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Reportaje: DC toma providencias para promulgar penas más duras contra el khat

¿El desvelo de los taxistas o la amenaza de una droga que sustenta el terrorismo? El <em>khat</em> es un estimulante herbal popular entre elementos de la población de inmigrantes del Este Africano en EE. UU. a pesar de ser prohibido por la legislación federal estadounidense. Ahora, Washington, DC, que alberga una de las colonias de inmigrantes del Este Africano en EE. UU., quiere que su ley sea tan rigurosa como la legislación federal. Se cuece una contienda.
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Charlie Lynch Sentenced to Jail for Medical Marijuana

Today, Charlie Lynch was sentenced to one year and one day in jail for operating a medical marijuana clinic that was legal under California state law. U.S. District Court Judge George Wu declined to impose the 5-year mandatory minimum that federal prosecutors deemed appropriate and I've been informed that the U.S. attorney was visibly upset with this outcome. In contrast, Reason reports that Lynch's attorneys "seem extremely happy and relieved with the sentence and are convinced they will knock it down much lower and that Lynch will not be in prison anytime soon."

In that respect, today's outcome brings back memories of the government's epic campaign against Ed Rosenthal, in which federal prosecutors exhausted phenomenal resources, drew virulent public criticism, frustrated the trial judge, and ultimately walked away disappointed. Rosenthal's persecution and ultimate vindication galvanized national support for medical marijuana, thus the Lynch trial feels very much like a parting shot from an entrenched clan of desperate drug war demagogues who've all but expended their legal and political resources while alienating the American public at every turn.

The fatal flaw in the federal war on medical marijuana has always been that if you try hard enough to put people in jail for it, you'll lend urgency and credibility to the movement for reform.
In The Trenches

MPP Condemns Prison Sentence for Medical Marijuana Defendant Charles C. Lynch

FOR IMMEDIATE RELEASE   
JUNE 11, 2009

MPP Condemns Prison Sentence for Medical Marijuana Defendant Charles C. Lynch

Law-Abiding Medical Marijuana Collective Was Licensed by City

CONTACT: Bruce Mirken, MPP director of communications, 415-585-6404 or 202-215-4205
                   Aaron Smith, MPP California policy director, 707-575-9870

LOS ANGELES, CALIFORNIA —The Marijuana Policy Project strongly condemned today's federal sentencing of Charles C. Lynch, a California medical marijuana provider who worked scrupulously to follow state and local laws but now faces one year and one day in federal prison.

    "Years from now, Mr. Lynch may well be remembered as the last American to go to federal prison for a mistake, the final victim of an already repudiated policy well on its way to the ash heap of history, but whose mean-spirited effects still linger," said MPP executive director Rob Kampia. "This sentence is a cruel and pointless miscarriage of justice. Mr. Lynch and his attorneys say they plan to appeal, and we hope they succeed. With federal law enforcement at the Mexican border so overwhelmed that traffickers coming through with up to 500 pounds of marijuana are let go, even one more penny spent persecuting a man who is not a criminal in any rational sense of the word is an outrageous waste of resources."

    In February, U.S. Attorney General Eric Holder announced that henceforth the Drug Enforcement Administration would only conduct enforcement actions against medical marijuana defendants who were violating both state and federal law, reversing the Bush administration's policy of ignoring state medical marijuana laws.

    Lynch's medical marijuana collective was licensed by the city of Morro Bay, and officials routinely inspected the facility to monitor compliance with state and local laws. But because federal law makes no statutory allowance for medical marijuana, all evidence related to California's medical marijuana law was barred from his trial.

    With more than 27,000 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.

####

In The Trenches

Americans for Safe Access: June 2009 Activist Newsletter

U.S. Supreme Court Affirms California Medical Marijuana Program

High Court Refuses to Hear County Challenge to State Law


In another landmark victory for the ASA legal team, the U.S. Supreme Court has said no to an attempt by a California county to overturn the state's medical marijuana law.

The case, brought by San Diego County and joined by two others, alleged that the federal prohibition of marijuana preempts the state law that allows legal access for qualified patients. County officials were resisting the legislature's mandate to implement a identification card program for medical marijuana patients.

"No longer will local officials be able to hide behind federal law and resist upholding California's medical marijuana law," said ASA Chief Counsel Joe Elford, who helped argue the case. "The courts have made clear that federal law does not preempt California's medical marijuana law and that local officials must comply with that law."

The San Diego Superior Court and the Fourth District Court of Appeals both rejected the argument, which was followed by the California Supreme Court's refusal to review the case in 2008. ASA filed a lawsuit in January against Solano County for its refusal to implement the state ID card program.

"This decision and our lawsuit against Solano will undoubtedly have an impact on the other 10 counties that have failed to implement the ID card program," said Elford.

Colusa, Madera, Mariposa, Modoc, Mono, San Bernardino, San Diego, Solano, Stanislaus, and Sutter counties have each been notified about their obligation to implement the ID card program.

ASA worked with the ACLU Drug Law Reform Project to litigate the San Diego case, with both organizations on the side of the California Attorney General defending the state's medical marijuana law. The County of San Bernardino joined San Diego County in its original lawsuit and the subsequent appeals.

The ID card program was established in 2004 with the legislature's passage of SB 420, the Medical Marijuana Program Act. The ID cards are intended to assist law enforcement identify qualified patients and protect those patients from wrongful arrest.

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ASA Defends Marijuana Seizure Ruling on Appeal

California Court Considers Law Enforcement Limits

The right of California patients to both organize collectives to grow medical marijuana and be protected from unreasonable search and seizure was defended by ASA last month before a state appeals court. Butte county officials are trying to overturn a lower court's decision that had removed restrictions the county had imposed on patient collectives.

"We're cautiously optimistic about the outcome," said ASA Chief Counsel Joe Elford, who argued the case. "The panel asked tough questions of the county and clearly understands that this is an important and interesting case for defining the limits and obligations of state medical marijuana law."

The case,
Williams v. Butte County, involves a collective of seven patients who had pooled their labor and resources to maintain a 41-plant garden. But county policy required every member of the collective to live on the property or physically till the soil, a restriction not found in California law. So when the sheriff's department entered the property without a warrant and ordered the owner to tear down all but six plants for himself and six plants for his wife -- which he did under threat of arrest - ASA sued the county and won.

Butte officials are appealing the trial court's ruling that the Butte County policy is preempted by state law and that a patient may file a claim for unreasonable search and seizure in such a circumstance. The county is being supported before the Court of Appeal for the Third District by the California Peace Officers' Association, California Police Chiefs' Association, and California Sheriffs' Association, organizations that have filed amicus briefs arguing against patient rights in several ASA cases.

In addition to the question of whether county's can impose onerous restrictions on how collectives may operate, the court was concerned with when and how law enforcement may seize medicine.

The county argued that there is no restriction on seizures of marijuana by state officials, since it remains illegal under federal law. One of the justices commented that this would seemed to violate the spirit of Proposition 215 and asked whether the electorate would be "mystified" by a decision that would allow law enforcement to seize marijuana from patients without any restriction.

ASA argued that the California Supreme Court's opinion in People v. Mower that "probable cause depends on all of the circumstances, including one's status as a qualified medical marijuana patient" means that law enforcement must have probable cause to seize medicine from qualified patients.

Elford told the court that in this case there was neither probable cause nor a search warrant, and without any exigent circumstance to justify a warrantless seizure - the officer knew that Williams wanted to keep the marijuana and was not going to destroy it on his own -- there is no excuse for failing to get a warrant.

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ASA Chapter Profile: Honolulu, Hawaii

Since it was formed last September, ASA's Honolulu, Hawaii chapter has been growing steadily and gaining ground in the fight for medical cannabis patients rights. Honolulu ASA is the only advocacy group on the island which works exclusively for medical cannabis issues. In the past few months, Honolulu ASA has formed alliances with other advocacy groups on Oahu such as the Drug Policy Forum of Hawaii and the West Oahu Hope For A Cure.

Last month, the chapter gained a seat on Hawaii's statewide Medical Cannabis Task Force, which was established by the legislature on April 29th to look into the Hawaii program and make recommendations early next year. The director of the Honolulu chapter of ASA will represent ASA members throughout the state in the upcoming deliberations to make Hawaii's program a viable system, including the possible creation of a distribution system.

This is the first time that an ASA local chapter will have a seat on a statewide task force. This bill is now being sent over to the governor for her approval.

The Honolulu chapter has been growing rapidly, with membership recently reaching 100 members, thanks in part to a new partnership with a local physician. ASA Honolulu's goal is to eventually have every medical cannabis patient on the island of Oahu as an ASA member.

ASA Honolulu has established a relationship with Dr. Jimenez to have a presence in his Hawaii office as he is seeing new and re-certifying patients during his monthly visits to the island. This allows ASA an opportunity to introduce the organization to qualified patients and get them signed up as new members.

Dr Jimenez is also an ASA member and a member of the local chapter and has been added as the Medical Advisor to the chapter to assist in work on the Medical Cannabis Task Force. Dr. Jimenez is one of the primary medical cannabis recommendation physicians in Hawaii and California with approximately 11,000 current recommendations written.

This month, the Honolulu chapter will begin holding approximately 20 different "Cannabis Classes" to teach patients valuable tips and techniques for choosing, growing, cloning, harvesting, curing, and using their medication. They are also working out the details for weekend "Cannabis Camps" to be held at various beach parks on Oahu each year. These Cannabis Camps will offer ASA members additional opportunities for classes, fellowship with other patients, and entertainment while camping at a beautiful Hawaii beach. Members from other chapters are invited to attend these Cannabis Camps as an opportunity to further relationships between the chapters.

For more information about the Honolulu ASA chapter and the work that we have been doing in Hawaii, visit our chapter website at
www.HonoluluASA.org or contact us by email at [email protected] or by phone at (808) 840-0229 or (808) 352-5815.

Blog

Rhode Island Senate Votes to Open Medical Marijuana Dispensaries

Legal access to medical marijuana could soon be coming to the east coast:

PROVIDENCE, R.I. (AP) — Rhode Island would be the third state in the nation and the first on the East Coast to allow nonprofit stores to sell marijuana to medical patients under legislation approved Tuesday by state lawmakers.

The state Senate voted 30-2 to adopt a measure permitting three stores to sell marijuana to more than 680 patients registered with the state Department of Health. It now heads to Gov. Don Carcieri, who has previously vetoed bills legalizing marijuana for medical use.

A veto from the governor is almost certain, but towering majorities in the House and Senate should make it possible to override the veto. That's exactly how Rhode Island's original medical marijuana law was passed. Maybe Carcieri should just sign the damn thing and save himself the double embarrassment of not only trying to stand between seriously-ill patients and their medicine, but also failing at it.
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Drugs and Terror on the Daily Show


The Daily Show With Jon StewartMon - Thurs 11p / 10c
Gretchen Peters
www.thedailyshow.com
Daily Show
Full Episodes
Political HumorNewt Gingrich Unedited Interview

Did you notice anything missing from this conversation? Seriously, if we're concerned about the drug trade funding terrorism, the only answer is to fundamentally rethink our drug policy. This problem didn't just arrive on our doorstep last year. We've been fighting a hopeless and counterproductive war against these guys for decades and they're more powerful now than ever before. The solution is to do the opposite of what we're doing, not to make little adjustments or try a little harder.

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Wrong Door Drug Raids Are No Laughing Matter


I don't exactly understand what the agenda behind this video is supposed to be, but it kind of gave me the creeps. I think it's supposed to be funny and I wonder if the creators realize how true it really is.