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In The Trenches

Veterans Affairs Continues to Forbid Doctors to Recommend Medical Marijuana to PTSD Patients

FOR IMMEDIATE RELEASE                                                                                                     

MARCH 4, 2010

Veterans Affairs Continues to Forbid Doctors to Recommend Medical Marijuana to PTSD Patients

VA refuses to recognize marijuana as an effective medicine, proven to relieve PTSD symptoms suffered by the men and women who defend our nation

CONTACT: Kurt A. Gardinier, MPP director of communications …………… 202-215-4205 or 202-905-0738

WASHINGTON, D.C. — Despite widespread evidence showing medical marijuana to be a safe and effective treatment for post-traumatic stress disorder, the U.S. Department of Veterans Affairs forbids all VA doctors from recommending medical marijuana to veterans, even in the 14 states where medical marijuana is legal.

         The VA policy is based on advice from the Drug Enforcement Administration, which has long-supported keeping marijuana in the Schedule I classification reserved for substances with no accepted medical use, placing it alongside substances like heroin and LSD. A 2008 study by the RAND Corporation showed that 20 percent of soldiers returning home from Iraq and Afghanistan suffer from PTSD. A 2007 study in the Journal of Traumatic Stress found that marijuana can be an effective treatment for severe PTSD symptoms.

         In New Mexico, PTSD is the most common affliction treated among those enrolled in the state’s medical marijuana program, according to the New Mexico Dept. of Health. One such patient is Army Veteran Paul Culkin, who served in Iraq as a staff sergeant with the Army’s bomb squad and now heads the New Mexico Medical Marijuana Patient’s Group.

         “As a country, we are committed to providing the best equipment and weapons to our servicemen and women on the battlefield. Similarly, our soldiers should be offered the best and most effective medical treatments when we return home, but this is simply not the case,” Culkin stated. “Marijuana is a proven and legitimate medicine and the VA needs to start listening to the scientific facts.”

         According to University of Albany clinical psychologist Dr. Mitch Earleywine, “It is an outrage that the men and women who risk their lives keeping us free are now forced to risk their own freedom to obtain a medicine they feel works best to treat their PTSD. Marijuana can be an effective medicine for some key symptoms of PTSD. There is no question that our country’s bravest should have safe access to it.”

         To set up an interview with Paul Culkin or Mitch Earleywine contact Kurt A. Gardinier at 202-215-4205.

         With more than 124,000 members and subscribers 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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In The Trenches

Hawaii Senate Overwhelmingly Passes Three Bills to Improve Marijuana Laws



FOR IMMEDIATE RELEASE                                                                                                     

March 3, 2010

Hawaii Senate Overwhelmingly Passes Three Bills to Improve Marijuana Laws

Measures would expand state’s medical marijuana law and reduce the penalty for possession of one ounce to a civil fine

CONTACT: Kurt A. Gardinier, MPP director of communications …… 202-905-0738 or [email protected]

HONOLULU, HAWAII — Yesterday, the Hawaii Senate passed by overwhelming, veto-proof margins three measures that will greatly improve marijuana laws in the state:

SB 2213 passed 20-4, with one excused. This bill would allow counties to license medical marijuana dispensaries.

SB 2141 passed 24-1. This bill would increase the ratio of plants, ounces and caregivers allowed for each medical marijuana patient.

SB 2450 passed 22-3. This bill would remove 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.

         The bills now go to the state House.

         “These votes show that Hawaii’s Senate supports sensible marijuana policies that will serve the best interests of state citizens,” said Eric M. McDaniel, a legislative analyst with the Marijuana Policy Project. “Hawaii’s most vulnerable citizens deserve safe and reliable access to their medicine, and no Hawaiian deserves to go to jail simply for using a substance that is safer than alcohol. If House members agree, I would strongly encourage them to pass these measures as well.”

         The Drug Policy Forum of Hawaii, headed by Pamela Lichty and Jeanne Ohta, and the Peaceful Sky Alliance, headed by Matt Rifkin, played crucial roles in getting these measures through the Senate.

         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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In The Trenches

New Reports Find Trend in Reform Policies, Prison Downsizing

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Announcement

Sentencing Project


The Sentencing project releases two new reports

fiscal crisis and record incarceration spur trend in prison downsizing

·         4 states - KS, MI, NJ, NY - reduced prison populations by 5-20% since 1999

·         At least 19 states adopted policies in 2009 that promote prison population reductions through sentencing, probation and parole reforms, and reexamining effective public safety


As states grapple with the fiscal crisis and confront costly and overburdened criminal justice systems, two reports released today by The Sentencing Project offer roadmaps to successful prison downsizing that maintain public safety. The reports document a growing trend to reform sentencing policies and scale back the use of imprisonment in order to control spending. 

"Downscaling Prisons: Lessons from Four States," released by Justice Strategies and The Sentencing Project, finds that four states - Kansas, Michigan, New Jersey, and New York - have reduced their prison populations by 5-20% since 1999 without any increases in crime. This came about at a time when the national prison population increased by 12%; and in six states it increased by more than 40%.  The reductions were achieved through a mix of legislative reforms and changes in practice by corrections and parole agencies. The reforms included:

·         Kansas - Changed sentencing guidelines to divert lower-level drug cases to treatment rather than incarceration; Expanded supportive services to people on parole supervision.

·         Michigan - Eliminated most mandatory minimum sentences for drug offenses; enacted statewide initiative to reduce parole revocations and enhance employment, housing, and treatment services for people leaving prison.

·         New Jersey - Increased parole releases by adopting risk assessment instruments and utilizing day reporting centers and electronic monitoring.

·         New York - Scaled back harsh drug penalties, established Drug Treatment Alternative to Prison programs, and applied "merit time" credits to speed up parole consideration.

Other states have joined this trend, and 2009 proved to be a high mark for such reforms.  The Sentencing Project's report, "The State of Sentencing 2009: Developments in Policy and Practice," by Nicole D. Porter, highlights reforms in at least 19 states that hold the potential of further prison population reductions. Key among these reforms are:

·         Three states - Minnesota, New York, and Rhode Island - significantly scaled back the scope of mandatory sentencing laws for certain drug offenses.

·         Seven states increased the proportion of "good time" credits to be earned in prison to expedite parole eligibility.

·         Four states Arkansas, Illinois, Nebraska and New Jersey - established oversight committees to examine sentencing policies, prison overcrowding and reentry services.

Figures recently released by the U.S. Bureau of Justice Statistics document a record prison and jail population of 2.3 million as of 2008, but also indicate that the population in state prisons is stabilizing.  Overall, 20 states achieved at least modest reductions in their prison populations between 2007 and 2008.

Access the reports at www.sentencingproject.org or click the links below:

"Downscaling Prisons: Lessons from Four States"

"The State of Sentencing 2009: Developments in Policy and Practice"

 

The Sentencing Project | 514 Tenth Street, NW | Suite 1000
Washington, DC 20004 | 202.628.0871 | Send an email to The Sentencing Project.

The Sentencing Project is a national organization working for a fair and effective criminal justice system by promoting reforms in sentencing law and practice, and alternatives to incarceration.

In The Trenches

ACTION ALERT: Statewide Bill Threatens Patient Rights

On Thursday, March 4, starting at 1:30pm, the Colorado State Legislature will hear the first reading of a bill which seeks to regulate dispensaries-- and weaken patient rights.  This bill, HB 1284, which was largely authored by law enforcement, threatens to cripple the state medical marijuana law in a number of ways. (Note a version of this bill will be posted on our website shortly.)

 

Here are a few of the most damaging provisions of the bill:

 

  • Prohibits patients from living near schools.  Patients could not possess medicine within 1000 feet of a school, which means patients could not live near schools.
  • Patients could not join together with family members or others to share grow space.
  • Would allow cities and towns to ban dispensaries-- forcing sick patients to "get on the bus" to find medicine.

 

Here's how you can help fight HB 1284

 

Attend the Thursday Hearing.  Legislators need to hear from patients and professionals about how damaging HB 1284 will be.  This Hearing should begin around 1:30 at the State Capitol in Denver in the Old Supreme Court Chambers (2nd floor).  Please show up, dress nice, and spread the message to "vote no on HB 1284."

 

Call your state legislator

 

Every state legislator should hear how bad HB 1284 is.  You can find and contact your state legislators here.  Note you will need to enter your nine digit zip code to find your state rep and senator.  Find your full zip code here.
In The Trenches

ENCOD Statement to the Malaysian government

Brussels, 4 March 2010 To: Yang Amat Berhormat Dato’ Sri Mohd Najib Bin Tun Abdul Razak Prime Minister of Malaysia Dear Excellency, Today we write to you as European citizens concerned with the impact of global drug policies, with an urgent request. We believe the death sentence that is applied to drug law offenders in Malaysia is an inappropriate measure, and would like to offer you our collaboration in identifying better solutions to the drug problems in your country. With certain regularity, reports appear in the Malaysian press on people being sentenced to death for the possession of illegal drugs, including cannabis. The exact number of those who are actually brought to death remains unknown. Human rights organisations estimate that currently some 300 convicted prisoners await execution on death row, most of them for drug-related offences. These sentences clearly violate international standards for a fair trial. The presumption of guilt and the mandatory death sentence in drug cases places the charge on the accused to prove his or her innocence and leaves a judge with no discretion over the sentence. Competent legal assistance is unavailable to many of those people, leaving them with little capacity to mount a defence at any stage of the proceedings. UN human rights bodies have concluded that drug offences fail to meet the condition of “most serious crime”, under which the death penalty is allowed as an “exceptional measure”. We are aware of the argument that drugs cause problems in Malaysian society. However, we doubt that these problems will be solved by harsh punishments, let alone executions of drug offenders. Malaysia, like any other country in the world, is not and never will be 100 % drug-free. As long as people in Malaysia want to consume drugs, other people will continue to supply them. Because of the fact that drugs are prohibited, drug trafficking is the core business of criminal organizations that in most cases operate internationally. The people who are occasionally caught by authorities with relatively small amounts do not have major responsibilities in this business. Killing them will not scare the drug gangs away. On the contrary: thanks to these harsh punishments, the leaders in the drug business can continue to justify extraordinary high prices for their goods,. Thus it maintains a vicious circle of violence and danger. On the other hand, it is important to make a serious assessment of the problems that drugs may or may not cause. Cannabis for instance is a plant, a natural product, a non-lethal substance. Its consumption has been widespread around the world for thousands of years among many different cultures and people. All these people do not use cannabis because it endangers their health or wellbeing, but rather because they experience the opposite. According to increasing amounts of scientific evidence, the so-called dangerousness of cannabis has been largely exaggerated and driven by moral in stead of rational considerations. The prohibition of cannabis was installed and promoted worldwide by Western countries, especially the USA, during a period in which they dominated the world. Meanwhile, in most European countries, cannabis possession for personal consumption is not penalised anymore. In a growing number of states in the USA, major law changes are taking place that legally regulate the cultivation and distribution of cannabis to adults for medicinal purposes. It would be extremely sad to see Malaysia continue executing people found in possession of cannabis, while the countries that have installed its prohibition have come to the insight that this is a useful substance whose consumption can be perfectly integrated in society. In Europe, during the past decades, we have been able to compare the results of different, sometimes opposing drug policies in societies that are similar in demographical, material and socio-cultural development. The conclusion is that drug policies, whether they are repressive or flexible, have a very minor impact on the drug phenomenon itself. In countries where authorities are relatively tolerant, the use of drugs may be lower than in neighboring countries where policies are more repressive. Another conclusion is that drugs-related harms can only be reduced by effective social and health policies. Innovative strategies for reaching out to the affected population and reducing the harms related to drug use are needed. The harsh implementation of drug law enforcement is an impediment to the introduction of these strategies. For these reasons, we are convinced that the death penalty is actually counterproductive to efforts to reduce the harm caused by drugs. We call upon your wisdom to apply principles of sound governance and let Malaysia join the majority of nations by declaring a moratorium on executions with a view to total abolition of all death sentences for drug offenses, as called for by the United Nations. We offer you our kind co-operation in transmitting knowledge and experience of public health policies that have proven effective in addressing drug-related problems. Sincerely yours, Marisa Felicissimo, Fredrick Polak, Jorge Roque and Antonio Escobar Members of the Steering Committee of the European Coalition for Just and Effective Drug Policies
In The Trenches

DEA Marijuana Seizures Nearly Double As Marijuana Production in Mexico Grows by 35%

FOR IMMEDIATE RELEASE                                                                                                     

March 3, 2010

DEA Marijuana Seizures Nearly Double As Marijuana Production in Mexico Grows by 35%

Officials continue to waste money on futile attempts to stem production and violence, ignoring the only solution: a regulated marijuana market

CONTACT: Aaron Houston, MPP director of government relations …… 202-905-2009 or [email protected]

WASHINGTON, D.C. — The total amount of marijuana seized by the Drug Enforcement Administration nearly doubled from 1,539 metric tons in 2008 to 2,980 metric tons in 2009, according to numbers disclosed by the DEA as part of their budget request for 2011.

         Meanwhile, the cultivation of marijuana in Mexico rose 35% in 2009 to nearly 30,000 acres, according to a report released by the U.S. State Department. The report also revealed that between $8 and $25 billion in drug profits were laundered by Mexican drug lords during the same period.

         “When is the United States government going to realize that they will never eliminate the demand for marijuana, but they can regulate its production?” said Aaron Houston, MPP director of government relations. “These latest numbers confirm that the only thing an increase in the amount of marijuana seizures by the DEA will do is force more marijuana to be grown by gangs in Mexico, lining the pockets of drug cartels, and further fueling the bloodshed along our border and in our respective countries. The only real solution to this crisis is to tax and regulate marijuana.”

         These latest figures come just days after high-ranking officials from the U.S. and Mexico concluded a three-day conference meant to outline ways the two nations could reduce the illicit drug-trade-associated violence that continues to plague the U.S.-Mexican border. Unfortunately, the obvious and sensible strategy of taxing and regulating marijuana was not mentioned. The Obama administration instead opted to throw more money at the problem in the form of a $1.4 billion aid package to combat Mexican drug cartels. The Obama administration is also seeking $310 million in its 2011 budget for drug enforcement aid to Mexico. 

         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 mpp.org.

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How Can We Stop Drug Gangs From Growing Pot in the Woods? Legalize Pot

One of the most embarrassingly mindless trends in the mainstream media's marijuana reporting is that of publishing one redundant story after another about the explosion of illegal outdoor cultivation in our national parks, while failing entirely to diagnose why it's happening and how it might be prevented: 

Pot has been grown on public lands for decades, but Mexican traffickers have taken it to a whole new level: using armed guards and trip wires to safeguard sprawling plots that in some cases contain tens of thousands of plants offering a potential yield of more than 30 tons of pot a year.

"Just like the Mexicans took over the methamphetamine trade, they've gone to mega, monster gardens," said Brent Wood, a supervisor for the California Department of Justice's Bureau of Narcotics Enforcement. He said Mexican traffickers have "supersized" the marijuana trade. [AP]

This Associated Press report is over 1,200 words long, yet does not contain one single idea for addressing the problem. Not even a stupid hopeless drug war idea like "we need more funding for eradication," or "we need to get everyone to stop using marijuana." Apparently, the AP is simply content to point out to us that our most precious natural resources are being slowly destroyed by Mexican marijuana cartels and there isn't a damn thing anyone can do about it.

But, of course there is. Illegal outdoor marijuana growing will immediately end the instant it becomes legal for Americans to grow their own marijuana on private property. People don't plant pot in remote wilderness because they like to go hiking. The reason they do it is obvious, but not so obvious that the AP should be forgiven for writing so much without mentioning it.

Marijuana is illegal and until that changes, the problems associated with it will get worse every year. Keep that in mind. As devastating as our marijuana laws are today, they are actually causing greater and greater harm the longer they continue.
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Debate: Should 'K2' Synthetic Marijuana be Made Illegal?

Calvina Fay of the Drug Free America Foundation says to ban it immediately and ask questions later:

Research has linked naturally produced marijuana to health issues, including schizophrenia. With synthetic marijuana being even more potent, it is frightening to consider its potential damage.
…
Increasing numbers of children are purchasing synthetic marijuana products because they are legal and easier to obtain than cigarettes.
…
Let's face it: Anytime you consume an uncontrolled or unregulated drug or a drug with unknown effects, you are taking a risk. Products like K2 are not made in a controlled environment, and those who use it are playing Russian roulette.
…
The U.S. should move urgently to protect the public from yet another dangerous and potentially deadly class of drugs. [CNN]

Grant Smith of the Drug Policy Alliance says to take a deep breath and remember that prohibition never delivers on its promises:

When lawmakers consider regulating K2, they should keep in mind that the government has waged a futile war against marijuana and people who use the drug for decades.
…
Time and time again, elected officials have dropped the ball when it comes to regulating drugs. Lawmakers have preferred to lazily pass the responsibility of controlling a drug on to law enforcement and the criminal justice system.

The problem is, we know from marijuana prohibition that law enforcement has no control over the drug market and the criminals who run it. Criminalizing K2 will only worsen the devastating harm our society already suffers under drug prohibition. Rather than regulation of the supply and ingredients of K2, criminalization leaves the question of what goes into the product up to drug dealers.

Rather than passing regulations that bar K2 sales to minors, criminalizing K2 will essentially give dealers the green light to sell the product to whomever they please. [CNN]

Nice job, Grant. You win. Every valid concern that exists here is better resolved by regulation than prohibition. If you don't want young people buying it, you can pass age limits. If you're concerned about what's in it, you can require more accurate labeling. If you don't want it sold in certain areas, you can use zoning laws to establish appropriate locations. Or, if you'd prefer to have no control over it at all, you can ban it altogether and let criminals make all these decisions.

Pay attention, folks. The effort to ban synthetic marijuana products could be coming to your state before you know it and it's up to you to tell your legislators that regulation is the best approach. This fight could play out 50 different times and we'll win in more states if we start thinking about it now.
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More on Police Dept. Blocking Officer From Speaking About Legalization

As I mentioned yesterday, LEAP speaker David Bratzer has been ordered by the Victoria Police Dept. not to speak at a city-sponsored harm reduction event. If they thought they could silence the case for legalization, their plan backfired:  

I agree with Pete Guither that it's a great segment. No matter what you think about drug policy, it just seems stupid and cowardly to deny this man his chance to speak. When opponents of legalization start resorting to this sort of petty obstructionism, it doesn’t exactly reflect confidence. If the drug war is so frickin' great, it should be easy enough to defend it without attempting to silence its critics.
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Former Cop Says Mayor Calvo Should Stop Complaining About the Killing of His Dogs

Check out this letter in The Baltimore Sun from an ex-cop who's pissed off about Cheye Calvo's efforts to monitor the use of SWAT teams. The writer apparently thinks police should be free to use as much violence as they choose without having to explain themselves to angry innocent citizens whose pets they kill.

Radley Balko picks the whole thing apart masterfully, resulting in a rather useful point-by-point refutation of all the most common defenses of constantly using SWAT teams for everything. There isn’t much else to say except that it still amazes me that anyone would dare condemn Calvo's advocacy. Guess what, if cops bust into an innocent family's home and kill their dogs, they're going to be extremely displeased.

Everything that happened here is the fault of bad laws, bad procedures and bad cops. None of this is Cheye Calvo's fault, and any suggestion that he's overreacting is plainly ridiculous. You can't overreact to police coming into your home and shooting your pets! It's a really big deal. This wasn't a random accident that everyone can just put behind them. There is no such thing as an acceptable number of dog killings in the homes of innocent marijuana suspects. Things like that should never happen at all, and if they do, it should be discussed constantly until every contributing factor is identified and every responsible party is held accountable.
In The Trenches

Harvard Economist: Decriminalizing Marijuana Could Save Rhode Island $11 Million Annually

FOR IMMEDIATE RELEASE                                                                                                                                 

MARCH 3, 2010

Harvard Economist: Decriminalizing Marijuana Could Save Rhode Island $11 Million Annually

Taxing and Regulating Marijuana Could Provide State With Up to $48 Million Per Year, According to Testimony Expected Thursday

CONTACT: Mike Meno, MPP assistant director of communications …… 202-905-2030 or [email protected]

PROVIDENCE, RHODE ISLAND — Tomorrow, Harvard economist Jeffrey Miron will testify before the state’s Marijuana Prohibition Study Commission and explain how changing the state’s current marijuana policies could save tens of millions of dollars annually, and even possibly generate additional tax revenue.

         According to Miron’s estimates, reducing the penalty for the possession of small amounts of marijuana to a civil fine would save Rhode Island roughly $11.1 million per year in reduced expenditures on police. Miron also estimates that taxing and regulating marijuana would save the state roughly $40.5 million per year in reduced expenditures on police, prosecutors, judges and prisons. Taxing and regulating marijuana could also generate roughly $7.6 million per year in new tax revenue, according to Miron.

         “Professor Miron’s estimates illustrate just one of the many reasons why Rhode Island lawmakers should consider changing the state’s disastrous prohibition on the nation’s largest cash crop,” said Robert Capecchi, a legislative analyst with the Marijuana Policy Project. “As lawmakers examine the economically unsound and wasteful policies that unnecessarily arrest, prosecute and incarcerate thousands of individuals simply for using a substance that is safer than alcohol, I hope they pay particular attention to Professor Miron’s findings, especially in these tough economic times.”

         WHAT: Meeting of Rhode Island’s Marijuana Prohibition Study Commission

         WHO: Prof. Jeffrey Miron, Department of Economics at Harvard University

         WHEN: Thursday, March 4, at 5 p.m.

         WHERE: Room 212 in the State House

         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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