Latest

Voices of Community Advocates and Leaders (VOCAL) | Drug Policy Alliance For Immediate Release: June 29, 2010 Contact: Sean Barry at (646) 373-3344 or Gabriel Sayegh at (646) 335-2264 Life-saving Legislation to Increase Access to Effective Public Health Programs Passes Legislature with Bi-partisan Support Bill Clarifies Confusion, States Clearly that People can Possess Syringes; New Law Should End Harassment by Police, Save Lives by Ensuring Clean Syringe Access and Safe Disposal Advocates Applaud Legislature, Await Governor Paterson’s Signature ALBANY -- Today, the New York State Legislature passed legislation clarifying conflict between the Penal Law and the Public Health Law. Senate Bill 5620-A (Duane) and it’s companion, Assembly Bill 8396-A (Gottfried) builds on 20 years of New York’s commitment to innovative and effective programs that have dramatically reduced the rates of HIV/AIDS and Viral Hepatitis transmission rates among people who inject drugs and their families. New York’s Public Health Law allows people that participate in Syringe Exchange Programs (SEP) and the Expanded Syringe Access Program (ESAP) – a law passed in 2000 that allowed for syringe sales for those over 18 at pharmacies without a prescription -- to possess clean syringes. However, the provision that allows for participants to possess syringes was never put into the Penal Code, which resulted in police harassment of participants, leading to a chilling effect that decreased access to clean syringes and prevented proper disposal of used ones. Since the police carry the Penal Law, and not the Public Health law, they often did not know that possession of syringes in New York was entirely legal. Thus cops would often arrest program participants, leading to a chilling effect around a syringe exchange and reducing participation. The evidence on syringe exchange programs is clear: In New York City, syringe exchange programs (SEPs) have expanded access to clean syringes, leading to a dramatic health benefits: HIV/AIDS transmissions amongst intravenous drug users dropped by 75% between 1990 and 2001. Along with access to clean syringes and safe disposal of used ones, exchanges offer HIV/AIDS and Hepatitis C testing, condoms, counseling, and referrals to drug treatment. The clarification of the law—bringing the Penal Law into accordance with the Public Health law – will lead to increased access of these life-saving programs. Hiawatha Collins, a Leader of VOCAL NY-Users Union, a membership-led union of current and former drug users who create and advocate for policies that directly impact them, knows first hand how the police harassment has decreased access to clean syringes and proper disposal of used ones. “I want to thank Assemblymember Gottfried, Senator Duane and Governor Paterson for their leadership in passing this legislation,” Collins said. “They proved their commitment to under-served and diverse communities throughout New York City and State, and relied on the clear evidence that these programs save lives and enhance the health and safety of all New Yorkers. They looked into their hearts and chose to make a commitment to saving lives.” Governor Paterson submitted the same program bill last year that would place the Public Health Law language that allowed for syringe possession into the Penal Code, permit program participants to possess syringes for proper disposal, and create oversight by the Department of Criminal Justice Services to ensure that participants stop getting harassed. The bill passed the Assembly last year and was scheduled for a Senate vote before it was stalled by Senate coup last June. Last week, the Senate passed the legislation with strong bi-partisan support. The Governor’s signature is expected shortly. “This legislation is good for communities, good for cops, and good for New York,” said Evan Goldstein, policy associate at the Drug Policy Alliance. “By clarifying the law on syringe possession, there will be less confusion by cops and communities alike about accessing syringe exchanges, which save New Yorkers tens millions of dollars in health care costs each year while increasing the health of communities. We thank Assemblyman Gottfried, Senator Duane, and Governor Paterson for their leadership on this issue, and we thank the Legislature for their continued effort to address drugs as an issue of public health and safety.”

FOR IMMEDIATE RELEASE: June 29, 2010 CONTACT: (212) 549-2666, [email protected] ACLU Sues Wal-Mart On Behalf Of Cancer Patient Fired For Legally Using Medical Marijuana Michigan State Law Passed In 2008 Protects Employees Who Use Marijuana To Treat Debilitating Diseases BATTLE CREEK, MI - The American Civil Liberties Union and ACLU of Michigan, in partnership with the law firm of Daniel W. Grow, PLLC, filed a lawsuit today against Wal-Mart Stores, Inc. and the manager of its Battle Creek store for wrongfully firing an employee for using medicinal marijuana in accordance with state law to treat the painful symptoms of an inoperable brain tumor and cancer. The lawsuit charges that Joseph Casias, 30, the Battle Creek Wal-Mart's 2008 Associate of the Year, was fired from his job at the store after testing positive for marijuana, despite being legally registered to use the drug under Michigan's medical marijuana law. In accordance with state law, Casias never ingested marijuana while at work and never worked while under the influence of marijuana. "Medical marijuana has had a life-changing positive effect for Joseph, but Wal-Mart made him pay a stiff and unfair price for his medicine," said Scott Michelman, staff attorney with the ACLU. "No patient should be forced to choose between adequate pain relief and gainful employment, and no employer should be allowed to intrude upon private medical choices made by employees in consultation with their doctors." Casias has suffered for more than a decade from sinus cancer and a brain tumor in the back of his head and neck that was the size of a softball when it was first diagnosed. His condition has forced him to endure extensive treatment and chemotherapy, interferes with his ability to speak and is a source of severe and constant pain. Nonetheless, he had been successfully employed for more than five years by Wal-Mart in Battle Creek, where he began as an entry-level grocery stocker in 2004 and worked his way up to inventory control manager. "For some people, working at Wal-Mart is just a job, but for me, it was a way of life," said Joseph. "I came to Wal-Mart for a better opportunity for my family and I worked hard and proved myself. I just want the opportunity to continue my work." In 2008, Michigan voters enacted the Michigan Medical Marihuana Act, which provides protection for the medical use of the drug under state law. The pain medication Casias' oncologist had previously prescribed for him provided only minimal relief and as a side effect caused Casias to suffer from severe nausea. After the law was enacted, Joseph's oncologist recommended that he try marijuana as permitted by state law, and so Casias obtained the appropriate registry card from the Michigan Department of Community Health. The results were immediate and profound: his pain decreased dramatically, the new medicine did not induce nausea and Casias was able to gain back some of the weight he had lost during treatment. "Joseph is exactly the kind of person whom Michigan voters had in mind when they passed the state's medical marijuana law," said Daniel W. Grow, a St. Joseph, Michigan-based attorney. "Medical marijuana is legal in this state because voters recognized its ability to alleviate the pain, nausea and other symptoms associated with debilitating medical conditions, and no corporation doing business in Michigan should be permitted to flout state law." Michigan's medical marijuana law protects patients registered with the state of Michigan from "arrest, prosecution, or penalty in any manner" for the use of medicinal marijuana as prescribed by a doctor and also protects employees from being disciplined for their use of medical marijuana in accordance with the law. The law does not require employers to accommodate the ingestion of marijuana in the workplace and does not protect employees who work under the influence of the drug. The outcome of today's lawsuit, filed in Calhoun County Circuit Court, could have ramifications beyond Michigan. "Today, 14 states and the District of Columbia provide protections for patients who use marijuana as recommended by a doctor," said Kary L. Moss, Executive Director of the ACLU of Michigan. "This case will be closely watched by patients across the country who rely on this medicine for pain relief and on their state laws for protection against unscrupulous employers." Lawyers on the case include Grow, Michelman, Moss and Dan Korobkin and Michael J. Steinberg of the ACLU of Michigan. A copy of the today's complaint is available online at: www.aclu.org/drug-law-reform/casias-v-wal-mart-complaint Additional information about the ACLU's work to reform drug laws is available online at: www.aclu.org/drug-law-reform Additional information about the ACLU of Michigan is available online at: www.aclumich.org.