Real World Ramifications of Cannabis Legalization and Decriminalization

Last week Rhode Island became the fifth state this legislative session to introduce legislation seeking to legalize and regulate the adult use, possession, production, and distribution of non-medical marijuana. Also last week lawmakers in the Hawaii Senate approved legislation seeking to ‘decriminalize’ (replace criminal penalties with civil fines) marijuana possession offenses — a policy reform that now exists in thirteen states.

Opponents of such liberalization proposals inevitably argue that any efforts toward decriminalizing or legalizing cannabis will adversely impact the public’s use of marijuana and/or young people’s attitudes toward it. Yet regional data gleaned from around the word consistently demonstrates that the imposition and enforcement of harsh criminal marijuana penalties do not dissuade cannabis use, and moreover, that criminalization is an objectively ineffective public policy.

To better educate lawmakers, opinion leaders, and our own constituents of this consistent, comprehensive, and growing body of scientific literature, NORML has authored the following white paper, Real World Ramifications of Cannabis Legalization and Decriminalization. This paper reviews dozens studies that have examined this issue in regions that have either:

a) regulated marijuana use and sales for all adults;

b) decriminalized the possession of small quantities of marijuana for adults;

c) medicalized the use of marijuana to certain authorized individuals; or

d) deprioritized the enforcement of marijuana laws.

NORML’s paper also proposes general guidelines to govern marijuana use, production, and distribution in a legal, regulated manner.

Based on the multi-decade experiences of various states and nations that have enacted various versions of marijuana decriminalization and/or legalization, NORML maintains that:

1. Strict government legalization/regulation of marijuana is unlikely to increase the public’s use of marijuana or significantly influence attitudes.

2. Decriminalization is unlikely to increase the public’s use of marijuana or significantly influence attitudes.

3. Free market legalization of marijuana without strict government restrictions on commercialization and marketing is likely to increase marijuana use among the public; however, given that the United States already has the highest per capita marijuana use rates in the world, this increase is likely to be marginal relative to other nation’s experiences.

You can read the entire paper online here.

Spread the word…

Medical Marijuana’s Lost Man: Bryan Epis

One of the best (or worse, it depends on one’s perspective and physical location!) indicators of the total failure of a law, is when it is woefully and subjectively applied.

When trying to answer inquiries from reporters, columnists, policymakers and medical cannabis patients regarding as to ‘why specifically has Bryan Epis been compelled to return to federal prison–at great taxpayer expense during a steep recession–when there are thousands of cannabusinesses operating at the retail level in states like California, Colorado and Montana?’, there are no satisfactory (or logical) answers to provide them.

Suffice of to say, Bryan Epis’ case is both a dinosaur of sorts as well as a badge of shame for the current, and somewhat medical cannabis-supportive Obama administration in that his was one of the first federal arrests in 1997, and after a hotly contested legal battle, Bryan was one of the first medical cannabis primary caregivers to be sentenced under federal law, to ten years. After serving 24 months in prison from 2002-2004, with the greater social and political acceptance of medical cannabis blossoming around Bryan’s prison cell, he was able to procure an appeal bond, leave prison, argue his case in the appeals court again, re-start his successful business, pay taxes, take care of his mother, be a parent to his child, develop a loving relationship–all with the notion that he’d unlikely have to return to federal prison.

What, in the era of 24/7 medical cannabis vending machines, law enforcement having to return back hundreds of pounds of seized medical cannabis to patient-growers and caregivers, insurance companies paying on medical cannabis crop failure and insuring  dispensaries with standard business liability coverage and President Obama implementing the first steps of recognizing medical cannabis’ safety, utility and need to change its legal status specifically-tailored for medical use?

Could the federal government be so arbitrary and capricious so as to seek his re-incarceration for eight more years to be served in prison, for the ‘crime’ of growing over one hundred medical cannabis plants?

Yes. On April 08, 2009, a three panel judge on the 9th Circuit ruled against Epis and ordered him back to prison.

Bryan may have been arrested under the Clinton administration, prosecuted and incarcerated under the Bush 2.0 administration, but the Obama administration’s Department of Justice can ‘do the right thing’: stop wasting taxpayer’s money, stop being subjective in the application of the law and reason, and stop making the average person seriously question the priorities of government institutions and bureaucracies by immediately reducing his sentence, freeing him from a cage, and allow him to return to his family–and the tax rolls.

Below is a communication from Bryan’s partner regarding the two primary things citizens can do to support Bryan and help end this kind of insanity in the war against cannabis consumers:

1) Sign and distribute the petition necessary to appeal to the federal government to reduce Bryan’s sentence;

2) When booking lodging online, please use a search engine called LodgingSite, which not only benefits its owner (Bryan Epis!), but the company will donate 10% of their profit to public interest groups like NORML.

March 4, 2010

Dear Allen,

My name is Monica and I am writing you on behalf of Bryan Epis. As you know they recently took him back in to serve the remainder of a ten year prison sentence.  He wanted me to contact you in hope that you can help us. I have attached a printable petition. Our goal is to come up with 100k signatures within 4 months.  The lawyer he has is filing a 2255 to try to get his sentence reduced. Bryan is hoping you will put this petition on your website, anyone can print it. It holds 25 signatures per page, once a page is complete, at the bottom of the page is our address. We ask that they send them back to me and I will take them to his lawyer.

We have found a way to raise money for your non-profit organization as well as help Bryan.

We have a website called lodgingsite.com powered by Priceline.  It is a hotel reservation web site.  I would assume that all of your members, book at least one hotel a year, if they go to lodgingsite.com and book a hotel room under the “special rates” section.  We offer 10% cash back to any non profit organization of their choice (as long as when they get their confirmation info and send it to cashback@lodgingsite.com along with a designated non profit organization of their choice. They must include the name of the organization of their choice, plus their confirmation number, their name address, the hotel name and city). BTW, 10% equates to about $20 per reservation. If you multiply that by how many members and supporters NORML has it is potentially a lot of money NORML could get for the cause, as well as to help and promote Bryan’s defense.

If you have any questions please contact me at: monica@lodgingsite.com

Sincerely,
Monica Focht
(in care of Bryan Epis)

NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. NORML’s Weekly Legislative Round Up is your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** To first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and make the changes they want to see. We can’t do it without you.

Hawaii: Senate lawmakers approved a series of bills last week that seek to reform the state’s marijuana laws. Senators voted unopposed in favor of SB 2450, which seeks to reduce penalties for the adult possession of up to one ounce of marijuana from a criminal misdemeanor punishable by up to 30 days in jail and a $1,000 fine to a civil offense. You can read NORML’s recent commentary and testimony in favor of this measure here and here. You can voice your support for the measure here.

Senators this week also approved Senate Bill 2141, an act to increase the quantities of medical marijuana that a patient may legally possess under state law to ten plants and five ounces at any given time. Lawmakers approved the proposal by a 24 to 1 vote. Lawmakers also voted in favor of SB 2213, which would establish ‘compassion centers’ to provide medical marijuana to authorized patients. All three measures are now before the House for consideration. You can learn more about these proposals here.

Washington: House lawmakers on Wednesday, March 3, voted 58 – 40 in favor of an amended version of Senate Bill 5798, which would expand the state’s nearly twelve-year-old medical marijuana law. Because the House made minor amendments to the bill, it now must be re-approved by the Senate — who previously had 37 to 11 in favor of the bill in February. If enacted, SB 5798 will allow additional health care professionals – including naturopaths, physician’s assistants, osteopathic physicians, and advanced registered nurse practitioners – to legally recommend marijuana therapy to their patients. Under present law, only licensed physicians may legally recommend medicinal cannabis. To learn more about this measure, please visit NORML’s ‘Take Action’ Center here.

Rhode Island: House lawmakers this week for the first time introduced legislation to legalize the production, distribution, and personal use of marijuana for adults age 21 and older. As introduced, House Bill 7838: The Taxation and Regulation of Marijuana Act, would exempt adults from any statewide criminal or civil penalty for the possession of up to one ounce of marijuana, engaging in the not-for-profit transfer of small amounts of marijuana, and/or the cultivation of up to three marijuana plants. The proposal also establishes licensing requirements for the commercial cultivation and distribution of marijuana via retail facilities. The measure states that “at least one” marijuana retailer shall exist per county within one year following the passage of this act. To learn how you can support this act, please visit here.

New Hampshire: Next Wednesday, March 10, House lawmakers are scheduled to vote on House Bill 1653, which would amend penalties for possession of marijuana from a criminal misdemeanor, punishable by up to one year in jail and a $2,000 fine, to a civil offense punishable by no more than $200.00. Members of the House Criminal Justice and Public Safety Committee previously voted 16 to 2 in favor of passing the bill, and NORML anticipates that House lawmakers will do the same. However, Democrat Gov. John Lynch has threatened to veto the measure. Contact information and talking points for Gov. Lynch may be found at NORML’s ‘Take Action Center’ here.

Massachusetts: The Joint Committee on Judiciary held a hearing on Tuesday to debate SB 1801, which seeks to “regulate and tax the cannabis industry” in Massachusetts. You can watch video from the hearing here, and you can contact your state elected officials in support of the measure here.

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

Medical marijuana’s not getting any better – the time for RE-legalization is NOW!

Author’s update: the graphics in the post below have been updated to correct some minor mistakes, such as dated information that left out Rhode Island and Maine’s dispensaries and Oregon’s recent acceptance of Alzheimer’s agitation as a qualifying condition. Also, I have outlined Oregon’s attempt at legalization through the OCTA petition as it could be reasonably said to be as far along or farther along than Washington’s I-1068. I regret my errors.

Marijuana Law Reform in 2010 (March Update)

With New Jersey recently becoming the 14th medical marijuana state, activists in marijuana law reform have been celebrating. After all, over 82 million Americans now live in states where medical use of marijuana is legal – that’s 27% of the US population! Last election, Massachusetts became the 13th decriminalization state, which means over 107 million Americans live in a state where possession of small personal amounts of marijuana no longer merit an arrest – that’s 35% of the US population.

Population of States with Medical Marijuana Laws

Population of States that have Decriminalized Marijuana

However, after watching fourteen years of marijuana activism focused solely on those who use cannabis for medicine, I must warn activists that medical marijuana is not getting any better and the time for re-legalization of cannabis for all adults – even the healthy ones – is now.

Comparison of five core rights found in existing medical marijuana law

California legalized medical marijuana in 1996. That initiative, Prop-215, established what is clearly the most liberal medical marijuana statute to date:

• A doctor can recommend for any condition;
• You needn’t have a “bona fide” doctor/patient relationship;
• Dispensaries are allowed;
• Self cultivation is allowed;
• Patients are protected from arrest.

Comparison of plant and possession limits and qualifying conditions in medical marijuana law

If we consider these five attributes of the law the baseline, then in the past fourteen years, all thirteen medical marijuana states that have followed have failed to achieve all five. Eight states only offer three or four of those liberties and the rest offer two or only one. Most disturbingly, the right of patients to grow their own medicine (or have a caregiver do it for them), which has been a bedrock principle in medical marijuana law, was taken away from patients in the most recent medical marijuana state, New Jersey. Bills that were considered but vetoed in 2009 in Minnesota and New Hampshire, and those moving forward in New York, Pennsylvania, as well as an initiative in Arizona, all sacrifice this core right.

New Jersey - The (No Medical Marijuana) Garden State

A comparison of plant and possession limits also shows the decline from the original starting point in California, where 12 plants and 8 ounces are allowed. Oregon and Washington passed their laws next and have the highest statutory limits: 24 plants and 24 ounces in Oregon and 15 plants and 24 ounces in Washington. (To be fair, all the West Coast states started with lower limits or more vague limits that were modified by the legislature.) But since then, only one state has allowed more than 3 ounces (New Mexico with 6 ounces) and average number of plants allowed is a little less than ten.

The "Big 8" Conditions for which marijuana is recommended in the states

Another decline in medical marijuana freedom appears when we look at the conditions for which medical marijuana protection is afforded in the various states. There are eight conditions which could be considered the “standard” ones: cancer; HIV/AIDS; seizure disorders, like epilepsy; spastic disorders, like multiple sclerosis; glaucoma; chronic nausea; cachexia; and chronic pain. Most medical marijuana states recognize all eight conditions; a couple (Vermont and Rhode Island) recognize seven of eight.

Other conditions recognized in state medical marijuana laws (not a complete list)

The latest law in New Jersey, however, eliminated chronic pain, chronic nausea, and cachexia, making it the most restrictive list in the nation. The bill proposed but vetoed in New Hampshire required one to try all other remedies for chronic pain before trying medical marijuana. The vetoed Minnesota bill wouldn’t even allow cancer and HIV/AIDS patients to use medical marijuana unless they could show they were terminal (about to die). The lists in the latest proposed bills continue to become more restricted.

Until we do have legalization for all, every medical marijuana law is going to fail to adequately serve all medical users and subject them to increasing restriction and scrutiny. Additionally, medical marijuana laws make patients an attractive target for criminals because prohibition maintains huge profits for stolen medical cannabis, as well as becoming targets for overzealous anti-marijuana cops and prosecutors.

(more…)

Weeding Through The Hype: Interpreting The Latest Warnings About Pot and Schizophrenia

Once again members of the mainstream media are running wild with the notion that marijuana use causes schizophrenia and psychosis.

To add insult to injury, this latest dose of reefer rhetoric comes only days after investigators in the United Kingdom reported in the prestigious scientific journal Addiction that the available evidence in support of this theory is “neither very new, nor by normal criteria, particularly compelling.” (Predictably, the conclusions of that study went all together unnoticed by the mainstream press.)

Yet today’s latest alarmist report, like those studies touting similar claims before it, fails to account for the following: If, as the authors of this latest study suggest, cannabis use is a cause of mental illness (and schizophrenia in particular), then why have diagnosed incidences of schizophrenia not paralleled rising trends in cannabis use over time?

In fact, it was only in September when investigators at the Keele University Medical School in Britain smashed the pot = schizophrenia theory to smithereens. Writing in the journal Schizophrenia Research, the team compared trends in marijuana use and incidences of schizophrenia in the United Kingdom from 1996 to 2005. Researchers reported that the “incidence and prevalence of schizophrenia and psychoses were either stable or declining” during this period, even the use of cannabis among the general population was rising.

That said, none of this is to suggest that there may not be some association between marijuana use and certain psychiatric ailments. Cannabis use can correlate with mental illness for many reasons. People often turn to cannabis to alleviate the symptoms of distress. One study performed in Germany showed that cannabis offsets certain cognitive declines in schizophrenic patients. Another study demonstrated that psychotic symptoms predict later use of cannabis, suggesting that people might turn to the plant for help rather than become ill after use.

Of course, even if one takes the MSM’s latest ‘sky is falling’ scenario at face value, health risks connected with pot use — when scientifically documented — should not be seen as legitimate reasons for criminal prohibition, but instead, as reasons for the plant’s legal regulation.

For instance, as I told AOL News earlier today: “We don’t outlaw peanuts because a small percentage of people have allergic reactions. We educate the community, we regulate where and when peanuts can be exchanged. That seems like it ought to apply to marijuana, too.”

To draw another real world comparison, millions of Americans safely use ibuprofen as an effective pain reliever. However, among a minority of the population who suffer from liver and kidney problems, ibuprofen presents a legitimate and substantial health risk. However, this fact no more calls for the criminalization of ibuprofen among adults than do these latest anti-pot allegations, even if true, call for the current prohibition of cannabis.

Placed in this context, today’s warnings latest do little to advance the government’s position in favor of tightening prohibition, and provide ample ammunition to wage for its repeal.