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Obama's Fraudulent Pledge to Respect Medical Marijuana Laws

The legal plight of medical marijuana provider Charlie Lynch has provided a useful instrument with which to measure the new administration's commitment to respecting state medical marijuana laws. Attorney General Eric Holder has stated that only cases involving violation of state laws will be pursued, prompting the judge in Lynch's trial to request guidance from the Dept. of Justice before handing down the sentence. Here's what came back:

…in response to the Court's inquiries, the Office of the Deputy Attorney General has reviewed the facts of this case and determined that the investigation, prosecution, and conviction of defendant are entirely consistent with the policies of DOJ and with public statements made by the Attorney General with respect to marijuana prosecutions.

Huh!? That can only be true if Lynch violated California's medical marijuana laws, which hasn't been proven in court (he was only charged under federal law), and is entirely inconsistent with his well-documented cooperation with local authorities including the city council and chamber of commerce.

Charlie Lynch is exactly the sort of defendant we aren't supposed to be seeing anymore under Obama, and yet here he is, scheduled to be sentenced on Thursday and the new administration won't lift a finger to stop it. He'll likely receive a 5-year mandatory minimum for doing something the President has repeatedly said would not be prosecuted under his administration. It's just that simple.

On Thursday, we'll find out exactly how much Obama's campaign promises were worth. This won't go down quietly. Stay tuned.
Blog

Supreme Court Restricts Warrantless Vehicle Searches

The Supreme Court's decision in Arizona v. Gant today was a pleasant surprise. The Court struck a blow against the deeply flawed search-incident-to-arrest doctrine that has permitted police to perform a vehicle search anytime someone in the car is arrested. For the last 28 years, concerns over officer safety have been held to permit ridiculous numbers of automatic vehicle searches that had more to do with the drug war than officer safety.

My thoughts on the case are over at Flex Your Rights.

Chronicle

Reportaje: En tribunal federal de apelaciones, ASA busca forzar gobierno a corregir información errónea sobre marihuana medicinal

El martes Americans for Safe Access, el grupo de militancia pro marihuana medicinal, argumentó ante un tribunal de apelaciones federal estadounidense que una ley federal exige que las agencias del gobierno hagan declaraciones precisas y objetivas – no información errónea – cuando se trata de la marihuana medicinal. Pero los abogados del gobierno Obama discrepan.
In The Trenches

420 Drug War NEWS & Century of Lies 04/21/09

4:20 Drug War NEWS + Century of Lies! From 90.1 FM in Houston 60+ radio affiliates in the US, Canada and Australia & at www.kpft.org. Today Marks 36,595 Days of DRUG WAR! Century of Lies, 04/19/09: Mike Gray, chairman of Common Sense for Drug Policy regarding his recent OpEd in the Washinton Post, Radley Balko of Reason Magazine, Bill Moyers speaks to writer David Simon of the Wire + The Abolitionists Moment LINK: http://www.drugtruth.net/cms/?q=node/2379 4:20 Drug War NEWS 04/20/09 to 04/26/09 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Bill Moyers interviews David Simon, writer for "the Wire" Sat - Radley Balko of Reason, 2/2 Fri - Radley Balko regarding Reason article: "Obamas Demented Drug Policy" Thu - Mike Gray, Chairman of CSDP, 2/2 Wed - Chairman of Common Sense for Drug Policy, Mike Gray discusses his recent OpEd in Washington Post + "What Will It Take To Motivate" Tue - Terry Nelson reports for Law Enforcement Against Prohibition Mon - Mexican Ambassador to US on Face the Nation + Abolitionists' Moment Next - Century of Lies on Sunday, Cutural Baggage on Wednesday: - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 MT & 9:30 AM PT: Law Professor Buford Terrel - Century of Lies 8 PM ET, 7 PM CT, 6 PM MT, 5 PAM PT: Guest: Tony Newman of Drug Policy Alliance Hundreds of our programs are available online at www.drugtruth.net, and www.audioport.org. 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, Drug Truth Network Producer, 713-849-6869, www.drugtruth.net
In The Trenches

Media Advisory -- DOJ: Policy Statements on Medical Marijuana Don't Affect Federal Sentencing 4/23

MEDIA ADVISORY Americans for Safe Access For Immediate Release: April 21, 2009 DOJ: Policy Statements on Medical Marijuana Don't Affect Federal Sentencing Advocacy group to argue at 4/23 sentencing hearing that Lynch did not violate state law Los Angeles, CA -- Legal counsel for the advocacy organization Americans for Safe Access (ASA) will appear on behalf of Charles C. Lynch at his federal sentencing hearing on Thursday, April 23rd to challenge the federal government's claim of state law violations. Even though defendants are prevented from using a medical marijuana defense in federal court, they can argue state law compliance at sentencing. ASA Chief Counsel Joe Elford will argue that Lynch in no way violated state law, something that U.S. Attorney Thomas O'Brien has alleged in his sentencing recommendations. At Lynch's previously scheduled sentencing hearing on March 23rd, federal district court Judge George H. Wu asked for written clarification from the U.S. Attorney General as to whether recent statements by that office would impact Lynch's sentencing. In a brief filed Friday, U.S. Attorney O'Brien stated that "the Deputy Attorney General has reviewed the facts of this case and determined that the investigation, prosecution, and conviction of defendant are entirely consistent with the policies of DOJ and with public statements made by the Attorney General with respect to marijuana prosecutions." Lynch's sentencing, which was originally postponed until April 30th, was changed by Judge Wu to April 23rd. What: Sentencing hearing for Charles C. Lynch at which state law compliance will be argued by Chief Counsel for medical marijuana advocates Americans for Safe Access When: Thursday, April 23rd at 10:30 a.m. Where: Los Angeles Federal Court, 312 N. Spring Street, Courtroom 10 "It's bad enough that the Justice Department is accusing Lynch of violating state law in order to sentence him in federal court," said ASA Chief Counsel Joe Elford. "But, there is not even any evidence that state law was violated." Despite a March 2008 public statement by then-Senator Obama that he was "not going to be using Justice Department resources to try to circumvent state laws" on medical marijuana, U.S. Attorney General Eric Holder has since stated that the DOJ would still "go after those people who violate both federal and state law." Advocates contend that the federal government should not even be prosecuting violations of state medical marijuana law. "It's disingenuous to accuse people of state law violations and then prosecute them under federal law, thereby denying them an adequate defense in federal court," continued Elford. Because of the June 2005 U.S. Supreme Court decision in Gonzales v. Raich, federal medical marijuana defendants are prohibited from entering evidence related to medical marijuana or their compliance with local and state laws. With more than two dozen pending federal medical marijuana cases, advocates are demanding that the government cease prosecutions or remove them to state court where evidence can properly be heard. Defense attorneys are seeking time served for Lynch, but he faces a mandatory minimum of 6 years and the possibility of up to 20 years in federal prison. Before his medical marijuana dispensary was raided by Drug Enforcement Administration (DEA) agents in March of 2007, Lynch had operated for 11 months without incident, and with the blessing of the Morro Bay City Council, the local Chamber of Commerce, and other community members. Two months after Lynch closed his dispensary, Central Coast Compassionate Caregivers, he was indicted and charged with conspiracy to possess and possession with intent to distribute marijuana and concentrated cannabis, manufacturing more than 100 plants, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21. None of the federal charges constitute violations of local or state law. Further information: DOJ Response to Judge Wu's request for clarification: http://www.safeaccessnow.org/downloads/DOJ_Lynch_Response.pdf Charles C. Lynch Interview with John Stossel: http://www.friendsofccl.com/johnstossel.htm Friends of Charles C. Lynch website: http://www.friendsofccl.com # # #
In The Trenches

TV Ad Campaign Boosts Medical Marijuana Bill

FOR IMMEDIATE RELEASE   
APRIL 21, 2009

TV Ad Campaign Boosts Medical Marijuana Bill
With Senate Vote Nearing, Spots With Real Patients to Air in Chicago, Peoria, and Decatur/Springfield/Champaign

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

SPRINGFIELD, ILLINOIS -- With a Senate floor vote on medical marijuana legislation expected by the end of the month, supporters are taking to the airwaves with a pair of TV spots in which real Illinois medical marijuana patients tell their stories. The spots, introduced at a Statehouse press conference today, have begun airing in the Chicago, Peoria, and Decatur/Springfield/Champaign media markets.

     The ads, featuring Lucie Macfarlane of Joliet and Lisa Lange Van Camp of Lindenhurst, can be viewed at www.mpp.org/ads.

     "I used to be on so many narcotics that I had lost my desire to live," said Macfarlane, who suffers from neurofibromatosis, a painful disease that causes tumors to grow on nerve tissue. "Marijuana literally helped save my life by allowing me to cut back on the highly addictive painkillers that I had been prescribed for over a decade. I'm now totally off Oxycontin and am only taking Norco and marijuana for my pain. I'm grateful for the opportunity to share my story with other Illinoisans, some of whom may be in need of this law more than I am."

     "Nobody should ever have to live in fear of arrest for treating their illness," said Lisa Lange Van Camp, a Lindenhurst resident who lives with severe osteoarthritis, complicated by a rare condition, Dercum's disease. To date, Lisa has had both knees replaced, had one spinal fusion and currently needs five more spinal levels fused. "I should have the right to make my own treatment decisions regarding medical cannabis, based on my physician's recommendation, and to do so with dignity.  I hope our lawmakers hear this message loud and clear and pass the medical marijuana bill without delay."

     "Seriously ill patients like Lisa and Lucie should not have to fear being arrested for using a medicine that can, and has, helped them," said Sen. William Haine (D-Alton), a four-term former state's attorney and sponsor of the medical marijuana bill. "It is our hope that my colleagues in the Senate will recognize that there are many patients out there who could benefit from this legislation and pass this sensible, compassionate bill now. We have changed the bill significantly to meet the concerns of law enforcement. It's time for the state of Illinois to meet the concerns of her citizens who are suffering and might be helped by the restricted use of marijuana."

     Rep. Lou Lang (D-Skokie), sponsor of the House version of the medical marijuana bill, said he hopes the new ads remind people how important the legislation is for real, suffering Illinois citizens.

     "These ads are a forceful reminder about what this bill is really about -- providing for the health and comfort of seriously ill patients who seek relief from a proven safe, effective treatment," Lang said.

     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.

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In The Trenches

Disenfranchisement News: Calif. Considers Banning More Voters

California: Court Justices Uphold Disenfranchisement, Senator Supports Banning More Voters The California Supreme Court let stand a ruling upholding California's absolute ban on voting by incarcerated persons and parolees, the Metropolitan News-Enterprise reported. The justices unanimously declined to review a ruling of the First District's Div. Two, where plaintiffs, representing people in prison and parolees, stated that the Fourteenth Amendment to the U.S. Constitution only permits disenfranchisement of persons convicted of common law felonies. California currently disenfranchises incarcerated individuals and parolees, but allows those on probation and formerly incarcerated to vote. An initiative was submitted last week, however, that would ban individuals from voting while on probation, the Sacramento Bee reported. Washington: A Long Time Coming The state Senate passed a bill that would automatically restore voting rights to individuals no longer "under the authority of the department of corrections." The bill, HB 1517, will become law once adopted by the House, which passed another version of the bill last month. Under the amendment, the right to vote is automatically restored, but may be revoked if an individual willfully fails to pay legal financial obligations three times within a 12-month period. Under current law, Washington residents with felony offenses are barred from voting until they have completed their sentence including parole or probation, and have paid all restitution and other court fees, the Associated Press reported in the Seattle Times. "We want to give men and women coming out of prisons a chance to go in a new direction," said Mike Carrell, R-Lakewood, who sponsored the amendment and voted for the bill. International: Voting in Prison is a Civic Right Commenting on The Independent's recent editorial supporting voting in prison, a writer's letter to the editor stated that the English government should reconsider its stance on disenfranchisement following a recent European court ruling. "...[T]he Council of Europe advocates a general stance of normalisation - making the position of prisoners as close as possible to that of people in the community as is consistent with the blunt realities of incarceration. The message to prisoners should be that they have responsibilities as well as rights, and voting, both a civic right and a responsibility, should be made available to them and encouraged." - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- email: [email protected], web: http://www.sentencingproject.org