Archive for the ‘United States Cannabis News’ 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 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

Lt. Gov Supports Medical Marijuana

May 12th, 2013

Lt. Gov. Sheila Simon said she is in favor of a bill allowing the medical use of marijuana, explaining Sunday that testimony from seriously ill veterans and other patients helped change her mind.

“As a former prosecutor my first reaction was, ‘I’m not interesting in changing our laws on medical marijuana,’” she told The Associated Press in an interview Sunday. But she said that after hearing from patients and reading up on the bill, she’s convinced the regulations are strict enough. Backers of the measure, which has cleared the Illinois House and awaits a Senate vote, have said the same thing.

The plan, touted as the strictest in the nation among states that have legalized medical marijuana, would authorize physicians to prescribe marijuana to patients with whom they have an existing relationship and who are living with at least one of more than 30 medical conditions, including cancer.

The proposal creates a framework for a pilot program that includes requiring patients and caregivers to undergo background checks. It also sets a 2.5-ounce limit per patient per purchase and sets out state-regulated dispensaries.

Supporters say marijuana can relieve continual pain without the detrimental side effects of prescription drugs. But opponents say the program could encourage recreational use, especially among teenagers.

The Illinois Association of Chiefs of Police and the Illinois Sheriffs’ Association are opposed to the measure, saying there’s no sure way to figure out whether a motorist is driving under the influence of marijuana.

But Simon told the AP the bill is strict enough to prevent misuse.

“It does a good job of both getting medical marijuana to people who need and keeping it away from those who don’t,” she said.

Gov. Pat Quinn, a Chicago Democrat, has been noncommittal whether he would sign the bill, saying instead that he is open-minded to the idea.

Simon is weighing a run for another statewide office instead of seeking another term as lieutenant governor. The Carbondale Democrat declined Sunday to say which office she will run for, saying she will wait to see how other shape up.

Simon is likely choosing between Illinois’ attorney general, comptroller or treasurer. In recent months, Simon has played up her law-related background and accomplishments including as a pro bono lawyer and prosecutor.

Her decision comes as the 2014 governor’s race is heating up and Illinois Attorney General Lisa Madigan is weighing a possible challenge to Quinn.

The bill is HB1.

Online: http://www.ilga.gov

Source: Associated Press (Wire)
Author: Sophia Tareen, Associated Press
Published: May 10, 2013
Copyright: 2013 The Associated Press

Medical Marijuana Supporters Push For Legalization

May 6th, 2013

Legislators are disagreeing on a lot of big issues, but they found a bit of common ground Thursday — medical marijuana.

It’s too late to push a bill through this session, but about 40 legislators in both parties, including more than a dozen committee chairmen, sent a strong signal that they want to add Minnesota to the 18 states where marijuana can be legally prescribed.

Legislators passed the legalization of medical marijuana in 2009, but were stopped by Republican Gov. Tim Pawlenty, who vetoed the bill.

Now they’re ready to try again, in part because of such Minnesotans as Joni Whiting, of Jordan. Whiting watched as her 26-year-old daughter, Stephanie Whiting Stradinger, endured surgeries for malignant melanoma that ate away her face and ultimately took her life. There was just one thing, Whiting said, that eased her daughter’s suffering, and getting it meant her entire family had to break state law.

“They cut her face off, one inch at a time, until there was nothing left to cut,” Whiting said at a Thursday news conference, holding up a picture of Stradinger, smiling and lovely. She then covered it with a later photo of her daughter, her face flayed open and raw from treatments for the melanoma that started to grow on her cheek during her third pregnancy.

“The pain she was experiencing was unimaginable and the nausea was so severe that it became difficult for her to eat,” Whiting said. “That was when a doctor at the hospital pulled me aside and told me that Stephanie might benefit from using marijuana.”

The legislation proposed Thursday would allow doctors or other medical professionals to write prescriptions for up to 2.5 ounces of marijuana for patients with “debilitating” medical conditions. Those conditions include cancer, multiple sclerosis, glaucoma and post-traumatic stress.

The marijuana would be available through licensed dispensaries that would grow the drug on site in locked greenhouses. Patients in remote areas could be licensed by the state to grow a small number of marijuana plants for their own use.

But is a state that doesn’t allow wine sales in grocery stores ready to legalize marijuana dispensaries?

The issue is not one that breaks along party lines.

Like Pawlenty, DFL Gov. Mark Dayton opposes legalization, and for the same reason — law enforcement agencies are firmly against it.

Rep. Carly Melin, DFL-Hibbing, is a chief sponsor in the House, joined by Republican Rep. Tom Hackbarth, of Cedar. For Hackbarth, the cause is painfully personal. His wife is terminally ill.

“It’s a matter of the quality of life in the final days for me,” Hackbarth said. “We’re introducing it now so we can gain support, talk to legislators and then really hit the ground running when the session starts next year.”

But even if the House and Senate pass a bill to legalize medical marijuana next year, they face a formidable obstacle in the governor’s office.

“The governor will not be able to support the legalization of medical marijuana as long as law enforcement is opposed,” Dayton spokeswoman Katharine Tinucci said. “If advocates are able to reach an agreement with law enforcement, the governor would consider the measure.”

Police officials remain deeply skeptical. Legal marijuana greenhouses won’t make the job of clamping down on illegal drug use any easier, they warn.

“It is an absolute regulatory and enforcement nightmare,” said Dennis Flaherty, executive director of the Minnesota Police and Peace Officers Association. “We are not convinced that there really is a medicinal purpose to marijuana. … We see marijuana as a harmful drug and a gateway drug.”

But Whiting doesn’t want the governor to wait until law enforcement officials are on board with medical marijuana. Smoking the drug, she said, was the only thing that gave her daughter relief before her death in 2003 at age 26.

“He’s the governor and he should lead,” she said. “It’s his responsibility to lead, and then it’s law enforcement’s responsibility to do what he says.”

Source: Minneapolis Star-Tribune (MN)
Copyright: 2013 Star Tribune
Contact: http://www.startribunecompany.com/143
Website: http://www.startribune.com
Author: Jennifer Brooks

Proposals Would Legalize Marijuana in Ohio

May 3rd, 2013

As poll numbers show Ohioans are growing increasingly comfortable with the idea of marijuana use, a Youngstown Democrat wants to give people the chance to make the drug fully legal in Ohio.

Rep. Robert F. Hagan has made a few attempts over the years to persuade his colleagues to allow for the use of medical marijuana in Ohio, and each effort has died a quiet death. A spokesman for Speaker William G. Batchelder, R-Medina, declined to comment on the pair of proposals Hagan introduced yesterday.

One is a bill that would allow patients with certain chronic conditions such as cancer or sickle-cell anemia to use marijuana for treatment. Eighteen other states have approved similar measures.

“In addition to the studies that show marijuana to be a valuable treatment option for chronic pain, nausea and seizure disorders, I have heard countless stories of how cannabis has made a difference in the lives of people who are sick or dying,” Hagan said.

His other proposal, modeled after an amendment recently passed in Colorado, would ask voters to approve allowing people 21 or older to purchase and use marijuana. The drug could be sold only by state-licensed establishments and would be subject to a 15 percent excise tax.

“With billions upon billions spent on the war on drugs with little progress to show for it, it is time for more-sensible drug policy in this country,” Hagan said, arguing that the revenue could help restore cuts to education and local governments.

It takes a three-fifths vote for the legislature to put an issue on the ballot.

A recent Saperstein Associates poll of more than 1,000 Ohioans for The Dispatch found that legalizing medical marijuana was overwhelmingly favored, 63 percent to 37 percent, but making pot completely legal was opposed by a 21-point margin.

Martin D. Saperstein, head of the Columbus polling firm, noted that surveys in other states are finding growing acceptance of legalizing marijuana, especially if it would be regulated and taxed.

The Ohio Ballot Board last year approved language for two medical-marijuana issues, though neither appears likely to collect the 385,000 signatures needed to qualify for the November ballot. One group has reorganized, calling itself OhioRights.org, and plans to submit a new petition that will include legalized growing of hemp, a plant related to marijuana.

Source: Columbus Dispatch (OH)
Author: Jim Siegel, The Columbus Dispatch
Published: Friday May 3, 2013
Copyright: 2013 The Columbus Dispatch
Contact: letters@dispatch.com
Website: http://www.dispatch.com/

Federal Suit Claims Police Distort MJ Searches

May 2nd, 2013

One man was walking home with groceries. Another was on a break from his job at a meat market. A third was walking down the street listening to headphones.

That is when the men say police officers confronted them, sometimes violently, searched their clothing and discovered small amounts of marijuana, according to a federal civil rights lawsuit that is expected to be filed on Thursday in United States District Court for the Southern District, in Manhattan.

The lawsuit, filed on behalf of five Bronx men, contends that New York City police officers routinely stop black and Latino men without cause and then charge them with low-level misdemeanors when their pockets are emptied and small amounts of marijuana are found.

In each of the cases, the amount of marijuana found on the men would have amounted to little more than noncriminal violations punishable by a fine of up to $100 for first-time offenders. But the lawsuit contends that the charging officers falsely claimed the marijuana was in public view, making it a low-level misdemeanor under Section 221.10 of the New York Penal Code, which allows for sentences of up to three months in jail.

Critics of the Police Department say the practice, which they call manufactured misdemeanors, is widespread. The arrests are often the outgrowth of the department’s stop-and-frisk program, which is being challenged in federal court for, among other things, disproportionately targeting black and Hispanic men.

The lawsuit names the city, the department and several officers and supervisors as defendants. It was filed by the Bronx Defenders, which represents low-income defendants, and the law firm of Emery Celli Brinckerhoff & Abady L.L.P. A similar lawsuit filed by the Legal Aid Society is pending in state court in Manhattan.

A spokeswoman for the city’s Law Department declined to comment on Wednesday, saying the city had not yet been served with the lawsuit.

The Police Department charged more than 50,000 people with marijuana misdemeanors in 2011. More than 84 percent were black or Hispanic, a disparity that is even more pronounced in the Bronx.

In an effort to limit these arrests, Gov. Andrew M. Cuomo has made decriminalizing small amounts of marijuana in open view one of his top goals this legislative session. The Legislature failed to act on a similar measure last year, despite support from Mayor Michael R. Bloomberg and the police commissioner, Raymond W. Kelly.

Though state law calls for misdemeanor cases to be tried within 60 days, the time limits are seldom met, the lawsuit contends. People arrested in the Bronx have it even worse; a recent series of articles in The New York Times revealed a dysfunctional justice system plagued by long delays that often make it all but impossible for people charged with misdemeanors to ever reach trial.

Two of the plaintiffs in the lawsuit, Francisco Zapata and Danilo Melendez, were featured in one of the articles. They endured long delays and made frequent court appearances waiting for trial before the charges against them were finally dropped.

A version of this article appeared in print on May 2, 2013, on page A20 of the New York edition with the headline: Federal Suit Claims Police Distorted Marijuana Searches to Create Misdemeanors.

Source: New York Times (NY)
Author: Ray Rivera
Published: May 2, 2013
Copyright: 2013 The New York Times Company
Contact: letters@nytimes.com
Website: http://www.nytimes.com/

Marijuana Taxes Prove Sticking Point in Colorado

May 1st, 2013

Marijuana as a potential tax bonanza has Colorado lawmakers wrestling with a question both sides say they don’t know how to answer: How much will people pay for legal weed?

The state House advanced a taxing measure Monday to levy a pot tax in excess of 25 percent, a reduction from the 30 percent rate lawmakers considered last week.

The proposal sparked a lively floor debate over the proper tax rate for a drug that’s never been taxed before. Democrats argued that voters want high pot taxes, and that consumers will gladly pay a premium for the assurances that would come from a regulated and legal drug supply.

“We need to responsibly tax it,” said the measure’s sponsor, Rep. Jonathan Singer, D-Longmont.

He predicted Colorado voters would happily sign off on marijuana taxes. Colorado law requires voters to approve new taxes.

Republicans argued against the taxes, though. They pointed out that Colorado voters have a history of rejecting tax hikes, even for popular public programs, and that the public’s desire for a marijuana windfall may not materialize unless the tax rate is lower.

“Taxation of marijuana is right, just, and proper. But we have make sure this passes,” said House Republican Leader Mark Waller.

Other Republicans noted that marijuana taxes would be in addition to hefty licensing and application fees to enter the business. The result, they feared, could be the retention of a black market for pot. The measure approved by voters last year allows not just retail pot sales, but also home marijuana growing, raising the specter of plentiful homegrown weed to compete with the taxed marijuana.

“The consensus has always been that the industry needs to pay for itself … but whether we like it or not, there’s already an entrenched black market in place,” said Rep. Dan Nordberg, R-Colorado Springs.

The tax debate came after a largely party-line vote on a separate marijuana bill to regulate how the newly legal drug can be grown, packaged and sold.

Among other things, that bill requires potency labels, serving-size limits on edible pot and purchasing limits for out-of-state buyers. The regulation bill also revives a marijuana blood-limit standard for drivers, a proposal that has failed four times in the Senate. The House vote Monday to revive the DUI standard renews the battle.

A third marijuana bill awaits action in the Senate. That measure includes less controversial pot regulations, such as a new crime of providing marijuana to people under 21.

Washington and Colorado, the only two states that have legalized pot for recreational use, are still awaiting federal response to the votes. Marijuana remains illegal under federal law, even for medical use.

Online:

Marijuana regulation bill: http://bit.ly/11RIeiY

Marijuana tax bill: http://bit.ly/12ekKlF


Source: Associated Press (Wire)
Author: Kristen Wyatt, Associated Press
Published: April 29, 2013
Copyright: 2013 The Associated Press

An Unlikely Defender Of State Pot Laws

April 30th, 2013

Orange County Rep.  Dana Rohrabacher Is Hoping More Colleagues Are Starting to See Things His Way.

WASHINGTON – For more than a decade, conservative Orange County Rep.  Dana Rohrabacher has formed an unusual alliance with liberals on an unexpected topic – the defense of marijuana.

Rohrabacher ( R-Huntington Beach ) and his allies have so far waged a futile effort to pass legislation that would prevent federal authorities from interfering with medical marijuana use in California and other places where pot use is permitted by state law.

But as more states have moved to allow the drug’s use, Rohrabacher believes his Respect State Marijuana Laws Act may be gaining momentum in Congress.

The recently reintroduced measure would shield from federal prosecution people acting in accordance with their states’ marijuana laws, including new Colorado and Washington laws that allow adult recreational use of the drug.

“The prospects are much better now,” said Rohrabacher, whose co-sponsors include Rep.  Barbara Lee ( D-Oakland ), a Bay Area liberal who is usually about as far apart ideologically from Rohrabacher as anybody in Congress.

Still, Rohrabacher has his work cut out for him.  The House last year soundly rejected, by a 262-163 vote, an effort he led to block the use of federal funds to prevent states from implementing medical marijuana laws.  Only 28 Republicans supported the measure.

Rohrabacher has a libertarian bent but became more interested in the medical benefits of marijuana after having to spoon-feed his dying mother because of her loss of appetite.  He has talked about the relief that marijuana might have afforded her.

He has been emboldened by a recent Pew Research Center poll that showed respondents, by nearly 2 to 1, believe the federal government should not enforce federal laws prohibiting the use of marijuana in states where it is legal.

Perhaps as important as the shifting public opinion, he said in an interview, is his colleagues’ eagerness to erase Washington’s red ink.  Substantial majorities of Republicans and Democrats in the Pew survey regarded federal enforcement of anti-marijuana laws as not worth the cost.

“If people of the states recognize what a waste of limited resources this is, then the federal government should respect what the people of those states want for their own criminal justice system,” Rohrabacher said.

Since 1996, when California became the first state to legalize the drug’s use for medical treatment, 17 other states and the District of Columbia have approved medical marijuana measures.  Last year, Colorado and Washington state voters opted to allow recreational users to possess an ounce of marijuana.  A move is underway to put a measure on the Alaska ballot to permit recreational use of the drug.

Efforts are underway in other states, including Idaho, Illinois and New Hampshire, to allow medicinal use of marijuana.

Rohrabacher also is hoping to convince GOP colleagues that his bill fits with the party’s traditional support for states’ rights.

“It is time that we respect states’ rights, get serious about prioritizing our federal government’s activities, and show some common sense and compassion when dealing with the sick among us,” Rohrabacher said last year when he proposed his measure.

However, Rep.  Frank R.  Wolf ( R-Va.  ), chairman of the appropriations subcommittee that oversees Justice Department spending, responded at the time: “If a state said sex trafficking is OK, would we honor that?…  States, in the past, have done some things that have not been good in this country.”

The president’s drug czar, R.  Gil Kerlikowske, recently said at the National Press Club that the Justice Department was responsible for enforcing the Controlled Substances Act, and “that remains unchanged.  No state, no executive, can nullify a statute that’s been passed by Congress.”

Kevin Sabet, a former advisor to Kerlikowske, said Rohrabacher’s latest attempt would “likely suffer the same fate as his several previous attempts that have failed over the past decade.”

Steve Fox, national political director for the Marijuana Policy Project, which promotes legalization, regards the bill as a long shot in this congressional session.  But he said the legislation “sends the message that it is simply not a rational use of federal law enforcement resources to prosecute and imprison individuals who are acting in compliance with state marijuana laws.”

Source: Los Angeles Times (CA)
Copyright: 2013 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/
Author: Richard Simon

A Smarter Federal Path on State-Voted MJ Laws

April 29th, 2013

The time is at hand for the Obama administration to stop dithering, to take a clear position on the rights of Washington state and Colorado — and by precedent all others — to experiment with legalized marijuana.

That’s what Govs. Jay Inslee of Washington and John Hickenlooper of Colorado are asking the Justice Department to do — even though they personally opposed the marijuana legalization measures their voters approved last November.

The governors insist they can make their states’ new laws work well through responsible regulations that license, regulate and tax the production and sale of marijuana. New state labeling laws, say supporters, will also remove confusion and dangerous use levels by showing the potency in terms of THC, the psychoactive component of the cannabis plant, analogous to the labeling of alcoholic beverages.

Clearly it’s a direction the American people — who favor marijuana legalization 52 to 41 percent in recent polling — would approve.

A collaborative approach would be consistent with President Obama’s own marijuana history — a substance he tried himself as a youth. Asked last December about the Colorado and Washington legalization votes, he told Barbara Walters “It would not make sense for us to see a top priority as going after recreational users in states that have determined that it’s legal,” because “we’ve got bigger fish to fry.”

But Mr. President, there are serious issues to resolve. As personal purchase and use of marijuana are permitted in some states, can the practice really be contained at state borders? Will television, Web and print advertising be allowed? Will the legalizing states allow many small or just a few large suppliers? How much marijuana will be eligible for sale at one time? How will “marijuana tourism” — out-of-state visitors coming just to stock up — be handled? Will retail outlets be allowed near a state’s borders?

And then questions that undecided states may want to hear answered: Will the big tax revenues that marijuana supporters predict actually come true? Will driving under the influence of marijuana prove a real problem — and if so, how will it be controlled? Or on the health front: Will freely available marijuana help returning veterans suffering from PTSD? And generally, will it lead to more or less use of a substance we know is clearly dangerous: alcohol?

Those are the types of intriguing questions that journalist-scholar Stuart Taylor Jr. probes in a newly released Brookings Institution policy paper — “Marijuana Policy and Presidential Leadership: How to Avoid a Federal-State Train Wreck.”

Central to his case: the argument for an early, upfront agreement by the Obama administration and the states. Because the opposite — a fierce federal crackdown on Colorado and Washington state’s licensed marijuana producers and sellers — could well “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.”

And back to Obama — what about the U.S. Justice Department? It could use threats of conspiracy prosecutions to scare off applicants for state licenses to grow and sell marijuana. But there are federalism barriers: Washington can’t directly force states to enforce federal law. And there are only 4,400 federal Drug Enforcement Administration agents — “nowhere near enough,” Taylor suggests, “to restrain the metastasis of the grow-your-own-and-share marijuana market” — with small-time criminals crowding in — “that state legalization without regulation would stimulate.”

The recent precedents aren’t good. Faced by 18 states’ laws already allowing marijuana for medical use, the Justice Department has swung back and forth from general permissiveness to cracking down unmercifully in individual cases.

A crux of the problem is the federal Controlled Substances Act of 1970, which insists that marijuana has no medicinal properties — an assertion “on its face nonsensical,” says Rep. Earl Blumenauer, D-Ore.

But the law’s criminal sanctions for cultivating, possessing or distributing marijuana aren’t alone, notes Taylor. The statute also instructs that the attorney general “shall cooperate” with states on controlled substances, with power “to enter into contractual agreements … to provide for cooperative enforcement and regulatory activities.”

This is the opening, Taylor argues, that the Obama administration should take to negotiate with the states legalizing marijuana use — a process that would lead them toward careful regulation and standards, and away from the threat of irrational federal prosecutions.

In a more sensible world, Congress would be rewriting the Controlled Substances Act to reclassify marijuana as the relatively low-risk drug it clearly is. But who’d expect this Congress to do anything so rational?

That leaves states to regulate carefully on their own. And a clear challenge for Obama. Here’s a president who’s been bold enough to jump ahead of Congress on issues ranging from gay marriage to amnesty for DREAM Act immigrants. So now, why not smooth the way to marijuana reform when states choose it?

Copyright: 2013 Washington Post Writers Group

Source: Seattle Times (WA)
Author: Neal Peirce, Syndicated Columnist
Published: April 27, 2013
Copyright: 2013 The Seattle Times Company
Contact: opinion@seatimes.com
Website: http://www.seattletimes.com/