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Organization of American States Report Urges U.S. to Reform Drug Policies

May 22nd, 2013

Last Friday, the Organization of American States (OAS) gathered in Bogotá, Colombia for the release of its $2 million report, ”The Drug Problem in the Americas,” which characterized marijuana as a relatively benign drug.

The 400-page study concluded that if the United States was sincere in its desire to reduce drug violence in the western hemisphere, then it would have to seriously rethink its stance on marijuana and look into more rational drug policies:

“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.”

insulza1

Jose Miguel Insulza

The discussion is long overdue, according to OAS Secretary-General José Miguel Insulza, and most Latin American leaders – “whose countries suffer the bloody brunt of the largely failed U.S.-led drug war” – agree.

This is not the first time the Obama Administration has been asked by its neighboring governments to consider adopting more lenient marijuana policies in order to help combat the violent drug cartels that plague Latin America. The question was raised at last year’s Summit of the Americas.

The response from American officials was typical: making marijuana legal is not an option they will consider.

Rafael Lemaitre, spokesman for the White House’s drug czar, said in response to the report that “any suggestion that nations legalize drugs like heroin, cocaine, marijuana, and methamphetamine runs counter to an evidenced-based, public health approach to drug policy and are not viable alternatives.”

It is hardly “evidence-based” to lump marijuana in with the other drugs mentioned in that statement. Studies have conclusively shown that marijuana is objectively safer than all of them, including legal alcohol. Nor is it in the interest of public health to continue allowing the marijuana industry to be controlled by violent criminal organizations.

Latin America can attest to the fact that this drug war has a real body count. The United States needs to take responsibility for its failed policies and be willing to listen to its neighbors.

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Posted in Bogota, Cartels, Columbia, Drug Czar, Jose Miguel Insulza, Obama, ONDCP, Organization of American States, prohibition, Rafael Lemaitre, Research

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.

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Posted in DEA, decriminalization, Drug Czar, drug war, GAO, government, law enforcement, medical marijuana, Obama, SCIENCE

Help Stop DEA Raids for Good

April 26th, 2013

Just this week, DEA agents raided two medical marijuana dispensaries in San Diego. The raid came one day after the owner of one of the facilities testified at a city council hearing on regulations for medical marijuana dispensaries.

Ironically, it also comes as the Obama administration announces their new drug control strategy, which they call a “21st century approach to drug policy.” To hear them tell it, we’re now focused on treatment and prevention rather than arrests and prosecutions. Of course, that’s not true, and no one knows that better than medical marijuana providers in California and elsewhere. Fortunately, there is a way to change all that.

Ask your elected officials in Congress to support H.R. 689.

Congressman Earl Blumenauer (D-OR) has introduced the States’ Medical Marijuana Patient Protection Act. If passed, his bill would reschedule marijuana, recognizing its medical value, and prevent the DEA from going after patients, doctors, or dispensaries.

It’s vital that your representatives in Congress know that you support medical marijuana and that people who provide doctor-recommended medicine to sick people are not criminals. Please write your elected officials today, and when you’re done, forward this to friends so they can do the same.

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Posted in California, DEA, dispensary, HR 689, Obama, prohibition

Brookings Institute: Marijuana Policy and Presidential Leadership: How to Avoid a Federal-State Train Wreck

April 12th, 2013

As previewed last week on NORML’s blog, the Brookings Institute is convening a cannabis policy forum on Monday, April 15.

In advance of the symposium, Brookings has released a comprehensive legal review and critical analysis of the current national and state laws that prohibit cannabis use, cultivation and sales.norml_remember_prohibition_

Excerpts from the Brookings’ press release and description of the issues tackled by Brookings scholar and noted legal writer and commentator Stuart Taylor, Jr. are found below.

Mr. Taylor’s thoughtful and dynamic analysis and policy recommendations are here.

Of equal value and incredibly informative are two accompanying appendixes:

Appendix One: The Obama Administration’s Approach To Medical Marijuana: A Study In Chaos

Appendix Two: Conflicts Of Laws: A Quick Orientation to Marijuana Laws At The Federal Level and CO and WA

Stuart Taylor, Jr. examines how the federal government and the eighteen states (plus the District of Columbia) that have partially legalized medical or recreational marijuana or both since 1996 can be true to their respective laws, and can agree on how to enforce them wisely while avoiding federal-state clashes that would increase confusion and harm communities and consumers.

* * *

This paper seeks to persuade even people who think legalization is a bad idea that the best way to serve the federal interest in protecting public health and safety is not for the federal government to seek an end to state legalization. To the contrary, Taylor asserts, a federal crackdown would backfire by producing an atomized, anarchic, state-legalized but unregulated marijuana market that federal drug enforcers could neither contain nor force the states to contain.

In this broad-ranging primer on the legal challenges surrounding marijuana legalization, Taylor makes the following points:

  • The best way to serve the federal interest in protecting public health and safety is for the federal government to stand aside when it comes to legalization at the state-level.
  • The federal government should nonetheless use its considerable leverage to ensure that state regulators protect the federal government’s interests in minimizing exports across state lines, sales outside the state-regulated system, sales of unduly large quantities, sales of adulterated products, sales to minors, organized crime involvement, and other abuses.
  • Legalizing states, for their part, must provide adequate funding for their regulators as well as clear rules to show that they will be energetic in protecting federal as well as state interests. If that sort of balance is struck, a win-win can be achieved.
  • The Obama Administration and legalizing states should take advantage of a provision of the federal Controlled Substances Act (CSA) to hammer out clear, contractual cooperation agreements so that state-regulated marijuana businesses will know what they can and cannot safely do.
  • The time for presidential leadership on marijuana policy is now. The CSA also gives the administration ample leverage to insist that the legalizing states take care to protect the federal interests noted above.

Stuart also surveys (1) what legalizing states can and cannot do without violating federal law; (2) the Obama’s administration’s approach to medical marijuana and; (3) current marijuana law at the federal level and in Colorado and Washington State.

 

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Posted in Brookings Institute, Colorado, economics, government, Obama, Stuart Taylor. Jr., Washington

Federal Legislation Reintroduced to Legalize and Reschedule Medical Cannabis

February 15th, 2013

Members of Congress reintroduced legislation this week to protect state-authorized medical marijuana patients from federal prosecution.

House Bill 689, the States’ Medical Marijuana Patient Protection Act, would ensure that medical cannabis patients in states that have approved its use will no longer have to fear arrest or prosecution from federal law enforcement agencies. It states, “No provision of the Controlled Substances Act shall prohibit or otherwise restrict in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law.”

The measure also calls for the federal government to reclassify cannabis so that it is no longer categorized as a Schedule I prohibited substance with no accepted medical use and a high potential for abuse. It states: “Not later than one year after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, based upon the recommendation under paragraph (1), issue a notice of proposed rulemaking for the rescheduling of marijuana within the Controlled Substances Act, which shall include a recommendation to list marijuana as other than a Schedule I or Schedule II.”

In January, a three-judge panel for the US Court of Appeals for the District of Columbia denied petitioners request to overturn the Obama administration’s July 2011 rejection of an administrative petition that sought to initiate hearings regarding the reclassification of marijuana under federal law.

Separate federal legislation, House Bill 710: The Truth in Trials Act, which provides an affirmative defense in federal court for defendants whose actions were in compliance with the medical marijuana laws of their state was also reintroduced this week in the US House of Representatives.

Those who wish to contact their member of Congress in support of these federal measures can do so by clicking here.

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Posted in cannabis, congress, DEA, government, Legislation, medical marijuana, Obama, rescedule, Schedule I

HuffPost: Obama’s Big Marijuana Mess

January 28th, 2013

Huffington Post reporters Ryan Grimm and Ryan Reilly publish one of the most comprehensive and insightful pieces to date on the current friction between state and federal laws regarding cannabis in America, and conclude that federal prosecutors at the regional level—not elected policymakers or department leaders in Washington—are largely creating an ad hoc enforcement policy from state-to-state.

 

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Posted in California, cannabis, Colorado, Department of Justice, government, Huffington Post, law enforcement, marijuana, Obama, Ryan Grimm, Ryan Reilly, Washington

Industrial Hemp Reform Emerging From Marijuana Legalization Election Victories

January 20th, 2013

One of the major public policy and business fronts to end cannabis prohibition in America is to pressure the federal government to allow American farmers the same ability to cultivate industrial hemp like farmers in the United Kingdom, France, Russia and even Canada do under current so-called anti-drug international treaties. Ninety percent of hemp used in the United States is cultivated and imported from Canada.

What sane reason can be employed by the federal government to ban industrial hemp cultivation when Canadian farmers can prosper from cultivating it?

Numerous states–just like with decriminalization, medicalization and legalization–have passed industrial hemp reform laws that run afoul of the federal government’s anti-cannabis policies. This has created upward political pressure on Congress to introduce needed hemp law reform.

Check out this recent Washington Post article profiling lobbying efforts to get hemp legalized.

You can help out by signing the White House petition to bring the matter of industrial hemp law reform before the Obama Administration for a public reply.

See the dozen or so state hemp laws here.

To learn more about hemp and law reform efforts in states and Congress check out VoteHemp.

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Posted in Activism, government, hemp, Legislation, Michael Bowman, Obama, petition, SCIENCE, SOCIETY, vote hemp, Washington Post, white house

Another Victim of the Government’s War on Marijuana

January 14th, 2013

Matthew Davies

Today’s New York Times includes a feature story about California medical marijuana provider Matthew Davies, who federal prosecutors are pressuring to accept a five-year mandatory minimum as a plea agreement. Federal authorities indicted Matthew last year on charges of marijuana cultivation, calling him “one of the most significant commercial marijuana traffickers to be prosecuted in this district.” By all accounts, the two dispensaries Matthew owned were in total compliance with state law and were models of professionalism and service.

He brought graduate-level business skills to a world decidedly operating in the shadows. He hired accountants, compliance lawyers, managers, a staff of 75 and a payroll firm. He paid California sales tax and filed for state and local business permits.

“This is not a case of an illicit drug ring under the guise of medical marijuana,” [his attorney] wrote. “Here, marijuana was provided to qualified adult patients with a medical recommendation from a licensed physician. Records were kept, proceeds were tracked, payroll and sales taxes were duly paid.”

Does this sound like a dangerous criminal who we should spend federal resources to arrest, prosecute, and possibly jail? Medical marijuana providers who followed state law, like Matthew, weren’t supposed to be the targets of federal attack and provide an excellent example for others in the industry. Nevertheless, he is facing a significant amount of time in jail regardless of whether he takes the plea, which will surely take a serious toll on him and his family.

“To be looking at 15 years of our life, you couldn’t pay me enough to give that up,” Mr. Davies said at the dining room table in his two-story home along the San Joaquin River Delta, referring to the amount of time he could potentially serve in prison.

Matthew and his family are not taking this lying down. Matthew’s wife Molly published this open letter to President Obama today in the Huffington Post. You can find out more about Matthew’s case and how you can help at http://www.keepmattfree.org/.

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Posted in Atlantic, California, federal, Huffington Post, Matthew Davies, medical marijuana, new york times, Obama, prohibition, raid, u.s. attorneys

Tell Obama To ‘Just Say No’ to Joe

January 6th, 2013

A White House online petition telling Obama to listen to the voters of Colorado and Washington about the future of cannabis legalization, not the famously anti-cannabis/pro drug war architect Vice President Joe Biden, only needs 7,000 more signatures to be brought to the president’s attention. The signatures are needed by Wednesday, January 9.

If you’ve not yet taken a moment to let the White House know that you too support the voters of Colorado and Washington, please sign the online petition to put it over the top, and get the White House on record to not interfere with the will of voters in states who no longer support cannabis prohibition and want it legalized and taxed.

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Posted in Activism, Colorado, government, Joe BIden, legalization, Obama, petition, Washington, white house

2012: The Year In Review — NORML’s Top 10 Events That Shaped Marijuana Policy

December 24th, 2012

#1 Colorado and Washington Vote To Legalize Marijuana
Voters in Colorado and Washington made history by approving ballot measures allowing for the personal possession and consumption of cannabis by adults. Washington’s law, which removes criminal penalties for the possession of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form), took effect on December 6. Colorado’s law, which allows for the legal possession of up to one ounce of marijuana and/or the cultivation of up to six cannabis plants in private by those persons age 21 and over, took effect on December 10. Regulators in both states are now in the process of drafting rules to allow for state-licensed proprietors to commercially produce and sell cannabis.

#2 Most Americans Favor Legalization, Want The Feds To Butt Out
A majority of Americans support legalizing the use of cannabis by adults, according to national polls by Public Policy Polling, Angus Reid, Quinnipiac University, and others. A record high 83 percent of US citizens favor allowing doctors to authorize specified amounts of marijuana for patients suffering from serious illnesses. And nearly two-thirds of Americans oppose federal interference in state laws that allow for legal marijuana use by adults.

#3 Connecticut, Massachusetts Legalize Cannabis Therapy
Connecticut and Massachusetts became the 17th and 18th states to allow for the use of cannabis when recommended by a physician. Connecticut lawmakers in May approved Public Act 12-55, An Act Concerning the Palliative Use of Marijuana. The new law took effect on October 1. On Election Day, 63 percent of Massachusetts voters approved Question 3, eliminating statewide criminal and civil penalties related to the possession and use of up to a 60-day supply of cannabis by qualified patients. The law takes effect on January 1, 2013.

#4 Schedule I Prohibitive Status For Pot “Untenable,” Scientists Say
The classification of cannabis and its organic compounds as Schedule I prohibited substances under federal law is scientifically indefensible, according to a review published online in May in The Open Neurology Journal. Investigators at the University of California at San Diego and the University of California, Davis reviewed the results of several recent clinical trials assessing the safety and efficacy of inhaled or vaporized cannabis. They concluded: “Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.”

#5 Marijuana Arrests Decline, But Still Total Half Of All Illicit Drug Violations
Police made 757,969 arrests in 2011 for marijuana-related offenses, according to the Federal Bureau of Investigation’s annual Uniform Crime Report. The total marked a decline from previous years. Of those charged in 2011 with marijuana law violations, 663,032 (86 percent) were arrested for marijuana offenses involving possession only. According to the report, approximately 43 percent of all drug violations in 2011 were for cannabis possession.

#6 Long-Term Cannabis Exposure Not Associated With Adverse Lung Function
Exposure to moderate levels of cannabis smoke, even over the long-term, is not associated with adverse effects on pulmonary function, according to clinical trial data published in January in the Journal of the American Medical Association. Investigators at the University of California, San Francisco analyzed the association between marijuana exposure and pulmonary function over a 20-year period in a cohort of 5,115 men and women in four US cities. They concluded: “With up to 7 joint-years of lifetime exposure (e.g., 1 joint/d for 7 years or 1 joint/wk for 49 years), we found no evidence that increasing exposure to marijuana adversely affects pulmonary function. … Our findings suggest that occasional use of marijuana … may not be associated with adverse consequences on pulmonary function.”

#7 Cannabis Use Associated With Decreased Prevalence Of Diabetes
Adults with a history of marijuana use have a lower prevalence of type 2 diabetes and possess a lower risk of contracting the disease than do those with no history of cannabis consumption, according to clinical trial data published in the British Medical Journal. Investigators at the University of California, Los Angeles assessed the association between diabetes mellitus (DM) and marijuana use among adults aged 20 to 59 in a nationally representative sample of the US population of 10,896 adults. Investigators concluded, “Our analysis of adults aged 20-59 years … Showed that participants who used marijuana had a lower prevalence of DM and lower odds of DM relative to non-marijuana users.”

#8 Medical Cannabis Dispensaries Not Associated With Neighborhood Crime
The establishment of medical cannabis dispensaries does not adversely impact local crime rates, according to a federally funded study published in the July issue of the Journal of Studies on Alcohol and Drugs. Researchers reported: “There were no observed cross-sectional associations between the density of medical marijuana dispensaries and either violent or property crime rates in this study.”

#9 Rhode Island Becomes The 15th State To Decriminalize Pot Possession Penalties
Governor Lincoln Chafee signed legislation into law in June amending marijuana possession penalties for those age 18 or older from a criminal misdemeanor (punishable by one year in jail and a $500 maximum fine) to a non-arrestable civil offense — punishable by a $150 fine, no jail time, and no criminal record. The decriminalization law takes effect on April 1, 2013.

#10 Cannabis Reduces Symptoms In Patients With Treatment-Resistant MS
Cannabis inhalation mitigates spasticity and pain in patients with treatment-resistant multiple sclerosis (MS), according to clinical trial data published online in May in the Journal of the Canadian Medical Association. Investigators at the University of California, San Diego assessed the use of inhaled cannabis versus placebo in 30 patients with MS who were unresponsive to conventional treatments. “Smoked cannabis was superior to placebo in symptom and pain reduction in patients with treatment-resistant spasticity,” authors concluded.

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Posted in arrests, Colorado, Connecticut, diabetes, Dispensaries, Gallup, government, Legislation, massachusetts, medical marijuana, multiple sclerosis, Obama, pain, Rhode Island, SCIENCE, spasticity, Washington