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News
Archive 2004
At the
end of December, 2004, nationally syndicated columnist
Neal Pierce wrote
about the "tweaks" in New York's Rockefeller drug laws
signed by Gov. George Pataki (R). Pierce noted that this
was part of a trend in many states to reduce mandatory
minimum sentences for drug offenses. In the national discussion
of imprisonment policy, he sees two "mega-issues:" prohibition
and race. Speaking of race, he pointed to the analysis
of Eric E. Sterling ("Drug Policy: A Challenge of values")
regarding the role of the war on drugs and related punishments
as tools to maintain white privilege.
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Eric E.
Sterling prepared a four-page annotated bibliography of
books about drugs, drug policy, cannabis, and medical
cannabis for the Students for Sensible Drug Policy conference
in November 2004. This bibliography is a terrific aid
in writing papers. Email info@cjpf.org
to have it sent to you.
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In 2004, Eric E. Sterling had chapters published in
four books:
"Drug Policy: A Challenge of values," was published
in Criminal
Justice: Retribution vs. Restoration, edited
by Eleanor H. Judah and Rev. Michael Bryant.
"A Businessperson's Guide to the Drug Problem," was
published in The New Prohibition, edited by Sheriff
Bill Masters.
"The War on Drugs Distracts from the War on Terror,"
was published in Opposing Viewpoints: The War on
Drugs, edited by Tamara Roleff.
"Tales of a Recovering Drug Warrior," was published
in Under
The Influence: The Disinformation Guide to Drugs,
edited by Preston Peet.
There is more information on these books below. Email
info@cjpf.org to
have a copy of either of the first two chapters sent
to you.
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On Friday,
December 3, 2004, Eric E. Sterling spoke to a standing-room
only crowd at the Connecticut Alliance in Hartford,
CT, about the sentencing disparities between crack
and powder cocaine in federal law. Mark Kinzly of
the Yale School of Public Health presented on the pharmacology
and addictive qualities of crack and powder cocaine. The
Connecticut Alliance is working to reform Connecticut's
crack cocaine mandatory minimum. The state is one of 11
that has a separate, heightened penalty for the "crack"
form of cocaine.
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Eric E. Sterling was among the concluding speakers at
the 2004
Students for Sensible Drug Policy (SSDP) National Conference
on November 20, 2004. Other speakers were Rick Doblin,
Ph.D., President of the Multidisciplinary Association
for Psychedelic Studies; Cliff Thornton, Executive Director
of Efficacy, Inc.; and Steph Sherer, Exeutive Director,
Americans for Safe Access.
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On Monday, November 15, 2004, Eric E. Sterling moderated
a symposium at Georgetown University Law Center on the
case of Ashcroft v. Raich that was
later argued before the U.S. Supreme Court on Monday,
November 29, 2004. The case raises extremely important
questions about the future of the commerce clause power
of Congress, and the role of the Supreme Court in protecting
the sovereignty of the states in the federal system. Angel
Raich and Diane Monson, two seriously ill California women
(and the two anonymous caregivers who provide Raich with
her marijuana free of charge) have obtained a preliminary
injunction barring Attorney General Ashcroft and the DEA
from interfering with their possession and cultivation
of the marijuana. See Raich v. Ashcroft,
352 F.3d 1222 (9th Cir. 2003). The panelists were Peter
J. Cohen, J.D., M.D., from Georgetown Law Center; Mark
Moller, J.D., from the Cato Institute; Sally Satel, M.D.,
from the American Enterprise Institute; and R. Keith Stroup,
J.D., from NORML. The program was sponsored by the American
Constitution Society and Students for Sensible Drug Policy.
The many briefs filed by the parties and numerous
friends of the court are fascinating in revealing the
breadth and importance of this case to the entire system
of American law. Click
here to find the briefs and other documents filed
in this case.
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On Sunday, November 7 and Tuesday, November 9, Eric
E. Sterling debated Special Agent in Charge DEA Newark
field divsion Mike Pasterchick on Due Process, The
War on Drugs: A Losing Battle? on New Jersey Public
Television.
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On Tuesday, Nov. 2, 2004, Eric E. Sterling spoke at
a monthly meeting of the Interchurch Club of Washington
on "Some Religious Issues of the War on Drugs," at the
Ingleside at Rock Creek Presbyterian Retirement Community
in Washington, DC.
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On Friday October 15, 2004, Eric Sterling provided continuing
legal education to attorneys in the Maryland Office
of the Public Defender on the Maryland medical marijuana
law as part of a day-long program held at the Maryland
National Guard Armory, Hagerstown, MD.
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Also on Friday, October 15, 2004, Eric E. Sterling addressed
the Maryland Mensa Monthly Meeting. Mr. Sterling
spoke about his thesis that America's war on drugs
is the majority society's legal replacement for segregation.
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Occasionally a reporter has the opportunity to write
an in-depth analysis of an aspect of the drug problem.
Steve Suo of the Portland Oregonian has led a team that
has covered the globe in looking at the methamphetamine
abuse problem that has particularly plagued the
American West. Click:
"Unnecessary Epidemic" to read this report. Among
the findings is that regulatory controls can significantly
reduce the abuse of a drug. This assertion is in contrast
to the fruitless approach of simply arresting more suspects
or making sentences longer.
Not surprisingly, the report finds that the DEA repeatedly
failed to use the regulatory tools available to it,
and the culture of the agency was dismissive of the
problem and solutions. On November 3, DEA
Administrator Karen Tandy responded to the Portland
Oregonian series.
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Opposing
Viewpoints is a series of issue oriented books.
The latest volume, The
War on Drugs (Edited by Tamara Roleff, Greenhaven
Press, New York, 2004), included Eric E. Sterling's
article Connect
the Dots: You Don't Have to be an FBI Analyst to See
the Picture which shows how drug prohibition enriches
terrorists and criminals. Other drugs and terrorism
contributors are former DEA administrator, Asa Hutchinson,
Eugene Oscapella of the Canadian Foundation for Drug
Policy, and syndicated columnist Robert Novak.
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A major protest against the federal government's
struggle to prevent bona fide medical patients from
using marijuana recommended by their physician was
held in Washington, DC, on Tuesday, October 5, 2004
at the Hubert H. Humphrey Building headquarters of the
U.S. Department of Health and Human Services. HHS refuses
to acknowledge the extensive medical and scientific
literature documenting the medical value of marijuana,
or the thousands of physicians who have recommended
marijuana to treat tens of thousands of seriously ill
patients.
The protest and antecedent press conference were organized
by Americans
for Safe Access (ASA), the premier medical marijuana
advocacy group in the country. Read the Washington
Post article by Rick Weiss that details this innovative
approach to rescheduling marijuana.
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On July 18, The Washington Post printed Eric
E. Sterling's letter to the editor about vice-president
Cheney's cardiologist, Dr. Gary Malakoff, who has been
treated for drug addiction by neurologist Perry Richardson
for four years. Dr. Richardson prescribed to Dr. Malakoff
the drugs to which he was addicted. Under HR
4547, introduced by Rep. F. James Sensenbrenner
Jr. (R-WI), Dr. Richardson would get a mandatory minimum
sentence of five years in federal prison.
Some arguments in favor of the bill might be found
in the Washington
Post story on July 7, referred to in the letter.
Some arguments against the bill might be found on the
website of
Families Against Mandatory Minimum Sentences. If
you have an opinion about this legislation, you should
contact your representative
in Congress.
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On September 17, 2004, Eric E. Sterling spoke at the
Drug Policy & Patient Access to Effective Pain Treatments
Briefing in the Cannon House of Representatives office
building in Washington, DC.
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On Tuesday, September 6th, Eric E. Sterling drew comparison's
between the War on Terror and the War on Drugs on Dean
Becker's Cultural Baggage program on Pacifica radio
(KPFT, Houston, 90.1 FM). Click
here to listen.
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Eric E. Sterling comments on the first use of the federal
"Len Bias" law in Oregon, under which drug dealers who
sell drugs to someone who later dies from taking them
can be sentenced from 20 years to life in prison. Click
here to read the August 18, 2004 Oregonian (Portland,OR)
article by Noelle Crombie.
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The Washington Post published on July 18, 2004
Eric
E. Sterling's letter to the editor about vice-president
Cheney's cardiologist, Dr. Gary Malakoff, who has been
treated for drug addiction by neurologist Perry Richardson
for four years. Dr. Richardson prescribed to Dr. Malakoff
the drugs that he was addicted to. Under HR
4547, introduced by Rep. F. James Sensenbrenner
Jr. (R-WI), Dr. Richardson would get a mandatory minimum
sentence of five years in federal prison.
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On July 7, the U.S. House of Representatives voted on
the Hinchey-Rohrabacher amendment to protect patients
who use marijuana medically pursuant state law from
prosecution by the U.S. Department of Justice and the
Drug Enforcement Administration. Rep. Maurice Hinchey
(D-NY) was in the hospital because of an accident, and
the debate in favor was managed by Rep. Sam Farr (D-CA).
The amendment was to H.R. 4754, and was Roll Call number
334.
The amendment was defeated 148 aye and 269 no with
17 members not voting.
19 Republicans voted aye and 202 voted no (6 not voting).
128 Democrats voted aye and 66 voted no (11 not voting).
Click
here to see the Roll Call vote tally.
A report on the vote by Todd Zwillich was carried
by webmd.com and quoted
Eric Sterling.
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On June 17, Eric E. Sterling joined Barry Lynn on CultureShocks
radio to talk about the success of the movement to legalize
use of marijuana for medicinal purposes around the country
and the people trying to stop it. Listen
to it here.
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In an article accompanying a
longer piece by Sanho Tree in the May-June issue
of Sojourners magazine, Eric Sterling quickly reviewed
religious participation in drug and alcohol prohibition
and the recommendations of the Shafer comission. Click
here to read.
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Eric E. Sterling spells out the costs to American business
in his chapter entitled "A Businessperson's Guide to
the Drug problem," in the new book The New Prohibition:
Voices of Dissent Challenge the Drug War edited
by Sheriff Bill Masters. Masters, a veteran sheriff
of Telluride, Colorado, is featured in this Westword
article by Alan Prendergast. To order a copy of
the book click
here for the accurate press website.
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The staff and trustees of the Criminal Justice Policy
Foundation extend their deepest sympathies to the family
and friends of William Francis McNamara, Jr., our long-time
treasurer, who died on May 15, 2004, just after his
58th birthday on April 27. Bill McNamara (and his colleagues
at King, McNamara and Moriarty) was always completely
dependable in assuring that funds were available for
our operations. Bill's financial reports and tax returns
always accurately described our situation. Equally important,
Bill always supported and encouraged our mission and
our work.
His funeral mass was held on May 19, 2004 at St. Edward's
Church, Medfield, MA, and he was buried at nearby at
Vine Lake Cemetery.
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On May 14, 2004, Eric E. Sterling spoke at the Spring
seminar and Annual Meeting of the Maryland Criminal
Defense Attorneys' Association at the Renaissance Harborplace
Hotel, Baltimore, MD on the new Maryland Medical Marijuana
statute. Defense attorneys who wish to receive a copy
of his 25-page Maryland Medical Marijuana Criminal Defense
Manual, with suggestions for practice regarding evidence
and burden of proof, and extensive case citations and
scientific references, in order to support medical marijuana
defenses should email their request to info@cjpf.org
or call 301-589-6020
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On May 13, 2004, Eric E. Sterling spoke at a day-long
conference, "Assessing
the War on Drugs in Vermont," sponsored by the Vermont
Bar Association and the Vermont Medical Society at the
Capitol Plaza Hotel in Montpelier. Mr. Sterling organized
his remarks around this
presentation tool asking audience members to respond.
(Here
are the correct answers.) Mr. Sterling distributed
this
suggested bibliography to the audience. The conference
was reported in the Providence
Review-Journal. The Vermont Bar Association will
be continuing to work on drug policy issues. Any Vermont
resident who is interested in working on these issues
should contact Kevin Ryan at the Bar Association:kryan@vtbar.org
tel: 802-223-2020.
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National
Pain Patients march on Washington-On Monday,
April 19, 2004, pain patients and their doctors and
supporters marched on the U.S. Capitol calling for Congressional
hearings on DEA's "war" on doctors, pharmacists, and
chronic pain patients. For more information, contact
Rev. Ronald V. Myers, Sr., M.D., Founder & President
of the American Pain Institute, 662-247-1471 Fax 662-247-1384,
e-mail: MyersFound@aol.com
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Eric E. Sterling spoke at the Catholic University of
America, Columbus School of Law on Thursday, April 15,
2004 at 4:00 p.m. in the Slowinski Courtroom on a panel
debate on the war on drugs. Sponsored by the American
Constitution Society and the Federalist society chapters.
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The College of William and Mary hosted Eric E. Sterling
for two lectures on April 8 and 9, 2004. Mr. Sterling
was the Carey P. Modlin lecturer for the Thomas Jefferson
program in Public Policy, and a guest of the William
and Mary chapter of Students for Sensible Drug Policy.
He spoke about his adventures in public policy, and
the successes and failures of the drug war.
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Eric E. Sterling has written an important article about
drugs called Drug
Policy A Challenge of Values that has been issued
in a special edition of the Journal of Religion and
Spirituality in Social Work: Social Thought (Volume
23:1/2, Spring, 2004) entitled "Criminal Justice: Retribution
vs. Restoration." The journal is published by The
Haworth Press, 10 Alice Street, Binghamton, NY 13904.
Tel. 800-429-6784, Fax 800-895-0582.
This edition of the journal is now available as a
book, Criminal
Justice: Retribution vs. Restoration, edited by
E.H. Judah and M. Bryant.
The article quickly reviews the war on drugs and its
impact on the American criminal justice system. It argues
that the war on drugs (initiated in the late 1960s)
is the replacement for the system of legal segregation
that was outlawed in the 1960s and maintains white privilege
in our society. While Blacks constitute about 15%
of all drug users, they constitute about 38% of those
arrested for drug offenses and about 53% of those convicted
in state courts. Human Rights Watch reported that blacks
are imprisoned at a rate that is 8.3 times greater than
the rate of white imprisonment for drug offenses.
The war on drugs stigmatizes Blacks as drug users:
criminal and unreliable, and thus helps to maintain
white privilege. The disproportionate conviction of
Blacks for drug offenses systematically undermines the
employment possibilities of those who are convicted.
Thus economic and social opportunity throughout the
Black community are undermined.. Those with drug convictions
find it much harder to get jobs. If employed, they don't
get credit. Thus ex-offenders are cut off from the Internet,
and from telephone or mail order. It it is harder to
get a mortgage to buy a house and furnish it.
We see the war on drugs fail to prevent crime, protect
public health, or combat drug traffickers effectively.
What does it accomplish? It helps maintain white privilege:
legally, economically, socially, politically.
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Eric E. Sterling spoke on drug policy in Latin America
on Saturday, March 6, 2004 as part of the Ecumenical
Advocacy Days for Global Peace with Justice March 5-8,
2004 - Washington, DC held at the Doubletree Hotel.
Click
here for more information.
***
On February 29, 2004, Eric E. Sterling delivered the
sermons at the 9:00 AM and 11:00 AM services at the
Towson, MD Unitarian Universalist Church, Lutherville,
MD. He spoke about Justice.
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Eric E. Sterling held a symposium with the senior fellows
of the Atlantic Council on the connections beytween
Drugs and Terrorism on Friday, February 20th.
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CJPF
President Eric E. Sterling participated in
a discussion of Federal Criminal Prosecution Post 9/11
on Wednesday, February 11, 2004, at Georgetown University
Law School.
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On January 30th, CJPF
President Eric E. Sterling addressed attorneys
in the Maryland Public Defenders Office in Baltimore
on the application of the medical marijuana law that
took effect on October 1, 2003.
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CJPF
President Eric E. Sterling spoke on a radio
broadcast on "Racial Bias in the Drug War" with Roger
Goodman of the King County Bar Association, Sanho Tree,
a Fellow and Director of the Drug Policy Project at
the Institute for Policy Studies, and Deborah Small
of the Drug Policy Alliance on Tuesday, on 01/13/04.
"Racial Bias in the Drug War" aired on KPFT, 90.1 FM
in Houston, Tx. and can be heard online here.
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Columnist Debra Saunders quotes CJPF
President Eric E. Sterling in her January
6th San
Francisco Chronicle article on mandatory minimums.
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NBC TV's award winning program The
West Wing on Jan. 14 featured an episode
in which President Bartlett considers commuting the
sentences of low level drug offenders. One of the characters
introduced in the drama is a man who is the President
of Families
Against Mandatory Minimums (FAMM). In real life
the president of FAMM is Julie Stewart. FAMM was founded
in the offices of The Criminal Justice Policy Foundation
in 1991, and Eric E. Sterling serves on the Board of
Directors of FAMM as Secretary.
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CJPF
President Eric E. Sterling appeared on CBS
News' 60 Minutes on Sunday, Jan. 4, 2004 at 7 pm
Eastern in a piece entitled "More than They Deserve"
by Ed
Bradley on the injustice and ineffectiveness
of mandatory minimum sentences for low level drug offenses.
Read the transcript here. |
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