Archive for the ‘decriminalization’ category

Americas Coalition Suggests MJ Laws Be Relaxed

May 19th, 2013

A comprehensive report on drug policy in the Americas released Friday by a consortium of nations suggests that the legalization of marijuana, but not other illicit drugs, be considered among a range of ideas to reassess how the drug war is carried out.

The report, released by the Organization of American States walked a careful line in not recommending any single approach to the drug problem and encouraging “flexibility.”

Prompted by President Juan Manuel Santos of Colombia at the Summit of the Americas last year to answer growing dissatisfaction and calls for new strategies in the drug war, the report’s 400 pages mainly summarize and distill previous research and debate on the subject.

But the fact that it gave weight to exploring legalizing or de-penalizing marijuana was seized on by advocates of more liberal drug use laws as a landmark and a potential catalyst for less restrictive laws in a number of countries.

“This takes the debate to a whole other level,” said Ethan Nadelmann, executive director of the Drug Policy Alliance, which advocates more liberal drug use laws. “It effectively breaks the taboo on considering alternatives to the current prohibitionist approach.”

The report said “the drug problem requires a flexible approach,” and “it would be worthwhile to assess existing signals and trends that lean toward the decriminalization or legalization of the production, sale and use of marijuana.

“Sooner or later decisions in this area will need to be taken,” it said. “On the other hand, our report finds no significant support, in any country, for the decriminalization or legalization of the trafficking of other illicit drugs.”

Some analysts interpreted the inclusion of decriminalization as a thumb in the eye to the United States, the country with the heaviest drug consumption and one that has spent several billion dollars on drug interdiction in the Americas, only to find that marijuana and cocaine continue to flow heavily and that violence has surged in Mexico and Central America as the drugs move north.

The report comes two weeks before an O.A.S. meeting in Guatemala, whose president has been open to legalizing marijuana and where the central topic is drug policy in the hemisphere. Uruguay’s president has put forward a plan for the government to legalize and regulate the sale of marijuana.

“The region’s leaders expressed their frustration with the limits and exorbitant costs of current policies and their hunger for a fuller, more creative debate,” said John Walsh, a drug policy analyst at the Washington Office on Latin America, a human rights group.

But the United States has so far rejected legalization as a solution to drug violence.

A State Department spokesman, William Ostick, said the report would be carefully reviewed and discussed with fellow O.A.S. members in Guatemala.

“We look forward to sharing our latest research and experiences on drug prevention and treatment, and to strengthening operational law enforcement cooperation with our partners around the globe in support of our common and shared responsibility for the world drug problem,” he said. “We know other leaders will similarly bring their own data, and anticipate a productive and useful dialogue.”

Kevin Sabet, director of the Drug Policy Institute at the University of Florida, said advocates of drug liberalization were overplaying the significance of the report, which he said contained a lot the Obama administration would agree with.

He said a discussion of legalization was only natural, particularly since two American states, Washington and Colorado, have moved in that direction.

But the report, he said, also suggested that countries in the hemisphere needed to redouble their efforts to fight the impunity of drug gangs, something often overlooked or played down in the debate on the war on drugs. The report notes that drug organizations have atomized into a range of gangs carrying out kidnapping, extortion and other crimes.

“Institutions in the drug-producing nations are going to have to change the way they do business,” Mr. Sabet said. “You cannot only rely on reducing demand and ignore deep-seated institutional problems.”

Mr. Santos, in accepting the report in Bogota, said more study was needed. “Let it be clear that no one here is defending any position, neither legalization, nor regulation, nor war at any cost,” he said. “What we have to do is use serious and well-considered studies like the one the O.A.S. has presented us with today to seek better solutions.”

A version of this article appeared in print on May 18, 2013, on page A7 of the New York edition with the headline: Americas Coalition Suggests Marijuana Laws Be Relaxed.

Source: New York Times (NY)
Author: Randal C. Archibold
Published: May 18, 2013
Copyright: 2013 The New York Times Company
Contact: letters@nytimes.com
Website: http://www.nytimes.com/

Is Marijuana Booming Among Boomers?

May 17th, 2013

Like many of her peers, Zoe Helene, 48, smoked marijuana in her early 20s but gave it up as her career in the digital world took off in the 1990s. Today the multidisciplinary artist and environmental activist lives in Amherst, Mass., and is building a global network of trailblazers called Cosmic Sister. Since she married an ethnobotanist in 2007, she has returned to using cannabis occasionally — “as a tool for evolving and expanding my psyche.”

Helene is among a group of women that Marie Claire magazine has dubbed “Stiletto Stoners — card-carrying, type-A workaholics who just happen to prefer kicking back with a blunt instead of a bottle.” She’s also one of a growing legion of boomers who are returning to marijuana now that the stigma and judgment (and laws) surrounding its use are becoming more lax.

Massachusetts, which decriminalized pot in 2008, became the 18th state to legalize medical marijuana, last year. In the 2012 presidential election, which New York Times columnist Timothy Egan called America’s “cannabis spring,” Colorado and Washington voters legalized recreational use, launching weed into the national spotlight and spawning a flurry of marijuana initiatives. Since then, decriminalization bills have been introduced in 10 additional states, and legalization is being considered in 11 states and Puerto Rico.

This trend, along with decriminalization in cities like Chicago, Boston, New York and Denver, has removed a major “barrier to entry” for law-abiding citizens who would use cannabis as medicine or a substitute for alcohol. No longer worried about breaking the law or having their kids discovering their “dirty little secret,” many boomers are returning to a substance they once enjoyed. Others, who never stopped smoking, are coming out of the closet (or the garage) about their use.

The Return of Reefer

While boomers looking for stress relief turn to exercise, yoga, meditation or religion, plenty relax with alcohol or pharmaceuticals. For those who don’t drink (or can’t anymore for health reasons) or take prescription drugs but still want to unwind at the end of the day, laxer laws and attitudes have made marijuana acceptable.

Many respected doctors, homeopaths and naturopaths tout cannabis as natural medicine for a range of conditions, both physical and mental — especially when it’s ingested by means other than smoking. And with the rise of medical marijuana and legal dispensaries, adults don’t have to resort to clandestine meetings on street corners with black market strangers. They can with a prescription walk into a legitimate business establishment and choose from a variety of strains with the help of a “bud tender.”

‘Everybody Smokes Dope After Work’

Clearly there’s been a sea change. In 1969, 84% of all Americans opposed legalizing marijuana. In April 2013, Pew Research found that for the first time in more than four decades of polling on the issue, more Americans than not (52%) want marijuana to be legal. And that’s not just college kids: Among boomers the number is only slightly lower (50%).

A segment of the boomer generation never stopped smoking pot, but many did. In the 1980s, while starting families and building careers, they were influenced by the zeitgeist: Nancy Reagan’s “Just Say No” campaign and the Drug Abuse Resistance Education program, known as DARE, in their kids’ schools. People didn’t want to be associated with the stoner caricatures they saw depicted in movies, like Sean Penn’s iconic Jeff Spicoli inFast Times at Ridgemont High.

President Bill Clinton’s confession that he had smoked marijuana once but “didn’t inhale” did little to encourage open use. Contrast that with President Barack Obama’s statement that not only did that he inhale frequently but “that was the point.”

Legalized marijuana is gathering increasingly high-profile support. Last year chef, author and TV personalityAnthony Bourdain told The New York Times that “everybody smokes dope after work.” And a host of respected public figures — including Paul Volcker, Deepak Chopra, Michael Pollan and PBS’s Rick Steves — have been vocal advocates for legalization.

Another sign of the changing times is the proliferation of marijuana lifestyle stories in the media. In February, The New York Times Style section ran an article on marijuana etiquette, soliciting “an Emily Post to hack a pathway through this fuggy thicket, particularly given pot’s increased presence in the mainstream.”

The Cannabis Closet: Firsthand Accounts of the Marijuana Mainstream, published in 2010 by The Dish, surprised a lot of people with its candid testimonials from pot-smoking corporate executives, government officials and responsible parents.

Pot Prescriptions

Not all the rebudding boomers are coming back for recreational purposes. A large segment isn’t after the buzz but is using marijuana for a panoply of health issues. In the 19 states (plus the District of Columbia) where medical marijuana is legal, it’s being prescribed to alleviate symptoms associated with cancer, glaucoma, gastrointestinal disorders, arthritis, multiple sclerosis, Crohn’s disease, AIDS, migraines and chronic pain and countless other maladies. Some studies show that it might even help prevent Alzheimer’s disease and fight tumors.

Steve DeAngelo, 55, executive director of Harborside Health Center, which operates dispensaries in Oakland and San Jose, believes marijuana can be “part of a more holistic approach” to health care. Many of his clients suffering from insomnia, anxiety or lowered libido are using cannabis as an alternative to “pharmaceuticals that come with a list of side effects reading like something out of a Stephen King novel,” he says.

Medical marijuana entered the national consciousness in 1991, when San Francisco physicians were first allowed to prescribe it. Five years later California voters approved the first statewide medical marijuana laws. (Interestingly, marijuana was listed in the United States Pharmacopeia from 1850 until 1942 and wasn’t illegaluntil the Marihuana Tax Act of 1937. The U.S. government categorized it a Schedule 1 substance without medicinal value in 1970.)

Like a slow train gathering steam, other states followed California’s lead. The train took off like a bullet in 2009 when Attorney General Eric Holder announced that the U.S. Drug Enforcement Administration would essentially look the other way if state-approved dispensaries complied with local laws.

Today medical marijuana is a highly profitable industry. Precise customer numbers are elusive, but as acceptance spreads, the head count grows. To obtain a medical marijuana card, patients have to be diagnosed with an approved condition by a licensed physician and register with the state.

Once their doctor writes a prescription, users can enter a marijuana emporium, offering a dizzying array of cannabis strains as well as new delivery systems, including electronic vaporizers, capsules, tinctures, teas, honeys, drinks and oils. Marijuana-infused food products, aka “medibles,” have expanded way beyond pot brownies to include pizza, pasta sauce, popcorn, ice cream, soda and even salad dressing.

This booming business, which was the subject of a recent Fortune cover story, is estimated to generate annual revenues of $36 billion — and that number is expected to double over the next five years.

Targeting the Boomer Market

This expanding market segment isn’t lost on marijuana cultivators, who are hybridizing varieties with particular appeal to users more interested in preventive health care and pain maintenance than catching a buzz. These strains are higher in the non-psychoactive cannabinoid CBD, which has anti-inflammatory properties and provides pain relief but doesn’t affect thinking and productivity.

Established players are using their business acumen to shape the industry. Former Microsoft manager Jamen Shively (aka “the Bill Gates of Cannabis”) recently took things in a new direction when he opened Diego Pellicer, which bills itself as “the first legal retail brand in the United States focused exclusively on legal, premium marijuana for pleasure and creative pursuits.” Shively has said that he’s specifically appealing to “baby boomers with disposable incomes who smoked during college years but took a 30-year break to raise a family.”

Private equity firms are getting in on the action by strategically investing in the legal cannabis industry — and they’re targeting boomers. Michael Blue, co-founder of Privateer Holdings, says that midlifers represent about 40 percent of the visitors to his company’s first acquisition, Leafly.com, where “discerning connoisseurs who select cannabis strains like they select fine wines” can rate and compare marijuana.

A prime target: Zoe Helene, whose casual use is part of her holistic vegetarian lifestyle. She occasionally eats her husband’s “marjoons” (marijuana macaroons) to heighten her creativity, loosen up her body for dance and yoga, and help her grow spiritually.

“I’m not a pothead,” the boomer says. “For me, cannabis is a loving plant spirit that helps me understand myself. It heightens my senses and reminds me of higher levels of consciousness I can attain. And then I attain them, without it.”

Boulder, Colorado–based writer Robyn Griggs Lawrence is working with a group of professional chefs on a cookbook that will help people safely and responsibly make and eat haute cannabis cuisine.

Source: Forbes Magazine (US)
Author: Robyn Griggs Lawrence, Next Avenue Contributor
Published: May 16, 2013
Copyright: 2013 Forbes Inc.
Contact: readers@forbes.com
Website: http://www.forbes.com/

Vermont Legislature Passes Decriminalization Bill!

May 14th, 2013
s-VERMONT-GOVERNOR-PRIMARY-PETER-SHUMLIN-large

Gov. Shumlin

State lawmakers gave final approval Monday to a measure that will decriminalize possession of limited amounts of marijuana in Vermont. The bill will now be transmitted to Gov. Peter Shumlin, who is expected to sign it into law in coming weeks, at which time Vermont will become the 17th state in the nation to decriminalize or legalize marijuana.

H. 200, introduced by Rep. Christopher Pearson (P-Burlington) with a tripartisan group of 38 co-sponsors, will remove criminal penalties for possession of up to one ounce of marijuana and replace them with a civil fine, similar to a traffic ticket. Those under age 21 would be required to undergo substance abuse screening. Under current state law, possession of up to two ounces of marijuana is a misdemeanor punishable by up to six months in jail for a first offense and up to two years in jail for a subsequent offense.

The Vermont victory marks another big step toward ending marijuana prohibition in our country, but there’s still a lot more work to be done. Marijuana policy reform bills have been introduced in 30 state legislatures this year, and even more are expected next year.

Vermont Moves Toward Decriminalizing Marijuana

May 13th, 2013

Vermont’s legislature on Monday approved a bill that would decriminalize the possession of small amounts of marijuana, a measure the state’s governor expects to sign into law in the coming weeks.

The move sets up the New England state to be the 17th in the United States to remove criminal penalties for having small amounts of pot. It does not go as far as Colorado and Washington, which in November became the first states to legalize possession, cultivation and use of marijuana by adults for recreational use.

Vermont’s House of Representatives on Monday gave final approval to a proposal to remove criminal penalties for adult possession of up to one ounce (28.3 grams) of marijuana and instead penalize with a civil fine, similar to a traffic ticket. Persons under age 21 caught with pot would be required to undergo substance abuse screening.

The House’s action upheld changes to the bill last week by Vermont’s Senate, including a provision that decriminalized possession of up to five grams of hashish, a potent pot derivative.

“I applaud the legislature’s action to decriminalize the possession of small amounts of marijuana,” said Vermont Governor Peter Shumlin. “Vermonters support sensible drug policies. This legislation allows our courts and law enforcement to focus their limited resources more effectively to fight highly addictive opiates such as heroin and prescription drugs that are tearing apart families and communities.”

A spokeswoman said the governor will sign the bill into law “within a few weeks.”

Currently in Vermont, possessing up to two ounces of pot is a misdemeanor punishable by up to six months in jail for a first offense and up to two years in jail for later offenses.

The measure was introduced in early February by state Representative Christopher Pearson of Burlington, with 38 co-sponsors from the Democratic, Republican and Progressive parties. A similar proposal also was introduced in the Senate.

The latest proposal is similar to “decriminalization” laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon and Rhode Island, where private, non-medical possession of marijuana is treated as a civil, non-criminal offense, said NORML, a group that supports marijuana legalization.

Five other states — Minnesota, Mississippi, Nevada, North Carolina and Ohio — treat marijuana possession as a fine-only misdemeanor offense, NORML said.

Alaska also imposes no criminal or civil penalty for the private possession of small amounts of marijuana, after action by its state Supreme Court, said NORML.

Vermont already had legalized pot for medical use in 2004.

Editing by Scott Malone and Nick Zieminski

Source: Reuters (Wire)
Author: Zach Howard
Published: May 13, 2013
Copyright: 2013 Thomson Reuters

Vermont: Lawmakers Approve Marijuana Decriminalization Measure

May 9th, 2013

Members of the Senate this week approved legislation to significantly reduce marijuana possession penalties. On Tuesday, Senators voted 24 to 6 in favor of a House measure that amends penalties for the possession of personal use amounts of marijuana and/or marijuana paraphernalia by a person 21 years of age or older from a criminal misdemeanor (punishable by up to six-months in jail and a $500 fine) to a civil fine only — no arrest, no jail time, and no criminal record. House members had previously signed off on a slightly different version of the bill in April.

House members must sign off on the Senate’s changes to the bill. It will then go to Democrat Gov. Peter Shumlin, who has publicly expressed support for liberalizing the state’s marijuana possession penalties.

If signed into law, the measure will take effect on July 1, 2013.

Vermont’s proposed law is similar to existing ‘decriminalization’ laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, and Rhode Island, where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.

Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense.

Three states — Alaska, Colorado, and Washington — impose no criminal or civil penalty for the private possession of small amounts of marijuana. (The laws in Colorado and Washington were enacted via voter initiative while Alaska’s legal protections were imposed by the state Supreme Court.)

Texas Considers Lessening Penalties for Possession, Allowing Medical Defense

May 2nd, 2013

Last week, the Criminal Jurisprudence Committee approved Rep. Harold Dutton’s bill to keep marijuana users from being sent to jail for first-time simple possession of marijuana. Unfortunately, the bill – HB 184 – was amended first to apply only to people under the age of 21. The bill is now with the House Committee on Calendars. We want to be sure the committee places it on the calendar for a vote on the House floor.

While not perfect, this bill is a step in the right direction. Under current Texas law, possession of two ounces or less of marijuana is punishable by up to six months in jail and $2000 in fines. If you are a Texas resident, you can voice your support and encourage members of the Committee on Calendars to put the bill on the calendar for a vote. 

In other news, the Committee on Public Health heard testimony from patients and medical professionals who support HB 594. This important bill would let patients who are arrested for marijuana possession raise a defense in court if their physicians recommend medical marijuana. It would also protect physicians who make such recommendations.

The testimony from supporters was profound and emotional. To see a video of this amazing hearing, click here. Consideration of HB 594 begins at about 1:51:20 into the recording.

The committee postponed its vote on whether to pass the bill to the House floor until Monday, May 6, which happens to be the last day it has to take action before the bill dies this session.

Vermont Decriminalization Bill Heads to Senate Floor

May 2nd, 2013

Yesterday, in a 4-1 vote, Vermont’s Senate Judiciary Committee voted to approve a bill that would reduce penalties for possessing small amounts of marijuana. Under H. 200, which has already passed the House, possession of up to an ounce of marijuana would become a civil offense punishable by a fine rather than a criminal misdemeanor.

chrispearson

Rep. Christopher Pearson

H. 200, introduced by Rep. Christopher Pearson (P-Burlington) with a tripartisan group of 38 co-sponsors, would remove criminal penalties for possession of up to one ounce of marijuana and replace them with a civil fine, similar to a traffic ticket. Those under age 21 would be required to undergo substance abuse screening. Under current state law, possession of up to two ounces of marijuana is a misdemeanor punishable by up to six months in jail for a first offense and up to two years in jail for a subsequent offense.

Nearly two-thirds (63%) of Vermont voters support removing criminal penalties for possession of small amounts of marijuana and replacing them with a civil fine, according to a survey conducted by Public Policy Polling in February 2012.

Senators will soon be voting on this bill. If you live in Vermont, click here to send them one last message of support!

Make Money With Pot, Not War

April 29th, 2013

Are we about to see the end of the war on drugs?

Following ballot measures last November, producing and selling marijuana are now legal in both Colorado and Washington state.  Several other U.S.  states have decriminalized simple possession of marijuana, or allowed its medical usage.  The latter is also the case in Canada.

The financial consequences of a complete and general legalization across the continent would certainly be huge.

Over the past couple of decades, billions of dollars have been spent fighting this unwinnable war, which has fuelled corruption, organized crime, and violence.  Thousands of people are killed in drug fights every year in Mexico.  In Canada and the U.S., it has justified growing government intrusion in commercial and private life, from the money-laundering bureaucracies to civil forfeiture laws.

Despite this, recreational use of drugs is as popular as ever.

The simple economic fact is that when there is a demand, a supply will be forthcoming — legally or illegally.  We should therefore reconcile ourselves with what economists call “consumer sovereignty,” that is, let people consume what they want, and let’s prosecute only real crimes.

From an economic perspective, it would be a lot more profitable for everyone if we stopped wasting resources trying to suppress this trade, and instead let it develop legitimately and have governments regulate and tax it.  I don’t like taxes, but in that case, that would mean a huge improvement in terms of economic efficiency.

In British Columbia only, where a lot of marijuana is illicitly being grown, legalization could generate $2.5 billion in government tax and licensing revenues over five years, according to a recent research paper from Simon Fraser University.

Both the Wall Street Journal and The Economist have been convincingly arguing for many years against the war on drugs.  And for the first time in more than four decades of polling on the issue, a majority of Americans now favour legalizing the use of marijuana.  In Canada, public support has also been high for several years.

My point is not that drug consumption is a good thing or that I encourage it, but merely that any rational person can see that the current policy has not been a success despite all the money spent and all the people jailed.  It is high time we rethink our strategy in this regard.  Let’s end the war on pot and make money with it instead.

Source: Kingston Whig-Standard (CN ON)
Copyright: 2013 Sun Media
Contact: http://www.thewhig.com/letters
Website: http://www.thewhig.com/
Author: Michel Kelly-Gagnon

Government Accountability Office Says The Drug War Isn’t Working; Did Anybody Think It Was?

April 26th, 2013

The federal government’s anti-drug efforts are inefficient and ineffective, according to a just released report issued by the Congressional watchdog agency, the US Government Accountability Office (GAO).

As if we didn’t know.

The GAO report assessed whether the Obama administration’s anti-drug strategies, as articulated by the White House Office of National Drug Control Policy (the ONDCP aka the Drug Czar’s office) in its 2010 National Drug Control Strategy report, have yet to achieve its stated goals.

The answer? They haven’t.

States the GAO:

“The public health, social, and economic consequences of illicit drug use, coupled with the constrained fiscal environment of recent years, highlight the need to ensure that federal programs efficiently and effectively use their resources to address this problem. ONDCP has developed a 5-year Strategy to reduce illicit drug use and its consequences, but our analysis shows lack of progress toward achieving four of the Strategy’s five goals for which primary data are available.”

In particular, the GAO criticized the administration for failing to adequately address rising levels of youth marijuana consumption. The GAO also rebuffed the ONDCP’s allegation that increased rates adolescent marijuana use are a result of the passage of statewide laws decriminalizing the plant or allowing for its therapeutic use.

“Other factors, including state laws and changing attitudes and social norms regarding drugs, may also affect drug use. We examined studies on three of these other factors, which we refer to as societal factors, which may affect youth marijuana use. … The studies that assessed the effect of medical marijuana laws that met our review criteria found mixed results on effects of the laws on youth marijuana use. … [S]tudies that assessed the effect of marijuana decriminalization that met our review criteria found little to no effect of the laws on youth marijuana use.”

You can read the full GAO report here.

Michigan Lawmakers Introduce Decriminalization Bill

April 24th, 2013
Jeff_Irwin_041012_RJS-thumb-400x266-108436

Rep. Jeff Irwin

Michigan Rep. Jeff Irwin (D-Ann Arbor) introduced a bipartisan bill Wednesday that would decriminalize small amounts of marijuana.

Currently, possession of any amount of marijuana in Michigan could result in a year in jail and a fine of up to $2,000 . House Bill 4623 would re-label the offense as a civil infraction punishable by a fine based on whether it was a repeat offense.

Shirkey

Rep. Mike Shirkey

“We know, and the people here in Michigan know, that marijuana prohibition is not working,” Rep. Irwin said today during a press conference at the state Capitol, where he was joined by the bill’s Republican co-sponsors, Rep. Mike Shirkey (R-Clarklake) and Rep. Mike Callton (R-Nashville).

“This is the right time to have this debate in Michigan,” said Rep. Shirkey. “We’re using a lot of money, energy and resources in Michigan and across the nation to accomplish something we’ve failed at.”

If you live in Michigan, please ask your legislators to support marijuana decriminalization!