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Look Out, New York, It's Credico For Mayor! [FEATURE]

New York City has earned itself the sobriquet of Marijuana Arrest Capital of the World, with tens of thousands of minor pot possession arrests every year -- mostly of young men of color -- generated in good part by the city's equally infamous stop-and-frisk policing, again aimed primarily at the city's young and non-white residents. There's a man running an outsider campaign for the mayor's office there this year who wants to end all that.

Randy Credico during 2010 Senate campaign
Veteran Big Apple civil rights, social justice, Occupy Wall Street (OWS), and drug reform activist Randy Credico, who also doubles as a professional comedian, is mounting an insurgent campaign for the Democratic Party mayoral nomination, and he wants to end the city's drug war and a whole lot more, and he wants to do it now.

The inventively funny, yet deadly serious, agitprop artist has an ambitious 17-point program for his first day in office, with promises that range from going after "the biggest criminals in our city" -- the Wall Street bankers -- and reforming the city's tax code to favor the poor to rolling back privatization of city schools and reforming various city agencies.

But just beneath banksters and taxes is a vow to begin reining in the NYPD by firing Police Commissioner Ray Kelly (to be replaced with Frank Serpico) and "abolishing the NYPD’s unconstitutional policies of racial profiling, stop and frisk, domestic spying, entrapment, and its infamous (albeit unadmitted) 'quota system.'"

Central to that policing reform plank, Credico says, is reclassifying the smoking and carrying of marijuana as no longer an arrestable offense. He also vows to fire any officer who lies or perjures himself on the stand, and to bar the use of "no-knock" warrants and stun grenades "except in the case of legitimate terrorist attack."

And he wants to replace the city's Special Narcotics Office with a Harm Reduction Office, whose leadership he has offered to Drug Policy Alliance head Ethan Nadelmann. He also vows to shut down the Rikers Island prison and turn it into a treatment center and education facility with a state of the art library, and to nominate law professor Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Color-blindness, to run it.

That's quite a tall order for a first day in office, but Credico says he's up for it.

"I plan to stay up for 24 hours and get all that stuff done," he told the Chronicle.

Of course, first he has to win the Democratic Party nomination and then win the general election, and that's a pretty tall order, too. There is a bevy of candidates (polling data at the link as well) running for a shot at the prestigious post, and he is facing stiff establishment opposition in the primary, most notably from Public Advocate Bill de Blasio and the as yet officially undeclared city council Speaker Christine Quinn, who leads the other Democrats in early polls, but is in a close race with "undecided."

The Republican race includes a handful of announced or potential candidates led by former Metropolitan Transit Authority head Joseph Lhota (who still trails "undecided" by a large margin) and NYPD Commissioner Ray Kelly, who is as yet unannounced. The Libertarians may also field a candidate this year, possibly former "Manhattan madam" and gubernatorial candidate Kristin Davis, and we can't forget the Rent Is Too Damn High Party, either.

"The GOP has a rich guy who just jumped in, and the Democrats have a six-pack of hacks, all getting money from the real estate interests and Wall Street and none of whom will talk about the issues," Credico explained. "The Democrats are all doing the Schumer act -- just talking about the middle class, not the poor, the homeless, the division between the rich and poor, not about drug policy. This city is virtually a police state right now."

Credico has a remedy for that: Elect him.

"I will get rid of Police Commissioner Ray Kelly, who is a combination of J. Edgar Hoover and Joseph Fouche, Napoleon's dreaded head of the secret police. Everyone is afraid of him. He's got the Red Squads going; they were infiltrating groups at Occupy Wall Street. Kelly is doing all these joint operations with the feds under the guise of fighting terrorism, and this city is crawling with undercover cops -- FBI, DEA, AFT, all running joint task forces with the NYPD. They've foiled 14 plots, all hatched by the NYPD. Ray Kelly has way too much power," the veteran activist said flatly.

"There is a lot of money not only in the prison industrial complex, but also the police industrial complex," Credico noted. "They have asset forfeiture and lots of new schemes, tons of undercover agents, who are really there to beat up on the black community. They infiltrate, demonize, and destroy lives, and this has to stop."

Credico has been active in the Occupy Wall Street moving, having been arrested five times by the NYPD, but before that, he was active in the city's minority communities for years, working to reform the Rockefeller drug laws with the William Moses Kunstler Fund for Racial Justice (in between stints flying out to Tulia, Texas, to deal with the bogus mass arrests of black men on drug charges there), and fighting stop-and-frisk. He currently is taking time out of his days to attend hearings in the criminal trial of the NYPD officer who shot and killed unarmed 18-year-old Ramarley Graham in his own bathroom as he was flushing a bag of weed down the toilet.

"I go to every one of the court dates and sit right next to his mother," he said. "This cop invaded Ramarley's house and shot him in the head for weed, but it's not an isolated incident. No cops go to jail for killing a black person, but a spit on a cop and you can go to jail for years. This is just one cop -- and he's like the Lt. Calley of the NYPD. [Editor's Note: Calley was the sole US Army officer convicted of a crime in the Vietnam War My Lai massacre.] It's not an isolated incident; it's the policy, the same policy that killed Ramarley Graham and Sean Bell and Amador Diallou. So many people have been killed by the NYPD, and it's not just the guys on the street; it's a brutal force."

Marijuana could also be a wedge issue for him, Credico said.

"I'm a committed pot smoker, and I think it should be legal, and I'm the only candidate saying it should be legal. Of course, it's up to the state legislature to do that, but I would direct the NYPD not to enforce those laws and particularly not to arrest anyone."

Under current state law, pot possession is decriminalized, but beginning with Mayor Rudy Giuliani, the NYPD had a policy of turning what should have been tickets for possession into misdemeanors by either reaching in someone's pocket and removing the baggie or intimidating the person into revealing it himself, thus elevating the offense from an infraction to the misdemeanor of "public possession." Under increasing pressure over the tactic, Commissioner Kelly last year issued an order for it to stop, and arrests have declined somewhat, but still remain at unacceptably high levels.

In 2011, there were some 50,000 marijuana possession arrests in the city, nearly 80% of them of people of color. Nearly one-quarter (12,000) were youth aged 16 to 19, and of those, 94% had no prior criminal records.

And it's not just marijuana, Credico said.

"There should be no more prosecutions for drug possession," he said. "They should be going after the real criminals, the guys on Wall Street. They don't have to go up to Harlem and Washington Heights, the real big barracudas are right down here."

The city's criminal justice system is rotten to the core, he said.

"This is like Tulia, this is like the South," he moaned. "The criminal justice system here is a black box where blacks and Latinos go in and disappear into the penal system. The cops are white, the judges are white, the prosecutors are white -- only the Bronx has a rainbow coalition of prosecutors -- the rest are white, and they're going after black people in this city."

Many of those busted ended up in Rikers Island or the Tombs, often after first spending hours or days crammed into precinct holding cells.

"Rikers Island is like Alcatraz for poor people on minor drug offenses," said Credico. "It's all Mickey Mouse; there's no Hannibal Lectors there. They need to turn it into a university for poor people. And no one is talking about the Tombs. I've been there. There are lots of junkies in there going through withdrawals, filthy toilets, people penned in like cattle. No one will talk about that, or about the hundreds of precincts with their holding cells."

Unsurprisingly, Credico doesn't think much of his establishment opposition.

"Christine Quinn is Bloomberg in drag wearing a red wig," he declared, "and de Blasio supported stop-and-frisk. He was also Hillary's hit man when she was running for the Senate, and derailed Grandpa Munster Al Lewis's campaign then."

Lhota, who has recently made noises about legalizing marijuana, "looks like a weed head," Credico snorted. "But I actually smoke it."

Now, Credico has to go through the process of qualifying as a Democratic candidate, smiting his foes within the party, and then taking on the Republican challenger in the general election. His first official campaign task will be to complete a month-long signature-gathering drive in late spring to qualify for the primary.

"I'll be on talk shows -- people all over the place are asking for interviews -- making some ads and some YouTube videos, and they'll be interesting and funny. It will be a very entertaining campaign. We have buttons coming out soon, we have the web site, there are people who will be putting ads in the Nation," he explained.

"Drug reformers are interested in my campaign, and I've got tons of volunteers from the stop-and-frisk campaigns and people from OWS," he said. "I'm getting a lot of attention right now."

Credico, of course, is a long-shot, but even if he doesn't become the next mayor of New York, to the degree that his campaign shines a light on the problems in the city's criminal justice system and forces other candidates to address them, he will be judged a success.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

New York City, NY
United States

Third Party Candidates Call for Legalization

Three of four third party presidential candidates used a Tuesday night debate to come out in favor of marijuana legalization and to criticize drug prohibition in general. Neither the topic of marijuana legalization nor the larger topic of the war on drugs was mentioned in the three separate debates between President Obama and Republican challenger Mitt Romney.

Third party candidates were excluded from those debates.  

Unlike the major party presidential debates, which were carried live by multiple mainstream media outlets, the debate sponsored by the Free and Equal Elections Foundation suffered a virtually media blackout in the US, but was broadcast by Russia-based RT TV and Al Jazeera News.

"We don't need to just legalize marijuana in this country, we need to end drug prohibition just as we did alcohol Prohibition, and treat drug use and abuse as a public health and educational issue and get it completely out of the criminal justice system," said former Salt Lake City mayor Rocky Anderson, presidential candidate for the Justice Party.

"I'm not for legalizing drugs. If you want that, vote for one of them. Don’t vote for me," said independent candidate Virgil Goode, a former Virginia Republican congressman.

Goode added that federal funding for the war on drugs should be reduced and that enforcement should primarily be a state issue. He then went on to suggest other areas of federal funding that he would like to see reduced, leaving moderator Larry King to remind him to stick to the topic at hand.

"We're on drugs. We're on drugs," King said.

Libertarian candidate Gary Johnson followed Goode, and there were no surprises from the long-time advocate of legalization.

"Let's legalize marijuana now -- and right now in this country, we are on a tipping point on this issue," he said to enthusiastic cheers. He added that he is not "advocating drug use," but rather acknowledging that it is an "issue that belongs with families, not in the criminal justice system."

"I am not a hypocrite on this issue," Johnson said. "I have drank alcohol, I have smoked marijuana… In no category is marijuana more dangerous than alcohol. And yet we are arresting 1.8 million people a year in this country on drug-related crime."

Last up was Green Party candidate Jill Stein, who drew on her career as a doctor to challenge the war on drugs.

"Marijuana is a substance that is dangerous because it’s illegal," Stein said. "It's not illegal on account of being dangerous, because it's not dangerous at all."

The Free and Equal Election Foundation will hold another debate on October 30. It asked viewers to rank the four candidates in order of preference, with the top two vote-getters moving on to the final debate, but no results have been announced yet.

 

 

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chicago, IL
United States

Initiative Watch

Just over a month out, medical marijuana and marijuana legalization initiative campaigns are heating up.

Arkansas

See our feature article this week on the Arkansas initiative and its prospects here.

California

All was quiet on the Proposition 36 three-strikes initiative front.

Colorado

Last Thursday, a group of armed forces veterans came out for Amendment 64. The group, Veterans for 64, was formed after the state denied a plea to add post-traumatic stress disorder (PTSD) to its list of ailments for which medical marijuana can be used. "The state's failure to act is an effective denial of this compassionate petition," said Vietnam veteran Bob Wiley. "Our only option is to support Amendment 64, which will ensure that Coloradans 21 and older who suffer from PTSD will no longer be subject to arrest and prosecution for using marijuana."

Also last Thursday, a study found that one in 20 Colorado arrests are marijuana-related. The study, conducted by the Colorado Center on Law and Policy for the Drug Policy Alliance found that police forces in the state spend about 4.7% of their budgets enforcing marijuana prohibition, the courts spend 7%, and the corrections system spends 2%. All told, the study concludes that legalizing small amounts of marijuana will save Colorado taxpayers $12 million a year in the beginning and up to $40 million a year in later years.

On Tuesday, Republican state Sen. Shawn Mitchell endorsed Amendment 64. "It's clear the war on drugs isn't working, and we need to try different approaches to this in society," said Mitchell, who has long had a libertarian-style view of drug use, based in part on his own family's experience. "Watching a brother battle addiction has made me question the worth of legal penalties," he said. He joined former US Rep. Tom Tancredo and a handful of other Republican supporters organized by the Republican Liberty Caucus at a rally at the capitol that day.

On Wednesday, the Amendment 64 campaign released a new TV ad arguing that money from marijuana sales should go to Colorado schools, not Mexican drug cartels. "We all know where the money from non-medical marijuana sales is currently going," the narrator says as dollar signs cascade down from Colorado and into Mexico. "It doesn't need to be that way. If we pass Amendment 64, Colorado businesses would profit and tax revenues would pay for public services and the reconstruction of our schools. Let's vote for the good guys and against the bad guys -- let's have marijuana tax money go to our schools rather than criminals in Mexico."

Massachusetts

On Wednesday, opponents of Question 3 gathered in Somerville to discuss the measure. Some 20 people, including Somerville Police Chief Thomas Pasquarello, gathered for a talk by Cory Mashburn, Director of the Somerville Office of Prevention, part of the Somerville Health Department. Dispensaries will resemble "candy stores or a 7-11," he told the small crowd.

Montana

All was quiet on the I-124 front.

Oregon

Last Thursday, the Yes on 80 campaign criticized a raid on a major medical marijuana provider. The campaign addressed that day's raid on the Human Collective in Tigard, saying "prohibition is the problem, regulation is the solution."

On Wednesday, the Associated Press reported on money problems for Measure 80. The campaign had only $1,800 in the bank, the AP reported, citing potential large donors' doubts about the measure's ability to win and skepticism about the measure's main backer, Paul Stanford. The measure is trailing in the polls.

Washington

On Sunday, the Columbian (Vancouver, WA) endorsed I-502.

As of Monday, the I-502 campaign had raised $4 million, including $670,000 donated last week by Progressive Insurance founder Peter Lewis, who has now thrown in a total of $1.55 million. The campaign used some of that money for a $700,000 TV ad buy for use in the final week before the election.

Also on Monday, the campaign won the endorsement of King County Sheriff Steve Strachan, who is running for re-election. "I think the current situation is bad for the rule of law, bad for the criminal justice system and and it sends a bad message to our kids," he said. Strachan's opponent, longtime Sheriff's spokesman John Urquhart, previously endorsed I-502.

On Tuesday, the Spokane Spokesman-Review endorsed I-502.

On Wednesday, Republican US Senate hopeful Michael Baumgartner endorsed I-502, giving the campaign one of its highest-profile Republican supporters yet. He is running a long-shot bid to defeat Democratic US Sen. Maria Cantwell. I-502 is "taking a different approach to a very expensive drug war, and potentially a better approach," Baumgartner said. "They've checked all the boxes as far as what you would want to see happen in terms of provisions to keep it away from children and limiting access in the public space. I've just been impressed with the initiative and the people running it."

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Medical Marijuana Update

Mitt Romney (mis)speaks out on medical marijuana, the LA dispensary ban is repealed, and the feds keep on grinding away at medical marijuana providers with another conviction in Montana and a lengthy prison sentence in Michigan. And that's just for starters. Let's get to it:

National

On Monday, GOP presidential candidate Mitt Romney weighed in on marijuana policy. Asked by the Denver Post what he thought about Colorado's medical marijuana industry, Romney responded, "I oppose marijuana being used for recreational purposes and I believe the federal law should prohibit the recreational use of marijuana." Later the same day, his campaign clarified to the Washington Post that "Governor Romney has a long record of opposing the use of marijuana for any reason. He opposes legalizing drugs, including marijuana for medicinal purposes. He will fully enforce the nation's drug laws, and he will oppose any attempts at legalization."

Arizona

Last Thursday, the state ACLU joined a lawsuit supporting the Arizona Medical Marijuana Act. The lawsuit, filed by White Mountain Health Center, seeks to compel county and state officials to move forward with the dispensary permitting process. Maricopa County Attorney Bill Montgomery has refused to issue the documentation to any proposed dispensaries in Maricopa County because he claims the law is preempted by the federal Controlled Substances Act. The lawsuit lists Montgomery, Maricopa County, and the state Health Department and its director, Will Humble, as defendants. A hearing is set for October 19.

California

On Tuesday, the LA city council voted to repeal its recent ban on dispensaries. The 11-2 vote came after activists gathered enough signatures to put a referendum repealing the ban to a direct vote. Rather than hold a March election that could give an okay to dispensaries, the council is counting on federal enforcement to accomplish what it hoped to achieve with its ban. "That is our relief," Councilman Jose Huizar said of the DEA raids and threat letters to dispensaries that began last week.

Last Tuesday, the DEA raided an Anaheim dispensary, the Live Love Collective, seizing two kilos of dried marijuana, 75 kilos of marijuana-laced edibles, 900 grams of hash and a kilo of marijuana gel, according to DEA officials. The shop had been warned by the feds that it was violating federal law in November 2011 and was also among 128 dispensaries issued "cease and desist" orders by the city of Anaheim.

Connecticut

On Monday, the state's medical marijuana law went into effect. Doctors will now be able to go online at the Department of Consumer Protection and begin the registration application for qualifying patients. This is the first step in the fledgling program; the agency has until  July 1 to submit new regulations to the General Assembly on how it will be dispensed.

Michigan

On Monday, the Ann Arbor city council postponed action on amending its licensing ordinance. The suggested amendments including removing language suggesting involvement in regulating the industry by city staff, setting a cap of 20 on dispensaries in the city, and licensing 10 dispensaries. The council has steadfastly failed to move on the ordinance revisions since they were proposed at its January meeting, and they could die if not acted on within the next six months.

Also on Monday, a Monroe County caregiver was sentenced to 10 years in federal prison. Gerald Duval Jr. and his son Jeremy had been raided by the DEA and charged with federal marijuana cultivation and trafficking offenses. They were convicted after a trial in which Michigan's medical marijuana law, with which they were in compliance, could not be mentioned. Jeremy Duval was set to be sentenced Tuesday, but there is no word yet on his sentence.  Americans for Safe Access called the Duvals' case "another tragedy from President Obama's war on medical marijuana."

Montana

Last Wednesday, the Montana Cannabis Association asked the state Supreme Court to reconsider its September ruling that a ban on marijuana sales does not violate the constitutional rights of registered users or providers. The ruling overturned a lower court decision to block part of lawmakers' restrictive rewrite of state regulations, and sent the case back to District Court with new instructions. The association argued that a new state law should be held to a higher standard of review. The Supreme Court decision is in abeyance until the justices address the motion and formally send the case back to the lower court.

Last Thursday, a medical marijuana provider was found guilty in federal court of multiple federal charges, including conspiracy to manufacture, possess and distribute marijuana and firearms charges. Chris Williams was the greenhouse operator for Montana Cannabis, where DEA agents seized 950 plants in one of the March 2011 raids that swept the state, decimating its nascent medical marijuana industry. As per usual, he wasn't permitted to argue that he followed state laws regulating medical marijuana.  He said he would appeal. One of his partners in Montana Cannabis, Tom Daubert, recently received a probationary sentence after pleading guilty, but another set of partners, the Flor family, weren't so fortunate. They all got prison sentences, and 68-year-old Richard Flor died in federal prison earlier this summer.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Drug Policy in the 2012 Elections II: The Parties and the Presidential Race [FEATURE]

As the 2012 election campaign enters its final weeks, all eyes are turning to the top of the ticket. While, according to the latest polls and electoral college projections, President Obama appears well-positioned to win reelection, the race is by no means a done deal, and there's a chance that marijuana policy could play a role -- especially in one key swing state, Colorado, where the Campaign to Regulate Marijuana Like Alcohol is running a popular and well-funded campaign to pass Amendment 64.

President Obama (wikimedia.org)
But other than that, marijuana policy in particular and drug policy in general do not appear likely to be big issues, at least between Obama and his Republican challenger Mitt Romney. That's because both candidates hold similar positions:

Both oppose marijuana legalization, which will also be on the ballot in Oregon, and Washington. Obama, while at least paying lip service to patient access to medical marijuana, which will be on the ballot in Arkansas, Massachusetts, and Montana, has presided over a Justice Department crackdown on medical marijuana distribution, while Romney appears irritated and uncomfortable even discussing the issue.

"With Obama, we've all been disappointed with the backtracking, although he also needs credit for the original Ogden memo and opening the gates to a wider proliferation of medical marijuana around the country," said Drug Policy Action head Ethan Nadelmann. "For the people most disappointed with that, the paradox is that Romney offers very little of promise."

That was illustrated by GOP vice-presidential nominee Paul Ryan's brief flirtation with medical marijuana. Last Friday, Ryan said medical marijuana was a states' rights issue. The comments came in Colorado, where the issue is hot.

"My personal positions on this issue have been let the states decide what to do with these things," he said in an interview with a local TV reporter. "This is something that is not a high priority of ours as to whether or not we go down the road on this issue. What I've always believed is the states should decideI personally don't agree with it, but this is something Coloradans have to decide for themselves."

But Ryan, who has a previous voting record opposing states rights to medical marijuana, did half a backtrack the next day, when one of his spokesmen explained that Ryan "agrees with Mitt Romney that marijuana should never be legalized."

Obama as president has supported increased drug war funding to Mexico and Central America, and Romney as candidate supports it as well. But his views are malleable. When running for the nomination in 2008, Romney suggested that spending on interdiction was a waste, and the money would be better spent on prevention here at home. Again, that is not so different from the Obama position which, rhetorically if not budgetarily, emphasizes treatment and prevention over interdiction and law enforcement.

The relative quiet around drug policy in the two campaigns is reflected in the Democratic platform and the Republican platform. There are only a handful of mentions of drugs or drug policy in the Democratic platform -- and the word "marijuana" doesn't appear at all -- all of them having to do with either combating international organized crime or touting the Obama administration's baby steps toward a slightly more progressive drug policy.

One of those progressive measures was overturning the federal ban on needle exchange funding, but the platform makes no mention or that or of the words "harm reduction." It does urge "supporting local prison-to-work programs and other initiatives to reduce recidivism, making citizens safer and saving the taxpayers money" and says the Democrats "will continue to fight inequalities in our criminal justice system," pointing to the passage of the Fair Sentencing Act as "reducing racial disparities in sentencing for drug crimes." The act actually addresses only crack cocaine sentencing.

While emphasizing their tough on crime positions, the Republican platform also takes some baby steps toward a more progressive drug policy. It calls for rehabilitation of prisoners and for drug courts, supporting state efforts to divert drug offenders to treatment, and it criticizes the federalization of criminal offenses. But the single most dramatic change in the Republican platform is that has eliminated what was in previous platforms an entire section on the war on drugs.

Just as with the candidates, the platforms give drug policy little time or space. In an election driven by the economy and the fires burning in the Middle East, the issue is going to get short shrift, especially when there is little daylight between the candidates on the platforms on the issue.

There are alternatives to the bipartisan drug policy consensus, but they remain on the margins. At least three third party candidates, Rocky Anderson of the Justice Party, Libertarian Party nominee Gary Johnson, and Green Party nominee Jill Stein, are calling for an end to the drug war and marijuana legalization, but they are all but shut out of presidential debates and media interest.

Mitt Romney (mittromney.com)
Since there is little substantive difference in the drug policy positions of the two front-runners and since their positions on marijuana legalization put them at odds with half the country -- 50% now support legalization, according to the most recent Gallup poll -- neither candidate has much incentive to open his mouth on the issue. And they may be able to get away with it.

"Can the campaigns get away with not talking about marijuana?" Drug Policy Action head Ethan Nadelmann asked rhetorically. "That depends. First, will the question get popped at one of the debates? I don't know how to influence that. The second possibility will be if the candidates are obliged to answer a question somewhere, but I don't know how much they're taking questions -- their handlers are trying to keep them on message. The third possibility is that they will say something at private events, but who knows what gets said there?" he mused.

"They are certainly going to try not to talk about it," said Morgan Fox, communications director for the Marijuana Policy Project. "Given Romney's anger at a reporter for bringing up the issue and Obama's reluctance to address questions about marijuana policy in public forums, one can expect them to continue this behavior until forced to answer questions by the media or the public."

That leaves voters for whom marijuana reform is an important issue hanging out to dry.

"Unless one of the candidates sees an opportunity for a large boost in support by changing his position on marijuana policy, voters will be forced to choose between either third party candidates or the major party option that they think will do the least amount of damage to reform efforts going forward," said Fox. "If we consider Obama's behavior so far and Romney's staunch anti-marijuana statements (as well as the fact that he has never used it) it becomes a really difficult choice for voters."

Nadelmann begged to differ on that point.

"Romney has been more hostile on this issue than McCain or Bush or any Democratic candidates since Bush the Elder," he said. "He is visibly uncomfortable and even hostile regarding even the most modest drug policy reforms. Romney said if you want to legalize marijuana, you should vote for the other guy. That's very telling, with over 50% of independents and even more than 30% of Republicans supporting marijuana legalization. Why would Romney say that? The Obama campaign would have a hard time running with this, but someone else could."

Still, the lack of space between the major party candidates on the issue may leave an opening for Anderson or Johnson or Stein, Fox said.

"These candidates are the only ones offering real solutions to the quagmire of marijuana prohibition, or even taking definitive stances on the issue. The more they continue to draw public attention to marijuana reform while the major players stay silent, the more we can expect voters to pay attention to them and take them seriously," he predicted. "We can also expect their vocal support for reform to draw the attention of the major candidates and possibly elicit some sort of positive response from one or both of them. Whether that response will be sincere or simply lip-service to prevent third-party candidates from siphoning votes in key elections remains to be seen. However, even the latter would be a sign that the message is getting out and that politicians are at least starting to realize where the public stands on marijuana."

The one place where marijuana policy discussion may be unavoidable and where marijuana policy positions could influence the statewide electoral outcome is Colorado. Marijuana is a big issue in the state, not only because Amendment 64 is on the ballot, but also because of the ongoing war of attrition waged against dispensaries there by the DEA and the US Attorney. (The Colorado Patient Voters Project tracks federal activity against medical marijuana in the state, as does our own Medical Marijuana Update series, accessible with other relevant reporting in our medical marijuana archive section.)

Gary Johnson (garyjohnson2012.com)
And it's a tight race where one third party candidate in particular, Gary Johnson, is making a strong run and exploiting his popular legalization position on marijuana. While the Real Clear Politics average of Colorado polls has Obama up 48.7% to Romney's 45.3%, the race tightens up when Johnson is included in the polls.

"I think Colorado is key," said Nadelmann. "It has the initiative and it's a swing state, and there is the possibility that Gary Johnson or the Green candidate could make a difference. The polling has been split, and the question with Gary Johnson is whether he draws more from Obama or Romney."

One recent poll may hold a clue. Among the polls included in the Real Clear Politics average is a new Public Policy Polling survey, which had Obama beating Romney 49% to 46%. But when the pollsters added Johnson to the mix, he got 5%, taking three points away from Obama, but only two from Romney, and leaving Obama with only a two-point lead, 46% to 44%.

This year's election results from Colorado could mark a historic point for the marijuana reform movement, and not just because of Amendment 64, said Fox.

"This is a state where we are really going to see the power of this issue as it relates to elections," he said. "This is possibly the first time that marijuana policy could affect the outcome of a presidential election. That just goes to show how far reformers have come in just a few short years. As public opinion in support of ending prohibition continues to grow, the paradigm is going to shift from politicians avoiding the issue at all cost or being knee-jerk reactionaries who want to appear 'tough on crime' to candidates addressing marijuana policy in a rational manner as a way to build support."

We'll see in a few weeks how this all shakes out, but before then, we'll be taking an in-depth look at pot politics in Colorado in the context of Amendment 64. Stay tuned.

Please read our last week's feature, overviewing the various state ballot initiatives: Drug Policy in the 2012 Elections I: The Initiatives.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Oakland to President Obama: Change Your Ways! [FEATURE]

Several hundred -- perhaps as many as a thousand -- medical marijuana patients, providers, and supporters took to the streets of Oakland Monday afternoon to put President Obama on notice that they are extremely unhappy with his administration's crackdown on dispensaries. The president arrived at the Fox Theater in downtown Oakland for a fundraising event later Monday evening.

signs in business reflect community support (all photos by Drug War Chronicle)
The crowd was up in arms over the federal offensive that has seen hundreds of California dispensaries shuttered by threats of asset forfeiture or criminal prosecution since the state's four US Attorneys announced the joint offensive last fall. But it was even more incensed by the May raids on Richard Lee's Oaksterdam University and last week's issuance of asset forfeiture lawsuits aimed Harborside Health Center, the nation's largest medical marijuana dispensary.

Steve DeAngelo, Harborside's chief executive officer, led the raucous march past Oaksterdam University as it circled the Fox Theater before returning to Frank Ogawa Plaza. Waving signs saying "Fight Crime, Not Cannabis" and "Save Harborside, Save My Job," demonstrators chanted "Obama, keep your promise!" and shouted obscene references to the drug war.

Local businesses around Oaksterdam showed their support by displaying green flags. And numerous passing motorists honked in support, drawing huge cheers from the crowd.

Earlier in the day there was street theater at Frank Ogawa Plaza, followed by an early afternoon press conference at Oaksterdam University to denounce the offensive against the dispensaries in general and the recent assault on Harborside, one of the movement's flagships, in particular.

"I'm not going to be using Justice Department resources to try to circumvent state laws on this issue," Obama pledged during the 2008 campaign. The patients, providers, and political figures who stood before the microphones and TV cameras demanded that he -- and the federal agencies he controls -- abide by that pledge.

Steve De Angelo preparing to lead the march
"This is a watershed moment for our movement," said De Angelo. "If the US Attorneys are able to come after Harborside, no other dispensary will be safe. We want an immediate freeze on all such law enforcement actions until the highest levels of Justice can review them to ensure they are consistent with administration policy not to target organizations compliant with state law. Today, we are sending the president a message that will be too powerful to ignore."

"An attack on providers is an attack on patients," said Oaksterdam University executive chancellor Dale Sky Jones. "Attacking the providers keeps the criminals in charge of distribution and profits the cartels," she charged. "Name the advantages of continuing this failed policy, Mr. President."

Bob Swanson, a spokesman for Alameda County Supervisor Nate Miley, was there to show Miley's support for the medical marijuana community. Miley was going to take a resolution passed by the county Democratic Party Central Council condemning the crackdown before the county board of supervisors, he announced.

"We're spending millions to bust dispensaries providing services to sick people," Swanson said. "President Obama needs to understand that his prosecutors have gone rogue -- they've gone Sarah Palin on him. This may cost him votes, and he needs every vote he can get."

on the march
Local officials have reason to support the dispensaries. In addition to providing services for the sick, they provide jobs and tax revenues. With its 100,000 patients, Harborside alone employs more than a hundred people and did more than $22 million in business last year, generating $1 million in tax revenues for the city of Oakland and another $2 million for the state of California.

But it wasn't just local officials. The press conference also drew Libertarian Party vice-presidential candidate Judge Jim Gray, hoping to find support for himself and the top half of his ticket, former New Mexico Gov. Gary Johnson, among those disenchanted with the administration's medical marijuana policies.

"Nothing good will come from closing down places like Harborside and Oaksterdam," said Gray, a longtime critic of drug prohibition. "Patients will have to go underground to get their medicine, and it won't result in less availability; it'll just make it illegal, giving more money to the drug cartels and criminal gangs," he argued.

"I proudly represent Gary Johnson, who understands this whole drug war system," Gray said, garnering loud applause. "He stands with you today, and I stand with him. There is no hope for medical marijuana dispensaries if either Obama or Romney is elected -- only Gary Johnson will ensure their survival."

Jason David, father of medical marijuana patient Jayden David, addressing the media
"This federal crackdown is the broadest and most serious since voters here approved medical marijuana in 1996," said Don Duncan, California coordinator for Americans for Safe Access. "We've got paramilitary-style raids, we've got intimidation in the financial sector, we've got denial of gun rights. An attack on patients' access is an attack on medical cannabis patients. It is legal patients and their caregivers who comprise our co-ops and collectives, that's who's going to suffer. If the administration wants the support and enthusiasm of our people, they're going to have to stop attacking medical cannabis patients."

There were several wheelchair-bound medical marijuana patients on stage as well, including Yvonne Westbrook-Whig, a multiple sclerosis sufferer who asked the president to "please show some compassion," but it was Jason David, whose young son, Jayden, suffers from a severe seizure syndrome, who most vividly brought home the impact of the attack on dispensaries.

"You have two beautiful daughters, Mr. President, you can imagine how it would feel, but you're going to shut down Harborside, the medical marijuana facility that takes care of my son's needs. What am I going to do? We use a CBD tincture that is non-psychoactive to reduce his seizures -- he's had more than 300 of them -- please help me save my son and help out the medical marijuana community. He's had to make 45 trips in the ambulance, but not one since medical marijuana. Everything you said before the election turned out to be a lie. Mr. Obama, I want some answers."

None have been forthcoming so far, but the medical marijuana community in Oakland and its supporters are doing everything they can to get the president to notice he has a problem. 

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Oakland, CA
United States

Rally at Obama Fundraiser, Oakland on Monday, to Save Harborside and Medical Marijuana

(Update: Live video feed from the protest.)

July 23rd, 3:30 PM OBAMA KEEP YOUR PROMISE!

Protest federal cannabis raids when the President visits Oakland, the target of DOJ raids on Harborside, Oaksterdam U., and other medical cannabis centers.

Gather at Oakland City Hall Plaza, 1 Frank H. Ogawa Plaza:

12 noon - Political Theater
3:00 pm - Protest
4:30 pm - President Obama arrives at Fox Theater

http://www.facebook.com/events/342631035818988/

http://stopthedrugwar.org/trenches/2012/jul/20/rally_monday_obama_fundraiser_oa

#SaveHarborside

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Data: 
Mon, 07/23/2012 - 12:00pm - 6:00pm
Localização: 
Oakland, CA
United States

Will Obama Be Better on Drug Policy in His Second Term?

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Marc Ambinder has a totally weird and distracting piece in GQ today saying that unnamed sources have told him to expect important drug policy reforms if Obama is re-elected. I think it's a bunch of crap.

According to ongoing discussions with Obama aides and associates, if the president wins a second term, he plans to tackle another American war that has so far been successful only in perpetuating more misery: the four decades of The Drug War. [GQ]

That's just the first sentence of many, but we can stop right here because I think there's been a huge misunderstanding. Marc Ambinder seems to think that Obama's people talking about reforming drug policies is a meaningful event, but alas it is anything but that.

Not so many weeks ago I watched with my own eyes as Obama's drug czar draped himself in the flag of reform at an event that was designed to placate pre-election frustration among progressives with regards to Obama's absolute failure to fix a single aspect of the massive war on drugs. The Obama Administration will tell anyone willing to listen that they are thinking creatively about solutions to our swollen criminal justice catastrophe, and it's hardly the sort of "exclusive" breaking news Ambinder breathlessly brings us.

In fact, the real story is the exact opposite of what was reported here. Obama isn't trying to win political points by pretending to support the war on drugs until after the election, at which point he will begin implementing important reforms. He's actually trying to win political points by pretending not to support the war drugs until after the election, at which point he can continue waging the drug war worse than ever.

You see, the drug war is really rather unpopular these days. You score more political points by attacking it than by propping it up, which is exactly why these "aides and associates" of Obama's have no problem telling their friends in the mainstream press about the President's bold post-election plans for fixing flaws in our drug policy. They're just saying this stuff because they know people want to hear it.

The most inaccurate statement you can make about Obama's approach to drugs is that he's trying to look tougher than he actually is. In reality, this administration speaks routinely of backing away from harsh policies, while simultaneously deploying the same drug war demolition tactics we've endured for decades. 

If anyone in the press is looking for a good story about Obama's approach to drugs, I'd recommend looking into the massive facade of false promises that's already unraveling in front of us, rather than regurgitating further rumors of future reform. 

 

Follow Scott Morgan on Twitter: www.twitter.com/drugblogger

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Obama and Romney Can't Ignore Marijuana Anymore

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It's kinda hard to pretend pot doesn't exist when almost everyone is talking about it. This week, both Reuters and  Associated Press dropped big stories about the implications of marijuana policy on the presidential election and the whole discussion is making Obama and Romney look a little silly.

Voters in this presidential battleground state won't just decide whether to go red or blue this fall but also green -- as in marijuana.

Whether to legalize marijuana will be on the Colorado ballot in November. President Barack Obama and presumptive Republican nominee Mitt Romney have identical stances on pot legalization -- they oppose it. And neither is comfortable talking about it.

Yet Obama and Romney find themselves unwittingly ensnared in the legalization debate -- and both may want to take it more seriously if their race in Colorado is close. [FOXNews]

It's really rather remarkable that one of the hottest debates in American politics right now is something neither major party candidate even dares to discuss. As accustomed as we are to having these issues ignored by people in positions of political power, there really is a point at which you just can't ignore it anymore and I think that might be exactly where we're finding ourselves at this very moment.

After all, if the President himself can't explain our marijuana laws to us in a way that makes sense, what does that say about our marijuana laws? A lot of people are seriously pissed off about this, and the longer Obama fails to defend it, the worse he looks. There is no excuse for a leader's failure to discuss public policy with the public. There just isn't.

And now we have a major swing state in which a legalization measure is polarizing the electorate around this exact issue. Obama and Romney will approach that situation how? By standing there like fools and saying nothing at all? By saying it isn't important, even though the voters think it is? Neither look is particularly flattering.

Saying something even slightly sympathetic about fixing our marijuana laws in some way would probably pick up a not-insignificant number of votes for whoever dared to do it. However loud we must make ourselves to get that point across, it is apparently at least a little louder than this, but that's okay because we're getting steadily better at making noise. 

Update: Libertarian candidate Gary Johnson is yet another factor here. Unfortunately, Obama and Romney are so similarly disappointing on this issue that we can't even be sure who will be more affected by Johnson's candidacy. 

Follow Scott Morgan on Twitter: www.twitter.com/drugblogger

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Medical Marijuana Update

The biggest medical marijuana news this week has to be the Oregon election that saw a pro-medical marijuana attorney general candidate win against a former interim US Attorney, but there was plenty of other news, as well. Let's get to it:

National

Last Wednesday, Mitt Romney got asked about medical marijuana and didn't much like the question or really answer it. "Aren't there issues of significance that you'd like to talk about?" Romney asks the interviewer. "The economy, the economy, the economy. The growth of jobs. The need to put people back to work. The challenges of Iran. We've got enormous issues that we face, but you want talk about -- go ahead -- you want to talk about marijuana? I think marijuana should not be legal in this country. I believe it is a gateway drug to other drug violations. The use of illegal drugs in this country is leading to terrible consequences in places like Mexico -- and actually in our country."

On Tuesday, a Mason Dixon poll found broad support for medical marijuana among Republicans. Some 67% of Republicans said federal officials should respect state medical marijuana laws. So did 75% of Democrats and 79% of independents.

Also on Tuesday, researchers reported that smoking marijuana can relieve MS symptoms. Researchers at the University of California at San Diego found that smoked marijuana relieved pain and muscle tightness spasticity. The research was published in the peer-reviewed Canadian Medical Association Journal.

Arizona

As of Monday, Arizona started accepting dispensary applications. Arizona has some of the strictest dispensary rules in the country, including requirements that a licensed physician be employed on premises, that letters be obtained showing dispensaries are complying with zoning laws, and that they have a business plan showing they are operating as nonprofits. Then there is the $5,000 application fee and the preference that will be shown to those who can prove they have $150,000 in the bank. Still, competition is expected to be fierce for the licenses, which will be capped at 125 statewide. Interested parties have until May 25 to apply.

California

Beginning Saturday, a medical marijuana "Unity" conference gets underway in Sacramento. It goes through Monday and is aimed in part at obtaining passage of Assembly Bill 2312 to regulate medical marijuana cultivation and distribution statewide. The conference is sponsored by the PAC Californians to Regulate Marijuana as well as  Americans for Safe Access (ASA), the United Food and Commercial Workers Union, California NORML, the Coalition for Cannabis Policy Reform, and the Emerald Growers Association. The conference will focus on skill-building and grass roots leadership, with a day of lobbying set for Monday.

Last Thursday, a Santa Barbara dispensary operator took a plea deal. Charles Restivo, operator of the Pacific Coast Collective between 2008 and 2010, was arrested after a four-dispensary raid by local law enforcement in February 2010. He was charged with possession of marijuana for sale and cultivation of marijuana for sale since authorities argued the dispensary was violating state laws regarding medical marijuana. Under the deal, Restivo pleaded guilty to one new count of possession of concentrated cannabis (hash) in return for the other charges being dropped. He will get three years probation.

Also last Thursday, the Clear Lake city council voted to oppose Measure D, the Lake County marijuana cultivation initiative set to go before voters June 5. The council's action follows similar votes taken by the Lake County Office of Education Board of Trustees Wednesday night, the Board of Supervisors on Tuesday and the Lakeport City Council last week. It is also opposed by the Sierra Club, the Lake County Deputy Sheriffs Association, Kelseyville Business Association, Lake County Chamber of Commerce, California Women for Agriculture, Lake County Farm Bureau, the Buckingham and Clear Lake Riviera homeowners associations, and the Lake County Association of Realtors' Board of Directors. Measure D would allow 12 female plants to be grown in residential areas on lots under a half acre, 24 plants on lots larger than a half acre and 84 plants on larger parcels.

On Tuesday, the DEA and local police raided a Fontana dispensary. The raiders hit Holistic Meds RX, detaining four people, and seizing large quantities of medical marijuana. It was a federal warrant, but town and San Bernadino County police aided the DEA. Dispensaries have opened in Fontana, but have been unable to get permits because the city considers the businesses illegal.

On Wednesday, the Los Angeles city council postponed adopting a "gentle" ban on dispensaries proposed by Councilman Jose Huizar. The move came after Councilman Paul Koretz instead proposing allowing some dispensaries to continue to operate if they agreed to city regulations. Koretz called Huizar's "gentle" ban, which would close all dispensaries, but allow personal and collective grows, in reality a "vicious, heartless" ban. The city is home to an uncertain number of dispensaries, somewhere in the hundreds.


Colorado

On Monday, 25 dispensaries targeted by federal officials had to be closed down. That was the second wave of dispensaries threatened by US Attorney John Walsh, who earlier forced 22 out of business. He says a third wave of threat letters is forthcoming. In the first wave, Walsh targeted dispensaries within 1,000 feet of schools; in the second wave, he targeted dispensaries within 1,000 feet of college campuses. No telling yet what his criteria will be next time.

On Tuesday, the Dacono city council moved forward with its ban on dispensaries, as well as grows and edibles manufacturing. The council voted 4-2 for the ban, but must do so one more time on June 11 before it takes effect. The town has had a temporary moratorium on new medical marijuana businesses since July 2010, but that edict expires on July 1. The town has three existing dispensaries, but they would be forced to close if the ban passes.

Michigan

Last Friday, the state appeals court confirmed the conviction of a man who had a medical marijuana card, but not a fence. Lewis Keller of Emmet County got busted with 15 plants on his property. Under state law, he could have 12, but it had to be fenced. Keller said he knew he was over the limit, but he didn't realize the plants had to be secured.

On Tuesday, the Jackson city council got an earful from advocates concerned about its proposed medical marijuana ordinance. Under the proposed ordinance, qualifying patients or primary caregivers who are registered by the Michigan Department of Community Health to grow marijuana could do so in their homes. Patients could consume the drug only in their homes or their primary caregivers' homes. Patients and primary caregivers also could grow medical marijuana at non-dwelling locations in certain commercial and industrial business districts.
The city has had a moratorium on medical marijuana operations during the drafting of the ordinance. The city council will revisit the issue next week.

New Hampshire

On Wednesday, the House passed a medical marijuana bill already passed by the Senate. It now goes back to the Senate for approval of changes. Gov. John Lynch (D) has vowed to veto the bill over concerns over distribution, just as he did in 2009, when a veto override failed by two votes in the Senate.

New York

On Wednesday, a Siena College poll found majority support for medical marijuana in the Empire State. The poll had 57% supporting it and only 33% opposed. A bill in the Assembly has been stalled since Gov. Andrew Cuomo (D) signaled that this was not the year for it.

Oregon

On Tuesday, Ellen Rosenblum defeated former interim US Attorney Dwight Holden in the fight for the Democratic Party nomination for state attorney general. Oregon medical marijuana activists and national drug reformers rallied against Holden and supported medical marijuana-friendly Rosenblum as she picked up 63% of the vote against the former front-runner. Activists said the vote shows opposing medical marijuana carries a political price tag.

Rhode Island

On Wednesday, the House passed compromise dispensary legislation. A similar measure has already passed the Senate, so after the formalities of concurrence votes, the measure will head to Gov. Lincoln Chafee (I), who is expected to sign it.

Washington

On Monday, the Pasco city council moved closer to banning grows. A workshop discussion that night leaves little doubt that the city will outlaw medical marijuana gardens in the city at its next meeting to avoid violating federal anti-drug laws. Pasco is among Washington cities that have been waiting for nearly a year for the legislature to act to clarify a law allowing cities to write their own rules for medical marijuana garden collectives. The council is expected to vote on the ordinance Monday.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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