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CA: Overdose Bill Moves Forward: Unanimous Judiciary Committee Support

[Courtesy of the Harm Reduction Coalition] For Immediate Release: May 8, 2007 Contact: Emalie Huriaux, tel: 510-469-7941 Overdose Bill Moves Forward: Unanimous Judiciary Committee Support SACRAMENTO - California Senate Bill (SB) 767, the Overdose Treatment Liability Act, cosponsored by the Harm Reduction Coalition (HRC), a national health and human rights advocacy group working to reduce drug-related harm, and the County of Los Angeles passed the bipartisan California Senate Judiciary Committee today in a 5-to-0 vote. SB 767 will make it easier for health care professionals to participate in comprehensive drug overdose prevention programs that prescribe the opioid antagonist naloxone, thereby removing a large obstacle to the creation and expansion of such programs in California. This proposed legislation will also make it easier to get opioid antagonists into the hands of the people who are the most likely to be bystanders to opioid overdoses, increasing the likelihood that people overdosing on opioids will receive naloxone promptly. Emalie Huriaux, HRC's Overdose Project Manager stated after the unanimous vote, "We are pleasantly surprised. Liability legislation rarely gets support from the Senate Judiciary Committee. This vote shows that committee members understand the lifesaving effects SB 767 will have." Sandi McClure, a member of the Los Angeles Overdose Taskforce, delivered powerful testimony about the loss of her daughter, Jennifer, 15 months ago to a heroin overdose, and how access to naloxone may have saved her life. In addition, Dr. Jeffrey Gunzenhauser, Medical Director for the County of Los Angeles, spoke about the drug overdose epidemic in Los Angeles and throughout the country. Although naloxone is a very safe drug and recent studies have proven that lay people, with appropriate training, can safely and properly administer it, some clinicians are concerned about prescribing take-home naloxone for use by lay people. Clinicians voice concerns that patients may use naloxone on a third party experiencing an overdose and, in the event of an adverse reaction, the clinician could be held liable. In recent years, New York, New Mexico, and Connecticut have enacted legislation similar to SB 767 to protect licensed health care professionals from civil and criminal liability when prescribing take-home opioid antagonists. Since November 2003, HRC's Overdose Project has collaborated with the San Francisco Department of Public Health to provide overdose prevention, recognition, and response training, including naloxone prescriptions, to people at risk for experiencing an opioid overdose. To date, this collaboration has provided training and prescriptions to nearly 1,000 people and heard reports from 250 of them that they used naloxone in an overdose situation. Drug overdose, which is entirely preventable, is the second leading cause of accidental death in the United States. When a person overdoses on opioids (heroin, morphine, methadone, oxycontin, etc.), he/she is rendered unconscious and is in danger of dying because the opioids slow down, and eventually stop, the person's breathing. Naloxone counteracts life-threatening depression of the central nervous and respiratory systems caused by an opioid overdose, allowing an overdose victim to breathe normally. Currently, naloxone can be prescribed only by licensed health care professionals, and has the same level of regulation as prescription ibuprofen. SB 767 protects providers who prescribe take-home naloxone, facilitating greater access to lifesaving medicine for people experiencing opioid overdoses. The bill will be heard later this month by the Senate Appropriations Committee and, if passed, will move on for a vote by the entire Senate later this year. # # # # For more information about the Harm Reduction Coalition, visit http://www.harmreduction.org.
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Is It Bad Cop vs. Bad Cop, or Bad Cop vs. Good Cop?

Jeralyn Merritt linked in TalkLeft today to a Chicago Tribune article covering what sounds like a fairly spectacular police corruption trial. A police ring allegedly engaged in armed robbery of drug dealers, and as part of that engaging in home invasions, falsifying police reports and lying to judges and juries. The prosecutors, not surprisingly, have gotten one cop -- Corey Flagg, who has pleaded guilty -- to testify against another -- Eural Black, who took it to trial -- in order to get a "deal," e.g., a lighter sentence. And Merritt aptly points out that in such a circumstance -- a known criminal providing testimony, in exchange for the compensation of spending less time in prison -- it's really hard to know whom to believe. There is incredibly strong incentive for the guy making the deal to say anything that will get him off more easily, and by definition the guy making the deal is someone we believe to be a criminal in the true sense of the word. Should such a person's testimony really be the basis for handing out hard-time in prison? Defense are pointing this out, and Merritt asks what the jury is likely to make of it:
What does a jury glean from all this? That all the cops were dirty, or that one cop who got caught is trying to save himself by selling out a clean cop who worked with him?... Does a dirty cop really sell out a clean cop? Or does he, caught in the headlights, just spread the blame to others as dirty as him, in hopes of a shorter sentence?
This sort of deal is made all the time, of course, on countless routine cases. I consider it to be a fundamental corruption of the administration of justice -- it is just too obviously true that one cannot trust testimony given under such a circumstance. The older type of practice is that deals would be offered to informants who provide useful information that investigators can use to then find actual evidence. Instead, drug war prosecutors, with the complicity of judges, have shed their morality and instead use the informants' mere testimony. Hmm, maybe that's one of the reasons some people don't like snitching.
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Maryland Action Alert -- Drug Sentencing Reform Bill Unexpectedly in Danger of Veto

(This action alert is going out to our Maryland subscribers in the AM. As a Marylander -- I live in Takoma Park now -- I'm officially upset at the governor. I knew he'd show himself to be a "fake" liberal when push came to shove on this issue. - Dave)

Last month a modest but important sentencing reform bill -- HB 992, which restores parole eligibility for second-time drug offenders -- was passed by the Maryland General Assembly. At the time Gov. O'Malley had indicated that he supported the bill. But now he has flip-flopped and is saying he may veto it.

Please call O'Malley's office and demand he stop playing politics with people's lives and sign HB 992. Mandatory minimums are a terrible injustice and are costly and ineffective public policy -- HB 922 is simply a no-brainer. CALL (800) 811-8336, OR FAX O'MALLEY A LETTER AT (410) 974-3275. (The address to use on your letter if writing is: The Honorable Martin O'Malley, State House, Annapolis, Maryland 21401-1925 -- be sure to use fax, though, there isn't enough time to rely on the US mail.) PLEASE FORWARD THIS ALERT TO YOUR FRIENDS IN MARYLAND TOO!!!

The organization Stop the Drug War (DRCNet) has a form set up online to make it easy to e-mail the governor -- I hope you will use this method too. Phone calls and individual faxed letters are the best, though, so if you can do one of those I hope you will. Please send me an e-mail, and send one to [email protected] to let me and DRCNet know you've taken action. Following is some background on HB 992, from the Justice Policy Institute:

When enacted, HB 992 would operate as follows:

  • HB 992 does not apply to violent offenders. HB 992 does not apply to third or fourth time offenders. HB 992 does not apply to volume dealers or drug kingpins.
  • A defendant is convicted of possession of intent to distribute a controlled dangerous substance or distribution of a controlled dangerous substance. The defendant is a second-time offender and is subject to a 10-year mandatory sentence.
  • At sentencing, the judge will have available a presentence investigation report (PSI), prepared by Parole and Probation, that details the defendant's complete criminal history (arrests, convictions, warrants, etc.), family history, drug addiction and treatment (or lack thereof) history, and a recommended sentence range based on the defendant's offender score and offense. The judge will hear from defense counsel and the state's attorney concerning a sentence.
  • The defendant will be sentenced to 10 years of incarceration. If the defendant is not also guilty of a violent offense, the judge, after a full appraisal of the defendant and listening to argument and recommendations of the state's attorney and defense counsel, MAY sentence to 10 years with the POSSIBILITY of parole.
  • The defendant is confined within the Department of Corrections and waits a minimum of two and a half years for a parole hearing.
  • The parole commission then determines, based on the defendant's updated presentence investigation report (PSI), offense, offender score, impact statements, a letter from the state's attorney that originally prosecuted the case, and the defendant's "base file" -- i.e., complete institutional record prepared by a case manager detailing tickets, classes, work history, etc., and whether the inmate has an exit plan -- i.e. a job and place to live -- whether to parole the inmate.
  • If the inmate is paroled (which is unlikely on the first attempt) and complies with the conditions of his or her parole, the state saves approximately $100,000 and public safety is not impacted.
  • If the inmate is paroled (again, unlikely on the first attempt), the inmate is subject to supervised probation and, if the inmate fails to comply with his or her parole conditions, faces serving the entire balance of the 10-year sentence.

While HB 992 by no means does all we would want, it is a beginning. I hope you will take action -- thanks for helping us help Maryland's nonviolent drug offenders this year.

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The Boy Who Cried Meth

No community is safe from the scourge of idiot reporters who can't help but write meth stories no matter how hard they try not to. Even when there's no meth around, they write about how exciting and horrible it would be if there were.

Here's one from the Register-Citizen in Torrington, CT:
"There is a fear that the use of methamphetamine is making its way to this area," Torrington Police Chief Robert Milano said. "It causes quite a bit of concern."

There have been no methamphetamine-related arrests in the city as of yet, but still rumors persist, said Torrington Police Sgt. Rousseau, of the Torrington Narcotics Division.
So there's really just no sign of any meth activity at all in Torrington. Which is perhaps the best evidence that meth is planning a major assault.
"I can see the wave," Torrington Police Lt. Mike Emanuel said. "It wouldn't be out of the question for Torrington."
Plug your nostrils, children of Torrington! Officer Emanuel can see The Wave.
Rousseau said he could not offer more specific information because he did not want to reveal law enforcement prevention or termination plans that possible users or dealers would benefit from.
They'll try to arrest you. It really isn’t any more sophisticated than that. But maybe it's a good thing if hatching secret plans for a nonexistent meth epidemic replaces wiretapping potheads as the favorite pastime for bored New England cops.

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In The Trenches

Today is the 34th anniversary of the signing of New York's infamous Rockefeller Drug Laws

[Courtesy of the William Moses Kunstler Fund for Racial Justice, Inc. and Tony Papa] Today, May 8, marks the 34 year anniversary of the signing of New York's infamous Rockefeller Drug Laws. In December of 2004 the laws were mildly modified but continue unabated to wreak untold havoc on poor communities of color across the Empire State. Below is a link to a powerful and edifying video/song written and performed by Hip-Hop megastar Jim Jones calling on Governor Spitzer to reform the cruel and unusual, and racially applied Rockefeller Drug Laws (now the Elliot Spitzer drug laws). The video serves as trailer for the newly released documentary Lockdown USA. Moreover, we have included a compelling editorial that appeared this week in the Huffington Post. The editorial was written by artist/activist and Rockefeller Drug Law survivor Anthony Papa. In the editorial, Mr. Papa urges not only the Governor Spitzer but also Lt. Governor David Patterson in particular NY Attorney General Andrew Cuomo to use their offices to follow through on their past commitment to push for the REPEAL of the Rockefeller Drug Laws. Mr. Cuomo is one of the four major figures featured in the Lockdown USA documentary. All three public officials have been silent on the issue since their respective inaugurations. Mr. Papa, formerly of Mothers of the NY Disappeared, is now a media specialist for the Drug Policy Alliance (DPA). DPA has worked closely with the NY Mothers and the Kunstler Fund for the past 9 years in the popular movement to repeal the Rockefeller Drug Laws.(www.drugpolicy.org). Jim Jones Lockdown, USA Song http://www.drugpolicy.org/statebystate/newyork/lockdownusa/
In The Trenches

Media Release: MardiGrass missed opportunity

MARDIGRASS MEDIA Tuesday 8 May evening. POLICE MISS OPPORTUNITY TO ARREST THOUSANDS! MARDIGRASS AND POLICE PROPAGANDA! Reading the media it looks like MardiGrass was a massive police feast! The picture they paint is a very misleading image. In reality it was incredibly mellow with very few problems. We do admit the NSW Police media releases listing every detail of their weekend was all the press had to go on, because the organisers were still having too much fun to put out any news! Anyway, journalists had been ignoring MardiGrass mostly and we didn’t anticipate the police putting so much negative spin on such a successful weekend. One assault, ten thousand people, no wonder many police prefer the mellowing affect of cannabis at festivals. Some real stories are starting to emerge. The injuries sustained by police which sounded on the television news like they were sustained in battle, came from them recklessly chasing someone through a crowd, knocking over and injuring a bystander, and eventually hurting themselves by running headlong into a car. You can imagine how they sought revenge on the person they were chasing that had surrended with his hands up. The big crowd watching, including many children, was less than impressed. There are several accounts and complaints about the police horses knocking people about, and even over, as they chased people through market crowds. The horse’s manure has also raised several other concerns, often watery crap was splattered in front of Sibley Street food stalls attracting many complaints by festival goers and stallholders. Some angry stallholders are preparing formal complaints about the health concerns this type of police activity raises. The smell was disgusting bringing dozens of complaints from upset diners.
In The Trenches

ASA's Medical Marijuana in the News: Week of 5/4/07

ASA ACTION: Science Supports DQA Lawsuit ASA IN THE NEWS: Defending Election Fairness DISPENSARIES: Regulations Working in Many Cities RHODE ISLAND: Veto-Proof Margin for Medical Marijuana Bill MINNESOTA: Senate Passes Medical Marijuana Bill VERMONT: Medical Marijuana Law May Broaden ILLINOIS: Political Pressure for Medical Marijuana Bill NEW HAMPSHIRE: Locals Push for Legal Access TEXAS: Medical Marijuana Bill Considered CONNECTICUT: Massive Support May Spur Bill WASHINGTON: Medical Marijuana Law’s Limit Tested FEDERAL: California Dispensary Raid OREGON: Doctor Explains Medical Benefits CANADA: Activists Working Toward Better Policies _________________________________ ASA ACTION: Science Supports DQA Lawsuit The editorial in this week's edition of Science, the journal of the American Association for the Advancement of Science, supports ASA’s lawsuit asking for a correction of the misinformation about medical marijuana being spread by the Food and Drug Administration (FDA). Such mention in one of the world’s most prestigious scientific magazines would be noteworthy on its own, but it’s even more so when the author is also the former FDA Commissioner. EDITORIAL: Turning the Tables with Mary Jane by Don Kennedy, Editor, Science ASA finally brought its case to federal court, asking it to substitute for the agency's false statement one that says, "Adequate and well-recognized studies show the efficacy of marijuana in the treatment of nausea, loss of appetite, pain and spasticity." Will the judge make HHS change, giving ASA the injunctive relief it seeks? We'll have to wait to see whether this case turns the tables on DQA, but it's already clear that HHS has violated its own DQA guidelines--going, you might say, one toke over the line. _________________________________ ASA IN THE NEWS: Defending Election Fairness ASA’s litigation over a narrowly lost local medical marijuana initiative may result in fairer and more accountable election results. The ability to re-count ballots cast on electronic voting machines is at issue, and a judge is siding with ASA. Many election observers have questioned the reliability of such voting machines; a positive ruling helps protect basic democratic principles. Judge scolds county for loss of files by Ian Hoffman, ANG Newspapers A state judge chided Alameda County officials Friday for giving away the only internal electronic records of a contested election to Diebold Election Systems Inc., after an appeals court ordered the county to preserve the records. The judge's scolding came as a medical marijuana group, Americans for Safe Access, sought penalties against the county for getting rid of its touch-screen voting machines last summer without first downloading the electronic ballots and internal logs related to contested Measure R, a marijuana dispensary initiative Berkeley voters rejected in 2004.
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Racial Discrimination in the U.S. Criminal Justice System and International Human Rights Standards: Reporting to CERD

Please join us in Washington, D.C. for a meeting bringing together criminal justice advocates from around the U.S. to discuss racial discrimination in the U.S. criminal justice system as it relates to the UN Convention for the Elimination of all forms of Racial Discrimination (CERD). The U.S. Government has just filed a report to the UN Committee that oversees the treaty on its efforts to end racial discrimination in the U.S. Non-governmental organizations now have an opportunity to provide input to the Committee regarding U.S. compliance through "shadow reports."
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In The Trenches

Drug Policy Alliance (DPA) Seeks Applicants for Grants to Further Drug Policy Reform, Deadline: June 18

Through its annual Promoting Policy Change grant cycle, the Drug Policy Alliance seeks to broaden public support for drug policy reform. Policy Change grants fund strategic and innovative approaches to increase such support, including public education campaigns and organizing efforts. If this sounds like your organization, make sure to apply after you've read the guidelines at: http://www.drugpolicy.org/news/050307grants.cfm. The program provides both general operating support and project specific grants. Virtually all grant making is directed toward organizations working within the United States, with particular emphasis on state-based activity. Strategic, geographic or thematic collaborations are strongly encouraged. Generally, the cap on grants awarded during the Promoting Policy Change cycle is $50,000 although most awards are closer to $20-25,000. As well, applicants should be aware that the process is very competitive. DPA receives somewhere in the neighborhood of 3.5 million dollars in worthy requests but the fund has only 1.2 million to allocate. As a result, DPA will show some preference toward those groups with whom they have a pre-existing relationship and groups who demonstrate a clear understanding and application of broader drug policy reform. Grant applications are available now on the website and due by 8 PM EDT, Monday, June 18, 2007. Only proposals submitted by email will be considered. If you have any questions, please contact asha bandele at [email protected] .
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