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Press Release: Medical Marijuana Bill Passes New York Senate Health Committee

FOR IMMEDIATE RELEASEÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â
FEBRUARY 23, 2010
Medical Marijuana Bill Passes New York Senate Health Committee
CONTACT: Kurt A. Gardinier, MPP director of communications ⦠202-905-0738 or [email protected]
WASHINGTON, D.C. â Today, the New York State Senate Health Committee passed S. 4041-B, the Senateâs medical marijuana bill. This marks the second consecutive year that the bill has gotten out of the Senate Health Committee. The Assemblyâs medical marijuana bill, A. 9016, passed the Health Committee last month and is now sitting in the Assembly Codes Committee.
        âWe applaud the New York Senate Health Committee members for doing the right thing and taking this important step toward protecting sick and dying New Yorkers from arrest or jail,â said Noah Mamber, legislative analyst with the Marijuana Policy Project. âLetâs hope New York legislators will follow the lead of New Jersey, the state next door, which is about to become the 14th state to implement an effective medical marijuana law.â
        The New York State Assembly passed medical marijuana legislation in 2007 and 2008, but the issue has never gotten a Senate floor vote. For the first time in 2009, a Senate medical marijuana bill passed the Senate Health Committee, but progress stalled because of the Senate leadership struggle, which lasted until just before the legislature recessed.
        With more than 29,000 members and 124,000 e-mail 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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Federal Policy on Medical Marijuana is Still a Confusing Mess
LA Times explains perfectly why this is so:
The confusion can be resolved only by Washington. Fourteen states currently have medical marijuana laws, and more are likely to adopt them, multiplying the legal disarray exponentially.
The new policy of respecting state laws is already helping to expand the medical marijuana map (NJ, DC), yet the feds still claim the right to intervene at their own discretion. DEA enforcement against clear violations of state law might be tolerated politically, but their active involvement becomes less sustainable as new states enter the picture. As long as DEA maintains its authority to enforce local regulations, any inaction on their part will inevitably resemble tacit approval. It makes far more sense to step aside entirely and let state police and state courts take full responsibility for interpreting and enforcing their own laws.
If the White House wants to shield itself from political fallout over medical marijuana, the quickest and easiest approach is to get out of the game altogether.
Do You Think the Drug War Isn't a Big Deal in Mexico? Check This Out
Dallas Police Plan Widespread Warrantless Drug Searches
As long as the public remains largely ignorant about 4th Amendment rights, police will continue to rely on coercive tactics that treat people as guilty until proven innocent:
Dallas police began a new initiative today to combat drugs. Citywide, officers are headed to suspected drug houses to "knock and talk" with the occupants.
The technique involves knocking on the door of a suspected drug house and trying to talk the people inside into inviting officers in to search without a warrant. Police can enter without a search warrant if they see illegal activity happening.
Dallas police have long used the technique, but its use will be widened during the next few months to include more officers and more areas within the city. [Dallas Morning News]
If this sounds to anyone like a program that only affects drug offenders, it's not. Police tactics like these are always framed as an effort to "get weapons and drugs off the street," but they are so much more than that. By definition, the people targeted under such policies are innocent citizens against whom police have no actionable evidence of criminal activity. After all, when police have credible facts indicating that drug crimes are taking place at a specific location, they may obtain a search warrant and enter lawfully.
The "knock and talk" approach is used exclusively to enter private residences in the absence of probable cause. Vague and unfounded suspicions, or even prejudices, could ultimately determine which locations are singled out for investigation. In the process, innocent people living in high-crime neighborhoods are placed at great risk of arrest in the event that a guest, neighbor or former tenant left something illegal on their property.
As misguided as these tactics are, there is one simple option available to concerned citizens who don't want police digging through their drawers: just don’t let them in. Unless you give them permission to enter, police need a warrant to search your home. You may simply decline the search and tell the officers that you'll gladly cooperate if they return with a warrant. If that makes you uncomfortable, another option is not to answer the door at all, which also reduces the likelihood of police claiming that they saw or smelled something illegal when you opened the door for them.
The bottom line is that invasive "knock and talk" programs don't work if everyone knows their rights, which is why the D.C. police simply canceled theirs after we started doing this:
Anyone in Dallas who's concerned about the new policy should consider organizing a similar effort.
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