Archive for the ‘legalization’ category

Demanding “Perfect Legalization” is a Formula for Defeat

January 26th, 2015

You don’t have to look too hard to see marijuana legalization efforts in several states that have a good chance of being approved by the voters in 2016. But many of those efforts are mired-down with competing proposals and competing proponents that could easily undermine the ability of supporters in those states to actually change public policy and end prohibition.

The inability to accept compromise in the interest of building a winning coalition threatens to turn some of these political opportunities into losing efforts. And that would be a disaster.

Specifically, different factions with different political demands are competing for control of the issue in Massachusetts, Ohio and California, three large and important states that would add enormous legitimacy and political credibility to the legalization movement, were they to approve legalization in 2016.

Click here to read the balance of this column.

 

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Want Legalization in Your State?

January 19th, 2015

Want Legalization in Your State?How do we move from prohibition to legalization in my state?

That’s one of the most asked questions we hear every week at NORML.

With national media attention focusing on the favorable experience with legalization in Colorado and Washington, and on the not-yet-implemented legalization programs recently adopted in Oregon and Alaska, anyone living in a state that continues arresting and jailing marijuana smokers would naturally wonder why their state seems to have missed out on the drive to end marijuana prohibition.

More accurately, many of those states are lagging behind in the legalization movement, but that, too, will change. As we continue to gather data demonstrating these new laws are working as intended, with few unintended consequences, the drive to end marijuana prohibition will soon reach every state in the union, and beyond. We are no longer debating theory and conjecture; we now have real-life experiences that can be evaluated, and that data resource will grow with each new state.

Patience and persistence still required

We all need to accept the reality that changing public policy is a complex process that requires financial resources, re-education and political organizing. Following more than 75 years of criminal prohibition, and “reefer madness” propaganda by our state and federal governments, many Americans — especially older Americans — hold a negative view of marijuana and marijuana smoking, believing it presents a risk to health or public safety.

Since all but a few of us have lived under prohibition for our entire lives, it is understandable that many would presume there must have been some justification for those tens of millions of marijuana arrests. Surely our own government would not needlessly wreak havoc on all those lives and careers without a good reason.

To Read the Balance of This Column, please go to Marijuana.com.

Arizona Legislature to Consider Bills to Legalize and Decriminalize Marijuana

January 9th, 2015
CARDENAS
Rep. Mark Cardenas

MPP believes legalizing, taxing, and regulating marijuana for adults 21 and over is a more sensible approach than continuing failed prohibition policies, and so does Arizona state Rep. Mark Cardenas. He recently introduced HB 2007, a bill that would treat marijuana like alcohol, similar to the laws of Colorado, Washington, Alaska, and Oregon. If you are an Arizona resident, please take a moment to contact your state senator and representative and voice your support.

Marijuana prohibition has been just as ineffective, inefficient, and problematic as alcohol prohibition, and both national and Arizona polls now regularly show support for a better approach. Marijuana is less harmful than alcohol. Regulating it would replace the underground market, and law enforcement officials’ time could be more effectively directed to addressing serious crime.

Rep. Cardenas has also introduced HB 2006, which would establish a $100 civil penalty for the possession of an ounce or less of marijuana. In addition to the four states that have legalized marijuana for adults, well over a dozen states have lowered criminal penalties with sensible alternatives to putting people in jail for choosing a substance that is safer than alcohol.

Please support these important bills, and pass this message on to friends, family, and supporters in Arizona!

2014: The Year In Review — NORML’s Top 10 Events That Shaped Marijuana Policy

December 30th, 2014

2014: The Year In Review - NORML's Top 10 Events That Shaped Marijuana PolicyNORML reviews the top news stories of 2014.

#1 Marijuana Legalization Measures Win Big On Election Day
Voters in Oregon and Alaska decided on Election Day in favor of statewide initiatives legalizing the commercial production and sale of marijuana for adults, while voters in the nation’s capitol and in numerous other cities nationwide similarly decided on local measures to eliminate marijuana possession penalties.

#2 Colorado And Washington Begin Regulating Retail Marijuana Sales
Two states, Colorado and Washington, initiated retail marijuana sales in 2014. Colorado’s program began on January 1. In Washington, state-licensed retail outlets began legally selling cannabis to adults in July.

#3 Congress Enacts Measure Protecting State-Sponsored Medi-Pot Programs
President Barack Obama signed spending legislation into law in December that included a provision limiting the Justice Department’s ability to take criminal action against state-licensed individuals or operations that are acting in full compliance with the medical marijuana laws of their states. The amendment states, “None of the funds made available in this act to the Department of Justice may be used … to prevent … states … from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”

#4 Congress Moves To Permit State-Sanctioned Hemp Cultivation
Federal lawmakers approved legislation in February permitting state-sponsored hemp cultivation to move forward despite the plant’s federal status as a Schedule I prohibited substance.

#5 Federal Judge Hears Challenge To Cannabis’ Schedule I Status
United States District Judge Kimberly Mueller heard five days of testimony in October in regard to the constitutionality of marijuana’s Schedule I status under federal law. Defense counsel and their experts argued that the scientific literature is not supportive of the plant’s present categorization. Judge Mueller is expected to make her ruling in early 2015.

#6 JAMA: Fewer Opiate-Related Deaths In Medical Marijuana States
The enactment of statewide medicinal marijuana laws is associated with significantly lower state-level opioid overdose mortality rates, according to data published in August in JAMA Internal Medicine. Researchers reported, “States with medical cannabis laws had a 24.8 percent lower mean annual opioid overdose mortality rate compared with states without medical cannabis laws.”

#7 President Acknowledges That Booze Is More Harmful Than Marijuana
Consuming cannabis is less harmful to the individual than is drinking alcohol, President Barack Obama acknowledged in January in an interview with The New Yorker. “I don’t think it (marijuana) is more dangerous than alcohol,” he stated. He added, [W]e should not be locking up kids or individual users for long stretches of jail time.”

#8 Study: Medical Marijuana States Have Fewer Violent Crimes
Medicinal cannabis laws are not associated with any rise in statewide criminal activity, according to data published in April in the journal PLoS ONE. “Medical marijuana laws were not found to have a crime exacerbating effect on any of the seven crime types. On the contrary, our findings indicated that MML precedes a reduction in homicide and assault,” authors concluded. “In sum, these findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses a danger to public health in terms of exposure to violent crime and property crimes.”

#9 NYT Editors Opine In Favor Of Legalizing Cannabis
The New York Times editorial board in July called upon federal lawmakers to end the criminalization of cannabis for those over the age of 21. The paper’s editors opined: “The federal government should repeal the ban on marijuana. … Moderate use of marijuana does not appear to pose a risk for otherwise healthy adults. … [W]e believe that on every level, … the balance falls squarely on the side of national legalization.”

#10 Americans Say Marijuana Is Less Harmful To Health Than Sugar
Americans believe that consuming cannabis poses less harm to health than does the consumption of tobacco, alcohol, or sugar, according to the findings of a Wall Street Journal/NBC News poll released in March. Respondents were asked which of the four substances they believed to be “most harmful to a person’s overall health.” Most respondents said tobacco (49 percent), followed by alcohol (24 percent) and sugar (15 percent).

A “Hail Mary” Pass by our Political Opponents

December 22nd, 2014

Supreme_Court_BuildingFor those of us in the business of changing public policy, sometimes we judge our progress on what we have accomplished; and other times we judge our effectiveness by the desperate acts of our opponents. The federal law suit filed late last week by the states of Nebraska and Oklahoma, seeking a declaratory judgment from the U.S. Supreme Court holding Colorado’s legalization provisions to be unconstitutional, clearly falls in the latter category.

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 step in and overturn the will of the voters. Desperate times lead to desperate tactics, and the plaintiffs in this action were clearly feeling desperate.

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

Obama to Native Americans: Marijuana Legalization Is A-OK

December 12th, 2014

In a completely unexpected move by the Obama Administration, the US Department of Justice released a memo on October 28 indicating to Native American tribes that they can engage in cannabis commerce–cultivation, processing and retail sales–as long as they comport with the existing eight rules put forward in a previous August 2013 Obama Administration memo allowing states the autonomy to develop cannabis-based businesses in states where voters have passed binding ballot initiatives or elected policymakers have passed reform legislation.

  • Distribution of marijuana to minors
  • Revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels
  • Diversion of marijuana from states where it is legal to states where it remains illegal
  • State-authorized marijuana activity being used as a cover for trafficking other illegal drugs or activity
  • Violence or the use of firearms as part of cultivation and distribution of marijuana
  • Drugged driving or the exacerbation of other negative health consequences associated with marijuana use
  • Growing marijuana on public lands
  • Marijuana possession or use on federal property

It's NORML to smoke pot

US News writes that “there are 326 federally recognized American Indian reservations, according to the Bureau of Indian Affairs. Many reservations are in states that don’t allow marijuana for medical or recreational use, such as Oklahoma, Utah and the Dakotas. Others are located near major East Coast cities and far from legal pot stores in the West.

“The tribes have the sovereign right to set the code on their reservations,” U.S. attorney for North Dakota Timothy Purdon, chairman of the Attorney General’s Subcommittee on Native American Issues, told the Times.

In a statement, the Department of Justice said U.S. attorneys will review tribal marijuana policies on a case-by-case basis and that prosecutors retain the right to enforce federal law.

“Each U.S. attorney will assess the threats and circumstances in his or her district, and consult closely with tribal partners and the Justice Department when significant issues or enforcement decisions arise in this area,” the statement says. 

Read the DOJ memo allowing Native American tribes to regulate cannabis-related businesses here.

A detailed map of Native American tribes is found here.

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.

URGENT: Congress Attempting to Block DC Legalization

December 9th, 2014

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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.

Poll: 60 Percent Of Americans Say States, Not Feds, Ought To Decide Marijuana Question

December 9th, 2014

Six out of ten voters believe that states, not the federal government, should authorize and enforce marijuana policy, according to national polling data reported this week by the Washington, DC think-tank Third Way.

When presented with the option, 60 percent of respondents said that state officials ought to possess the authority to “control and decide whether to legalize marijuana.” Only 34 percent of those polled said that the federal government ought to enforce marijuana laws.

Similarly, a super-majority of voters (67 percent) agreed, “Congress should pass a bill giving states that have legalized marijuana a safe haven from federal marijuana laws, so long as they have a strong regulatory system.”

Overall, 50 percent of voters said that they support legalizing marijuana for recreational purposes while 47 percent opposed the notion. However, among those opposed to legalization, 21 percent endorsed the idea of Congress providing a “safe haven” from federal prohibition in those states that have chosen to legalize the plant’s use and sale.

“The fact that state legalization of marijuana violates federal law and creates an untenable policy situation was clear – and the voters we polled responded not with ideological proclamations but by supporting a middle-ground, pragmatic policy which would ease that conflict as the legal landscape continues to quickly shift,” representatives for the think-tank stated in a media release. “This means marijuana is not an issue of absolutes for many Americans – rather, it requires a nuanced balancing of values and interests.”

Nationwide, voter support for cannabis legalization was highest among Democrats (64 percent), Millennials (61 percent), and non-white/Hispanic voters (61 percent). A majority of women voters and self-identified Republicans opposed legalizing marijuana for recreational purposes. By contrast, majority support (78 percent) for the legalization of cannabis for medicinal purposes extended throughout all demographics.

Among respondents, 54 percent expressed a favorable view of those who used cannabis therapeutically, while only 36 percent said that they possessed a favorable view of social consumers.

When it came to the issue of how to most effectively influence voters’ opinions on marijuana law reform, authors reported that neither negative nor positive messaging “moved voters substantially in either direction.” Specifically, authors’ reported that many respondents failed to sympathize with the idea that the drug war was overly punitive or that the federal government might once again begin cracking down on state-compliant cannabis consumers and providers.

Authors concluded, “As opponents lean heavily into values-based arguments regarding teenage marijuana use and highway safety, more research still needs to be done to identify a compelling value for legalizing recreational marijuana – the way that compassion underlies support for medical marijuana.”

Researchers collected opinion data over the course of several months in two separate waves – first with a late summer focus group and then with an October poll of 856 registered voters, conducted online.

Full text of the Third Way report is online at here.

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.