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Marijuana: Hawaii Senate Passes Three Different Reform Measures

The Hawaii legislature has overwhelmingly passed not one, not two, but three different marijuana reform measures -- two dealing with medical marijuana and one with decriminalization. Now, the Aloha State needs a strong showing in the House to avert a likely gubernatorial veto attempt.
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Chronicle
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Chronicle

Feature: Senate Judiciary Committee Unanimously Passes Bill to Reduce Crack/Powder Cocaine Sentencing Disparity

The Senate Judiciary Committee has unanimously approved a bill that would reduce -- but not eliminate -- the infamous sentencing disparity between federal crack and powder cocaine offenses. The House Judiciary Committee has already passed a similar measure that would completely eliminate the disparity. Now it is up to the House and Senate leadership to get those bills to a floor vote, and advocates say it is the House bill that should move.
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Chronicle
In The Trenches

Press Release: Senate Judiciary Votes to Reform Federal Crack Law

FOR IMMEDIATE RELEASE     
Date:  March 11, 2010                                       
Contact: [email protected]              
 

BREAKING NEWS:
Senate Judiciary Votes to Reform Federal Crack Cocaine Sentencing Policies
Eliminates first mandatory minimum since Nixon Administration

WASHINGTON, D.C. – Moments ago, the U.S. Senate Judiciary Committee unanimously passed a bill that would reduce the sentencing disparity between federal crack and powder cocaine offenses. 

The bipartisan vote to approve an amended version of Senator Richard Durbin’s (D-Ill.) bill, S. 1789, acknowledged that disparate sentencing policies enacted for federal crack cocaine offenses in 1986 have had a negative impact on the nation’s criminal justice system. 

The amended bill would reduce the ratio between crack and powder cocaine from 100:1 to 20:1 and direct the U.S. Sentencing Commission to enhance penalties for aggravating factors like violence or bribery of a law enforcement officer.  Significantly, the bill also would eliminate the mandatory minimum sentence for simple possession of crack.

“This is an exciting vote, but also disappointing.  We hoped the Committee would go further in making crack penalties the same as powder.  There was no scientific basis for the 100:1 disparity between crack and powder cocaine created 24 years ago, and there is no scientific basis for today’s vote of 20:1 ,” said FAMM President Julie Stewart. “However, if this imperfect bill becomes law, it will provide some long-overdue relief to thousands of defendants sentenced each year.

With regard to the bill’s provision that would eliminate the mandatory sentence for simple possession of crack, Ms. Stewart stated, “If enacted, this legislation would repeal a mandatory minimum law for the first time since the Nixon administration.”

Under the Senate’s proposed 20:1 ratio, a conviction for 28 grams of crack cocaine will trigger a five year prison sentence and for 280 grams of crack a 10 year sentence.   The 20:1 ratio could affect an estimated 3,100 cases annually, reducing sentences by an average of about 30 months.  The bill would not, however, reduce sentences for those currently incarcerated for crack offenses.  Impact of the amendment’s other provisions has not yet been calculated. 

The House Judiciary Committee passed its own crack cocaine sentencing reform bill on July 29.  H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009, introduced by Congressman Robert “Bobby” Scott (D-V.A.), removes references to “cocaine base” from the U.S. Code, thus treating all cocaine, including crack, the same for sentencing purposes.

Families Against Mandatory Minimums is a national nonprofit, nonpartisan organization supporting fair and proportionate sentencing laws that allow judicial discretion while maintaining public safety.  For more information on FAMM, visit www.famm.org or contact Monica Pratt Raffanel at [email protected]

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In The Trenches

LEAP's Dispatches from the Front Line...March 2010

                                                            March 2010

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Anyone Can Join!



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Dear friends:

Freedom of speech is an invaluable and fundamental element of democracy, and LEAP's speakers are committed to speaking out about their personal experiences serving in the "war on drugs."  Recently, active duty Canadian police officer and LEAP speaker David Bratzer was scheduled to speak on a panel at a City of Victoria harm reduction forum.  Victoria Police Department leadership intervened, ordering Bratzer not to speak at the forum. 

Constable Bratzer has spoken policy about drug policy on many occasions, including a Senate Committee meeting in Ottawa.  He speaks on his own time, out of uniform, and always clearly states that his views do not reflect those of the Victoria Police Department, but the department said people would be "confused" if Bratzer were to speak on an issue of public policy at the forum. 

The criticism of harmful and ineffective drug policy by the law enforcement professionals tasked with upholding these policies serves the public interest.  It is crucial to protect the rights of law enforcers to publicly express their views on drug prohibition, especially in relation to harm reduction.  If you believe censorship is unfair, please visit
www.CopsSayLegalizeDrugs.com/FreeSpeech and add your name to the petition supporting cops like David Bratzer who speak out against unjust and ineffective drug policies even while they risk their lives enforcing them.

LEAP is at the forefront of drug policy reform, and our speakers have a credibility that cannot be ignored.  Recently, an anonymous donor pledged to match, dollar for dollar, all donations made to LEAP up to $50,000.  This is a wonderful vote of confidence in LEAP and a perfect opportunity for you to see your donation doubled!  Please support our work by making a contribution to LEAP today.  Here are just a few of the issues our speakers have been working on…

-LEAP Staff

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Slowly, Limits On Pot Are Fading


USA Today speaks to Judge Jim Gray in a front-page feature article

James Gray once saw himself as a drug warrior, a former federal prosecutor and county judge who sent people to prison for dealing pot and other drug offenses.  Gradually, though, he became convinced that the ban on marijuana was making it more accessible to young people, not less. 

"I ask kids all the time, and they'll tell you it is easier to get marijuana than a six-pack of beer because that is controlled by the government," he said, noting that drug dealers don't ask for IDs or honor minimum age requirements. 

So Gray -- who spent two decades as a superior court judge in Orange County, Calif., and once ran for Congress as a Republican -- switched sides in the war on drugs, becoming an advocate for legalizing marijuana.

To continue reading the article on Judge Jim Gray, please
click here.

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Vote to Change Drug Policy in America

LEAP speaker and former U.S. Navy Intelligence Specialist Larry Talley's idea - legalize the medicinal and recreational use of marijuana - is currently in first place in Change.org's Top 10 Ideas for Change in America, a national competition to select the best ideas from across the country and turn them into reality.  Please take a moment to read Larry's idea and cast your vote! Voting ends on March 12.


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Fighting a Losing Battle

Peter Christ
in The Leader-Herald

After 20 years in law enforcement, Peter Christ is familiar with the war on drugs.
Christ said as a police officer, drug arrests were the only arrests that made no difference to his community. When the media speaks of drug-related violence, he said, what's really happening is money-related violence. Eliminate one kingpin of the drug trade in a certain area and violence escalates until a new one is found, he said.

"It's a failed policy," he said. "You arrest one, but the market is so big and there's so much money there that their spot gets filled quick."

Christ pointed out that even prisons are not drug-free. He said the war on drugs is simply another word for prohibition, and because of free choice, prohibition simply does not work.

"If people want to do something, they're going to find a way to do it," he said. "If we can't even keep drugs out of prison, how can we keep them out of a free society?"

To read the complete article on Peter Christ, please
click here.


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The Fake Weed Fight

The American Prospect speaks to Norm Stamper

The Prospect asked LEAP member and former Seattle police chief Norm Stamper a few questions about liberalizing drug policy, K2, and what fake pot suggests about a misguided war on drugs.

When people think about police chiefs, liberalization of drug policy is probably not the first thing that jumps to mind. So why are you against drug prohibition, and what prompted you to join LEAP?

My first epiphany was back when I was a rookie beat cop back in San Diego. I had arrested a 19-year-old, a young man who was in possession of marijuana, not a saleable amount, in his own home. But given the circumstances, I kicked in his door, I chased him to his toilet, I scooped up a handful of soggy seeds and stems and a few leaves. And I took him to jail.

On the way to jail, he's sitting in the backseat, and I'm thinking, "My God, I could be doing real police work." And it kind of hit me like a ton of bricks. I'm going to spend a couple hours, minimum, writing case reports, an arrest report, impounding the pot, and booking him into jail. . .

 To continue reading Norm Stamper's interview, please
click here.

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while having fun?

Join the LEAP Rapid Response Team to help shape the conversation around the world.

It is easy, quick and can be done from home.

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LEAP's Top Bookers

LEAP is fortunate to have incredibly dedicated volunteers.  Over the past three months we have been running a contest to see which of our volunteer venue bookers could secure the most presentations for LEAP, and we are pleased to announce the winners:

Matthew Rifkin, First Place

Hilo, Hawaii

Favorite thing about booking for LEAP: "Telling people who I call that a police officer wants to talk about legalizing drugs… say WHAT?"


Katharine Celentano, Second Place (tied)

Irvington, New York

Favorite thing about booking for LEAP: "Impossible to choose, as there are so many excellent arguments for legalization and so many reasons why LEAP is integral to ending prohibition.  What originally sparked my interest: the criminalization of addiction - a health condition - is cruel and ineffective, an egregious trespass on human rights and dignity.  Booking for LEAP partially eases the heartbreak of watching what some of my friends have gone through.  I feel an urgent need to be part of the solution, and helping LEAP is part of that solution."

Lindsay Akin, Second Place (tied)

Heflin, Louisiana

Favorite thing about booking for LEAP: "The feeling of accomplishment I get from knowing we are truly making a difference.  I could not be more proud to be a part of this organization."


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Remembering Jerry Paradis

We are all saddened to say goodbye to Law Enforcement Against Prohibition board member Judge Jerry Paradis, who passed recently from cancer. Jerry's rare combination of expertise and compassion will be impossible to replace.

Having presided over 1,000 drug-related cases in the Provincial Court of British Columbia before his retirement in 2003, he came to realize that drug policy, not simple drug use, was responsible for so much unnecessary death, disease, crime and addiction. Working within the constraints of the legal system he was able to combine his sensible, empathetic side with the intellectual rigors of jurisprudence.

Above all, Jerry was a kind, thoughtful and supportive friend. He had a wonderful, down to earth quality that made people gravitate to him and respect his judgment. He played a pivotal role in stabilizing LEAP and helping it to remain vibrant.

He will be missed.

- Jack Cole, Executive Director


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

All of this work happens because of generous donations from our supporters.
Your gift to LEAP is tax-deductible.
Donate now to show your commitment to ending the war on drugs.

           

121 Mystic Ave. Suites 8&9
Medford, MA 01255
(781) 393-6985
[email protected]

Law Enforcement Against Prohibition is an ever-expanding group of criminal justice professionals and civilian supporters calling for an end to the war on drugs. Trained criminal justice professionals are available to speak to your club or association about their experiences in the drug war and the need to create drug policies that stand the test of reason. Invite a speaker to your town today.

You received this e-mail because you are a supporter of Law Enforcement Against Prohibition.   We need help growing our all-encompassing movement of citizens who want to end the failed "war on drugs," so please invite your family and friends to learn about LEAP.

 
In The Trenches

The DEA is Going Rogue!

You Can Make a Difference

 

Dear friends,

Donate today and help us end DEA abuses. 

Donate
Donate Now

Even a directive from the president hasn’t stopped the DEA from bullying the medical marijuana community.  Help us hold the DEA accountable by donating today.

Last month, DEA agents raided the home of a Colorado medical marijuana supplier who was providing sick people with the medicine they need.  The raid came months after President Obama told federal law enforcement to stop arresting people who grow or supply medical marijuana in states where it’s legal.

We’re determined to end the harassment of medical marijuana patients and providers.  By making a donation today, you can help hold the DEA responsible for its abuses. 

The DEA is defying the president’s directive on medical marijuana under the watchful eye of acting director Michele Leonhart, a Bush administration holdover and drug war zealot.  We're mounting a campaign to block her from becoming the permanent head of the DEA.

With your generous support, we can take the power to halt progress out of Michele Leonhart's hands.  Donate today and help us demand an appointee who will approach our nation’s drug issues with reason, science and compassion.

Sincerely,

Bill Piper
Director, Office of National Affairs
Drug Policy Alliance Network

 

In The Trenches

Press Release: More States Embrace Marijuana Decriminalization

FOR IMMEDIATE RELEASE                                                                                                                                 

MARCH 10, 2010

More States Embrace Marijuana Decriminalization

Measures to impose a fine for marijuana possession make key advances this month in New Hampshire, Hawaii, and Vermont

CONTACT: Mike Meno, MPP assistant director of communications …………… 202-905-2030

WASHINGTON, DC — With numerous states facing significant budget shortages, legislators and voters across the country this month have been giving overwhelming support to measures that would reduce the penalty for possession of small amounts of marijuana to a civil fine.

         Yesterday in New Hampshire, the state House voted 214-137 to pass H.B. 1653, a bill that would reduce the penalty for possession of up to a quarter-ounce of marijuana with a civil fine of up to $200.

         In Hawaii, the state Senate voted 22 to 3 on March 2 to pass SB 2450, a bill that would eliminate criminal penalties for the possession of up to one ounce of marijuana and replace them with a civil fine of up to $300 for a first offense and $500 for a subsequent offense.

         And in Vermont, 72% of voters in Montpelier approved a non-binding ordinance asking the state legislature “to pass a bill to replace criminal penalties with a civil fine for adults who possess a small amount of marijuana.”

         “Taken together, these developments demonstrate how an increasing number of voters and lawmakers across the country no longer support the notion that otherwise law-abiding citizens should be arrested, slapped with a criminal record and possibly thrown behind bars, simply for choosing to use a substance that is safer than alcohol,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project. “We know from efforts in other states that decriminalizing the possession of small amounts of marijuana allows police to focus on more serious crimes and also produces a net financial gain through saved law-enforcement costs and the revenue generated by civil fines. Lawmakers everywhere should take heed of these examples, especially in these troubled economic times.” 

         Currently 12 states have laws that reduce the penalties for possession of small amounts of marijuana to a civil fine. A decriminalization bill in Rhode Island is co-sponsored by 48% of House members.  

         With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.mpp.org.

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Blog

Long-time Drug Warrior Changes His Mind, Supports Medical Marijuana and Decriminalization

John J. Dilulio Jr. once coauthored a 1996 book entitled Body Count: Moral Poverty...And How to Win America's War Against Crime and Drugs. The other two authors were Bill Bennett and John Walters, both former drug czars and infamously rabid prohibitionists. I haven't read the book, but I'm sure it's a thick serving of ugly drug war propaganda.

And I'm sure it sounds nothing like what Dilulio wrote this month in Democracy Journal:

… legalize marijuana for medically prescribed uses, and seriously consider decriminalizing it altogether. Last year there were more than 800,000 marijuana-related arrests. The impact of these arrests on crime rates was likely close to zero. There is almost no scientific evidence showing that pot is more harmful to its users’ health, more of a "gateway drug," or more crime-causing in its effects than alcohol or other legal narcotic or mind-altering substances. Our post-2000 legal drug culture has untold millions of Americans, from the very young to the very old, consuming drugs in unprecedented and untested combinations and quantities. Prime-time commercial television is now a virtual medicine cabinet ("just ask your doctor if this drug is right for you"). Big pharmaceutical companies function as all-purpose drug pushers. And yet we expend scarce federal, state, and local law enforcement resources waging "war" against pot users. That is insane.

Well, it certainly is and Dilulio deserves credit for his candor, particularly given the likelihood of hugely pissing off his former colleagues (not that they don't deserve it). I hope we hear more from him, both because there's nothing more powerful than former drug warriors speaking out for reform, and because I'm just intensely curious if there were specific events or observations that triggered the evolution of his thinking on these issues.

Moments like this illustrate something powerfully important: any of our opponents could come around at any time. Most won't, and predicting who will is probably impossible, but recognizing that any of these people could potentially end up on our side someday is instructive in terms of how we might choose to interact with them on the rare occasions that big-time drug warriors emerge from their bunkers for public engagement.

It's so easy to just hate the hell out of these people that want to put us in jail, that lie reflexively and professionally, and that preside over monumental injustices with smug callousness. But we have nothing to gain by loathing them and much to lose if our frustration betrays opportunities to build bridges that could one day foster further defection from the ranks of the great drug warrior army.

As the war on drugs continues to cascade out of favor with academics, politicians and the public, those whose careers have been defined by defending it will suffer the greatest disillusionment and may soon crave the embrace of the kind, generous and forgiving people they spent so many years trying to destroy. It would serve our interests well to make it clear that they are always welcome among us.
Blog

Marijuana: New Hampshire House Passes Decriminalization Bill, But Without Veto-Proof Majority

The New Hampshire House Wednesday voted 214-137 to decriminalize the possession of small amounts of marijuana, but the measure faces an uncertain future after Gov. John Lynch (D) immediately threatened to veto it. The House tally leaves supporters about 20 votes short of a veto-proof majority. Under the bill, HB 1653, adults caught possessing or transporting up to a quarter-ounce of pot would be subject to a $400 fine. Minors caught with a quarter-ounce or less would be subject to a $200 fine and their parents would be notified. Youthful offenders would also have to complete a drug awareness program and community service within a year or face an additional $1000 fine. Under current New Hampshire law, small-time pot possession is a misdemeanor punishable by up to a year in jail and a $2,000 fine. The House passed a similar measure in 2008, but it died in the Senate after Gov. Lynch threatened to veto it. Last year, the House dropped decrim and instead concentrated on passing a medical marijuana dispensary bill. Lynch vetoed that. The House overrode his veto, but the Senate came up two votes short. Lynch was back in form on Wednesday. "Marijuana is a controlled drug that remains illegal under federal law. I share the law enforcement community's concerns about proliferation of this drug," Lynch said. "In addition, New Hampshire parents are struggling to keep their kids away from marijuana and other drugs. We should not make the jobs of parents — or law enforcement — harder by sending a false message that some marijuana use is acceptable." “This makes three years in a row that the House has passed a bill attempting to reform New Hampshire’s archaic marijuana policies,” said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy, which led the lobbying fight for the bill. “Unfortunately, Gov. Lynch has continued to show little interest in learning what the House has learned about these issues. The bill now goes to the Senate. But unless advocates can pass it overwhelmingly there and come up without another 20 or so votes in the House, it is likely to meet the same fate as the 2009 decrim bill and last year's medical marijuana bill.