Press Release
Cedars-Sinai Denying Transplant to Medical Marijuana Patient with Inoperable Liver Cancer
PRESS RELEASE
Americans for Safe Access
For Immediate Release: November 17, 2011
Contact: ASA Chief Counsel Joe Elford or ASA Media Liaison Kris Hermes
Cedars-Sinai Denying Transplant to Medical Marijuana Patient with Inoperable Liver Cancer
Patient advocacy group calls on preeminent health center to change harmful transplant policy
Los Angeles, CA -- Sixty-three year-old medical marijuana patient Norman B. Smith was diagnosed with inoperable liver cancer in 2009 and sought treatment from the internationally lauded Cedars-Sinai Medical Center in Los Angeles. Smith's oncologist at Cedars-Sinai, Dr. Steven Miles, approved of his medical marijuana use as a means to deal with the effects of chemotherapy and pain from an unrelated back surgery. In September 2010, Smith became eligible for a liver transplant, but after testing positive for marijuana in February he was removed from the transplant list. Smith's cancer was in remission until just recently, but now he is scheduled to undergo radiation treatments in the next few days.
Medical marijuana advocacy group Americans for Safe Access (ASA) issued a letter today urging the Cedars-Sinai Transplant Department to promptly re-list Smith for a liver transplant. The letter also urges Cedars-Sinai to change its transplant eligibility policy. "Denying necessary transplants to medical marijuana patients is the worst kind of discrimination," said ASA Chief Counsel Joe Elford, who also authored the letter to Cedars-Sinai. "Cedars-Sinai would not be breaking any laws, federal or otherwise, by granting Norman Smith a liver transplant, and it's certainly the ethical thing to do."
Smith is not the only medical marijuana patient in the U.S. being denied a transplant. At least one other Cedars-Sinai patient reported to ASA in 2008 that they had been kicked off the transplant list because of their legal medical marijuana use. Over the past four years, ASA has received numerous reports of patients being purged from transplant lists across California, as well as in other medical marijuana states like Hawaii, Oregon, and Washington. In 2008, Seattle resident and medical marijuana patient Timothy Garon died after being denied a liver transplant by the University of Washington Medical Center. A year later, in 2009, Big Island resident and medical marijuana patient Kimberly Reyes died at Hilo Hospital after being denied a liver transplant.
Cedars-Sinai is demanding that Smith not only abstain from marijuana use for at least six months, forcing him to undergo random toxicology tests, but he is also required to participate in weekly substance abuse counseling over the same period. Although Smith was within two months of receiving a transplant before he was de-listed, he will be put at the bottom of the list even after satisfying the policy requirements. "ASA seeks to change this harmful and uncompassionate policy not only for Smith's benefit, but also for the benefit of numerous other medical marijuana patients who are being made to suffer unnecessarily as a result of political ideology," said Elford.
Between January 2010 and October 2011, Smith took part in a rare clinical trial to combat his liver cancer. The trial, which included only 60 people worldwide, involved weekly infusions and daily pills. Smith also smoked medical marijuana during this time, but stopped in August 2011 to try to adhere to the transplant eligibility requirements. Smith was the only patient in the entire 93-week trial who had a successful remission, earning him the moniker of "Miracle Man." Because of the cancer's return, Smith may not have six months to live. However, instead of re-listing him for a transplant, Cedars-Sinai is scheduling him for radiation treatment. "Norman Smith's life hangs in the balance between his desperate need for a liver and an anti-marijuana sentiment that informs a misguided and life-threatening transplant policy," continued Elford.
Smith not only has the support of his oncologist and other Cedars-Sinai staff, but also his psychologist, who wrote a strong letter of recommendation that Smith be approved for a liver transplant. Nonetheless, Dr. Steven D. Colquhoun, the director of Cedars-Sinai's Liver Transplant Program compared Smith's legal medical marijuana use to "substance abuse." In a letter sent to Smith in May, Dr. Colquhoun indicated that the liver transplant center "must consider issues of substance abuse seriously since it does often play a role in the evolution of diseases that may require transplantation, and may adversely impact a new organ after a transplant." Despite Dr. Colquhoun's assertions and Cedars-Sinai's restrictive policy, an independent study has shown that marijuana use has no adverse impact on the survival rate of transplant recipients.
AFI: Norman Smith is available for interviews at 310-801-8370 or [email protected]
Further information:
Video of Norman Smith: http://www.youtube.com/watch?v=i_kYTwQ6jdY&feature=youtu.be
ASA letter to Cedars-Sinai: http://AmericansForSafeAccess.org/downloads/Cedars_Letter_ASA.pdf
Cedars-Sinai transplant denial letter to Norman Smith: http://AmericansForSafeAccess.org/downloads/Smith_Transplant_Denial.pdf
Liver transplant study: http://deepblue.lib.umich.edu/bitstream/2027.42/73843/1/j.1600-6143.2008.02468.x.pdf
# # #
With over 50,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.
Medical Marijuana Patients, Supporters Rally TODAY in Sacramento Against DOJ Attacks
MEDIA ADVISORY
Americans for Safe Access
For Immediate Release: November 9, 2011
Contact: ASA California Director Don Duncan
Medical Marijuana Patients, Supporters Rally TODAY in Sacramento Against DOJ Attacks
Lively, peaceful protest called for Noon on Wednesday, Nov 9th at Sacramento federal building
Sacramento, CA -- Americans for Safe Access (ASA) and a coalition of advocacy and labor groups are staging a demonstration at Noon today to protest federal government's escalated attack on California's medical marijuana laws. A lively rally of medical marijuana patients and supporters is set to occur in front of the Sacramento federal building and will feature state legislators, advocates, labor, and dispensary operators impacted by the recent Justice Department (DOJ) crackdown in California.
What: Protest against DOJ attacks on California's medical marijuana laws
When: 12 Noon TODAY, November 9, 2011
Where: Sacramento federal building, 501 I Street
Speakers will include: State Assembly member Tom Ammiano (D-San Francisco), and other invited legislators; Steph Sherer, Executive Director of ASA; Steve D'Angelo of Oakland's licensed dispensary Harborside Health Center; Dan Rush of the United Food and Commercial Workers; and Dale Gieringer of California NORML
On October 7th, all four U.S. Attorneys for California held a joint press conference to announce a multi-pronged attack on medical marijuana across the state. The DOJ strategy includes: aggressive SWAT-style raids on state compliant producers and distributors of medical marijuana, threats of criminal prosecution and property seizure made against landlords of licensed distributors, and threats against local public officials attempting to implement state law. The Internal Revenue Service has also targeted dozens of California dispensaries in an attempt to put them out of business.
"No matter how you spin it, an attack on access to medical marijuana is an attack on patients," said ASA California Director Don Duncan, one of the organizers of today's protest. "Not only is this crackdown bad for the economy, workers and much-needed tax revenue, it literally pushes patients into the illicit market and into harm's way," continued Duncan. "We are sick and tired of being the target of the Obama Administration and we're calling on the Justice Department to stand down."
Less than two weeks ago, ASA filed a lawsuit in federal court attempting to stop the DOJ crackdown on medical marijuana. The ASA lawsuit accuses the Obama Administration of violating the Tenth Amendment of the U.S. Constitution by commandeering the lawmaking efforts of local and state legislators. There has also been an outcry from a multitude of elected officials in California, including several members of Congress, State Attorney General Kamala Harris, State Senators Mark Leno and Leland Yee, State Assembly member Tom Ammiano, and Mendocino Supervisor John McCowen.
Today's protest is the culmination of a series of demonstrations held as a result of the October 7th DOJ announcement. Rallies and marches have occurred previously in San Diego (10/18), Los Angeles (10/24), and San Francisco (10/25). The coalition of groups putting on today's protest are also mobilizing supporters across the country to contact President Obama and urge him to end the DOJ attacks.
Further information:
Protest details: http://AmericansForSafeAccess.org/article.php?id=6848
Letter from Congress to Obama: http://AmericansForSafeAccess.org/downloads/Obama_Letter_October_2011.pdf
Elected officials' statements against DOJ tactics: http://AmericansForSafeAccess.org/blog/?p=2034
# # #
With over 50,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.
National Movement of Formerly Incarcerated Kicks Off 11/2 in Los Angeles
Legal Services for Prisoners with Children
www.prisonerswithchildren
FOR IMMEDIATE RELEASE: Oct. 28, 2011
CONTACT: Dorsey Nunn, Martha Wallner
National Movement to End Human and Civil Rights Abuses Against
Formerly Incarcerated, Convicted People and Their Families
Kicks Off Nov. 2 in Los Angeles, CA
SAN FRANCISCO -- Formerly incarcerated people from around the country will convene in Los Angeles on November 2 to ratify the National Platform of the Formerly Incarcerated andConvicted Peoples Movement (FICPM) and discuss an agenda for action. Participants will discuss plans to register and mobilize one million formerly incarcerated people to vote in the 2012 elections and strategies to expand the "Ban the Box" employment rights campaign that has yielded legislation in six states easing discrimination against job seekers with a conviction history.
Key organizers of the gathering include Dorsey Nunn, Executive Director of Legal Services for Prisoners With Children and the organizing project All of Us or None, based in San Francisco, CA, Susan Burton, Executive Director, A New Way of Life Reentry Project in South Central Los Angeles and Pastor Kenny Glasgow, Director of The Ordinary People’s Society (aka TOPS) in Dothan, Alabama.
The new movement emerges at a time when the US has the largest incarceration rate in the world and approximately two million children under the age of 18 with at least one parent behind bars. An estimated 600,000 will be released from prison per year over the next five years. According to the latest US Bureau of Justice statistics, over four million people were on parole and over 800,000 were on probation.
"The abuse of my rights as a formerly incarcerated person is not just an individual issue. Sure, my right to vote, my right to work is important to me, but discrimination against our voting and employment rights has a huge impact on civic engagement and the economic well-being of Black and brown communities in general," said convening co-organizer, Dorsey Nunn.
"The War on Drugs is the biggest cause of disenfranchisement" said co-organizer Pastor Kenny Glasgow. In 2008 Glasgow won a groundbreaking lawsuit restoring the voting rights of the currently incarcerated and those convicted of drug crimes in Alabama. "As formerly incarcerated people we are hindered from becoming the productive people in society we actually want to be. With this work we are serving our country after serving our time. We want to create harm reduction and public safety for all."
"There are 60 million people who are struggling with the quality of their lives as the result of mass incarceration in this country. This meeting will allow us to come together as formerly incarcerated people in a way that’s never been done before. It will connect us and strengthen us so that we can push forward with a common agenda and a common goal. Our goal is to end the discrimination against us," said co-organizer and Los Angeles host, Susan Burton, Executive Director of the New Way of Life Reentry Project.
According to Dorsey Nunn, the convening is open to the public but only participants who identify themselves as formerly incarcerated or convicted people will be allowed to vote to ratify the National Platform. "Where else has anyone asked us what we wanted? Everyone else has always prescribed what we needed. We’re more than somebody else’s client-base, more than somebody else’s patient. The process to develop a national platform represents the first time we’ve asked ourselves, what do we want?"
The gathering will include workshops for youth and family members and trainings on how to overcome growing barriers to voter registration and "Get Out The Vote" and "Ban the Box" that appears on employment forms asking for felony conviction history.
The FICPM gathering is scheduled to coincide with the International Drug Policy Reform Conference in Los Angeles, November 2-5. The conference hosts, Drug Policy Alliance, will honor Dorsey Nunn, key organizer for the FICPM gathering, with the Robert C. Randall Award for Achievement in the Field of Citizen Action at an awards reception on Saturday Nov. 5 at the Westin Bonaventure Hotel.
Event Details
Date: Weds. Nov 2, 8:30 am – 5:45 pm
Address: Watts Labor Community Action Center, 10950 South Central Avenue, Los Angeles, CA 90059
National Platform of the Formerly Incarcerated and Convicted Peoples Movement
http://ficpmovement.wordpress.com/about/ficpm-national-platform/
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Participants are attending from around the country. The Steering Committee is available for comment or interviews.
Malik Aziz, Men United for a Better Philadelphia: Founder and Chairman of the National Exodus Council, with a presence in 24 cities across the nation. He began organizing while incarcerated in Graterford Prison, and eventually found a role in the Philadelphia mayor's office developing alternatives to incarceration and recidivism.
Susan Burton, A New Way of Life, Los Angeles: After cycling in an out of the criminal justice system for nearly fifteen years, Susan gained freedom and sobriety and founded A New Way of Life Reentry Project in 1998. Dedicating her life to helping other women break the cycle of incarceration, homelessness, addiction and despair, Susan becoming a recognized leader in the criminal justice reform and reentry rights movements, and was recently nominated as a CNN hero in the category of "community crusader." She has been a Soros Justice Fellow, a Women's Policy Institute Fellow, and a former Community Fellow under the Violence Prevention Initiative of The California Wellness Foundation.
Pastor Kenny Glasgow, The Ordinary People Society, Dothan, AL: Since his release from prison, Pastor Glasgow has remained committed to ensuring that redemption is in the lives of those who have served their debts to society. He is Executive Director/Founder of TOPS, an organization providing numerous rehabilitation and prevention programs for youth and adults involved, or at risk of involvement, in the criminal justice system. A longtime leader of state and region-wide voter registration and restoration efforts, Pastor Glasgow led the successful campaign resulting in restoration of voting rights for people currently incarcerated in Alabama state prisons -- a first. In 2008, he was awarded the Lyndon B. Johnson Political Freedom Award.
Arthur League, All of Us or None/Legal Services for Prisoners with Children, San Francisco: Arthur has a 40-year history as a community activist involved in social and criminal justice work. In the 70's & 80's, during a time of political unrest, Arthur was an active member of the Black Panther Party, and served a seven- year prison term for his political beliefs and actions. Arthur is a former Director of the Concord Re-Ed Project, a non-profit organization working with adolescents in a group home setting, and serves on the board of Legal Services for Prisoners with Children. A Journeyman Plumber, he assists many young people coming out of prison to join the building trades unions and apprenticeships.
Aaliyah Muhammed, All of Us or None/LSPC, San Francisco: Aaliyah is a former prisoner and organizer who has worked with diverse groups of people inside prison and in the community. Her organizing abilities have increased the presence of formerly incarcerated people in the State Capitol, allowing her to supervise contingents of students and advocates in legislative arenas. Her efforts have resulted in creating avenues for former prisoners to take part in policy work in a variety of ways, from organizing community summits in Sacramento regarding legal expungement remedies to grassroots fundraising efforts to support the children of incarcerated people. She speaks widely on the conditions and struggles for women inside of prison.
Dorsey Nunn, All of Us or None/ LSPC, San Francisco: Dorsey is a co-founder of All of Us or None, a civil and human rights organization comprised of formerly incarcerated people, prisoners and their allies. He is also formerly incarcerated, and Executive Director for LSPC, a 30 year old San Francisco based organization dedicated to advocating for the human and civil rights of incarcerated parents, children, family members and people at risk for incarceration. Awarded nationally for his work, he was a 1996-1998 California Wellness Fellow and was recently awarded the prestigious Fannie Lou Hamer award from the African American Studies Department at the University of California, Berkeley.
Bruce Reilly, Direct Action for Rights & Equality, Providence, RI: After a decade as a Jailhouse Lawyer, Bruce hit the ground running in 2005. He served as the Volunteer Coordinator for the RI Right to Vote Campaign and drafted the final language of a state constitutional amendment that re-enfranchised felons onprobation and parole. He wrote a probation reform bill that became law after four years of organizing. He is a former board member and organizer with DARE, and is preparing to enter Tulane Law School in 2011. A successful writer, Bruce has produced a play of prisoners’ writings and his blog on criminal justice has over 200,000 hits in 2010.
Tina Reynolds, Women On the Rise Telling HerStory, New York City Tina is Co-Founder and Chair of Women on the Rise Telling HerStory (WORTH), an association of formerly and currently incarcerated women. Tina Reynolds has received a Master in Social Work from Hunter College and is currently an adjunct professor at York, CUNY in the Psychology Department teaching the "Impact of Incarceration on Families, Communities and Children". She has published pieces on the abolition of prisons, the impact of incarceration on women and children, formerly incarcerated women and policy change and is an editor of an anthology "Interrupted Life: Experiences of Incarcerated Women in the United States".
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Patient Advocates Sue Obama Administration Over Medical Marijuana Crackdown
PRESS RELEASE
Americans for Safe Access
For Immediate Release:October 27, 2011
Contact: ASA Chief Counsel Joe Elford ASA Media Liaison Kris Hermes
Patient Advocates Sue Obama Justice Department Over Medical Marijuana Crackdown
Lawsuit uses 10th amendment to challenge federal overreaching and commandeering of state law
San Francisco, CA -- Americans for Safe Access (ASA), the country's largest medical marijuana advocacy organization, filed suit in federal court today challenging the Obama Administration's attempt to subvert local and state medical marijuana laws in California. ASA argues in its lawsuit that the Obama Justice Department (DOJ) has "instituted a policy to dismantle the medical marijuana laws of the State of California and to coerce its municipalities to pass bans on medical marijuana dispensaries." The DOJ policy has involved aggressive SWAT-style raids, criminal prosecutions of medical marijuana patients and providers and threats to local officials for merely implementing state law.
"Although the Obama Administration is entitled to enforce federal marijuana laws, the Tenth Amendment forbids it from using coercive tactics to commandeer the law-making functions of the State," said ASA Chief Counsel Joe Elford, who filed the lawsuit today in San Francisco's federal District Court. "This case is aimed at restoring California's sovereign and constitutional right to establish its own public health laws based on this country's federalist principles." The ASA lawsuit, which seeks declaratory and injunctive relief, was filed on behalf of its 20,000 members in California who are directly and adversely affected by the DOJ actions.
On October 7th, California's four U.S. Attorneys announced in a highly unusual joint press conference that the DOJ would be engaging in a multi-pronged attack on the State's medical marijuana laws involving enforcement action against State-compliant producers and distributors as well as threatening their landlords with criminal prosecution and civil asset forfeiture. In addition, the same U.S. Attorneys have been sending threatening letters to several municipalities across the state in an attempt to undermine the passage of local medical marijuana regulations.
- On July 1st, the U.S. Attorney's Office for the Eastern District of California sent a letter to Chico Mayor Ann Schwab stating that the city's proposed ordinance regulating medical marijuana dispensaries would violate federal law. U.S. Attorney Benjamin Wagner also warned Chico's City Attorney, City Manager, and Police Chief that council members and staff could face federal prosecution for its attempts to implement such a law. As a result, the Chico City Council voted on August 2nd to rescind its medical marijuana dispensary ordinance.
- On August 15th, the Eureka City Council received a letter from the U.S. Attorney for the Northern District of California threatening that its regulation of medical marijuana dispensaries violates federal law. Similar to the letter sent to Chico, the Eureka letter stated that the city's publicly vetted licensing scheme "threatens the federal government’s efforts to regulate, the possession, manufacturing, and trafficking of controlled substances." The letter added that, "If the City of Eureka were to proceed, this office would consider injunctive actions, civil fines, criminal prosecution, and the forfeiture of any property used to facilitate a violation of [federal law]." Because of these threats, the City of Eureka has suspended implementation of its local ordinance.
The federal actions announced on October 7th by U.S. Attorneys have also derailed the regulatory efforts of local governments in Arcata, El Centro, Sacramento and other municipalities across the state. Less than a week after the DOJ press conference, the Drug Enforcement Administration (DEA) conducted an early morning raid on October 13th at Northstone Organics, a fully-licensed cultivation collective in Mendocino County. The DEA handcuffed the collective's founder and his wife and cut down all 99 plants, which were each zip-tied and registered with the Sheriff's Department. Mendocino has one of the most tightly controlled cultivation ordinances in the state.
Several local and state officials have publicly blasted the Obama Administration's tactics. In a recent statement, Mendocino County Supervisor Josh McCowen called the DEA raid on Northstone "outrageous," and said "The elimination of dispensaries that operate legally and openly will endanger patients and the public." Last week, the co-author of California's Medical Marijuana Program Act, State Senator Mark Leno "urge[d] the federal government to stand down in it massive attack on medical marijuana dispensaries." On October 21st, State Attorney General Kamala Harris issued a statement renouncing the federal government’s tactics, claiming that "an overly broad federal enforcement campaign will make it more difficult for legitimate patients to access physician-recommended medicine," and urging "federal authorities in the state to adhere to the [DOJ's] stated policy" of allowing California to implement its medical marijuana laws without federal interference.
Although the lawsuit accuses the Obama Administration of commandeering California's legislative function and interfering with local laws meant to distinguish between medical and non-medical use, it does not challenge the federal government's authority to adopt and enforce federal marijuana laws. The lawsuit states that, "It is, rather, the...misuse of the government's Commerce Clause powers, designed to deprive the State of its sovereign ability to chart a separate course, that forms the basis of plaintiffs' claims."
Further information:
ASA lawsuit filed today: http://AmericansForSafeAccess.org/downloads/ASA_v_Holder.pdf
U.S. Attorney letter threatening Chico officials: http://AmericansForSafeAccess.org/downloads/DOJ_Threat_Letter_CA_Chico.pdf
U.S. Attorney letter threatening Eureka officials: http://AmericansForSafeAccess.org/downloads/DOJ_Threat_Letter_CA_Eureka.pdf
# # #
With over 50,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.
Protest Planned for NJ Medical Marijuana Patient Who Faces Seven Years in Prison
FOR IMMEDIATE RELEASE
Protest planned for NJ medical marijuana patient who faces seven years in prison
WHO: NJ medical marijuanapatient and activist Ed Forchion (AKA Njweedman)
WHAT: Demonstration to protest the prosecution for his use of marijuana
WHEN: October 18, 2011, 9 AM
WHERE: Superior Court of Burlington County, Mount Holly, New Jersey
WHY: We must give full faith and credit to the laws of other states, as well as to the diagnoses and treatment plans of licensed physicians from other states
Supporters plan to protest the prosecution of medical marijuana patient Ed Forchion (AKA Njweedman), who faces seven years in a New Jersey prison for his use of marijuana here. The protest is planned for 9 am on Tuesday, Oct. 18, 2011 outside Superior Court of Burlington County, 49 Rancocas Rd., Mount Holly, NJ. Jury selection for Forchion’s trial is scheduled to begin on Thursday, October 20, 2011. Forchion was arrested last year when he was found by a State Trooper to be driving a car that allegedly had a pound of marijuana in it.
Forchion is a card-carrying medical marijuana patient from California. He has the legal right to purchase, use, possess and even cultivate marijuana in California, due to his medical condition. But New Jersey’s restrictive medical marijuana law does not recognize ID cards from out-of-state. New Jersey’s Medicinal Marijuana Program is not even up and running despite going into effect one year ago this month. Sixteen states and the District of Columbia have laws protecting medical marijuana patients.
Forchion describes in his book, “Public Enemy 420—The Tale of an African American Marijuana Activist,” (available on his website, http://home.njweedman.com/) his painful tumor growing out of a bone near his knee, which is a medical condition similar to that of Irvin Rosenfeld. The federal government has been supplying Rosenfeld with 300 marijuana joints every month for the past 25 years for this condition, as part of the Investigational New Drug (IND) study. The IND study is not available to Forchion as it has been closed to new applicants since 1992, after it was flooded with applications. The IND study was a victim of its own success.
Ken Wolski, RN, Executive Director of the Coalition for Medical Marijuana--New Jersey (CMMNJ), urges demonstrators to tell the judge that Ed Forchion is not guilty. “He is a patient, using his medicine from out-of-state. We must give full faith and credit to the laws of other states, as well as to the diagnoses and treatment plans of licensed physicians from other states,” Wolski said.
CMMNJ, a 501(c)(3) public charity, is a non-profit organization whose mission is to educate the public about the benefits of safe and legal access to medical marijuana. For more info, contact:
Ken Wolski, RN, MPA
Executive Director
Coalition for Medical Marijuana--New Jersey, Inc.
www.cmmnj.org
[email protected]
NYPD Officers Regularly Plant Drugs on Innocent People, Former Detective Testifies
Drug Policy Alliance
For Immediate Release: October 13, 2011
Contact: Tony Newman or Anthony Papa
Former NYPD Detective Testifies that Police Regularly Plant Drugs on Innocent People to Meet Arrest Quota
DPA Statement: Drug War Corrupts Police, Ruins Lives, Destroys Trust Between Law Enforcement and Community
Stephen Anderson, a former NYPD narcotics detective, testified yesterday that he regularly saw police plant drugs on innocent people as a way to meet arrest quotas. Mr. Anderson is testifying under cooperation with prosecutors after he was busted for planting cocaine on four men in a bar in Queens. "It was something I was seeing a lot of, whether it was from supervisors or undercovers and even investigators," said Anderson.
"One of the consequences of the war on drugs is that police officers are pressured to make large numbers of arrests, and it's easy for some of the less honest cops to plant evidence on innocent people," said gabriel sayegh of the Drug Policy Alliance. "The drug war inevitably leads to crooked policing – and quotas further incentivize such practices."
The NYPD has also come under heat recently for arresting more than 50,000 people last year for low-level marijuana offenses – 86% of whom are black and Latino – making marijuana possession the number one offense in the City. Most of these arrests are the result of illegal searches by the NYPD, as part of its controversial stop-and-frisk practices. Marijuana was decriminalized in New York State in 1977 – and that law is still on the books. Smoking marijuana in public or having marijuana visible in public, however, remains a crime. Most people arrested for marijuana possession are not smoking in public, but simply have a small amount in their pocket, purse or bag. Often when police stop and question a person, they say "empty your pockets" or "open your bag." Many people comply, even though they’re not legally required to do so. If a person pulls marijuana from their pocket or bag, it is then "open to public view." The police then arrest the person.
Last month, in a rare admission of NYPD wrongdoing, Police Commissioner Ray Kelly ordered all officers to stop charging people with misdemeanor marijuana violations based on improper searches. The new policy directive comes on the heels of a 2011 report released by DPA highlighting the enormous costs of marijuana arrests in New York and a public pressure campaign by advocacy groups and elected officials.
"Whether the issue is planting drugs (like this instance) or falsely charging people for having marijuana in public view (as is the case with the majority of marijuana arrests in NYC) the drug war corrupts police, ruins lives, and destroys trust between law enforcement and the communities that they serve," said sayegh.
Patient Advocates Accuse Obama of Hypocritical, Aggressive Policy on Medical Marijuana
PRESS RELEASE
Americans for Safe Access
For Immediate Release: October 7, 2011
Contact: ASA Media Liaison Kris Hermes or ASA Chief Counsel Joe Elford
Patient Advocates Accuse Obama of Hypocritical, Aggressive Policy on Medical Marijuana
Millions of taxpayer dollars spent undermining state and local medical marijuana laws
Sacramento, CA -- The Obama Justice Department (DOJ) held a press conference in Sacramento today announcing an array of enforcement actions against medical marijuana producers and distributors as well as landlords throughout California. Patient advocates are calling President Obama's enforcement effort harmful and unnecessary, representing a stark contradiction to his pledge of disengagement in medical marijuana states. The DOJ claimed it was carrying out civil and criminal enforcement actions against medical marijuana providers and sending "warning" letters to property owners leasing to dispensary operators.
"Aggressive tactics like these are a completely inappropriate use of prosecutorial discretion by the Obama Administration," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group. "President Obama must answer for his contradictory policy on medical marijuana." On the campaign trial and in the White House, President Obama pledged that he was "not going to be using Justice Department resources to try to circumvent state [medical marijuana] laws."
This attack is the latest in a long line of federal intimidation tactics employed over the past few months by such agencies as Housing and Urban Development (HUD), the Federal Deposit Insurance Corporation (FDIC), the Internal Revenue Service (IRS) and the Department of Justice (DOJ). President Obama's DOJ has conducted well over 150 federal raids in at least 7 states since taking office and his U.S. Attorneys sent letters earlier this year threatening local and state officials in 10 states with criminal prosecution if they adopted proposed medical marijuana laws.
By sending threatening letters to landlords, President Obama is taking a cue from his predecessor George W. Bush, whose Justice Department sent similar letters to more than 300 property owners throughout California in 2007. Despite the seriousness of letters sent by the DOJ under Bush, no criminal or forfeiture enforcement actions were ever pursued. It's unclear if the federal government has the resources or inclination to act on these new threats in a significant way, but for the price of postage they have engaged in wholesale intimidation of the medical marijuana community.
Advocates argue that states should be allowed to enforce their own public health laws, including those concerning medical marijuana. "It is unconscionable that the federal government would override local and state laws to enforce its will over the will of the people," said ASA spokesperson Kris Hermes. "States must be allowed to enforce their own laws without harmful interference from the Obama Administration." California Attorney General Kamala Harris was apparently not warned by the DOJ about the heightened federal enforcement effort before today.
The DOJ enforcement effort comes as hundreds of demonstrations against Wall Street are continuing to occur across the country. These protests are, at least in part, questioning the federal government's allocation of limited resources. Meanwhile, President Obama has chosen to expend federal resources to crack down on medical marijuana in states that have legalized its use. "By shutting down dispensaries, the Obama Administration is not only pushing legal patients into the illicit market," continued Hermes, "it's also wasting taxpayer dollars at a time of fiscal crisis."
Further information:
Redacted example of U.S. Attorney letter to landlords of California medical marijuana dispensaries: http://AmericansForSafeAccess.org/downloads/US_Attorney_Landlord_Letter.pdf
# # #
With over 50,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.
Press Release: Obama Administration Escalates War on Medical Marijuana Patients
Drug Policy Alliance
For Immediate Release: October 7, 2011
Contact: Tony Newman, Stephen Gutwillig
Obama Administration Escalates War on Medical Marijuana Patients
US Attorneys in California Say They Will Shut Down Dispensaries, Prosecute Landlords and Seize Properties Notwithstanding State Law
Obama Administration's Medical Marijuana Policies Now Worse Than Bush and Clinton Policies
Despite the Obama Administration's promise to respect state law and leave medical marijuana patients alone, its attack on patients and providers operating legally under state law is rapidly escalating. At least 16 landlords in California this week received letters stating that they are violating federal drugs laws and that state law will not protect them. The four US Attorneys in California are holding a press conference in Sacramento today in which they are expected to announce a broad crackdown on medical marijuana.
A series of administration actions in the past month makes it clear that they are engaged in a full scale assault on medical marijuana patients' rights and their ability to access medicine and that they have reconsidered their willingness to allow states with medical marijuana laws to implement those policies without federal interference. The Treasury Dept. is forcing banks in Colorado to close accounts of medical marijuana businesses operating legally under state law. The IRS now says it will not recognize legitimate business expenses of dispensaries and is requiring owners to pay taxes required of no other businesses; the result will be closure of the most well regulated dispensaries and loss of millions of dollars in tax revenue for local governments. And the Bureau of Alcohol, Tobacco, Firearms and Explosives last week ruled that state-sanctioned medical marijuana patients cannot legally possess firearms.
"The Obama administration’s latest moves strongly suggest that their medical marijuana policies are now being driven by over-zealous prosecutors and the anti-marijuana ideologues who dominated policymaking in past administrations," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "Barack Obama is betraying promises made when he ran for president and turning his back on the sensible policies announced during his first year in office. Instead of encouraging state and local authorities to regulate medical marijuana distribution in the interests of public safety and health, his administration seems determined to re-criminalize as much as possible. It all adds up to bad policy, bad politics and bad faith."
Advocates Hope Ken Burns/ PBS Prohibition Doc Provokes Debate
Drug Policy Alliance
For Immediate Release: September 30, 2011
Contact: Tony Newman
New Ken Burns PBS Documentary “Prohibition” to Air October 2nd– 5th
Advocates Hope Spotlight on Failed Alcohol Prohibition Will Provoke Debate on Drug Prohibition, Black Market Violence and the Criminalization of More Than a Hundred Million Americans
The history of our country’s disastrous period of alcohol prohibition will be broadcast into homes across America this weekend when PBS airs Ken Burns and Lynn Novick’s Prohibition, a three part series on America’s failed “noble experiment” of banning alcohol.
Drug policy advocates are thrilled that filmmakers of the stature of Ken Burns and Lynn Novick have taken on this topic – and hope that the series reminds Americans about the futility of prohibition and its devastating collateral consequences.
“Alcohol prohibition didn’t stop people from drinking any more than drug prohibition stops people from using drugs,” said Tony Newman, director of media relations at the Drug Policy Alliance. “But prohibition did lead to Al Capone and shoot-outs in the streets. It is the same today. It is not the marijuana or coca plants that have caused 50,000 deaths in Mexico over the last 5 years – but because they plants are illegal and thus unregulated, people are willing to kill each other over the profit that can be made from them.”
"Making drugs illegal has created a violent criminal market where cartels battle it out to control territory in much the same way gangsters did during alcohol prohibition," said Neil Franklin, a retired Baltimore narcotics cop and executive director of Law Enforcement Against Prohibition. "The one major difference between the two prohibitions is that we came to grips with the failure of our experiment to ban alcohol after just 13 years, while the 'drug war' that President Nixon declared 40 years ago is still being prosecuted, more harshly and expensively than ever."
“My two sons have struggled with addiction. My family has experienced not only the devastation of this life-threatening disease, but also the destructive effects of punitive prohibitionist policies and incarceration,” said Gretchen Burns Bergman, lead organizer of Moms United to End the War on Drugs. “Mothers were instrumental in ending alcohol prohibition in the 30s, not because they wanted to encourage alcohol use, but because they wanted to end the gangland violence and loss of lives caused by organized crime, fueled by prohibition. Moms are needed to join the movement to end the violence, mass incarceration and overdose deaths that have resulted from prohibition and the failed war on drugs.”
New Ken Burns PBS Documentary Brings "Prohibition" Lesson to Modern America
New Ken Burns PBS Documentary Brings "Prohibition" Lesson to Modern America
More Politicians Joining the Call to End "War on Drugs"
Cops Who Fought "Drug War" Say It's Time for Legalization
WASHINGTON, DC -- As more politicians and world leaders declare willingness to consider ending the "war on drugs," a group of law enforcers who fought that war says a new Ken Burns PBS documentary about alcohol prohibition premiering Sunday provides an important lesson for today's prohibition on marijuana and other illegal drugs.
"Does anyone think making the dangerous drug alcohol illegal actually decreased the harm associated with its use, abuse and distribution?" asked Neill Franklin, a retired Baltimore narcotics cop who now heads up Law Enforcement Against Prohibition (LEAP). "Just as then, today's prohibition on drugs doesn't accomplish much to reduce harmful use and only serves to create gruesome violence in the market where none would exist under noncriminal regulation. Legalizing these drugs will make our streets safer by reducing the crime and violence associated with their trade, just as when we re-legalized alcohol."
Many current and former elected officials are calling for a re-evaluation of the "war on drugs" and a growing number are even suggesting that marijuana and other drugs should be legalized. For example, last month, Mexican President Felipe Calderon made headlines by saying - in light of an uptick in cartel attacks - that the U.S. should look at "market alternatives" for drug supply if demand can't be reduced.
Advocates are pointing out the parallels between the repeal of alcohol prohibition and today's debate about ending the "war on drugs." For example, one factor that led to the demise of alcohol prohibition was its enormous pricetag for taxpayers during the Great Depression. Today's rough economic climate is leading more politicians to criticize the growing cost of the "war on drugs."
LEAP's Franklin said, "The one major difference between the two prohibitions is that our wise grandparents came to grips with the failure of their experiment to ban alcohol after just 13 years, while the 'drug war' that President Nixon declared 40 years ago is still being prosecuted, more harshly and expensively than ever. It's about time more of our political leaders start to think about an exit strategy."
Other influential leaders and groups recently issuing calls to move away from prohibitionist drug policies include the NAACP, former U.S. President Jimmy Carter, former U.N. Secretary General Kofi Annan, former U.S. Secretary of State George Shultz, former U.S. Federal Reserve Chairman Paul Volcker, the Washington State Democratic Central Committee and the UK's Liberal Democrat Party.
Law Enforcement Against Prohibition (LEAP) represents police, prosecutors, judges, FBI/DEA agents and others who want to legalize and regulate drugs after fighting on the front lines of the "war on drugs" and learning firsthand that prohibition only serves to worsen addiction and violence. More info at http://www.CopsSayLegalizeDrugs.com.
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FOR IMMEDIATE RELEASE: September 29, 2011
CONTACT: Tom Angell - [email protected]
