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Drug Policy Alliance

www.drugpolicy.org

For Immediate Release: October 13, 2011
Contact: Tony Newman or Anthony Papa

Former NYPD Detective Testifies that Police Regularly Plant Drugs on Innocent People to Meet Arrest Quota

DPA Statement: Drug War Corrupts Police, Ruins Lives, Destroys Trust Between Law Enforcement and Community

Stephen Anderson, a former NYPD narcotics detective, testified yesterday that he regularly saw police plant drugs on innocent people as a way to meet arrest quotas. Mr. Anderson is testifying under cooperation with prosecutors after he was busted for planting cocaine on four men in a bar in Queens. "It was something I was seeing a lot of, whether it was from supervisors or undercovers and even investigators," said Anderson.

"One of the consequences of the war on drugs is that police officers are pressured to make large numbers of arrests, and it's easy for some of the less honest cops to plant evidence on innocent people," said gabriel sayegh of the Drug Policy Alliance. "The drug war inevitably leads to crooked policing – and quotas further incentivize such practices."

The NYPD has also come under heat recently for arresting more than 50,000 people last year for low-level marijuana offenses – 86% of whom are black and Latino – making marijuana possession the number one offense in the City. Most of these arrests are the result of illegal searches by the NYPD, as part of its controversial stop-and-frisk practices. Marijuana was decriminalized in New York State in 1977 – and that law is still on the books. Smoking marijuana in public or having marijuana visible in public, however, remains a crime.  Most people arrested for marijuana possession are not smoking in public, but simply have a small amount in their pocket, purse or bag. Often when police stop and question a person, they say "empty your pockets" or "open your bag." Many people comply, even though they’re not legally required to do so. If a person pulls mari­juana from their pocket or bag, it is then "open to public view." The police then arrest the person.

Last month, in a rare admission of NYPD wrongdoing, Police Commissioner Ray Kelly ordered all officers to stop charging people with misdemeanor marijuana violations based on improper searches. The new policy directive comes on the heels of a 2011 report released by DPA highlighting the enormous costs of marijuana arrests in New York and a public pressure campaign by advocacy groups and elected officials.

"Whether the issue is planting drugs (like this instance) or falsely charging people for having marijuana in public view (as is the case with the majority of marijuana arrests in NYC) the drug war corrupts police, ruins lives, and destroys trust between law enforcement and the communities that they serve," said sayegh.

On Wednesday 5th October, European drug user activists from 10 countries (1) met in Marseille to discuss the devel

PRESS RELEASE

Americans for Safe Access
For Immediate Release: October 7, 2011
Contact: ASA Media Liaison Kris Hermes or ASA Chief Counsel Joe Elford

Patient Advocates Accuse Obama of Hypocritical, Aggressive Policy on Medical Marijuana
Millions of taxpayer dollars spent undermining state and local medical marijuana laws

Sacramento, CA -- The Obama Justice Department (DOJ) held a press conference in Sacramento today announcing an array of enforcement actions against medical marijuana producers and distributors as well as landlords throughout California. Patient advocates are calling President Obama's enforcement effort harmful and unnecessary, representing a stark contradiction to his pledge of disengagement in medical marijuana states. The DOJ claimed it was carrying out civil and criminal enforcement actions against medical marijuana providers and sending "warning" letters to property owners leasing to dispensary operators.

"Aggressive tactics like these are a completely inappropriate use of prosecutorial discretion by the Obama Administration," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group. "President Obama must answer for his contradictory policy on medical marijuana." On the campaign trial and in the White House, President Obama pledged that he was "not going to be using Justice Department resources to try to circumvent state [medical marijuana] laws."

This attack is the latest in a long line of federal intimidation tactics employed over the past few months by such agencies as Housing and Urban Development (HUD), the Federal Deposit Insurance Corporation (FDIC), the Internal Revenue Service (IRS) and the Department of Justice (DOJ). President Obama's DOJ has conducted well over 150 federal raids in at least 7 states since taking office and his U.S. Attorneys sent letters earlier this year threatening local and state officials in 10 states with criminal prosecution if they adopted proposed medical marijuana laws.

By sending threatening letters to landlords, President Obama is taking a cue from his predecessor George W. Bush, whose Justice Department sent similar letters to more than 300 property owners throughout California in 2007. Despite the seriousness of letters sent by the DOJ under Bush, no criminal or forfeiture enforcement actions were ever pursued. It's unclear if the federal government has the resources or inclination to act on these new threats in a significant way, but for the price of postage they have engaged in wholesale intimidation of the medical marijuana community.

Advocates argue that states should be allowed to enforce their own public health laws, including those concerning medical marijuana. "It is unconscionable that the federal government would override local and state laws to enforce its will over the will of the people," said ASA spokesperson Kris Hermes. "States must be allowed to enforce their own laws without harmful interference from the Obama Administration." California Attorney General Kamala Harris was apparently not warned by the DOJ about the heightened federal enforcement effort before today.

The DOJ enforcement effort comes as hundreds of demonstrations against Wall Street are continuing to occur across the country. These protests are, at least in part, questioning the federal government's allocation of limited resources. Meanwhile, President Obama has chosen to expend federal resources to crack down on medical marijuana in states that have legalized its use. "By shutting down dispensaries, the Obama Administration is not only pushing legal patients into the illicit market," continued Hermes, "it's also wasting taxpayer dollars at a time of fiscal crisis."

Further information:
Redacted example of U.S. Attorney letter to landlords of California medical marijuana dispensaries: http://AmericansForSafeAccess.org/downloads/US_Attorney_Landlord_Letter.pdf

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With over 50,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.