Archive for the ‘prohibition’ category

New York Times Calls For End of Marijuana Prohibition

July 28th, 2014

The New York Times — the “national newspaper of record” — published a historic editorial this weekend calling for an end to marijuana prohibition! Read it here and share it with your friends.

NYT editorial

New York Times: End Prohibition, Again

July 26th, 2014

Tomorrow’s Sunday New York Times’ editorial calling for an end to cannabis prohibition in America, affirms in my mind, after nearly twenty four years publicly advocating for cannabis law reforms at NORML, the end of cannabis prohibition in our nation is nearly upon the rest of the country (beyond Colorado and Washington State, where cannabis is taxed and regulated like alcohol products for responsible adult use). This is the same editorial board and opinions page that would with great frequency in the 1980s/90s publish some of the most stridently pro-cannabis prohibition editorials and columns found anywhere in the world, let alone from the urbane and ‘liberal’ New York Times, led by ardent cannabis foe, former editor and columnist A.M. Rosenthal.

Also included, informative editorial writing and excellent up-to-date map of all of the variations on cannabis law reform that have happened at the state level, putting evermore upward political pressure on the federal government to both end cannabis prohibition and severely down schedule the herbal drug.

Lastly, the dramatic change in Americans’ public attitude in favor of ending cannabis prohibition is well documented here.

A great sign of the times…the multidimensional pro-reform editorial ends with this nod to cannabis culture: On Monday at 4:20 p.m. Eastern Time, Andrew Rosenthal, the editorial page editor, will be taking questions about marijuana legalization at facebook.com/nytimes.

Andrew Rosenthalthe son of A.M. Rosenthal.

Times in America regarding cannabis have changed, and, accordingly, so too has the New York Times.

Sen. Rand Paul Proposes Amendment to Protect Marijuana Laws

July 25th, 2014
Senator Rand Paul (R-KY)
Senator Rand Paul (R-KY)

On Thursday, Sen. Rand Paul proposed an amendment that would keep the federal government from prosecuting medical marijuana patients and physicians as well as interfering with states that implement medical marijuana laws, Huffington Post reports. The amendment was added to a jobs bill currently being heard on the Senate floor. Senator Paul’s communication director, Brian Darling, explained the senator’s move. “What we’re trying to do is look at the law and allow states that have changed their laws and have allowed medical marijuana to do so, for doctors to be able to prescribe and for people to be able to get those prescriptions without being worried about the federal government coming in and arresting them.”

Senator Paul has proposed similar legislation in the past, such as an amendment that would restrict the DEA and federal prosecutors from pursuing medical marijuana users and distributors that are in compliance with state law. “The effort before was to defund prosecutions — so it would block the federal government from prosecuting until that appropriations bill runs out about a year later.” Said Darling. The Senate is unlikely to vote on Senator Paul’s amendment due to gridlock, but Paul’s office has made it clear they are prepared to pursue similar legislation in the future.

Rand Corporation to Consult on Marijuana Study in Vermont

July 21st, 2014
Governor Peter Shumlin
Governor Peter Shumlin

Beginning this week, the Rand Corporation will send representatives to Vermont to work with the state’s Secretary of Administration on a study of the effects of taxing and regulating marijuana similarly to alcohol, the Manchester Journal reports.This research was mandated by an amendment to a bill that made several improvements to Vermont’s medical marijuana law. Vermont will be funding the initial part of the study, paying Rand $20,000, with up to $100,000 in private donations coming from the non-profit organization GiveWell. Rand Corporation is a non-partisan organization with no official position on marijuana legalization.

Governor Peter Shumlin, Commissioner Keith Flynn of the Department of Safety, and other top officials have expressed interest in learning more about how marijuana regulation would impact Vermont. State Senator David Zuckerman, who sponsored a marijuana regulation bill this year, said he was enthusiastic about the study process: “I think the study will help with legislators and the public who inherently think it’s a good idea but want evidence they can hold up to show people.” Matt Simon, MPP’s New England political director, said, “The narrative from Colorado has been ‘so far, so good.’ The sky clearly hasn’t fallen.” The report is due to be completed by January and lawmakers hope that it will lead to an informed debate on marijuana policy in the coming legislative session.

Hundreds of Low-Level Marijuana Offenses Could Be Thrown Out in Brooklyn

July 18th, 2014

The Brooklyn District Attorney, Kenneth Thompson, has assembled a team that is reviewing hundreds of low-level marijuana offenses that the department could decline to prosecute, DNAinfo reports.Last week, Thompson laid out his plan to cease prosecution of minor marijuana arrests. The team, comprised of prosecutors from the Early Case Assessment Bureau, is currently examining a number of these cases on a case-by-case basis to determine if individuals in question merit spending time and money to prosecute. This practice will continue in Brooklyn from this point forward. Thompson hopes that Brooklyn will become an example for the nation. He said, “We have not found any other DA in the country where marijuana is illegal who’s willing to take a different approach like [Brooklyn’s]. We think it’s important.”

Thompson went on to say that he is not worried about the New York Police Department’s vow to continue making arrests for low-level marijuana offenses, as he says the DA’s office and the NYPD “don’t have identical interests.” He continued, “We’re not asking the NYPD to do anything differently. If they find someone who’s committed an offense, they have the right to arrest that person. What we’re saying is, once the person has been arrested and we get notified, then we have an obligation to look at the facts of each case and to determine whether we should spend resources on prosecuting that case.” Thompson said that the new policy is the culmination of his vow to keep young people out of the criminal justice system.

House Approves Amendment to Help Marijuana Businesses

July 17th, 2014
Denny Heck
Representative Denny Heck (D-WA)

The House of Representatives approved an amendment Wednesday that will facilitate marijuana businesses in working with banking institutions, International Business Times reports. The Heck Amendment, named after its sponsor Rep. Denny Heck (D-WA), was approved by a vote of 231-192. The amendment effectively blocks the SEC and Treasury Department from penalizing banks who lend money to legitimate marijuana businesses in areas where they can legally do business. The Heck Amendment was supported by both parties and represents growing bipartisan support of marijuana businesses, especially after the recent vote by Congress to defund the DEA’s ability to interfere with medical marijuana patients and businesses that are in compliance with state law. If the Heck Amendment is implemented, it will be a major victory in the effort to allow legitimate businesses to control the marijuana market.

In the past, many financial institutions have shied away from assisting marijuana businesses for fear that the federal government will go after them for it, forcing most to operate on a cash-only system. Because of this, they are required to transport thousands of dollars physically, making them targets for robberies and other crimes. Wednesday’s vote is the first step towards allowing legitimate marijuana businesses to utilize alternative forms of payment, such as credit cards and bank accounts, like all other businesses.

NOBLE President Takes Marijuana Laws to Task

July 16th, 2014
John-Dixon
Chief John Dixon III

The president of the National Organization of Black Law Enforcement Executives (NOBLE) expressed on Tuesday that he believes marijuana laws are total failures, reports mlive.com. John Dixon III is a police chief from Petersburg, VA and spoke at the annual NOBLE conference, saying that law enforcement is too concerned with arresting people for minor marijuana offenses that can irreparably harm those who are charged. He said, “We, as law-enforcement professionals, we need to really take a look at how we can decriminalize marijuana, especially user amounts. We are locking people up for a dime bag, for a joint. They’re put in the criminal-justice system which pretty much ruins the rest of their lives.” Dixon went on to discuss how he believes that medical professionals should be in charge of dealing with drug use and addiction, commenting, “Why do I have to lock you up for that? What benefit am I giving you, then? We have to get out of the business. That should be the focus of the medical field.”

The ACLU and others have noted that marijuana laws are disproportionately enforced against minorities across the country, despite similar use rates across racial demographics.

Dixon is far from the only law enforcement officer expressing his displeasure with prohibition. Major Neil Franklin, executive director of Law Enforcement Against Prohibition (LEAP), attended the seminar on Tuesday and insisted that law enforcement officers push to decriminalize marijuana by giving voice to the problems marijuana laws pose as seen by those who deal with them in the field every day.

 

Chicago Committee to Implement Illinois’s Medical Marijuana Program

July 14th, 2014

Until now, Chicago has been unable to take advantage of Illinois’s medical marijuana law. However, the Chicago Sun Times reports that the Chicago Joint Committee on Administrative Rules will meet tomorrow to discuss how they would implement the medical marijuana pilot program. If there are no objections in the committee, the process of registering patients, as well as dispensaries and cultivation centers, can begin. Should the committee do this, people with debilitating medical conditions would be able to apply for a registry identification card in September. The medical marijuana distributed would have to be grown in state by law and should be available to patients within four to six months of the start of cultivation.

MPP estimates that at least 10,000 people could qualify as patients in Chicago. Chris Lindsey, one of MPP’s legislative analysts, believes that Illinois will move faster than other states with their medical marijuana program. Lindsey said, “A lot of people now know about medical marijuana. They’ve heard about this in Illinois.” If the committee moves forward without delay, medical marijuana would most likely be available in Chicago by 2015.

The Smell of Marijuana is No Longer Justification for Searches in Massachusetts

July 11th, 2014

The Supreme Judicial Court of Massachusetts ruled Wednesday that police officers cannot search vehicles based solely upon the smell of unburnt marijuana, Boston.com reports. The court had previously decided that warrantless searches of pedestrians or cars for the smell of burned marijuana were illegal in 2011. They believed that allowing unwarranted searches based on the smell of marijuana would be inconsistent with the 2008 law that decriminalized marijuana in Massachusetts. The ruling on Wednesday was based on the fact that the human nose cannot discern the presence of a criminal amount of marijuana as opposed to a non-criminal amount. Possession of less than an ounce is not a crime in Massachusetts and, as the police cannot reliably distinguish criminal amounts of marijuana by smell, searches would not be legal. The justices wrote, “We are not confident, at least on this record, that a human nose can discern reliably the presence of a criminal amount of marijuana, as distinct from an amount subject only to a civil fine.”

The court said this decision was consistent with the will of the people who want the police to focus on more serious crimes. The court rejected the argument from law enforcement that they can search vehicles based on the smell of marijuana because possession of marijuana is still a criminal offense under federal law. Justice Barbara Lenk said, “The fact that such conduct is technically subject to a Federal prohibition does not provide an independent justification for a warrantless search.”

Montgomery County Council Urges Maryland Assembly to Decriminalize Paraphernalia

July 9th, 2014

On Tuesday, the Montgomery County Council unanimously adopted a resolution de-prioritizing certain marijuana offenses and urging the state to decriminalize possession of marijuana paraphernalia. This is just the latest step towards humane and sensible marijuana policies in Maryland.

The county’s resolution comes on the heels of Gov. Martin O’Malley signing into law SB 364, which will impose civil fines — not criminal penalties — on possession of less than ten grams of marijuana. The law, which goes into effect October 1, did not include paraphernalia. Montgomery County’s resolution urges the state to fix that by making “adult paraphernalia possession a civil offense, no more serious than adult possession of less than 10 grams of marijuana.” It also states that simple possession of marijuana and paraphernalia should be the lowest law enforcement  priority in the county. Read the full text here.

While we support the effort to include paraphernalia in Maryland’s decriminalization law, the state should go beyond that reform and follow the leads of Colorado and Washington. Colorado opened its first legal adult use marijuana stores in January, and the first adult use stores in Washington State just went live today. It’s time for Maryland to end its costly and destructive criminalization of marijuana and replace it with sensible regulations and taxation.

If you are a Maryland resident, please let your legislators know that you support adopting a system of taxation and regulation of marijuana.