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New York Rockefeller Drug Law Reforms Go Into Effect Today

Okay, everybody stop, take a breath. Perhaps smile. Reforms to New York state's draconian Rockefeller drug laws have gone into effect today. State authorities have identified about 1,100 inmates who are eligible to apply for resentencing now -- I've also seen the figure 1,500 cited. The Legal Aid Society is already working with 270 of them. It isn't nearly enough. Our article published just before the legislation passed last April outlines some of its deficiencies. If all of those 1,100 gain earlier release than they would have gotten, that will leave another 13,000, and resentencing doesn't mean they'll all get out right away. Of course, the limited scope of the reforms passed by the legislature didn't stop prosecutors from trying to block their implementation. But they failed. This is the second time the legislature has modified the Rockefeller laws -- the first time was in 2004 -- and yet most of the work still lies ahead of us. But 1,100 people, potentially, will have their lives transformed, and another chink has been made in the drug war wall of injustice. To once again make use of a Churchill quote that drug reformers have used before: "Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning." In the meanwhile, watch this video:
In The Trenches

Press Release: Gov. Paterson to Speak Wed: Rock Drug Law Reform Becomes Active; 1,500 Eligible for Resentencing and Release!

For Immediate Release: October 7, 2009 Contact: Tony Newman at (646) 335-5384 or Gabriel Sayegh at (646)335-2264 1,500 Incarcerated People Eligible for Resentencing and Release, Judges Now Have Discretion Governor Paterson to Mark Milestone at Brooklyn Courthouse on Wednesday at 10 a.m. An Army of Legal Advocates and Human Service Agencies Stand Ready to Provide Reentry, Drug Treatment and other Services New York- On Wednesday, October 7, key elements of the Rockefeller Drug Law reform go into effect: Decision making authority is returned to judges, who can now divert people suffering from drug dependency into treatment and other service programs, instead of prison. And nearly 1,500 people currently incarcerated for low-level, nonviolent drug offenses under the Rockefeller Drug Laws can petition the court for resentencing and, if approved by a judge, will be released. After Governor David Paterson signed the reforms into law earlier this year, advocates and service providers have worked diligently to prepare for implementation. Legal aid and public defender agencies are providing legal counsel. Hundreds of social and human agencies around the state have volunteered to provide a broad range of services to those individuals who will be released from prison as a result of drug law reform. In New York City alone, over 100 human service agencies have agreed to work with legal aid and public defender agencies to provide services like housing, job training and drug treatment to those individuals returning from prison as a result of drug law reform. "As someone who spent 12 years behind bars on Rockefeller charges and another 12 fighting the inhumane laws, I am thrilled that the law has been changed, said Anthony Papa, author of 15 Years to Life. "But, Rockefeller will only be real when those who are behind bars are allowed to come home and those who need help get treatment instead of a jail cell." "New Yorkers fought for decades to reform the draconian Rockefeller Drug Laws, and we finally succeeded this year," said Gabriel Sayegh of the Drug Policy Alliance. "Now we need to make Rockefeller reform work. Today marks another step towards our state moving in new direction on drug policy, one based on public health and safety. Thankfully, legal and human service agencies are stepping up to implement reform." "Rockefeller Drug Law reform symbolizes a critical time in our history, where we acknowledge the individual stories and personal struggles of those who have been most affected by such a harsh and racist sentencing scheme," said Shreya Mandal, Mitigation Specialist for the Legal Aid Society. "These reforms will allow people to reclaim their dignity as we shift from a punitive criminal justice model to a much needed holistic public health model. Now it is time to see this reform through by empowering formerly incarcerated individuals with comprehensive re-entry planning." Governor Paterson will be marking the milestone at an event at 10 a.m. at the Brooklyn Court House, 320 Jay St., Room 283. In addition to the Governor, two drug court graduates will speak at the event. ###
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Law Enforcement: Veteran Activist Dana Beal Busted for 150 Pounds of Pot in Nebraska

Long-time marijuana legalization activist Dana Beal was one of three men arrested October 1 in Ashland, Nebraska, after they were pulled over in a traffic stop and police seized 150 pounds of marijuana. He and the other two men, Christopher Ryan of Ohio and James Statzer of Michigan, are being held in the Saunders County Jail, with bail set at $500,000 for Beal and $100,000 for Ryan and Statzer. Beal, an erstwhile Yippie activist from the 1970s and permanent fixture on the counterculture scene, heads the New York City-based organization Cures Not Wars, which advocates for the use of ibogaine as a treatment for drug dependence. But he is more widely known for acting as an information clearing house for the annual legalization rallies held each May in more than 200 cities around the planet known as the Global Marijuana March or Million Marijuana March. The men were traveling from California, where they had attended the annual conference of the National Organization for the Reform of Marijuana Laws (NORML) the previous week. According to local media reports, police stopped the van in which they were riding for "driving erratically," and when the police officer approached the vehicle, he saw "several bags of marijuana in plain view." He then called for assistance, and police then found multiple duffel bags of marijuana, totaling 150 pounds, throughout the vehicle. Last year, Beal was arrested in Illinois on money-laundering charges after police there seized $150,000 in cash and a small amount of marijuana from his vehicle. The money-laundering charges were later dropped, and Beal pleaded guilty to misdemeanor marijuana possession. The state of Illinois kept the money. Beal's supporters have begun a fund-raising drive to raise the $50,000 cash bail needed to free him and to pay his legal expenses. See the Free Dana Beal Facebook page, web page, or blog for information on how you can help.
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Asset Forfeiture: Texas DA Seeks to Use Seized Funds to Defend Herself in Lawsuit Over Unlawful Seizure of Same Funds; ACLU Objects

The Texas district attorney accused of participating in an egregious asset forfeiture scheme in the East Texas town of Tenaha now wants to use the very cash seized to pay for her legal defense in a federal civil rights lawsuit filed by victims of the practice. The ACLU of Texas, which, along with the national ACLU, is representing the plaintiffs in the case, filed a brief last Friday with the Texas Attorney General's office seeking to block her from doing so. Lynda Russell is the district attorney in Shelby County, where Tenaha is located. She is accused of participating in a scheme where Tenaha police pulled over mostly African-American motorists without cause, asked them if they were carrying cash, and if they were, threaten them with being immediately jailed for money laundering or other serious crimes unless they signed over their money to authorities. Representing a number of victims, attorneys from the ACLU of Texas and the ACLU Racial Justice Project filed a civil lawsuit in federal court in June 2008. According to the suit, more than 140 people, almost all of whom were African-American, turned over their assets to police without cause and under duress between June 2006 and June 2008. If a federal judge agrees that assets were in fact illegally seized, they should be returned to their rightful owners, whose civil rights were violated. In one case, a mixed race couple, Jennifer Boatwright and Ronald Henderson, were stopped by a Tenaha police officer in April 2007. According to the lawsuit, they were stopped without cause, detained for some time without cause, and asked if they were carrying any cash. When they admitted they had slightly more than $6,000, a district attorney's investigator then seized it, threatening them with arrest for money laundering and the loss of their children if they refused to sign off. There was never any evidence they had committed a crime, and they were never charged with a crime. The town mayor, the DA, the DA's investigator, the town marshal, and a town constable are all named in the lawsuit. While they claim to have acted legally under Texas asset forfeiture law, the lawsuit argues that "although they were taken under color of state law, their actions constitute abuse of authority." The suit argues that the racially discriminatory pattern of stops and searches violated both the Fourth Amendment proscription of warrantless searches and the Fourteenth Amendment's due process clause. While either the county or the state would normally be expected to pony up for the DA's legal expenses for a lawsuit filed as a result of her performance of her duties, neither has done so. That's why Russell—with a tin ear for irony—requested that she be allowed to use the allegedly illegally seized money stolen from motorists. She has asked the state attorney general's office for an opinion on whether using the funds for her defense violates the state's asset forfeiture law. "It would be completely inappropriate for the district attorney to use assets which are the very subject of litigation charging her with participating in allegedly illegal activity to defend herself against these charges," said Lisa Graybill, legal director at the ACLU of Texas. "Texas has a long history of having its law enforcement officials unconstitutionally target racial minorities in the flawed and failed war on drugs and it is of paramount importance that those officials be held accountable." "The government must account for the misconduct of officials who operate in its name," said Vanita Gupta, staff attorney with the ACLU Racial Justice Program, who represented African-American residents of Tulia, TX in high-profile litigation challenging their wrongful convictions on drug charges. "The state of Texas has seen egregious examples of racial profiling that result from poor oversight of criminal justice officials." The ACLU of Texas is using the Tenaha case to push for asset forfeiture reform in the Lone Star State. One such bill stalled in the state legislature this year. "The misuse of asset forfeiture laws by local officials is exacerbated by inadequate oversight," said Matt Simpson, policy strategist for the group. "The legislature must squarely address these reported civil rights violations via reform of forfeiture laws that strengthen protection against unconstitutional conduct and racial profiling."
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In The Trenches

Drug Truth Update 10/05/09

The Unvarnished Truth From the Drug Truth Network Cultural Baggage * Century of Lies * 4:20 Drug War NEWS 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 69 affiliated, yet independent broadcast stations. With a simple email request to [email protected] , your station can join the Drug Truth Network, free of charge. Cultural Baggage for 10/04/09, 29:00 Reports from the El Paso conference on the War on Drugs: UTEP president, mayors of El Paso & Ciudad Juarez, Councilman Beto O'Rourke, Terry Nelson of LEAP, & Mike Agar LINK: http://www.drugtruth.net/cms/node/2608 TRANSCRIPT: Tuesday Century of Lies for 10/04/09, 29:00 Kirk Tousaw, atty fighting Marc Emery's extradition to the US + Paul Armentano and Steve Dillon of NORML & Abolitionist's Moment LINK: http://www.drugtruth.net/cms/node/2609 TRANSCRIPT: Tuesday 4:20 Drug War NEWS, 10/05 to 10/11/09 Link at www.drugtruth.net on the right margin - Sun - Paul Armentano of NORML on healing properties of cannabis Sat - Kirk Tousaw, 2/2 Fri - Beto O'Rourke, El Paso city councilman on US/Mexico drug war Thu - Howard Campbell, author Drug War Zone, regarding failure of US drug war Wed - Kirk Tousaw, Canadian Barrister regarding Marc Emery's extradition to the US for selling pot seeds Tue - Terry Nelson of Law Enforcement Against Prohibition at the El Paso Drug Conference Mon - Steve Dillon, chairman of the National Organization for Reform of Marijuana Laws 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?": Interview with Robert Field Co-Chairman of Common Sense for Drug Policy 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 in the US, Canada and Australia! 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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A Lesson in Etiquette for Drug Policy Activists

This story is the most perfect example possible of how not to behave if you want people to sympathize with our cause:

The battle to keep medical marijuana collectives from expanding in Mission Square on Bechelli Lane in Redding took a bizarre turn this week.

Moments before Wednesday's Mission Square property owners meeting, someone dressed in a green Grinch costume with a giant imitation penis attached stepped out of a limousine and walked into Giff's Steakburger - the site of the meeting.

The Grinch announced to Mission Square owners that a new cannabis shop - Hampton Collective - would open in the former Humor Shop space on the north side of the shopping center.
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"I don't know, I was just trying to be funny. I guess it didn't work out," Bobby Martin, who dressed up as the Grinch, said by phone Thursday. [Redding.com]

I find the whole thing simultaneously hilarious and infuriating. But mostly infuriating. This kind of behavior makes a mockery of everything the medical marijuana movement has fought so hard to achieve.

Pete Guither responds brilliantly by making a point I've raised repeatedly in other contexts. To paraphrase: it's not about doing or saying what feels good to you, it's about impressing and persuading other people. Admittedly, it's often very difficult to fully understand what our opponents are thinking, but you have to at least try. You might not get it right every time, but you sure as hell won't show up in a Grinch costume with a dildo strapped between your legs.

Our goal is neither to shock nor intimidate our opposition. The goal is to change the minds of those who've previously opposed us. We'll win when we convince enough people that drug policy reform is in everyone's best interests not just our own.
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In The Trenches

Press Release: Pharmacy Board ordered to appear in Polk County District court again on October 9th

FOR IMMEDIATE RELEASE: October 5, 2009 CONTACT: Carl Olsen at 515-343-9933 Pharmacy Board ordered to appear in Polk County District court again on October 9th The Iowa Board of Pharmacy will conduct a third in a series of four monthly public hearings on the medical value of marijuana. The hearing is scheduled to take place Wednesday, October 7, 2009, Noon to 7:00 p.m. in the 3rd Floor Auditorium of the Bowen Science Building, University of Iowa, Iowa City. Carl Olsen and George McMahon of Iowans for Medical Marijuana will attend the hearing in Iowa City and will be available to answer questions from the press and public. On April 24, Polk County District Judge Joel D. Novak ruled that the Pharmacy Board unlawfully rejected a petition by Iowans for Medical Marijuana’s Board of Directors to remove marijuana from its current classification as a substance having no accepted medical use in treatment in the United States. The petition was based on the fact that marijuana has been accepted for medical use in 13 states in the United States. On July 21, the Board of Pharmacy again rejected the petition, ruling that accepted medical use in treatment in the United States means accepted medical use in all 50 states. The Iowa Board of Pharmacy insists it can determine whether marijuana has accepted medical use in the United States based on science, not on 13 state laws. Another court hearing has been scheduled for October 9 in the Polk County District Court to review the Board’s July 21st supplemental ruling. Whatever the science shows, it’s clear the Iowa Board of Pharmacy has no authority to recommend marijuana be accepted for medical use in any state other than Iowa. The authority of a state administrative agency ends at its own state’s borders. ###
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Scandalizing Leadership!

My fellow Americans, lovers of Liberty, we have been betrayed over the last century by scandalizing leadership creating this changeling America. Shame on them and us. Has Mr.