LEAP Supports Ohio Issue 3 to Legalize Marijuana

LAW ENFORCEMENT AGAINST PROHIBITION SUPPORTS OHIO ISSUE 3, MARIJUANA LEGALIZATION

New Law Will Improve Public Safety, Reduce Justice System Burden

Today, Law Enforcement Against Prohibition (LEAP), a group of police, prosecutors, judges, and other law enforcement professionals working to end marijuana prohibition, declared their support for Ohio’s Issue 3, the proposed constitutional amendment to tax and regulate marijuana in the state. The law would legalize the production, sale, and adult consumption of marijuana products in the state and permit licenses for specific distribution companies. If passed, the law would permit home cultivation of up to four flowering plants and possession and sharing of up to eight ounces by adults 21 and older with a valid state license. The new law also protects patients of any age with a doctor-certified debilitating condition by allowing safe access to regulated marijuana products.  

“Legalization will take money away from the cartels, provide funding for public safety and health services, and reduce the violence associated with the illegal drug market. Passage of  Issue Three puts us in charge, not the dealers,” said Cincinnati Police Captain Howard Rahtz (Ret.).

Ohio arrested nearly 12,000 adults for marijuana possession and distribution in 2012. Almost all of those arrests were for possession alone. While most individuals don’t serve jail time for possession alone, an arrest is a costly, damaging, and time-consuming ordeal. Marijuana arrests can cost steep fines, require defendants take time off work for court appearances, limit job and educational opportunities, and even take away rights from stable and nurturing parents. The process of an arrest is even more damaging to those in impoverished communities who often have less freedom with taking time off work, less cash for unplanned expenses, and fewer opportunities for economic mobility.

“Regulating marijuana is the only way we can be sure to keep it out of the hands of criminals, and ultimately, keep our kids and streets safer,” said Maj. Neill Franklin (Ret.), executive director for LEAP. “Controlling the drug has always been the goal – we’ve just been going about it the wrong way for a very long time.”

LEAP joins Issue 3 supporters that include former Cincinnati Police Chief Tom Streicher, the American Civil Liberties Union of Ohio, and the National Organization for the Reform of Marijuana Laws (NORML). Ohio voters will make a decision on November 3^rd, 2015. 

Press Release: LEAP ED Neill Franklin Part of Law Enforcement Leaders, Top Cops and Prosecutors for Criminal Justice Reform

LAW ENFORCEMENT LEADERS LAUNCH NEW GROUP

Top Police and Prosecutors Declare Need for Criminal Justice Reform

Washington D.C. – Today, more than 130 top police and prosecutors from all 50 U.S. states, including LEAP executive director Major Neill Franklin (Ret.) are holding a conference to launch a new group, Law Enforcement Leaders to Reduce Crime and Incarceration (LELRCI). The group is releasing a report explaining their mission: to reduce crime and improve public safety by reducing needless incarceration and harmful mandatory minimum sentences, and improving access to rehabilitation services for those with mental illnesses and substance abuse disorders. They propose de-felonizing minor crimes as California has done with Prop. 47, and ultimately, strengthening community-police relations.

"As our nation's top police and prosecutors reflect back on their careers, we have come to understand that many of the so-called tough-on-crime principles to which many of us gave our lives are flat-out wrong," said Major Franklin. "We can reduce crime and incarceration at the same time, but to do that we need alternatives to arrest, balance in our laws, and continued improvement in community relations. Law Enforcement Against Prohibition is honored to be a part of distinguished group."  

Unnecessary incarceration taxes public coffers and law enforcement resources as well as furthering economic and racial inequality and lessening life opportunities for millions, who become more likely to re-offend in the future. $80 billion is spent on incarceration in the U.S. every year; a cost reform advocates say would be better spent on rehabilitation, job training, and education. Drug laws continue to be a root cause of mass incarceration and places severe social and economic consequences on individuals and communities, particularly those of color. Overly punitive drug enforcement and the prioritization of drug cases over violent crimes since the drug war began in 1971 has contributed to the U.S. holding more prisoners per capita than any other nation.

Please contact Darby Beck at darby.beck@leap.cc for a special access code to view the launch event being held at the National Press Club Wednesday from 12:30-2pm ET.

LEAP is committed to ending decades of failed policy that have wreaked havoc on public safety, damaged community relations with police, fostered corruption and racism, and largely ignored the public health crisis of addiction. The War on Drugs has cost more than $1 trillion dollars, yielded no positive outcomes, and has ultimately diverted the penal system’s attention away from more important crimes.

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Press Release: Bipartisan Criminal Justice Bill Introduced in Senate

For Immediate Release:                                                            

Thursday, October 1, 2015                                                                                

BIPARTISAN CRIMINAL JUSTICE REFORM BILL INTRODUCED IN SENATE

New Legislation Focuses on Reducing Recidivism and Mandatory Minimum Sentences for Drug Offenses, New Early Release Programs, Increasing Judicial Discretion

Washington D.C. – Today, Republicans and Democrats in the Senate announced a sweeping criminal justice reform bill to address mass incarceration. Senate Judiciary Chairman Chuck Grassley (R-IA) led the cooperative effort that, if passed, would reduce mandatory minimum sentences, limit “Three Strikes” convictions and other determinate sentences, and expand judicial discretion. It would also increase education and job training programs, potentially reducing recidivism, among other improvements. The bill was constructed and co-sponsored by Sens. Dick Durbin (D-IL), Mike Lee (R-UT), Sheldon Whitehouse (D-RI), John Cornyn (R-TX), Patrick Leahy (D-VT), Lindsey Graham (R-SC), Cory Booker (D-NJ), Tim Scott (R-SC), and Chuck Schumer (D-NY).

“In an age of intense partisan conflict, it’s heartening to see lawmakers across the spectrum working together on restoring justice in this country,” said Maj. Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals working to end the drug war. “We could reduce the impact that drug prohibition has on people of color and for so many others who have been victims of unreasonable and ineffective drug prohibition laws. There’s still a lot of work to be done, but this is a considerable step in the right direction.”

The new bill would also retroactively apply the Fair Sentencing Act of 2010 to offenders currently serving unduly long sentences for crack cocaine. Through the Anti-Drug Abuse Act of 1986, harsh federal mandatory minimum sentences were instituted to deter drug use in an era of “tough on crime” mentality, but have recently come under fire by both the left and right for being excessively punitive, ballooning the American prison population, costing taxpayers billions, ignoring real solutions to drug abuse, and fostering racially biased enforcement practices. The Anti-Drug Abuse Act imposed a penalty for crack cocaine possession and distribution one hundred times more severe than the punishment for powder cocaine, despite the drugs being essentially identical. The ratio was reduced to 18:1 through the Fair Sentencing Act in 2010, but evidence points to a racially biased sentencing disparity that has contributed to putting African American men in prison at a rate five times higher than that of white men and resulted in the U.S. housing more prisoners than any other nation. The new bill should offer hope for many who have continued to be unfairly treated by the justice system through arbitrary mandatory minimum laws even after the reforms of 2010.

Mandatory minimum laws have also severely limited discretion judges have when deciding punishment for drug cases. The new bill would offer more leeway in determining appropriate sentences based on a defendant’s individual circumstances. Other provisions in the bill include limiting solitary confinement for juveniles in federal facilities and expanding mandatory minimum categories to include cases such as interstate domestic violence.

LEAP is committed to ending decades of failed policy that have wreaked havoc on public safety, wasted significant law enforcement resources, and largely ignored the public health crisis of addiction. The drug war has cost nearly two trillion dollars, yielded only disastrous outcomes, and has ultimately distracted the justice system from focusing on more important crimes.

Press Release: Marijuana Sales Begin in Oregon Thursday

For Immediate Release:                                              Contact: darby.beck@leap.cc

Wednesday, September 30, 2015                               415.823.5496                             

MARIJUANA SALES BEGIN IN OREGON THURSDAY

Medical Marijuana Dispensaries Given Head Start Before Other Stores

Oregon Becomes First State to Expunge Prior Nonviolent Marijuana Records

Oregon, which legalized marijuana in 2014 with Measure 91, is beginning sales tomorrow, Thursday October 1^st. Existing medical marijuana dispensaries were permitted to get a head start on sales before other, non-medical stores, which are expected to open in Fall 2016. This will ensure existing medical marijuana retailers have an opportunity to fairly compete in the new market as it emerges in the next several years. About 200 of the 345 medical shops have registered to expand their sales to all adults and expect a significant increase in profit margins.

“Tomorrow Oregon becomes the third state to be able to control, regulate and tax marijuana by making sales of the drug legal,” said Major Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition (LEAP), a group of law enforcement officials opposed to the war on drugs. “If we were to apply this same logic to heroin and other drugs so that people with addictions knew what they were getting, we’d not only see the public safety improvements we’ve seen in Colorado and Washington, we’d see thousands of lives saved every year.”

On June 30^th, Oregon Governor Kate Brown signed into law HB 3400, which not only created specific regulations for tracking plants from seed to sale to ensure consumer safety and vendor accountability, but it will also expunge thousands of prior marijuana records for nonviolent offenders.

“Millions of Americans face lessened life opportunities because of arrest and conviction records,” said Major Franklin. “Oregonians should be proud of the strides they have made to restore justice to those who should never have been arrested or incarcerated for marijuana in the first place.”

As of July 1^st of this year, adult possession and home cultivation were permitted. The law permits adults 21 and older to grow four plants and keep eight ounces at home, and to possess one ounce. Public consumption and sales will continue to remain illegal. The Oregon Liquor Control Commission, the agency charged with regulating marijuana in the state, will begin to accept applications for cultivation, processing, testing, and retail business licenses starting January 4^th, 2016, and recreational retailers are expected to be operational later the same year.

Four states have thus far legalized and regulated adult use. Oregon’s regulatory model has been developed with Washington and Colorado’s successes and failures in mind. Alaska has not yet begun legal sales. Among the marijuana regulation priorities for the Oregon Liquor Control Commission are preventing accidental ingestion by children with the use of appropriate childproof packaging, and ensuring that extracts, concentrates, and edibles are carefully regulated, tested, and labeled.

LEAP is committed to ending decades of failed policy that have created dangerous underground markets and gang violence, fostered corruption and racism, and largely ignored the public health crisis of addiction.

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Press Release: CALIFORNIA CIVIL FORFEITURE REFORM BILL DIES IN ASSEMBLY AFTER DECEPTIVE LAW ENFORCEMENT LOBBYING

Contact: Mikayla Hellwich                                                                                                                  For Immediate Release:

Mikayla.hellwich@leap.cc                                                                                                                   September 11, 2015

240-461-3066

CALIFORNIA CIVIL FORFEITURE REFORM BILL DIES IN ASSEMBLY AFTER DECEPTIVE LAW ENFORCEMENT LOBBYING 

State, Local Law Enforcement Profit from Violating Civil Liberties

Sacramento, CA -- Last night, the California assembly voted down 24-41 civil asset forfeiture reform bill SB 443 despite overwhelming voter support and largely due to law enforcement groups’ deceptive lobbying about losing federal funding. 

Civil asset forfeiture, which enables law enforcement to seize assets and property from individuals suspected of illegal activity without having to charge them with a crime, was originally intended to cripple wealthy drug dealers and use their funds for future enforcement operations. But over the past three decades, as government funding for police has fallen, departments have used civil forfeiture to maintain their budgets. SB 443 would have required law enforcement to “seek or obtain” a conviction to make a lawful seizure. A Tulchin Research survey conducted on California residents shows an average 76% of people across racial and political lines oppose the existing civil forfeiture laws. Failure to pass SB 443 shows a significant disconnect between voters and their legislators and the power that law enforcement agencies wield in evading accountability.

“In April, The Fraternal Order of Police (FOP) testified that law enforcement agencies cannot afford to give up civil asset forfeiture because the federal government has reduced funding for state and local law enforcement.” said Redondo Beach Lt. Commander Diane Goldstein (Ret.), a local speaker for Law Enforcement Against Prohibition (LEAP), a criminal justice group working to end the War on Drugs. “How can we possibly justify incentivizing police to be invested in criminal activity?”

“Civil forfeiture has dulled the luster of constitutional policing and leveraged local law enforcement away from its core mission of public safety,” said LAPD Deputy Chief Stephen Downing (Ret.), another local LEAP representative. “This bill would have put us back on a road of true public service and helped to rebuild community trust in these tenuous times. It is sad that 41 of our politicians could not see that opportunity.”

 Civil forfeiture often preys on average citizens and is widely abused by participating departments, particularly in California. In 2012, the Anaheim Police Department attempted to seize a $1.5 million office building from the owner after one of the owner’s tenants was accused of selling $37 worth of marijuana at a medical marijuana dispensary operating legally under state law. A report by the Drug Policy Alliance, “Above the Law: An Investigation of Civil Asset Forfeiture in California,” found “numerous breaches of federal forfeiture rules, including budgeting future forfeiture revenue, failure to submit forfeiture expenses to third party auditors, unaccounted-for expenditures in documents submitted to the Justice Department, and failure to retain records related to asset seizures.” Overall, the report points to a vast lack of oversight for an already unethical program.  

Law enforcement agencies are legally permitted to make civil forfeitures without convictions in every U.S. state except New Mexico, where it has been abolished entirely, but federal enforcement agencies, such as the Drug Enforcement Administration, still make civil forfeitures across the country. 

The Fifth Amendment Integrity Restoration (FAIR) Act has been introduced to both houses at the congressional level and would reform civil asset forfeiture nationwide as well as abolish the Department of Justice’s Asset Forfeiture Fund, which allows the Attorney General to “pay any necessary expenses associated with forfeiture operations,” but has incentivized selective enforcement of laws based on monetary gain. Among the cosponsors of the FAIR Act are California State Representatives Tony Cardenas (D-San Fernando Valley), Sam Farr (D-Carmel), Tom McClintock (R-Roseville), and Dana Rohrabacher (R-Costa Mesa).

Law Enforcement Against Prohibition (LEAP) is an organization of police, judges, prosecutors, and other criminal justice professionals dedicated to ending the drug war.

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Press Release: SENATORS INTRODUCE BIPARTISAN MARIJUANA BANKING BILL

SENATORS INTRODUCE BIPARTISAN MARIJUANA BANKING BILL

Bill Would Address Largest Logistical Obstacle to Dispensaries, Improve Public Safety

WASHINGTON, DC – Senators Jeff Merkley (D-OR), Cory Gardner (R-CO), Michael Bennet (D-CO), Rand Paul (R-KY), and Ron Wyden (D-OR) introduced the Marijuana Business Access to Banking Act today in a much-needed move to allow legitimate marijuana businesses to conduct legal financial operations. While the move sounds like a minor regulatory matter, the lack of clear financial guidelines represents the single greatest obstacle to state-legal marijuana businesses operating safely and profitably. Currently, dispensaries and other businesses in states that have legalized medical marijuana or that allow adult use must operate cash-only businesses because banking services fall under federal, rather than state law.

“Right now, it’s the Wild West for marijuana businesses,” said Major Neill Franklin (Ret.), executive director of LEAP. “Criminals know where the dispensaries are. They know the businesses are making thousands of dollars a day and that all of those transactions are in cash. It’s led to some horrific incidents, all courtesy of the federal government. They’re setting these businesses up to fail and, worse, they’re endangering people’s lives.”

Most dispensaries have had to hire expensive private security firms to set up elaborate safety systems and to accompany employees as the cash leaves the premises. Because of these precautions, many dispensaries, even those conducting large volume of sales, retain little profit. States are the other major losers in this scenario as the lack of accountability encourages the underreporting of taxes.

In the House, Representatives Ed Perlmutter (D-CO) and Denny Heck (D-WA) have  introduced a similar  bill, HR 2076.

LEAP is committed to ending decades of failed policy that have wreaked havoc on public safety, damaged community relations with police, fostered corruption and racism, and largely ignored the public health crisis of addiction. The War on Drugs has cost more than $1 trillion dollars, yielded no positive outcomes, and has ultimately diverted the penal system’s attention away from more important crimes.

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