Archive for the ‘prohibition’ category

Judge Strikes Down Colorado’s Proposed Regulations on Marijuana-Themed Magazines

June 12th, 2013

A federal judge struck down a provision of Colorado’s legalization law on Tuesday, which would have required marijuana-themed magazines to be treated like pornography and sold behind the counter.

Magazine publishers and local bookstores filed a lawsuit against the state in early June, arguing that such restrictions were not in place while marijuana use was illegal.

The ruling follows last week’s statement by anti-marijuana Attorney General John Suthers that the provision is unconstitutional.

The Colorado Department of Revenue, which is in the process of setting up the law’s regulatory framework, announced that it will not enforce the provision.

Mason Tvert, MPP’s communications director and a campaigner for Colorado’s 2012 referendum, said, “The idea that stores can prominently display magazines touting the joys of drinking wine and smoking cigars, yet banish those that discuss a far safer substance to behind the counter, is absolutely absurd. It is time for our elected leaders to get over their reefer madness.”

Scientists Decry UN Interference with Research

June 12th, 2013

In the latest issue of Nature Reviews Neuroscience, leading scientists argue that the UN conventions on drugs in the 1960s and 1970s, which outlawed drugs with psychoactive substances such as marijuana, is hindering research into potentially significant medicinal uses, estimating that research in key areas such as consciousness has been set back by decades.

Report authors Professor David Nutt and Professor David Nichols contend that the illegal status of psychoactive drugs makes it almost impossible to examine their mechanisms of action and potential therapeutic uses.

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Prof. David Nutt

Nutt, a professor of neuropsychopharmacology at Imperial College London, stated that the ban is “motivated by politics, not science” and characterized it as “the worst case of scientific censorship since the Catholic Church banned the works of Copernicus and Galileo.”

Nutt and Nichols, a professor at UNC Chapel Hill, have called for a more rational approach to drug regulation that would empower researchers to make advancements in the field of neuroscience and uncover new treatments in areas such as depression and PTSD.

The call for reform has been endorsed by the British Neuroscience Association and the British Association for Psychopharmacology.

Maine Bill to Tax and Regulate Marijuana Like Alcohol Receives Near Majority Support in State House Vote

June 10th, 2013

A proposal to let Maine voters decide if marijuana should be regulated like alcohol received near majority support Friday in a vote of the Maine House of Representatives.

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Rep. Diane Russell

The proposed amendment to LD 1229, a bill introduced by Rep. Diane Russell (D-Portland) with a bipartisan group of 35 co-sponsors, was defeated 71-67. It would have placed a measure on the ballot calling on the Maine Department of Administrative and Financial Services, Bureau of Alcoholic Beverages, and Lottery Operations to develop rules and legislation for a legal marijuana market for adults 21 years of age or older. The proposal will now be considered in the Senate where it must receive a simple majority to be sent back to the House for reconsideration. A two-thirds majority will then be required to refer the measure to the ballot.

This is some of the highest level of support seen for such a bill in a state legislature. Recently, the Colorado legislature approved bills to establish regulations for the legal marijuana market. HB 1318 received votes of 37-27 in the House and 25-10 in the Senate. HB 1317 got 35-29 votes in the House and 32-3 in the Senate, and SB 283 was 62-3 in the House and 32-2 in the Senate.

As more and more states consider reforming their marijuana laws, we can hopefully expect the level of support to rise as more of their constituents come to see the failure of marijuana prohibition.

 

Colo. Attorney General: Treating Marijuana Magazines Like Porn is Unconstitutional

June 6th, 2013
Mason Suthers

MPP’s Mason Tvert debating Attorney General Suthers in 2006

Colorado’s staunchly anti-marijuana attorney general, John Suthers, has declared that a rule created by the legislature to treat marijuana-themed publications like pornography is unconstitutional and said the state will not defend it in court. His determination came after state marijuana regulators concluded that it was not constitutional and should not be enforced.

The Associated Press reports:

The magazine requirement was part of a larger set of laws enacted to state how the newly legal drug should be grown and sold. The behind-the-counter restriction was adopted after parents testified that their children should be protected from exposure to magazines touting the drug,  which remains illegal under federal law.

The resulting law left Colorado in an unusual position — one of only two states to allow recreational use of the drug,  while also the only state to restrict the display of publications about marijuana. The state’s decision to reject the magazine restriction was applauded by marijuana legalization activists.

“The idea that stores can prominently display magazines touting the joys of drinking wine and smoking cigars, yet banish those that discuss a far safer substance to behind the counter, is absolutely absurd,” wrote Mason Tvert,  who campaigned for Colorado’s pot law and now is spokesman for the Marijuana Policy Project.

Vermont Governor Signs Decriminalization Bill

June 6th, 2013
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Gov. Shumlin

This afternoon, Vermont became the 15th state to decriminalize marijuana possession (two others have made it legal). Gov. Peter Shumlin, a vocal champion of sensible marijuana policies, signed H. 200 at about 1:30 p.m.

Beginning on July 1, H. 200 will eliminate Vermont’s criminal penalties for possession of up to an ounce of marijuana and replace them with civil fines for adults and generally with diversion for those under 21. Click here for details on how H. 200 will change Vermont’s penalty structure.

William-Sorrell

Attorney Gen. Sorrell

This is a major victory for MPP and our legislative allies in Montpelier, who have worked hard to build support for this sensible reform.

The next step for Vermont policymakers will be to consider legal alternatives to the illicit market for marijuana. Attorney General William Sorrell has publicly argued in favor of decriminalizing plants, and many legislators have made the case for replacing marijuana prohibition with a taxed and regulated system.

Reefer Madness: Law Enforcement Targets Marijuana Activists in Philadelphia

June 5th, 2013

poeOn May 18th, The Panic Hour and PhillyNORML held “Smoke Down Prohibition V” in a free speech zone near the Liberty Bell in Philadelphia, PA. As the name suggests, this was the fifth such event they had organized. The previous four were well attended, with hundreds of legalization advocates attending and peacefully demonstrating against our country’s failed policy of marijuana prohibition. You can view video of the largest event, held on April 20th of this year, by clicking here.

The previous rallies went off without a hitch. Protestors were peaceful and respectful while law enforcement kept their distance and allowed them to voice their constitutionally guaranteed rights (as evidenced in this video, where National Park Police refuse to interfere with the event). This time, things were different. It was immediately clear from the outset that the police were taking a different approach to Smoke Down Prohibition V, from the very beginning the police presence was massive, with a couple dozen officers standing by and a newly erected fence in place to keep the attendees contained.

Smoke Down Prohibition V continued as planned, despite the inclement weather and ominous group of National Park Service Officers and Philadelphia Police keeping watch. Speakers addressed the crowd of about 100 through the rain and things seemed to be going smoothly. However, as The Panic Hour’s N.a. Poe began the countdown to 4:20, a time at which the crowd traditionally engages in a moment of “cannabis reflection,” the police made their move. Rushing past a crowd of people openly smoking cannabis, they stormed the stage and began the process of violently detaining several marijuana activists, including N.a. Poe, radio host Adam Kokesh, and New Jersey Libertarian candidate for Senate, Don DeZarn. The travesty that followed can be best understood by watching cell phone video captured from the scene below:


(Poe’s arrest starts around 1:50 mark, he is in the hat and yellow shirt being violently pinned to the ground by law enforcement.)

When the dust settled, several were detained and released. N.a. Poe and Adam Kokesh were taken into federal custody. For six days they were held in solitary confinement at a nearby federal detention center, with Poe being denied even a single phone call. The confinement was supposed to provide him with one hour out of solitary for every 23 hours he was in, but this often did not occur, with Poe spending over 36 hours straight in his cell at points. During these six days, he was also denied recreation, access to lawyers, and medical treatment.



Photo Credit: Vanessa Maria, The Panic Hour

When they were brought up for a hearing on their charges, Poe was charged with felony assault on a federal officer and resisting arrest though Kokesh ultimately had his charges dropped to citations. Unfortunately, Poe still must appear in court under these trumped up allegations, which it seems rather clear to any who watched the countless videos, filmed at multiple angles, never happened.

Despite law enforcement’s best efforts to silence him, Poe remains undaunted in his fight against our nation’s absurd marijuana policy. “The suppression of freedom of speech and targeting of activists expressing their views at the birthplace of liberty is a travesty that casts a bright light on the failure of marijuana prohibition at a federal level,” he stated.

N.a Poe and The Panic Hour have long been supporters and friends of NORML and the marijuana legalization movement and the seemingly purposeful targeting of him and several other marijuana activists is an appalling example of the lengths law enforcement will go to, not just to criminalize marijuana smokers, but to silence our ability to utilize our First Amendment rights speak out against this prohibition. NORML will keep you updated as his case moves forward, you can click here to learn more how you can help by supporting N.a. Poe’s legal defense fund.

Not ones to be intimidated, The Panic Hour and PhillyNORML will be hosting Smoke Down Prohibition VI on June 30th, featuring a pro-legalization march with the Cannabus and live comments from N.a. Poe (who will have to be video streamed in as the conditions of his release require him to stay off of federal park property). Stay tuned to The Panic Hour and PhillyNORML‘s facebook pages for more info very soon.

Minorities Disproportionately Arrested In U.S. For Marijuana

June 4th, 2013

The American Civil Liberties Union released a new report affirming NORML’s historic data that minorities are disproportionately arrested (and most certainly prosecuted and, worse, incarcerated) at a rate four times higher than whites for cannabis (based on per capita cannabis use rates).

In some midwest states–like Illinois, Iowa and Minnesota–minorities are arrested at rates eight times higher than whites.

ACLU’s report ‘The War On Marijuana/In Black And White‘ is a fascinating and well researched multimedia presentation about why America’s failed seventy-five year-old social experiment known as ‘Cannabis Prohibition’ must end, and new public policies created that reflect today’s public sentiment in favor of such reforms.

UFC Raises Marijuana Testing Threshold

June 3rd, 2013

Three weeks after the World Anti-Doping Agency (WADA) raised the testing threshold for marijuana metabolites from 15 nanograms per milliliter to 150 ng/ml, the UFC announced that it would follow suit.

The new rule will go into effect for all UFC regulated international events, including events held in Brazil.

The announcement came during last Friday’s meeting of the Nevada State Athletic Commission’s Steroid and Drug Testing Advisory Panel, which took place in Las Vegas.

“When we self-regulate around the world, we are going to go the WADA standard of 150,” said UFC Vice President of Regulatory Affairs Marc Ratner. “So we’re starting that immediately.”

Marc Ratner

Marc Ratner

There has been much outcry from the mixed martial arts (MMA) community over the organization’s – and state athletic commissions’ – severe stance on marijuana. The previous threshold of 15ng/ml resulted in Nick Diaz’s suspension and fine, Matt Riddle’s dismissal from UFC, Alex Caceres’ six-month suspension, and Pat Healy’s $130,000 loss in bonuses. The criticism has not been limited to the world of mixed martial arts, however. In March, MPP and boxing advocates publicly decried the $900,000 fine levied on Julio Cesar Chavez Jr. with a Las Vegas billboard and a petition to the Nevada State Athletic Commission.

The UFC’s evolving opinion of the drug is a positive step in protecting athletes who choose to use a safer substance than alcohol and it will enable regulators to focus their efforts on detecting competitors who take potentially dangerous performance-enhancing drugs. Now is the time for athletic commissions around the country to do the same.

Former Microsoft Manager Has Big Ideas About Pot

May 31st, 2013

Former Microsoft manager Jamen Shively wants to create the first national brand of retail marijuana and to open pot trade with Mexico. Shively plans to announce that and more in a Thursday news conference he says will feature Vicente Fox, the former president of Mexico. “Let’s go big or go home,” Shively said. “We’re going to mint more millionaires than Microsoft with this business.”

He’s acquiring medical-marijuana dispensaries in Washington and Colorado, he said, and plans to become the leader in both the medical and adult-recreational pot markets. He sees the marijuana market as the only one of its size in which there does not exist a single established brand.

He and Fox plan to announce a proposal for regulating the trade of marijuana between the two countries, he said.

Some details of the trade agreement remain to be worked out, such as how to get around international rules forbidding legal pot, Shively admitted.

“I don’t know how exactly that would be done, but I know it’s been done in other industries,” he said.

Alison Holcomb, primary author of the state’s legal-marijuana law, said Shively faces a huge obstacle in the federal government’s prohibition of marijuana.

“Having a national chain of marijuana-based companies is not only explicitly counter to the existing prohibition, but also counter to the government’s expressed concern about business growing too large,” said Holcomb, drug-policy director for the ACLU of Washington.

But Shively, 45, likened the federal prohibition to the Berlin Wall and said it’s crumbling, with fewer defenders every day.

He also said he’s created a way to shield investors from federal regulators at the Securities and Exchange Commission.

And, he contends a venture this size is too big to operate recklessly and take risks — such as diverting legal pot to black markets — that the federal government is most concerned about.

“What we’re all about is making it extremely professional and having the highest quality and efficiencies,” he said.

What if the feds were to come after him?

Shively paraphrased Obi-Wan Kenobi. “He said ‘Darth, if you strike me down I will become more powerful than you can possibly imagine.’”

If she were Shively’s attorney, Holcomb said, she’d advise him to read the so-called Cole memorandum from the U.S. Department of Justice. It “explicitly mentioned a concern with operations involving thousands of plants and millions of dollars” and is evidence of the federal concern with big pot businesses.

Shively, though, seems undeterred. He has become almost evangelical about pot and its benefits, particularly for medical patients, such as his father who has prostate cancer.

“I’ve just fallen in love with the plant,” he said. “Especially in the medical realm I’ve gone from entrepreneur to advocate to activist, seriously.”

Shively worked at Microsoft six years, he said, and had the title of corporate strategy manager. He said he’s been smoking pot for a year and a half.

Source: Seattle Times (WA)
Author: Bob Young, Seattle Times Staff Reporter
Published: May 29, 2013
Copyright: 2013 The Seattle Times Company
Contact: opinion@seatimes.com
Website: http://www.seattletimes.com/

Did Getting Arrested Change New York Lawmaker’s Position?

May 31st, 2013

UPDATE: Katz wrote this article Thursday explaining his voting history and personal feelings about medical marijuana.

On Wednesday, in an unofficial 80-59 vote, the New York Assembly passed legislation to reduce the penalty for publicly holding a small amount of marijuana. Only one Republican assembly member voted in favor of the bill: Steve Katz.

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Assemblyman Steve Katz

Originally a staunch prohibitionist, Katz voted against allowing medical marijuana in 2012, but a brush with the law this past March seems to have brought about a change of heart.

The state police stopped Katz for speeding on the state thruway and subsequently found less than 25 grams of marijuana in his vehicle; he later failed a drug test. Fortunately for the assemblyman, in accordance with a favorable plea deal, his drug charges will be dismissed after he completes a mere 20 hours of community service (and keeps out of legal trouble for six months).

Katz declined to discuss his vote on Wednesday when approached in the Assembly chamber. However, he did issue a statement later in the day saying he hopes the bill leads to “a broader discussion of our state’s policies.”

The bill, if passed, would lower the penalty for the public possession of less than 15 grams of marijuana from a misdemeanor to a violation. It now faces an uncertain fate in the Senate.