NORML’s Weekly Legislative Round Up

Yesterday’s NORML blog post notwithstanding, a number of state legislatures continue to move forward in support of sensible marijuana law reform.

Here are some highlights and ways you can help.

Rhode Island: House members overwhelmingly approved legislation last week regulating the establishment of state-licensed ‘compassion centers’ to manufacture and provide medical marijuana to authorized patients. Rhode Island’s legislature is the first state on the east coast to move forward with such legislation, which was approved by a vote of 63 to 5 in the House and 35 to 2 in the Senate. The margins are large enough to override a veto from Republican Gov. Donald Carcieri, who has voiced opposition to the measure. If you live in Rhode Island and want to learn more about this effort, please visit: http://ripatients.org.

Illinois: On Wednesday members of the Illinois Senate passed SB 1381, the Compassionate Use of Medical Cannabis Pilot Program Act. UPDATE! On Thursday, members of the House Human Services Committee also passed the bill, and the full House is expected to act on it imminently. If you live in Illinois, you can voice your support in favor this legislation by going here and here. UPDATE#2! The House convened for its summer session without taking a floor vote on SB 1381. House members may decide to take up the issue later this fall or next spring.

New Hampshire: As we reported yesterday, lawmakers are still trying to negotiate a compromise with Democrat Gov. John Lynch, who has threatened to veto medical marijuana legislation recently passed by the House and Senate. Our allies on the ground, NH Compassion, are encouraging voters to contact Gov. Lynch and urge him not to stand in the way of medical marijuana law reform. You can contact the governor by going here and here.

New Jersey: Members of the state assembly Health and Senior Services Committee are scheduled to hear testimony in favor of A 804, the New Jersey Compassionate Use Medical Marijuana Act, on Thursday, June 4, at 10am. (Full details available online here.) A companion bill, S 119, has already been approved by the Senate, and Democrat Gov. John Corzine has promised to sign medical marijuana legislation into law if it reaches his desk. You can help support this campaign by going here and by contacting your member of the assembly here.

Delaware: Members of the Senate Health and Human Services Committee are considering legislation, SB 94, to allow for patients with a debilitating medical condition to grow and possess cannabis. The proposal is the first marijuana law reform bill to be before lawmakers in recent memory. Proponents can contact their senate members in support of the measure here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s Take Action page here.

Want To Know Why Pot Is Illegal? Ask Your Governor (Again)

Nearly eight months ago I posted the following essay to NORML’s blog, entitled: “Want To Know Why Pot Is Still Illegal? Ask Your Governor.”

Marijuana law reformers, myself included, have spilled volumes of ink commenting on the numerous reasons and vested interests responsible for the continued prohibition of cannabis. But while these lengthy writings may be worthwhile intellectual exercises, I fear that they overlook the obvious.

That’s why, right now, I’d like to give you seven specific reasons why the use of cannabis by adults — including seriously ill patients — remains a crime in America. Ready? Here they are:

Governor Donald Carcieri (R-Rhode Island)
Governor James Douglas (R-Vermont)
Governor Linda Lingle (R-Hawaii)
Governor John Lynch (D-New Hampshire)
Governor Tim Pawlenty (R-Minnesota)
Governor Jodi Rell (R-Connecticut)
Governor Arnold Schwarzenegger (R-California)

Each of these Governors have single-handedly opted to kill marijuana law reform legislation in their states — either by the stroke of a pen (Carcieri, Lingle, Rell, Schwarzenegger) or by applying enough legislative pressure to abruptly halt ‘pro-pot’ proposals from ever reaching their desk.

Why am I reposting this now? Simple, because the more things change the more they stay the same.

On Friday, Minnesota Gov. Tim Pawlenty vetoed legislation that would have allowed terminally ill patients the legal right to possess and use (but not grow) medicinal cannabis. That’s right, I said ‘terminal.’ Apparently Gov. Pawlenty — who cynically remarked “While I am sympathetic to those dealing with end-of-life illnesses and accompanying pain, I stand with law enforcement in opposition to this legislation” — would prefer to have patients at death’s door rely on the medical judgment of a prison warden rather than that of their physician.

But Gov. Pawlenty is hardly the only state governor up to the same old tricks.

In New Hampshire, lawmakers are trying to work out a last-minute compromise with Gov. John Lynch, who has threatened to veto any measure that allows for seriously ill patients to grow or use medical cannabis in their homes. And in Connecticut, Gov. Jodi Rell’s veto threat of legislation that sought to prevent minor marijuana offenders from being saddled with lifetime criminal records certainly did proponents no favors.

In Hawaii and Rhode Island, legislation pertaining to the medical use of cannabis is now on both state’s governors’ desks. If past is precedent, can vetoes be far behind?

And what about Gov. Arnold Schwarzenegger, who earlier this month announced, “[I]t’s time for a debate” regarding taxing and regulating the sale of cannabis for adults. We expect to learn more about the Governor’s position in mere minutes, as he will be elaborating on his stance in today’s Digg.com chat — which you can access here.

Want to know why pot remains illegal in America? You can start by asking your governor — again.

The New York Times Debates Marijuana Law Reform — NORML Weighs In

Today’s New York Times online features a round table discussion on the subject of marijuana law reform.

Two years ago we ran a quorum debating the pros and cons of decriminalizing marijuana. Since then, a largely theoretical debate has moved quite substantially toward the realm of reality, with a growing number of states and municipalities having changed their laws.

… So we asked a group of people — Paul Armentano, Mike Braun, Joel W. Hay, Jeffrey Miron, and Robert Platshorn — to think about a national decriminalization of marijuana … and answer the following: What would be some of the most powerful economic, social, and criminal-justice effects?

Here are their answers.

You can read all of the responses, including mine, and leave your feedback for the New York Times here.

The End Of Marijuana Prohibition — In Under Three Minutes!

The criminal prohibition of cannabis is an indefensible public policy position. Why can I say that? Just watch the video below.

It’s been clear for quite some time that proponents of marijuana prohibition have nary a leg to stand on. When their position is scrutinized, even the least bit, it ends up collapsing like a house of cards. In this case, the look on FBI Director Robert Mueller’s face two minutes and forty-three seconds into the video says it all. His empty rhetoric has failed and he has no more artillery left in his arsenal. He’s been defeated and he knows it.

(more…)

Medical Marijuana Is The Law — Any Questions?

How do you say: “Game, set, match” in southern California? Here’s how:

High court won’t hear county’s marijuana challenge
via SignOnSanDiego.com

The U.S. Supreme Court will not take up San Diego County’s challenge to state medical marijuana laws.

For more than three years the county has been fighting in court to overturn state laws that require counties to issue medical marijuana identification cards. The county contends federal law, which does not recognize medical marijuana usage, trumps the state law.

The county has lost that argument in state trial and appellate courts, and the state Supreme Court declined to take up the case, too. The county’s last, long-shot chance was to have the U.S. Supreme Court take up the case.

San Bernardino and Merced counties initially joined the suit, but Merced eventually dropped out. The high court also rejected San Bernardino’s petition to take up the case.

In other words, the oft-heard prohibitionist refrain that federal law trumps state medical marijuana laws has no legal merit.

None. Nada. Zero.

To anyone who has followed the unethical actions of the San Diego and San Bernardino Supervisors over the past three years, the Supreme Court’s refusal to hear their appeal shouldn’t come as a surprise. After all, the counties’ vapid arguments had previously been struck down — unanimously — by the Superior Court of the state of California the 4th District Court of Appeals.

In addition, the Legislative Counsel of California, the state Attorney General’s Office, and a majority of the California legislature had also previously determined that local politicians and law enforcement were obligated to uphold the provisions of California’s medical marijuana laws.

Finally, California’s constitution is also quite clear on this point — mandating that police have a sworn duty to uphold state law, not to enforce federal statutes.

Let’s be blunt: San Diego and San Bernardino’s protracted lawsuits — lawsuits that arguably cost county taxpayers hundreds of thousands of dollars and jeopardized the health and safety of thousands (if not tens of thousands) of citizens — were never about resolving legal ambiguity.

Rather, it was about the arrogance and recalcitrance of those who willfully chose to abuse their power and position to hamstring the will of the voters, the legislature, and the courts.

And while this particular legal battle is now over, our outrage shouldn’t be.