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Open Forum on Heroin-Assisted Treatment

A town hall-style seminar will explore a variety of perspectives on the future of heroin assisted treatment (HAT) as a cutting edge intervention in the United States.
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Search and Seizure: Ohio Supreme Court Rules Police Need Warrant to Search Cell Phones

The Ohio Supreme Court ruled Tuesday that police officers must obtain a search warrant before reviewing the contents of a suspect’s cell phone unless their safety is in danger. The ruling came on a narrow 5-4 vote of the justices. The ruling came in State v. Smith, in which Antwaun Smith was arrested on drug charges after answering a cell phone call from a crack cocaine user acting as a police informant. When Smith was arrested, officers took his cell phone and searched it without his consent or a search warrant. Smith was charged with cocaine possession, cocaine trafficking, tampering with evidence and two counts of possession of criminal tools. At trial, Smith argued that evidence derived through the cell phone search should be thrown out because the search violated the Fourth Amendment ban on unreasonable searches and seizures. But the trial judge, citing a 2007 federal court ruling that found a cell phone is similar to a closed container found on a defendant and thus subject to warrantless search, admitted the evidence. Smith was subsequently convicted on all charges and sentenced to 12 years in prison. Smith appealed, but lost on a 2-1 vote in the appeals court. In that decision, the dissenting judge cited a different federal court case that found that a cell phone is not a container. In the majority opinion Tuesday, state Supreme Court Justice Judith Ann Lanzinger wrote that the court did not agree with the appeals court and trial judge that a cell phone was a closed container. "We do not agree with this comparison, which ignores the unique nature of cell phones," Lanzinger wrote. "Objects falling under the banner of 'closed container' have traditionally been physical objects capable of holding other physical objects. ... Even the more basic models of modern cell phones are capable of storing a wealth of digitized information wholly unlike any physical object found within a closed container." "People keep their e-mail, text messages, personal and work schedules, pictures, and so much more on their cell phones," Craig Jaquith, Smith's attorney, said in a statement. "I can't imagine that any cell phone user in Ohio would want the police to have access to that sort of personal information without a warrant. Today, the Ohio Supreme Court properly brought the Fourth Amendment into the 21st century." But Greene County prosecutor Stephen Haller complained to the Associated Press that the high court had gone too far. "I'm disappointed with this razor-thin decision," Haller said. "The majority here has announced this broad, sweeping new Fourth Amendment rule that basically is at odds with decisions of other courts."
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Europe: Czech Government Announces Decriminalization Quantities; Law Goes Into Effect on New Year’s Day

The Czech cabinet Monday approved a Justice Ministry proposal that sets personal use quantity limits for illicit drugs under a penal code revision that decriminalizes drug possession in the Czech Republic. The law and its quantity limits will take effect on January 1. The Czech government had approved the decriminalization law late last year, but failed to set precise quantities covered by it, instead leaving it to police and prosecutors to determine what constituted a “larger than small” amount of drugs. The resulting confusion--and the prosecution of some small-scale marijuana growers as drug traffickers--led the government to adopt more precise criteria. Under the new law, possession of less than the following amounts of illicit drugs will not be a criminal offense: Marijuana 15 grams (or five plants) Hashish 5 grams Magic mushrooms 40 pieces Peyote 5 plants LSD 5 tablets Ecstasy 4 tablets Amphetamine 2 grams Methamphetamine 2 grams Heroin 1.5 grams Coca 5 plants Cocaine 1 gram Possession of “larger than a small amount” of marijuana can result in a jail sentence of up to one year. For other illicit drugs, the sentence is two years. Trafficking offenses carry stiffer sentences. Justice Minister Daniela Kovarova said that the ministry had originally proposed decriminalizing the possession of up to two grams of hard drugs, but decided that limits being imposed by courts this year were appropriate. "The government finally decided that it would stick to the current court practice and drafted a table based on these limits," Kovarova said. The Czech Republic now joins Portugal as a European country that has decriminalized drug possession.
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In The Trenches

Drug Truth 12/14/09

Cultural Baggage * Century of Lies * 4:20 Drug War NEWS Cultural Baggage for 12/13/09, 29:00 Leigh Maddox, former Maryland state police officer and now a speaker for Law Enforcement Against Prohibition + Tony Newman of Drug Policy Alliance with Top Ten drug reform stories of 2009 LINK: http://www.drugtruth.net/cms/node/2699 TRANSCRIPT: Tuesday Century of Lies for 12/13/09, 29:00 Paul Wright, editor of Prison Legal NEWS + DTN mothership NEWS: "DA's Crack Pipe Policy Stirs Storm" LINK: http://www.drugtruth.net/cms/node/2700 TRANSCRIPT: Tuesday 4:20 Drug War NEWS, 12/14 to 12/20/09 Link at www.drugtruth.net on the right margin - Sun - Leigh Maddox, former Maryland state police, member of LEAP Sat - Paul Wright, Prison Legal NEWS 2/2 Fri - Paul Wright, editor Prison Legal NEWS 1/2 Thu - Harris Co. DA decision 2/2 Wed - Harris Co. DA to stop jailing for 1/100 of a gram of drugs 1/2 Tue - Tony Newman Top Ten (7-10) Mon - Tony Newman of the Drug Policy Alliance with the Top Ten drug reform stories of 2009 (Pts 1-6) Programs produced at Pacifica Radio Station KPFT in Houston, 90.1 FM. You can Listen Live Online at www.kpft.org - Cultural Baggage Sun, 7:30 PM ET, 6:30 PM CT, 5:30 PM MT, 4:30 PM PT (Followed Immediately By Century of Lies) - Century of Lies, SUN, 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT Who's Next to "Face The Inquisition?": Steve DeAngelo, Director Harborside Health Center Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org We have potcasts, searchability, CMS, XML, sorts by guest name and by organization. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates i You can tune into both our 1/2 hour programs, live, at 6:30 central time on Pacifica's KPFT at http://www.kpft.org and call in your questions and concerns toll free at 1-877-9-420 420. The two, 29:00 shows appear along with the seven, daily, 3:00 "4:20 Drug War NEWS" reports each Monday morning at http://www.drugtruth.net . We currently have 71 affiliated, yet independent broadcast stations. With a simple email request to [email protected] , your station can join the Drug Truth Network, free of charge. Check out our latest videos via www.youtube.com/fdbecker Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, DTN Producer, 713-462-7981, www.drugtruth.net
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Man Gets Tased and Dies After Trying to Swallow Marijuana During Police Encounter


I just can't possibly tell you emphatically enough, if you're approached by police, DO NOT ATTEMPT TO EAT YOUR STASH:



It's just chilling to watch this young man struggle for his life. The tasing certainly didn’t help either, but I'm not ready to join the ranks of commenters I've seen around the web who are calling this a murder. From what I can see, the officers did as they were trained and it's just a shame that police are now encouraged to zap anyone who struggles with them. It's unclear to me whether the tasing contributed to the choking and/or whether some of Grande's resistance was caused by his inability to breathe.

What is clear as day, however, is that Andrew Grande would still be alive today if it weren't a crime to possess marijuana. As long as police continue to arrest and criminally charge marijuana users, there will be no end to tragedies like this one. It may be easy for some to blame Grande's panic-induced actions for his death, but that's only half the story. If fear of our drug laws leads people to take such risks, then there is something wrong with our drug laws.

The leaders of the war on drugs are constantly claiming that they are only trying to help people like Andrew Grande. The drug czar upon taking office exclaimed, "we're not at war with people in this country," and he might even genuinely believe that to be true. But such assurances are worthless as long as people are so intimidated that they'd sooner risk choking to death than receive the sort of "help" our drug policy is known for.

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CANDIDATE WANTED: District Attorney for the County of San Diego

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POSITION: San Diego County District Attorney

POSITION TYPE: Public Elected Official

FILING DATE: March 12, 2010

ELECTION DATE: June 8, 2010

Seal of the San Diego District Attorney

CAMPAIGN DONATIONS PLEDGED SO FAR  $7,900(as of 12/12/09)PLEDGE YOUR SUPPORT TODAY!

THE IDEAL CANDIDATE: The San Diego District Attorney, in partnership with the Community, should be dedicated to the pursuit of truth, justice and protection of the innocent and the prevention of crime through the vigorous and professional prosecution of those who violate the laws of the State of California. Additionally the ideal candidate will keep all "personal objections" to California written law at home or in the ballot box.

ETHICS: Candidate must be held to the highest standard of integrity and personal and professional conduct. And will not allow "personal relationships" to interfere with the prosecution of a crime.

RESPECT: Candidate will treat fellow county employees and all members of the public with dignity and respect, specifically defendants who are found innocent as well as legal medical marijuana patients/caregivers.

ACCOUNTABILITY: Candidate must accept a shared responsibility for ensuring sound fiscal management, operational efficiency and continuous improvement.

SUPPORT FOR VICTIMS: Candidate will show compassion and understanding to the victims of crime and their families.

DIVERSITY: Candidate will be committed to diversity and recognize the significant and valuable contributions to the mission of the office, fellow employees and the community you'll serve.

COMMUNITY PARTNERSHIP: Candidate will be an advocate and support the building of strong and viable partnerships with law enforcement, all members of the criminal justice systems and the community you serve for the purpose of achieving the highest level of public safety for the citizens of San Diego County.

COMMUNICATIONS: Candidate will be open and forthright in communications with fellow prosecutors as well as all those with whom you come in contact.

INCUMBENT HISTORY: Bonnie Dumanis is the unchallenged incumbent to this position. Since taking office in 2004 the current DA has alienated the position from the community and is no longer trusted by the courts, sheriffs or local police departments due to repeated poor judgment in allowing "personal opinion" and "personal relationships" to cloud the San Diego County justice system.

Interested candidates should use the confidential contact form below to be considered for campaign support.

[contact-form]

HOW TO RUN FOR POLITICAL OFFICE: http://www.wikihow.com/Run-for-Political-Office http://www.ehow.com/how_18207_prepare-run-political.html http://www.amazon.com/You-Want-Run-Political-Office/dp/0963367102

Candidate support groups may include, but are not limited to;

  • San Diego Americans for Safe Access
  • National Americans for Safe Access
  • So Cal Norml
  • National Norml
  • Marijuana Policy Project
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In The Trenches

Victory! Congress lifts ban on Washington, D.C.'s medical marijuana law

Dear friends:

The great news just keeps coming in.

Minutes ago, Congress voted to finally lift the 11-year ban on Washington, D.C.’s medical marijuana law.

The House voted 221-202 and the Senate voted 57-35 to approve the measure.

For the last 11 years, under a provision known as the Barr amendment, Congress has prevented Washington, D.C. from implementing the medical marijuana law passed by 69% of voters in 1998.

Repealing this amendment has been a primary focus of MPP's federal lobbying efforts for many years. In 2007, we even hired former Congressman Bob Barr (R-Ga.) — the original author of the amendment — to lobby to overturn it. And our lobbyists have worked directly with members of the House and Senate and their staff since 2006 to eliminate this democracy-unfriendly law.

In fact, senior appropriators in Congress sought out MPP staff to work through specifics and to help better understand D.C.'s medical marijuana law and the complicated legal maneuverings that led to the blocking of its implementation.  

MPP would like to thank Congressmen Jose Serrano (D-N.Y.), Dave Obey (D-Wis.), Speaker Nancy Pelosi (D-Calif.), and Senate Majority Whip Dick Durbin (D-Ill.) for their strong and abiding support of allowing D.C. to implement its medical marijuana law.

I also want to thank MPP's 29,000 dues-paying members, whose support helped to make this win possible. If you'd like to see more of these kinds of successes, I hope you'll donate to MPP's federal lobbying efforts. We're turning supporters' donations into results, and we can't do it without you.

Today's vote represents a victory not just for medical marijuana patients, but for all Americans, who have the right to determine their own policies without federal meddling. We'll be celebrating this victory in D.C. at our anniversary gala on January 13, and I hope you'll join us.

Sincerely,

null

Rob Kampia?
Executive Director?
Marijuana Policy Project?
Washington, D.C.

P.S. Time is running out on our matching campaign! A major philanthropist has committed to match the first $2.35 million that MPP can raise in 2009. Make twice the impact and donate today.

In The Trenches

Congress Ends Ban on Medical Marijuana in Washington, D.C.

FOR IMMEDIATE RELEASE                                                                                                                                 

DECEMBER 13, 2009

Congress Ends Ban on Medical Marijuana in Washington, D.C.

Only Obama’s Signature Now Needed on Historic Measure

CONTACT: Aaron Houston, MPP director of government relations ……………………… 202-420-1031

WASHINGTON, D.C. — The U.S. Senate today passed historic legislation to end the decade long ban on implementation of the medical marijuana law Washington, D.C. voters passed in 1998.

            “This marks the first time in history that Congress has changed a marijuana law for the better,” said Aaron Houston, director of government relations for the Marijuana Policy Project in Washington, D.C.

            The “Barr amendment,” a rider attached to appropriations for the District, has forbidden D.C. from extending legal protection to qualified medical marijuana patients and has long been derided as an unconscionable intrusion by the federal government into the District's affairs. The omnibus spending bill, now approved by both chambers of Congress, removes this onerous provision, allowing the District to finally implement its voter-approved law. President Obama is expected to sign the bill shortly.

          “This is not only a huge victory for medical marijuana patients and for D.C. self-government, it marks a history-making shift on the medical marijuana issue," Houston said. “This is the first time Congress has ever given its assent to a state or local law that permits medical use of marijuana. It shows that Congress is listening to voters, who have supported protection for medical marijuana patients for well over a decade, as well as to the medical community’s growing recognition of marijuana’s medical value.

         “Coming on top of the announcement that the Department of Justice will not interfere with state medical marijuana laws, this shows that the ground has fundamentally shifted. It’s time for the federal government to take the logical next step as the American Medical Association just suggested, and reconsider marijuana’s classification as a Schedule I drug, which bars medical use.”

         Congressman Jose Serrano (D-N.Y.) originally removed the ban from the D.C. appropriations bill back in July after years of working to protect patients in Washington, D.C. Congressman David Obey (D-Wis.) helped ensure that the change made it through the legislative process and into the omnibus spending bill Congress passed today.

         Medical marijuana is legal under the laws of 13 states, with bills under consideration in several others, including New York, New Jersey, and Illinois.

         With more than 29,000 members and 100,000 e-mail 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 http://MarijuanaPolicy.org.

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