Dear LEAP Supporter:

On Tuesday, December 2, Law Enforcement Against Prohibition kicked off the ‘We Can Do It Again’ project, marking the 75th anniversary of alcohol prohibition’s repeal (December 5) by calling for an end to drug prohibition. At a press conference in Washington, DC, LEAP released a new report explaining how ending the war on drugs will put dangerous traffickers out of business and will help our economy by billions of dollars.

As the new Congress addresses the current economic crisis, we don't want them to believe that we support the status quo. We want Congress to know the war on drugs is a failure. We want them to change drug laws and stop arresting people for nonviolent drug-related crimes. Law Enforcement Against Prohibition is making it easy for our supporters to tell Congress and state law makers what we think.

For the next two weeks, you can send a letter to your members of Congress and state law makers at www.WeCanDoItAgain.com . Please act now. Visit www.WeCanDoItAgain.com, and please post or forward this message to as many people as you can!

As always, thank you for your support of LEAP.

FRESH AIR IN MOVEMENT

Something is going on. A refreshing breeze is cleansing the dusty atmosphere of the debate on drugs. They say that periods of crisis stimulate the earth to elaborate new forms of social organisation... or to refresh the organisation of forms that were invisible during centuries. Are we passing from protest to proposal? Definitively yes.

From 21 to 23 November the workshop on "Drugs and Diplomacy" took place in Murguía, Basque Country, on the subject of the participation of organisations of drug users in the debate on drug policies. This workshop, under the leadership of Xabier Arana of Ekimen, an association of prestigious researchers from the Basque Country, forms part of a study on this issue that ENCOD is carrying out with the support of the Drugs Policy Department of the Basque Country. 24 representatives of 17 different organisations and networks such as GANJAZZ, LA REGADERA, AI LAKET, PANNANGH, COMISIÓN CIUDADANA ANTISIDA DE ÁLAVA, GANJAZZ ART CLUB, PAOTXA, INPUD, LCA, PIC, MDHG, AKZEPT, FAC, FAUDAS, FEDERACIÓN ENLACE and ENERGY CONTROL, met together in an idyllic place to analyse the weaknesses and strengths of user organisations to intervene in the design and application of drug policies, as well as the threats and opportunities that we can be confronted with when doing this. The report, with the conclusions of the research, as well as a videoreport will be presented in the coming months.

Apart from analysing in a very transparent way the situation of the movements for drug policy reform and the strategies to improve our effectiveness, we elaborated in Murguía concrete recommendations for the coming drugs plan of the Basque government and an alternative drugs action plan for the European Union that should replace the current draft elaborated by the European Commission. The recommendations of the Basque Government will be presented in a report at a meeting that will be organised for this purpose, and the alternative action plan will be presented during the coming Civil Society Forum on Drug Policies in the EU.

The workshop in Murguía represents a qualitative improvement in the movement for drug policy reform. On one hand, it is a historic moment for the social movements, especially for those that are formed by people at the grass roots level: we are passing from protest to proposal, and not a theoretical one, but a proposal that has materialised through a process of profound common reflection. On the other hand, the fact that we enjoyed such amenities as simultaneous translation, a comfortable room for the meeting etc., has facilitated the work in large degree.

We are also starting to see that the global objective is transcending local problems (egos, protagonisms, internal struggles, etc.) and global problems as well (sacred and stigmatised substances, urgency versus importance etc.). We are seeing the emergence of a commonly agreed project that becomes more and more clear and necessary.

Although this objective has always been present in the outlook of ENCOD, a coalition that has grown from 20 organisations in 1994 to 150 in 26 different countries today, in Murguía we have been able to conclude that we are all ENCOD, that we all have something to contribute to ENCOD, that there is a true feeling of belonging to the network and collaborating with each other. Something that is obvious but important to remember once in a while.

All this would not have been possible without the concrete help of two persons: Iker Val (of Ganjazz Art Club) and Iker Giraldo Cuadrado (La Regadera), who assumed the idea that was launched in the assembly and have proved able to convert this idea in reality in just 4 months.

The synergies are also coming together in the world of the Cannabis Social Clubs. during the past months the Federation of Cannabis Associations in Spain is working on a consensus document with recommendations on how to create a cannabis consumers club that would dispose of the most fundamental norms (statutes, rules for registering an association, etc.) as well as broader issues such as legal resolutions that are currently in place. This was the first step towards the elaboration of a second document that will be directed at the Spanish government with recommendations on how to regulate the clubs. The third step will be the internal reglementation for the functioning of the clubs, which will facilitate common standards of operation for all associated clubs.

This is not an isolated process, it takes place at a moment when from the other side of the Atlantic Ocean lines are thrown to us in order to maintain the link to the other extreme end of a chain that is more and more diffuse (consumers become growers and in producing countries, growers have been consuming traditionally since remote times). ENCOD is on the brink of signing an agreement with coca grower organisations in Bolivia which will promote initiatives of coca grower communities to obtain economic self-sufficiency in a framework of integrated and sustainable development, legal commercialisation channels for the traditional derivates of the coca leaf will be explored and acts of citizens’ diplomacy will be organised to propose the international depenalization of the coca leaf for international organizations.

For these projects, in early March we will organise a conference in the European Parliament, in collaboration with MEPs, on the issue of the revalorisation of the coca leaf through the legal commercialisation of its derivates in Europe.

We hope to count on the presence of representatives of coca grower organisations in order to present publicly the agreement, which we hope will be signed before that date.

Just as the twinkling of the wings of a butterfly can produce a hurricane, we hope that this fresh air in movement will cross the physical and ideological frontiers and obtain the necessary force [that might] break the wall of prohibition.

By: Virginia Montañés Sánchez (with the help of Peter Webster)

Thanks to José Afuera Gómez, of FAC, for the information on cannabis social clubs in Spain.
P.S.

ENCOD NEEDS YOUR SUPPORT:

Account: 001- 3470861-83 Att. ENCOD vzw - Belgium
Bank: FORTIS, Warandeberg 3, 1000 Brussels
IBAN: BE 14 0013 4708 6183
SWIFT: GEBABEBB

Dear ASA Supporter,

The U.S. Supreme Court refused to review a landmark decision yesterday in which California state courts found that its medical cannabis law is not preempted by federal law. The Supreme Court’s decision in Garden Grove v. Superior Court means that federal law does not prevent state and local governments from implementing medical cannabis laws adopted by voters or state legislatures. In short: federal law does not override state law on medical cannabis!

Yesterday’s decision follows three years of strategic legal work by Americans for Safe Access (ASA) in a California case involving the return of wrongfully confiscated medicine. ASA needs your help to keep doing important work like this. Please take a moment to make a special contribution to ASA today.

The Court’s decision has broad implications for medical cannabis patients in the 13 states where medical cannabis is legal, and signals a sea change in the impasse between state and federal laws. Better adherence to state medical cannabis laws by local police will result in fewer needless arrests and other problems for patients, allowing for better implementation of medical cannabis laws in all states that have adopted them.

Medical cannabis advocates should be encouraged by opportunities for change in federal policy with a new Presidential Administration and shift in Congress. But until now, federal pre-emption has haunted patients whose state laws allow for medical cannabis use. This decision further clears the way for state implementation and adds new urgency to ASA’s work in the nation’s capitol, where we have been working full-time to change federal policy since 2006.

ASA is working in the courts and in the halls of Congress to protect and expand patients’ rights – and we are making a difference. We have won important victories in court, made significant inroads in Congress, and helped reframe the national debate about medical cannabis. But we need your help to carry on. Please make a contribution to support ASA today.

Thank you,

Steph Sherer
Executive Director
Americans for Safe Access

P.S. Read more about the Supreme Court decision at www.AmericansForSafeAccess.org/USSCKha.

Dear friends:

The Georgetown chapter of Students for Sensible Drug Policy is hosting a debate between MPP assistant director of communications Dan Bernath and White House Office of National Drug Control Policy chief counsel Ed Jurith at 6:30 p.m. on Wednesday, December 3. The debate will take place at The Georgetown University Law Center in McDonough Hall. The topic of the debate will be medical marijuana.

Attendance is free and open to the public. Attendees must bring a valid photo ID. After the debate, there will be a question and answer session with the audience.

WHAT: Medical marijuana debate between MPP assistant director of communications Dan Bernath and ONDCP chief counsel Ed Jurith
WHEN: 6:30 pm on December 3, 2008
WHERE: The Georgetown University Law Center in McDonough Hall (600 New Jersey Ave NW), room 203

In 1998, 69% of Washington, D.C., voters supported an initiative to allow sick and dying patients to use medical marijuana. However, Congress has prevented the law from being implemented, so seriously ill District residents are still subject to arrest and prosecution for using medical marijuana. If you live in the District, please take a moment now to urge your councilmembers to pass a resolution calling on Congress to respect the will of D.C. voters and allow the medical marijuana law to take effect.

Thank you for supporting MPP. I hope you will be able to attend the debate on Wednesday evening.

Sincerely,

Zane Hurst
Legislative Analyst
Marijuana Policy Project

Dear friends:

With the new presidential administration just two months away, MPP is calling on President-elect Obama to inject some common sense into America's marijuana laws.

Please watch MPP's new video letter to Obama to see what we're asking him to do:

As you know, we emptied our coffers in order to win our successful ballot initiative campaigns to legalize medical marijuana in Michigan and decriminalize marijuana possession in Massachusetts. In order to hit the ground running with the new administration and the new Congress, we need your help to make sure our work in the new year is fully funded. Would you please consider donating $10 or more to our work today? 

We really appreciate anything you can give.

Sincerely,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $3.0 million that MPP can raise from the rest of the planet in 2008. This means that your donation today will be doubled.

PRESS RELEASE
Americans for Safe Access
For Immediate Release: December 1, 2008

U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law / Medical marijuana case appealed by the City of Garden Grove was denied review today

Washington, DC -- The U.S. Supreme Court refused to review a landmark decision today in which California state courts found that its medical marijuana law was not preempted by federal law. The state appellate court decision from November 28, 2007, ruled that "it is not the job of the local police to enforce the federal drug laws." The case, involving Felix Kha, a medical marijuana patient from Garden Grove, was the result of a wrongful seizure of medical marijuana by local police in June 2005.

Medical marijuana advocates hailed today's decision as a huge victory in clarifying law enforcement's obligation to uphold state law. Advocates assert that better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures. In turn, this will allow for better implementation of medical marijuana laws not only in California, but in all states that have adopted such laws.

"It's now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the medical marijuana advocacy organization that represented the defendant Felix Kha in a case that the City of Garden Grove appealed to the U.S. Supreme Court. "Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state."

California medical marijuana patient Felix Kha was pulled over by the Garden Grove Police Department and cited for possession of marijuana, despite Kha showing the officers proper documentation. The charge against Kha was subsequently dismissed, with the Superior Court of Orange County issuing an order to return Kha's wrongfully seized 8 grams of medical marijuana. The police, backed by the City of Garden Grove, refused to return Kha's medicine and the city appealed. Before the 41-page decision was issued a year ago by California's Fourth District Court of Appeal, the California Attorney General filed a "friend of the court" brief on behalf of Kha's right to possess his medicine. The California Supreme Court then denied review in March.

"The source of local law enforcement's resistance to upholding state law is an outdated, harmful federal policy with regard to medical marijuana," said ASA spokesperson Kris Hermes. "This should send a message to the federal government that it's time to establish a compassionate policy more consistent with the 13 states that have adopted medical marijuana laws."

Further information:

Today's U.S. Supreme Court Order denying review:
http://AmericansForSafeAccess.org/downloads/Kha_USSC.pdf
Decision by the California Fourth Appellate District Court:
http://AmericansForSafeAccess.org/downloads/GardenGroveDecision.pdf
Felix Kha's return of property case:
http://AmericansForSafeAccess.org/article.php?id=4412

# # #

Drug Truth Network Update: 4:20 Drug War NEWS from 90.1 FM in Houston and dozens of radio affiliates in the US, Canada and Australis & on the web at www.kpft.org.

We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia.

4:20 Drug War NEWS 12/01/08 to 12/07/08 now online (3:00 ea:) Select online at www.drugtruth.net

Sun - Kris Krane of SSDP re "No O.D.'s with regulation"

Sat - Bruce Alexander part 2/2

Fri - Bruce K. Alexander, author of "The Globalization of Addiction, A Study in Poverty of The Spirit" 1/2

Thu - Kris Krane of Students for Sensible Drug Policy re crack cocaine vs powder sentencing disparity

Wed - Lisa Ling re National Geographic special on marijuana

Tue - LEAP Report with Terry Nelson: UN Drug Czar off base

Mon - Glenn Greenway with Poppygate Report: "from Bongs to Dongs"

Next - Century of Lies on Tues, Cutural Baggage on Wed (Now With Transcripts):

- Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD
- Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT, 9:30 AM PT: TBD

Hundreds of our programs are available online at www.drugtruth.net, and www.audioport.org

Check out our latest videos via www.youtube.com/fdbecker:

Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform.

"Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer

Dean Becker
713-849-6869
www.drugtruth.net

HAPPY THANKSGIVING!

The Unvarnished Truth About the Drug War From the Drug Truth Network:

(To downlad these 29:00 files, click on links below. To simply listen, go to www.drugtruth.net and select the arrow below the shows description.)

Cultural Baggage for 11/26/08 Bruce K. Alexander, author of "The Globalization of Addiction, A Study in Poverty of The Spirit" + Law Enforcement Against Prohibition report from Terry Nelson & The Abolitionists Moment
MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/2150/FDBCB_112608.mp3
TRANSCRIPT: By Friday

Century of Lies for 11/25/08 Kris Krane, president of Students for Sensible Drug Policy discusses recent SSDP conference to celebrate their 10th anniversary + 7 years later, CIA found responsible for shooting missionary's plane from the sky + the Reagans just say "yes" to drugs
MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/2149/COL_112508.mp3
TRANSCRIPT: http://www.drugtruth.net/cms/?q=node/2149#comments

PLEASE NOTE: We now have transcripts, potcasts, searchability, CMS, XML, sorts by guest name and by organization.

Next - Century of Lies on Tues, Cutural Baggage on Wed, listen online at www.kpft.org:

- Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD
- Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD
Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org

We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Now Australia!!!

Programs produced at Pacifica Radio Station KPFT in Houston. www.kpft.org

Check out our latest videos via www.youtube.com/fdbecker: More than 55 Drug Policy Videos online)

Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform.

"Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer

Dean Becker
713-849-6869
www.drugtruth.net

NEWS ADVISORY: November 24, 2008
CONTACT: Tom Angell, LEAP - (202) 557-4979 or media@leap.cc

Cops Say Legalizing Drugs Can Boost Economy by Billions

75th Anniversary of Alcohol Prohibition's End Inspires Modern Effort

WASHINGTON, D.C. - On Tuesday, December 2, a group of law enforcers who fought on the front lines of the "war on drugs" and witnessed its failures will commemorate the 75th anniversary of alcohol prohibition's repeal by calling for drug legalization. The cops, judges and prosecutors will release a report detailing how many billions of dollars can be used to boost the ailing economy when drug prohibition is ended.

"America's leaders had the good sense to realize that we couldn't afford to keep enforcing the ineffective prohibition of alcohol during the Great Depression," said Terry Nelson, a 30-year veteran federal agent and member of Law Enforcement Against Prohibition (LEAP). "Now, cops fighting on the front lines of today's 'war on drugs' are working to make our streets safer and help solve our economic crisis by teaching lawmakers a lesson from history about the failure of prohibition. We can do it again."

WHO: Federal agents, street cops, detectives, corrections officials and a Harvard economist

WHAT: Release of "We Can Do It Again" report on benefits of repealing drug prohibition

WHEN: Tuesday, December 2, 2008 @ 10:00 AM

WHERE: National Press Club; Zenger Room; 529 14th Street, NW; 13th Fl.;

Washington, DC

***phone press conference also available***

"We Can Do It Again: Repealing Today's Failed Prohibition," highlights how the "war on drugs" - just like alcohol prohibition - subsidizes violent gangsters, endangers public health and diminishes public respect for the rule of law. The report also details how the newer prohibition comes with the much graver threat of international cartels and terrorists who profit from illegal drug sales. Yet, it leaves readers on a hopeful note.

"We're starting to see an emerging consensus that drug prohibition just doesn't make sense," said Seattle's retired Police Chief Norm Stamper, a LEAP member. "Three out of four Americans now say the 'war on drugs' has failed, and so do the U.S. Conference of Mayors, the National Black Caucus of State Legislators and the National Hispanic Caucus of State Legislators. Now, it's up to the new administration and Congress to follow through."

More information about LEAP and a copy of the report will be uploaded at http://www.WeCanDoItAgain.com/

# # #

Cal NORML Release - Nov. 24, 2008
Cal Supreme Court Rules Prop 215 Caregivers Must Do More Than Just Supply Marijuana

In a blow to medical marijuana providers, the California Supreme Court ruled that defendants are not entitled to a defense as Prop 215 caregivers if their primary role is only to supply marijuana to patients. The court unanimously overruled an appellate court decision in the case People v Roger Mentch", writing:

"We hold that a defendant whose caregiving consisted principally of supplying marijuana and instructing on its use, and who otherwise only sporadically took some patients to medical appointments, cannot qualify as a primary caregiver under the Act and was not entitled to an instruction on the primary caregiver affirmative defense. We further conclude that nothing in the Legislature's subsequent 2003 Medical Marijuana Program (Health & Saf. Code, § 11362.7 et seq.) alters this conclusion or offers any additional defense on this record."

Full text of the decision may be found at http://www.courtinfo.ca.gov/opinions/documents/S148204.PDF

Prop 215 defines primary caregiver to be the "individual designated by the [patient]... who has consistently assumed responsibility for the housing, health, or safety of that person." According to the Court, these words " imply a caretaking relationship directed at the core survival needs of a seriously ill patient, not just one single pharmaceutical need."

The Court concluded, " a defendant asserting primary caregiver status must prove at a minimum that he or she (1) consistently provided caregiving, (2) independent of any assistance in taking medical marijuana, (3) at or before the time he or she assumed responsibility for assisting with medical marijuana."

The Court's ruling effectively limits the caregiver defense to relatives, personal friends and attendants, nurses, etc. In particular, it excludes its use by medical marijuana "buyers' clubs," retail dispensaries and delivery services.

The remaining legal defense for medical marijuana providers is to organize as patient cooperatives and collectives, which are legal under SB 420.

"The Mentch decision highlights the inadequacy of California's current medical marijuana supply system," said Cal NORML coordinator Dale Gieringer. "The law needs to allow for professional licensed growers , as with other medicinal herbs."

- D. Gieringer Cal NORML

--
Dale Gieringer - dale@canorml.org
California NORML, 2215-R Market St. #278, San
Francisco CA 94114 -(415) 563- 5858 -
www.canorml.org