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In The Trenches

Supreme Court of New Mexico Strikes Down State’s Attempt to Convict Woman Struggling with Addiction During Pregnancy

For Immediate Release: May 11, 2007 CONTACT: Reena Szczepanski (DPA): 505-983-3277 or Nancy Goldstein (NAPW): 347-563-1647 Supreme Court of New Mexico Strikes Down State’s Attempt to Convict Woman Struggling with Addiction During Pregnancy Leading Physicians, Scientific Researchers, and Medical, Public Health, and Child Welfare Organizations Applaud Court’s Order On May 11, the Supreme Court of the State of New Mexico turned back the state's attempt to expand the criminal child abuse laws to apply to pregnant women and fetuses. In 2003, Ms. Cynthia Martinez was charged with felony child abuse “for permitting a child under 18 years of age to be placed in a situation that may endanger the child's life or health. . .” In bringing this prosecution, the state argued that a pregnant woman who cannot overcome a drug addiction before she gives birth should be sent to jail as a felony child abuser. Today the Supreme Court summarily affirmed the Court of Appeals decision, which overturned Ms. Martinez’s conviction. New Mexico joins more than 20 other states that have ruled on this issue and that have refused to judicially expand state criminal child abuse and related laws to reach the issues of pregnancy and addiction. The Drug Policy Alliance (“DPA”) and the National Advocates for Pregnant Women (“NAPW”) filed a friend-of-the-court brief http://www.drugpolicy.org/docUploads/NMvMartinezAmicusBrief.pdf on behalf of the New Mexico Public Health Association, the New Mexico Nurses Association, and nearly three dozen other leading medical and public health organizations, physicians, and scientific researchers. During oral argument, the Justices referenced the amicus brief filed by these organizations and expressed grave concerns about the deterrent effect such prosecutions would have on women seeking prenatal care. Tiloma Jayasinghe, NAPW staff attorney, explained, “Making child abuse laws applicable to pregnant women and fetuses would, by definition, make every woman who is low-income, uninsured, has health problems, and/or is battered who becomes pregnant a felony child abuser. In oral argument, the state’s attorney conceded that the law could potentially be applied to pregnant women who smoked.” Reena Szczepanski, Director of Drug Policy Alliance New Mexico, said, “I hope that this case serves as a reminder that pregnant women who are struggling with drug use should be offered prenatal care and drug treatment, not prosecution. There are better ways to protect our children in New Mexico, and ensure that future generations will be safe and healthy.”
In The Trenches

California Assembly Passes Hemp Farming Legislation

FOR IMMEDIATE RELEASE: Thursday May 10, 2007 CONTACT: Adam Eidinger Ph: 202-744-2671, E: [email protected] or Tom Murphy Ph: 207-542-4998, E: [email protected] California Assembly Passes Hemp Farming Legislation AB 684 Would Allow Farmers to Grow Non-Drug Varieties of Cannabis SACRAMENTO, CA – California’s Assembly today voted 41 to 29, with 9 not voting, to approve AB 684, the California Industrial Hemp Farming Act of 2007. The legislation gives farmers the right to grow non-psychoactive Industrial Hemp which is commonly made into everything from food, clothing, paper, body care, bio-fuel and even auto parts. The bill now goes to the Senate where it is expected to have enough support to pass. The text of legislation can be found at: http://www.votehemp.com/state/california.html#Legislation. AB 684, the California Industrial Hemp Farming Act, was authored by Assemblyman Mark Leno (D-San Francisco) and Assemblyman Chuck DeVore (R-Irvine). This is the second time in two years that a bipartisan hemp farming bill has passed the Assembly. Last year, Governor Arnold Schwarzenegger vetoed AB 1147 which is nearly identical to AB 864. At that time the Governor claimed that bill would put farmers in jeopardy of federal prosecution if they grew hemp despite assurances by Vote Hemp and other supporting organizations such as the California based Hemp Industries Association and California Certified Organic Farmers there would be a challenge to the Drug Enforcement Administration’s legal authority to interfere with the state hemp farming law prior to implementation. “Passage of the hemp farming bill in the Assembly is a sign it is likely to reach Governor Schwarzenegger’s desk for the second year in row,” says Vote Hemp legal Council and San Francisco Attorney Patrick Goggin. “The mood in Sacramento is this bill is consistent with California’s effort to be leader on US environmental policy. Hemp is a versatile plant that can replace polluting crops such as cotton and is taking off as an organic food and body care ingredient. It is time to jump into the expanding market for hemp that California companies currently import from Canada and elsewhere.” Today more than 30 industrialized nations grow industrial hemp and export to the US. It is the only crop that is both illegal to grow and legal for Americans to import. Sales of hemp food and body care products have grown rapidly in recent years fueling an expansion of hemp farming in Canada which topped 48,000 acres in 2006. A telephone poll with a 3.5% margin of error of likely California voters taken from February 22 – 26 showed a total of 71% support changing state law to allow farmers to grow hemp. The survey was conducted by the respected research firm Zogby International on behalf of Vote Hemp and five manufacturers of hemp food products including Alpsnack®, French Meadow Bakery®, Living Harvest®, Nature’s Path Organic Foods® and Nutiva®. Poll questions and results regarding industrial hemp farming policy and consumer attitudes on hemp products and nutrition can be viewed online at: http://www.votehemp.com/polls.html. There is evidence of strong support among men and women and self-identified liberal and conservative voters on the issue. Among California Republicans, 60% support changing state law on hemp while 74% of Democrats are in support. Support was also steady among all age groups, ranging from 54% of 18 to 29 year olds to 82% of 30 to 49 year olds, 74% of 50 to 64 years olds and 60% of those over 65 years old. # # More information about hemp legislation and the crop’s many uses can be found at www.VoteHemp.com.
In The Trenches

Join NORML In Los Angeles For Our 2007 National Conference -- Sign Up Today To Take Advantage Of NORML’s Limited Discounted Rates

NORML welcomes you to join us in Los Angeles Friday, October 12, and Saturday, October 13, for the 2007 national NORML Conference. This year’s two-day ‘extravaganja’ will take place at the Sheraton Universal Hotel in Universal City. Please mark your calendar now and plan to join us as we focus on the latest marijuana policy developments at the state and federal levels, celebrate our victories over the past year, and hear from the world’s leading activists and cannabis law reform organizations. Network with the nation's top advocates, mingle with celebrities and members of High Times Magazine, as well as NORML's staff and board of directors, and enjoy a variety of unique after-hours events. Register early and take advantage of special discounted pricing on both the conference and hotel accommodations. Online registration for NORML’s 36th annual national conference is available now at: http://www.norml.org/index.cfm?Group_ID=7250. For additional details on this year’s conference agenda, business sponsorships, or to find out how to take advantage of our ‘pre-registration’ discount, please visit: http://www.norml.org or call (202) 483-5500.
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Marijuana Now Causes Homosexual Incest. That's What They're Saying.

You've been warned that marijuana could turn you into a dickhead, but you didn’t listen. Now MTV Canada has raised the stakes with the frightening news that marijuana might cause brothers to make out with each other.

The video must be seen to be believed.

Now I know what you're thinking. This is just another outlandish scare tactic, so far removed from human experience that it will serve only to amuse its target audience. Well make jokes while you can, hippies, because it won't be funny anymore when there are pictures of you all over Myspace making out with your brother.

Besides, now that they're lacing the marijuana with even stronger marijuana, you could be hooking up with your mom right now and not even know it. So don't tell me these ads are unrealistic. You're being unrealistic if you think you can smoke pot recreationally without supporting terrorists, eating your own hand, losing your girlfriend to an alien, turning into a dickhead, and getting it on with your family.
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USA Today Takes Firm Stance on Student Drug Testing: Neutral

The editors at USA Today attempt to tackle student drug testing on the Opinion page, only to become hopelessly confused and fail to form an opinion:
Advocates of testing say it gives students a powerful reason to say no to peer pressure…

Critics are just as passionate, arguing that the tests are invasive and expensive, and that studies show testing doesn't deter drug use. In truth, data conflict, and both sides can point to studies that back their position.

What's missing is definitive research that would allow schools to make confident decisions balancing costs against benefits.
In truth, the debate over drug testing research is utterly fake and contrived. When the largest study ever on student drug testing -- funded by NIDA -- found that it didn’t work, drug testing proponents/profiteers (they're often the same) fired back, criticizing the methodology. Under attack from the very people who hired them, the authors responded with further research and achieved the same result.

USA Today's arbitrary dismissal of authoritative data is frustrating, but they're equally skeptical of smaller studies cited by drug testing proponents. One wonders, then, why they're calling for more research when they're already overwhelmed by the data.

Moreover, the practice of collecting urine from students on a massive scale is itself so objectionable that great weight should be given to any indication that the program's value is dubious. To place the burden of proof on those who oppose visually-monitored urination is absurd.

Update: After writing this but before posting it, I noticed this excellent piece by Marsha Rosenbaum, which ran in the same edition. If USA Today's editorial can be understood as an attempt to debate her, they've certainly done so without much conviction.
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"We made brownies and I think we're dead."

TalkLeft drew attention this evening to a report in the Dearborn, Michigan, Mail & Guardian of a now-former police officer who confiscated a suspect's marijuana and wound up calling 9-1-1 over it. He and his wife baked some of it into brownies, and then (apparently) freaked out. Officer Edward Sanchez resigned, and the department decided not to press charges, which irritated city councillor Doug Thomas. TalkLeft's Jeralyn Merritt is glad he wasn't charged:
Yes, it's bad to take a suspect's pot. But I don't think it warrants criminal charges. Disciplinary charges, to be sure, but the cop resigned first. And, in the grand scheme of things, it's better that someone who overdoses on drugs like heroin not to be afraid to seek medical attention. Some things are better confined to the realm of the doctor-patient privilege.
I agree with the overdose prevention angle. In fact, we have a whole category devoted to that idea on this web site. But I'm not sure how I feel about just having disciplinary action in most cases. It's one thing to slip up, especially when it comes to an activity like drug use that shouldn't be a crime at all. It's another thing to arrest a person, take his drugs (his property), send him to jail for the drugs and then commit the same crime that you took the first guy to jail for. That makes me wonder about the officer's moral fiber (even though I don't call for sanctions of officers for mere drug use -- because I don't call for such sanctions for anyone). The Mail & Guardian article did not discuss the fate of the original possessor of the marijuana. I would like to know whether Sanchez arrested him or her, and if so what the outcome was. That said, losing his job is probably enough (even if by resignation), and as I said I agree that 9-1-1 calls over drug overdose scares should not lead to criminal prosecution, for reasons of public health policy. Update: Mark Hemingway commented on this story guest blogging for The Agitator too. In descending order of harshness toward the officer: Hemingway, me, Merritt. Another update: Orin Kerr of the Volokh Conspiracy found audio of the 9-1-1- call.
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In The Trenches

The Sentencing Project: Disenfranchisement News & Updates - 5/10/07

Colorado: Governor, Secretary of State Oppose Parolee Voting Colorado Gov. Bill Ritter, a Democrat and former prosecutor, said he will veto the state's election law bill, SB 83, if supporters insist on putting parolee voting back in it. In late April, the House of Representatives rejected a provision that would have given individuals on parole the right to vote. Secretary of State Mike Coffman said the provision violated the state's constitution, according to the Denver Post. Texas: 'A Step in the Right Direction' The Daily Texan, a University of Texas at Austin student publication, published an opinion editorial in favor of restoring the voting rights of individuals charged with a non-violent offense. Texas restores voting rights after completion of sentence and parole or probation. The piece comes on the heels of proposed legislation, HB 770, to notify formerly incarcerated individuals of their voting status. The editorial stated that petty acts should be treated as such, and individuals would benefit more from treatment, and should not lose their voting rights as a result. "Thousands of acts carry felony charges, including stealing cable service and electrocuting fish," the editorial stated. "In Texas, there are 550,000 felons in prison and nearly 440,000 on probation. For many of them, the power of a ballot in their hand could far outweigh the seriousness of their crime."