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Americans for Safe Access: March 2010 Activist Newsletter

 

In This Issue:

D.C. Council Holds Hearing on Medical Marijuana

Maryland May Be 15th State to Make Medical Cannabis Legal

ASA Argues Against Local Dispensary Bans in Calif.

ASA Files Suit Over Dispensary Rules in LA

Medical Marijuana Week a National Success

UC Researchers Issue Report on State-Funded Studies

ACTION ALERT: Tell the AG to End the Raids!

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Americans for Safe Access
Monthly Activist Newsletter

March 2010

Volume 5, Issue 3


D.C. Holds Hearing on Medical Marijuana

ASA testifies on behalf of patients

Local officials in Washington, D.C. are shaping legislation to make medical marijuana available to patients there, after Congress lifted a ban on implementing a 1998 initiative in the District.

D.C. resident and Executive Director of Americans for Safe Access Steph Sherer was among the patients and advocates who appeared before the council at a hearing this month to explain why they should use care in restricting access to medical marijuana.

"A lot of regulations look good on paper but don't really help patients," Sherer told the members of the council's judiciary and public health committees. She urged the council not to limit patients to receiving recommendations only from their primary care physicians, explaining that chronically ill patients frequently see many specialists, and those that specialize in cannabis therapies are no different.

The D.C. council is wrestling with regulatory amendments for implementing Initiative 59, which was approved directly by District voters. In addition to restrictions on who can write recommendations for medical cannabis, officials are considering limiting what conditions patients could be treated for, who will be permitted to work in dispensaries, and where the cannabis would be cultivated.

Officials have said they are concerned because any legislative action taken by the council must be approved by Congress. Council Chairman Vincent Gray co-introduced the proposed legislation with council members David Catania and Phil Mendelson.

"This is a great first step, and we are confident that after hearing from patients in the District, the Council will make the necessary improvements," said Sherer.

Further Information:
Proposed D.C. legislation to implement I-59
Text of I-59, as passed in 1998.

Back to Top


Maryland May Be 15th Medical Cannabis State

Advocates and patients testify before state lawmakers

Patients and advocates testified before Maryland state legislators this month in support of new legislation to make medical marijuana legal in the state. The hearings of the House Judiciary Committee and Health and Government Operations Committee addressed concerns about the proposed law's restrictions.

"We applaud the Maryland legislature for recognizing the need to protect medical marijuana patients," said Caren Woodson, ASA Government Affairs Director. "But this bill falls short of meeting the fundamental needs of patients."

The proposed measure -- HB712, introduced by Maryland House Delegate Dan Morhaim, M.D. -- would replace the state's current medical marijuana law, the Darrel Putnam Compassionate Use Act, which was adopted in 2003. Existing law provides for patients who use and possess cannabis for medical treatment to receive misdemeanor convictions with maximum fines of $100.

The new legislation would put the state's health department in charge of the medical marijuana program, including the licensing of patients, caregivers, large-scale growers, and distributors. Patients would b e prohibited from cultivating any cannabis themselves and could only legally possess two ounces or less of medicine.

Further information:
Maryland's new proposed medical marijuana law HB712
ASA Legislative Memo re: Maryland proposed law
Darrel Putnam Compassionate Use Act (current law)

Blog

Everything You Need to Know About Marijuana Legalization

As more states begin to consider reforming marijuana laws, legislators are struggling to sort fact from fiction in the marijuana debate. Fortunately, we've already made enough progress that we have plenty of practical experience studying the impact of marijuana reform.

Our friends at NORML have compiled this useful and revealing information in a new report, Real World Ramifications of Cannabis Legalization and Decriminalization. It's an excellent resource that ought to help any reasonable person understand why ending marijuana prohibition will make the world a better place.
Blog

How Many Cops Does it Take to Bust a Marijuana User?

Via Radley Balko, here's a perfect example of routine policing in the war on drugs. If it sounds supremely pathetic, that's because it is:

Another tip from a watchful citizen early Tuesday morning brought the Greensburg Police Department closer to exterminating the drug problem in the city.
…

The caller advised that there was suspicious activity, strange noises and unusual odors coming from the apartment. When GPD officers arrived, the strange smell was identified as "burnt marijuana," Chief Heaton reported.

After identifying the apartment that was emitting the odors, the GPD attempted to make contact. But inside the apartment, no one answered.

Working quickly to establish probable cause, the officers sought to obtain a search warrant from the office of the Decatur County Prosecutor.

In the interim period before the warrant was granted, the GPD kept a secure perimeter around the residence, making sure that no one went in or out of the apartment, Chief Heaton explained.

"It definitely tied up our units (for about two hours)," Heaton said.

The search warrant was secured and served at 1:23 a.m. Tuesday. Upon gaining entry to the apartment, the police found marijuana and proof of marijuana consumption and the five suspects were arrested. [Greensburg Daily News]

What a horrible place Greenburg, IN must be if the police have nothing better to do than this and the newspaper has nothing better to do than report every agonizing detail of it. The whole thing is so impressively lame, I can hardly believe I'm reading it. Good luck "exterminating the drug problem" in Indiana's most boring city.
Blog
Blog

For the record: State Department Report, NYC ODs drop, Guatemalan Top Cop & Head Narc Busted, Salvia Banned in Wisconsin

Even though there was no Chronicle last week--due to your editor's death-battle with a vicious Mexican bug; I only returned to the land of the living on Friday--things continued to happen anyway. Here are a handful of items that would have been in the Chronicle had there been one last week: On Monday, the State Department released its annual state on the world on drugs report. The report, called the 2010 International Narcotics Control Strategy, was going to be the subject of a feature story last week before I got sick. I may still go with it this coming week. Also on Monday, the New York City Health Department reported overdose deaths fell in 2008 to the lowest level since 1999. OD fatalities fell from 874 in 2006 to 666 in 2008. Increased use of naloxane, an opioid agonist used to undo overdoses may get some of the credit. On Tuesday, Guatemala's national police chief and its head narc were arrested for links to drug traffickers and for the murders of five policemen. Police Chief Batlazar Gomez and anti-drug head Nelly Bonilla were arrested during an "investigation into a drug robbery (in April 2009) in Amatitlan, which those detained today are believed to have participated in", said Attorney General Amilcar Velasquez. Five police officers were killed during the robbery. The pair currently face charges of conspiracy, breaking and entering, abuse of power, making illegal arrests, drug trafficking, obstruction of justice, illegal possession of firearms and ammunition. On Thursday, Wisconsin Gov. Jim Doyle signed into law a bill banning salvia divinorum. That makes Wisconsin the 19th state to move against Sally D. A few states have limited its sale to adults, but most of those states have simply banned salvia. The Wisconsin bill, AB 186, bans the manufacture, distribution, or sales of salvia—although not its possession—and backs it up with a $10,000 fine. I'm back at it now, and that means the Chronicle will be back on Friday. In the meantime, I'll most likely post a story or two in the blog just to see if you're paying attention.
Blog
In The Trenches

Veterans Affairs Continues to Forbid Doctors to Recommend Medical Marijuana to PTSD Patients

FOR IMMEDIATE RELEASE                                                                                                     

MARCH 4, 2010

Veterans Affairs Continues to Forbid Doctors to Recommend Medical Marijuana to PTSD Patients

VA refuses to recognize marijuana as an effective medicine, proven to relieve PTSD symptoms suffered by the men and women who defend our nation

CONTACT: Kurt A. Gardinier, MPP director of communications …………… 202-215-4205 or 202-905-0738

WASHINGTON, D.C. — Despite widespread evidence showing medical marijuana to be a safe and effective treatment for post-traumatic stress disorder, the U.S. Department of Veterans Affairs forbids all VA doctors from recommending medical marijuana to veterans, even in the 14 states where medical marijuana is legal.

         The VA policy is based on advice from the Drug Enforcement Administration, which has long-supported keeping marijuana in the Schedule I classification reserved for substances with no accepted medical use, placing it alongside substances like heroin and LSD. A 2008 study by the RAND Corporation showed that 20 percent of soldiers returning home from Iraq and Afghanistan suffer from PTSD. A 2007 study in the Journal of Traumatic Stress found that marijuana can be an effective treatment for severe PTSD symptoms.

         In New Mexico, PTSD is the most common affliction treated among those enrolled in the state’s medical marijuana program, according to the New Mexico Dept. of Health. One such patient is Army Veteran Paul Culkin, who served in Iraq as a staff sergeant with the Army’s bomb squad and now heads the New Mexico Medical Marijuana Patient’s Group.

         “As a country, we are committed to providing the best equipment and weapons to our servicemen and women on the battlefield. Similarly, our soldiers should be offered the best and most effective medical treatments when we return home, but this is simply not the case,” Culkin stated. “Marijuana is a proven and legitimate medicine and the VA needs to start listening to the scientific facts.”

         According to University of Albany clinical psychologist Dr. Mitch Earleywine, “It is an outrage that the men and women who risk their lives keeping us free are now forced to risk their own freedom to obtain a medicine they feel works best to treat their PTSD. Marijuana can be an effective medicine for some key symptoms of PTSD. There is no question that our country’s bravest should have safe access to it.”

         To set up an interview with Paul Culkin or Mitch Earleywine contact Kurt A. Gardinier at 202-215-4205.

         With more than 124,000 members and subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.mpp.org.

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In The Trenches

Hawaii Senate Overwhelmingly Passes Three Bills to Improve Marijuana Laws



FOR IMMEDIATE RELEASE                                                                                                     

March 3, 2010

Hawaii Senate Overwhelmingly Passes Three Bills to Improve Marijuana Laws

Measures would expand state’s medical marijuana law and reduce the penalty for possession of one ounce to a civil fine

CONTACT: Kurt A. Gardinier, MPP director of communications …… 202-905-0738 or [email protected]

HONOLULU, HAWAII — Yesterday, the Hawaii Senate passed by overwhelming, veto-proof margins three measures that will greatly improve marijuana laws in the state:

SB 2213 passed 20-4, with one excused. This bill would allow counties to license medical marijuana dispensaries.

SB 2141 passed 24-1. This bill would increase the ratio of plants, ounces and caregivers allowed for each medical marijuana patient.

SB 2450 passed 22-3. This bill would remove criminal penalties for the possession of up to one ounce of marijuana and replace them with a civil fine of up to $300 for a first offense and $500 for a subsequent offense.

         The bills now go to the state House.

         “These votes show that Hawaii’s Senate supports sensible marijuana policies that will serve the best interests of state citizens,” said Eric M. McDaniel, a legislative analyst with the Marijuana Policy Project. “Hawaii’s most vulnerable citizens deserve safe and reliable access to their medicine, and no Hawaiian deserves to go to jail simply for using a substance that is safer than alcohol. If House members agree, I would strongly encourage them to pass these measures as well.”

         The Drug Policy Forum of Hawaii, headed by Pamela Lichty and Jeanne Ohta, and the Peaceful Sky Alliance, headed by Matt Rifkin, played crucial roles in getting these measures through the Senate.

         With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.mpp.org.

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In The Trenches

New Reports Find Trend in Reform Policies, Prison Downsizing

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Announcement

Sentencing Project


The Sentencing project releases two new reports

fiscal crisis and record incarceration spur trend in prison downsizing

·         4 states - KS, MI, NJ, NY - reduced prison populations by 5-20% since 1999

·         At least 19 states adopted policies in 2009 that promote prison population reductions through sentencing, probation and parole reforms, and reexamining effective public safety


As states grapple with the fiscal crisis and confront costly and overburdened criminal justice systems, two reports released today by The Sentencing Project offer roadmaps to successful prison downsizing that maintain public safety. The reports document a growing trend to reform sentencing policies and scale back the use of imprisonment in order to control spending. 

"Downscaling Prisons: Lessons from Four States," released by Justice Strategies and The Sentencing Project, finds that four states - Kansas, Michigan, New Jersey, and New York - have reduced their prison populations by 5-20% since 1999 without any increases in crime. This came about at a time when the national prison population increased by 12%; and in six states it increased by more than 40%.  The reductions were achieved through a mix of legislative reforms and changes in practice by corrections and parole agencies. The reforms included:

·         Kansas - Changed sentencing guidelines to divert lower-level drug cases to treatment rather than incarceration; Expanded supportive services to people on parole supervision.

·         Michigan - Eliminated most mandatory minimum sentences for drug offenses; enacted statewide initiative to reduce parole revocations and enhance employment, housing, and treatment services for people leaving prison.

·         New Jersey - Increased parole releases by adopting risk assessment instruments and utilizing day reporting centers and electronic monitoring.

·         New York - Scaled back harsh drug penalties, established Drug Treatment Alternative to Prison programs, and applied "merit time" credits to speed up parole consideration.

Other states have joined this trend, and 2009 proved to be a high mark for such reforms.  The Sentencing Project's report, "The State of Sentencing 2009: Developments in Policy and Practice," by Nicole D. Porter, highlights reforms in at least 19 states that hold the potential of further prison population reductions. Key among these reforms are:

·         Three states - Minnesota, New York, and Rhode Island - significantly scaled back the scope of mandatory sentencing laws for certain drug offenses.

·         Seven states increased the proportion of "good time" credits to be earned in prison to expedite parole eligibility.

·         Four states Arkansas, Illinois, Nebraska and New Jersey - established oversight committees to examine sentencing policies, prison overcrowding and reentry services.

Figures recently released by the U.S. Bureau of Justice Statistics document a record prison and jail population of 2.3 million as of 2008, but also indicate that the population in state prisons is stabilizing.  Overall, 20 states achieved at least modest reductions in their prison populations between 2007 and 2008.

Access the reports at www.sentencingproject.org or click the links below:

"Downscaling Prisons: Lessons from Four States"

"The State of Sentencing 2009: Developments in Policy and Practice"

 

The Sentencing Project | 514 Tenth Street, NW | Suite 1000
Washington, DC 20004 | 202.628.0871 |
Send an email to The Sentencing Project.

The Sentencing Project is a national organization working for a fair and effective criminal justice system by promoting reforms in sentencing law and practice, and alternatives to incarceration.

In The Trenches

ACTION ALERT: Statewide Bill Threatens Patient Rights

On Thursday, March 4, starting at 1:30pm, the Colorado State Legislature will hear the first reading of a bill which seeks to regulate dispensaries-- and weaken patient rights.  This bill, HB 1284, which was largely authored by law enforcement, threatens to cripple the state medical marijuana law in a number of ways. (Note a version of this bill will be posted on our website shortly.)

 

Here are a few of the most damaging provisions of the bill:

 

  • Prohibits patients from living near schools.  Patients could not possess medicine within 1000 feet of a school, which means patients could not live near schools.
  • Patients could not join together with family members or others to share grow space.
  • Would allow cities and towns to ban dispensaries-- forcing sick patients to "get on the bus" to find medicine.

 

Here's how you can help fight HB 1284

 

Attend the Thursday Hearing.  Legislators need to hear from patients and professionals about how damaging HB 1284 will be.  This Hearing should begin around 1:30 at the State Capitol in Denver in the Old Supreme Court Chambers (2nd floor).  Please show up, dress nice, and spread the message to "vote no on HB 1284."

 

Call your state legislator

 

Every state legislator should hear how bad HB 1284 is.  You can find and contact your state legislators here.  Note you will need to enter your nine digit zip code to find your state rep and senator.  Find your full zip code here.
In The Trenches

ENCOD Statement to the Malaysian government

Brussels, 4 March 2010 To: Yang Amat Berhormat Dato’ Sri Mohd Najib Bin Tun Abdul Razak Prime Minister of Malaysia Dear Excellency, Today we write to you as European citizens concerned with the impact of global drug policies, with an urgent request. We believe the death sentence that is applied to drug law offenders in Malaysia is an inappropriate measure, and would like to offer you our collaboration in identifying better solutions to the drug problems in your country. With certain regularity, reports appear in the Malaysian press on people being sentenced to death for the possession of illegal drugs, including cannabis. The exact number of those who are actually brought to death remains unknown. Human rights organisations estimate that currently some 300 convicted prisoners await execution on death row, most of them for drug-related offences. These sentences clearly violate international standards for a fair trial. The presumption of guilt and the mandatory death sentence in drug cases places the charge on the accused to prove his or her innocence and leaves a judge with no discretion over the sentence. Competent legal assistance is unavailable to many of those people, leaving them with little capacity to mount a defence at any stage of the proceedings. UN human rights bodies have concluded that drug offences fail to meet the condition of “most serious crime”, under which the death penalty is allowed as an “exceptional measure”. We are aware of the argument that drugs cause problems in Malaysian society. However, we doubt that these problems will be solved by harsh punishments, let alone executions of drug offenders. Malaysia, like any other country in the world, is not and never will be 100 % drug-free. As long as people in Malaysia want to consume drugs, other people will continue to supply them. Because of the fact that drugs are prohibited, drug trafficking is the core business of criminal organizations that in most cases operate internationally. The people who are occasionally caught by authorities with relatively small amounts do not have major responsibilities in this business. Killing them will not scare the drug gangs away. On the contrary: thanks to these harsh punishments, the leaders in the drug business can continue to justify extraordinary high prices for their goods,. Thus it maintains a vicious circle of violence and danger. On the other hand, it is important to make a serious assessment of the problems that drugs may or may not cause. Cannabis for instance is a plant, a natural product, a non-lethal substance. Its consumption has been widespread around the world for thousands of years among many different cultures and people. All these people do not use cannabis because it endangers their health or wellbeing, but rather because they experience the opposite. According to increasing amounts of scientific evidence, the so-called dangerousness of cannabis has been largely exaggerated and driven by moral in stead of rational considerations. The prohibition of cannabis was installed and promoted worldwide by Western countries, especially the USA, during a period in which they dominated the world. Meanwhile, in most European countries, cannabis possession for personal consumption is not penalised anymore. In a growing number of states in the USA, major law changes are taking place that legally regulate the cultivation and distribution of cannabis to adults for medicinal purposes. It would be extremely sad to see Malaysia continue executing people found in possession of cannabis, while the countries that have installed its prohibition have come to the insight that this is a useful substance whose consumption can be perfectly integrated in society. In Europe, during the past decades, we have been able to compare the results of different, sometimes opposing drug policies in societies that are similar in demographical, material and socio-cultural development. The conclusion is that drug policies, whether they are repressive or flexible, have a very minor impact on the drug phenomenon itself. In countries where authorities are relatively tolerant, the use of drugs may be lower than in neighboring countries where policies are more repressive. Another conclusion is that drugs-related harms can only be reduced by effective social and health policies. Innovative strategies for reaching out to the affected population and reducing the harms related to drug use are needed. The harsh implementation of drug law enforcement is an impediment to the introduction of these strategies. For these reasons, we are convinced that the death penalty is actually counterproductive to efforts to reduce the harm caused by drugs. We call upon your wisdom to apply principles of sound governance and let Malaysia join the majority of nations by declaring a moratorium on executions with a view to total abolition of all death sentences for drug offenses, as called for by the United Nations. We offer you our kind co-operation in transmitting knowledge and experience of public health policies that have proven effective in addressing drug-related problems. Sincerely yours, Marisa Felicissimo, Fredrick Polak, Jorge Roque and Antonio Escobar Members of the Steering Committee of the European Coalition for Just and Effective Drug Policies
In The Trenches

DEA Marijuana Seizures Nearly Double As Marijuana Production in Mexico Grows by 35%

FOR IMMEDIATE RELEASE                                                                                                     

March 3, 2010

DEA Marijuana Seizures Nearly Double As Marijuana Production in Mexico Grows by 35%

Officials continue to waste money on futile attempts to stem production and violence, ignoring the only solution: a regulated marijuana market

CONTACT: Aaron Houston, MPP director of government relations …… 202-905-2009 or [email protected]

WASHINGTON, D.C. — The total amount of marijuana seized by the Drug Enforcement Administration nearly doubled from 1,539 metric tons in 2008 to 2,980 metric tons in 2009, according to numbers disclosed by the DEA as part of their budget request for 2011.

         Meanwhile, the cultivation of marijuana in Mexico rose 35% in 2009 to nearly 30,000 acres, according to a report released by the U.S. State Department. The report also revealed that between $8 and $25 billion in drug profits were laundered by Mexican drug lords during the same period.

         “When is the United States government going to realize that they will never eliminate the demand for marijuana, but they can regulate its production?” said Aaron Houston, MPP director of government relations. “These latest numbers confirm that the only thing an increase in the amount of marijuana seizures by the DEA will do is force more marijuana to be grown by gangs in Mexico, lining the pockets of drug cartels, and further fueling the bloodshed along our border and in our respective countries. The only real solution to this crisis is to tax and regulate marijuana.”

         These latest figures come just days after high-ranking officials from the U.S. and Mexico concluded a three-day conference meant to outline ways the two nations could reduce the illicit drug-trade-associated violence that continues to plague the U.S.-Mexican border. Unfortunately, the obvious and sensible strategy of taxing and regulating marijuana was not mentioned. The Obama administration instead opted to throw more money at the problem in the form of a $1.4 billion aid package to combat Mexican drug cartels. The Obama administration is also seeking $310 million in its 2011 budget for drug enforcement aid to Mexico. 

         With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit mpp.org.

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