October, 27 2009, 08:57am EDT
For Immediate Release
Contact:
510.251.1856 or Toll-free 888.929.4367 *,info@safeaccessnow.org
Congressional Medical Marijuana Bill Lifts Ban on Evidence in Federal Court
WASHINGTON
U.S. Representative Sam Farr (D-CA) and
more than twenty original bipartisan co-sponsors introduced legislation
today that
would
allow defendants in medical marijuana cases the ability to use medical
evidence at trial, a right not currently afforded them. Because of a
June 2005 U.S. Supreme Court ruling in Gonzales v. Raich, the
government has the discretion to enforce federal marijuana laws even in
medical marijuana states. The Raich ruling also allows federal
prosecutors to exclude evidence of medical use or state law compliance
in federal trials, all but guaranteeing convictions of medical
marijuana patients and providers.
Last week, the U.S. Attorney General issued guidelines to federal
prosecutors discouraging them from prosecuting cases in which patients
and providers are "in clear and unambiguous compliance with existing
state laws." Unfortunately, the
guidelines neither direct U.S. Attorneys to abandon the more than
two-dozen pending federal medical marijuana cases, nor allow defendants
the ability to use medical evidence to exonerate themselves. "This is a
common sense bill that will help stop the waste of law enforcement and
judicial resources that have been spent prosecuting individuals who are
following state law," Rep. Farr said on Tuesday. "We need strict drug
laws, but we also need to apply a little common sense to how they're
enforced. This legislation is about treating defendants in cases
involving medical marijuana fairly, plain and simple."
During the Bush Administration, more than a hundred federal cases were
prosecuted by U.S. Attorneys against medical marijuana patients and
providers who were prevented from using medical evidence at trial.
Because of an inability to properly defend themselves, scores of people
have been convicted and have received sentences of up to 20 years in
federal prison. While the Justice Department guidelines may result in
fewer federal prosecutions, they are unlikely to assist defendants
currently
being prosecuted. Underscoring the need for the "Truth in Trials" Act,
San Diego U.S. Attorney Karen Hewitt, a Bush appointee, recently
responded to the guidelines by claiming she still does not have to
prove a violation of state law before prosecuting someone under federal
law.
"The 'Truth in Trials' Act will restore the balance of justice and
bring fundamental fairness to federal
medical marijuana trials," said Caren Woodson, Government Affairs
Director with Americans for Safe Access, the legislation's endorser.
"This legislation complements the recent Justice Department
guidelines for federal prosecutors and is now more necessary than ever."
Routinely, federal prosecutors seek long prison
sentences in medical marijuana cases. Charles C. Lynch, a locally
licensed medical marijuana dispensary operator from Morro Bay,
California who had the support of his City Council and local Chamber of
Commerce, was prosecuted and
convicted under the Bush Administration. Although Lynch was accused by
the federal government of violating state law, he could not use
evidence of his compliance with state law at trial. "I was denied an
affirmative defense despite my strict adherence to local and state
medical marijuana laws," said Lynch. "Passage of this bill will allow
jurors to hear the entire story." Lynch is currently released on bail
pending his appeal.
The "Truth in Trials" bill has been introduced by Congress in past
sessions, but is especially relevant now that the Obama Administration
has changed federal policy on medical marijuana. At the time of
introduction, the "Truth in Trials" bill had been endorsed by a diverse
group of more than three-dozen advocacy, health, and legal
organizations, including Americans for Safe Access (ASA), American
Civil Liberties Union (ACLU), National
Association of People With AIDS (NAPWA), National Minority AIDS Council
(NMAC), and
AIDS Action Council. The "Truth in Trials" bill is likely to be
referred to the House
Judiciary Subcommittee on Crime, Terrorism and Homeland Security. A
companion bill has yet to be introduced in the U.S.
Senate.
Contact ASA at 510-681-6361 to coordinate
interviews with current federal defendants and those convicted without
a defense
For further information:
"Truth in Trials" legislation introduced today:
https://AmericansForSafeAccess.org/downloads/Truth_in_Trials_Act.pdf
Congressional cosponsors of "Truth in Trials" Act:
https://AmericansForSafeAccess.org/article.php?id=5825
More information on the "Truth in Trials" Act:
https://AmericansForSafeAccess.org/section.php?id=354
Americans for Safe Access is the nation's largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.
LATEST NEWS
'Make Polio Great Again': Alarm Over RFK Jr. Lawyer Who Targeted Vaccine
"So if you're wondering if Donald Trump is trying to kill your kids, yes, yes he is," said one critic.
Dec 13, 2024
Public health advocates, federal lawmakers, and other critics responded with alarm to The New York Timesreporting on Friday that an attorney helping Robert F. Kennedy Jr. select officials for the next Trump administration tried to get the U.S. regulators to revoke approval of the polio vaccine in 2022.
"The United States has been a leader in the global fight to eradicate polio, which is poised to become only the second disease in history to be eliminated from the face of the earth after smallpox," said Liza Barrie, Public Citizen's campaign director for global vaccines access. "Undermining polio vaccination efforts now risks reversing decades of progress and unraveling one of the greatest public health achievements of all time."
Public Citizen is among various organizations that have criticized President-elect Donald Trump's choice of Kennedy to lead the Department of Health and Human Services, with the watchdog's co-president, Robert Weissman, saying that "he shouldn't be allowed in the building... let alone be placed in charge of the nation's public health agency."
Although Kennedy's nomination requires Senate confirmation, he is already speaking with candidates for top health positions, with help from Aaron Siri, an attorney who represented RFK Jr. during his own presidential campaign, the Times reported. Siri also represents the Informed Consent Action Network (ICAN) in petitions asking the Food and Drug Administration (FDA) "to withdraw or suspend approval of vaccines not only for polio, but also for hepatitis B."
According to the newspaper:
Mr. Siri is also representing ICAN in petitioning the FDA to "pause distribution" of 13 other vaccines, including combination products that cover tetanus, diphtheria, polio, and hepatitis A, until their makers disclose details about aluminum, an ingredient researchers have associated with a small increase in asthma cases.
Mr. Siri declined to be interviewed, but said all of his petitions were filed on behalf of clients. Katie Miller, a spokeswoman for Mr. Kennedy, said Mr. Siri has been advising Mr. Kennedy but has not discussed his petitions with any of the health nominees. She added, "Mr. Kennedy has long said that he wants transparency in vaccines and to give people choice."
After the article was published, Siri called it a "typical NYT hit piece plainly written by those lacking basic reading and thinking skills," and posted a series of responses on social media. He wrote in part that "ICAN's petition to the FDA seeks to revoke a particular polio vaccine, IPOL, and only for infants and children and only until a proper trial is conducted, because IPOL was licensed in 1990 by Sanofi based on pediatric trials that, according to FDA, reviewed safety for only three days after injection."
The Times pointed out that experts consider placebo-controlled trials that would deny some children polio shots unethical, because "you're substituting a theoretical risk for a real risk," as Dr. Paul A. Offit, a vaccine expert at the Children's Hospital of Philadelphia, explained. "The real risks are the diseases."
Ayman Chit, head of vaccines for North America at Sanofi, told the newspaper that development of the vaccine began in 1977, over 280 million people worldwide have received it, and there have been more than 300 studies, some with up to six months of follow-up.
Trump, who is less than six weeks out from returning to office, has sent mixed messages on vaccines in recent interviews.
Asked about RFK Jr.'s anti-vaccine record during a Time "Person of the Year" interview published Thursday, the president-elect said that "we're going to be able to do very serious testing" and certain vaccines could be made unavailable "if I think it's dangerous."
Trump toldNBC News last weekend: "Hey, look, I'm not against vaccines. The polio vaccine is the greatest thing. If somebody told me to get rid of the polio vaccine, they're going to have to work real hard to convince me. I think vaccines are—certain vaccines—are incredible. But maybe some aren't. And if they aren't, we have to find out."
Both comments generated concern—like the Friday reporting in the Times, which University of Alabama law professor and MSNBC columnist Joyce White Vance called "absolutely terrifying."
She was far from alone. HuffPost senior front page editor Philip Lewis said that "this is just so dangerous and ridiculous" while Zeteo founder Mehdi Hasan declared, "We are so—and I use this word advisedly—fucked."
Ryan Cooper, managing editor at The American Prospect, warned that "they want your kids dead."
Author and musician Mikel Jollett similarly said, "So if you're wondering if Donald Trump is trying to kill your kids, yes, yes he is."
Multiple critics altered Trump's campaign slogan to "Make Polio Great Again."
U.S. Sen. Elizabeth Warren (D-Mass.) responded with a video on social media:
Without naming anyone, Senate Minority Leader Mitch McConnell (R-Ky.), a polio survivor, put out a lengthy statement on Friday.
"The polio vaccine has saved millions of lives and held out the promise of eradicating a terrible disease. Efforts to undermine public confidence in proven cures are not just uninformed—they're dangerous," he said in part. "Anyone seeking the Senate's consent to serve in the incoming administration would do well to steer clear of even the appearance of association with such efforts."
Keep ReadingShow Less
Biden Pardon of 'Kids-for-Cash' Judge Michael Conahan Sparks Outrage
"It's a big slap in the face for us once again," said one of the disgraced judge's victims.
Dec 13, 2024
Victims of a scheme in which a pair of Pennsylvania judges conspired to funnel thousands of children into private detention centers in exchange for millions of dollars in kickbacks expressed outrage following U.S. President Joe Biden's Thursday commutation of one of the men's sentences.
In 2010, former Luzerne County Judge Michael Conahan pleaded guilty to federal racketeering charges and was sentenced to more than 17 years in prison after he and co-conspirator Mark Ciavarella shut down a county-run juvenile detention facility and then took nearly $3 million in payments from the builder and co-owner of for-profit lockups, into which the judges sent children as young as 8 years old.
"It's a big slap in the face for us once again," Amanda Lorah—who was sentenced by Conahan to five years of juvenile detention over a high school fight—toldWBRE.
Sandy Fonzo, whose son killed himself after being sentenced to juvenile detention, said in a statement: "I am shocked and I am hurt. Conahan's actions destroyed families, including mine, and my son's death is a tragic reminder of the consequences of his abuse of power."
"This pardon feels like an injustice for all of us who still suffer," Fonzo added. "Right now I am processing and doing the best I can to cope with the pain that this has brought back."
Many of Conahan's victims were first-time or low-level offenders. The Pennsylvania Supreme Court would later throw out thousands of cases adjudicated by the Conahan and Ciaverella, the latter of whom is serving a 28-year sentence for his role in the scheme.
Conahan—who is 72 and had been under house arrest since being transferred from prison during the Covid-19 pandemic—was one of around 1,500 people who received commutations or pardons from Biden on Thursday. While the sweeping move was welcomed by criminal justice reform advocates, many also decried the president's decision to not grant clemency to any of the 40 men with federal death sentences.
Others have called on Biden—who earlier this month pardoned his son Hunter Biden after promising he wouldn't—to grant clemency to people including Indigenous activist Leonard Peltier and environmental lawyer Steven Donziger.
"There's never going to be any closure for us."
"So he wants to talk about Conahan and everybody else, but what is Joe Biden doing for all of these kids who absolutely got nothing, and almost no justice in this whole thing that happened?" said Lorah. "So it's nothing for us, but it seems that Conahan is just getting a slap on the wrist every which way he possibly could still today."
"There's never going to be any closure for us," she added. "There's never going to be, somehow, some way, these two men are always going to pop up, but now, when you think about the president of the United States letting him get away with this, who even wants to live in this country at this point? I'm totally shocked, I can't believe this."
Keep ReadingShow Less
77 House Dems Call for 'Full Assessment' of Israeli Compliance With US Law
Lawmakers told the Biden administration they are "deeply troubled by the continued level of civilian casualties and humanitarian suffering in Gaza."
Dec 13, 2024
As Israel continues to decimate the Gaza Strip with American weapons, 77 Democrats in the U.S. House of Representatives this week demanded that the Biden administration "provide a full assessment of the status of Israel's compliance with all relevant U.S. policies and laws, including National Security Memorandum 20 (NSM-20) and Section 620I of the Foreign Assistance Act."
Reps. Jason Crow (D-Colo.), Madeleine Dean (D-Pa.), and Chrissy Houlahan (D-Pa.) spearheaded the Thursday letter to Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin, with less than six weeks left in President Joe Biden's term.
Since Biden issued NSM-20 in February, his administration has repeatedly accepted the Israel government's assurances about the use of U.S. weapons, despite reports from journalists and human rights groups about how they have helped Israeli forces slaughter at least 44,875 Palestinians and injure another 106,454 people in the besieged enclave over the past 14 months.
"Our concerns remain urgent and largely unresolved, including arbitrary restrictions on humanitarian aid and insufficient delivery routes."
House Democrats' letter begins by declaring support for "Israel's right to self-defense," denouncing the Hamas-led October 2023 attack, and endorsing the Biden administration's efforts "to broker a bilateral cease-fire that includes the release of hostages," noting the deal recently negotiated for the Israeli government and the Lebanese group Hezbollah.
"Further, we condemn the unprecedented Iranian attacks against Israel launched on April 13, 2024, and October 1, 2024," the letter states, declining to mention the Israeli actions that led to those responses. "We must continue to avoid a major regional conflict—and we welcome the concerted diplomatic efforts by the U.S. and our allies to prevent further escalation."
"We are also deeply troubled by the continued level of civilian casualties and humanitarian suffering in Gaza," the lawmakers wrote, citing the administration's October 13 letter imposing a 30-day deadline for Israel to improve humanitarian conditions in Palestinian territory. "That deadline has expired, and while some progress has been made, we believe the Israeli government has not yet fulfilled the requirements outlined in your letter."
Asked during a November 12 press conference if the Israeli government has met the administration's demands, State Department spokesperson Vedant Patel said that "we have not made an assessment that they are in violation of U.S. law."
Shortly after that, U.S. Sen. Bernie Sanders (I-Vt.) forced votes on resolutions to block the sale of 120mm tank rounds, 120mm high-explosive mortar rounds, and Joint Direct Attack Munitions (JDAMs) to Israel, but they didn't pass.
Progressives and Democrats in Congress have been sounding the alarm about U.S. government complicity in Israel's armed assault and starvation campaign—which have led to an ongoing genocide case at the International Court of Justice—to varying degrees since October 2023, including with a May letter led by Crow and Rep. Chris Deluzio (D-Pa.) and signed by 85 others.
Citing that letter on Thursday, the 77 House Democrats wrote that "our concerns remain urgent and largely unresolved, including arbitrary restrictions on humanitarian aid and insufficient delivery routes, among others. As a result, Gaza's civilian population is facing dire famine."
"We believe further administrative action must be taken to ensure Israel upholds the assurances it provided in March 2024 to facilitate, and not directly or indirectly obstruct, U.S. humanitarian assistance," the letter concludes. "We remain committed to a negotiated solution that can bring an end to the fighting, free the remaining hostages, surge humanitarian aid, and lay the groundwork to rebuild Gaza with a legitimate Palestinian governing body. We thank you and the administration for its ongoing work to achieve those shared goals."
Keep ReadingShow Less
Most Popular