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  • by Allen St. Pierre, NORML Executive Director July 31, 2013

    arrestedIn what can only be described as a horrible tragedy for college student Daniel Chong–as well as for the American taxpayer–the Department of Justice’s Drug Enforcement Administration has agreed to pay $4.1 million dollars to Mr. Chong for falsely imprisoning him after an April 20, 2012 party, and worse, literally forgetting about him in a holding cell for five days where Mr. Chong drank his own urine to survive, and cut himself to leave a dying message to his mother.

    To date no DEA field agents or local managers have been held responsible for this gross error (ironically, only the taxpayer is left being the responsible party in this legal nightmare).

    This kind of abuseful and money-wasting government nitwittery is another prime example of why cannabis prohibition must end in America post haste.

    San Diego Union Tribune article about the settlement, and previous news coverage, is below:

    DEA settles left-in-cell case for $4M

    By Jeff McDonald1:08 a.m.July 30, 2013

    Daniel Chong, the self-confessed pot smoker who was caught up in a drug sweep last year and nearly died after federal agents inadvertently abandoned him in a holding cell for five days without food or water, is now a millionaire.

    Attorney Eugene Iredale announced Tuesday he reached a $4.1 million settlement with the U.S. Department of Justice, without even filing a lawsuit.

    The harrowing experience for Chong, 25, an engineering student, began on a Friday night in 2012, when he admittedly went to some friends’ house in University City to celebrate April 20, a special date for marijuana users.

    Chong didn’t know it at the time, but the home had been under surveillance by a federal narcotics task force.

    Drug agents executed a search warrant early in the morning of April 21, Among other things, they found 18,000 ecstasy pills, marijuana and several weapons in the residence, according to court papers.

    The agents also found Chong sleeping on a couch in the front room and transported him and six others to the San Diego field office of the U.S. Drug Enforcement Administration for follow-up interviews.

    Chong said he answered all of the agents’ questions and they agreed to send him home without criminal charges.

    But instead he was returned to a temporary holding cell, where he spent the next four days without food or water. He has said he became delirious, drank his own urine, ate the broken shards of his glasses and used the glass to cut the message “sorry mom” in his own forearm.

    He said he kicked the door and screamed for help but agents never came to his assistance. DEA agents admitted later they “accidentally” left Chong in the cell and took the unusual step of apologizing publicly to the UCSD student.

    DEA officials declined to comment about the case Monday.

    Findings of an investigation by the Office of the Inspector General’s Office of the U.S. Department of Justice have not been released.

  • by Paul Armentano, NORML Deputy Director October 25, 2012

    On Wednesday, October 24, a group of California dispensary operators, medical cannabis providers, and patients, as Plaintiffs, filed their Opening Brief before the Ninth Circuit Court of Appeals in San Francisco, asking the Circuit Court to hold that Plaintiffs, in their continuing litigation against the Federal Government, have a constitutional Ninth Amendment and Substantive Due Process fundamental right to distribute, possess and use medical cannabis. The brief, filed by members of the NORML Legal Committee, also contends that the Federal Government’s criminal prohibition of medical cannabis has no rational basis and thus violates the Equal Protection Clause of the Constitution. Plaintiffs further contend that the Federal Government is Judicially Estopped from enforcing medical marijuana prohibition in states that allow such activity because the Administration has previously asserted in public and in court that they would no longer do so.

    Plaintiffs in November 2011 initially filed suit in California’s four federal districts against Eric Holder (United States Attorney General), Michelle Leonhart (Administrator of the Drug Enforcement Administration and the individual US Attorneys of each California District: Sacramento, San Francisco, Los Angeles, and San Diego — following increased efforts from the Obama administration and the state’s US Attorneys to crack down on the production and distribution of medical cannabis. Plaintiff’s are asking the Ninth Circuit to reverse the district court’s dismissal of that complaint, and to allow the plaintiff’s the opportunity to prove their contentions in a court of law.

    Three members of the NORML Legal Committee — Matt Kumin and David Michael from San Francisco and Alan Silber from Roseland, NJ — are representing the Plaintiffs in this appeal. In a press release, they stated, “The ill, in compliance with state law and with a physician’s recommendation, are made to suffer needlessly by the federal threats and denial of access to medical cannabis due to irrational governmental policy. Judicial intervention is the only way to stop the federal government from acting irrationally and from willfully ignoring the science supporting the use of cannabis as medicine.”

    The cases are El Camino Wellness Center, et al. v. Eric Holder et al. (Sacramento), Marin Alliance for Medical Marijuana, et al. v. Eric Holder, et al. (San Francisco), and Alternative Community Health Care Cooperative, et al. v. Eric Holder, et al. (San Diego).

    Other NLC attorneys who participated in the litigation of these cases are Lance Rogers of San Diego, Mark Reichel of Sacramento and Edward Burch of San Francisco.

    A copy of Plaintiff’s Opening Brief is available here.

  • by Erik Altieri, NORML Communications Director April 13, 2012

    This Week in Weed

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    The latest installment of “This Week in Weed” is now streaming on NORMLtv.

    In this episode: NORML attorneys file a lawsuit in NJ, DC announces 6 marijuana cultivation centers, a new poll shows growing support for legalization, and more.

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  • by Paul Armentano, NORML Deputy Director April 5, 2012

    Members of the NORML Legal Committee filed suit yesterday against the State of New Jersey over regulators failure to implement the Compassionate Use of Medical Marijuana Act.

    First signed into law by former Gov. Jon Corzine on January 18, 2010, the law — which establishes the creation of up to six state-licensed ‘alternative treatment centers’ to provide medicinal cannabis to qualified patients — was initially scheduled to take effect in July 2010. Since that time state regulators, at the behest of present Gov. Chris Christie, have unduly delayed the law’s implementation. To date, not a single patient in New Jersey has been afforded legal protections under the Act in the 27 months since the measure was signed into law.

    On Wednesday, April 4, NORML Legal Committee attorneys William H. Buckman of Moorestown and Anne M. Davis of Brick filed a lawsuit on behalf of a New Jersey medical patient who would qualify for cannabis access. The suit also represents one of the few medical doctors who have registered with NJ to recommend medical marijuana. Named in the suit are the Department of Health and Senior Services (DHSS) Commissioner Mary O’Dowd and the newly appointed director of the Medicinal Marijuana Program John O’Brien.

    Read the press release below:

    CONSTITUTIONAL LAWSUIT FILED OVER FAILED NJ MEDICAL MARIJUANA PROGRAM

    Trenton: Today a lawsuit was filed against the State of New Jersey over the failure to implement the Compassionate Use Medical Marijuana Act. Named in the suit are the Department of Health and Senior Services (DHSS) Commissioner Mary O’Dowd and the newly appointed director of the Medicinal Marijuana Program John O’Brien.

    Civil rights attorneys William H. Buckman of Moorestown and Anne M. Davis of Brick brought the suit on behalf of a New Jersey medical patient who would qualify for cannabis access. The suit also represents one of the few medical doctors who have registered with NJ to recommend medical marijuana.

    The compassionate use law was passed in January 2010 with a six-month implementation timeline. But since 2010 a series of politically motivated regulatory, legislative and bureaucratic delays have kept the program from operating at all. None of the six approved Alternative Treatment Centers have been fully permitted by DHSS to open.

    “We represent a patient who suffered actual damages as a result of these delays,” said Anne Davis, “He cannot utilize the cannabis because New Jersey’s lack of a working program means he could lose his disability pension if he tested positive for cannabis.”

    Davis continued, “Our neighbors with AIDS, cancer, MS and the worst of medical conditions have testified before the legislature and changed the law. Now, patients and doctors have to go to court to win the rights that they should have already been afforded.”

    The lawsuit gathers more than two years of facts demonstrating that those in charge of the implementation process for New Jersey’s medical marijuana program have been unable or unwilling to put the law into place.

    “Today we are filing suit to require the DHHS to do what every other citizen must do — follow the law,” said William Buckman, “We are also insisting that pursuant to the legislature’s will, sick people have access to medical marijuana without fear of arrest.”

  • by Erik Altieri, NORML Communications Director March 9, 2012

    This Week in Weed

    Click here to subscribe to NORMLtv and receive alerts whenever new content is added.

    The latest installment of “This Week in Weed” is now streaming on NORMLtv.

    This week in weed: a recent study further illustrates marijuana’s effectiveness in treating chronic pain and a federal judge dismisses the NORML Legal Committee lawsuit against the federal government.
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    Be sure to tune in to NORMLtv every week to catch up on the latest marijuana news. Subscribe to NORMLtv or follow us on Twitter to be notified as soon as new content is added.

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