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Americans for Safe Access: Monthly Newsletter

Medical Marijuana Advocates Get Calif. DMV Change

Qualified Patients No Longer Subject to Arbitrary License Revocation

The ASA legal team saw the fruits of another big victory for patients in March, when the California Department of Motor Vehicles (DMV) issued a new policy on driver's licenses that ends discrimination against state medical marijuana patients.

ASA Chief Counsel Joe ElfordASA Chief Counsel Joe Elford

As of March 2, the DMV Driver Safety Procedure Manual now says that "use of medicinal marijuana approved by a physician should be handled in the same manner as any other prescription medication which may affect safe driving." The change means that medical marijuana use now "does not, in itself, constitute grounds for a license withdrawal action," as it had in the past.

The change in DMV policy stems from a lawsuit filed by ASA on behalf of Rose Johnson, 53, whose driving license was revoked because she uses medical marijuana on the advice of her doctor. Despite having driven for 37 years without an accident or a ticket, the DMV revoked Johnson's license last July. According to the DMV, Johnson was no longer able to safely operate a motor vehicle "because of...[an] addiction to, or habitual use of, [a] drug." Their evidence? Her doctor's recommendation for medical marijuana.

ASA filed suit on Johnson's behalf in November, and DMV announced their new policy in January, before her case was heard. Johnson was given a driving test, which she passed, and DMV reinstated her license.

"The new DMV policy is a significant change," said ASA Chief Counsel Joe Elford, who handled the action. "Drivers will no longer have their licenses suspended or revoked simply because of their status as medical marijuana patients."

ASA had reports that the DMV had targeted medical marijuana patients in at least eight California counties, including Alameda, Butte, Contra Costa, Glenn, Merced, Placer, Sacramento, and Sonoma. License suspensions and revocations by the DMV were done under cover of calling the drivers "drug abusers," though they were based on nothing more than the person's status as a state-qualified medical marijuana patient.

"This DMV policy change represents a victory for patients, which puts us closer to full implementation of California's medical marijuana law," said Elford.

Sentencing Delayed for Dispensary Owner

Lynch Seeks Leniency Based on New Federal Policy

New comments on medical marijuana from the U.S. Attorney General have prompted a federal judge to grant a reprieve to a California man awaiting sentencing.

Charles LynchCharles Lynch cuts the ribbon

The judge wants to hear if there are policy changes at the Department of Justice that would affect whether Charles Lynch, 46, should serve the mandatory minimum six years in federal prison for operating a medical cannabis dispensary. Defense attorneys have asked that he be sentenced to time already served, the four days he was held before posting bond.

Lynch was scheduled to be sentenced March 23, but his attorneys now have until April 30 to find and present evidence of new federal policy. The Morro Bay man, who was convicted in August 2008, has become a symbol of the Bush Administration's attempts to thwart state medical marijuana programs. Many patients and advocates have been pushing the public debate on this high-profile case and talking to the media, but among the most effective has been a member of LA ASA, Cheryl Aichele.

"Cheryl has become more and more active during this case," said ASA Field Director George Pappas. "She may be new to advocacy, but she's shown what determination and energy can accomplish."

Lynch has appeared recently on 20/20, on MSNBC, and is the focus of a Reason TV documentary with Drew Carey. Lynch is scheduled for Larry King Live the week of April 6.

"Mr. Lynch is a victim of an outdated federal approach to medical marijuana, which has changed under the Obama Administration," said Joe Elford, ASA Chief Counsel. "If President Obama recognizes the injustice of federal raids on medical marijuana dispensaries, then Lynch should serve no more time than he already has."

President Obama said on the campaign trail that he would change federal policy on medical marijuana, but his administration has been slow to announce what that will mean. Under questioning from the press, Attorney General Eric Holder has now said that the Department of Justice will no longer prosecute medical marijuana patients and providers unless they are violating both federal and state law.

By all accounts, Lynch was scrupulous in his adherence to both state law and local ordinance, obtaining business licenses and permits, and even joining the Morro Bay Chamber of Commerce. Though Lynch was prevented from presenting a defense based on compliance with state law or serving a medical need, his trial established that he even asked the DEA how to provide medicine to patients legally.

Lynch's medical marijuana dispensary, Central Coast Compassionate Caregivers, was raided by DEA agents in March 2007. He reopened, but closed after being threatened with forfeiture of his property. Two months later, Lynch was charged in federal court with multiple felonies related to possessing and distributing marijuana.

Since the 2005 U.S. Supreme Court decision in Gonzales v. Raich, which re-established the ability of federal agents to arrest and prosecute medical marijuana patients and providers, more than a half-dozen federal defendants have been found guilty at trial and sentenced up to 20 years in prison, despite being in compliance with local and state laws. More than two dozen federal medical marijuana cases are currently being prosecuted.

"It's time for the Obama Administration to act on its commitment to change federal medical marijuana policy," continued Elford. "Pending federal cases should be moved to state court, where juries can hear the whole truth."

The April 30 sentencing hearing for Charles Lynch will be at U.S. District Court, Courtroom 10, 312 North Spring Street, Los Angeles.

DEA Hits Licensed SF Medical Marijuana Dispensary

Patients and Officials Protest Raid

Within days of Attorney General Eric Holder saying there is "a new American policy" on medical marijuana, DEA agents were again storming a California dispensary.

Though the indictment and evidence remain under seal, an unidentified official leaked word that the raid was justified because of unpaid state sales taxes. Holder had said that his department would go after only those who violate both federal and state law.

Within minutes of the raid starting, protestors alerted by ASA's emergency text message system had surrounded the dispensary. ASA and other advocates immediately called on local officials to take action, and within hours Assemblymember Tom Ammiano had issued a statement denouncing the raid. A statement from California's chief tax officer, Betty Yee, followed, saying that Emmalyn's was current on its tax payments. Other officials also denounced the raid, including Supervisor Chris Daly, in whose district Emmalyn's is located.

"I support safe and adequate access for all patients in the city," Daly said. "I condemn any force which is used to disrupt or prevent patients from accessing their medicine."

Emmalyn's was operating prior to San Francisco's 2006 development of a dispensary ordinance, and has been providing medical marijuana to thousands of patients in the city without incident. The dispensary’s attorney is Terence Hallinan, the former San Francisco District Attorney.

"There is no evidence that I'm aware of that my client is in violation of state or local law, or is errant in paying sales tax to the state," said Hallinan. "This is a slap to President Obama's face by DEA."

Medical marijuana advocates say that state law should be left to state officials.

"Medical marijuana patients and providers deserve a chance to defend themselves under state and local law," said ASA spokesperson Kris Hermes. "That's not possible once the federal government gets involved."

In recent years, the DEA has conducted more than 150 medical marijuana raids, the vast majority of which have been in California.

ASA Affiliate Profile: Marijuana Anti-Prohibition Project

Lanny Swerdlow, a dedicated activist, licensed registered nurse, and talk-radio host, runs multiple monthly meetings of Marijuana Anti-Prohibition Project (MAPP), an ASA Affiliate in Southern California's Inland Empire. And he and MAPP are achieving real success.

Tony BowlesLanny Swerdlow

Working jointly with the Riverside County Dept. of Public Health, MAPP was the driving force behind making Riverside County the first county in southern California to issue the state mandated medical marijuana—a remarkable achievement in an area known as a hotbed of anti-medical cannabis sentiment.

MAPP also recently succeeded in bringing a medical cannabis panel discussion to the Riverside County HIV/AIDS Conference, funded by the County itself. It was a milestone in the County's recognition of medical cannabis. Swerdlow had also hoped to screen the acclaimed medical-cannabis documentary "Waiting to Inhale" at the conference, but was blocked be the Drug Free Community Coalition, a federally funded local group with friends on the County Board. The film was shown at a separate location.

Since then, MAPP has continued to fight harder than ever. The group is engaged in negotiations with the Riverside County Sheriff's Depart-ment that could lead to a model police policy. They have succeeded in pushing medical cannabis dispensing collective regulations in an area that has long been known as staunchly opposed. And they're party to a lawsuit against San Bernardino County, similar to suits filed by ASA against counties that are noncompliant with the medical cannabis state ID card program.

The work of Swerdlow and MAPP shows that, no matter what the opposition, a vocal community can create progress with relentless pressure on public officials based on reasoned debate and scientific facts. For more information on MAPP, contact Lanny Swerdlow by email at [email protected].

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In The Trenches

NEW REPORT -- A cautionary tale: The impact of incarceration on Baltimore City

JPI header

 
 

Baltimore City residents share their experiences and hopes for the future

Advocates say new report is "a cautionary tale" for the nation's leaders

 

 

Contact: LaWanda Johnson
202-558-7974 x308
202-320-1029

BALTIMORE, MD--Teens spending their free time comforting parents who have lost their own children to violence; a woman fighting to break the cycle of addiction while fighting to keep her family together; a man struggling to keep his job while trying to comply with parole reporting requirements; a formerly incarcerated single mother making her daughter proud by getting her degree; and a woman grappling with the murder of her son and forgiving his assailant. These are some of the people who share their experiences in a new report, Bearing Witness: Baltimore City's residents give voice to what's needed to fix the criminal justice system, released today by the Justice Policy Institute.  In a brilliant blend of narratives and policy recommendations, Bearing Witness lays bare the facts around crime and punishment in Maryland's largest city, while shining a light on the hope and resiliency of those most affected by decades of failed policies. This report was supported by the Open Society Institute.

"Bearing Witness provides a glimpse not only of the impact the criminal justice system has had on communities, but also on the hope and determination of Baltimore City residents," said Shakti Belway, the author of the report.  "Each person's narrative demonstrates their perseverance in the face of incredible obstacles and their willingness to provide support and opportunity for others in similar circumstances."

Compared to the rest of Maryland, Baltimore City faces a concentrated impact of the criminal justice system. Although home to roughly 600,000 people, in 2006 the Baltimore Central Booking and Intake Center processed nearly 100,000 arrests and detained 44,825 individuals.  In 2008, 61 percent of newly-incarcerated people in Maryland prisons were from Baltimore City.  This intense involvement has taken its toll over the years on people, families, and neighborhoods.

"We felt that it was important for people most affected by the criminal justice system to have their voices heard, and a chance to talk about what they believe should be done to change the system for the better," said Tracy Velázquez, executive director of the Justice Policy Institute. "Their comments and conclusions underscore that more treatment, comprehensive services for families and individuals, and alternatives to incarceration--including those rooted in the principles of restorative justice--benefit people and their communities."

Bearing Witness, a collaborative effort of community members and organizations, not only documents Baltimore City's experiences, it also serves as a cautionary tale about the consequences of relying on the criminal justice system to solve social problems.The report identifies five areas that are critical to Baltimore City becoming a safer and healthier community:

  • Women and families have unique needs.  When a woman is sent to prison, her entire family also feels the punishment.  Treatment, interventions, and wrap-around services should be designed with the needs of women and their families in mind. 
  • Parole and probation serve as a revolving door that sends people back to prison.  The parole and probation system is too focused on catching people who are not meeting the conditions of release.  Instead, these systems should concentrate on ensuring that people get the support they need to stay out of prison.
  • A public health approach to drug addiction would eliminate the practice of sending people to prison who, in reality, need treatment.  Community-based treatment options that include the family and are available on demand would make this approach a reality.
  • Expanding opportunities and investing in solutions will preserve public safety and strengthen Baltimore City for years to come.  Rather than putting money into prisons and the criminal justice system, the community would benefit from stronger education and re-entry programs, job training, youth-oriented programs, and other community-based initiatives. 
  • Restorative justice and community conferencing are effective and less costly alternatives to incarceration.  The criminal justice system, as it is currently designed, does not meet the complex needs of victims, the community or the people who caused harm.

For more information about Bearing Witness or to schedule an interview, contact Lawanda Johnson at (202) 558-7974 x308 or [email protected].
 

 

 

The Justice Policy Institute is a non-profit public policy and research institute dedicated to ending society's reliance on incarceration and promoting effective and just solutions to social problems. To learn more about our research and publications visit www.justicepolicy.org

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Exámenes toxicológicos: Se estrangula proyecto bastante divulgado de Virginia Occidental para someter a beneficiarios de prestaciones sociales a exámenes

Un proyecto de ley de Virginia Occidental que habría ordenado exámenes toxicológicos aleatorios con la gente que trata de obtener subsidios de desempleo o cupones alimenticios encontró su destino merecido esta semana y fue estrangulado sin providencias en el Comité de la Cámara sobre el Judiciario de la legislatura. Pero proyectos parecidos siguen vivos en un puñado de estados.
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5 blocks from here

Vancouver police are cleaning up the third homicide since the "Huge"gang arrests that was the beginning of the end of the gang war.I have found that SFU criminology dept criminologists have a realisti
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Honoring Good Cops Doesn’t Mean Ignoring Bad Ones

I recently mentioned the controversy surrounding some drug cops in Philadelphia who've been stealing cash and merchandise from convenience stores under the guise of enforcing paraphernalia laws.

Via Radley Balko, it looks like the story is getting more interesting. The Philadelphia Daily News obtained surveillance video from one of the stores, which shows officers sabotaging security cameras. While the video doesn’t catch officers actually stealing anything, it certainly doesn't look good that they're cutting wires on security cameras right before the alleged theft took place. The video also shows that the paraphernalia purchase cited on the search warrant never actually took place. Uh-oh.

The bottom line is that these cops are more than just a little bit dirty. They are insanely corrupt. And yet, the last time I wrote about this, someone actually complained about it in the comment section:

The majority of the criminals out there are bad mouthing the police organization because they are upset they got busted. Documented are thousands of cases where police acted as heroes and law enforcers; no one seems to want to report or testify on their behalf, so I am. I respect the law enforcement organizations for what their true goals are and strongly suggest that people such as your selves find a new line of work.

Yeah, I'll stop complaining about police misconduct when police stop committing outrageous crimes. I appreciate good police work as much as anyone, but I won't ignore or forgive horrible misconduct just because other cops are doing their job. Most bus drivers aren't alcoholics, but that doesn't mean every incident of drunk bus driving should become a celebration of all the heroic bus drivers who don't go to work wasted.

One crooked cop is one too many. And if the good cops can’t get rid of the bad ones, then they're not exactly perfect either.
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Decriminalization is a Huge Success in Portugal

On Friday, I had the opportunity to hear Glenn Greenwald speak at the Cato Institute regarding his Cato-sponsored report, Drug Decriminalization in Portugal: Lessons for Creating Fair and Successful Drug Policies. You can read the report here and Cato also has a downloadable MP3 of the event.

The back-story here is that Portugal implemented an across-the-board drug decriminalization policy back in 2001. There's been very little discussion and research regarding its impact, hence Cato recruited Greenwald (a genius and extremely popular political blogger) to study Portuguese drug policy. His findings thoroughly illustrate the efficiency of decriminalization towards addressing key drug policy goals, while refuting the myth that removing harsh penalties will lead to increased consumption.

The whole thing utterly shatters most, if not all, arguments that continue to be advanced in support of tough drug laws here in the U.S. and around the world. I found a couple points particularly interesting:

1. When Portugal began looking at alternative policies to address  a growing drug problem, they did not consider legalization because it was determined that such a policy would violate international treaties. It's a small country that can't afford to be belligerant. This just goes to show, once again, the extent to which prohibition is not a consensus policy at the international level, but rather an idealogical approach that less powerful nations have been forced to accept.

2. The decision to implement a decriminalization policy emerged through discussion of empirical data, rather than emotional arguments about morals, civil liberties and so forth. I don't know how representative this is of what approach would be most effective in establishing more reasonable policies here in the U.S., but it's certainly worth taking a look at the context in which decriminalization triumphed over other policy options.

In The Trenches

4:20 Drug War NEWS + Century of Lies! 04/06/09

4:20 Drug War NEWS + Century of Lies! From 90.1 FM in Houston 60+ radio affiliates in the US, Canada and Australia & at www.kpft.org. Today Marks 36,581 Days of DRUG WAR! Century of Lies, 04/05/09: Roger Goodman, a Washington State Rep. and director of the King County Bar Associations' drug policy group, discusses regulation and rules necessary to end drug prohibition + US Senator Jim Webb outlines the need to reform America's prison industrial complex. LINK: http://www.drugtruth.net/cms/?q=node/2359 4:20 Drug War NEWS 04/06/09 to 04/12/09 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Cliff Schaffer 3/3 Sat - Cliff Schaffer 2/3 Fri - Cliff Schaffer, founder of druglibrary.org & marijuanabusinessnews.com discusses ways & means to end drug war 1/3 Thu - Phil Smith with the Corrupt Cop (and Judges) story Wed - Terry Nelson reports for Law Enforcement Against Prohibition (and CNN, Fox, etc.) Tue - US Senator Jim Webb 2/2 Mon - US Senator Jim Webb calls for new direction for our prison industrial complex 1/2 - courtesy NPR Next - Century of Lies on Sunday, Cutural Baggage on Wednesday: - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 MT & 9:30 AM PT: Glenn Greenwald report on Portugals success on drugs - Century of Lies 8 PM ET, 7 PM CT, 6 PM MT, 5 PAM PT: Guest: TBD Hundreds of our programs are available online at www.drugtruth.net, and www.audioport.org Check out our latest videos via www.youtube.com/fdbecker Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker, 713-849-6869, www.drugtruth.net
In The Trenches

The Sentencing Project: Disenfranchisement News -- Removing the 'Poll Tax'

Washington State: Getting Closer to Removing 'Poll Tax' In response to a bill that would remove financial barriers for those seeking to vote, the News Tribune published an editorial in support of the legislation. "Current state law enforces a double standard in restoring the voting rights of felons who've been released from state supervision. The ones with means to pay their court fines in full can vote; the ones who can only afford to pay down their debts bit by bit may have to wait years before they are deemed worthy of helping elect a mayor or approve a school bond. Such disparate treatment effectively makes the right to vote depend on the contents of a released felons' wallet." House Bill 1517 passed the House and awaits action in the Senate. If it becomes law, individuals will be able to re-register to vote once released from state custody, including any parole or probation. Marc Mauer, executive director of The Sentencing Project, was quoted in the Seattle Post-Intelligencer as saying, "People want there to be consequences for committing a crime. But certainly once the sentence has been completed, there's not that many people who think this should be a lifetime punishment imposed on you." . International: Inmates, Human Rights Organization Request Voting Rights Botswana prison inmates in Francistown have asked the Minister of Labour and Home Affairs for the right to vote during the general elections, according to the Botswana Press Agency. The inmates said they are still citizens of the country and should be allowed to exercise their democratic right to vote. Minister Peter Siele promised to consider the request, amongst other issues raised by the inmates. The Prison Reform Trust has lodged a formal complaint with the Council of Europe in an effort to repeal the United Kingdom's blanket ban on inmate voting. The organization calls the ban "an unjustified relic from the past which does not protect public safety or act as an effective deterrent," the Guardian reported. Washington, D.C.: Briefing to Focus on Democracy Restoration Act The Leadership Conference on Civil Rights is hosting a "Briefing on the Democracy Restoration Act and Felony Disenfranchisement - A Civil Right Denied," today from 3 to 4:30 pm at 1629 K Street, NW on the 10th Floor in Washington, D.C. Speakers include Hilary Shelton, Director, NAACP Washington Bureau; Deborah J. Vagins, Legislative Counsel, ACLU Washington Legislative Office; and Erika Wood, Deputy Director, Democracy Program, Brennan Center for Justice. RSVP to Jessica Cooke, [email protected] or call 202-263-2881. Delaware: House Votes in Favor of Vote Restoration The House voted 32-8 in favor of the a bill sponsored by Rep. Hazel D. Plant, (D-Wilmington Central), that would eliminate a five-year waiting period for rights restoration in the Delaware Constitution. Currently, the law allows individuals to vote five years after the expiration of sentence or if the governor grants a pardon. "People asked me why they had to wait five years before they could vote when if they got a job two days after getting out of prison, the government would tax them," Plant was quoted as saying in the News Journal. "Once a jury sentences you and you complete your sentence, complete your probation and make restitution, your sentence ends right there and you should be able to." Virginia: Governor Publishes Public Record of Reenfranchisement Cases Governor Tim Kaine recently published and submitted to the General Assembly a 385-page report documenting his record of rights restoration rights since his election in 2006. The document, "Pardons, Commutations, Reprieves and Other Forms of Clemency," was produced after several groups inquired about the state's time limit for voter registration prior to the November 4 election. The Secretary of the Commonwealth's office set an August 15 deadline and was able to accommodate about 1,000 people in time to register, the Richmond Times-Dispatch reported. Last year, Gov. Kaine restored voting rights to 1,500 residents with felony convictions; over his entire term, he has restored rights to more than 2800 individuals. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org
In The Trenches

ALERT: #399 Medicinal Marijuana Is Legal in Michigan

DrugSense FOCUS Alert #399 - Monday, 6 April 2009 Today over a million folks living in Michigan became eligible to apply for permission to use medicinal marijuana. It is the first day that the state Bureau of Health Professions at the Michigan Department of Community Health will accept applications. Michigan becomes the second largest state and the first in the heartland to have a medicinal marijuana program. Called the Michigan Medical Marihuana Program (MMMP) by the state, application forms and details are on line at http://www.michigan.gov/mdch/0,1607,7-132-27417_51869---,00.html In a vote last November, 63 percent of the state's voters said yes to medical marijuana. The initiative won in every single county in the state. Many police in the state are not happy. George Basar, president of the Michigan Association of Chiefs of Police http://www.michiganpolicechiefs.org/ , predicts the law will ignite widespread marijuana abuse as stated in this article http://www.mapinc.org/drugnews/v09/n353/a02.html Others are accepting the new reality. For example, the Genesee County Prosecutor David Leyton met Friday with advocates as shown in this article http://www.mapinc.org/drugnews/v09/n388/a04.html We are starting to see calls for improvements in the law like this editorial calling for better ways for patients to obtain their medicine http://www.mapinc.org/drugnews/v09/n385/a02.html The Constitution of Michigan states that "no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in the initiative measure or by three-fourths of the members elected to and serving in each house of the legislature." The law does not provide for change by the state legislature. Perhaps in the future the three-fourths needed will vote to improved the law as the above editorial asks. Any change which would undermine the law is not likely. Michigan's law sends a strong message to elected and appointed officials at all levels of government that marijuana is medicine - a message you may help send, also. Most news clippings about the law and the various issues involved may be accessed at http://www.mapinc.org/topic/Michigan+Medical+Marijuana In Michigan the people have spoken. It will be interesting to see how the press covers the issue in Michigan in the months ahead just as it is in the other states with medicinal marijuana laws. ********************************************************************** Prepared by: Richard Lake, Senior Editor www.mapinc.org === . DrugSense provides many services at no charge, but they are not free to produce. Your contributions make DrugSense and its Media Awareness Project (MAP) happen. Please donate today. Our secure Web server at http://www.drugsense.org/donate.htm accepts credit cards and Paypal. Or, mail your check or money order to: . DrugSense 14252 Culver Drive #328 Irvine, CA 92604-0326. (800) 266 5759 . DrugSense is a 501c(3) non-profit organization dedicated to raising awareness about the expensive, ineffective, and destructive "War on Drugs." Donations are tax deductible to the extent provided by law.
In The Trenches

Press Release: FAMM Cheers Passage of Rockefeller Drug Law Reform

Families Against Mandatory Minimums logo

 

 

Press Release: April 3, 2009                                       
Contact: [email protected]                                                                                          

 

FAMM Cheers Passage of Rockefeller Drug Law Reform

Changes Further "Smart on Crime" Sentencing Trend

WASHINGTON, D.C. - Families Against Mandatory Minimums (FAMM), a national advocacy organization dedicated to reforming mandatory minimum sentencing laws, today applauds New York state leaders responsible for approving legislation that substantially overhauls and reforms New York's Rockefeller drug laws, once the toughest in the nation. FAMM also congratulates the efforts of families, incarcerated and formerly incarcerated individuals and advocates who made these changes possible.

The agreement, included as part of the New York budget bill, now awaits Governor David Paterson's signature.  It will restore judicial discretion in many drug cases, expand drug treatment and alternatives to incarceration, and provide retroactive sentencing relief for people serving prison time for low-level drug offenses.  It also allows approximately 1,500 people incarcerated for low-level nonviolent drug offenses to apply for resentencing and increases penalties for "drug kingpins" and adults who sell drugs to young people.

Deborah Fleischaker, director of state legislative affairs of FAMM, issued the following statement in response to today's news:

"New York's decision to eliminate its draconian Rockefeller laws marks a step toward policies that are both tough and smart on crime. Mandatory minimum sentencing laws are a driving force in skyrocketing prison populations.  Many states and the federal government followed New York's lead and enacted mandatory minimums in the 1970s and 1980s, believing these "one-size-fits-all" sentences would dry up the drug supply and eliminate drug addiction.  Sadly, mandatory minimums in New York and elsewhere have the opposite effect, filling our prisons with drug addicts instead of drug kingpins, and causing the erosion of faith in the fairness of the criminal justice system because of severe racial disparities caused by these laws.

Being tough on crime is not enough.  States must figure out how to protect public safety, without wasting thousands of lives and millions of dollars.  By repealing the Rockefeller drug laws, New York has just taken an enormous step toward finding that balance.

New York has joined the growing wave of states that recognize the harm caused by mandatory minimum sentencing.  From Michigan's elimination of most of its drug mandatory minimum laws, to Nevada's decision to repeal mandatory sentencing enhancements, to Pennsylvania's decision to have its Sentencing Commission study the effectiveness of mandatory minimum sentences, states are waking to the idea that mandatory minimum sentences lead to bloated budgets, fail to protect public safety, and are bad criminal justice policy.

Contrary to the claims of those who oppose these reforms, removing the mandatory minimum sentences for drug crimes is not "soft on crime."  Politicians need to concern themselves with crafting smart criminal justice policies, instead of settling for the expensive and unworkable status quo.  The New York reforms, though long overdue, are good news for New Yorkers and the rest of the nation.  A recent report by Pew Center on the States shows why.   One in 31 Americans are under some form of criminal justice control - in prison, on probation or on parole - and one in 100 are in prison or jail.  The cost of this overreliance on corrections is staggering - last year it was the fastest expanding major segment of state budgets, and over the past two decades, its growth as a share of state expenditures has been second only to Medicaid. State corrections costs now top $50 billion annually and consume one in every 15 discretionary dollars."

Families Against Mandatory Minimums is a nonprofit, nonpartisan organization that supports fair and proportionate sentencing laws that allow judicial discretion while maintaining public safety. For more information on FAMM, visit www.famm.org or contact Monica Pratt Raffanel at [email protected].

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Sentences that Fit. Justice that Works.
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