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[Courtesy of The Sentencing Project]

I'm pleased to let you know of an article I have recently had published in the Ohio State Journal of Criminal Law that proposes the development of "Racial Impact Statements" as a means of assessing the impact of proposed sentencing policies.  I believe that such a policy would be of great benefit to policymakers and practitioners by establishing a proactive means of addressing a key dynamic in the criminal justice system.

In Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities, I suggest that these statements have much in common with fiscal and environmental impact statements that have become commonplace at many levels of government.  The goal of a racial impact statement would be to assess the projected impact of new sentencing legislation on racial and ethnic minorities prior to enactment of the policy.  If the statement indicates that unwarranted sentencing disparities might be produced, legislators would have the opportunity of considering alternative means of achieving public safety goals that would not exacerbate existing disparities.

I hope that this proposal will be of use to legislators, sentencing commissions, practitioners, and advocacy organizations alike.  Far too often in public policy discussions issues of racial disparity are examined after the fact.  By enacting this policy, we would have the opportunity to engage in a more constructive approach to assessing issues of race and the criminal justice system. 

I hope you find this article helpful in your work and would welcome hearing any reactions you may have.

Regards,

Marc Mauer

Executive Director

[Courtesy of Marijuana Policy Project]

The story I’m about to share with you sickens me. It’s a story of how our government turns the prohibition of medical marijuana into an excuse for murdering a cancer patient.

Dallas resident Stephen Thorton was a thyroid cancer survivor who used marijuana to control chronic pain, eliminate nausea, and gain weight. In 2005, a federal court in Texas convicted Thorton of “possession of a firearm by an unlawful user of a controlled substance and for distributing marijuana and marijuana plants.”

In other words, this cancer patient faced a federal prison sentence for having a gun that would have been legal except for the presence of marijuana, which he was using to treat a life-threatening illness.

Thorton fled Texas in late 2005, fearing that his prison term would undermine his battle against cancer — and in the process became a fugitive who was wanted by the U.S. Marshals Service. He took up residence in Raleigh, North Carolina, where he continued to grow his medical marijuana. Last week, he was shot and killed by law enforcement officers in a drug raid at his home.

Investigators said they thought Thorton was the “kingpin” of a marijuana manufacturing ring.

You can read more about this latest victim of our government’s war on marijuana users here.

While this story is outrageous, it isn't unique. On MPP’s Web site, you can read a whole series of stories about other drug war victims.

Please help end marijuana prohibition — and the frightening police actions that accompany it — by making a financial contribution today. We cannot keep fighting the federal government — including lobbying Congress to pass legislation to end the federal government’s raids on medical marijuana patients — without the generosity of people like you.

Thank you. I’m grateful for anything you can do to help end the government’s cruel war on the sick.

Sincerely,

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

• COLORADO: Another Return of Medical Marijuana
• CANADA: Caregiver Limits Found Unconstitutional
• IMPLEMENTATION: Cultivation Quantities Disputed
• WASHINGTON: Workers’ Rights Again in Question
• DISPENSARIES: Local Officials Challenged to Meet Need
• IN MEMORIAM: Patient Advocate Passes
• ASA BLOG: Comments from ASA Staff and Guests

COLORADO: Another Return of Medical Marijuana

Another case of wrongfully seized medical cannabis has come to a happy close in Colorado, as a former Marine had his medicine returned by police. The return is thanks largely to landmark litigation brought in part by Brian Vicente, director of the Colorado Campaign for Safe Access, a joint project of Sensible Colorado and ASA. Even the Washington Post is taking note.

Aurora Police Return Marijuana To Former Marine
by Rick Sallinger, CBS 4 Denver
Police in Aurora have given back dozens of marijuana plants they seized. The owner claimed the pot was being used for medicinal purposes and he had a state issued card to back it up.

Medical Marijuana Payback Burns Colorado Police
by Emil Steiner, Washington Post
Policing pot in Colorado is about to get a lot more complicated. The kick-in-the-door raids SWAT teams have long employed could now cost cities hundreds of thousands of dollars following two landmark court decisions upholding the state's constitutional protection of medical marijuana. Under the rulings, police departments are required to return any marijuana and paraphernalia taken from state-sanctioned growers, and can be sued by those growers if the crops aren't preserved.

CANADA: Caregiver Limits Found Unconstitutional

A federal court in Canada has again found that country's policies on restricting access to medical cannabis to be unconstitutional, saying the current approach has "caused individuals a major difficulty with access." In this case, the issue is the number of patients for which a person may provide cannabis, which had been limited to a single patient per grower, and the government's requirement that those who cannot grow their own use the cannabis provided by the government's contractor. The court's decision opens up the possibility of a more efficient dispensary model, such as California's.

Federal Court strikes down regulation limiting growers of medical marijuana
Canadian Press
Canadians who are prescribed marijuana to treat their illnesses will no longer be forced to rely on the federal government as a supplier following a Federal Court ruling that struck down a key restriction in Ottawa's controversial medical marijuana program.

Canada court rejects supply limit on medical pot
Canadian Press
A Federal Court judge has struck down a government regulation that prevents medical marijuana growers from producing the drug for more than one patient.

IMPLEMENTATION: Cultivation Quantities Disputed

The number of plants patients are legally entitled to grow has been a source of contention in California since medical use was approved by the voters. Californians had the wisdom to recognize that the amounts patients would require could vary considerably, so they did not try to mandate medication amounts. Since then, law enforcement, courts, local officials and even municipal referenda have tried to establish limits, but the law is clear in its silence on the subject, and cannot be changed except by another statewide initiative. What the legislature and local entities can do, is provide guidance on the levels at which law enforcement can decline to investigate further or refer matters to the courts for decision.

Medical pot users arrested
by Stacia Glenn, San Bernardino Sun (CA)
JoAnn Cates, who has 16 great-grandchildren, seems an unlikely candidate to be handcuffed and hauled off to jail for growing a marijuana crop in her backyard.

Pro-pot measure returns to ballot
Press-Democrat (CA)
A landmark 2000 Mendocino County marijuana measure will be back before voters in the June primary, a move taken Tuesday by the Board of Supervisors after a contentious three-hour public hearing.