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Congress Does Good - At Last

You Can Make a Difference

 

Dear friends,

Tell the drug czar to get rid of drug policies that don't work. 

Take Action
Sign the Petition

Wow.  Because of your hard work, Congress is on the verge of ending two disastrous drug war policies that we’ve been fighting for years.

In the next few weeks, Congress will likely repeal restrictions preventing Washington, DC from implementing a medical marijuana law that we helped pass.  Legislators are also close to eliminating the federal syringe funding ban, a policy responsible for tens of thousands of Americans contracting HIV/AIDS or hepatitis C.

Let’s keep up this momentum and call for an end to more failed policies!

These changes come at a time when President Obama’s drug czar is finishing his blueprint for U.S. drug policy.  You've endorsed our first two recommendations for drug czar Gil Kerlikowske to create an exit strategy for the war on drugs.

Join me in sharing one last big idea with the drug czar:

Eliminate drug policies that are proven failures.

You know the ones.  Those stupid government anti-marijuana ads. DARE drug education built on scare tactics. Crop spraying in Colombia that hurts farmers and harms the environment but does nothing to reduce cocaine exports.

It's clear from your overwhelming endorsement of the first two recommendations that you and I agree: We need to get the federal government out of the way so states can try new policies, and we need to stop using the criminal justice system to deal with drug issues.

By adding your signature to this third recommendation, you can make sure the drug czar has the information he needs to create smarter, more effective drug policies.

Sincerely,

 

 

Ethan Nadelmann
Executive Director
Drug Policy Alliance Network

 

The calls to Congress are working -- keep it up!

Friends:

The calls to Congress are working, and I've been getting great feedback from ASA activists.  Will you help?

Step by step, Congress is learning about the Truth in Trials Act. 

A good example is U.S. Representative Darrell Issa, who got a number of calls, emails, and letters from ASA activists in his Southern California district.   One such email came from ASA activist Joshua Lewis, who is Editor-in-Chief of the Medical Cannabis Journal. 

Congressman Issa sent the following response to Joshua:

-----
From: Congressman Darrell Issa
Sent: Thursday, December 03, 2009 10:29 AM
To: Joshua Lewis
Subject: Re: your recent message

Dear Mr. Lewis:

Thank you for taking the time to write to me to request my co sponsorship of the Truth in Trials Act

I have forwarded your letter to my Legislative Assistant who will investigate the possibility of cosponsoring this bill.

Thank you again for taking the time to bring your interest in this bill to my attention.

Sincerely,

Darrell Issa
Member of Congress
-----

Elected officials are starting to pay attention to what we are asking for.  Medical marijuana patients need protection from federal prosecution.  The Truth in Trials Act can help.

Will you call your Member of Congress?

Here's a reminder of the basic steps:

1. Find out who your Rep is.  Go to http://www.house.gov and type in your zip code in the upper left corner.  If it asks for your full "Zip+4", just look at your last piece of junk mail.

2. Dial 202-224-3121.  Ask the operator to transfer you to your Member of Congress.

3. Tell your Rep ... "I'm calling from ______ and I want you to cosponsor HR 3939, the Truth in Trials Act."

4. Reply to this email and tell me who you called.

Thanks!

- Sanjeev, ASA

Alert: Tell Congress to Repeal Unjust Crack Cocaine Sentences

One of the most glaring injustices in US drug policy is the infamous crack/powder sentencing disparity, in which possession of a mere five grams of crack cocaine draws a five-year mandatory minimum sentence under federal law. It takes 100 times as much powder cocaine, 500 grams, to get the same sentence. The law has been applied in a racially disparate fashion since it was enacted 23 years ago, but reform efforts have mostly stalled.

http://stopthedrugwar.com/files/scales-small.jpg
Until this year, that is. Last July the Judiciary Committee of the US House of Representatives approved H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009. In October, a similar bill was introduced in the Senate, S. 1789.

Please call your US Representative and your two US Senators to urge their strongest possible support for the Fairness in Cocaine Sentencing Act. The number for the Capitol Switchboard and your legislators is (202) 224-3121, or click here to look them up online. Whether you call today or not, please use our online form at this web page to email your Rep. and Senators too.

Visit the Crack the Disparity Coalition for further information about this issue and campaign. Following are some talking points from the Coalition to help with your call or to learn more:

Please support and cosponsor H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009. This legislation will:

  • Restore federal law enforcement priorities. When Congress passed the Anti-Drug Abuse Act of 1986 and 1988, the intended targets of mandatory minimums were "serious" and "major" traffickers. In practice, the law failed to live up to its promise. Mandatory penalties for crack cocaine offenses have been applied most often to individuals who are low-level participants in the drug trade, who comprise more than 60% of federal crack defendants.
  • Save federal tax dollars and ease prison overcrowding. The Federal Bureau of Prisons estimates it costs $25,895 a year to house each prisoner. According to the U.S. Sentencing Commission, eliminating the sentencing disparity between powder and crack cocaine would reduce the prison population by over 13,000 in 10 years.
  • Counter the perception of unfairness in the criminal justice system. African Americans account for 81.8% of defendants sentenced to federal prison for crack cocaine offenses. Crack cocaine sentences average 37 months longer than sentences for powder cocaine. This disparity has contributed to a damaging perception of race-based unfairness in our criminal justice system.
  • Treat two forms of the same drug the same. Crack cocaine is pharmacologically the same as powder cocaine. Myths about crack cocaine, that have been dispelled since the sentencing law was passed 23 years ago, contributed to these out of proportion penalties.

Click here for our archive of reporting and announcements on this issue.

Congress is starting to listen...

Dear friends:

I wanted to say thank you to Sioux Colombe, an ASA Ambassador in Sacramento, California.  The email she received below demonstrates that Congress is starting to hear us.

Sioux had asked her Member of Congress, Representative Doris Matsui, to support the Truth in Trials Act.  Sioux got the response below, which is a perfect example of the kind of dialog we want to build with our elected officials.

This reply means that Rep. Matsui's office took the time to research the Truth in Trials Act and respond.  The next step is to ask Rep. Matsui to become a supporter -- a "cosponsor" -- of the bill.

Will you do the same for your U.S. Representative? 

If your Rep gets a phone call from you, they will start paying attention.

Here's what you have to do -- it will take 5 minutes.

1. Find out who your Rep is.  Go to http://www.house.gov and type in your zip code in the upper left corner.  If it asks for your full "Zip+4", just look at your last piece of junk mail.

2. Dial 202-224-3121.  Ask the operator to transfer you to your Member of Congress.

3. Tell your Rep ... "I'm calling from ______ and I want you to cosponsor HR 3939, the Truth in Trials Act."

4. Reply to this email and tell me who you called.

Thanks!

- Sanjeev, ASA

P.S.  The full email that Sioux received is below.


Sanjeev Bery
National Field Director
Americans for Safe Access


----- Forwarded Message ----
From: Congresswoman Doris O. Matsui
To: Sioux Colombe
Sent: Tue, December 1, 2009 12:22:29 PM
Subject: From the Office of Congresswoman Matsui


December 1, 2009 
 

Ms. Sioux Colombe
Sacramento, California

Dear Sioux:

Thank you for contacting me regarding medical marijuana.  I appreciate hearing from you on this issue.

As you may know, 13 states, including California, currently allow the use of marijuana for medical purposes.  In these jurisdictions, state-level penalties for the cultivation, possession, and use of medical marijuana have been removed, and programs to regulate patients' use have been established or are currently being considered.  However, in these 13 states where medical marijuana use is legal, users remain subject to federal penalties for such use.

In an effort to correct this, legislation has been introduced in the 111th Congress to permit the use of medical marijuana under federal law in states where marijuana is currently being used for medicinal purposes.  The Medical Marijuana Patient Protection Act (H.R. 2835), would achieve this end by re-classifying marijuana into a less restrictive category of drug under the regulatory structure of the Controlled Substances Act.

Another piece of legislation, the Truth in Trials Act (H.R. 3939), responds to the Justice Department's directive on medical marijuana policy, which tells federal prosecutors to avoid pursuing cases against individuals who legally use medical marijuana.  Specifically, H.R. 3939 would allow a person on trial for a federal marijuana-related offense to introduce evidence that the alleged marijuana-related activities were performed in compliance with state laws.

Again, thank you for taking the time to contact me regarding medical marijuana.  To learn more about my work in Congress, or to sign up for occasional e-mail updates, please visit my website at http://matsui.house.gov.


Sincerely,


DORIS O. MATSUI
Member of Congress

Support Medical Marijuana Legislation in Congress

URL: 
/medical_marijuana

National Call in Day: Fairness in Cocaine Sentencing Act

For the first time, crack cocaine sentencing reform legislation received a favorable vote in Congress when the House Judiciary Committee in July approved the Fairness in Cocaine Sentencing Act of 2009, H.R. 3245. This bill would completely eliminate the crack-powder sentencing disparity by applying current powder cocaine sentences to all forms of cocaine. To move the bill forward we need a vote on the bill by the entire House of Representatives. On Wednesday, December 2, please help NACDL reach this goal by calling your Representative and asking them to support and cosponsor H.R. 3245. With support from the Administration and key members of Congress, the prospects for reforming this unjust, 23-year-old law are good. Change cannot happen, however, without your continued pressure on Members of Congress.
Date: 
Wed, 12/02/2009 - 12:01am - 11:59pm

Please Support H.R. 3245, the "Fairness in Cocaine Sentencing Act." National Call in Day: Dec. 2, 2009

Please Support H.R. 3245, the "Fairness in Cocaine Sentencing Act."

National Call in Day: Wednesday, December 2, 2009

For the first time, crack cocaine sentencing reform legislation received a favorable vote in Congress when the House Judiciary Committee in July approved the Fairness in Cocaine Sentencing Act of 2009, H.R. 3245.  This bill would completely eliminate the crack-powder sentencing disparity by applying current powder cocaine sentences to all forms of cocaine.  To move the bill forward we need a vote on the bill by the entire House of Representatives.

On Wednesday, December 2, please help NACDL reach this goal by calling your Representative and asking them to support and cosponsor H.R. 3245 .  Take action by clicking the link above and/or by entering your zip code to obtain your Representative's office phone number.  Please use the talking points provided to tell your Representative to support this important piece of legislation.

With support from the Administration and key members of Congress, the prospects for reforming this unjust, 23-year-old law are good.  Change cannot happen, however, without your continued pressure on Members of Congress.

Docket No. DEA-331 reopened for public comment, new deadline is 11/27/09

The DEA issued an NPRM to place 5-MeO-DMT in Schedule I and has reopened the period for public comment because the first notice was defective. So far one substantial objection has been posted which objects primarily on grounds the Controlled Substances Act is unconstitutional rather than the sham findings for placement in Schedule I. I'll copy some of that argument below from PUBLIC SUBMISSION DEA-2009-0008-0007.1. Docket No. DEA-331 has gotten confusing because its documents are split between two folders but comments can be submitted to the newer folder. Why not mosey over to Regulations.gov, do a search for "dea-331", read what's been posted and add your two cents worth. If we want to end the drug war we should be objecting to scheduling decisions and challenging the Constitutionality of the CSA at every opportunity. NPRMs give a chance to speak publicly without having to be on trial or able to hire lawyers. Sometimes comments do change a proposed rule and maybe a good enough argument will give a person a shot at pro bono representation. For the latter you'd normally want to identify why you're in a class that can demand a hearing and make that demand during the comment period. Be sure to read the technical stuff about what formats DEA will accept, how the comment has to identify the Docket No. it applies to and what has to be done to prevent personal identifying information from being posted. Comments can also be emailed as attachments to dea.diversion.policy@usdoj.gov or sent to the snail mail address in the notices. This is from the already posted comment I mentioned: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." -- First Amendment to the United States Constitution My first objection to the proposed rule is that the DEA is acting through delegation of a power that is Constitutionally invalid. The scheduling system of the Controlled Substances Act has been fatally flawed from its inception by its violation of the First Amendment. The Comprehensive Drug Abuse Prevention And Control Act of 1970 is deliberately not religiously neutral and one of the functions of the Controlled Substances Act is to act as a means of enforcing a primitive, muddled political-religious orthodoxy which has evolved into a primitive, muddled state religion. The CSA was intended to prefer some religious beliefs and organizations. The CSA was intended to discriminatorily and prejudicially suppress disfavored free exercise of religion that could not be extinguished. "The term 'controlled substance' means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986." -- 21 U.S.C. 802(6) 21 U.S.C. 802(6) violates the Establishment Clause by giving preference to some religions. The exclusion of alcohol from possible scheduling as a controlled substance includes wine which is used sacramentally, ritually or both by many major religious denominations in the United States. This preferment is clearly no accident though it is unspoken. The Comprehensive Drug Abuse Prevention And Control Act of 1970 could not conceivably have passed if it had not given this special protection to religions which so many members of Congress (and the voters they depended on to remain members of Congress) belonged to. [snip] The CSA was passed at a time when many people, including politicians, openly expressed fear that use of certain drugs was leading to "new" and unorthodox religious beliefs within the general population, deluded mysticism, increasing numbers of people with faith who did not belong to organized religious institutions, increasing popularity of "foreign" religions and was a threat to well established religious denominations by fostering defection, heresy or schism. Extravagent claims and beliefs about religious use of psychedelic drugs from proponents and oponents were near their peak in 1970 with the news media giving the most attention to the most sensational claims. Attempts to found "psychedelic churches" or have drug laws overturned on First Amendment grounds were very troublesome to many members of Congress. Political opposition to these religious "threats" was openly advocated at that time. There was and is a remarkably anamistic view of "drugs" by opponents of their use or "abuse" and an overlapping sense of them as tools of the Devil. Religious repression has always been more than an "incidental" effect of the CSA. "The term 'controlled substance' means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986." -- 21 U.S.C. 802(6) Placing a substance in a certain Schedule or removing it from a certain Schedule is primarily based on 21 U.S.C. 801, 21 U.S.C. 801a, 21 U.S.C. 802, 21 U.S.C. 811, 21 U.S.C. 812, 21 U.S.C. 813, 21 U.S.C. 814 and arbitrary decisions. The restrictive medical use provisions of all schedules prohibit religious use except when the religious use is identical to medical use as the government defines it. Even in these instances the ability to exercise religious/medical use of controlled substances is dependent on assent from government authorized people and institutions. The churchly dispensers or withholders of "gifts of grace" and healing who often abrogate choice of medicines for reasons that have little or nothing to do with medical expertise. This highlights the degree to which the Free Exercise and Establishment Clauses address intertwined matters and the degree to which the federal government directly regulates the practice of medicine and the practice of pharmacy within the States (which is more of a Tenth Amendment issue). Code Of Federal Regulations SPECIAL EXEMPT PERSONS Section 1307.31 Native American Church. The listing of peyote as a controlled substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the Native American Church, and members of the Native American Church so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the Native American Church, however, is required to obtain registration annually and to comply with all other requirements of law. This exemption applies to ingestion of peyote; "nondrug use" is clearly a theological decision not a scientific one. There are indisputabley grave questions about the religious neutrality of the Controlled Substances Act since controlled substances are restricted from nonmedical use, wine is one of only four substances excluded from definition as a controlled substance and religious use is nonmedical use. These Constitutional issues have not been acknowledged by the Supreme Court when stating the Controlled Substances Act is a "neutral law of general applicability" and determing the proper standard of scrutiny for conflict with the First Amendment. [end quote] The DEA is tentatively planning to issue an NPRM in December to end the "peyote exemption" for the Native American Church. If it does issue that NPRM there will be plenty of lawyers rushing to defend the NAC and maybe some can be snagged for a direct challenge of the Controlled Substances Act. Especially likely if any NAC people decide it's better for them to challenge the CSA's Constitutionality than just seek continued special exemption from a law that oppresses everyone.

Tell the Drug Czar...

One week ago today, Office of National Drug Control Policy Director Gil Kerlikowske (aka the Drug Czar) issued a statement declaring the issue of marijuana legalization a "non-starter" not even worthy of discussion in the Obama Administration.

The Drug Czar's statement also highlighted the extraordinary social and health care costs associated with widespread alcohol use, suggesting that similar problems would occur if marijuana were to be regulated and treated like alcohol.  Yet every objective study on marijuana has concluded that it is far less harmful than alcohol both for the user and for society.

In response to the Drug Czar's statement, SAFER has launched an on-line petition, calling on the drug czar to either start basing our nation's drug policies on reason and evidence instead of mythology and ideology, or start explaining why he'd prefer adults use alcohol instead of a far safer substance -- marijuana. 

Please visit http://tinyurl.com/yj32wxb or click on the button to the right to sign the petition today. Then forward word of it to anyone who might be interested in siging on before we present it to the drug czar.

Along with launching the petition, SAFER has issued...

An Open Letter to the Drug Czar About Marijuana Legalization

On the afternoon of Friday, October 23, at a time when government bureaucrats make announcements they hope will not be picked up by the media, you issued a statement boldly declaring:

Marijuana legalization, for any purpose, remains a non-starter in the Obama Administration. It is not something that the President and I discuss; it isn't even on the agenda.

As the individual most directly responsible for marijuana policy in this country, this seems utterly irresponsible.  Worse, your decision does not appear to be based on reason or evidence.

Let's begin with one glaringly obvious omission in your statement. You failed to cite a single societal or health-related harm caused by the use of marijuana. Not one! Instead, you offered up some weak guilt-by-association scare tactics.

To test the idea of legalizing and taxing marijuana, we only need to look at already legal drugs -- alcohol and tobacco. We know that the taxes collected on these substances pale in comparison to the social and health care costs related to their widespread use.

Apparently, you believe that marijuana users should be punished and perhaps even jailed because alcohol, tobacco and pharmaceutical drugs are so harmful to users and society.

Sorry, Mr. Kerlikowske, but that just doesn't cut it. If you are going to remain closed-minded in your approach to marijuana, you are going to need to step it up. Unfortunately, you know as well as we do that you don't have a whole lot going for you, which explains your flaccid, evidence-free statement.

Sadly, we have come to expect this kind of nonsensical garbage from our nation's drug czars. (After all, you have Kevin Sabet, a Bush Administration holdover and former speechwriter for his drug czar,

John Walters, feeding you the same old lines.) But what makes your position on marijuana legalization even more shameful is your background as a law enforcement officer on the streets.

You know -- and maybe at some point during your tenure you will have the guts to admit -- that alcohol is really the drug in our society that causes the greatest amount of harm. This isn't an attempt to demonize alcohol, mind you; it's simply based on alcohol's close association with serious health problems and violent crime, as documented by scientific research and government statistics. The use of marijuana, on the other hand, does not have serious health consequences and is not associated with violent behavior.

Again, you know this from your time on the streets. If you've forgotten, just recall the alcohol-fueled Seattle Mardi Gras riot that occurred on your watch. Or ask you're predecessor, Gen. Barry McCaffrey, who called alcohol "the most dangerous drug in America today," during a 1999 ONDCP press conference.

So just why is it that you want to punish people who use marijuana, when you know the likely result is that many of these people will simply turn to using alcohol instead? Ya know, because it's "legal."

We don't want to hear that alcohol does not fall under the mission of ONDCP. You, sir, raised the subject by asserting -- contrary to everything known about the two substances -- that we should look at our experience with alcohol if we want to get a sense of the potential social and health care costs associated with more widespread marijuana use. Moreover, given that the two substances are so popular in our society, you simply cannot discuss the prohibition of marijuana without considering its impact on alcohol usage rates.

You hold a great deal of power in your hands. You can help determine whether we continue to steer adults toward using alcohol -- which you know produces serious societal harms -- or whether we instead allow them to make the rational choice to use a safer substance: marijuana.

Come on. Show us that it is possible to be the drug czar and be thoughtful, open-minded, and accepting of scientific evidence at the same time. Or, at the very least, why don't you find some actual statistics to back up your bluster?


Medical Marijuana: A New Bill in Congress!

 

Dear friends:

We are excited to announce new legislation in Congress that would protect many medical marijuana patients and providers from federal prosecution.

One in four Americans now lives in a state with laws governing medical marijuana.  Unfortunately, law-abiding citizens can still be prosecuted on federal marijuana-related charges.

Today, Congressman Sam Farr introduced the "Truth in Trials" Act, H.R. 3939.  This bill would enable law-abiding citizens facing federal marijuana related charges to introduce evidence at trial showing that they were in compliance with state law.

"Truth in Trials" needs a lot of support in the U.S. House of Representatives if it is to succeed.

Please e-mail your member of Congress right now.  Ask him or her to cosponsor this important legislation.

Click here:  http://www.americansforsafeaccess.org/house

Thanks!

Sanjeev Bery
National Field Director
Americans for Safe Access

Americans for Safe Access

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