LET'S END THIS MADNESS!!!!
#C.A.R.E. #JustLegalizeIt2014 #HempCanSaveThePlanet
Are you under the delusion that marijuana is legal in California??? Check out this 2012 crime report. Over 21,000 Arrested in California on Marijuana Charges in 2012
LET'S END THIS MADNESS!!!!
#C.A.R.E. #JustLegalizeIt2014 #HempCanSaveThePlanet
Posted on May 30, 2013 at 9:56 pm
A new advocacy group called SAM (Smarter Approach to Marijuana), co-founded by Patrick J. Kennedy, a former congressman and self-admitted alcohol and oxycodone addict, proposes treating marijuana use in the following manner: “Possession or use of a small amount of marijuana should be a civil offense subject to a mandatory health screening and marijuana-education program. Referrals to treatment and/or social-support services should be made if needed. The individual could even be monitored for 6-12 months in a probation program designed to prevent further drug use.” But is this forced treatment for marijuana warranted?
In Psychology Today’s “Is Marijuana Addictive?,” the authors compared marijuana to other substances and found that it does not pose the same risks of dependence. It is estimated that 32% of tobacco users will become addicted, 23% of heroin users, 17% of cocaine users, and 15% of alcohol users. Yet only 9-10% of regular marijuana users will ever fit the definition of dependent . Moreover, the other substances are objectively more harmful than marijuana. So what is the incentive for this push for treatment centers for marijuana use when Mr. Kennedy knows from available evidence and personal experience that alcohol and pharmaceutical drugs are far more harmful? Based on my own personal experience, I think I have at least part of the answer.
About a year ago, I was put through some marijuana re-education of my own when I had to attend court-ordered Deferred Entry of Judgment classes. Every Wednesday night for 18 weeks, I met with a health department leader and other unfortunate drug war casualties. The class would start off with roll call and paying a weekly fee. We would watch a video on addiction or the teacher would read some course work to us. Then he would give us some questions that we were required to answer. Most of them were things like, “How does your addiction affect your daily life”?
At first I quietly just didn’t answer most of the questions or I just wrote in, “I’m not addicted. I use cannabis as a medicine. It helps me control my migraines.” The teacher started singling me out by reading my answers, thinking that I would buckle from public shame.
It’s important to realize that the attendees in the Deferred Entry of Judgment classes were given a free pass from the court and they are scared of going to jail. Defendants who are offered a DEJ have no prior record or they have stayed out of trouble for over 5 years and have no violent crime history. A DEJ means that after you complete the program, you can say that you were never arrested. It’s a way to run a LOT of drug related cases quickly through the judicial system using fear. If you don’t make it through the program the court will order you to jail for what ever the sentence was without any hearing because you have already plead guilty. Typically the DA overcharges a defendant in order to entice a plea deal so that is a scary prospect.
But I didn’t buckle when I was presented with quiz after quiz that asked me to admit to addiction. I stood up for myself. Without cannabis, my life would again center around debilitating migraines, which honestly were driving me toward suicide.
After I started speaking up, I was approached by almost everyone in the class. They all had heartbreaking stories and also felt like they were being herded through a BS program, but you do what you have to do and so they answered the questions as if they believed they were addicted.
In the end, the instructor graduated me early to get rid of me and didn’t even pee test me because he knew it would come up positive for THC. He was aware of my court documents stating that I could not only smoke cannabis but grow it.
Under the guise of “treatment,” what they were doing was working on creating statistics that would support a HUGE money grab for more services and create a story of crisis that doesn’t really exist!
Published in CNN Money’s Private equity’s rehab roll-up In February 2006, Bain Capital (yes, the company that clean-livingMitt Romney used to run) purchased an outfit called CRC Health Group for $723 million and proceeded to go on a shopping spree, snapping up nearly 20 new treatment facilities over the next two years. The company took a breather during the financial crisis, but in 2011 resumed its buying binge with the purchase of some smaller treatment centers.
Rehab, it turns out, is a pretty good business. Is rehab roll-up-able? In the most basic sense, the answer is yes. But are these treatment centers working to end addiction or is it all about the profit margin?
All treatment programs are not created the same. “CRC uses a cookie-cutter approach,” says Dr. Howard C. Samuels, an addiction specialist and licensed practitioner based in Hollywood. “It’s the assembly line of recovery.” Samuels, who runs his own 14-bed facility, the Hills Treatment Center, says that he used to refer patients to CRC, but ceased doing so when he felt that bureaucracy and the bottom line had overwhelmed concern for individual treatment.
One word I hear over and over again when cannabis activists get together is “WHY?” As in, “Why on earth do we continue to punish adults who simply choose to relax with marijuana instead of the more harmful substance, alcohol?” I think the answer is clear. Follow the money!!!!
by Susan Soares ~ Coalition for Cannabis Policy Reform Fundraising Chair
SACRAMENTO, Calif. (KCRA) —A new bill is aimed at cracking down on people driving under the influence of drugs.
Under SB 289, introduced by state Sen. Lou Correa, it is illegal for a person to have in his or her blood any detectable amount of drugs while driving, unless it was taken in accordance with a valid prescription from a doctor.
The drugs are from those classified in Schedules I, II, III, or IV of the California Uniform Controlled Substance Act.
Former Sacramento Sheriff John McGinness, who represents the California Peace Officers Association, supports the bill.
“You’re talking about something that’s per se unlawful, prohibited -- so therefore, its mere presence, coupled with the operation of the motor vehicle, is a threat to the safety of the public,” McGinness told KCRA 3, adding that he is waiting for details on how the bill would be enforced.
The most current draft of SB 289 does not make an exception for marijuana, for which patients receive a doctor’s recommendation, rather than a prescription.
“It would impact thousands and thousands of patients across the state who are not impaired,” said Lanette Davies, a spokesperson for Crusaders for Patients Rights. “There’s nothing in their system that’s impairing them, but they would be driving illegally if this bill is passed.”
Davies said a better way to ensure safe driving would focus on the nature of impairment, rather than the medication in the driver’s system.
However, supporters believe SB 289 is a good start in getting drugged drivers off the roads.
“The goal is to minimize the likelihood of anybody operating a motor vehicle on the highways in California when there’s evidence to show they have some level of impairment that will compromise your safety and mine,” McGinness said.
According to a recent study released by the Office of Traffic Safety, more California drivers tested positive for drugs that may impair driving at 14 percent, than they did for alcohol at 7.3 percent.
Read more: http://www.kcra.com/news/politics/New-bill-aims-to-crack-down-on-drivers-impaired-by-drugs/-/11797268/18979288/-/7eiiaiz/-/index.html#ixzz2LMQevgyl
11:39 AM ET
Marijuana could be the next gay marriage -- a contentious social issue that suddenly picks up broad, bipartisan support for change. On Thursday, Senate Majority Leader Mitch McConnell came out in favor of legalizing hemp, joining Oregon Sens. Ron Wyden and Jeff Merkley and fellow Kentucky Republican Rand Paul to cosponsor a bill that would allow Americans to grow it, NBC News' Kasie Hunt reports. Of course, hemp is not the same as regular marijuana. Industrial hemp has much less THC, the chemical that gets people high. But right now, hemp is classified in the same category as drugs like heroin and LSD. On Thursday, the Kentucky state senate voted to legalize hemp if the federal government legalizes it too. Oregon has legalized hemp cultivation, but farmers risk federal prosecution.
Again, hemp is not the same thing as marijuana, "but some law enforcement groups say it is a step that could lead to the legalization of marijuana," Hunt writes. Other lawmakers -- yes, even conservative Republicans! -- have addressed legalizing the drug itself. The most fascinating example was last week, when Virginia Attorney General Ken Cuccinelli said twice he was "evolving" on the issue of marijuana legalization when political science students at the University of Virginia asked him about voters legalizing weed in Colorado and Washington last fall. "I’m not sure about Virginia’s future [in terms of marijuana legalization]," Cuccinelli said. "But I and a lot of people are watching Colorado and Washington to see how it plays out." He explained it as a federalism thing: "I don't have a problem with states experimenting with this sort of thing. I think that's the role of states."
Cuccinelli is expected to be the next Republican nominee for Virginia governor. He's a very conservative dude. He led the states' rebellion against Obamacare. He's said conservative Supreme Court Justice Antonin Scalia isn't conservative enough. In the same UVA appearance, he said he didn't support public pools because they distort the free market.
More remarkable is that Cuccinelli later clarified his comments -- but not in the traditional political definition of the word, which is "retract all previous statements." Instead, he questioned the war on drugs:
"What I expressed to [the students] was an openness to observe how things work there, both in terms of the drug side and the economics. One issue that is often discussed is how the war on drugs itself has played out. Have we done this the right way? It's been phenomenally expensive...
[If the government] going to put people in jail and spend $25,000 [to] $30,000 a year for a prison bed, do we want it to be for someone who's pushing marijuana or pushing meth? I'll tell you what, that $30,000 for the meth pusher is well worth the deal."
Rand Paul has gone further in talking about marijuana legalization than his pro-him pal McConnell. In November, like Cuccinelli, Paul said, "States should be allowed to make a lot of these decisions... I think, for example, we should tell young people, 'I'm not in favor of you smoking pot, but if you get caught smoking pot, I don't want to put you in jail for 20 years...'"
It's important to explain what's radical and what isn't in this position. Few people who get caught with marijuana go to jail for 20 years, so opposing that isn't a big deal. It's the boring part of Paul's comment -- let states make the call on weed -- that actually is radical. As Reason's Jacob Sullumexplained, a Republican senator supporting "devolving drug policy decisions to the states is pretty bold in the current political context." He writes:
It is the policy embodied in the Ending Federal Marijuana Prohibition Act of 2011, which was co-sponsored by Rep. Barney Frank (D-Mass.) and Paul's father, Rep. Ron Paul (R-Texas). How many of their fellow congressmen joined them? Nineteen, all but one (Dana Rohrabacher of California) a Democrat.
So, how are the states doing? On Thursday, New York City Mayor Michael Bloomberg announced people arrested on minor pot possession charges won't be booked and held for arraignment anymore, The Wall Street Journal reports. Instead, they'll be released with appearance tickets, which means the person is free until his or her court date. But the issue is being addressed outside liberalism's East Coast capital. In state legislatures like Rhode Island, Maine, and Pennsylvania, the push for legalization in 2013 has, so far, been dominated by Democrats. But there are signs Republicans might ease their opposition, too. This week, Pennsylvania state Sen. Daylin Leach toldRaw Story that if her marijuana legalization bill was voted on by "secret ballot," it would pass. Privately, Leach said, some of the "most conservative" lawmakers agree on legalization, because it's "just another government program" that doesn't work.
In New Hampshire, some Republican lawmakers are willing to go on the record. "Marijuana can let them die in peace, and if this helps them, so be it," Republican state Rep. Will Infantine said after hearing testimony from people with debilitating illnesses, The Dartmouth reports Friday. A bill to legalize medical marijuana is expected to pass by mid-March and make New Hampshire the last New England state to allow it. Last year, the Democratic governor vetoed two medical marijuana bills, but current Gov. Maggie Hassan has said she won't veto the current bill.
One of the most fascinating marijuana moments this year was when conservative former Colorado Rep. Tom Tancredo announced he would smoke pot to make good on his bet with Adam Hartle, a stand-up comic, over whether Colorado would legalize weed. "Look, I made a bet with the producer of the film that if Amendment 64 passed ( I did not think it would) that I would smoke pot," Tancredo said. "I will therefore smoke pot under circumstances we both agree are legal under Colorado law." His family eventually peer pressured him out of it.
Posted: 02/14/2013 1:58 pm EST | Updated: 02/14/2013 1:59 pm EST
Mayor Michael Bloomberg announced Thursday that those arrested in New York City for possessing small amounts of marijuana will no longer have to spend a night in jail.
The new measure, set to take effect next month, was announced during Bloomberg's State of the City speech. From the speech:
“But we know that there’s more we can do to keep New Yorkers, particularly young men, from ending up with a criminal record. Commissioner Kelly and I support Governor Cuomo’s proposal to make possession of small amounts of marijuana a violation, rather than a misdemeanor and we’ll work to help him pass it this year. But we won’t wait for that to happen.“Right now, those arrested for possessing small amounts of marijuana are often held in custody overnight. We’re changing that. Effective next month, anyone presenting an ID and clearing a warrant check will be released directly from the precinct with a desk appearance ticket to return to court. It’s consistent with the law, it’s the right thing to do and it will allow us to target police resources where they’re needed most."
Last month, New York Governor Andrew Cuomo proposed decriminalizing the possession of under 15 grams of marijuana.
New York City is one of the highest rates of marijuana arrests in the world. From a report by the Drug Policy Alliance:
In the last decade since Michael Bloomberg became mayor, the NYPD has made 400,038 lowest level marijuana possession arrests at a cost of $600 million dollars. Nearly 350,000 of the marijuana possession arrests made under Bloomberg are of overwhelmingly young Black and Latino men, despite the fact that young whites use marijuana at higher rates than young Blacks and Latinos.In the last five years, the NYPD under Bloomberg has made more marijuana arrests (2007 to 2011 = 227,093) than in the 24 years from 1978 through 2001 under Mayor Giuliani, Mayor Dinkins, and Mayor Koch combined (1978 to 2001 = 226,861).
Ethan Nadelmann Executive Director, Drug Policy Alliance
Posted: 02/12/2013 11:04 am
I firmly believe that at some point during his second administration President Obama is going to address the issue of mass incarceration in America. What I fear is that he is going to wait so long, and ultimately do so with such caution, as to minimize his potential impact.
I'll be listening to his State of the Union tonight, hoping against hope that he says something, and says something bold. He's made clear he has other priorities -- the economy, immigration, climate change and now gun violence -- but what a difference it would make for him to speak to this issue when he addresses the nation.
There's no question he gets it. Barack Obama was a strong proponent of criminal justice reform as a state legislator. He spoke about it when he ran for president the first time. His administration worked hard during his first years in office to eliminate the racially disproportionate disparity in federal sanctions for crack and powder cocaine, winning a bipartisan compromise to at least reduce the disparity from 100:1 to 18:1. And he made clear in a Time magazine interview just two months ago that he views over-incarceration for non-violent offenses as a real problem:
Well, I don't think it's any secret that we have one of the two or three highest incarceration rates in the world, per capita. I tend to be pretty conservative, pretty law and order, when it comes to violent crime. My attitude is, is that when you rape, murder, assault somebody, that you've made a choice; the society has every right to not only make sure you pay for that crime, but in some cases to disable you from continuing to engage in violent behavior.
But there's a big chunk of that prison population, a great huge chunk of our criminal justice system that is involved in nonviolent crimes. And it is having a disabling effect on communities. Obviously, inner city communities are most obvious, but when you go into rural communities, you see a similar impact. You have entire populations that are rendered incapable of getting a legitimate job because of a prison record. And it gobbles up a huge amount of resources. If you look at state budgets, part of the reason that tuition has been rising in public universities across the country is because more and more resources were going into paying for prisons, and that left less money to provide to colleges and universities.
But this is a complicated problem. One of the incredible transformations in this society that precedes me, but has continued through my presidency, even continued through the biggest economic downturn since the Great Depression, is this decline in violent crime. And that's something that we want to continue. And so I think we have to figure out what are we doing right to make sure that that downward trend in violence continues, but also are there millions of lives out there that are being destroyed or distorted because we haven't fully thought through our process.
Read that last line, that last clause, again: "but also are there millions of lives out there that are being destroyed or distorted because we haven't fully thought through our process." He didn't say a few; he didn't say thousands; he said millions. And the fact is that the president's not exaggerating -- not when this country has less than 5 percent of the world's population but almost 25 percent of the world's incarcerated population; not when our rate of incarceration is roughly five times that of most other nations; not when we rely on incarceration to an extent unparalleled in the history of democratic societies; not when almost six million Americans can't vote because they were convicted of a felony; not when one of every 32 adult Americans are under the supervision of the criminal justice system, with all the indignities, discriminations and disadvantages that that entails; and not when the tens of billions of dollars spent each year incarcerating fellow citizens displaces expenditures on education, research and non-incarcerative infrastructure.
James Webb, who represented Virginia in the U.S. Senate for the past six years, said it well: "There are only two possibilities here: either we have the most evil people on earth living in the United States; or we are doing something dramatically wrong in terms of how we approach the issue of criminal justice."
During President Obama's first term, I occasionally had opportunity to ask senior White House aides why the president was so silent on this issue. Some simply said he had to focus on other priorities. Others suggested that his being the first black president made him particularly wary of taking the issue on given the extraordinary extent to which over-incarceration in this country is about race and the mass incarceration of black men. But wasn't that precisely the reason, or at least a key reason, I asked, why President Obama needed to address the issue, and needed to provide the leadership that only he could provide. Maybe in a second term, they replied.
Well, that second term is now -- and what the president says tonight is going to frame his proactive agenda for the next four years. "Millions of lives," he said; millions of American lives "being destroyed or distorted because we haven't fully thought through our process." If ever there was a time and an issue for President Obama to assert his moral leadership, this is it.
Say it, Mr. President, please say it now.
Follow Ethan Nadelmann on Twitter: www.twitter.com/EthanNadelmann
~I love that William Lacy Clay signed a bill in 2008 "accidentally" but it ended up being a good thing for him politically! ss
By Chris Goo
Follow on Twitter
Feb 8, 2013 4:31pm
Image credit: Raul Arboleda/AFP/Getty Images
A new effort is under way in Congress to legalize marijuana.
After Colorado and Washington became the first two states to approve the sale and use of pot, marijuana advocates are turning their eye toward the federal government – something they don’t often do.
Members of Congress will introduce between eight and 10 bills to roll back federal marijuana restrictions and levy new taxes.
The first two were introduced this week by two liberal members of Congress. Reps. Jared Polis, D-Colo., and Earl Blumenauer, D-Ore., on Monday rolled out a pair of bills that would legalize and tax marijuana at the federal level, while still allowing states to ban it.
Polis’s bill, the Ending Federal Marijuana Prohibition Act, would remove marijuana from the list of banned substances under the Controlled Substances Act and regulate pot under a renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms. Marijuana growers would have to buy permits to offset the costs of federal oversight.
Blumenauer’s bill, the Marijuana Tax Equity Act, would levy a 50-percent excise tax on the first sale of marijuana, typically from growers to processors or sellers, plus annual “occupation taxes” of $1,000 and $500 on marijuana growers and anyone else engaged in the business.
Rep. Dana Rohrabacher, R-Calif., meanwhile, plans to introduce another marijuana bill sometime soon. He’s the only Republican to formally support either Polis or Blumenauer as a cosponsor.
Blumenauer’s office confirmed that a slew of bills are on the way.
“We are in the process of a dramatic shift in the marijuana policy landscape,” Blumenauer said in a prepared statement on Monday.
He may be right. Marijuana legalizers enjoyed unprecedented success in 2012, hitting on their two major legalization initiatives at the state level in Colorado and Washington. Since then, bills have been introduced to roll back marijuana restrictions in Hawaii, Oklahoma and Rhode Island.
It’s unlikely Congress will legalize pot anytime soon, despite polls showing broader public acceptance of pot. In December, 64 percent of Gallup respondents said they don’t want the federal government stepping in to prevent pot legalization in states that allow it. In November, another nationwide Gallup poll showed that 48 percent think marijuana should be legal, while 50 percent think it shouldn’t be.
But Polis’s bill only has 11 cosponsors and must make its way through the Republican-controlled House Agriculture Committee. Blumenauer’s has two and must make its way through the GOP-controlled House Ways and Means Committee.
What’s significant about the new push, however, is that it comes on the heels of actual state-level policy change. State and federal laws now thoroughly conflict on the topic of marijuana, and never before has Congress considered legalization in that context.
In fact, Congress rarely considers marijuana legalization at all. The Washington, D.C.-based Marijuana Policy Project considers a 2011 effort by then-Reps. Barney Frank, D-Mass., and Ron Paul, R-Texas, to have been the first serious effort to end marijuana “prohibition” at the federal level. That bill went nowhere. Before that, Frank pushed a bill in 2008 that mostly decriminalized marijuana federally. In a Democratic Congress, that bill died in committee. One of its seven cosponsors signed on by accident.
The present effort appears more coordinated. Along with their bills, Polis and Blumenauer released a 20-page white paper on the history of marijuana’s illegality. It’s the first time pot legislation has been introduced in such a multi-bill wave.
For decades, marijuana advocates have pushed medical-pot laws and decriminalization measures through state ballot initiatives and state legislatures. The federal push, unlikely as it may be, represents a new prong in their strategy.
Supreme Court Hears All Sides of Dispensary Case
Posted February 6th, 2013
February 5 - The California Supreme Court heard oral arguments in Riverside vs. Inland Empire Patients Health and Wellness Center, a case determining whether or not Riverside may ban medical marijuana dispensaries within its borders.
The justices, appearing at a special session at the hundredth anniversary of the UCSF law school, were equally hard on attorneys on both sides of the case.
“The Legislature knows how to say, ‘Thou shalt not ban dispensaries,’ ” Justice Ming W. Chin told IEPHWC's attorney J. David Nick. Answered Nick, “If you were to allow bans, city by city, county by county, that is the opposite of what the Legislature was trying to accomplish.”
In questioning Riverside's attorney Jeffrey V. Dunn (pictured at podium), one of the justices pointed out that if all counties in California banned dispensaries, no one in California could visit a dispensary. Words like "consistent" and "establishment" weighed for their full meaning, and the letter as well as the stated purpose of the law was discussed.
Nick made it clear that locals have a great deal of authority over zoning of dispensaries, but that the Court has never ruled that locals may make illegal anything legal under state law (except perhaps in a single cited case). Much was made of the fact that state law merely offers limited immunity from state law only.
Dunn is a partner at Best, Best and Krieger, an Irvine-based law firm that has promulgated anti-dispensary ordinances throughout California and according to their website, has now been paid to defend those ordinances in 30 municipalities. Dunn assisted in the drafting of a bill last year giving cities more power to regulate dispensaries. A BB&K attorney recently gave a presentation at the California Association of Code Enforcement Officers meeting.
A ruling is expected within 90 days.
This year is also the 100th anniversary of marijuana prohibition in California.
Americans for Safe Access
For Immediate Release: February 4, 2013
California Supreme Court to Hear Medical Marijuana Dispensary Ban Case Tuesday in San Francisco
Court is expected to weigh in on whether municipalities can ban distribution, deny patients a legal medication
San Francisco, CA -- The California Supreme Court will hear oral arguments tomorrow morning at University of San Francisco in a closely watched case that addresses whether local governments can lawfully ban medical marijuana dispensaries or should instead be compelled to adopt ordinances regulating them. The case, City of Riverside v. Inland Empire Patients Health and Wellness Center, is one of at least six appellate court cases coming down on different sides of the issue. Although multiple appellate rulings have overturned bans on local distribution, the Riverside court upheld that city's ban, claiming that the wellness center violated municipal code and was a "nuisance per se."
What: California Supreme Court oral arguments on the legality of municipal bans against medical marijuana distribution
When: Tuesday, February 5th at 10:15am
Where: University of San Francisco, 2130 Fulton Street, McLaren Conference Center (Rooms 250–251)
"Local dispensary bans thwart the will of the electorate and the State Legislature, and are therefore preempted by state law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group. "Hundreds of thousands of California patients who are too sick or otherwise can't cultivate medical marijuana themselves rely on dispensaries for safe and legal access, a right they should not be denied."
The Riverside case, which is being argued by J. David Nick, is the lead case on this issue currently before the High Court. However, several other appellate decisions from southern California on the same issue were also granted review, including County of Los Angeles v. Alternative Medicinal Cannabis Collective, 420 Caregivers v. City of Los Angeles, City of Lake Forest v. Evergreen Holistic Collective, City of Temecula v. Cooperative Patients Services, Inc., and People v. G3 Holistic. In most of these decisions, the court has sided with municipal governments in their effort to prevent regulated distribution, but two appellate rulings notably hold that local officials may not ban distribution and must develop regulations instead.
Specifically, the County of Los Angeles decision from July 2012 overturned a local ban on dispensaries, reversing the lower court’s preliminary injunction from the previous year. The appellate court in County of Los Angeles held that “medical marijuana collectives…are permitted by state law to perform a dispensary function,” and that “[Los Angeles] County’s total, per se nuisance ban against medical marijuana dispensaries directly contradicts the Legislature’s intent.” The Court further concluded that, a “complete ban” on medical marijuana is “preempted” by state law and, therefore, void.
Last year, ASA filed an amicus 'friend of the court' brief in the Riverside case, arguing that the city's ban ought to be overturned. “While municipalities may pass reasonable regulations over the location and operation of medical marijuana collectives, they cannot ban them absolutely,” read ASA’s amicus brief. “These bans thwart the Legislature’s stated objectives of ensuring access to marijuana for the seriously ill persons who need it in a uniform manner throughout the state.” While more than 50 localities in California have regulated the lawful operation of dispensaries, over 170 cities have questionably banned their operation outright.
Despite some misconceptions, the Riverside case will likely not address the legality of medical marijuana sales and distribution, which has been fully litigated and established as a right under state law. The most recent decision in this regard came from People v. Jackson, a criminal case in which the legal sale of medical marijuana by a storefront dispensary was affirmed and a defense established for Jackson and other future defendants. The California Supreme Court refused to review or depublish the Jackson decision, which now stands as the law of the state.
According to the California Courts, Tuesday's oral arguments are part of a special session, "the latest in a series of student outreach programs to improve public understanding of the state court system, [which] also commemorates the University of San Francisco (USF) School of Law Centennial Celebration." The hearing will be broadcasted by livestream on The California Channel at http://www.calchannel.com.
Appellate decision in the Riverside case: http://AmericansForSafeAccess.org/downloads/Riverside_Decision.pdf
ASA amicus brief in the Riverside case: http://AmericansForSafeAccess.org/downloads/Amicus_Riverside.pdf
Links to other appellate decisions on this issue: http://bit.ly/XrfMBB
# # #
The Drug War is a Gateway to Police Perjury
Michelle Alexander in the New York Times: Why Police Officers Lie Under Oath
Mr. Keane, in his Chronicle article, offered two major reasons the police lie so much. First, because they can. Police officers “know that in a swearing match between a drug defendant and a police officer, the judge always rules in favor of the officer.” At worst, the case will be dismissed, but the officer is free to continue business as usual. Second, criminal defendants are typically poor and uneducated, often belong to a racial minority, and often have a criminal record. “Police know that no one cares about these people,” Mr. Keane explained.
All true, but there is more to the story than that.
Police departments have been rewarded in recent years for the sheer numbers of stops, searches and arrests. In the war on drugs, federal grant programs like the Edward Byrne Memorial Justice Assistance Grant Program have encouraged state and local law enforcement agencies to boost drug arrests in order to compete for millions of dollars in funding. Agencies receive cash rewards for arresting high numbers of people for drug offenses, no matter how minor the offenses or how weak the evidence. Law enforcement has increasingly become a numbers game. And as it has, police officers’ tendency to regard procedural rules as optional and to lie and distort the facts has grown as well.
We give law enforcement an extraordinary amount of power over citizens. Because of that, it is even more essential that their integrity be beyond reproach.
If there was no other reason to end the drug war, this would be sufficient — to reduce the culture and incentives that lead to law enforcement corruption and that break down the sense of trust between police and community.