Amicus brief by Drug Policy Alliance Highlights Why Sentence is Cruel & Unusual and Urges Louisiana Supreme Court to Review Mr. Noble’s Sentence
The Drug Policy Alliance on Wednesday filed an amicus brief urging the Louisiana Supreme Court to review the egregious prison sentence of Bernard Noble, a 48-year old man who was sentenced to 13.3 years of hard labor in prison without the opportunity for parole for possessing the equivalent of two marijuana cigarettes.
Two cops spotted Noble riding a bicycle down South Miro Street in New Orleans in 2010, reports Bruce Barcott at Rolling Stone. They ordered Noble to stop, and frisked him. They found a small bag containing less than three grams of marijuana.
Noble’s original sentencing judge considered the 13 and a third-year sentence egregious and imposed a sentence of five years of hard labor. But the Orleans Parish District Attorney wasn’t satisfied with this punishment and appealed the sentence. Ultimately, the district attorney sought and obtained a prison term of close to triple the sentence imposed by the original sentencing judge.
“Thirteen years in prison for two joints is obscene,” said Daniel Abrahamson, director of the Office of Legal Affairs for the Drug Policy Alliance (DPA) and a lead author of the brief.
By Steve Elliott
Support among New Jersey residents for decriminalizing marijuana is higher than ever before, according to a new Rutgers-Eagleton Poll released on Tuesday.
An overwhelming majority, about 66 percent, of residents believe penalties for marijuana use should be reduced, according to the poll. That number is up from 58 percent in 2011 and 40 percent in 1972, reports Andrew George at NJ Biz. Sixty-five percent said penalties should be eliminated altogether.
Twenty-nine percent of residents said they oppose marijuana decrim.
Outright legalization of marijuana is supported by 49 percent, with 48 percent opposed.
Back in 1972, just 34 percent of adults wanted to get rid of penalties for possessing small amounts of marijuana, while 56 percent did not, reports Matt Friedman at The Star-Ledger.
The poll comes about a month after state Senator Nicholas Scutari (D-Union) introduced a bill to legalize and regulate marijuana like alcohol in New Jersey.
By Steve Elliott
U.S. Attorney General Eric Holder said he is "cautiously optimistic" about marijuana legalization in Colorado and Washington state, but added it's tough to predict where legalization will be in 10 years. In the same interview, Holder, the nation's top law enforcement official, admitted he had tried pot in college.
"I think there might have been a burst of feeling that what happened in Washington and Colorado was going to be soon replicated across the country," Holder told Ryan J. Reilly of The Huffington Post. "I'm not sure that is necessarily the case.
"I think a lot of states are going to be looking to see what happens in Washington, what happens in Colorado before those decisions are made in substantial parts of the country," he said.
The Department of Justice has allowed marijuana legalization to go forward in the two states where votes chose that course back in November 2012, and has issued guidance to federal prosecutors that is intended to open up banking services for cannabis businesses that are legal under state law.
By Steve Elliott
Young adults who smoke marijuana occasionally show changes in two key areas of their brains related to emotion, motivation and decision making, with the degree of changes related to the amount of cannabis used per week, according to a new study by researchers in Boston. Other scientists quickly pointed out that the research was partially sponsored by the federal agency charged with keeping marijuana illegal.
The study is believed to be the first which indicates such changes in the the brains of young, casual marijuana users, reports Kay Lazar at The Boston Globe.
The scientists did not study whether the brain changes were related to any declines in brain function. Any speculation by the scientists themselves, therefore, or especially by journalists who sensationalize the findings, about declines in cognition or functionality is therefore completely unsupported by any evidence.
But the scientists, unfortunately including lead author Jodi Gilman, did exactly that.
Wednesday Teleconference: Christian Leaders Discuss Role of Faith in Developing Alternatives to Criminalization of Drug Use
A broad coalition of Christian leaders has taken the occasion of the holiest day on the Christian calendar to release a statement calling for the end of the War On Drugs and mass incarceration.
“The cross that faith leaders are imploring others to take up is this unjust, and immoral war on drugs and mass incarceration of the poor. In particular, poor black and brown young adults whose futures are being ruined at the most critical point in their lives,” said Reverend John E. Jackson of the Samuel DeWitt Proctor Conference.
“We are guided by our religious principles to serve those in need and give voice to those who have been marginalized and stigmatized by unjust policies,” said Reverend Edwin Sanders, who is a board member of the Drug Policy Alliance (DPA) and the Senior Servant for the Metropolitan Interdenominational Church in Nashville, Tennessee. "We cannot sit silently while a misguided war is waged on entire communities, ostensibly under the guise of combating the very real harms of drug abuse. The war on drugs has become a costly, ineffective and unjust failure."
The statement makes the following recommendations:
Maryland: 2 In 1 Day - 21st State To Allow Medical Marijuana, 18th State To Decriminalize PossessionSubmitted by steveelliott on Mon, 04/14/2014 - 15:43
Gov. Martin O’Malley signs SB 923/HB 881, which would allow patients with serious illnesses to access medical marijuana; he will also sign SB 364 Monday, making possession of small amounts of marijuana a civil offense
Gov. Martin O'Malley signed a bill into law Monday making Maryland the 21st state in the nation to allow medical marijuana. He will also sign a bill Monday making Maryland the 18th state to decriminalize possession of small amounts of marijuana.
“We applaud Gov. O’Malley for signing these important bills into law,” said Rachelle Yeung, a legislative analyst for the Marijuana Policy Project (MPP). “The progress we’re seeing in Maryland is emblematic of what is taking place nationwide. Most Marylanders, like most Americans, are fed up with outdated marijuana prohibition policies and ready to start taking a more sensible approach.”
Senate Bill 923 and House Bill 881 are identical bills that allow state residents suffering from certain qualifying conditions to use medical marijuana if their doctors recommend it. Possession limits and regulations governing cultivation and dispensary facilities will be determined by a state-sanctioned commission prior to implementation. The measure will officially go into effect on June 1.
By Steve Elliott
Does the fact that marijuana is legal in Colorado mean motorists from the Centennial State are subject to traffic stops merely because of their license plates? A couple who were headed for a stay on the Florida coast when they were pulled over on an Alabama highway say they were the victims of "marijuana profiling."
Sandra Lenga, 65, and her husband, 71, were driving to St. Augustine, Florida, at the end of January when their route took them through northeast Alabama, heading towards Birmingham, reports Kelsey Stein at Al.com. When they saw blue lights flashing and moved into the left lane, two law enforcement vehicles followed them and pulled them over "for changing lanes too slowly," reports Michael Roberts at Denver Westword.
But the deputies said they weren't going to write a traffic ticket. What they did do, was walk their drug-detecting dogs around the couple's car. One dog supposedly alerted on the gas cap, prompting a more aggressive search, during which deputies went through the bags and boxes in the trunk.
Lenga and her husband were separated for questioning by the deputies. She told one of them that she hadn't touched marijuana "since college in the 1960s."
As they were apparently being detained, one deputy let it slip that the Lengas "matched the profile of drug smugglers," to Sandra Lenga's chagrin.
President Obama, AG Holder, NY Gov. Cuomo, NYC Mayor DeBlasio and DPA’s Art Way to Speak at National Action Network (NAN) Convention April 9-14
Convention to Address Major Civil Rights Issues, Including the Failed Drug War and Mass Incarceration
President Barack Obama, Attorney General Eric Holder, New York Governor Andrew Cuomo and New York City Mayor Bill DeBlasio will all join Reverend Al Sharpton at his National Action Network’s annual national convention being held April 9-12 in New York, NY.
The conference is being billed as the largest civil rights convening of the year bringing the nation’s top activists, political strategists and leading academia together to create an action plan for a civil rights agenda. Participants will address key policy issues such as jobs, voter ID and immigration; which will be key in this midterm election year.
The conference is also focusing on the failed drug war and mass incarceration. A panel called “Up in Smoke: Banning of Menthol, Legalization of Marijuana & Criminalization of African Americans” will address racial justice and the war on drugs.
"We are at a critical point where momentum to end the drug war and mass incarceration is gaining traction,” said Art Way, Senior Policy Manager, Colorado, of the Drug Policy Alliance (DPA). “It's not time to let up, it's time to ramp up."
By Steve Elliott
There aren't many good options when you buy a bad sack of black market marijuana. As Evelyn Hamilton of Lufkin, Texas, found out on Monday, calling the cops is one of the worst.
Lufkin Police arrested Hamilton, 37, after she called them to complain about some low-quality marijuana she had bought from a dealer, reports The Associated Press.
An officer went to Hamilton's home after she called the police objecting that her cannabis was substandard, according to Lufkin Police Sgt. David Casper.
When the officer asked if Evelyn still had the weed, she pulled it out of her bra, according to Sgt. Casper, just like she didn't have a care in the world.
Hamilton told the officer she had just spent $40 on "seeds and residue." When she got no satisfaction from the dealer or his family, she said she called the cops.
She was arrested on Friday on a charge of possession of drug paraphernalia.
Photo of Evelyn Hamilton: AP/Angelina County Jail
Despite Recent Pledge to Work with Congress, Refuses to Initiate Process to Reschedule Marijuana
Team Established to Review Nonviolent, Low-Level Drug Offender Candidates for Clemency
Attorney General Eric Holder on Tuesday appeared before the House Judiciary Committee for an oversight hearing in which he stated that federal law does not always trump state law, declined to initiate the process to reschedule marijuana and reaffirmed his commitment to granting clemency to low-level nonviolent drug offenders with unduly harsh sentences.
Under questioning by Rep. Jason Smith (R-Missouri), who asked the Attorney General whether federal law trumps state law when the two are in conflict, Holder said that while federal law is supreme in many matters, it is “an interesting question” whether the federal government can force a state to criminalize a particular behavior.
“I am hopeful that as public opinion continues to shift in favor of marijuana reform, the White House will one day have the courage to take a larger role in the push to legalization,” said Law Enforcement Against Prohibition (LEAP) Executive Director Major Neill Franklin (Ret.). "Until then, states remain the innovators, exercising their constitutionally protected police powers to lead the charge toward sensible change that at least the administration has the good sense to follow."
By Steve Elliott
Medical marijuana has become the most prominent issue faced by New York Governor Andrew M. Cuomo and state lawmakers in the second half of the 2014 session, according to political observers, with advocates pushing to make the Empire State the 21st to legalize cannabis for medicinal uses.
Gov. Cuomo remains stubbornly opposed to a functional medical marijuana program, even as a growing number of legislators have lined up in support, reports Yancey Roy at Newsday.
Others, such as Bay Shore Republican Senator Phil Boyle, are pushing for a limited CBD-only bill which would legalize concentrated oils derived from marijuana, but would prohibit smokable cannabis flowers.
Cuomo is up for reelection and is reportedly considering a 2016 Presidential run. He slightly shifted his position this year, in the face of overwhelming support for medicinal cannabis, by proposing an extremely limited medical marijuana research program.
His plan would revive an obscure 1980 law to begin a medical marijuana research program in which 20 New York hospitals could dispense medicinal cannabis under strict conditions. The program would use marijuana seized in drug busts, according to Cuomo.
"I'm not proposing a law, so it's not the Legislature telling me what I have to do," Gov. Cuomo said. "And that gives me great comfort because if it goes bad, we can correct or improve all within our own control."
U.S.: Attorney General Holder Expected to Answer Questions About Federal Marijuana Policy at Tuesday HearingSubmitted by steveelliott on Mon, 04/07/2014 - 17:42
Attorney General Eric Holder is expected to answer questions about federal marijuana policy during a Tuesday hearing of the House Judiciary Committee regarding Oversight of the U.S. Department of Justice. Holder will be providing testimony regarding various Obama administration enforcement policies.
The hearing is scheduled to begin at 10 a.m. ET in Room 2141 of the Rayburn House Office Building. Dan Riffle, director of federal policies for the Marijuana Policy Project (MPP), will be available for comment immediately following the hearing.
In an August 2013 memo, Deputy Attorney General James Cole announced that federal law enforcement organizations would refrain from interfering in the implementation of state laws regulating the cultivation and sale of marijuana for medical or adult use, as long as states adopt and enforce adequate regulations that address specific federal priorities.
WHAT: House Judiciary Committee hearing on Oversight of the U.S. Department of Justice, at which Attorney General Eric Holder is expected to answer questions about marijuana policy during his testimony regarding Obama administration enforcement policies
WHEN: Tuesday, April 8, 10 a.m. ET
WHERE: Room 2141 of the Rayburn House Office Building, 45 Independence Ave. SW, Washington, D.C.
WHO: House Judiciary Committee
Attorney General Eric Holder
By Steve Elliott
Maryland's House of Delegates on Saturday night passed a bill decriminalizing possession of small amounts of marijuana. The bill, already approved by the Maryland Senate, is now headed for Governor Martin O'Malley's desk for his signature or veto.
If the Governor signs the bill, HB 1453, getting busted for 10 grams or less of cannabis won't mean going to jail, reports Alex DeMetrick at WJZ. Under current Maryland law, any amount of marijuana is a criminal offense.
"The key is there will be civil penalties instead of criminal penalties for small amounts of marijuana," said Del. Kioeffer Mitchell Jr. (D-Baltimore). Possession of 10 grams or less would result in a citation and a possible fine, but no arrest and no criminal record. Seventeen other states have similar laws.
The House voted 78-55 to impose civil fines, rather than criminal penalties, for less than 10 grams of pot, reports Elizabeth LaForgia at Jurist. Those favoring the move pointed to racial disparities, with African Americans much more likely to both be arrested, and to receive a prison sentence for possession.
Drug Policy Alliance: Rescheduling Is Small Step In Right Direction, But Wouldn’t Protect People From Being Arrested or Punished for Marijuana Possession
DPA Supports De-Scheduling Marijuana and Legally Regulating It
Attorney General Eric Holder said on Friday that the Obama Administration would be willing to work with Congress if lawmakers want to reschedule marijuana.
Re-categorizing marijuana would not legalize the drug under federal law, but it could ease restrictions on research into marijuana's medical benefits and allow marijuana businesses to take tax deductions.
“Rescheduling would be a modest step in the right direction, but would do nothing to stop marijuana arrests or prohibition-related violence,” said Bill Piper, director of national affairs for the Drug Policy Alliance (DPA). “Now that the majority of the American public supports taxing and regulating marijuana, this debate about re-scheduling is a bit antiquated and not a real solution to the failures of marijuana prohibition.”
Holder’s comments come on the heels of guidance issued by the Department of Justice that indicated the Obama Administration will not undermine state marijuana legalization provided states are responsibly regulating marijuana businesses.
Current 1,500-Foot Zone Blankets Almost All Urban Areas
CT Senate Bill That Would Reduce Enhancement Zones from 1,500 to 200 Feet Passes Judiciary Committee
The Prison Policy Initiative on Thursday released a report, “Reaching too far: How Connecticut’s large sentencing enhancement zones miss the mark”, that analyzes Connecticut’s failed 1,500-foot sentencing enhancement zones. Connecticut’s law, meant to protect children from drug activity, requires an additional sentence for certain drug offenses committed within 1,500 feet of schools, day care centers, and public housing projects.
The resulting sentencing enhancement zones are some of the largest in the country.
“The law’s sheer expanse means it fails to actually set apart any meaningfully protected areas and it arbitrarily increases penalties for urban residents,” explains report author Aleks Kajstura, legal director at the Prison Policy Initiative, a national, non-profit, nonpartisan research and policy organization, with a focus on how geography impacts criminal justice policy.
The report mapped eight of the zones in the state’s cities and towns and demonstrates that the law doesn’t work, and in fact cannot possibly work as written.