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Supreme Court Rules in Favor of Sentencing Fairness for Crack Cocaine
Press Release: Medical Marijuana Law Needs Fixing
[Courtesy of Iowans for Medical Marijuana]
FOR IMMEDIATE RELEASE: December 8, 2007
CONTACT: Carl Olsen Iowans for Medical Marijuana (515) 288-5798Dear Governor Richardson,
In your press release dated August 17, 2007, you vowed to fight the federal intimidation efforts, and use every state resource to fully implement the state law making medical marijuana legal for the most seriously ill patients. We think it is inconsistent that New Mexico state law continues to classify marijuana as a schedule I controlled substance, N.M. Stat. Ann. § 30-31-5(A)(2) (2007), with no accepted medical use in treatment in the United States.
Although federal law currently classifies marijuana as a schedule I controlled substance with no accepted medical use in treatment in the United States, the actual determination of whether marijuana has accepted medical use is specifically reserved to the states under the federal Controlled Substances Act of 1970 (CSA) (21 U.S.C. §§ 801 et seq.). This is clear from the recent decision by the United States Supreme Court in Gonzales v. Oregon, 546 U.S. 243 (2006).
Gonzales v. Oregon, 546 U.S. 243, 250 (2006) (referring to 21 U.S.C. § 903):"No provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates . . . to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision . . . and that State law so that the two cannot consistently stand together." § 903.
Gonzales v. Oregon, 546 U.S. 243, 269-270 (2006):In deciding whether the CSA can be read as prohibiting physician-assisted suicide, we look to the statute's text and design. The statute and our case law amply support the conclusion that Congress regulates medical practice insofar as it bars doctors from using their prescription-writing powers as a means to engage in illicit drug dealing and trafficking as conventionally understood. Beyond this, however, the statute manifests no intent to regulate the practice of medicine generally. The silence is understandable given the structure and limitations of federalism, which allow the States "great latitude under their police powers to legislate as to the protection of the lives, limbs, health, comfort, and quiet of all persons." (Citations omitted).
United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483, 492 (2001):The Attorney General can include a drug in schedule I only if the drug "has no currently accepted medical use in treatment in the United States," "has a high potential for abuse," and has "a lack of accepted safety for use . . . under medical supervision." §§ 812(b)(1)(A)-(C). Under the statute, the Attorney General could not put marijuana into schedule I if marijuana had any accepted medical use.
Although New Mexico Senate Bill 523, effective July 1, 2007, now includes marijuana in both schedule I and schedule II of New Mexico's state version of the Uniform Controlled Substances Act, the question that we have for New Mexico is why New Mexico's version of the Uniform Controlled Substances Act continues to list marijuana as a schedule I controlled substance, N.M. Stat. Ann. § 30-31-6 (2007), which has "no accepted medical use in treatment in the United States", N.M. Stat. Ann. § 30-31-5 (2007). Under both New Mexico and federal law, the criteria for placing a substance in schedule I is "no accepted medical use in treatment in the United States".
We fear that this inconsistency is going to cause problems for patients in New Mexico who are attempting to comply with the Lynn and Erin Compassionate Use Act, N.M. Stat. Ann. § 30-31C-1 (2007), as amended by New Mexico Senate Bill 523, effective July 1, 2007.Carl Olsen, George McMahon, Barbara Douglass
Directors of Iowans for Medical Marijuana (http://www.iowamedicalmarijuana.org/)
Members of the Board for Patients Out of Time (http://www.medicalcannabis.com/)
Petitioners in The Federal Marijuana Rescheduling Petition (http://www.drugscience.org/)
Canadians Unite Against Bill C-26 - Ask MPs "Why Prohibit Marijuana?"
4:20 Drug War NEWS Update 12/10/07
ASA: Judiciary Committee Chairman Conyers Opposes DEA Tactics
Prison Art Clocks let you do time with your favorite imprisoned artists. Only $16.99 (reg $20)
The Sentencing Project: Disenfranchisement News & Updates - 12/7/07
Americans for Safe Access: December 2007 Activist Newsletter
Victory for Patients' Right to Return of Marijuana
Appeals Court Says Police Must Give Back Property Despite Federal Law
ASA's legal team won another huge victory when a California appeals court said police must return marijuana seized from qualified patients. The November 28th ruling in favor of Felix Kha, a medical marijuana patient from Garden Grove, means police must return the eight grams of medical marijuana they took from him in a June 2005 traffic stop.
Attorneys for the police claimed that they should not have to since federal law prohibits possession of marijuana, even for medical use. But a three-justice panel from the state's Fourth Appellate District unanimously rejected that claim, saying "it is not the job of the local police to enforce the federal drug laws."
"California law enforcement is now on notice that they cannot seize and keep the medicine of seriously ill patients," said ASA Chief Counsel Joe Elford, who represented Kha. "The court has ensured that patients have a way to get their cannabis back."
The ruling was more than two years in the making. After a marijuana possession charge against Kha was dismissed in August 2005 because he had a valid doctor's recommendation, an Orange County Superior Court judge ordered the return of his medicine. But the City of Garden Grove refused and appealed the order.
The issue was ripe for review, as state courts have split on the issue previously. The question found the California Attorney General and the California Police Chiefs Association on opposite sides. Both filed "friend of the court" briefs in the case on opposite sides of the issue, with the state Attorney General in support of Kha.
In analyzing reports from nearly 800 patient encounters with local or state police in 53 of California's 58 counties, ASA found that more than 90% resulted in medicine seizure by police, regardless of probable cause.
The court's ruling also affirms a 2005 policy change by the California Highway Patrol (CHP). CHP abandoned its policy of mandatory seizure of medical marijuana after a court challenge from ASA.
"Both today's court ruling and the new CHP policy go a long way toward restoring patients' rights in California," said Elford.
For further information, refer to:
Decision by the California Fourth Appellate District Court
Background on Felix Kha's return of property case
Drug Truth Update 12/05/07
Ron Paul Blames Prostitution on the Drug War
When John Stossel interviews Ron Paul, you know it's gonna be good. Paul defends personal choice, rejecting the federal government's authority to regulate drug use. He even credits the drug war with causing prostitution by artificially inflating drug prices.
You know what? He's right.
"You Don't Want This!"
It's funny because it's true. At least I think that's why it's funny. Anyway, I hope the whole movie is Tim Meadows getting stoned, acting super intense, and reverse peer pressuring people.
Is Rep. Dana Rohrabacher a Legalizer?
THE 75TH ANNIVERSARY OF THE END OF PROHIBITION The SPEAKER pro tempore. Under a previous order of the House, the gentleman from California (Mr. ROHRABACHER) is recognized for 5 minutes. Mr. ROHRABACHER. Madam Speaker, December 5, 1933, December 5, 2007. So, tomorrow we mark the 75th anniversary of something, and most people will just pass it by and not be aware that tomorrow marks the end of Americaâs great and noble experiment. It is the 75th anniversary of the end of the national prohibition of alcoholic beverages. With the repeal of prohibition in 1933, that was 75 years ago tomorrow, the United States ended a social planning policy that created organized crime in America, crowded our jails with nonviolent prisoners, corrupted our police, increased urban violence, and destroyed the lives of thousands of victims of unadulterated and poisoned substances, substances which if they were permitted would have been subject to normal market protections of fraud and quality standards. However, during prohibition, these substances which were consumed by the American people often poisoned them and caused them to lose their lives. Philosopher Santayana told us that those who cannot learn from history are doomed to repeat it. Have we in Washington learned the lesson of prohibition that ended 75 years ago? Why did America reject the prohibition of alcoholic beverages? Well, when government attempts to control the peaceful behavior of its citizens, it often sets in motion forces that are more dangerous than the social evil that they are trying to control. Todayâs war on drugs is perhaps an example. The war on drugs has resulted in a multimillion dollar network of violent organized crime. The war on drugs has created the deaths by drive-by shootings and turf wars among gangs in our cities. The war on drugs has overcrowded our prisons. More than half of Federal prison space is occupied by nonviolent drug users. The war on drugs has corrupted our police and crowded our courts. We apparently did not learn the lesson of the prohibition of alcoholic beverages. Today, on the campaign trail we hear new calls for prohibitions on cigarettes, on fatty foods, and even more money should be spent, yes, on the war on drugs. But, as we mark the 75th anniversary of the repeal of prohibition, let us have the courage to learn from the mistakes of the past. Perhaps it would be better for us to focus our energies not on the supply side of drugs just as they were doing with the supply side of alcohol, but instead to focus our efforts on trying to help those people who are addicted to drugs; perhaps to try to help our young people, deter our young people from getting involved in drugs; perhaps to take a whole new approach on this, rather than this monstrous war on drugs that has done nothing but create havoc in our inner cities, making so many young people who have been arrested and their lives destroyed because they will never be able to get a decent job after one arrest being a teenager. So many people have been hurt by the war on drugs; yet we keep it because we want to supposedly help people. Well, I would suggest that this 75th anniversary of the repeal of prohibition, which was the greatest failure of American social planning in the history of our country, let us try to commit ourselves to help ensure that our young people are dissuaded and deterred from the use of narcotics. Let us work with those who are, indeed, addicted to narcotics and help them free themselves from this habit. But letâs end this notion that we can try to control the use of narcotics in our country by simply controlling the supply. Simply controlling the supply will not work. Weâve got to look at the demand side, try to treat people humanely, and use the limited resources that we have in a much more constructive way, rather than just creating more police who are committed to drugs and interdiction and all the rest of the major expenses, court expenses and others that go into a war on drugs rather than an attempt to help people who are susceptible to the use of drugs. I call the attention of my fellow colleagues to this the 75th anniversary of the repeal of the prohibition of alcoholic beverages.Good for Dana Rohrabacher! By the way, if you don't already know, we put something out marking the anniversary of repeal too.
Some Good News from the Supreme Court on Crack Sentencing
SUPREME COURT RULES THAT JUDGES MAY CONSIDER HARSHNESS OF CRACK POLICY IN SENTENCING Decision Comes on Eve of U.S. Sentencing Commission Vote to Reduce Crack Sentences for Prisoners The Supreme Court ruled 7 to 2 today that a federal district judge's below-guideline sentencing decision based on the unfairness of the 100 to 1quantity disparity between powder and crack cocaine was permissible. Justice Ruth Bader Ginsburg wrote the decision in the case, Kimbrough v. U.S. (06-6330). "At a time of heightened public awareness regarding excessive penalties and disparate treatment within the justice system, today's ruling affirming judges' sentencing discretion is critical," said Marc Mauer, Executive Director of The Sentencing Project. "Harsh mandatory sentences, particularly those for offenses involving crack cocaine, have created unjust racial disparity and excessive punishment for low-level offenses." The Court's decision in Kimbrough comes at a time of unprecedented interest in reforming the mandatory minimum sentencing policy for crack cocaine offenses. Bipartisan legislation has been introduced in Congress and hearings are expected early next year. Moreover, tomorrow, the U.S. Sentencing Commission is expected to vote on whether its recent sentencing guideline reduction for crack cocaine offenses will apply retroactively to people currently serving time in prison. Review today's decision in Kimbrough at: http://www.scotusblog.com/wp/wp-content/uploads/2007/12/06-6330.pdf
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