CA eUpdate 05/10/06

Drug Policy Alliance
...on the web

CA eUpdate: Wednesday, May 10, 2006

CONTENTS:

1. In this Issue

Action Alert: Two Years for One Joint
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123604

Supporters of California Treatment Law Rally at Capitol
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123542

D.A. Advocates Reform at Vancouver Conference
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123585

Amid Pressure From U.S., Fox Reverses Drug Law Stance
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123594

2. In Other News

ACTION ALERT: Take FDA to Task on Medical Marijuana Position
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123601

Limbaugh Receives Compassion in Treatment Deal
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123596

Oregon Supreme Court OKs Firing of Medical Marijuana Patient
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123602

3. Announcements

DPA Seeks Director for California Capital Office
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123615

4. Highlight

Prop 36 Advocacy Days
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123616

5. Events

6th National Harm Reduction Conference
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123627
_____________________________________________________________________
I N T H I S I S S U E

ACTION ALERT: TWO YEARS FOR ONE JOINT

A national report earlier this year revealed that drug-free zone laws do not work.

Watch our new video to see how one young man's life was turned upside down by these laws.
( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123604 )

The laws, which increase penalties for drug-related offenses within certain proximity to
institutions such as schools, are intended to create a safe haven for youth.

In reality, these laws are most often applied to drug transactions for which no children are
present, and they do not deter drug activity within the zones. What's more, they have an
unintended racist impact. Drug-free zones often completely cover many densely populated urban
neighborhoods, where people of color are more likely to live.

Not quite convinced that these laws are bad?

Watch the story of how one 17-year-old boy, Mitchell Lawrence, got a punishment that many in his
community feel does not match his crime - because of drug-free zone laws.

See it now. ( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123604 )

If you agree that the punishment doesn't fit the crime, you can take action to support the
Lawrence family ( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123605 ) and join DPA (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123631 ) to help the larger effort to
fight drug-free zone laws.

SUPPORTERS OF CALIFORNIA TREATMENT LAW RALLY AT CAPITOL

More than 500 clients, graduates and supporters of Proposition 36, California's
treatment-instead-of-incarceration law, gathered at the state Capitol on April 19 to celebrate
five years of the hugely successful program and demand that it be fully funded.

The event kicked off with a rally in Capitol Park. Assemblymember Mark Leno (D-San Francisco)
addressed the crowd, calling for continuation and expansion of the program. Gretchen Burns
Bergman, who ran the Southern California Prop 36 campaign in 2000, reminded the grads to keep
fighting for everyone's right to treatment. Prop 36 graduates from all over the state took their
turn to advocate for the program as well: Jayne (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123586 ) from Sacramento, Cynthia
McDonald ( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123587 ) from San Diego, Tammy
Bardwell ( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123588 ) from Los Angeles, and
John Delano from Long Beach.

Delano noted that he had never finished high school, but is now holding a 4.0 grade point
average in college thanks to Prop 36 treatment. Tammy Bardwell explained that the program saved
her life, and without it she would be in jail or worse. Many of the graduates who attended the
rally, including Cynthia McDonald, Oliver Hamilton (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123589 ) and Rudy Mendez (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123590 ) from San Diego, were able to do
so thanks to generous donations from DPA supporters who made their travel possible.

Prison reform activist Dorsey Nunn rallied the crowd to march to the Capitol, where attendees
took their message directly to lawmakers. Prop 36 graduates packed a budget hearing that was
being held to discuss the future of Prop 36, and delivered letters to their legislators
expressing the importance of funding and expanding the program. "Prop 36 grads came out in force
at the Capitol because the program gave them a chance at a new life, one beyond active addiction
and the criminal justice system," said Margaret Dooley, DPA's Prop 36 coordinator. "They are
amazing and effective advocates, because they know better than anyone that Prop 36 works!"

Their message came on the heels of reports by UCLA (PDF:
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123554 ) and the Justice Policy Institute
( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123595 ) highlighting the success of
Prop 36. More than 140,000 people have entered treatment through the program in the last four
years, and 60,000 will have graduated by July 1. The program is real world proof that treatment
instead of incarceration can simultaneously reduce prison populations, increase funding for
treatment, and still save taxpayers money.

Despite this track record of success, Governor Schwarzenegger has proposed holding Prop 36
funding at 1999 levels--a cut when inflation and expanded services are taken into account.
Fortunately, Prop 36 advocates are having an impact. After the testimonies at yesterday's
hearing, the committee went on record to recommend increasing funding for Prop 36 to $150
million--a $30 million increase over the Governor's proposed level.

The nation is taking notice of the effectiveness of Prop 36 as well. The Baltimore Sun recently
called for more treatment for drug users and sellers in that state, pointing to Prop 36 as an
example. The paper editorialized, "...Maryland's nonviolent drug offenders, from low-level
distributors to shoplifters and petty thieves, are better off in treatment than in prison."

Prop 36 is important not only for the people it helps and the taxpayer dollars it saves, but
also for its potential as a model for the rest of the country. DPA, which sponsored this week's
rally and march, will continue to work with graduates and grassroots communities to protect and
expand the program. See pictures of the rally (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123592 ) and learn more (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123593 ).

D.A. ADVOCATES REFORM AT VANCOUVER CONFERENCE

New York prosecutor David Soares made waves when he blasted U.S. drug laws in a speech at last
week's International Harm Reduction Association conference in Vancouver, Canada. The Albany
district attorney was warmly received at the conference, but his words raised hackles among law
enforcement officials in his home district.

Soares, who was elected in 2004 on a platform of reforming New York's draconian Rockefeller drug
laws, advised Canada not to follow in the footsteps of U.S. drug policy. He said, "The attempt
to engage in cleaning the streets of Albany one twenty-dollar sale on the street at a time is a
failed policy."

Soares also asserted that criminal justice officials in the U.S. are aware that the current war
on drugs is ineffective, but continue to support it because of the jobs it creates for police,
judges and prosecutors. This sparked a strong negative reaction from the mayor of Albany, the
city police chief, and the county sheriff.

Soares, however, has stood by his statements. Norm Stamper, former chief of police for Seattle
and member of the advisory board of Law Enforcement Against Prohibition (LEAP), also spoke out
in support of Soares. "I spent 34 years as a cop and saw firsthand the damage caused by the war
on drugs, the cost to individual lives, public safety and community health, not to mention the
squandered taxpayer money. We all owe David Soares our respect and admiration for speaking the
truth," Stamper said.

DPA applauded the courage of Soares in speaking up for drug policy reform as well. Gabriel
Sayegh, director of DPA's state organizing and policy project, said, "Albany County and New York
State should be proud to have a district attorney who has the intelligence and vision to demand
effective alternatives to failed drug war policies.

AMID PRESSURE FROM U.S., FOX REVERSES DRUG LAW STANCE

In response to pressure from the United States, Mexican president Vicente Fox has sent a drug
policy bill back to Congress for revision. Fox had previously committed to signing the bill,
which was intended to increase the federal government's ability to pursue drug traffickers.

Under current law, people who are deemed "addicts" possessing drugs for personal use can be
exempted from prosecution, but the amount that constitutes "possession for personal use" is
undefined and judges make the determination of who can be considered an addict.

The Fox administration has identified this vagueness in existing law as promoting corruption, as
judges have the latitude to keep traffickers out of jail by declaring them to be addicts. The
new law sought to clarify that ambiguity by eliminating the "addict" distinction and specifying
amounts that could be considered "personal use."

The bill would also have given more control over low-level drug enforcement to state and local
authorities so that the federal government could put greater resources towards combating
trafficking and violent drug-related crime.

Despite the bill's intention to reduce corruption and focus federal resources where they can be
most effective, it was characterized by the international media as a "drug legalization" effort.
U.S. officials condemned the bill, with the U.S. Embassy encouraging Mexico to avoid appearing
to tolerate drug use. In response, President Fox said in a statement that the law should be
revised to clarify that drug possession and consumption in Mexico will continue to be crimes.

Language spelling this out will likely be added to a revised version of the bill.
_____________________________________________________________________
I N O T H E R N E W S

ACTION ALERT: TAKE FDA TO TASK ON MEDICAL MARIJUANA POSITION

"For Sale to the Highest Bidder" should be the sign that hangs outside the Food and Drug
Administration (FDA). From emergency contraceptives to Vioxx, the agency is placing ideology and
special interests above science. Now the FDA is providing cover to Congressman Mark Souder and
others who want to put medical marijuana patients in prison.

First, consider Rush Limbaugh's recent attack on cancer and AIDS patients:

"The FDA says there's no -- zilch, zero, nada -- shred of medicinal value to the evil weed
marijuana. This is going to be a setback to the long-haired, maggot-infested, dope-smoking
crowd." (Rush Limbaugh on his radio show, April 21, 2006).

Then, consider the fact that President Bush has put people just like Rush Limbaugh in key FDA
positions. They are so extreme they're blocking contraceptives from being sold because they're
worried the drugs might encourage women to sleep around.

Now, ask yourself why the FDA released an anti-medical-marijuana statement (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123597 ) last week that contradicts
dozens of scientific studies. And why scientists are condemning it.

You know the answer. The New York Times calls it the "politics of pot."
( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123598 )

If we don't stand up now and fight, the once-independent scientific agency will become a total
tool of the White House. And that will impact not only what drugs you're allowed to take but
their safety.

* Fax your members of Congress today (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123654 ) and tell them to support medical
marijuana now more than ever.
* Then become a DPA member ( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123600 ) if
you haven't already. We need a united front.

LIMBAUGH RECEIVES COMPASSION IN TREATMENT DEAL

In the culmination of a three-year investigation, Rush Limbaugh was charged last week with
illegally obtaining prescription drugs. He reached a deal with prosecutors Monday in which the
single charge brought against him will be dropped in 18 months provided he completes a
diversionary program.

The investigation into the media personality's "doctor shopping" for prescription painkillers
began in 2003, when he admitted being addicted to OxyContin and underwent a treatment program.

Over the course of the investigation, prosecutors found that Limbaugh had possibly received
thousands of painkillers in a six-month period, although he was finally charged with
fraudulently obtaining fewer than 50 pills. The charge will be dropped if Limbaugh complies with
the deal, whose terms include continued treatment.

The treatment deal contradicts Limbaugh's past rhetoric in favor of jailing people who violate
drug laws. He said on his television show, "If people are violating the law by doing drugs, they
ought to be accused and they ought to be convicted and they ought to be sent up."

As recently as last week, Limbaugh blasted the idea of compassion for nonviolent drug users,
referring to seriously ill medical marijuana users as "the long-haired, maggot-infested,
dope-smoking crowd."

DPA executive director Ethan Nadelmann is hopeful that personal experience will provide Limbaugh
a new perspective on the issue. "Ideally, Rush's experiences with addiction and the drug war
will encourage him to join the movement to reform drug policy," he said. "He has a huge platform
and could use his voice to help others in the way that he has been helped."

OREGON SUPREME COURT OKS FIRING OF MEDICAL MARIJUANA PATIENT

Robert Washburn, an Oregon resident who used medical marijuana to control muscle spasms in his
legs, sued his employer after he was fired for a positive drug test. The Oregon Supreme Court
ruled ( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123603 ) in the case earlier this
month, saying that the company was allowed to dismiss Washburn because he was not covered by
Oregon's statute prohibiting workplace discrimination against disabled persons.

Washburn used medical marijuana at night to treat muscle spasms that limited his ability to
sleep. He began using medical marijuana after discovering that it was more effective in helping
him sleep than the prescription drugs he previously had taken.

After being dismissed from his job for testing positive for marijuana, Washburn sued his
employer alleging disability-related discrimination. The Oregon Supreme Court found that since
Washburn was able to remedy his sleep disruption through prescription medication, his impairment
did not meet the criteria to qualify him as a "disabled person," and therefore his employer did
not have to accommodate his physical limitation through allowing the use of medical marijuana.

In a concurring opinion, Judge Kistler took the analysis beyond the Oregon statute that
prohibits disability-related discrimination in the workplace, concluding that federal law
preempts state employment discrimination law when it comes to accommodating medical marijuana
use: "The fact that the state may choose to exempt medical marijuana users from the reach of
the state criminal law does not mean that the state can affirmatively require employers to
accommodate what federal law specifically prohibits."

This Washburn decision is troubling for the future of marijuana law reform in the courts. First,
Oregon's high court states that there is a direct conflict between Oregon's disability statute
and federal law, with the latter superseding the former. Second, the court draws a very narrow
definition of what constitutes a disability - a definition which could be adopted by other
states, resulting in restriction of the protections of other medical marijuana laws.

There appears to be at least one silver lining. The majority's opinion is narrowly drafted and
does not say that an employer cannot be required to accommodate off-duty use of medical
marijuana when the employee does qualify as disabled under Oregon's law. So there is likely
room for more seriously disabled or ill persons who benefit from medical marijuana but not
traditional prescription drug therapies to claim employment protections under the state
disability law.

_____________________________________________________________________
ANNOUNCEMENTS

DPA SEEKS DIRECTOR FOR CALIFORNIA CAPITAL OFFICE

The director, based in Sacramento, bears primary responsibility for DPA's California legislative
advocacy, supervises a small professional office, and serves on the DPA management team. The
ideal candidate will have 7-10 years of experience in public policy, legislative and/or
governmental affairs, political campaigns or ballot initiatives; criminal justice and/or public
health experience preferred. For more information on responsibilities and qualifications, please
see the full posting.
( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123615 )

_____________________________________________________________________
H I G H L I G H T

PROP 36 ADVOCACY DAYS

Some Proposition 36 graduates were not able to attend April's rally in Sacramento because of
work or family obligations, and DPA is helping them to meet with their legislators. They will be
participating in advocacy days across the state - May 12 in San Diego, May 19 in Los Angeles,
and May 24 in Sacramento - where they will share their stories and advocate for full funding of
Prop 36. You can help by contacting your legislators on these days as well!
( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123616 )

_____________________________________________________________________
E V E N T S

Nov 9-12, 2006, Marriott Oakland City Center Hotel, Oakland, CA. 6th National Harm Reduction
Conference. For the 6th National Harm Reduction Conference - "Drug User Health: The Politics and
the Personal" - we have returned to Oakland, one of our home bases and the site of our first
national conference, held in 1996. For details and updates:
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=123627.

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