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In The Trenches

Press Release: Hemp Foods Do Not Interfere with Drug Testing

FOR IMMEDIATE RELEASE: Monday, August 25, 2008 CONTACT: Tom Murphy at 207-542-4998 or [email protected], Adam Eidinger at 202-744-2671 or [email protected] Hemp Foods Do Not Interfere with Drug Testing HIA Clarifies Journal of Analytical Toxicology Report San Francisco, CA – The Hemp Industries Association (HIA) is pleased that the authors of a new report in the July/August 2008 issue of the Journal of Analytical Toxicology (JAT), titled ”?9-Tetrahydrocannabinol Content of Commercially Available Hemp Products” (2008, Vol. 32, pages 428-432), found that “the amount of THC present in commercially available [hemp] products is significantly less in products available today” and that eating hemp foods “should not be considered as a realistic cause for a positive urine analysis result.” The HIA does believe, however, that using August 1, 2001 would have been a better cut-off date for the test results than using April 21, 2003 when assessing progress made by the industry. The earlier date would have been better, as it represents the official start of the HIA’s TestPledge program. TestPledge is a hemp food industry self-regulation program that implemented trace THC standards which are lower (and thus more stringent) than the Health Canada protocol for THC. The earlier date is also prior to the DEA’s publication of the “Exemption from Control of Certain Industrial Products and Materials Derived from the Cannabis Plant” (Federal Register, Vol. 66, No. 195) on Tuesday, October 9, 2001. The TestPledge program alleviates concerns by consumers that eating hemp nut or hemp oil products may cause confirmed positive drug tests. TestPledge also dispels concerns regarding hemp oil body care products topically applied to the skin. TestPledge companies commit to implementing quality control measures which limit the amount of trace residual THC in hemp nut and oil, thus eliminating the risk of confirmed positive drug tests and any interference with workplace drug testing. The TestPledge program is based on a study of trace THC in hemp food products that was conducted by Leson Environmental Consulting of Berkeley, California. A study summary was published in July 2000 and is available on the TestPledge Web site at http://www.testpledge.com/answers.htm. The final study, titled “Evaluating the Impact of Hemp Food Consumption on Workplace Drug Tests,” was published in 2001 in the Journal of Analytical Toxicology (2001, Vol. 25, pages 691-698). Hemp foods are made from low-THC oilseed varieties of industrial hemp, most of which are grown in Canada and are on the Health Canada List of Approved Cultivars. Cannabis-flavored candies are made with Cannabis flower essential oil (CFEO), also known as hemp essential oil, which is obtained from steam distillation of the flowers and upper leaves of the Cannabis plant. CFEO should not be confused with hemp oil, also known as hemp seed oil, which is a vegetable oil that is derived from the seeds of low-THC varieties of industrial hemp. Members of the HIA pledge to conduct their business in the hemp industry within the HIA guidelines for ethical business practices, including accuracy in labeling. These business practices preclude the use of drug slang and other marketing gimmicks that may give the “impression of illegality for a rebellious younger generation.” To that end, the HIA issued a Legal Advisory re: Hemp Essential Fragrance on February 24, 2004 and also formally advised its members on February 1, 2007 not to stock products made with CFEO. Such sales and marketing may result in public confusion concerning bona fide hemp seed and oil used in safe, healthy foods that are intentionally marketed so as to avoid having anything to do with drugs. # # #
In The Trenches

The Sentencing Project: Disenfranchisement News/Updates 8/22/08

Alabama: Moral Turpitude 'Vastly Inferior' The Press-Register featured an opinion editorial by former assistant attorney general David Bourne which blasted the ACLU Alabama's recent lawsuit advocating that citizens with felony convictions be allowed to vote. Bourne writes "The ACLU's lawsuit is nothing but a first step toward setting up polling places in prisons and jails. Our state cannot allow that to happen." He further argued that election officials would be faced with major inconveniences in deciding in which districts prisoners lived and having to spend "entire, 12-hour voting days within jailhouse walls." Calling Alabama's disenfranchisement laws "dysfunctional" and "vastly inferior," a commentary by Sam Brooke and Kimble Forrister featured in the Huntsville Times emphasizes the complex system that has confused many citizens with felony convictions seeking their right to vote. "How could such widespread mistakes occur? The short answer is that confusion over Alabama voting laws has long vexed citizens and state officials alike," the authors state. "We have a shameful history of voter disfranchisement, and conflicting statements from the attorney general and the Legislature haven't helped." The Legislature has identified disfranchising felonies, which include murder, rape, and forgery - named by the Constitution as crimes of moral turpitude. "Now, termination of voting rights occurs only for felonies involving 'moral turpitude,' an antiquated term that is not defined in the constitution ... It is absurd to require citizens who have never been deemed by the Legislature to be disfranchised in the first place to go through this process to exercise a right they never legally lost," the commentary continues. State law allows citizens with felony offenses and those currently serving terms for lesser felonies such as felony DUI, attempted burglary, battery, aiding and abetting escape and some drug possession offenses to vote. More than 5,500 people have had their voting rights restored under the new process, and 220 had requests pending at the end of July, the Montgomery Advertiser reported. Another 327 received pardons between the beginning of the year and the end of July. As a result, activist and head of The Ordinary People's Society, the Rev. Kenneth Glasgow, continues to educate people in jail and citizens with felony convictions on Alabama's voting rights laws, the Dothan Eagle reported. For additional coverage, see the Final Call . California: County Jail Inmates Educated About their Right to Vote in Upcoming Election All of Us or None, a national organizing campaign, educated people in county jail in Redwood City on their right to vote. Dwight Dominique, who was released from jail six months ago, is helping to let inmates know that they can vote in the upcoming election, the San Mateo Daily News reported. Dominique said he didn't realize he was surrendering his vote when he pled guilty to felony drug charges. "Had I known, it probably would have made a different effect on the plea bargain I took," said Dominique, who was hoping to participate in this year's presidential election. Indiana: Advocacy Organization to Recruit 500 Volunteers to Register Voters The Grassroots Effort Committee for Change hopes to unveil voting power by helping to register individuals with felony offenses. They are recruiting 500 volunteers to educate and register the population, Fort Wayne's Frost Illustrated reported. Florida: Committee Supports Restoration While Commission Continues to Experience Backlog The Florida Advisory Committee to the United States Commission on Civil Rights last week released its report on the restoration of voting rights for citizens with felony convictions, "Ex-Felon Voting Rights in Florida: Revised Rules of Executive Clemency that Automatically Restore Civil Rights to Level-1 Offenders Is the Right Policy." In the report, the Committee unanimously supports a policy change and recommends that succeeding Governors and cabinet officials continue to endorse and retain this policy, Market Watch reported. The organization is a bi-partisan advisory panel to the U.S. Commission on Civil Rights. The full report is available on the Commission's Web site. The issue of disenfranchisement was featured in a Florida Courier article that reported on the community's disappointment in the lack of diversity that exists on the Florida Parole Commission. Although the Commission has restored voting rights to about 115,000 people with non-violent offenses, the Commission still has thousands more applications to review. The article stated that the Commission processes about 7,000 cases a month; the prison system stated that about 3,000 individuals are released every month, leaving a minimum two-year waiting period for individuals currently on the list. Illinois: 'Myth' Misinforms Too Many A Journal Gazette Times Courier letter to the editor stated that the "myth" that formerly incarcerated persons cannot vote is misinforming many. Written by a citizen with a felony conviction who hopes to educate and register individuals like himself, Robert D. Donnell stated that county officials, too, don't know the state's laws, contributing to the misinformation. - - - - - - 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
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California Attorney General Tells Police to Uphold Medical Marijuana Laws

Ten years after the passage of Proposition 215, California Attorney General Jerry Brown has finally clarified that law-enforcement must respect the state’s medical marijuana law:

California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law.
…

The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law. [Americans for Safe Access]

While Prop. 215 has gone a long way towards protecting the medical marijuana community from harassment by state law-enforcement, there have been continuing regional problems such as unjustified confiscation of medicine. The new guidelines should remind police that their duty is to uphold the law, not circumvent it.
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Biden is a "Moderate" on Crime Issues?

The Chicago Tribune on Biden:


He has proven to be a reliable moderate on crime issues--particularly where narcotics are concerned--and was a principal author of the 1994 crime bill which sought to put 100,000 more police officers on the streets through a federal grant program. That bill also expanded the reach of the federal death penalty.


Um, Biden coined the term "drug czar" and created ONDCP, the propaganda wing of the federal drug war. He tried to one-up the Republican anti-drug plan by calling for larger foreign drug war investments. He authored the RAVE Act to allow federal prosecution of property owners who fail to successfully prevent drug use. He championed research into biological warfare techniques to eradicate South American drug cultivation, even after experts said it was way too dangerous to even consider. He was last seen proposing ridiculous drug war legislation only a month ago. Really, the list just goes on and on.

So no, Joe Biden is not a "moderate" when it comes to crime issues. His hard-line authoritarian record speaks for itself, runs out of breath, and then speaks for itself some more. To call him a "moderate" is just ignorant and wrong, to the point of utterly trivializing the word and conjuring a wretched spectacle of what it would take to earn a more fitting description of his extensive jail-mongering credentials.

I can only assume this profound mischaracterization of Biden's record was arrived at through the tired assumption that democrats are "soft" on crime, republicans are "tough," and therefore "moderates" are democrats who support harsh laws. Joe Biden is exactly the reason such stereotypes should be avoided by responsible journalists.

(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

In The Trenches

Press Release: CA Attorney General Directs Law Enforcement on Medical Marijuana

MEDIA RELEASE Americans for Safe Access For Immediate Release: August 25, 2008 CA Attorney General Directs Law Enforcement on Medical Marijuana / Comprehensive recommendations include protection of dispensaries Sacramento, CA -- California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law. Specifically, the Attorney General states that, "a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law." The guidelines are the culmination of years of work by Americans for Safe Access (ASA) and other advocates to educate and urge action from the Attorney General and other state officials. "Today we stand beside the Attorney General of California in his effort to fully implement the state's medical marijuana law," said ASA Chief Counsel Joe Elford. "We welcome this leadership and expect that compliance with these guidelines will result in fewer unnecessary arrests, citations and seizures of medicine from qualified patients and their primary caregivers." The guidelines not only provide direction for patients and police, but also for lawyers, judges and public officials to better understand their rights, responsibilities, and obligations under state law. The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law. Contained within the guidelines is a controversial provision requiring medical marijuana dispensaries to operate on a not-for-profit basis. This interpretation of the law comes from California's Medical Marijuana Program Act (SB 420), passed by the legislature in 2003. However, while the voter-approved initiative Proposition 215, the Compassionate Use Act, references the need for a distribution system, no mention is made of for-profit status. In prior discussions with the Attorney General's office, ASA had strenuously objected to this provision of the guidelines. The guidelines come at a time of escalating interference by the federal government. The federal Drug Enforcement Administration (DEA) and Department of Justice continue in their attempts to undermine state law through ongoing investigations, raids, seizures, prosecutions, and imprisonment of medical marijuana patients and providers. In response, several California mayors, including Gavin Newsom and Ron Dellums, have voiced their opposition to House Judiciary Chair John Conyers (D-MI) and have called for oversight hearings. "It is now up to Congress and the new President to align federal policy with California and other medical cannabis states," said ASA spokesperson Kris Hermes. "It is time to resolve the federal-state conflict that serves only to undermine California and other states' sovereignty and inflict harm on seriously ill patients and their care providers." For further information: Guidelines issued today by the California Attorney General: http://www.AmericansForSafeAccess.org/downloads/AG_Guidelines.pdf Attorney General bulletin issued to all law enforcement after the 2005 U.S. Supreme Court decision in /Gonzales v. Raich/: http://www.AmericansForSafeAccess.org/downloads/AG_Raich_Bulletin2.pdf
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Joe Biden's Awful Record on Drug Policy

Among the likely choices for Obama's running mate, Joe Biden was not the person reformers were hoping to see on the democratic ticket. Radley Balko sums up Biden's drug war credentials:

…from a policy perspective, it’s a disaster. Biden has sponsored more damaging drug war legislation than any Democrat in Congress. Hate the way federal prosecutors use RICO laws to take aim at drug offenders? Thank Biden. How about the abomination that is federal asset forfeiture laws? Thank Biden. Think federal prosecutors have too much power in drug cases? Thank Biden. Think the title of a “Drug Czar” is sanctimonious and silly? Thank Biden, who helped create the position (and still considers it an accomplishment worth boasting about). Tired of the ridiculous steroids hearings in Congress? thank Biden, who led the effort to make steroids a Schedule 3 drug, and has been among the blowhardiest of the blowhards when it comes to sports and performance enhancing drugs. Biden voted in favor of using international development aid for drug control (think plan Columbia, plan Afghanistan, and other meddling anti-drug efforts that have only fostered loathing of America, backlash, and unintended consequences). Oh, and he was also the chief sponsor of 2004’s horrendous RAVE Act.


On the other hand, Biden has recently spoken out against the crack/powder sentencing disparity and introduced legislation to address that issue. Pete Guither also notes that Biden's votes on civil liberties issues have consistently improved over the years, which may be a sign that he's evolving in his thinking. But I see no evidence that Biden has ever stepped back in any meaningful sense from his rabid drug warring ways. If he's made any philosophical realignments on drug policy in general, he hasn't said so out loud.

Thus the silver-lining may be that as Vice President, Biden would no longer be serving on the judiciary committee, where he's exerted his influence in the form of the various atrocities outlined above. As VP he'd technically be losing his authority over drug policy issues, except to whatever extent Obama may seek his advice when selecting the drug czar and so forth. It's certainly possible that Obama's more enlightened views would prevail within his administration, or even that Biden's "tough on crime" credentials could provide cover for reform, but Biden would be a strange ingredient in the behind-the-scenes reform agenda that's so often attributed to Obama by liberal reformers. It was bad enough when Obama softened his reform positions to avoid attacks from the right. Will he now begin watching his step around his own running mate?

(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)