Press Release: Federal Marijuana Legalization Bills Introduced to Congress

Contact: Darby Beck                                                                                           For Immediate Release:
darby.beck@leap.cc                                                                                                     February 20, 2015
415.823.5496

FEDERAL MARIJUANA LEGALIZATION BILLS INTRODUCED 

TO CONGRESS   

Congressmen Jared Polis (D-CO) and Earl Blumenauer (D-OR) Introduce Separate Marijuana Tax,  Regulation Bills 

Washington D.C. – Today US Representatives Jared Polis (D-CO) and Earl Blumenauer

(D-OR) introduced separate bills to tax and regulate the sale of marijuana for adults at the

federal level. Polis introduced a bill that would allow states the ability to choose to

legalize marijuana without fear of federal intervention, and a federal regulatory structure

would be built to accommodate those new laws. Blumenauer’s bill would tax marijuana

at the federal level, in addition to any taxes that may be imposed by state and local

jurisdictions. Marijuana is already state-legal in Colorado, Washington, Alaska and

Oregon, and medical marijuana is allowed in 23 states and Washington, DC. Yet despite

a Department of Justice memo that instructed federal prosecutors to be sparing in their

interference in state-legal operations,  “using [their] limited investigative and

prosecutorial resources to address the most significant marijuana-related cases,” which

the memo explained, and passage of the Rohrabacher-Farr Amendment defunding federal

prosecution of medical marijuana cases, some US attorneys, such as Melinda Haag,

continue to inappropriately use federal law to go after state-legal operations.



“Cops have better things to worry about than the recreational habits of responsible,

nonviolent adults,” said Maj. Neill Franklin (Ret.), executive director of Law

Enforcement Against Prohibition (LEAP), a group of criminal justice professionals

opposed to the drug war. “And dispensary owners have better things to worry about than

whether the federal government is going to arrest them and/or seize their assets for acting

in accordance with state law.”

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Press Release: Michael Botticelli Confirmed as Drug Czar

Contact: Darby Beck                                                                      For Immediate Release:

darby.beck@leap.cc                                                                                February 10, 2015

415.823.5496

MICHAEL BOTTICELLI CONFIRMED AS DRUG CZAR

Recovered Alcoholic Takes Top Spot at ONDCP

Washington D.C. – President Obama’s nominee for director of the White House Office of National Drug Control Policy (ONDCP), acting director Michael Botticelli, was confirmed by the Senate 92-0 yesterday, granting him one of the nation’s highest drug-control offices. A recovered alcoholic with extensive career experience in public health, the new “drug czar,” as he is informally known, has potential to take more of a public health approach than did his predecessors, including former Seattle police chief Gil Kerlikowske, the most recent officeholder,  who was confirmed as Commissioner of US Customs and Border Protection last March. Botticelli has recently stated that Congress shouldn’t interfere with the will of D.C. voters to legalize marijuana, despite the ONDCP’s official stance on legalization. Last week, he was quoted in a conference call saying that the ONDCP will bar federal funding from drug courts that prevent access to medication-assisted treatment for opiate addiction.

“Appointing someone who personally understands addiction provides hope that the government is taking a stronger public health approach to drug policy,” said Maj. Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition (LEAP). “Botticelli understands that it doesn’t make sense to treat drug users as criminals, because imprisonment has never proven to be effective at reducing abuse.”

Botticelli was arrested for drunk driving in 1988, and worked toward sobriety thereafter. He then dedicated his career to helping others recover. Botticelli joined the Massachusetts Department of Heath, and eventually served as director of substance abuse services from 2003 to 2012. As director, he oversaw a program in Quincy that gave police access to naloxone, a drug that saves lives by safely reversing opiate overdoses. His career is celebrated as one that prioritizes public health and safety for those who battle addiction, by instituting humane, effective and compassionate policies and programs. 

LEAP is a nonprofit of criminal justice professionals who know the war on drugs has created a public safety nightmare of increased gang violence, police militarization and the fueling of dangerous underground markets.

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Press Release: Congress Reintroduces Bipartisan Asset Forfeiture Reform Legislation

CONGRESS REINTRODUCES BIPARTISAN ASSET FORFEITURE REFORM LEGISLATION

FAIR Act Would End DOJ Equitable Sharing Program

Washington D.C. – Yesterday, both houses of Congress reintroduced S 255, the Fifth Amendment Integrity Restoration (FAIR) Act, a bipartisan bill that would end the Justice Department’s Equitable Sharing Program, which incentivizes state and local law enforcement to seize private property without charging anyone with a crime in a process called civil asset forfeiture.

Reintroduction of the FAIR Act comes only days after Attorney General Eric Holder announced an end to some kinds of forfeiture. Unfortunately, while Holder’s announcement is a step in the right direction, it only addresses about 14% of the total amount of seizures in question. An exception to the reforms announced on January 16^th allows state and local officers to exercise civil asset forfeiture practices if they’re involved in a multijurisdictional task force that includes federal enforcement, such as the Drug Enforcement Agency. Because federal agencies are so frequently involved in civil asset seizures, state and local law enforcement can still keep about 86% of the money taken from otherwise innocent civilians. The FAIR Act however, would end the Equitable Sharing Program entirely.

“The FAIR Act is precisely what we’ve been advocating since Holder’s announcement,” said Maj. Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition. “If this bill passes, it would topple a huge cornerstone of the drug war infrastructure that erodes community trust in police, promotes corruption within the ranks and distracts cops from doing their jobs. Once this incentive is gone, cops can spend their time protecting communities from truly dangerous criminals instead of taking money from innocent people.”

The FAIR Act was introduced to the Senate by Sen. Rand Paul (R-KY), Sen. Angus King (I-ME) and Sen. Mike Lee (R-UT). An identical version of the bill was introduced in the House by Rep. Tim Walberg (R-MI), Rep. Scott Garrett (R-NJ), Rep. Tony Cárdenas (D-CA), Rep. Keith Ellison (D-MN) and Rep. Tom McClintock (R-CA).

Since the 1980s, the drug war has been used as justification for continuing and expanding the Equitable Sharing Program. A court may allow for assets to be seized, including boats, cars, property and cash associated with the crime. But, in some places such as Washington D.C., the amount of money seized is almost never associated with a crime. Since 2009, Washington D.C. police have seized more than $5.5 million in cash, yet half of that money was seized in increments of $141 or less.  False accusations of drug possession are consistently used as probable cause. Assets seized are then permitted to be used and misused by the department for anything they see fit, including new equipment upgrades, football tickets or “food, gifts and entertainment” for the department.

Civil asset forfeiture currently requires that there be “preponderance of evidence,” rather than “guilt beyond a reasonable doubt,” which means far less evidence is needed to charge the property. The Fair Act would establish that “clear and convincing evidence” be present in order to charge the property with a crime, and that the owner “used the property with the intent to facilitate the offense.”

LEAP is a nonprofit of criminal justice professionals who know the war on drugs has created a public safety nightmare of increased gang violence, police militarization and the fueling of dangerous underground markets.

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CO Chiefs Host Discussion About Enforcing Marijuana Regulations

Contact: Darby Beck                                                                                       For Immediate Release:

darby.beck@leap.cc                                                                                                   January 15, 2014

415.823.5496                                                                                      

COLORADO POLICE CHIEFS HOST MARIJUANA SUMMIT, DISCUSS LEGALIZATION IMPACT

Legalization Allows Police to More Directly Confront Problems Arising from Use of Any Drug

The Colorado Association of Chiefs of Police are hosting a conference this week to discuss the impact of legal marijuana on law enforcement and public safety one year after recreational dispensaries opened in the state. The conference offers recommendations for dealing with marijuana-related issues under a legal framework in which police are able to work with growers, distributors and others to ensure consumers are protected, that criminals do not profit from sales and that the drug is not available to children.

“This conference is the result of smart regulation,” said Major Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition. “Now that marijuana is sold in a visible, transparent market, enforcement and regulatory bodies can start making recommendations about how to further public safety surrounding the drug. Instead of arresting people for minor marijuana offenses, cops are now ensuring operations are running safely and legally.”

The event lasts three days, beginning Wednesday of this week, and is expected to draw a crowd of almost 500 law enforcement professionals, including representatives from Alaska, which recently voted to legalize marijuana. U.S. Attorney in Colorado John Walsh and the Drug Enforcement Agency’s top officer in the state will also be in attendance.

LEAP is a nonprofit of criminal justice professionals who know the war on drugs has created a public safety nightmare of increased gang violence, police militarization and the fueling of dangerous underground markets.

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Press Release: Congress Acts to Protect Medical Marijuana Patients!

Contact: Darby Beck                                                          For Immediate Release:

darby.beck@leap.cc                                                           December 10, 2014

415.823.5496

CONGRESS ACTS TO PROTECT MEDICAL MARIJUANA

Spending Bill Defunds Department of Justice Operations Undermining State Medical Marijuana Laws

Future of Initiative 71 in DC Remains Unclear

Washington DC–In a stunning victory for medical marijuana advocates, the House and Senate Appropriations Committees have included provisions in the omnibus spending bill prohibiting the Department of Justice from using federal funds to interfere with state-legal medical marijuana operations and protecting hemp cultivation for academic and research purposes. Opinions are mixed on what effect the bill might have on the implementation of DC’s Initiative 71, however, which would legalize the adult possession of small amounts of marijuana in the District. Some believe if the bill passes the initiative will remain in place, decriminalizing use but preventing the DC Council from regulating sales, while others think it could overturn the initiative entirely. Congress is set to vote on the bill later this week.

“This is a great day for patients and for public safety,” said Major Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition. “Congress has finally listened to the vast majority of Americans who believe the federal government has no right to interfere in the personal decision to use medical marijuana made by a patient in consultation with his or her doctor. Law enforcement never should have been a part of that decision and if this amendment passes, they no longer will.”

The medical marijuana provision was adopted from a bipartisan amendment sponsored by Dana Rohrabacher (R, CA) that passed the House in May 219-189. A similar amendment was proposed in the Senate by Senators Rand Paul (R, KY) and Senator Cory Booker (D, NJ) but never received a vote. If passed, it will impact the ability of the DEA to enforce federal laws in the 23 states and DC where medical marijuana is legal and reduce the use of asset forfeiture laws that allow law enforcement to seize assets without ever charging a person with a crime.

The bill now goes to the full Senate and House for approval, then to President Obama’s desk to be signed into law.

Law Enforcement Against Prohibition is a 501(c)3 nonprofit group of law enforcement officials who want to end the war on drugs.

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Press Release: Congress May Override DC Home Rule, Block Marijuana Legalization

Contact: Darby Beck                                                          For Immediate Release:

darby.beck@leap.cc                                                           December 9, 2014

415.823.5496

CONGRESS MAY OVERRIDE DC HOME RULE, BLOCK MARIJUANA LEGALIZATION

Law Enforcement Against Prohibition Concerned Congress is Undermining Democratic Process

Washington DC–The Washington Post is reporting that Congressional efforts may undermine DC home rule and block Initiative 71, despite 70% of District voters casting ballots in favor of the new law. If Congress approves the initiative, adults in DC would legally be able to cultivate and possess marijuana. But some Congressmembers, realizing their colleagues wouldn’t support blocking the initiative directly, undermining home rule and the will of a majority of Americans, have instead included language blocking the measure in the spending bill, which can limit the federal funds DC receives.

“Those who fight sensible marijuana reform risk losing a tremendous amount of political support, even within their own party,” said Major Neill Franklin (Ret.) executive director of Law Enforcement Against Prohibition. “But those who encourage these new policy changes that are already being demanded by a majority of Americans, will be vindicated as pioneers of intelligent public safety improvements. If democracy still matters to our leaders, they have to listen to the voters.”

Law Enforcement Against Prohibition (LEAP) is concerned that blocking marijuana legalization will continue to promote a public safety nightmare of increased gang violence, police militarization and the fueling of dangerous underground markets. Decriminalization does not go far enough because marijuana is still not regulated by any measure of quality of safety standards and drug dealers don't ask for IDs, making the drug far more dangerous and easier for children to obtain.

Law Enforcement Against Prohibition is a 501(c)3 nonprofit of law enforcement officials who want to end the war on drugs.

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