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Uh-Oh! Medical Marijuana Raid in San Francisco

Very unsettling:

Federal drug agents raided a medical marijuana facility in San Francisco Wednesday night.

The raid occurred at Emmalyn's California Cannabis Clinic at 1597 Howard Street. DEA spokeswoman Casey McEnry told CBS 5 the documents regarding the raid are sealed, so the DEA was not able to give many details.

"The documents relating to today's enforcement operation remain under court seal. Based on our investigation we believe there are not only violations of federal law, but state law as well." [CBS]

By claiming the case involves violations of state law, DEA is able to maintain the appearance of abiding by the attorney general's pledge to respect state medical marijuana laws. We're left to wonder if that will now become their blanket justification, to be invoked each time they elect to move in on an established medical marijuana provider. No one was arrested in today's raid, so we'll likely be waiting a while to find out what the hell happened.

The skeptical interpretation is that nothing's changed, that the feds will simply be more careful with the wording they use to describe future enforcement efforts that target medical providers. A worst-case scenario would the adoption of a policy in which the full force of federal law is brought down upon any medical marijuana provider who is accused of even a minor violation of state law. Defendants facing only federal charges would have no means to contest the grounds on which they were targeted to begin with. The practical value of Obama's purported policy shift would be negligible.

However, even if that's DEA's gameplan (which wouldn’t surprise me at all), I doubt it could withstand scrutiny. The salient question of why DEA is usurping the responsibilities of state law-enforcement won't escape notice and press coverage of these events grows increasingly competent as the issue continues to boil.

Obama's position on medical marijuana owes a great deal to pure political pressure resulting from the deep unpopularity of the raids themselves. The public simply hates this and won't be satisfied with a fictitious shell-game solution that merely reframes what DEA is actually doing.
Blog

Yet Another Chance to Ask Obama About Marijuana Laws

So far, Obama's favorite thing about being president is getting to read all the marijuana-related questions on his website. If it weren't, then he'd surely have stopped inviting us to submit questions, right? He loves you. Each and every one of you.

That's why WhiteHouse.gov is now accepting your questions on the economy. It's broken down into several categories, but multiple sections are utterly dominated by marijuana reform questions. Apparently, Americans' #1 economic concern is that marijuana is illegal.

As we've done several times now, let's make damn sure the new administration sees the potency of our movement by keeping drug policy reform questions in top position. The site also encourages you to vote against questions you're less interested in, so feel free to do that too.

The point isn't that marijuana laws are necessarily the top economic issue right now, but rather that the drug war went over budget a long, long time ago. It's one bad program that needs to go immediately if we're serious about making responsible decisions in tough times. Filling our prisons with non-violent drug offenders was bad enough when we still had the money to do it. Those days are behind us and no excuses remain for the political culture that has long championed the grand fiasco that now festers before our eyes.

At this moment of grave economic uncertainty, the obligation of our leaders to justify their programs and expenditures has never been greater. Unless or until Obama can come forward and confidently defend every damn dollar that is poured into the war on drugs, these questions will continue to dominate every public forum he holds.
In The Trenches

Medical Marijuana Bill Passes Full New Hampshire House, 234-138

FOR IMMEDIATE RELEASE   
MARCH 25, 2009

Medical Marijuana Bill Passes Full New Hampshire House, 234-138

Vote Marks First Time House Has Passed a Medical Marijuana Bill

CONTACT: Matt Simon, NH Coalition for Common Sense Marijuana Policy, (603) 391-7450

CONCORD, NEW HAMPSHIRE — The New Hampshire House passed a bill today, 234-138, that would allow seriously ill patients to use medical marijuana if their doctor recommends it – a first for either chamber of the state's legislature.

    Now that the bill – HB 648, sponsored by Evalyn Merrick (D-Lancaster) – has cleared the House, patients and advocates are calling on the Senate to pass it and send it to Gov. John Lynch to make it law without delay.

    "This vote proves that House members have taken this debate seriously, listened carefully to the testimony of patients who rely on medical marijuana for relief from terrible, debilitating conditions, and understand their duty as elected officials to provide for their needs with responsible, compassionate legislation," said Sen. Martha Fuller Clark (D-Portsmouth), co-sponsor of the bill that the House passed today. "Now it's up to my colleagues to do the same, and end the ongoing harassment of patients who have committed no crimes, and who only wish to be protected from arrest for using the proven, safe medicine their doctors recommend."

    In 2007, a bill similar to the one currently under consideration was defeated by only nine votes – an incredibly slim margin considering it had been negatively recommended by the House Health, Human Services and Elderly Affairs Committee that year. The same committee gave HB 648 an "ought to pass" recommendation March 18. Also, a 2008 Mason-Dixon poll showed that 71 percent of New Hampshire voters support such a law, and medical marijuana advocates say legislators have learned a lot in two years about both medical marijuana and medical marijuana policy.

    "This vote shows New Hampshire is ready to protect patients by enacting a responsible medical marijuana law," said Matt Simon, NH Coalition for Common Sense Marijuana Policy executive director. "Public opinion may soon become public policy."

    Thirteen states already have medical marijuana laws which effectively protect qualifying patients from arrest and help them safely access marijuana. Michigan became the most recent last year when 63 percent of voters passed its medical marijuana law by ballot initiative. Of the 11 states that have collected such data, not one has seen youth marijuana use rates increase after establishing a medical marijuana law. In fact, each of those states, including California, has actually seen youth marijuana rates decline, in some cases dramatically.

###

In The Trenches

Press Release: Hundreds Rally at Governor's NYC Office, Demand End of Rockefeller Drug Laws

CONTACT:

Drop the Rock, Caitlin Dunklee: 646.269.7344

New York Civil Liberties Union: Jennifer Carnig, 212.607.3363

Drug Policy Alliance: Tony Newman, 646.335.5384

Hundreds Rally at Governor’s NYC Office, Demand End of Rockefeller Drug Laws

March 25, 2009 – Hundreds of New Yorkers rallied today in front of Gov. David Paterson’s Manhattan office, urging the governor and legislative leaders to enact a sweeping overhaul of the Rockefeller Drug Laws, the state’s infamous mandatory-minimum drug sentencing scheme.

Speakers – including hip hop mogul and reform advocate Russell Simmons and the Rev. Calvin Butts of Abyssinian Baptist Church – called on lawmakers to seize this historic opportunity to end the unjust and ineffective laws.

“New York’s drug sentencing laws are the Jim Crow Laws of the 21st Century,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “The Rockefeller Drug Laws have failed by every measure. They tear apart families, waste tax dollars and create shocking racial disparities. Governor Paterson and our legislative leaders must finally put an end to this endless cycle of failure and injustice.”

Enacted in 1973, the Rockefeller laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Though intended to target drug kingpins, most of the people incarcerated are convicted of low-level offenses. Many of the thousands of New Yorkers in prison under the Rockefeller laws suffer from substance abuse problems; many others struggle with issues related to homelessness, mental illness or unemployment. About 90 percent are black or Latino even though most people who use and sell drugs are white.

“Today we stand at the doorstep of change, and we call on the governor, the state assembly leader and the senate majority leader to fulfill their promise to make that change to end the Rockefeller Drug Laws once and for all,” Simmons said. “We have all been working hard for too many years to not restore full judicial discretion and give judges the option to send people with addictions to treatment rather than prison. The hip-hop community will continue to seek the change that we all know is right.”

Despite modest reforms in 2004 and 2005, the state’s drug sentencing scheme remains intact. These laws deny judges the authority to place people suffering from addiction, mental health issues and homelessness into treatment programs.

“For 36 years, New York State has wasted billions of taxpayer dollars by allowing the racist Rockefeller Drug Laws to serve as a stimulus package for rural upstate prison communities,” said Glenn Martin, vice president of The Fortune Society. “No longer can we continue to lock up drug addicted people from poor urban communities, simply because policy makers lack a vision for upstate economic development.”

In 2002, Paterson, then a state senator, was arrested in an act of civil disobedience promoting the sweeping overhaul of the Rockefeller Drug Laws outside of the New York City offices of then-Governor George Pataki.

“Seven years ago, David Paterson, then a State Senator from Harlem, was handcuffed in an act of civil disobedience aimed at pressing Governor Pataki to end the Rockefeller Drug Laws.  Five years ago, as Senate Minority Leader, he proposed sweeping changes to the harsh statutes” says Caitlin Dunklee, coordinator of the Drop the Rock Campaign. “Now, as Governor, his constituents are rallying to urge him to exercise the leadership he was once known for.”

“We are here to remind Governor Paterson of his past promises and to urge him to return to his better political self,” state Robert Gangi, executive director of the Correctional Association.  “His record tells us that he’s fully aware of these laws’ harsh effects, that they are wasteful, ineffective, and marked by a stark racial bias.  It is time for him as governor to exercise leadership in removing the stain of these notorious statutes from New York’s penal code.”

“In 2002, Gov. Paterson stood by my side as a senator from Harlem New York and spoke bravely about changing the laws that heavily affected his constituency,” said Anthony Papa of the Drug Policy Alliance and former prisoner under the Rockefeller Drug Laws. “Now as governor he has the power to transform those words into action that will finally achieve meaningful reform.”

“For 36 years, the Rockefeller Drug Laws have filled our prisons, emptied the taxpayer’s pockets and have had no effect whatsoever on New York State’s drug use, especially in communities of color, except to turn young people into recidivist felons,” said George Bethos, leader of NYC AIDS Housing Network & Voices Of Community Advocates And Leaders (VOCAL). “Repeal these laws immediately or have society continue to pay the price.”

“We want to see the hundreds of millions of dollars wasted each year on criminalizing chemical dependency in poor urban areas reinvested in those very same communities targeted by these laws,” said Kym Clark, director of FREE! Families Rally for Emancipation and Empowerment. “We need livable wage jobs, educational resources, and access to health care, for starters.”

xxx

In The Trenches

Press Release: Medical Marijuana Passes House Public Safety Policy & Oversight Committee, 9-6

Minnesota Cares logo

FOR IMMEDIATE RELEASE   
MARCH 24, 2009

Medical Marijuana Passes House Public Safety Policy & Oversight Committee, 9-6

CONTACT: Former Rep. Chris DeLaForest (R-Andover)........................................................(763) 439-1178

ST. PAUL, MINNESOTA -- The House Public Safety Policy and Oversight Committee passed the House version of Minnesota's medical marijuana bill, H.F. 292, today by a vote of  9 to 6. The vote is the latest in a string of solid committee wins for the House and Senate versions of the popular measure.

     Norm Stamper, former chief of police for the city Seattle, testified in favor of the bill. "As Seattle's police chief, I had real-world experience dealing with Washington's medical marijuana law, and can say from first-hand knowledge that medical marijuana is not a problem for law enforcement," Stamper said. "The Minnesota bill has solid safeguards built into it, and the problems being speculated about by some opponents simply do not reflect reality."

     Laws protecting patients from arrest and jail for using medical marijuana with their doctor's recommendation are in effect in Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. Michigan's is the most recently enacted, passing with a record-setting 63 percent "yes" vote last November.

     Organizations that have recognized marijuana's medical uses include the American College of Physicians, American Nurses Association, American Public Health Association, American Academy of HIV Medicine and the Leukemia and Lymphoma Society, among others.
   

####

In The Trenches

Sobin "Behind the Wall" 14

Dear Friends, During the months he has spent in jail (which will soon come to an end) our Director Dennis Sobin has completed the second book he set out to write at the beginning of his incarceration. Dennis was incarcerated for going to D.C. City Hall (by invitation) to testify at a public hearing in defiance of an unconstitutional court order that his son (an Assistant District Attorney General that works in City Hall) had placed against him. The case is in appeal and being reviewed (many thanks to James Butler Esq., the ACLU and the legal team from Georgetown). The first book Dennis completed in jail is entitled "Outsider Art On The Inside: Understanding and Helping Imprisoned Artists." It is being type-set and prepared for publication and will soon be available at the Prisons Foundation website: (www.prisonsfoundation.org). Dennis' second book, "From Prison to the Kennedy Center: Starting Over at the Top" profiles many individuals and organizations. Dennis also discusses encounters with the legal system and notable activists, artists, convicts and individuals he has met over the last forty years of his activism including: Bobby Kennedy, Martin Luther King Jr. and ex prisoner philanthropist Lloyd S. Rubin among many others. Below are the final paragraphs from this book: Midway through the 66th year of my life, while still in jail, a dream came true when I was visited and interviewed by a feature writer for the prominent national Music magazine "Spin." Many established artists would kill to get into this popular and influential publication, much less go to jail for it. After writer David Peisner and I discussed my musical and Foundation goals and accomplishments, I mentioned my political plans. David asked, "Do you think you'd have much of a chance of making an impact since you don't have clean hands?" David knows about the false allegations and relentless persecution in Florida that earlier resulted in ten years of imprisonment, and the tricks my son and sister pulled to re-incarcerate me on my return (after asking them for an accounting of my inheritance and personal savings). I answered, "To me, clean hands are empty hands.....mine are experienced hands." David already knew they were musical ones, having listened to my numerous CD's that I had recorded both inside and outside the underbelly of society: prison. About that underbelly, our political leaders would do well to spend some time there. Perhaps not a lengthy amount as I have done, but at least some period. They would then see the results of the mindless laws, mistake-prone judges and socially insulated and politically motivated members of the establishment's "lock em up" crowd. And they would understand the words of the sad but wise ex con I met in 1965 that helped shape my life: "Injustice anywhere is a threat to justice everywhere." -Martin Luther King Jr. "Letter from Birmingham jail." Yours for justice, Dennis Sobin #206757 C.T.F. D-3B #10 1901 E Street SE Washington, D.C. 20003 A CALL FOR SUPPORT: The Prisons Foundation is a 501(c)(3) nonprofit organization based in Washington, DC that promotes the arts and education in prison and alternatives to incarceration. We are now accepting tax deductable donations. The support of our supporters, quite bluntly, is what keeps us going. Please consider making a tax deductible donation to the Prisons Foundation so that we may continue to promote the arts in prison and help encourage the wonderful atistic talent we cultivate everyday: *Note the views in this letter are those of Dennis Sobin. Please send your comments directly to him
In The Trenches

Obama ends federal raids on medical marijuana!

Dear Friends:

We're in a new era.

Last week, Attorney General Eric Holder announced that the federal government will now defer to state governments on medical marijuana — a 180-degree reversal of the Bush administration's anti-democratic policies.

The impact was immediate. On the day of Holder's announcement, New Mexico announced that it had issued the first license that any state government has ever issued to a medical marijuana producer in any state. That first nonprofit provider will be able to grow and sell medical marijuana to card-carrying patients without being harassed or raided by local, state, or federal law enforcement officials.

Additionally:

  • Rhode Island is poised to expand its existing medical marijuana law to allow for three nonprofits to dispense medical marijuana to registered patients.
  • This November, Maine voters will consider a ballot initiative similar to what Rhode Island envisions. MPP's polling shows the initiative is supported by 66% of likely voters.
  • The Illinois, Iowa and Minnesota legislatures are debating bills to create new medical marijuana laws that allow for licensed dispensing from day one.
  • In Arizona, MPP's campaign committee will be placing a similar proposal on the statewide ballot in November 2010. That initiative is supported by 65% of likely voters.
  • In California, medical marijuana is dispensed at approximately 400 collectives that are generating approximately $100 million annually in state tax revenues. They operate under a state law that allows their activity but doesn't provide for state licensing. With federal policy improved and clarified, we expect the California Legislature to pass legislation similar to our Arizona proposal.

To fully appreciate the changes we're seeing, compare the Obama administration's policy to the Bush administration's policy. In the fall of 2001, after executing the first of what would be dozens of medical marijuana dispensary raids over eight years, a spokesperson for Bush's Justice Department said, "The recent enforcement is indicative that we have not lost our priorities in other areas since September 11. The attorney general and the administration have been very clear: we will be aggressive."

As the World Trade Center was still literally smoldering and our country was about to launch two foreign wars, the Bush administration was crowing about how it was arresting medical marijuana patients. That policy was not only cruel, but stupid. Good riddance.

Now that the Obama administration has taken the Drug Enforcement Administration out of the business of busting pharmacy-like establishments, MPP will be lobbying the federal government to also do the following:

  • Congress should remove the federal ban on the District of Columbia enacting a local medical marijuana law. In November 1998, 69% of D.C. voters passed a medical marijuana ballot initiative, but every year since then Congress has attached a rider to its D.C. spending bill that prevents this law from taking effect. Even former Republican Congressman Bob Barr, the author of the federal ban, now supports lifting it — and has lobbied on MPP's behalf to do exactly that.
  • The DEA should stop preventing the University of Massachusetts from growing medical marijuana for research purposes. A privately grown, regulated supply of marijuana is a prerequisite to getting marijuana approved by the Food and Drug Administration as a prescription medicine.
  • The Obama administration should reopen the existing federal program that currently provides medical marijuana to only three patients nationwide but that was closed to new enrollment in 1992. This could be a huge boon to patients in states without medical marijuana laws.

As you can see, it's an exciting time, with some of the best possibilities for change that I've seen since I cofounded MPP 14 years ago. But we're 100% dependent on supporters like you to help us fund our lobbying efforts ... so would you please help us take advantage of this newly receptive political atmosphere by making the most generous donation you can afford today?  I personally appreciate anything you can give to help our work.

Thank you,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.

In The Trenches

There are no victories in the war on drugs, only victims

There are no victories in the war on drugs, only victims.
 

There's a war going on, adding more victims each day. Stories such as these, representing less than one-month's-worth of drug war abuses, are still far too common:

Donate Now!

1.

An estimated 6,290 drug-related murders occurred last year in Mexico, six times the standard definition of a civil war, according to a leading scholar at the Brookings Institution.

2.

Within 24 hours, the president and the army-chief-of-staff of Guinea-Bissau, a small country in Africa, lost their lives following violent explosions linked to the drug trade.

3.

Engaged in a "battle against drug trafficking" along a busy highway connecting Houston with Louisiana, police in Tehana, Texas have been increasing city coffers by seizing cash from black motorists - including a grandmother and an interracial couple - without charging them with a crime.

stacks o cash

4.

Two executives with the Mutual Benefits insurance company have been charged with orchestrating a billion dollar Ponzi scheme that allowed narcotics traffickers to purchase life insurance policies payable upon the deaths of people with AIDS and other fatal diseases.

5.

After a disabled Colorado medical marijuana patient was busted for growing a couple of marijuana plants, police checked county records, found that he had paid off his mortgage with accident settlement money, and started forfeiture proceedings against him, profiting their agency while seizing his home.

swat team pic

6.

After learning of vandalism and several thefts in a Baltimore neighborhood, about two dozen SWAT officers, wearing all black with guns drawn, raided a nearby mobile home belonging to a computer analyst with no criminal record; they handcuffed his wife and shot his dog near his bed.

7.

Suspicious of drug sales, an Ontario, Canada, high school vice principal took away a student's cell phone, deleted its numbers, summoned the holders of the numbers to his office, and forced them to confess to drug trafficking.

8.

A farm purchased and operated by widows from Colombia's civil war was decimated by the chemical defoliant spray used by U.S. contractors to kill coca plants on 2.6 million acres of Colombian land at the cost of a half billion dollars.

Angry Yet?

There are actions that you can take to end this failed and costly drug prohibition. Here are several suggestions:

newspaper

a.

Write a letter. Articles about each of these atrocities (see references below) can be found in our DrugNews Archive, http://www.drugnews.org. Each article contains an e-mail address or web link to directly contact the source publication. It's "point and click" access to editors and Websites that want to hear what you think.

b.

Join local, state or federal groups working on drug policy reform here and around the world. Our Drug Policy Central provides web services to more than 120 drug policy focused organizations. Check out http://www.drugpolicycentral.com/hosting/clients.htm for a group in your area.

c.

Hate the drug war, but can't locate a group near you? Join DrugSense at http://www.drugsense.org to find and network with thousands of like-minded people.

scales of justice

d.

DONATE. We're able to get the word out about the incredible harms of the drug war and alternatives to prohibition because people like you DONATE. It's quick, easy, and secure. Just visit http://www.drugsense.org/donate.

Help stop this war on our personal rights and freedoms.

Get involved. Write. Join. Donate.


Mark Greer
Executive Director

DrugSense is a 501(c)(3) educational non-profit organization. Your donations are tax deductible to the extent provided by law.

References to the articles about the drug war victims described above:

(1) Mexico. http://www.mapinc.org/drugnews/v09/n297/a02.html

(2) Guinea-Bissau, Africa.
http://www.mapinc.org/drugnews/v09/n294/a06.html

(3) Tenaha, Texas. http://www.mapinc.org/drugnews/v09/n293/a04.html

(4) Ft. Lauderdale, Florida.
http://www.mapinc.org/drugnews/v09/n291/a10.html

Donate Now!

(5) Denver, Colorado. http://www.mapinc.org/drugnews/v09/n272/a04.html

(6) Baltimore, Maryland.
http://www.mapinc.org/drugnews/v09/n246/a07.html

(7) Peterborough, Ontario.
http://www.mapinc.org/drugnews/v09/n259/a04.html

(8) Colombia.
http://www.mapinc.org/drugnews/v09/n262/a03.html

Convinced? DONATE NOW to help us stop the War on Drugs. http://www.drugsense.org/donate


14252 Culver Drive #328 Irvine, CA, 92604-0326   (800) 266-5759

In The Trenches

Cato Policy Forum: Drug Decriminalization in Portugal, 4/3/09

Cato Institute

The Cato Institute cordially invites you to a policy forum

Drug Decriminalization in Portugal

featuring
Glenn Greenwald
  Attorney and Best-selling Author

with comments from
Peter Reuter
Department of Criminology, University of Maryland

moderated by
Tim Lynch
Director, Project on Criminal Justice, Cato Institute

In 2001, Portugal began a remarkable policy experiment, decriminalizing all drugs, including cocaine and heroin. Some predicted disastrous results—that drug addiction rates would soar and the country would become a haven for "drug tourists." Now that several years have passed, policy experts can study the results. In a new paper for the Cato Institute, attorney and author Glenn Greenwald closely examines the Portugal experiment and concludes that the doomsayers were wrong. There is now a widespread consensus in Portugal that decriminalization has been a success. The debate in Portugal has shifted rather dramatically to minor adjustments in the existing arrangement. There is no real debate about whether drugs should once again be criminalized. Join us for a discussion about Glenn Greenwald's field research in Portugal and what lessons his findings may hold for drug policies in other countries.


Friday, April 3, 2009

12:00 p.m.
(Luncheon to Follow)

Cato Policy Forums and luncheons are free of charge.
To register, visit www.cato.org, fax (202) 371-0841,
or call (202) 789-5229 by 12:00 p.m. Thursday, April 2.
News media inquiries only (no registrations), please call (202) 789-5200.
If you can’t make it to the Cato Institute, watch this Forum live online at www.cato.org.