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In The Trenches

ASA’s Media Summary for the Week Ending 9/21/07

FEDERAL: Judge Says Patient Must Return to Prison

A California medical marijuana patient is being sent back to jail to finish a 10-year sentence. Shortly after voters legalized medical use in the state, Bryan Epis began cultivating marijuana for himself and a handful of other qualified patients. Federal prosecutors claimed he was a drug dealer hoping to get rich; defense attorneys say they lied and misrepresented evidence at trial. Epis was released from prison after the Ninth Circuit Court of Appeals found in favor of medical marijuana patients in the Raich case, but now a judge says he has to go back and serve his original term.

Same term for medical pot grower
by Denny Walsh, Sacramento Bee (CA)
For the second time in five years, Bryan James Epis, the first person associated with a California cannabis buyers' club to be tried in a federal court for growing marijuana, was sentenced Friday in Sacramento to 10 years in prison.

WISCONSIN: State Measure Introduced Again

For the fifth year in a row, the Wisconsin state legislature is taking up the question of whether medical marijuana patients should be prosecuted for following their doctors’ advice. Polling shows that more than 75% of Wisconsin voters think access to medical marijuana should be legal. Lawmakers will again have the chance to bring public policy into line with public opinion.

Medical cannabis supporters unite
by Cara Harshman, Badger Herald (WI)
Is your medicine legal? Jacki Rickert’s isn’t. The Wisconsin mother joined two state legislators and other medical marijuana supporters Tuesday for a press conference to announce the introduction of new medical marijuana legislation.

Their medicine's not legal yet
by Jackie Johnson, Wisconsin Radio Network
Two state lawmakers introduce comprehensive medical marijuana legislation, called the "Jacki Rickert Medical Marijuana Act."

In Politics: For the Health of It
by Doug Hissom, On Milwaukee Magazine
Some state legislators are trying the get Wisconsin out of the mainstream when it comes to pot laws. The latest effort is being billed as "the most comprehensive medical marijuana legislation to date," according to bill sponsors, state Reps. Frank Boyle (D-Superior) and Mark Pocan (D-Madison).

Just a bill: Medical marijuana
by Stacy Forster, Milwaukee Journal-Sentinel
People with debilitating medical conditions would have access to marijuana under a bill introduced by Democratic Reps. Mark Pocan of Madison and Frank Boyle of Superior.

Boyle reintroduces medical marijuana bill
KUWS radio (WI)
Using marijuana for medical relief will be proposed again in the Wisconsin legislature again this session. Mike Simonson reports from Superior.

NEW YORK: Medical Marijuana Bill Moving Forward

The state Assembly has already passed a bill to remove criminal penalties for medical marijuana patients in New York. Now the state Senate is considering a different version of the bill, one that could render the law unworkable. The tactic has drawn the condemnation of at least one editorial board.

NY State Sen. Morahan backs medical pot stance
by Matt King, Times-Herald Record (NY)
Days after medical marijuana advocates took out an ad targeting state Sen. Thomas Morahan, he reaffirmed his support for a bill allowing doctors to prescribe the drug for seriously ill patients.

Baloney on medical marijuana
EDITORIAL, Times Herald-Record (NY)
There's a trick politicians use when they want to appear to be in favor of some issue that has strong public support. They craft legislation that suggests support but include a provision they know the other political party won't go for.

In The Trenches

NHS: Cannabis Petition, Government Response

Legalise Cannabis Alliance petition (UK), and government response: Response from UK Downing Street on petition (note the last paragraph) NHS-cannabis - petition reply 21 September 2007 We received a petition asking: "We the undersigned petition the Prime Minister to make cannabis/cannabis based drugs legal and available on NHS prescription to people suffering chronic pain and other ill health." *Details of Petition:* "Cannabis and cannabis based drugs are proven to be of great benefit to people suffering from chronic pain and illnesses such as cancer and Multiple Sclerosis (MS) in Canada, some US states and other countries. As the law currently stands, cannabis is illegal in the UK and cannot be prescribed on the NHS." * Read the petition * Petitions home page Read the Government's response: The Government has every sympathy for people who suffer from debilitating illnesses who cannot satisfactorily alleviate their symptoms through the use of existing medication. However, cannabis has a number of acute and chronic health effects and remains a controlled drug for good reasons. It is in this context that, on 27 May 2005, the Court of Appeal rejected an appeal to allow the use of cannabis (in its raw form) for the relief of chronic pain. The Court took the view that necessity was no defence for using or supplying the drug. It dismissed appeals in six cases where people were given fines or suspended sentences after convictions for possessing or importing cannabis. The Court also took the view that the general prohibition on cannabis in the Misuse of Drugs Act 1971 showed that any benefits perceived or suggested for individual patients were regarded as outweighed by the detriment of allowing its use. The judges left open the possibility of an appeal to the House of Lords because of the public importance of the issue. Whilst the Government has no intention of legalising the use of cannabis in its raw form for medicinal purposes, it would be willing to legalise the scientifically established medicinal use of a medical preparation of the drug. Any decision to legalise such a product is subject to product approval being granted by the Medicines and Healthcare products Regulatory Agency (MHRA), which will evaluate the safety, quality and effectiveness of all prospective medicines in the interests of public health. Sativex (Cannabis Sativa L.Extract) is an unlicensed medicine in the UK and a controlled drug under the Misuse of Drugs Act, listed in Schedule 1 of the Misuse of Drugs Regulations 2001. Previously, Sativex could only be prescribed by a doctor who had been granted the appropriate licence, and pharmacists could only stock and supply the product if they too had the appropriate licence. Guidance on this was issued by the Pharmaceutical Services Negotiating Committee (PSNC) in the December 2005 issue of Community Pharmacy News. Since then, the Home Office has confirmed that it has issued an open general licence for the product which allows pharmacists to dispense the product as an unlicensed medicine under certain conditions. There is no longer the requirement for a prescribing doctor or dispensing pharmacist to contact the Home Office in relation to obtaining a licence to prescribe or supply Sativex. The Home Office has lifted the record-keeping requirements and pharmacists now do not need to record Sativex in their controlled drug registers. There are provisions for patients to obtain Sativex in the UK but it would be for the individual patient and their doctor to discuss and consider whether the use of Sativex is appropriate for their particular clinical need. The GP concerned would have to write out the prescription and the pharmacist would contact the manufacturer for a supply of Sativex. Prescription requirements for Sativex still apply whereby prescriptions must be written in the same way as they are for Schedule 2 drugs with prescriptions including the dose, form, strength and total quantity of the preparation in both words and figures. Sativex is still classified as a Schedule 1 controlled drug and will remain so until such time as it has been approved by the MHRA, at which point the Home Office anticipates that Sativex (but not cannabis) will be rescheduled as a Schedule 4 controlled drug. Unfortunately, the MHRA cannot provide information about the status of an application or when it can be expected. The Agency will only approve applications once it is satisfied that the product in question is of a suitable quality, is efficacious and safe, and has an appropriate risk/benefit for the patients and indications sought. There has always been provision in both UK and European legislation which allows doctors to prescribe an unlicensed medicinal product (for which they are personally responsible) specially prepared and for administration to a particular patient to meet a special clinical need.
In The Trenches

The New Orleans International Drug Policy Reform Conference is the Biggest Harm Reduction Event of 2007

HRC at DPA 2007 Astor Crowne Plaza New Orleans, LA December 5-8, 2007 www.regonline.com/Checkin.asp?EventId=121856 The New Orleans International Drug Policy Reform Conference is the biggest Harm Reduction event of 2007. Town Hall Meeting - Evening Session What's up and what's on with our community right now and where are we going? Allan Clear, Bernie Lieving, Wyndi Anderson, Rona Taylor, Hilary McQuie, Luciano Colonna, Daniel Raymond, Donald Davis, Corey Davis, Sharon Stancliff, Phillip Fiuty, Andy Ko, Caitlin Padgett, Terri Hurst, Dimitri Mobengo Mugianis, Patrick Kroupa, Roseanne Scotti, Paula Santiago, and Tyler Fisher will be sifting publicly through the wreckage of our lives. Fed Ban Teach-In The Fed Ban has got to go! This year the DC ban was lifted. What can we do around the Dems, Labor HHS, Obey, full committee, Hill visits, and in-district meetings? Confused? Come to the teach-in to get informed and mobilized. Hilary McQuie & Daniel Raymond Workshops Buprenorphine: Thinking Outside the Box - Bup has been abysmally marketed in the US. It's a great medication but are your exchangers getting access to it? Sharon Stancliff Hepatitis C Integration - Eliminate blood borne HCV and HIV will also be eliminated. Yet we spend our time educating injectors about HIV whilst paying lip service to HCV. Learn how to fully integrate the message. Donald Davis & Narelle Ellendon Opiate Overdose - Too many preventable deaths happen among our opiate users. Many needle exchange programs are helping to save lives by distributing narcan and teaching rescue breathing. Learn how to save lives too. Caroline Rath & Lauren Enteen Law Enforcement - Police harassment of drug injectors isn't going away. We have to work with law enforcement for the sake of our programs and our participants. Get the skinny. Corey Davis & Basha Closic Other harm reduction panel topics and invited speakers at the conference: Hidden Histories of Harm Reduction - Caroline Acker, Sheigla Murphy, Allan Clear Integration of Harm Reduction into Government - Roseanne Scotti, Daliah Heller, Bernie Lieving, Kasia Malinowska Juvenille Justice and Harm Reduction Ibogaine - Howard Lotsof, Dimitri Mobengo Mugianis, Dana Beal, Patrick Kroupa Drinking Age of Youth and Harm Reduction Drug Cultures in Post-Katrina New Orleans - Implications for Harm Reduction Youth Engagement training - Caitlin Padgett Beyond Zero Tolerance - Chuck Ries For more information contact Rona Taylor @ [email protected]
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Obama is So Bad on Drug Policy, He Got Endorsed By Prison Guards

I guess the title says it all. Barack Obama is far and away the worst democratic contender when it comes to drug policy and criminal justice reform. It is unsurprising, therefore, that people who make a living off our grotesquely bloated criminal justice system are supporting his candidacy. Via Talkleft:
…one of the largest municipal jail unions in the country said Monday it would endorse Democratic Sen. Barack Obama of Illinois for president. The endorsement would be Obama's first from a union.
…

Obama said, "It's an honor to have the endorsement of these men and women who put themselves at risk every day to serve on the front lines of our nation's criminal justice system." [CBS News]
Ah, the ever-expanding front lines of our criminal justice system. Obama just keeps saying things like this. It remains perplexing to watch the so-called "change" candidate gaze with reverence upon our massive drug war and criminal justice system. Obama's support from incarceration specialists is richly deserved to be sure.

Update: At the risk of further emboldening the hysterical Obama fans in the comment section, it's only fair to add that Barack Obama has spoken in favor of needle exchange. Hillary Clinton, who's otherwise sounded good on drug policy (for a front-runner, anyway) wants to see more proof that it works, which, at this point, is like demanding proof that the sun will rise tomorrow. So Obama understands that issue, at least.

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A Marijuana User Gets Arrested Every 38 Seconds in America

Marijuana arrests have once again reached an all-time high, NORML reports:
Washington, DC: Police arrested a record 829,625 persons for marijuana violations in 2006, according to the Federal Bureau of Investigation's annual Uniform Crime Report, released today. This is the largest total number of annual arrests for pot ever recorded by the FBI. Marijuana arrests now comprise nearly 44 percent of all drug arrests in the United States.

"These numbers belie the myth that police do not target and arrest minor marijuana offenders," said NORML Executive Director Allen St. Pierre, who noted that at current rates, a marijuana smoker is arrested every 38 seconds in America.
…

Of those charged with marijuana violations, approximately 89 percent some 738,915 Americans were charged with possession only.
Possession of marijuana has got to be one of the stupidest, most trivial things you could ever get arrested for, and yet it happens with remarkable and increasing frequency. I reject, but at least understand the notion that marijuana should not be openly sold in convenience stores. But it amazes me that anyone still thinks we should be handcuffing people, hauling them to the station, ruining careers, collecting fines, administering drugs tests, and otherwise tormenting and humiliating people for having marijuana.

I honestly feel badly for people whose view of the world is so twisted that they can’t think of something better to do with our police and our tax dollars than this. At the same time, I'm convinced that most Americans don’t support a marijuana war of this magnitude.

I believe the right politician, at the right time, could make tremendous headway by simply coming out and saying it: "In America, we have better things to do than arrest each other for trivial reasons. We're sending the wrong message to our kids when we threaten to arrest them. Let's help people who need it and leave everyone else alone." If anyone wants to use this, please, be my guest. Hillary? Fred? Hello?
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Intellectual freedom

I posted; This Week's Corrupt Cops Stories on XXL. mag forum over the weekend. And now I can't log in! ... I now the forum is "up" and everything looks OK, but I can't log in like I been doing for months.
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Class action suit against the DEA, DOJ, etc...

I'm ready to launch one. The claim originates from this Federal Code; TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983 Civil action for deprivation of rights The creation of the drug laws was illegal - unconstitutional.
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