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Ryan Frederick Trial Goes to the Jury

We should be seeing a verdict soon in the case of Ryan Frederick, the Virginia man who was charged with murder for killing a police officer who he mistook for a burglar during a questionable drug raid.

The jury failed to return a verdict on Tuesday and will continue deliberating Wednesday. Having followed the case closely, I’m pretty worked up about it and I’ll be glued to the computer until this gets resolved. A guilty verdict would not only send an innocent man to prison, but would provide a symbolic victory for the worst aspects of drug war policing, those that created this tragedy in the first place.

Beyond all that, the trial itself has been a grand injustice, really just a classic railroading that brought out the worst of the worst as far as drug war prosecutorial tactics are concerned. Ryan Frederick is simply not the man the prosecution made him out to be, not on any level whatsoever. In one familiar example, prosecutor Paul Ebert used testimony from a "marijuana expert" to grossly exaggerate the capacity of Frederick’s personal marijuana garden:

Meinhart says 1 plant produces 1 pound of salable marijuana. 1 pound is 16 ounces, and at $400.00 per ounce is $6400.00 times 10 plants is $64000.00. [Tidewater Liberty]

Yet, as Radley Balko points out, Frederick had a not-so-great job getting up at 4 a.m. to deliver sodas. He didn’t have $64,000. Police only found 12 grams of marijuana in the raid. All of this is just pure garbage, the same bogus story recycled over and over again in every marijuana trial. But it’s particularly insidious in this case, since the goal is not only to convict Frederick of a marijuana offense, but to destroy his image before the jury and nail him on a false murder charge.

Please join me in keeping your fingers crossed that Frederick will be set free.
Blog

Medical Marijuana Raids Continue, Time for Action from Obama

Looks like DEA is trying to force a showdown with the new administration:

Washington, DC -- On the day that Eric Holder was sworn in as the next U.S. Attorney General, the Drug Enforcement Administration (DEA) conducted raids on multiple medical marijuana dispensaries in Los Angeles. No arrests were made, but typical of such raids, money and medical marijuana were seized from the facility. [Americans for Safe Access]

Despite President Obama’s campaign trail promises to end the DEA’s controversial attacks against state medical marijuana laws, the raids have continued under the leadership of Bush officials who have yet to be removed from office. It’s a disgraceful last minute effort to politicize the issue as the new attorney general takes office.

This is really a wicked strategy if you think about. The reality is that they simply have nothing to lose. Obama has already pledged to end these raids, so the folks who enjoy doing them are afraid they’ll be told to stop any day now. Clearly, they won’t stop until explicitly told to do so.

If DEA hopes to mount a defense of their tactics and try to persuade Obama to reverse his position, continuing the raids is their only apparent option. As ugly and unpopular as these activities have become, they must be continued in order to maintain the viability of their argument that the raids are important. After all, how important could the raids be if you aren’t even doing them?

I imagine the new president is thoroughly annoyed by all of this, as he’s hoping not to make headlines with his marijuana policy. Alas, neither the DEA nor the marijuana reform community intends to make that particularly easy for him. My assumption has generally been that Obama would quietly make the raids go away and we’d begin celebrating at an arbitrary point when it became clear that things were different. If DEA had been willing to accept that fate, things may well have played out that way.

Unfortunately, these maniacs won’t go quietly. So let’s spell it out for the new administration: You have to stop them. That’s exactly what you promised to do on the campaign trail and it clearly didn’t bite you at the ballot box. Fix this now.
Blog

Joe Biden's Drug Policy Record -- a Review

Blogger Lee Rosenberg has authored a six-part series on Joe Biden's role in the drug war, a pretty important topic. While Biden's views on drug policy have certainly improved in recent years, we don't really know how much they have changed, and the history is a pretty bad one. Rosenberg therefore concludes with the $60,000 question (if $60,000 isn't too quaint a number by now):
Unlike his experience in foreign policy and his knowledge of the Middle East (which I’m often impressed by), Joe Biden’s history as a drug warrior likely wasn’t a factor in him becoming Vice President. But as he sets out to play a very critical role in advising a President who might be scrutinized like no other, will he be a continual stumbling block for the reform we desperately need on this front? Will he be the devil on Barack Obama’s shoulder about the drug war in the same way that Dick Cheney was the devil on George Bush’s shoulder about the war on terror?
Only time will tell...
In The Trenches

Press Release: NY Sentencing Commission Releases Report to Governor on Rockefeller Drug Laws and Criminal Justice

For Immediate Release: February 3, 2009 For More Info: Tony Newman at (646) 335-5384 or Gabriel Sayegh at (646) 335-2264 New York Sentencing Commission Releases Report on Rockefeller Drug Laws and Criminal Justice Commission Caves to Prosecutors, Issuing Report That Fails to Address Real Reforms to Draconian Laws, Does Not Restore Judicial Discretion, Maintains Failed Criminal Justice Approach to Drug Policy Advocates Applaud Speaker Silver and the Assembly for Slamming Report and Reaffirming Commitment to Reforming Drug Laws by Advancing a Public Health Approach The Sentencing Commission, established in 2007 by then-Gov. Eliot Spitzer, was tasked with reforming New York's convoluted and complex sentencing system. The Commission's report of recommendations was released today to Governor Paterson. Advocates were dismayed to see that the report did not include any substantive recommendations for reforming the Rockefeller Drug Laws, despite previous claims that the laws were a top priority. "True overhaul of the Rockefeller Drug Laws requires the restoration of judicial discretion in all drug cases, the expansion of alternative-to-incarceration programs, reductions in the length of sentences for all drug offenses, and retroactive sentencing relief for all prisoners currently incarcerated under the Rockefeller Drug Laws," said Gabriel Sayegh of the Drug Policy Alliance. "The Commission caved to the District Attorney's Association, which has a vested interest in maintaining this failed criminal justice approach to drug policy and addiction." Enacted in 1973, the Rockefeller Drug Laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Supposedly intended to target major dealers (kingpins), most of the people incarcerated under these laws are convicted of low-level, nonviolent offenses, and many of them have no prior criminal record. Despite modest reforms in 2004 and 2005, the Rockefeller Drug Laws continue to deny people serving under the more punitive sentences to apply for shorter terms, and do not increase the power of judges to place addicts into treatment programs. Nearly 14,000 people are locked up for drug offenses in New York State prisons, representing nearly 22 percent of the prison population, costing New Yorkers hundreds of millions of dollars every year. After the reforms of 2004, there were more people sent to prison under Rockefeller Drug Law offenses than in previous years. Advocates are not alone in their frustration with the Commission's lackluster proposals. Earlier today, Speaker Sheldon Silver released a letter and fact sheet outlining his opposition to the Commission's report. The Speaker notes that the report "ignores" how the failed laws have led to horrific racial disparities in incarceration rates for drug offenses in New York-over 90% of those incarcerated are Black and Latino, even though white and people of color use drugs at approximately equal rates. The Speaker goes on to criticize the report for maintaining mandatory minimum sentences and failing to include retroactive sentencing relief for people currently incarcerated. The Speaker issued his first major policy paper two weeks ago, focused on reforming the Rockefeller Drug Laws (http://assembly.state.ny.us/ssspolicy/Rockefeller.pdf). "Without including key elements of real reform-many of which are outlined by the Speaker in his letter-the report is a taxpayer-funded paperweight," said Sayegh. "Just two weeks ago, the Governor's office, the Speaker and members of the Assembly, numerous State Senators, members of the New York City Council and hundreds of doctors, lawyers, advocates, people in recovery, drug treatment specialists, criminal justice experts and more gathered at the New York Academy of Medicine to develop a public health approach to drug policy (www.newdirectionsnewyork.org). Perhaps the Commission doesn't realize that in addition to the Assembly leading a charge for reform, we have a new President, a new Governor, a new State Senate, and a tidal wave of advocates and community members all calling for a new direction in our drug policies." "My son did not benefit from the so-called reforms of 2004," said Cheri O'Donoghue, who's son, Ashley, was incarcerated for 7 - 21 years on a first-time, nonviolent offense. "When do families like ours finally get justice? The Commission's mandate was clear, and they failed to meet it. The status quo has failed, and we need comprehensive reform."
In The Trenches

Press Release: Vermont Lawmakers to Consider Bill to Make Small Marijuana Possession a Civil Penalty

FOR IMMEDIATE RELEASE   
FEBRUARY 3, 2009

Vermont Lawmakers to Consider Bill to Make Small Marijuana Possession a Civil Penalty

Recent Poll Shows 63 Percent Support for Modest Reform; Plurality of Vermonters Would Go Further, End Marijuana Prohibition Completely

CONTACT: Nancy Lynch, Vermont Alliance for Intelligent Drug Laws (VALID), 802-279-2486

MONTPELIER, Vt. — A bill to replace criminal penalties for personal possession of small amounts of marijuana with a simple fine was introduced in the statehouse today, coming on the heels of a recent poll showing overwhelming support among Vermonters for the reform.

    H. 150, sponsored by Rep. David Zuckerman (P-Burlington) and 18 other representatives, would end the arrest of adults caught with an ounce or less of marijuana, instead treating the infraction as a civil violation punishable by a $100 fine. Zuckerman said that under the bill, marijuana possession would still be illegal, but the punishment would more reasonably match the violation. He said the reform would also save tax dollars and law enforcement resources that would otherwise be wasted arresting those with small amounts of marijuana.

    "There is no reason an otherwise responsible adult should face the life-altering consequences of a criminal arrest for what amounts to a minor indiscretion," Zuckerman said. "This modest reform will allow our police to quickly deal with these situations so that everybody can move on to more important matters."

    According to a Mason-Dixon poll of 625 Vermont voters commissioned by the Marijuana Policy Project in Washington, D.C., and conducted by phone Jan. 9 and 10, 63 percent of respondents supported "a change in the law to provide for a $100 civil fine without jail time for those who possess an ounce or less of marijuana for personal use." This past Election Day, Massachusetts voters passed a law similar to the one introduced in Vermont today with 65 percent of the vote.

    The poll, which has a margin for error of plus or minus 4 percent, suggests that a plurality of Vermont voters would actually go much further in reforming the state's marijuana laws. Forty-nine percent of the respondents said they would favor "making marijuana legal for adults over 21, and regulating it similarly to alcohol," while only 37 percent said they would oppose the idea.

    "This poll supports what we've known all along," said Nancy Lynch, executive director for VALID. "Vermonters don't want to see people ensnared in our criminal justice system for possessing a small amount of marijuana, and they see decriminalizing these violations as a modest, uncontroversial solution. Our representatives should take note – passing this bill quickly is not only responsible, it's politically popular."

    If the bill passes, Vermont would become the 13th state to decriminalize small marijuana possession. According to government figures, marijuana use rates in decriminalized states are indistinguishable from those in states that arrest those caught with small amounts of marijuana.

###

In The Trenches

Stop Bush's war on public health!


Tell Obama to stop Bush's war on public health!

http://ssdp.org/publichealth

Dear Friends,

George W. Bush may be relaxing at his ranch in Texas, but many of his friends are still waging a war on public health at home and abroad.

Believe it or not, the day after President Obama took his oath of office, Bush-appointed cops raided a medical marijuana collective in California, despite our new president's pledge to end those cruel attacks on patients!

And right now, U.S. delegates to the United Nations are stonewalling efforts to include life-saving, harm reduction measures in the new global drug strategy, even though Obama publicly supports those measures. (This includes needle exchange programs, which have been proven to drastically reduce the spread of HIV/AIDS.)

If successful, these remnants of the Bush administration could set global drug policy back ten years, since this strategy will not be reviewed again until 2019!  And we risk further alienating our European and Latin American allies who strongly support the inclusion of harm reduction in this new global drug strategy.

Clearly, our delegates need to fall in line with the new administration or lose their jobs. But the President has a lot on his plate right now. And that's why he needs to hear from Americans like you who want to see an immediate change in drug policy.

Please take a moment to send a letter to the President and Secretary of State Clinton urging them to order our U.N. delegates to advocate for public health instead of "zero tolerance" policies. The letter is pre-written for you, but you can edit it if you like:
http://www.ssdp.org/publichealth

Students for Sensible Drug Policy was one of 25 North American organizations to participate in a global forum last year that resulted in the formulation of recommendations that embraced harm reduction and recognized the fundamental human rights of drug users. We won't let our voices be silenced because of a few of rogue Bush administration appointees who are blatantly ignoring the will of the current administration. 

Fortunately, we're not the only ones who are concerned about this. Just today, the New York Times published
an editorial criticizing our delegates' opposition to harm reduction.
And a few days ago, Congressman Henry Waxman (D - CA) and others sent a letter to U.N. Ambassador Susan Rice, warning against "crafting a U.N. declaration that is at odds with our own national policies and interests… as we needlessly alienate our nation's allies in Europe."

If they can send a letter, so can we.
http://www.ssdp.org/publichealth 

Sincerely,

Kris Krane, Executive Director
Students for Sensible Drug Policy

P.S. After you've sent the letter to Obama and Clinton, check out SSDP's Obama Drug Policy Action Center for more info on how you can help influence drug policy in the new administration:
http://www.ssdp.org/obama

P.P.S. Like the work SSDP is doing to influence President Obama and the United Nations to change drug policy? If so, please let us know by making a donation today. http://www.ssdp.org/donate

In The Trenches

Press Release: CA Student Survey -- MJ Use Stable, RX Abuse High

For Immediate Release: Jan 30, 2009 CALIFORNIA SURVEY SHOWS STUDENT MARIJUANA USE STABLE, PRESCRIPTION DRUG USE HIGH The newly released biennial Attorney General's Survey of Student Drug Use in California shows that marijuana use among 7th. 9th and 11th graders remained stable during 2007-8, but reports an "alarming rate" of prescription drug abuse. "The survey confirms that California's medical marijuana law has had no adverse impact on youth marijuana use," comments California NORML coordinator Dale Gieringer. "At the same time, it shows that youth prescription drug use has been seriously underestimated in the past." Marijuana use been declining to stable ever since passage of California's medical marijuana law in 1996. For a graph, see http://www.canorml.org/prop/studentMJuse.html. According to the latest report, "Since 2003, use in the past six months has remained stable at 7% in 7th grade, 20% in 9th and 31% in 11th grade." "The most significant but disturbing overall finding of the 12th biennial survey is - because of underassessment of recreational use of prescription and over-the-counter drugs - we have previously underestimated actual levels of youth substance use. New data shows that 37 percent of 9th and 50 percent of 11th graders used either an illicit/illegal drug or a diverted prescription drug to get high at least once in their lifetime. Taking this into consideration, total lifetime use of alcohol and other drugs (AOD) use is estimated at 52 percent and 69 percent respectively. Including use of cold/cough medicines to get high, lifetime AOD 9th- grade use rises to 60 percent and 11th- grade use to 74 percent." http://safestate.org/index.cfm?navId=254 CALIFORNIA STUDENT SURVEY (CSS) 12TH BIENNIAL CALIFORNIA STUDENT SURVEY, 2007-08 Welcome to the 12th biennial California Student Survey (CSS) that was conducted during the 2007-08 school year by the Crime and Violence Prevention Center, California Attorney General's Office. This statewide biennial research continues the important work, which started in 1985, of collecting substance use data from the students themselves. Participating in the 12th CSS were 13,930 students from 115 public middle and high schools. From the reported data, the preliminary findings indicate three major trends of the 2007-08 CSS: (1) Prescription drug use by California youth is occurring at an alarming rate. (2) First-time data collected on the use of over-the-counter drugs indicate many teens are taking them to get "high." (3) Heavy users of illicit substances are still a significant group in California, a trend noted as early as the 1999 CSS. The most significant but disturbing overall finding of the 12th biennial survey is - because of underassessment of recreational use of prescription and over-the-counter drugs - we have previously underestimated actual levels of youth substance use. New data shows that 37 percent of 9th and 50 percent of 11th graders used either an illicit/illegal drug or a diverted prescription drug to get high at least once in their lifetime. Taking this into consideration, total lifetime use of alcohol and other drugs (AOD) use is estimated at 52 percent and 69 percent respectively. Including use of cold/cough medicines to get high, lifetime AOD 9th- grade use rises to 60 percent and 11th- grade use to 74 percent. The preliminary 2007-08 findings support a couple of conclusions reached in our 2005 CSS report: Prevention efforts may be "bottoming-out" and further reductions in overall prevalence may be more difficult to achieve; also, there should be specific intervention aimed at youth who are at risk of heavy and problematic substance use. Download: 12th biennial California Student Survey's Report of Highlights 12th biennial California Student Survey's Compendium of Tables 12th biennial CSS - Current Substance Use Among California Secondary Students - PowerPoint Presentation Excerpt from report at http://safestate.org/documents/CSS_12th_Highlights_Report.pdf Marijuana As shown in Figure 3, among 7th grade students there is relatively little difference between lifetime, six- month and 30-day prevalence of marijuana use (9%, 7% and 7%, respectively), reflecting that many 12- and 13-year-olds had tried marijuana only recently. Predictably, lifetime use increases dramatically to 25% in 9th grade and 42% in 11th, while differences between lifetime and current use rates widen. Current rates, in past 30 days, were 15% in 9th and 24% in 11th, about 60% of lifetime use in both grades. Since 2003, use in the past six months has remained stable at 7% in 7th grade, 20% in 9tand 31% in 11th. (Tables 2.2, 2.6-2.9, & 2.13) -- Dale Gieringer - [email protected] California NORML, 2215-R Market St. #278, San Francisco CA 94114 -(415) 563- 5858 - www.canorml.org
Event

Coalition for Medical Marijuana--New Jersey, Inc. Monthly Public Meeting

Monthly Public Meeting Agenda

Lawrence Township Library

Tuesday, February 10, 2009; 7:00 PM – 9:00 PM

7:00 PM:  Call meeting to order.  Approve minutes.  Discuss:

The vote by the entire NJ Senate on “The New Jersey Compassionate Use Medical Marijuana Act” (S119), as amended, is expected to take place between 2/23/09 and 3/31/09.  Contact your senator today to show your support.  If the bill passes in the senate, it will then go to the assembly.

Upcoming events:  National radio personality Chris Goldstein and CMMNJ will host a free, educational seminar on medical marijuana on Tues., 2/3/09 at 7:00 PM at the Willingboro Public Library, 220 Willingboro Parkway, Willingboro, NJ 08046 (609) 877-6668.     A second seminar is tentatively scheduled at Rutgers University/Camden Law School on 2/16/09.  Further info to follow.

The Times of Trenton published CMMNJ’s OPED, "Drug laws vs. medical science" 1/15/09.

The Nursing Spectrum, a widely read professional journal for nurses, interviewed the ED of CMMNJ and published the article, “The Great Debate: Medical Marijuana or Not?  Will New Jersey legislators pass a law in 2009?”  on 1/26/09.

 CMMNJ appeared on WIBG 1020 AM Talk Radio in Ocean City, NJ on 1/20/09 from 10AM to 11AM as guests of Dr. Bob Zlotnick on the “Hurley in the Morning” show.  A podcast of the live radio show is expected to be available soon.

Updates on Jackson, NJ Crohn’s patient Mike Miceli who was arrested for medical marijuana on 9/4/08, and Somerset County, NJ multiple sclerosis (MS) patient John Wilson who was arrested on 8/18/08 for medical marijuana.

CMMNJ has new photos, etc. on Facebook and Facebook Friends of CMMNJ.

Revised Michigan medical marijuana rules/regulations that CMMNJ commented on are due 1/30/09.

Americans for Safe Access (ASA) national conference call 1/28/09. 

Treasury report: Please consider a tax-deductible donation to CMMNJ, a 501(c)(3) organization.  Any amount is appreciated and 100% goes towards public education about medical marijuana.  CMMNJ is an all-volunteer organization—we are nothing without our volunteers!  Donations may be made securely through Paypal or checks made out to “CMMNJ” and sent to corporate headquarters at the address below.  Thank you for your support.

 

9:00 PM Adjourn meeting.

Next Meeting: March 10, 2009.  CMMNJ Meetings are held on the second Tuesday of the month at the Lawrence Twp. Library, from 7:00 PM until 9:00 PM.  All are welcome.  Snacks are served.  The library is located at 2751 Brunswick Pike, Lawrence Twp. (Tel. #609.882.9246).   (Meeting at the library does not imply their endorsement of our issue.)  For more info, contact:

Ken Wolski, RN, MPA
Executive Director, Coalition for Medical Marijuana--New Jersey, Inc.
www.cmmnj.org, 844 Spruce St., Trenton, NJ 08648,
(609) 394-2137 [email protected]

Blog

Support for Marijuana Legalization is Growing in America

A new CBS/NYT poll finds that 41% of Americans agree that marijuana use should be legalized. While legalization still fails to garner majority support, it’s clear that we’re headed in the right direction. Notice that only 27% supported legalization in 1979:

LEGALIZING MARIJUANA
Like 30 years ago, a majority of Americans do not think the use of marijuana should be made legal, but the percentage that thinks it should be has grown. Now, 41% of Americans support legalizing marijuana use, compared to just 27% who felt that way in 1979.

SHOULD MARIJUANA USE BE LEGALIZED?

CBS/NYT CBS/NYT
Now /1979
Yes 41% 27%
No  52% 69%

There is a huge generation gap on this issue. More adults under 45 (49%) approve of legalizing marijuana use than oppose (45%), while just 31% of adults over age 45 approve of it; six in 10 are opposed.  


The generation gap is particularly encouraging, confirming a popular theory among reformers that if we simply wait not-so-patiently, we’ll eventually win when our opposition literally drops dead.

These numbers reveal that we’re well within striking distance of achieving majority support for legalization. Moreover, we’re comfortably within the range in which meaningful reform to our marijuana laws will produce significant and vocal approval from the public. If there was ever a time when our political climate was fatally non-receptive to this idea, we have moved beyond that.

Keep in mind that the 41% result was arrived at without any particular political context. That’s just the number of people who generally walk around believing that marijuana should be legal. It’s possible to build that number significantly when the question is framed around an actual policy proposal, such as in Massachusetts where 65% of voters supported decriminalization. Because our arguments are strong, we benefit from the debate.

Legalization initiatives were unsuccessful in Nevada and Colorado in 2004, but I’d like to think that in the current change-focused political climate, it’s quite possible that similar measures would be victorious. For one thing, the departure of drug czar John Walters means we’re unlikely to face the same vicious opposition we’ve become accustomed to, as I simply do not envision Obama’s White House undertaking a regional propaganda scare-tour the next time we try something big.

The fact is that we’re moving in exactly the right direction, though not nearly as fast as any of us would prefer. We must be patient, so long as our patience doesn’t take the form of inaction. We’re entering a period of remarkable political opportunity for our cause.
Blog

The Bong Hit Heard Around the World

In case you missed it, Olympic badass Michael Phelps got photographed taking bong hits at a party and nothing will ever be the same. He’s really, really sorry about it and he urges the public to forgive him and stop taking pictures of him at parties.

Radley Balko says pretty much everything that there is to say about this, but let me add that if anyone has a problem with Michael Phelps smoking marijuana, you should look in the mirror and think about how badly you suck. I don’t care who you are, you will never be as good at anything as Michael Phelps is at swimming. He’s better than you.

For all I care, Michael Phelps can suck gravity bongs out of an Olympic swimming pool on international television with his 14 gold medals around his neck. If you’re waiting for him to sell his trophies for dope money, don’t hold your breath. Speaking of which, Michael Phelps can hold his breath longer than you.

Update: NORML's hilariously brilliant Russ Belville has this. I want it on a t-shirt.