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Legislative Deal Made on Rockefeller Drug Laws

In yesterday's Drug War Chronicle we reported that a deal seemed to be near for reform of New York State's infamous Rockefeller Drug Laws -- reform that appeared likely to eliminate mandatory minimum sentencing for many (though not all) of the state's drug defendants while allowing current Rockefeller prisoners to apply for commutations. The deal now reportedly has been reached. Click here for the latest from the New York Times, and here for the NYT archive on the topic. Tony Papa sent out the link for the following NYPost.com video about it too: The legislation is not perfect, and it doesn't help everybody -- check back for details -- but we are optimistic that this will help a lot of people and that we are at an historical turning point in the issue.
Chronicle
Chronicle

Reportaje: Surgen proyectos que exigen exámenes toxicológicos para recibir prestaciones sociales y subsidios de desempleo por todo EE.UU.

Frente a crisis económicas, <em>déficits</em> fiscales y listas de prestaciones sociales y subsidios de desempleo, algunos legisladores estatales están proponiendo una idea malísima: someter a los beneficiarios de prestaciones sociales y/o de subsidios de desempleo a exámenes toxicológicos. Pero hay una amplia gama de organizaciones alineada en contra suya. Ah, y también hay aquella latosa Constitución.
Chronicle

Reportaje: Asambleas tratan de proyectos de ley del “Buen Samaritano” para sobredosis en intento de reducir muertes

Vidas están siendo perdidas porque cuando alguien sufre una sobredosis con drogas, los amigos, con miedo de que los arresten o apresen a la víctima, dudan en buscar ayuda. En el 2007 Nuevo México se convirtió en el primer estado que aprobó una ley del Buen Samaritano para proteger a la gente que llama ayuda para acudir a sobredosis. Este año proyectos de ley parecidos están surgiendo por todo EE.UU.
In The Trenches

The Sentencing Project: "A National Disgrace"

Dear Friend: Yesterday, U.S. Senator Jim Webb (D-VA), took a bold step toward a more fair and effective criminal justice system. He introduced a bi-partisan bill with Senator Arlen Specter (R-PA) that would create a blue-ribbon commission to conduct an 18-month review of the nation's criminal justice system and offer concrete recommendations for reform. "America's criminal justice system has deteriorated to the point that it is a national disgrace," said Senator Webb. "With five percent of the world's population, our country houses twenty-five percent of the world's prison population. Incarcerated drug offenders have soared 1200% since 1980. And four times as many mentally ill people are in prisons than in mental health hospitals." We agree with Senator Webb's assessment of the criminal justice system. Since his election in 2006, The Sentencing Project has been working with Senator Webb to provide information and analysis on sentencing and drug policy, along with recommendations for reform. We commend Senator Webb for his leadership on this issue, and look forward to working with his office, and other leaders in the House and Senate to advance sentencing reform, examine racial disparity and improve the juvenile justice system. You can help The Sentencing Project continue to advocate for a more fair and effective criminal justice system by making a contribution to our work today. Every day, support from individuals like you is making a difference in The Sentencing Project's work to change the way Americans think about crime and punishment. Thank you. Sincerely, Marc Mauer Executive Director
In The Trenches

LEAP: Addiction is not a crime; it's a health issue

LEAP logo

"Help send a strong message that drug policy is a health - not a crime - issue."

Jack Cole pic

Jack Cole
26-year veteran cop
New Jersey State Police

Take Action

Dear Friends,

I'm writing to you from Law Enforcement Against Prohibition about an unprecedented opportunity to get our nation's lawmakers to finally realize that drug abuse and addiction is a public health - and not a criminal justice - issue.

As you probably know, President Barack Obama recently appointed Seattle Police Chief Gil Kerlikowske as his White House "drug czar," more formally known as director of the Office of National Drug Control Policy.

That means that the U.S. Senate will soon hold a hearing to question and confirm Chief Kerlikowske. Historically, the drug czar confirmation hearings are held in the Senate Judiciary Committee, the panel that handles crime and courts issues.

But, since many observers - including the president himself - have said that drug abuse is primarily a health concern, don't you think that the drug czar confirmation should be handled by the lawmakers who oversee such issues?

That's why I'm writing you today.

Please take one minute to visit
http://www.CopsSayLegalizeDrugs.com/health and send a letter to your two U.S. senators, asking them to support moving the drug czar confirmation hearing to the Senate Health, Education, Labor & Pensions Committee, a much more appropriate forum.

We've made it really easy for you to take action. All you have to do is enter your contact information and click "send." If you have an extra minute, you can edit our pre-written letter to personalize it for added impact.

With the new Obama administration, we are cautiously optimistic that there will be a humane shift in drug policy: from the current punitive and forceful model, to a more compassionate one founded in public health.

Indeed, President Obama has repeatedly called for a new health-based approach to drug policy, including when he told Rolling Stone magazine that he believes in "shifting the paradigm, shifting the model, so that we focus more on a public-health approach."

Now, we have a brief window of time to get the message to our elected officials that we want to turn this rhetoric into reality.

Please take one minute to visit
http://www.CopsSayLegalizeDrugs.com/health to do your part by taking action. Then, use the simple follow-up form to let your friends know about this opportunity, too.

Thanks so much for all that you do,
Jack Cole
Executive Director
Law Enforcement Against Prohibition
http://www.CopsSayLegalizeDrugs.com

P.S. Did you know that you can get a cool LEAP badge lapel pin just by making a $5 (or more, if you like) one-time donation or montly pledge?  Check out http://www.CopsSayLegalizeDrugs.com/badge for details.
In The Trenches

Press Release: NYCLU Applauds Pledge to Reform Rock Drug Laws, but Cautions to Wait for Details

CONTACT:

Jennifer Carnig, 212.607.3363 / [email protected]

NYCLU Applauds Pledge to Reform Rock Drug Laws, but Cautions to Wait for Details

FOR IMMEDIATE RELEASE

March 27, 2009 – The New York Civil Liberties Union applauded the pledge made today by the governor, senate and assembly to reform the draconian Rockefeller Drug Laws, but cautioned that the essential details of the agreement have yet to be revealed. What has been outlined so far reflects a significant shift in policy and an important agreement in principle, but significant details have yet to be worked out.

“What Governor Paterson, Speaker Silver and Majority Leader Smith committed to today is a new approach to dealing with drug offenses. After 36 years of locking up people who suffer from addiction and mental illness, this is an exciting step,” said NYCLU Executive Director Donna Lieberman. “The leaders of our state have finally recognized that the revolving door of lock-them-up-and-throw-away-the-key does not work. It has failed to make us safer and it has devastated communities. But the devil is in the details. We cannot celebrate reform of our state’s discriminatory, ineffective drug laws until we know the details.”

The agreement appears to embrace – for the first time and in a meaningful way – two important principles of reform: It includes a reduction of mandatory minimum sentences, and it includes a restoration of judges’ authority to send many drug offenders to treatment programs instead of jail.

“We have a commitment to the principles of reform,” said NYCLU Legislative Director Robert Perry. “But the real story is that this thing isn’t done yet. Our political leaders are trying hard to reach agreement on the details of a reform bill, but they haven’t done that yet. It’s really important that we all pay attention to the details that unfold in the coming days. The details could be the difference between meaningful reform of the Rockefeller Drug Laws and more of the same.”

Enacted in 1973, the Rockefeller Drug Laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Though intended to target drug kingpins, most trapped by the laws are convicted of low-level, nonviolent offenses. Many of the thousands of New Yorkers in prison suffer from substance abuse problems or issues related to homelessness, mental illness or unemployment.

For decades, the NYCLU, criminal justice advocates and medical experts have fought to untie the hands of judges and allow addiction to be treated as a public health matter. As noted in the New York State Sentencing Commission’s recent report, sentencing non-violent drug offenders to prison is ineffective and counterproductive, and has resulted in unconscionable racial disparities: Blacks and Hispanics comprise more than 90 percent of those currently incarcerated for drug felonies, though most people using illegal drugs are white.

- xxx -

Blog
In The Trenches

DEA Ignores New Policy, Raids SF Medical Marijuana Dispensary

DEA Ignores Policy, Raids San Francisco Dispensary
Raids Defy U.S. President and Attorney General, and need your response!

Dear ASA Supporter,

We never expected that the DEA would defy the public statements of both the U.S. President and the Attorney General in such an arrogant and brazen way.

And yet yesterday, the Drug Enforcement Administration raided a legal, permitted San Francisco medical cannabis dispensing collective against the will of the President and the Department of Justice... and we need you to respond RIGHT NOW!

In early February national media attention exploded around statements from a White House spokesperson and from U.S. Attorney General Eric Holder, telling the press that DEA raids would no longer continue, and that an end to such raids, according to Holder, was “now U.S. policy.”

And DEA's response?

They thumbed their noses at the President and immediately raided a legal dispensing collective and, according to the San Francisco Police, did not even inform local cops! DEA claimed that the permit-holding dispensary was "violating state law," but went on to say that evidence was "under seal" and could not be shared with the public.

The DEA is out of line and out of control, and this raid is nothing if not vindictive. Even if there was a violation of state law:

1. Why where there no arrests?
2. Why were local cops not involved?
3. Why are United States Federal Agents interpreting and enforcing California state law without consulting California officials?
4. Why was the collective not given due process through the proper authorities, but rather ransacked with a "smash and grab" raid?

DEA has twisted the words of the U.S. Attorney General, and thought that by saying publicly "they violated state law" that they could continue raiding whenever they want. Well that doesn’t fly. We DEMAND that the DEA stop immediately, and that U.S. Attorney General Eric Holder reprimand DEA Administrator Michele Leonhart for her blatant insubordination and violation of the “new American policy.”

Now it's up to you, and all it takes is two phone calls, one to U.S. Attorney General Eric Holder, and the other straight to the DEA.

Please call the U.S. Attorney General at (202) 353-1555 and say:

Hi, my name is _____________. First I want to thank you for your numerous public statements verifying the end of DEA raids on legal medical marijuana dispensaries in California. But on Wednesday the DEA went against your word and the word of the President of the United States by raiding a permitted dispensary in San Francisco. We respectfully demand that you issue a statement condemning and officially ending these raids until the Obama Administration has had a chance to review the new policy.

When you’re done, call the DEA at (202) 307-8000, ask for Administrator Michele Leonhart, and say:

Hi, my name is ___________. The U.S. Attorney General and the President of the United States have both made high-profile public statements, saying DEA raids on legal medical marijuana dispensaries is no longer U.S. policy. Yet your DEA raided a legal, permit-holding San Francisco dispensary yesterday, in conflict with these statements. This disgraceful and anti-democratic. Why is your agency not listening to the policy statements of our elected leaders and your boss? Is this how you'll run DEA if you are appointed in the Obama Administration? We demand that you STOP it immediately!

Sincerely,

George Pappas
Field Coordinator
Americans for Safe Access

P.S. Please forward this message to all your friends and family so that we can generate a response big enough to get officials to act!

In The Trenches

Drug Truth 03/26/09

The Unvarnished Truth About the Drug War From the Drug Truth Network NOTE: NEW DAY/TIME for CENTURY of LIES ! Century of Lies for 03/22/09, 29:00 Martin Jelsma director of Transnational Institute, interviewed at the UN Drug Conference in Vienna by Michael Krawitz + Terry Nelson Reports for Law Enforcement Against Prohibition LINK: http://www.drugtruth.net/cms/?q=node/2340 Cultural Baggage for 03/25/09, 29:00 UN Drug Conference NGO's speak in Vienna, with Professor Fredrick Polak, Terry Nelson of LEAP, Lennice Werth, Chris Conrad and Mikki Norris, courtesy Vienna Public RadioLINK: http://www.drugtruth.net/cms/?q=node/2339 Programs produced at Pacifica Radio Station KPFT in Houston, 90.1 FM. You can Listen Live Online at www.kpft.org - Century of Lies, SUN, 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT: NEXT: Dr. David Duncan - drugs & contaminants that kill - Cultural Baggage WED, 12:30 PM ET, 11:30 CT, 10:30 MT & 9:30 AM PT: NEXT: Guest TBD 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, Drug Truth Network Producer 713-849-6869, www.drugtruth.net