Archive for the ‘Activism’ category

States Ask Supreme Court To Find Colorado’s Marijuana Regulations Unconstitutional

December 18th, 2014

The states of Nebraska and Oklahoma have asked the United States Supreme Court to issue a declaratory judgment finding that Colorado’s laws regulating the state-licensed production and sale of marijuana to adults violates the US Constitution.

The suit, filed today by Nebraska Attorney General Jon Bruning and Oklahoma Attorney General E. Scott Pruitt, alleges that marijuana is being diverted into their states from Colorado, causing plaintiffs to suffer “irreparable injury.”

The Attorney Generals contend in their suit: “Plaintiff States are suffering a direct and significant detrimental impact – namely the diversion of limited manpower and resources to arrest and process suspected and convicted felons involved in the increased illegal marijuana trafficking or transportation.”

They are asking the Supreme Court to strike down Colorado’s law on the basis that it is “fundamentally at odds” with the federal Controlled Substances Act. They allege, “The diversion of marijuana from Colorado contradicts the clear Congressional intent, frustrates the federal interest in eliminating commercial transactions in the interstate controlled-substances market, and is particularly burdensome for neighboring states like Plaintiff States where law enforcement agencies and the citizens have endured the substantial expansion of Colorado marijuana.”

They seek “a declaratory judgment stating that Sections 16(4) and (5) of Article XVIII of the Colorado Constitution are preempted by federal law, and therefore unconstitutional and unenforceable under the Supremacy Clause, Article VI of the U.S. Constitution.” The US Attorneys are also asking the State of Colorado “to pay the Plaintiff States’ costs and expenses associated with this legal action, including attorneys’ fees.”

The suit does not ask for the Supreme Court to enjoin any other states’ laws regulating the production or dispensing of cannabis for either social or therapeutic purposes, though it is possible that the Court’s actions may have implications for those laws going forward. To date, four states have approved measures allowing for the regulated production and sale of cannabis to adults. Twenty-three states have approved measures allowing for the use of the plant for therapeutic purposes.

Colorado Attorney General John Suthers responded to the suit, stating: “[I]t appears the plaintiffs’ primary grievance stems from non-enforcement of federal laws regarding marijuana, as opposed to choices made by the voters of Colorado. We believe this suit is without merit and we will vigorously defend against it in the U.S. Supreme Court.”

Commenting on the suit, NORML Legal Counsel Keith Stroup said, “This suit is more political theater than a serious legal challenge. These two conservative state attorneys general know they are losing this fight in the court of public opinion, so they are hoping the Supreme Court will intercede.”

Stroup further noted that in recent days a majority of Congress approved language limiting the ability of the federal government to interfere in the implementation of state-sponsored marijuana regulatory schemes. He added: “The majority of Americans, including 55 percent of Colorado voters who endorsed this policy in 2012, support regulating cannabis in a manner similar to alcohol. The Attorney Generals pushing this lawsuit are not only out-of-step with existing public opinion and emerging political opinion, but they are also clearly on the wrong side of history.”

Legalization Needs the “Marijuana Middle” to Win

December 15th, 2014

Legalize marijuanaThe results of a new poll recently released by Third Way, a Washington, D.C. think tank, confirms the country remains largely divided over marijuana policy, a fact also made clear from a number of previous polls, including Gallup, Pew and others. This is, of course, a positive situation for those of us who favor legalization. Only 12 percent of the public supported legalization in 1970, when NORML began challenging prohibition, and it has been a long, slow slog to win their support.

And we can reasonably anticipate even higher levels of support in the near future, as the public become comfortable with the results of full legalization in the first few states to head in that direction. Legalization is no longer just a legal theory that people can speculate about; we finally have the opportunity to measure and analyze the results of actual legalization systems in place in several states (four and counting).

To read the balance of this column, please go to Marijuana.com

 

 

Rider in Federal Omnibus Intends to Block DC Legalization Vote

December 9th, 2014

DC Initiative Measure 71A rider was included in the final version of the House omnibus appropriations bill with the intent blocking the implementation of Washington, DC’s 2014 marijuana legalization initiative.

As written, the rider seeks to restrict the District from utilizing federal or local funds to “to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.” A summary of the provision posted on the House Appropriations Committee website acknowledges that the language is intended to prevent any funds from being used to “implement a referendum legalizing recreational marijuana use in the District.”

Washington DC’s Initiative 71 was approved by over 70 percent of District voters in November. The initiative seeks to legalize the adult possession of up to two ounces of marijuana and cultivation of three mature and three immature plants.

“This rider is an affront to the concept of democracy,” commented NORML Communications Director Erik Altieri, “Seven out of ten voters in Washington, DC cast their ballot in favor of ending prohibition and legalizing the adult possession and limited cultivation of marijuana, this attempt by members of Congress to flout the will of the people is a gross injustice to these voters and to the democratic system.”

The House will vote on the final version of the omnibus bill in the next couple days and then it must be approved by the Senate. This rider has no impact on the District’s current decriminalization or medicinal marijuana policies. NORML will keep you updated as the situation develops and what precisely this means for legalization in the nation’s capital.

Further coverage regarding this rider and its potential impact on the District is available from the Washington Post, Roll Call, and CNN.

Federal Omnibus Includes Amendment to Prohibit DOJ/DEA From Interfering With State Medical Marijuana

December 9th, 2014

marijuana_seedlingThe final version of the House omnibus appropriations bill includes the Rohrabacher-Farr amendment, which was approved by the House of Representatives earlier this year. The amendment restricts the Department of Justice and the Drug Enforcement Administration from using taxpayer funds to interfere in state-sanctioned medical marijuana programs in the 20+ states that have enacted them.

NORML supporters have rallied in favor of this provision, with over 22,000 emails and countless direct calls being directed at federal lawmakers regarding the amendment this year.

“This amendment is an important step towards relieving the tension between federal and state policy when it comes to medical marijuana,” stated NORML Communications Director Erik Altieri, “By restricting these agencies in this manner, the nearly two dozen states that implemented medical marijuana programs can hopefully breathe easier knowing federal money won’t be spent to interfere with their progress. We hope this leads to further reforms at the federal level further enshrining this sentiment into law.”

The House is expect to hold a final vote on this bill in the next couple of days, with a Senate vote to follow. You can read the full bill here.

NORML Legal Seminars Remain Vital for Defense Lawyers

December 9th, 2014

NORML Legal Seminars Remain Vital for Defense Lawyers At NORML, our goal is the full legalization of marijuana for all adults, regardless of why one smokes. But even as we continue to move forward politically, there are still hundreds of thousands of Americans being arrested for marijuana-related offenses each year, and until we achieve that goal, the criminal defense bar will continue to play a crucial role defending those citizens. Until we finally legalize marijuana for all adults, we have a continuing obligation to try to assist the victims of prohibition.

The reality is that marijuana smokers remain the target of aggressive and misguided law enforcement efforts in most states today. Responsible smokers in most states read about the newly-won freedoms in a handful of states, and dream of the day when their state will become more tolerant; but they are still being busted in large numbers and have to worry that the next knock on the door may be the police with a search warrant, about to destroy their homes and wreck their lives, looking for a little pot.

The FBI’s Uniform Crime Report was recently released, confirming that marijuana arrests are finally on a downward trend in the US. The marijuana arrests for 2013 totaled 693,481, down from 749,825 arrests in 2012 and 757,969 in 2011. The progress we have been making with decriminalization and legalization at the state level are beginning to be reflected in these arrest numbers.

To Read the Rest of this Column, please go to Marijuana.com.

 

 

URGENT: Congress Attempting to Block DC Legalization

December 9th, 2014

takeactionban

Congress is finalizing their appropriations bills for the coming year, the final draft going around includes a provision blocking DC’s marijuana legalization measure from being implemented.

From The Washington Post:

Tucked in the massive spending bill needed to prevent a federal government shutdown may be a measure sought by conservative House Republicans to halt marijuana legalization in the nation’s capital, advocates for the measure say.

Seven in 10 D.C. voters backed an initiative last month to follow Colorado and Washington state in legalizing marijuana.

But three people who have been closely tracking the issue say budget negotiators in the Democratic-controlled Senate have agreed to curb the popular measure. Congress has the power to do so by restricting city spending.

Congressional Republicans have previously used the technique, known as a spending “rider,” to prevent the heavily Democratic city from spending money on abortion coverage for the poor. For 11 years, one was used to prevent D.C. from implementing a voter-backed measure to allow medical marijuana.”

SOURCE

Time is quickly expiring to change this, we NEED all of you to call House and Senate leadership and tell them this is an unacceptable flouting of the democratic process.

Senate Minority Leader Mitch McConnell – (202) 224-2541
Senate Majority Leader Harry Reid – (202) 224-3542
House Majority Leader John Boehner – (202) 225-0600
House Minority Leader Nancy Pelosi – (202) 225-4965

Suggested talking points: “I’m calling today to ask you to please stand up for the will of Washington, DC voters and the principles of democracy. Please reject efforts to overturn the voter approved DC marijuana legalization initiative. DC residents voted overwhelmingly in favor of this measure and it goes against the democratic spirit of our country to attempt to block this measure from going into place. Thank you.”

Do your part to help defend the will of DC voters and ensure that Initiative 71 is properly implemented. TAKE ACTION NOW.

The Coffee Shops and the 2014 High Times Cannabis Cup

December 1st, 2014

Amsterdam CoffeeshopI just returned from the High Times Cannabis Cup in Amsterdam, and thought I might share some thoughts about the state of the legalization efforts in the Netherlands, as contrasted to the US.

The Coffee Shops

Amsterdam is famous for its coffee shops, where those over 18 are permitted to purchase and enjoy marijuana. But in recent years the Dutch government has taken steps to close a few of the shops, and limit the amount which one can purchase to five grams from any one shop. Yet, despite these changes, coffee shops remain plentiful and high quality marijuana remains convenient to anyone in Amsterdam.

Importantly for us Americans, contrary to the public statements issued by government officials in recent months declaring the coffee shops are off-limits to foreigners, fear not; there are coffee shops in nearly every block in downtown Amsterdam and I visited at least eight of them during my five days in the country, and never once did anyone ask if I were a citizen of the Netherlands. And in many of the coffee shops I visited, there were several other American tourists also enjoying this unique experience, along with plenty of locals as well.

To read the balance of this column, please go to Marijuana.com.

Responsible Pot Use, Responsible Parenting: What’s The Problem?

November 25th, 2014

Responsible parenting

One of the policy areas in greatest need of reform involves the typical response of our child custody system in this country when they learn that a parent smokes marijuana; in all states today, including those that have legalized marijuana either for medical use or for all adults, the child custody agency stubbornly maintains an unfair bias against parents who smoke marijuana.

I suspect most of us have personally witnessed the disruption to someone’s life that results when, for any of a number of possible reasons, a parent’s marijuana smoking becomes known to the state’s child welfare agency. Sometimes it is because the couple are going through a hostile separation or divorce, and one parent attempts to use the other’s use of marijuana to gain advantage, either to limit that parent’s access to the children or to get a more favorable financial arrangement. Other times it begins with the complaint of a nosy neighbor who claims to have smelled marijuana (or to have seen someone smoking it), and who calls the authorities.

Regardless of the origin of the complaint or the motivation of the complaintant, once the state’s child welfare agency is called into the dispute, a legal process is begun that will all too often be disruptive to the health and welfare of the child, the very opposite of the stated intent of the inquiry. It is also an expensive and heartbreaking experience to a parent or parents who have to hire lawyers and focus their life for months on end jumping through any number of legal hoops to demonstrate that, despite their marijuana smoking, they remain loving parents who provide a safe and healthy environment for their minor children.

To understand this awkward legal squeeze all too many parents find themselves facing, it is important to realize we have parallel legal systems in effect in these states: one deals with what conduct is or is not criminal; the other focuses only on what is in the best interests of the child. And even as we continue to make progress removing the responsible use of marijuana from the criminal code, either for medical use or for all adults, the child custody courts in those same states continue to begin any inquiry with the presumption that marijuana smokers are not fit parents, and marijuana smoking by adults, even when it is protected conduct under that state’s laws, is dangerous to any children and evidence of an unhealthy environment in which to raise a child.

Read the full article at marijuana.com

46 States to Go, Help Us Legalize Marijuana!

November 22nd, 2014

Dear NORML Members and Supporters:

46 States to Go, Help Us Legalize Marijuana!

Please allow me to wax nostalgic for a moment or two about the wonderful progress we have all seen in recent years, with a majority of the country now supporting and end to prohibition, and the adoption of various forms of marijuana legalization in many states. The political environment was not always so favorable.

When we started NORML in 1970, only 12% of the population supported legalization; 88% supported prohibition. It has been a long, slow and sometimes arduous effort, but we have finally won the hearts and minds of most is our citizens, despite the fact that only 14% are marijuana smokers. They have concluded that prohibition causes far more harm to society than the use of marijuana, and that regulating the sale of marijuana is the better policy.

With our recent spate of victories at the state level, currently 17 states and the District of Columbia (and several major cities) have stopped treating marijuana smokers like criminals; 23 states and the District of Columbia offer legal medical marijuana; and four states have fully legalized marijuana with state-licensed dispensaries. We have reached a tipping point in the decades-long drive to legalize marijuana, and with your continued support, there is no turning back!

And we can already see the benefits: for the fourth year in a row the number of Americans arrested on marijuana charges has declined. And these declines will only increase as we move forward with victories in additional states. We expect full legalization voter initiatives to be approved in 2016 in California, Nevada, Massachusetts, and Maine (and perhaps a few others that are only now being organized).

NORML’s Work Has Just Begun

In each of these legalized states, the real job of NORML is just getting started. When I founded NORML it was the result of some work I had done with consumer-advocate Ralph Nader, and I envisioned the organization as a Consumers’ Union for marijuana smokers. As a consumer lobby, we must work to assure the smokers have access to legal marijuana that is safe, convenient and affordable. We must demand that the marijuana be tested to assure there are no molds or pesticides, and we need to know the strength of the THC and the CBD, and to know what terpenoids are present. These are basic consumer rights that we could not get when marijuana was only available on the black market, but which we have every right to expect in a legal market.

And to encourage the newly legal marijuana industry to abide by a set of “best practices”, we have established the NORML Business Network, to help consumers recognize “consumer-friendly” companies. As in any new industry, there are some whose only interest is to maximize their profits, but many of these new companies feel a responsibility to adopt higher standards. The NORML Business Network will help consumers distinguish between the two.

4 Down – 46 To Go!

We obviously have much work to be done before we totally end marijuana prohibition and stop the arrest of responsible marijuana smokers all across America. But we have made a substantial start, and the public support and political momentum is clearly on our side. With your continued support, we will see this fight through to a successful conclusion, and set a standard for the rest of the world to follow.

Please make a generous contribution to NORML today of $50 or $100 or $1,000 or whatever you can afford. If you wish to make a tax-exempt contribution, make your donation to the NORML Foundation. But please do your part to recognize the tremendous progress we have made over these last four decades, and to assure we continue that progress in the months and years ahead. Donate $50 or more and receive the new documentary DVD called ‘EVERGREEN: The road to marijuana legalization in Washington State’.

Thanks for being a part of this important campaign to legalize marijuana in America.

Donate to NORML Tax Deductible Donation to NORML Foundation

Regards,

Keith Stroup
NORML Founder and Legal Counsel

What It Means To ‘Get High’

November 18th, 2014

What it means to 'get high'After several decades of Reefer Madness propaganda dominating the discussion of marijuana in the media, it should be no surprise that many Americans, especially older Americans who are not personally familiar with marijuana, believe that “getting high” is somehow a bad experience, something to be avoided by responsible citizens. It is assumed that this experience is a waste of time, or even worse, that it somehow damages the healthy individual.

Yet, I have found that marijuana smoking has been a positive experience in my life, allowing me, when I am high, to stand back half-a-step and see my life in a clearer perspective. Yes, we all know that getting high is fun: food tastes better when one is high, and music sounds better and sex is even more enjoyable. But getting high is more than just pleasurable; in the right situation, it is an enriching experience.

Specifically, if I have something I need to write, whether an article for publication or the outline for a talk I am scheduled to deliver, I find it extraordinarily helpful to isolate myself in my home office for a few hours and get stoned, allowing my mind to freely wander, making notes of any seemingly insightful thoughts that result, jotting down whatever free-associations arise, and frequently discovering issues and new ways to analyze a topic that should have been obvious to me all along, but had not come to mind until I was high.

It’s as if the marijuana high eliminates some of the barriers we otherwise construct on our imagination and our creativity. Somehow, we appear to protect ourselves from the perceived risk of thinking out of the mainstream, by closing off some creative pathways. Marijuana can reopen those pathways, and give us new understanding.

Read the rest of the article at marijuana.com »