New legislation has been introduced to Congress to equalize the sentencing for crack and cocaine drug offenses.  Currently, there is a 100-1 sentencing disparitybetween convictions for offenses involing “crack” or “powder cocaine.”   The legisitation, called the Fair Sentencing Act of 2009, would equalize the sentencing guidelines for these two drug offenses. 

It started with the Anti-Drug Abuse Act of 1986, which at the time was designed to aggressively target the increase in crack cocaine crime.  Under the law, those convicted of crimes involving “crack” cocaine were punished on a 100-to-1 ratio compared to those whose crimes involve cocaine in powder form.  Thus, a person who dealt five grams of crack cocaine (the weight of two pennies) could face 5 years in prison…. but person had to deal 500 grams of powder cocaine for a similar sentence.   Worse, as the years went on, some reports indicated that first-time offenders caught selling five grams of powder cocaine typically only received 6 months in prison, and would often be eligible for probation, while first-time offender selling the same amount of crack faced the mandatory five year prison sentence.  Another disparity was that the majority of dealers convicted for crack cocaine offenses were Black, while most convicted for powder cocaine offenses were White.  

Given the unfairness of the drug policies, several organizations advocated for a change in the “100:1″ crack-cocaine sentencing laws and it was one ofPresident Obama’s campaign pledges to equalize the punishment for the offenses.  Under the new laws, a person would have to be caught with 500 grams of crack cocaine to go to prison – same as for powder cocaine.  

There are many policy reasons behind the push for the new law – primarily to address the racial disparities mentioned, but also to refocus law enforcement efforts on drug king-pins rather than street-level dealers.

Is medical marijuana legal now?  Well, not exactly.  While the legality of marijuana use is still a bit tricky – illegal under federal law, but legal in certain states – the Obama administration has decided NOT to arrest people who use or supply medical marijuana in conformity with their state’s laws.   

Remember the song… “I’m just a bill… on Capital Hill…”? In some ways, recalling our first lesson about “separation of powers” is helpful to this conversation.  In the U.S., what we think of as “the law” is really a collaboration of sorts – the Legislative Branch (Congress / state legislatures) makes the laws, the Judicial Branch (the courts) interprets the laws, and the Executive Branch (the President, police, etc.) enforce the laws.  When it comes to the topic of medical marijuana, each branch of the government has weighed in: 

Legislative:  Under federal law, any marijuana use is illegal.  Under certain state laws, however,  the use of marijuana is “legal” for certain medical purposes (see state medical marijuana laws in:  Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington).

Judicial:  The U.S. Supreme Court ruled in Gonzales v. Raich that the federal government could enforce federal laws against marijuana use under the federal Controlled Substances, despite state medical marijuana laws legalizing such uses.

Executive/Law Enforcement:  Depends on the President. During the Bush administration, hundreds of raids on medical marijuana use/supply were conducted and thousands were arrested.  The Obama administration is doing the opposite… 

The penalties for marijuana offenses, like for other substances, depend on the quantity at issues, as shown in the following chart from the U.S. Department of Justice website (see:    http://www.usdoj.gov/dea/agency/penalties.htm): 

  Federal Trafficking Penalties – Marijuana

In 2008, there were about 1.8 million arrests for drug offenses – and about half of them were for marijuana related offenses (approximately 5.5% of the total arrests were for marijuana sales/trafficking; approximately 44.3% of the total arrests were for marijuana possession).  (See:  DOJ/FBI Arrest Tables – 2008 Crime in the United States.)  Of course, not all of those marijuana arrests were arrests related to the use/supply of medical marijuana, though certainly some of them were. 

While law enforcement will continue to investigate, arrest and prosecute people involved in marijuana trafficking, sales to minors, violent and weapons-related marijuana activities, etc., the Obama administration won’t arrest those involved with legitimate medical marijuana activities.   Aside from the policy discussion, this shift in law enforcement could mean that more attorneys will be needed to advise clients about licensing and compliance with medical marijuana laws.  For more information – and links to state laws legalizing medical marijuana (or permitting some uses), click here.

Sports attorney David Cornwell is challenging the NFL’s right to discipline players by proposing to appoint an independent arbitrator to review — and have the power to change — rulings made by the commissioner.

Cornwell, one of four finalists in the running to replace the late Gene Upshaw as the NFL Players Association’s executive director, described the league’s current disciplinary policy as being “draconian” and requiring independent oversight.

“The notion that public relations drives or justifies draconian and unfair disciplinary actions is simply misplaced and we will no longer accept it,” Cornwell told The Associated Press. “We have the legal right to negotiate these policies … and we are going to exercise that right to get independent review of the commissioner’s decisions.”

Cornwell is closely tied to the issue of discipline after he successfully argued last season to have a federal judge block the NFL suspension of five players for violating the league’s anti-doping policy. He argued that the suspensions were wrong because the NFL knew about the banned ingredient contained in the dietary supplement StarCaps but failed to share that information with players.

The league has appealed the ruling.

Currently, NFL suspensions are determined by commissioner Roger Goodell. Aside from filing grievances with the NFL, the union’s sole other option is going to court. Cornwell is proposing an appeals process that is similar to that of Major League Baseball and the NBA.

In an e-mail to the AP, NFL spokesman Greg Aiello said the league is not going to comment on proposals made by executive director candidates. Aiello, however, noted that, “The commissioner’s disciplinary authority has always been a bedrock principle of the NFL that has served everyone, including players, very well.”

Entering his third year as commissioner, Goodell has made discipline one of his top priorities.

The other three finalists to replace Upshaw, who died in August, are former union presidents Troy Vincent and Trace Armstrong, and Washington D.C.-based attorney DeMaurice Smith.

The union is scheduled to select its next boss by vote at its annual meetings at Maui on March 15.

If elected, Cornwell said he would include the issue of discipline as part of the next labor talks after the NFL last year opted out of the collective bargaining agreement.

“If the commissioner regulates player conduct, then it is a term and condition of employment,” Cornwell said. “After the StarCaps’ case and other less publicized decisions, we will fix the problem caused by no independent review of commissioner disciplinary decisions.”

Cornwell made clear that the NFL’s reputation would not suffer under his proposal.

“We will make a focused commitment on making sure that the fan understands that the vast majority of NFL players are great community citizens,” he said. “The notion that a person who has a bad event is a reflection on all of us is misplaced.”

Cornwell also proposed creating a new senior union executive position to directly address concerns of retired players in an attempt to stem a series of lawsuits and complaints against the NFLPA, and begin bridging a rift that has grown between the two sides.

The person taking over the new position of special adviser for retired players would report directly to the executive director, Cornwell said.

Cornwell re-entered the executive director election process after gaining the written support of three of 32 player representatives, as allowed under union rules to place a candidate on the ballot. He had been previously eliminated as a finalist by the union’s search committee in January.

Michael Phelps embarrassed himself again after a triumphant Olympics, this time getting his picture snapped as he inhaled from a marijuana pipe. The photo wound up in a British tabloid Sunday, forcing Phelps to publicly apologize and his handlers to deal with sponsors who are surely none too pleased about the swimmer’s choices away from the pool.

“I engaged in behavior which was regrettable and demonstrated bad judgment,” Phelps said in the statement released by one of his agents. “I’m 23 years old and despite the successes I’ve had in the pool, I acted in a youthful and inappropriate way, not in a manner people have come to expect from me. For this, I am sorry. I promise my fans and the public it will not happen again.”

It all sounded so familiar, with good reason. After the 2004 Athens Games, an underage Phelps was arrested for drunken driving, pleaded guilty and apologized to his fans, saying he wouldn’t make the same mistake again.

This was different, to be sure, but it could have the same damaging impact on Phelps’ image and reputation, which were riding high after he won a record eight gold medals at the Beijing Games.

“Michael is a role model, and he is well aware of the responsibilities and accountability that come with setting a positive example for others, particularly young people,” the U.S. Olympic Committee said in a statement. “In this instance, regrettably, he failed to fulfill those responsibilities.”

News of the World said the picture was taken during a November house party while Phelps was visiting the University of South Carolina. During that trip, he attended one of the school’s football games and received a big ovation when introduced to the crowd.

While the newspaper did not specifically allege that Phelps was smoking pot, it did say the water pipe is generally used for that purpose and anonymously quoted a partygoer who said the Olympic champion was “out of control from the moment he got there.” Phelps and his advisers did not dispute the authenticity of the picture.

The party occurred nearly three months after the Olympics while Phelps was taking a long break from training, and his actions should have no impact on the eight golds he won at Beijing. He has never tested positive for banned substances, and this case doesn’t fall under any doping rules.

Phelps’ main sanctions most likely will be financial — perhaps doled out by embarrassed sponsors who could reconsider their dealings with a swimmer who hopes to earn $100 million in endorsements.

Phelps was in Tampa, Fla., during Super Bowl week to make promotional appearances on behalf of a sponsor. But he left the city before Sunday’s game between the Pittsburgh Steelers and Arizona Cardinals, abandoning his original plan to be at Raymond James Stadium.

USA Swimming said its Olympic champions are “looked up to by people of all ages, especially young athletes who have their own aspirations and dreams.”

“That said,” the governing body added in a statement, “we realize that none among us is perfect. We hope that Michael can learn from this incident and move forward in a positive way.”

Phelps was part of a group of elite athletes who agreed to take part in a pilot testing program designed to increase the accuracy of doping tests. His spot in the program could be at risk, said Travis Tygart, head of the U.S. Anti-Doping Agency.

“For one of the Olympics’ biggest heroes it’s disappointing, and we’ll evaluate whether he remains in that program,” Tygart said. “But some good education comes from this because he’s going to suffer some penalties.”

Marijuana is viewed differently from performance-enhancing drugs, according to David Howman, executive director of the World Anti-Doping Agency. An athlete is subject to WADA sanctions only for a positive test that occurs during competition periods.

“We don’t have any jurisdiction,” Howman said. “It’s not banned out of competition. It’s only if you test positive in competition.”

Phelps returned to the pool a couple of weeks ago to begin preparations for this summer’s world championships in Rome. He plans to take part in his first post-Olympics meet in early March, a Grand Prix event in Austin, Texas.

His longtime coach, Bob Bowman, did not respond to phone and e-mail messages. Instead, he issued a terse statement through Phelps’ agent.

“He regrets his behavior, and I’m sure he’ll learn from this experience,” the coach said. “I’m glad to have him back in training.”

In his book “No Limits: The Will to Succeed,” Phelps recounted the embarrassment of his DUI arrest in 2004, a couple of months after winning six gold and two bronze medals in Athens. His mother, Debbie Phelps, cried when she heard the news.

“That hurt worse, maybe, than anything,” Phelps wrote. “I had never seen my mother that upset.”

Olympic teammate Dara Torres said Phelps has become such a prominent figure that everything he does is news.

However, she said: “This in no way, shape or form diminishes anything he’s done.”

“It’s sort of a double-edged sword,” Torres told the AP on Sunday. “When you’re recognizable, you’re looked up to as a role model. He is recognizable and everything you do gets looked at and picked apart. I guess that’s the price of winning 14 Olympic (gold) medals.”

Jason Lezak, whose remarkable anchor leg of the 400-meter freestyle relay helped Phelps stay on course to break Spitz’s record, said he was “saddened” to hear of the report.

“While I don’t condone his conduct, I am a teammate and fan,” Lezak said in a text message to the AP. “Unlike many fair-weather people, I am sticking by him. If my wife and I can help him in any way, we will. I believe he will grow from this and be a better person, role model and teammate.”

During the 1998 Nagano Olympics, Canadian snowboarder Ross Rebagliati was stripped of his gold medal in the giant slalom after testing positive for marijuana. The victory was reinstated because the sport’s governing body did not have a rule banning the substance.

Later that year, Olympic swimmer Gary Hall Jr. drew a three-month suspension after testing positive for pot.

“It’s one of those substances that every year there’s debate over it,” said Howman, the WADA official.

___

AP Sports Writers Beth Harris in Los Angeles, Eddie Pells in Denver, and Chris Lehourites and Steve Wilson in London contributed to this report.

Although FBI data suggests that fatal shootings have leveled off nationwide, the number of young black men and teenagers who either killed or were killed in gun fire has risen at an alarming rate, according to a new study by criminologists at Northeastern University in Boston.

The study finds that last year 426 black males between the ages of 14 and 17 were killed in gun crimes; marking a 40% increase from 2000. In addition, an estimated 964 in the same age group committed fatal shootings in 2007, a 38% increase from seven years earlier.

“Although the overall rate of homicide in the United States remains relatively low, the landscape is quite different for countless Americans living, and some dying, in violence-infested neighborhoods,” said Northeastern criminologist James Alan Fox, who co-authored the study. “There is an urgency for reinvestment in children and families. In essence, we need a bailout for kids at risk.”

The Northeastern study shows the number of young white men who committed gun-related murders has also risen, but not as steep. An estimated 384 white males aged 14 to 17 shot someone to death in 2007, up from 368 in 2000.

The Northeastern study shows that the surge in crimes by young black men and teens may be a result of grant cuts to local police and juvenile crime prevention programs.

If you or a loved one has been charged with a gun-related crime, especially a fatal gun-related crime, you will need to contact a criminal law attorney immediately to protect and defend your legal rights. Visit LawInfo’s attorney directory to find experienced, qualified legal representation in your area today.

According to a recent press release issued by the U.S. Drug Enforcement Agency, the prices of cocaine and methamphetamine in the United States have risen significantly over the past 21 months, while purity of the drugs has decreased.

From January 2007 to September 2008, the price per pure gram of cocaine increased 89 percent, from $96.61 to $182.73, while purity decreased 32.1 percent, from 67 to 46 percent. During the same timeframe, the price per pure gram of methamphetamine increased over 23 percent, from $148.91 to $184.09, while the purity decreased 8.3 percent, from 57 percent to 52 percent.

The DEA is committed to relentless pursuit of illegal drug traffickers.  The press release also highlights the DEA’s recent success in massive arrests of those involved in the illegal drug trade:

[I]n September 2008, DEA led Project Reckoning that resulted in the arrests of over 600 individuals and seizure of over $70 million dollars from the notorious Gulf Cartel. The Gulf Cartel is alleged to be responsible for much of the violence that is currently occurring in Mexico.

DEA has worked with Colombia to dismantle the major Colombian Cartels, to include the Norte Valle Cartel; with the arrests of Diego Montoya Sanchez and Juan Ramirez Abadia. Abadia was indicted in the United States in 2004, after being arrested in Brazil in August 2007, and extradited to the United States in August 2008. Sanchez was arrested in Colombia in September 2007 and is currently awaiting extradition to the United States.

Colombian officials also arrested Otto Herrera-Garcia, a longtime Guatemalan drug trafficker and one of the most important targets in Central America. Herrera-Garcia is awaiting extradition to the United States after being arrested in Colombia in June 2007.

A top AUC leader, Diego Fernando Murillo-Bejarano (a.k.a. Don Berna), was indicted in the U.S. in 2004, and surrendered to Colombian authorities in May 2005. He was extradited to the United States in May 2008 and pleaded guilty to drug trafficking in June. His sentencing is December 18, 2008.

FARC Commander Juan Jose Martinez Vega was arrested by Venezuelan police in May 2005 and immediately extradited to Colombia. In March 2006, he was indicted in the United States, and extradited here in April 2008, where he currently awaits trial.

Those charged with drug crimes should contact a criminal defense attorney for more information about their legal options.

I recently saw a documentary about the medical marijuana debate.  It ended up to be interesting timing because the U.S. Supreme Court recently refused to review a California court decision finding the state medical marijuana law was not preempted by federal law.  In the California case, police were ordered to return marijuana seized from a qualified medical marijuana user once the drug charge against him was dismissed. The police had apparently pulled over the defendant for a traffic violation and confiscated his medical marijuna.  Later, the police refused to return the marijuana to him on the basis that marijuana possession is illegal under federal drug laws.  The California Fourth District Court of Appeal found that “it is not the job of local police to enforce federal drug laws” and ordered the marijuana returned to him.

In the past ten or so years, various states have enacted laws protecting the cultivation, posession, and/or use of medical marijuana for qualified patients.  Patients qualified by the doctors are free from criminal prosecution under these laws.  However, federal law remains agaist the legalization of marijuana for medical purposes.

Read some of the research yourself and let me know your thoughts on the issue:

U.S. Department of Justice, Drug Enforcement Administration:

Speaking Out Against Drug Legalization

Exposing the Myth of Smoked Medical Marijuana – Marijuana: The Facts

Selected State Program Information:

Alaska

California

Colorado

Hawaii

Maine

Michigan

Montana

Nevada

New Mexico

Oregon

Rhode Island

Vermont

Washington

If you’ve been injured, arrested, or sued, you’re probably wondering how much it would cost to hire a lawyer. Or you might not even TRY to hire a lawyer because you just assume that it’s too expensive, or that you could probably get by on your own.  This is, unfortunately, all too common.  In fact, a lot of people who DO hire lawyers have learned their lesson by getting burned the first time. 

The good news is  this – many attorneys offer free consultations.  So, there is no reason, other than a bit of your time, to meet with a lawyer and let them tell you how they could help you.  Also, most personal injury attorneys work on what’s called a ‘contingency fee basis.”  This means you don’t have to have a lot of money to hire a lawyer.  The lawyer will not charge you legal fees upfront, but will take his or her fees out of whatever settlement or award you receive.  Usually, the attorney takes a percentage of the recovery.  And.. if you loose the case, then the attorney doesn’t get a fee either.  Although, keep in mind the costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out. 

Or, another way to think about it is this… what would it cost you NOT to hire a lawyer?  What consequences could you suffer by not having proper legal advice or representation?  While in minor cases, you might be able to successfully resolve the matter yourself, for cases in which anything valuable is at stake (your freedom, your health, your money, your pain and suffering), the consequences of not hiring a lawyer could be devastating. 

Take the example of a debt collections case.  Many people don’t hire a lawyer because they figure they’re already in debt, how much worse could a lawsuit really make it?  Trust me, it can be worse.  Having a judgment for a debt owned and unpaid is another negative on your credit report.  Also, that creditor may have been willing to negotiate if you got a lawyer involved, because a lawyer knows better how to deal with creditors and what risks they take in pursuing a collection against you. 

Another example – getting arrested.  Too often, those charged with crimes try to go it alone, thinking they’ll figure it out as they go along.  Wrong!  Getting a lawyer involved as early in the process is crucial to protecting your rights. Law enforcement, including the prosecuting attorney, are highly skilled at getting criminal defendants to talk.  Most times, you unwittingly say something that ruins your chances of getting a plea deal.  If you have an attorney speak for you, that won’t happen.  Also, an attorney may even be able to get the case dropped or the charges reduced early on… making everything else easier for you. 

Finally, if you’ve been in an accident, most times it is not in your best interest to talk to that nice insurance adjuster.  Their job is to make you think the settlement they offer you is a “good deal”… but the insurance adjuster, no matter how nice they seem, is looking out for the insurance company’s best interest – not yours.  Only an attorney would know what a “good deal” is under the law given your situation. 
 So, please, if you’ve suffered an injury, are facing criminal charges, are involved in a lawsuit, or have any other legal matter pending, don’t possibly jeopardize your rights.   Contact an attorney and ask about an initial consultation.  Only make the decision NOT to hire a lawyer after you know what a lawyer can do for you. 

Good luck!

In general, rape prosecutions have progressed for the better in the last 30 years. Largely due to decades of advocacy, better investigation techniques and tighter laws, more rape victims are putting their violent assailants behind bars. But in cases of non-stranger or date rape, which represents 75% of all rape cases in the United States, obtaining a guilty verdict is not so easy. “Cases where a victim knows her assailant are still extraordinarily hard to win,” says Jennifer Long, director of the National Center for the Prosecution of Violence Against Women in Alexandria, Virginia. “Juries are extremely resistant.”

A four-year study across eight states by the research and training group End Violence Against Women International found that of the rape cases prosecuted, stranger-rape cases had the best guilty-verdict odds, with 68% ending with a conviction or guilty plea. But when a woman knew her assailant (less than 24 hours), the study found only 43% of cases ended in a conviction. When they knew each other longer than 24 hours, the conviction rate fell to 35%. Even fewer, 29% of intimate partners and ex-lovers were punished. “To a juror, a rapist is a guy who jumps out of the bushes and throws a woman to the ground,” Long explains. “Anything that falls short of that story is questionable.”

According to government estimates, a mere 19% of rapes, including stranger rapes, are ever reported in the first place. As Long notes, women who have been raped find so many reasons not to call police, including denial, shame or their hazy memory due to taking drugs or alcohol.

Rape is a criminal act and should never be taken lightly. If you feel you have been the victim of rape or any other sexual assault, whether you know your assailant or not, contact the police immediately. To learn more about your litigation options, contact an experienced criminal attorney in your area today.

The FDA is notifying health care professionals and patients that Covidien (Tyco Healthcare Group LP) is recalling one lot of ReliOn single-use, disposable, hypodermic syringes (with permanently affixed hypodermic needles) due to possible mislabeling. The use of these syringes may lead patients to receive an overdose of as much as 2.5 times the intended dose, which may cause serious health consequences, such as hypoglycemia and even death.

The recall applies to product Lot Number 813900: ReliOn 1cc, 31-gauge, 100 units for use with U-100 insulin. Only ReliOn syringes from this lot number and labeled as 100 units for use with U-100 insulin are the subject of the recall.

These Covidien syringes are sold only by Wal-Mart at Wal-Mart stores and Sam’s Clubs under the ReliOn name. Wal-Mart requests that all users of ReliOn syringes return those labeled as 100 units for use with U-100 insulin from Lot Number 813900 to their local Wal-Mart store or Sam’s Club pharmacy. Customers will be provided with a replacement product. Wal-Mart sold the syringes at Wal-Mart stores and Sam’s Clubs from Aug. 1, 2008, until Oct. 8, 2008.

Consumers and health care professionals who suspect they have the recalled product may also contact Covidien at 866-780-5436 or www.relion.com/recall for more information. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability. Damages can be recovered under one of the following categories: strict products liability; negligence or breach of warranty. To learn more, contact a qualified personal injury attorney in your area today.