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Press Release: California State Supreme Court to Hear Landmark Medical Marijuana Employment Discrimination Case on Tuesday

[Courtesy of Drug Policy Alliance] For Immediate Release: November 5, 2007 For More Info: Tony Newman, (646) 335-5384 or Tamar Todd (510) 593-4908 California State Supreme Court to Hear Landmark Medical Marijuana Employment Discrimination Case on Tuesday Gary Ross, Fired After Testing Positive for Medical Marijuana, Despite Using Off-Hours and in Accordance with California Law Leading Public Health Organizations File Amicus in Support of Gary Ross; Outcome May Affect Thousands of Working Californians Who Use Medicine to Relieve Chronic Pain On Tuesday, November 6, 2007, the California Supreme Court will hear oral argument in Ross v. Ragingwire Telecommunications, Inc., a case in which a lawful medical marijuana patient was fired by his employer after testing positive for medical marijuana he used during off-hours in accordance with his doctor’s recommendation for the treatment of severe pain. The case concerns Gary Ross, who treats his chronic pain and muscle spasms from a military injury with physician-recommended medical marijuana in compliance with California law. Mr. Ross provided the company with documentation of his legal status as a medical marijuana patient but was fired after eight days on the job because he tested positive for THC in a pre-employment drug test. Mr. Ross filed suit alleging wrongful termination but two lower courts sided with the employer, holding that the company did not discriminate against Mr. Ross based on his disability and chosen treatment. “The livelihoods of thousands of working Californians who are using medical marijuana in full compliance with state law are at stake in this case,” said Tamar Todd, staff attorney at the Drug Policy Alliance. Mr. Ross is represented by Joe Elford of Americans for Safe Access, who will be arguing that case in front of the California Supreme Court on Tuesday. The Drug Policy Alliance filed an amicus (friend-of-the-court) brief in support of Mr. Ross on behalf of leading national and state public health organizations, including the American Pain Foundation, the American Medical Women’s Association, the Lymphoma Foundation of America, the American Nurses Association, the California Nurses’ Association, the AIDS Action Council, the National Women’s Health Network, Doctors of the World – USA and the Gay Men’s Health Crisis. The brief argues that patients should not be forced to choose between the best course of treatment or employment, and outlines the sound evidence that marijuana is medically appropriate treatment for chronic pain and other serious medical conditions. Signatories to the brief represent a powerful contingent of medical and public health organizations that represent a broad class of patient-employees. “These leading health organizations recognize the need for patients to be able to follow their doctors’ advice for pain relief and treatment without fear of being fired from their jobs for doing so,” said Todd. Oral argument is scheduled for November 6, 2007 at 9 a.m., in the California Supreme Court‘s Capitol courtroom, Stanley Mosk Library and Courts Building, 914 Capitol Mall, Sacramento.
In The Trenches

4:20 Drug War NEWS Update 11/05/07

Drug Truth Network Update: 4:20 Drug War NEWS Half Hour Programs, Live Tuesdays & Wednesdays... at 90.1 FM in Houston & on the web at www.kpft.org. 4:20 Drug War NEWS 11/05/07 to 11/11/07 now online (3:00 ea.): Monday 11/05/07 NYTimes: Afghanistan: The War on Poppy Succeeds, but Cannabis Thrives 1 Tuesday 11/06/07 NYTimes: Afghanistan 2 Wednesday 11/07/07 Drew Carey, Host of Price Is Right re: Med Marijuana Dispensaries 1 Thursday 11/08/07 Drew Carey 2 Friday 11/09/07 Dr. Rick Doblin of Multidisciplinary Association for Psychedelic Studies Saturday 11/10/07 Poppygate Sunday 11/11/07 Drug War Facts & DTN YouTube Contest NOTE: CULTURAL BAGGAGE (Broadcast on Wed) & CENTURY OF LIES (Broadcasts Tue) Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada., Cultural Baggage for 10/31/07 Eric Sterling of Criminal Justice Policy Foundation, Dr. Rick Doblin of MAPS and Drug War Facts MP3 MP3 LINK: http://www.drugtruth.net/007DTNaudio/FDBCB_103107.mp3 Century of Lies for 10/30/07 Phil Smith of StopTheDrugWar + Poppygate MP3 MP3 Link: http://www.drugtruth.net/007DTNaudio/COL_103007.mp3 Next - Century of Lies on Tues, Cutural Baggage on Wed: - Cultural Baggage 12:30 PM ET, 11:20 AM CT, 10:30 AM MT & 9:30 AM PT: Bruce Mirken of Marijuana Policy Project, mpp.org - Century of Lies 12:30 PM ET, 11:20 AM CT, 10:30 AM MT & 9:30 AM PT: Philippe Lucas of Vancouver Island Compassion Society Check out our latest videos via www.youtube.com/fdbecker: CoRick Doblin segments on LSD, MDMA and Medical Marijuana 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
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In The Trenches

Americans for Safe Access Monthly Activist Newsletter

Defending Patients' Access to Medical Marijuana

  • November 2007
  • Volume 2, Issue 11

ASA Pressures Calif. Governor to Stand Up for Patients' Rights

Schwarzenegger Asked to Resist Federal Interference in Medical Marijuana Program

In response to the dramatic increase in federal raids on California's medical marijuana patients and caregivers, Americans for Safe Access this month organized a campaign to convince Governor Arnold Schwarzenegger to stand up for his state's most vulnerable citizens.

The campaign—which included more than 40,000 postcards to the Governor, as well as hundreds of phone calls and emails, all urging him to take action to defend patients' rights—included a meeting with a representative of the governor on October 5. Governor Schwarzenegger's chief advisor for health and transportation spent an hour with ASA Executive Director Steph Sherer and ASA California Director Don Duncan, discussing how medical marijuana patients and providers in California are being victimized in the state-federal conflict. The advisor assured them that the governor's office has received hundreds of cards from ASA supporters and is well aware of the issue. ASA's constituents have the governor's ear, she said, and the governor is listening.

Six days after the meeting, more than 300 medical marijuana patients and advocates gathered at the governor's Los Angeles office for a rally urging the governor to act.

People began gathering in front of the governor's office over an hour before the event. By the time the rally began, the crowd took up almost the entire block, spilling into the streets and chanting, "support patients' rights, stand up and fight," and "we're patients, not criminals!" Many held movie-marquee style signs with such slogans as “Coming Soon: The Gov. in End of DEA Days.”

The rally at the governor's office The rally drew 300

The Los Angeles City Council was represented at the rally by Brian Perry, a staff member in Council Member Dennis Zine's office, who read a prepared statement, saying, "this year has seen a dramatic increase in federal law enforcement activity surrounding medical cannabis, including raids, confiscation of medicine and plants, and indictments." Council member Zine, a former Los Angeles police officer, has been leading the City Council in working on city regulations for the operation of medical marijuana dispensaries. The LA City Council has publicly condemned the recent federal raids and asked the DEA to not interfere as the regulatory process goes forward.

Orange County Supervisor Chris Norby also sent a statement of support, and other speakers included Sherer, Duncan and Michael Martin, the former medical marijuana edible maker who was recently raided by the DEA. The rally ended on a somber note, as the crowd went silent to hear medical marijuana patient Stephanie Landa, 60, say a few words by speakerphone from federal prison, where she is serving a 41-month sentence. The rally got extensive coverage from local LA media, which reaches 10 million people.

Advocates are also urging the governor to discourage state and local law enforcement agencies from cooperating with federal medical marijuana raids. Governor Schwarzeneg-ger is also being encouraged to join New Mexico Governor Bill Richardson and other governors in states with medical marijuana laws to change federal policy.

This year alone, the DEA and other federal agencies have conducted more than 44 raids of California patients and providers, more than double the number of the two previous years.

Meanwhile, Governor Schwarzenegger has allocated more than $1 million to fund a statewide ID card program, and the state has established sales tax rules for dispensaries. Since 1996, more than 30 cities and counties have adopted regulations for dispensaries.

ASA's campaign will continue until the governor takes action to stop federal interference in California's medical marijuana program. See: AmericansForSafeAccess.org/StandUp.

 

Patients Protest DEA Raid on Medicinal Edible Maker

Feds Deny Patients Access to Alternative to Smoking

On October 4th, ASA activists and medical marijuana patients gathered in protest at the Oakland Federal Building, as an activist turned himself in to federal authorities to face charges that he supplied edible medical cannabis products to other patients.

Surrounded by protestors carrying signs reading, "DEA: Keep your hands out of the medical marijuana cookie jar," Michael Martin, 33, spoke to the press before surrendering. Martin condemned the ongoing raids in California, with his wife, Elinor; their sons, 3-year-old Tyler and 5-month-old Lucas; and his mother by his side.

The Martin Family The Martin family in happier times

"I believe truly in my heart that I have done nothing wrong," Martin said outside the Oakland Federal Building. "We must put a stop to this travesty and, as a community, speak up and defend a patients' right to use safer alternatives of medication as they and their doctors see fit."

Federal prosecutors had issued an arrest warrant for Martin in connection with raids the previous week on Tainted, Inc., a maker of baked goods and other medical marijuana edibles. He was released later that day on a $300,000 bond; he faces charges that could result in more than 20 years in prison and $1 million in fines. Three others who worked at Tainted were charged along with Martin; all three are free on $200,000 bond.

Edible cannabis products provide an alternative to smoking cannabis and are preferred by many patients. Ordinances allowing for the sale of edibles by dispensaries have been adopted by many local officials, including the County of Los Angeles, the County of Alameda, and the City of Oakland, where the raids on Tainted, Inc. occurred. The medical cannabis products made by Tainted, Inc. carry prominent warning labels and are available only to qualified patients through dispensaries.

"Since I cannot smoke cannabis, I rely on edibles to control my pain and to allow me to sleep through the night," said Lenny Fisher, a 54-year-old cancer patient who has used Tainted's medical marijuana products.

The development of delivery methods that do not involve smoking was one of the recommendations of the White House commissioned 1999 Institute of Medicine Report on medical marijuana. While long-term studies of chronic marijuana users have shown that there is no associated risk of lung cancer or other diseases, many patients remain concerned about smoking cannabis or find oral ingestion to be easier or more effective.

Event

Public Forum: Should drugs be decriminalized?

Mark Forsythe of CBC radio will be host/moderator for this special event featuring retired provincial court judge Jerry Paradis and Tony Smith, a retired police officer. Both men are members of Law Enforcement Against Prohibition (LEAP).
In The Trenches

Press Release: ACLU Praises USSC for Change to Federal Drug Sentencing Guidelines, Fairness and Consistency in Sentencing Now Require Such Changes Be Applied Retroactively

FOR IMMEDIATE RELEASE Contact: [email protected] Washington, DC – The American Civil Liberties Union today praised the U.S. Sentencing Commission (USSC) for taking action to bring the guideline ranges for crack cocaine federal sentences back in line with the mandatory minimum statute. As a result of the previous guidelines, crack cocaine defendants sentenced to the mandatory minimums often served many more months than required by the law for their offense. The ACLU now calls upon the USSC to make such changes retroactive, joining a growing chorus of organizations and individuals who believe such changes are an important step toward parity and justice in cocaine sentencing. "A retroactive change in the guidelines would offer relief to thousands of defendants who, because of the inconsistency caused by the sentencing guidelines, received sentences higher than the mandatory minimum," said Jesselyn McCurdy, legislative counsel for the ACLU Washington Legislative Office. "For the sake of consistency and basic fairness under the law, this change must be retroactive. "There is a widespread perception, particularly in African-American communities, of racial bias within the criminal justice system. For example, drug sentencing guidelines impacting other racial groups, such as those involving LSD, marijuana, and oxycodone, have been made retroactive by the commission in the past. Such perceptions of racial bias would only be magnified if corrected sentencing guidelines for crack cocaine offenses aren't also made retroactive." Neither the new guidelines nor their retroactivity will impact the statutory 100-to-1 quantity disparity between crack and powder cocaine, identified by the USSC as the "single most important" factor accounting for longer sentences imposed on African-Americans relative to other racial groups. The ball is in Congress’ court to make the statutory fix, and the USSC has expressed its firm desire "for prompt congressional action." As an interim measure, however, making the USSC’s proposed guidelines retroactive would be a significant step towards correcting over two decades of injustice in cocaine sentencing.
In The Trenches

The Sentencing Project: Disenfranchisement News & Updates - 11/02/07

New York: Hearings Scheduled to Consider Parolee Voting Rights The New York State Commission on Sentencing Reform has recommended that voting rights be restored to individuals on parole in an effort to improve reentry by way of civic participation. A series of public hearings to consider this and other issues are scheduled starting November 13. Currently, in New York those with felony convictions under parole supervision, as well as New York citizens with a felony conviction from another state, are banned from voting. A majority of the Commission believe that parolees' rights should be restored, according to a Commission reform proposal. Florida: New Restoration Policy Needs to be 'Reengineered' State officials are reporting that more individuals - 35,000 to be exact - have regained their civil rights after the state's executive clemency board in April restored the right to vote to those with non-violent records "during this period than during any other comparable period in recent memory," states a Tallahassee Democrat op-ed by Mark Schlakman. Nonetheless, there are close to a million more individuals for whom the state must decide eligibility for rights restoration - a process that could take years. Schlakman writes that Gov. Charlie Crist's Cabinet "must revisit and reengineer that process to achieve more comprehensive reform." He further said individuals with felony records cannot easily gain employment and suggested that the connection between rights restoration and ex-offender eligibility should be omitted. "There would be no compelling need to distinguish violent offenses from non-violent offenses to determine fitness to vote. Similarly, there would be no need to subject rights-restoration cases to multiple levels of scrutiny and cumbersome and costly investigations," Schlakman wrote. National: Disenfranchisement is an 'Artifact of Jim Crow' Arguing that there is no reasonable justification behind felon disenfranchisement, "Locked Out: Felon Disenfranchisement and American Democracy" (Oxford University Press 2006) by Jeff Manza and Christopher Uggen is reviewed in the Ohio State University Journal of Criminal Law. The review, entitled "Felon Disenfranchisement and Democracy in the Late Jim Crow Era," is by University of Arizona Professor Gabriel J. Chin, and focuses on the history and policy behind disenfranchisement. Chin writes: "It might be said that felon disenfranchisement is a folkway rather than a policy; it enjoys remarkably wide acceptance in codes across the country without a well-articulated justification or rationale, particularly for the period after full completion of sentence." The Michigan Citizen published an opinion editorial on disenfranchisement and how penalties for a crime continue even after time is served. Calling disenfranchisement a way to suppress black votes, author Dr. Henrie Treadwell, associate director of Development at the National Center for Primary Care at Morehouse School of Medicine and director of Community Voices, also commented on each state's varying disenfranchisement laws. "The state laws are so varied that from jurisdiction to jurisdiction there is no consistency on what convictions will trigger a loss of voting rights," the author wrote. - - - - - - 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

Abstract Submission for IHRA Conference in Barcelona - Two Weeks Left!

[Courtesy of Eurodrug] The deadline for submitting abstracts for 'Harm Reduction 2008', the conference of the International Harm Reduction Association, is fast approaching. All abstracts must be submitted online by the 14th of November 2007. If you wish to share your experiences, best practice, research and ideas in front of an international audience, then we would encourage you to submit an abstract of 200 to 300 words. See here for more information: http://www.ihra.net/Barcelona/Home To find the guide for abstracts: http://www.ihra.net/uploads/downloads/Conferences/Barcelona2008/Barcelona2008AbstractGuideline.pdf.
In The Trenches

Drew Carey Kicks It with Steph Sherer

Dear Friend,

In this second episode of The Drew Carey Project, released on Reason.tv, Drew interviews ASA Executive Director Steph Sherer and takes a look at federal interference with medical cannabis dispensing in California.

Check out the video at: www.AmericansForSafeAccess.org/DrewCarey

The video is the second episode of a joint project between Drew and Reason, The Drew Carey Project. Its mission is to create “a series of video documentaries that take a hard look at the variety of threats to our liberties -- and celebrate what it really means to be free.”

In the video, Steph shares her story with Drew and talks about how her own experiences led to her founding of Americans for Safe Access. Drew also visits a Los Angeles dispensary and goes on to interview Steve Whitmore, spokesperson for the LA County Sheriff’s Department, as well as Bill Leahy, Vietnam vet and medical marijuana patient.

Share this episode of the Drew Carey Project with your friends and family! We know medical cannabis improves the lives of millions of people and we know that the federal interference with state medical marijuana laws is outrageous. But unless we share Drew's report with friends and family who might not support our views or who might not feel as passionately as we do, we will lose a great opportunity to reach out and educate people about medical cannabis and the threats facing patients nationwide. So please forward this email and share Drew Carey’s report on Medical Marijuana!

Enjoy watching Drew’s report at www.AmericansForSafeAccess.org/DrewCarey and please remember to share it!

Thank you,

Rebecca Saltzman
Chief of Staff
Americans for Safe Access

 

 

P.S. The only way we can continue our work and educate people about medical cannabis is with support from people like you. Please visit www.AmericansforSafeAccesss.org/Donate today to become a member of ASA.