Pages tagged "Congress"
Let me be frank: the next administration could be disastrous to the movement for safe and legal access. The current federal “cease fire” on medical cannabis is based on two historic developments: a memo from the Department of Justice (DOJ) and an amendment to the federal budget. Both developments could be in jeopardy next year.
But being a supporter of Americans for Safe Access (ASA), you know our talented staff is preparing to tackle whatever comes our way.Read more
Hundreds of medical cannabis patients, researchers, advocates and other stakeholders are visiting lawmakers in Washington, DC, this morning to support the first comprehensive bipartisan federal medical cannabis reform bill ever introduced in the US Congress.
Participants in ASA’s National Medical Cannabis Unity Conference are on Capitol Hill to support the CARERS Act right now. Can you make three phone calls to help get that bill passed this year?
The Compassionate Access, Research Expansion, and Respect States (CARERS) Act is the most comprehensive piece of federal medical cannabis legislation that has ever been introduced in both the U.S. House and Senate. This bipartisan legislation would remedy the state/federal conflict over medical cannabis laws.Read more
Message from the CA Director: What's next depends on you, CA
State & Local News: National, California, San Francisco, Los Angeles, Yuba County, San Diego, Inland Empire
Public Meetings & Events: Los Angeles, Marysville, Washington DC
Court Support: Redding
Take Action Now: Support the Medical Marijuana Organ Transplant Act, Join the ASA-CCSA Discussion List, Expand the Green Zone
ASA Website Spotlight: National Medical Cannabis Unity Conference 2015
Chapter & Affiliate Meetings: San Francisco, East Bay, Lake County
By the time you read this message, it may already be illegal for the US Department of Justice (DOJ) to investigate, raid, arrest, and prosecute medical cannabis patients and providers in California. Congress passed a historic budget bill on Saturday night that includes an amendment removing any funds for federal interference in states with medical cannabis laws. The President could sign it at any time.
ASA started working on this amendment soon after patients and caregivers established the organization in California in 2002. I want to say a special thank you to everyone who helped us get here!
This week, a bipartisan amendment to the 2014 CJS Bill will be introduced that will cut the Department of Justice's (DOJ) funding to interfere with the implementation of state-approved medical cannabis programs. This would mean that for the next fiscal year, the DOJ would not be able to halt the progress being made in several medical cannabis states as they begin implementing their programs and providing medicine to qualified patients.
This is our moment to make a difference. Demand Congress support the 2014 CJS Medical Marijuana Amendment!
National Lawyers Guild Report Condemns Federal Marijuana Policy, Calls for Reclassification of Marijuana for Medical Use
The National Lawyers Guild (NLG) -- the country's oldest and largest public interest and human rights bar organization -- issued a report yesterday addressing the federal government's flawed policy on marijuana. According to its author NLG Senior Researcher Traci Yoder, High Crimes: Strategies to Further Marijuana Legalization Initiatives "analyzes the legalization process under way in the states, suggests strategies to further marijuana legalization initiatives, and highlights current obstacles to ending prohibition."
While significant attention is given to the adult use of marijuana, generally, the report recommends reframing drug use as "a social and public health issue and not a criminal justice problem," something we've been saying for years at Americans for Safe Access. High Crimes also recommends reclassifying marijuana for medical use. Citing the "[m]ounting scientific and anecdotal evidence" of marijuana's therapeutic benefits, the Guild rightly points out that "Rescheduling cannabis would allow for expanded medical research and use under international law."
The NLG report comes days after a report issued by Americans for Safe Access (ASA), detailing the social and economic costs of the federal government's war on medical marijuana. The ASA report entitled What's the Cost? is geared toward educating federal legislators on the consequences of that war, not only in terms of how it affects the prisoners, their families, and thousands of patients, but also how it impacts the average taxpayer and our federal budget.
Mayors from across the United States gathered in Las Vegas this past weekend for the 81st annual U.S. Conference of Mayors. In a watershed moment, mayors voted unanimously yesterday to adopt a resolution "in support of states setting their own marijuana policies without federal interference." The resolution was introduced in advance of the conference by San Diego Mayor Bob Filner and co-sponsored by 17 other mayors from across the country. Yesterday's passage of the resolution came just days after medical marijuana advocates issued an alarming report detailing how the Obama Justice Department has spent nearly $300 million to undermine medical marijuana laws in the U.S.
"Ultimately, this is about whether local and state governments can develop, adopt, and implement public health laws without heavy-handed interference by the federal government," said Steph Sherer, Executive Director of Americans for Safe Access, which authored "What's the Cost?" an extensive report issued earlier this month on the economic and social costs of the federal government's war on medical marijuana. "This resolution is emblematic of the frustration experienced by local and state officials, which will continue until the federal government ends its attacks on medical marijuana." More than 100 million people, or 34 percent of Americans, currently live in states with medical marijuana laws.
Sadly, but not unexpectedly, last week the Court of Appeals for the District of Columbia Circuit denied a petition for rehearing filed be Americans for Safe Access in ASA v. DEA. After more than a decade of legal wrangling with the federal government over the medical efficacy of marijuana and its relative lack of abuse potential, the D.C. Circuit gave great deference to the Drug Enforcement Administration (DEA) position that marijuana has no proven medical value. In doing this, the D.C. Circuit not only ignored voluminous evidence of marijuana’s medical efficacy, but it held the petitioners to a standard above and beyond that advanced by the government itself. Out of thin air, the Court interpreted the phrase “adequate and well-controlled studies” to require FDA-approved Phase II or Phase III studies, rather than the common meaning of the term. A similar such standard as that interjected into the proceedings by the Court at the last possible moment had already been rejected by the same Court and others in the cases of Grinspoon v. DEA, 828 F.2d 881 (1st Cir. 1987) and Doe v. DEA, 484 F.3d 561 (D.C. Cir. 2007). This, coupled with the failure of the Court even to consider marijuana’s lack of abuse potential, was the basis for ASA’s recent petition for rehearing.
Unfortunately, for medical marijuana patients and others, the extremely small number of active judges on the D.C. Circuit makes rehearing en banc (by the entire circuit) next to impossible. Because there are only eight active judges on the D.C. Circuit, en banc review is extremely rare, with only one petition granted by this Court last year. Thus, the next legal step is to challenge the DEA’s action in the Supreme Court of the United States through a petition for writ of certiorari , which must be filed within ninety days. This opens the possibility for arguments that exceed those allowed under the recently denied petition for rehearing. It also provides an opportunity to raise awareness of this wrong-headed approach to medical marijuana at the highest judicial level.
Stay tuned for more details on the upcoming appeal to the U.S. Supreme Court in ASA v. DEA.
According to Matt Taibbi, in his latest Rolling Stone exposé on the banking and financial industry “Too Big to Jail,” HSBC “helped to wash hundreds of millions of dollars for drug mobs, including Mexico’s Sinaloa drug cartel,” and also “moved money for organizations linked to Al Qaeda and Hezbollah, and for Russian gangsters; helped countries like Iran, the Sudan and North Korea evade sanctions.”
Yet, as outrageous as these transgressions are, the Justice Department refuses to criminally prosecute the bankers committing federal crimes right under the nose of the U.S. government.
At a press conference where the Justice Department announced a settlement between the government and HSBC, in which the bank was forced to pay $1.9 billion, but without any individual being fined or prosecuted, Assistant Attorney General Lanny Breuer had this to say:
Had the U.S. authorities decided to press criminal charges, HSBC would almost certainly have lost its banking license in the U.S., the future of the institution would have been under threat and the entire banking system would have been destabilized.
So, the lesson we’re supposed to take from that is this:
if you’re a banker you can commit federal felonies and all you have to endure is a slap on the wrist. However, if you’re in any other line of business and you commit federal felonies, all bets are off.
If you’re a medical marijuana provider, for example, the Justice Department will not just look the other way as it did for years with HSBC. Instead, you can expect the government to come after you with the full force of the law.
Over the past four years, the Obama Administration has spent millions of taxpayer dollars criminally prosecuting scores of people, arguably in compliance with their state’s medical marijuana laws. Montana medical marijuana cultivator Chris Williams was most recently sentenced to 5 years in federal prison. California-based dispensary operator Aaron Sandusky was sentenced a few weeks earlier to 10 years. Michigan cultivators and medical marijuana patients Jeremy and Jerry Duval were sentenced late last year to 5 and 10 years in prison, respectively. All four of these defendants were convicted at trial after being denied a medical marijuana defense.
In medical marijuana-related cases, the government goes out of its way to stack the legal deck against defendants. It’s bad enough that the Justice Department expends significant resources to prosecute those trying to comply with state law, but to also deny them a defense is shameful.
Two bills currently in Congress would attempt to change that dynamic. HR689, the “States’ Medical Marijuana Patient Protection Act” would reclassify the drug for more widespread use and research, while HR710, the “Truth in Trials Act” would grant an affirmative defense in federal court cases. Passage of these bills would go a long way in bringing fairness to our country’s public health policy.
However, much more needs to be done before our skewed approach to medical marijuana is corrected. For example, some of the same banks that were at least partly responsible for our recent economic crash -- like Wells Fargo and Bank of America -- are in collusion with the federal government to deny financial services to legally compliant medical marijuana businesses.
Just in case you missed it: the Justice Department looks the other way when large banks launder foreign drug cartel money in our own country, but works with large banks to deny services to legally compliant medical marijuana businesses. And that’s if they’re lucky. If the Justice Department decides to target such businesses, as it has with hundreds of them, the owners could spend years in prison.
Justice in America has often been selective, though rarely has it been starker than this.
I spent the last three years working as an Executive Legislative Assistant to a ranking budget chair in the Washington State Legislature, so it should come as no surprise that a trip to the Nation’s Capitol has always been high on my bucket list. I was this close to fulfilling my dream in 2008, after scrimping and saving for over two years on a relatively low salary. Unfortunately, prohibition happened.
I became a medical cannabis patient in ‘05 while living in Oregon. At that time, I did not know that I had a rare genetic disorder; only that I had long been suffering from chronic joint and muscle pain, extreme nausea and vomiting, disabling migraines and eventual insomnia. After an honest conversation with my doctor about the handfuls of pills I was taking to mask the symptoms - at the ripe ol’ age of 25, mind you – it was suggested that cannabis might relieve what ailed me. I was honestly taken aback when it worked so well and I was able to wean myself off every single pharmaceutical.
Happy ending, right? Not really.
Like many who wind up in court for cannabis, I was pulled over by a traffic cop. It happened on a desolate stretch of Interstate 5 in Southwest Washington. In what has become a recurring nightmare for cannabis consumers nationwide, the State Patrolman asserted that he “smelled a strong odor of marijuana.” The two joints I had were sealed in a glass jar, so it was more likely the peace sticker on my car, identifying me as a beatnik, that aroused the officer’s suspicion. Regardless, I knew better than to consent to his request for a search. In an instant, I was handcuffed and in the back of a patrol car, yelling out the window “you do not have permission to search my vehicle. I do not consent to the search you are performing right now.”
Reality quickly set in. My doctor’s recommendation from Oregon was no good here, even though I was just 50 miles north of Portland. My eyes zeroed in on the bumper sticker on the plexiglass in front of me that proudly proclaimed, “It’s Not JUST Marijuana” and featured a bright red no sign over a pot leaf. I then realized my vocal protests about the search were in vain. The officer obtained probable cause the moment he allegedly smelled cannabis. It would be his word against mine and a determined drug enforcer like him was bound to find my medicine. It was only a matter of time before I found myself in the Cowlitz County Jail with bail of $5,000, payable only in cash. I was facing a felony for Violation of the Uniform Controlled Substances Act, a charging decision left up to the discretion of individual officers. In what seemed like the blink of an eye, I was cancelling my East Coast vacation and using the funds to bail myself out, literally and figuratively.
Since then, my priorities have shifted greatly. I have become increasingly active in the medical cannabis, legalization and criminal justice reform movements. My life trajectory was forever altered by the horrific death of Richard Flor, Montana’s first registered cannabis caregiver. 68 years old and incredibly ill, Richard died from the neglect he experienced while serving a five-year prison sentence. His widow, Sherry, remains imprisoned even after her husband’s tragic death. The once-happily-married couple of 37 years were named co-conspirators in a federal indictment. The last four months of Richard’s life, they were not only imprisoned apart from one another – separated for the first time in their marriage – but they needed special permission from each of their wardens to communicate just by mail. That permission never came. Instead, Sherry’s final words to her husband were in a call to her daughter, Kristin, who stood helpless over her father’s comatose body, as he lay shackled to a hospital bed. The U.S. Government got its pound of flesh from the Flors, but that wasn’t punishment enough.
Two of Richard’s business partners and two other employees were also indicted. A third business partner accepted a plea bargain that spared him from indictment, but required “significant cooperation” with investigators. One of the co-owners, Chris Williams, courageously took his case to trial. Watching firsthand as Chris’s nightmare unfolded in federal court, my resolve was cemented. I could not rest until the whole world knew what was happening in America’s so-called justice system.
Soon after, I left my Legislative career to work with the November Coalition. Founder Nora Callahan and her husband, Chuck Armsbury, are also casualties of the War on Drugs through separate but equally absurd tales of conspiracy, drugs and guns. Then, just this month, I met another inspiring victim of cannabis prohibition. Jacob Shepherd was four years old when he watched as law enforcement agents gunned down his father in a deadly standoff over a small backyard cannabis garden. His mother was hit by a stray bullet. As an impressionable young child, Jacob was whisked away from the scene in a police cruiser, covered in both of his parents’ blood. That was almost 20 years ago. When will the madness end?
I am incredibly appreciative of the kind-hearted sponsors who donated to the scholarship fund for ASA’s upcoming Unity Conference in Washington D.C. Thanks to their assistance, I will be able to personally tell members of Congress about Richard, Sherry, Kristin, Chris, Nora, Chuck, Jacob and countless other stories of injustice. I will get to learn from world-renowned medical experts who have studied cannabis science in depth. I will get to meet other like-minded advocates from across the country, all because of the generosity of complete strangers! I am forever grateful for this amazing opportunity and plan to make the most of every second I have in the epicenter of democracy! Thank you again to Americans for Safe Access for hosting the conference and every supporter who has made this trip possible.
Until roughly four years ago, I knew virtually nothing of medical marijuana. I must say that I was somewhat skeptical of the claim for its medicinal properties. My knowledge of marijuana originated from two places, my experimentation as a teen in 1975 and from an enforcement perspective throughout my lengthy law enforcement career. Neither provided any meaningful insight to the medicinal properties or benefits of marijuana.
One of the first people I met when I assumed the role of LEAP’s executive director was ASA’s executive director, Steph Sherer. People had told me of ASA and Steph, but it wasn’t until I met with Steph that I began to educate myself regarding all there is to learn of medical marijuana (properties, policies and patients). My interaction with ASA encouraged me to visit medical marijuana dispensaries in California where I met dispensary owners like Steve De Angelo and Debby Goldsberry. I toured Oaksterdam University where I met Richard Lee and Dale Sky-Jones. Educationally, I benefitted tremendously from my firsthand experience.
The quality of the dispensaries, the marijuana and the people managing them is exceptional, but it was my interaction with patients that gave me the best insight. Hearing patients speak of the benefits was truly eye opening. They spoke of their weaning from debilitating opiate based prescription drugs and the quality of life returning once again. I heard of marijuana’s effectiveness in combating many illnesses with virtually no side effects. And to this day I continue learning.
This is why I am attending the ASA conference this month in Washington DC. Do you know any law enforcement types in need of an education? Do you know of anyone in need of a medical marijuana education? If so, invite them to the conference and let’s open some minds. Education and public policy changes are so desperately needed in acquiring safe and legal access.