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Beal leading Global Marijuana March in NYC, 1994 (wikimedia.org)
Beal leading Global Marijuana March in NYC, 1994 (wikimedia.org)

Activist Dana Beal Sentenced, Suffers Heart Attack

As he waited in a Wisconsin holding cell to be transferred to state prison to serve a marijuana trafficking sentence, iconic activist Dana Beal was stricken with a heart attack. He is currently in intensive care under sedation.
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No "Sweetness" for Medical Marijuana Patients, ATF Says
No "Sweetness" for Medical Marijuana Patients, ATF Says

ATF Says No Guns for Medical Marijuana Patients [FEATURE]

Federal gun control laws have long barred "addicts" or "illegal drug users" from owning firearms, but a recent restatement of that law with explicit reference to medical marijuana patients is raising eyebrows -- and concerns.
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Gov. Schweitzer vetoed one anti-medical marijuana bill, but gave in the second time.
Gov. Schweitzer vetoed one anti-medical marijuana bill, but gave in the second time.

Montana Medical Marijuana Initiative Poised for Ballot [FEATURE]

An initiative to undo the state legislature's undoing of Montana's 2004 voter-approved medical marijuana program appears poised to make the ballot as a Friday deadline draws near.
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Cash and guns Mexico_16.jpg
Cash and guns Mexico_16.jpg

Mexico Drug War Update

The Mexican border town of Matamoros was a virtual war scene Tuesday, and that's just one low-light in another week of unrelenting prohibition-related violence south of the border.
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parthenon_50.gif

This Week in History

Events and quotes of note from this week's drug policy events of years past.
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Cato Conference: Ending the Global War on Drugs

Ending the Global War on

Medical Marijuana Patient John Wilson Faces Bail Hearing Thursday

MEDIA ALERT: Medical Marijuana Patient John Wilson Faces Bail Hearing Thursday, September 29, 2011

WHO: Multiple sclerosis (MS) Patient John Ray Wilson

WHAT: Faces bail hearing

WHEN: 1:30 PM, Thursday, September 29, 2011

WHERE: Somerset County Courthouse – Somerville, NJ—with Judge Marino

WHY: Pending appeal to New Jersey Supreme Court

CONTACT: Ken Wolski, Chris Goldstein, William Buckman www.cmmnj.org

Multiple sclerosis (MS) patient and medical marijuana user John Ray Wilson will appear in the Somerset County Courthouse before Judge Marino for a bail hearing tomorrow, Thursday, September 29, 2011 at 1:30 PM. Wilson is currently imprisoned at CRAF, the Central Reception and Assignment Facility for the New Jersey State Prison system, located in Trenton, NJ.  Wilson had been free on bond pending an appeal of his conviction and sentence of five years, but an Appellate Court upheld his conviction of “manufacturing” marijuana in late July.  He was incarcerated on August 24, 2011.  Attorney William Buckman has filed a petition to the State Supreme Court.  The bail hearing tomorrow will determine if Wilson can remain with his family as the Supreme Court appeal is considered.  Mr. Buckman’s office reports that the State intends to vigorously oppose the release of Wilson. 

“New Jersey already has some of the most draconian laws in the nation with respect to marijuana, costing taxpayers outrageous sums to incarcerate nonviolent, otherwise responsible individuals-- as well as in this case -- the sick and infirm,” said Buckman. “As it stands, the case now allows a person who grows marijuana to be exposed to up to 20 years in jail, even if that marijuana is strictly for his or her own medical use. No fair reading of the law would ever sanction this result.”

Wilson’s conviction in January 2010 came just as New Jersey’s Compassionate Use Medical Marijuana Act passed into law. The state now recognizes MS as a qualifying condition for marijuana therapy; however, the state’s Medicinal Marijuana Program is not operational yet.

Depending on the outcome of the hearing, Wilson may be freed pending his appeal or must continue serving his sentence.  Wilson’s father, Ray, reports that John is scheduled to be transferred from CRAF to maximum security Northern State Prison in Newark, NJ to serve the rest of his sentence.

CONTACT: Ken WolskiChris GoldsteinWilliam Buckman www.cmmnj.org

In The Trenches

Veterans For Medical Cannabis Access Kicks Off Petition on White House "We The People" Site

For Immediate Release:

Veterans For Medical Cannabis Access Kicks Off Petition on White House "We The People" Site

The national Veterans service organization, Veterans for Medical Cannabis Access (VMCA), veteransformedicalcannabis.org on behalf of the Veterans across the United States has drawn up a petition to ask President Obama's administration to "Allow United States Disabled Military Veterans access to medical marijuana to treat their PTSD."

The petition may be viewed at the White House website:

http://wh.gov/4xd


Medicinal cannabis is recognized in DC and 16 states such as MD, OR and NM as having medical value including treatment for PTS(d) and TBI. Allies of the US in Iraq and Afghanistan - Canada, Czechoslovakia and Israel allow the use of cannabis to treat these injuries sustained in military service alongside US troops.

Co-founder of VMCA, Al Byrne, Lcdr. USN, ret. said, "I am a Virginia Veteran who uses cannabis for PTS. If I seek treatment in a VHA facility in Virginia the MD's and RN's can not even discuss this treatment option BECAUSE VIRGINIA LAW STILL DOESN'T ALLOW USE OF THIS IMPORTANT MEDICINE FOR PTS(d)  . If I seek the same treatment say, as a Veteran resident of Maine (where cannabis is legal medicine) they say welcome and thank you for your service."

VHA Directive 2010-035 of July 2010 states clearly that if a Veteran gets a recommendation for cannabis from a civilian health care provider in a state that allows the medicinal use of cannabis, then the VA health care providers must treat cannabis as a medicine and the Vet as a valued patient. In Virginia the Vet is not so valued and the medicine for their needs is banned.

Veteran care based on geography is wrong.  It is illogical.  It is not the practice of medicine it is the practice of politics on the wounded and it is shameful.

Contact:

Mike Krawitz
Disabled United States Air Force Sergeant
Executive Director Veterans For Medical Cannabis Access
[email protected]
www.veteransformedicalmarijuana.org

Al Byrne
COO and Co-founder
Patients Out of Time
[email protected]
www.medicalcannabis.com

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Pot leaf_20.jpg
Pot leaf_20.jpg

Santorum Attacks Perry on Medical Marijuana

States' rights can take a conservative Republican to some unexpected places, like supporting medical marijuana. Rick Perry is against medical marijuana but for allowing it as a states' rights issue, and Rick Santorum is attacking him for that.
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In The Trenches

Press Release: Elected Officials and Advocates Applaud Change to Marijuana Arrest Policy, Pledge Further Reform

For Immediate Release:

Assemblyman Hakeem Jeffries, And Council Members Melissa Mark-Viverito and Jumanne D. Williams Joined by Advocates in Front of Police Headquarters to Applaud Change in Policy for Marijuana Arrests

Policy Shift by NYPD Could End Tens of Thousands of Arrests in NYC, Save Tens of Millions of Dollars and Reduce the Funneling of Young Men of Color into the Criminal Justice System

Elected Officials and Advocates Affirm Support for Legislation in Albany that Standardizes Penalties for Marijuana Possession Offenses to Permanently Curb These Arrests Statewide

New York, NY– Assemblyman Hakeem Jeffries, Council Member Melissa Mark-Viverito and Council Member Jumaane D. Williams, joined by advocates from the Institute for Juvenile Justice Reform and Alternatives, VOCAL NY, and the Drug Policy Alliance, gathered in front of One Police Plaza today to celebrate an internal order issued by NYPD Commissioner Raymond Kelly to all precinct commanding officers to stop arresting New Yorkers for small quantities of marijuana if the marijuana was not in plain view.

In 2010, over 54,000 people – mostly black or Latino – were arrested for possessing small amounts of marijuana in New York State. Over 50,000 of those arrests occurred in New York City, making it the most frequent arrest citywide. On Monday, September 19th, responding to mounting public pressure from elected officials and advocates, NYPD Police Commissioner Ray Kelly issued an operations order that clarified existing marijuana possession laws, instructing officers not to arrest people for marijuana in public view when complying with an officer's demand to "empty their pockets". This change could lead to the reduction of tens of thousands of arrests in New York City.

"The internal directive issued by Commissioner Kelly is a positive step toward a more equitable criminal justice system that treats everyone the same, regardless of race or socioeconomic status,” said Assemblyman Hakeem Jeffries. “The NYPD's aggressive stop and frisk practices that have lead to the explosion of improper marijuana arrests in communities of color have helped poison the relationship between the community and police. We will continue to push for the passage of state legislation that changes public view possession of small quantities of marijuana from a misdemeanor to a violation.”

Commissioner Kelly’s operations order can be made permanent, and apply to all of New York State, by passing A.7620 (Jeffries) and S.5187 (Grisanti, R-Buffalo). This legislation would standardize penalties for marijuana possession offences, protect New Yorkers from illegal searches, save taxpayer dollars, and bring down the disproportionately high number of arrests among black and Latino men for marijuana-related crimes by eliminating the misdemeanor charge.

"The New York City Police Commissioner did the right thing when he issued his directive not to arrest people who produce small amounts of marijuana in public view when compelled by police," said  New York State Senator Mark Grisanti (R- Buffalo). "Unfortunately, this order does not impact people in Buffalo who experience these same situations every day. We can make this order permanent and have it apply statewide by passing legislation in Albany that will help put an end to these racially biased, fiscally wasteful, and unlawful arrests for small amounts of marijuana."

Council Member Mark-Viverito introduced a City Council resolution that Council Member Williams is sponsoring that supports the passage of this legislation.

“The directive issued by Commissioner Kelly is a huge victory for communities of color in the city of New York, who for years have been disproportionately targeted for small-time marijuana arrests” said Council Member Melissa Mark-Viverito.  “Finally, the NYPD will be respecting the intent of the State law that de-criminalized small amounts of marijuana decades ago, and our youth will no longer face arrest for this small-time offense.  I personally raised this issue with Commissioner Kelly at two different Council hearings earlier this year as a major concern for my district and communities like mine across the city.  I applaud the Commissioner for acting on the concerns that so many of us in the Council and beyond have been expressing about this policy.  We will continue to closely monitor how stop and frisk policies are carried out in our city and to advocate for the passage of the State legislation introduced by Senator Grisanti and Assemblyman Jeffries.”

Marijuana has been decriminalized since 1977, making possession of 25 grams or less of marijuana a violation, punishable by a $100 fine, not arrest and jail. However, possessing or burning marijuana in public view is a criminal offense punishable by arrest and jail.

"Commissioner Kelly has finally answered the alarm sounded by advocates and our communities,” said Council Member Jumaane D. Williams. “However, it will take continued vigilance on all of our parts to make sure that officers are patrol are heeding the message and bringing an end to the racial inequality and fiscal waste of this disturbing trend of illegal arrests. We also must continue to push for the bipartisan state legislation that will ensure this order is made permanent for all New Yorkers.”

Since 1996, the New York City Police Department has made over 535,000 arrests for possession of small amounts of marijuana. Although the “public view” provision was meant to criminalize public display and smoking of marijuana, most of these arrests were not for that offense, but instead the result of complying with an officer's demand to disclose contraband or from a police search and being improperly charged for "marijuana in public view" instead of the non-criminal violation offense. Although marijuana use is higher among whites, 86% of those arrested for marijuana possession were young Black and Latino youth.

Advocates who have worked for years to address the out of control marijuana arrests by NYPD weighed in on the significance of the recent directive.

“It must be noted that these spurious arrests are largely a result of a racially biased and improper stop and frisk practice that often result in illegal searches, and this order does not address this injustice,” said Kyung Ji Rhee, director of  Institute for Juvenile Justice Reform and Alternatives. “We will continue to hold NYPD accountable on this front.”

“It’s about time!,” said Ethan Nadelmann, executive director of the Drug Policy Alliance.  “I just want to give a belated thanks to Ray Kelly for agreeing at last to comply with both the spirit and letter of the marijuana decriminalization law that New York enacted back in 1977.”

"We can't talk about marijuana arrests without bringing up why they happen in the first place - stop and frisks and illegal searches that are targeted in communities of color," said Alfredo Carrasquillo, a community organizer for VOCAL-NY who has been arrested in the past for marijuana possession. "That won't necessarily change as a result of this new policy, but it should. Mayor Bloomberg must also seal the records of people who have been convicted of possessing small amounts of marijuana in the past given that he knows how difficult it can make finding a job or housing."

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A Rally & Concert to End the War on Drugs

 

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