(PhillyNORML: Chris Goldstein & Derek Rosenzweig) Philadelphia could save more than $3,000,000 annually by not taking pot smokers in for mugshots.

Minor marijuana possession arrests in Philadelphia are handled with mandatory custody; this is a different process than every other county in Pennsylvania costing the city millions of dollars. A disproportionate number of citizens (84%) arrested for marijuana possession in the city are black.

Research by PhillyNORML this year has uncovered these two disturbing trends that present serious challenges to the city. But in a sign of a pragmatic shift in attitudes, city officials have held an ongoing dialogue with reform advocates to proactively address these concerns.

In March of 2009 the Philadelphia chapter of the National Organization for the Reform of Marijuana Laws performed their annual observation of the Pennsylvania Uniform Crime Report data for the marijuana arrest numbers. At the same time, the city was beginning to face a heartbreaking economic plight that pitted police jobs against a lack of Public Safety Budget funds.

Data indicates that 4,716 adults were arrested in 2008 on the singular criminal misdemeanor charge of marijuana possession less than 30 grams. In Philadelphia such arrests are required to be custodial. For even a single cannabis joint this means an offender must be handcuffed, transported to a holding cell, photographed and perhaps make bail before release. In every other county in Pennsylvania there is no mandate for the custodial arrest of citizens found with small amounts of marijuana. Instead, summary violations are issued along with a date to appear in court.

PhillyNORML is a sterling example of how ordinary cannabis consumers can band together under the NORML banner and affect real change at the local level. Reformers at the national level don’t have the on-the-ground knowledge of local politics like everyday citizens living in cities like Philadelphia. Local reformers can better cultivate personal relationships with mayors, city councils, and all their staff, as well as integrate with groups as disparate as unions and libertarian groups, parents and police, and churches and universities.

If you’re sitting around wondering when they are going to legalize pot, you’re part of the problem. YOU have to legalize pot. You and your like-minded pot smokers, cannabis consumers, medical marijuana patients, and lovers of liberty, peaceably assembled to exercise your free speech and to petition your government for a redress of grievances… there’s nothing more American than being NORML.

Again, cannabis consumers and activists should never shrink back from prohibitionist (and some in the media) arguments that “no one gets arrested for cannabis in the US (it’s practically legal!)” when over 755,000 cannabis consumers are busted annually for simple possession (94,000 others were charged with cultivation, distribution or conspiracy therein).

Even more so when there are outrageous claims made that ‘no goes to jail or prison for pot’.

Unfortunately for a Jackson Mississippi man named Ronald Sekul, he can attest to how wrong these false claims are as he stares down a lifetime sentence for cultivating 51 cannabis plants.

Man could get life in pot bust, Jackson resident was growing 51 plants, officials say
A 33-year-old Jackson man accused of growing marijuana in his apartment could get up to life in prison if convicted.

In the case of Ronald Christopher Sekul, the Mississippi Bureau of Narcotics intends to ask prosecutors to apply a law called the “kingpin” statute, MBN Director Marshall Fisher said.

The statute can be applied to Sekul’s case because he allegedly had a drug operation for longer than 12 consecutive months and had more than 10 pounds of marijuana, Fisher said.

Sekul was arrested Wednesday for allegedly growing 4-foot marijuana plants in the back bedroom of the fourplex he lives in at 1510 Myrtle St., according to MBN.

He is out of jail on $50,000 bond.

Read the entire article here.

Think about, life in prison for cultivating one of the most popular agricultural products in America–arguably the number one commercially cultivated commodity in the country. Think about the annual expense incurred by the taxpayers of Mississippi for the incarceration of Mr. Sekul: $22,000-30,000 a year; think about the total cost to the taxpayers if Mr. Sekul spends 10 years in prison (approx. $275,000), 20 years (approx. $600,000) or 30 years (approx. $1 million).

Rather than tax and actually control cannabis like more dangerous and addictive government-sanctioned drugs like tobacco and alcohol products, is it not remarkable beyond words that the state and federal governments still engages both massive number of annual cannabis-related arrests and the incarceration annually nationwide of an estimated 45,000-65,000 cannabis-only offenders, while still not achieving any of the stated goals of prohibition (view a comprehensive NORML report analyzing cannabis arrests in the US here, read page 45 to see where none of the government’s stated goals are achieved).

Feds Are The Ones Still Stirring Pot With Taxpayers’ Money

However, there is a potential policy silver-lining to buttress the expense to the taxpayers and tragedy of what our society is trying to do Mr. Sekul and that is that President Obama’s new drug czar, Gil Kerlikowske, along with Attorney General Eric Holder, can stop these kinds of foolish and expensive incarcerations for cannabis by de-funding the federal grants provided to local law enforcement and their ‘multi-jursidictional anti-drug task forces’, like JET, the Jackson Enforcement Team, which boasts of Mr. Sekul’s arrest.

How many fewer Americans would be arrested annually if the federal government didn’t fund local arrests?

Exactly how many taxpayer dollars could be saved if the expense and trouble of local cannabis arrests were not subsidized by the feds?

Live TV Broadcast of Oral Arguments on Nov. 3 in Cases Involving Medical
Marijuana, DNA Evidence, and Sex Offender Law

[UPDATE!!! UPDATE!!! California NORML Coordinator Dale Gieringer attended today's oral arguments and filed this report:

In a remarkable turn of events, both sides  at today's California Supreme Court Hearing on the Kelly case agreed that the so-called SB 420 quantity limits in Health and Safety Code 11362.77  are unconstitutional when applied to limit patients' right to a compassionate use defense under Prop. 215.  

Instead, they discussed how  the Kelly decision  could be recast so as not to invalidate 11362.77 when used for other purposes: for example, to protect card-holding patients from arrest when they are within the limits.

Michael Johnsen from the Attorney General's Office admitted that their "position had evolved"  since the Kelly case was first argued, when they had tried to claim that the limits in 11362.77 were constitutional.  Asked by the court why they should even be hearing the case in that event,  Johnsen said that the court should narrow the Appellate Court decision so as to not throw out 11362.77 altogether.

"I have never had the pleasure of getting up in an appellate argument and saying I agree with everything my opponent said," remarked defense attorney Gerald Uelmen.

Patrick Kelly was originally charged with growing 7 plants and 12 ounces, an amount above the SB 420 limits.  His defense argued that he could not be convicted for exceeding the limits, because Prop. 215 guarantees patients the right to have whatever amount is reasonably related to their medical needs.   The Appellate Court agreed that the limits were an unconstitutional amendment to Prop. 215, and struck down the entirety of 11362.77 as unconstitutional.

Today, both sides agreed that 11362.77 was unconstitutional as applied to Kelly's case, but that it should be preserved in other situations, where it provides useful guidelines for arrest.  The court's final decision will be forthcoming in 90 days.]

San Francisco—For the ninth year in a row, the California Supreme
Court will reach out to hundreds of students at a special oral argument
session from 9:00 a.m. to 5:00 p.m. on Tuesday, November 3, 2009, at the
University of California, Berkeley, School of Law, at Booth Auditorium,
2778 Bancroft Way, Berkeley.

The educational program is designed to improve public understanding of
state courts and is being held in collaboration with the School of Law.
Law students, university faculty and staff, and dozens of high school
and middle school students are expected to attend.

California Chief Justice Ronald M. George and Berkeley Law Dean
Christopher Edley, Jr., will make opening remarks, followed by a
question-and-answer session between law students and the justices.

LIVE TELEVISION BROADCAST

California Channel, a public affairs cable network, will broadcast oral
arguments in all five cases to be argued before the court. The network
reaches 6.5 million viewers across the state and will offer a satellite
link to facilitate coverage by other stations. There is no direct link to the webcast yet, but it will be available online at The California Channel under the ‘Live Web’ section, as well as on your local cable TV provider in CA.

11:00 a.m. (Pacific): People v. Kelly (Patrick K.) (and related habeas corpus matter), S164830 concerns the Legislature’s authority to impose quantity limitations on users of “medical marijuana.”

The five cases follow:

10:00 a.m.: People v. Robinson (Paul Eugene), S158528 involves the use
of DNA profile evidence to identify an unnamed defendant in a felony
complaint and arrest warrant.

11:00 a.m.: People v. Kelly (Patrick K.) (and related habeas corpus
matter), S164830 concerns the Legislature’s authority to impose
quantity limitations on users of “medical marijuana.”

1:30 p.m. In re J. (E.) on Habeas Corpus, S156933 and other consolidated
cases involve residential restrictions imposed on persons required to
register as sex offenders.

2:30 p.m.: People v. McKee (Richard), S162823 concerns the validity of
amendments to the Sexually Violent Predator Act, making commitments
indeterminate, instead of for a term of two years.

3:30 p.m.: People v. Lessie (Tony), S163453 involves the legal effect of
a minor’s request to speak to a parent during a police
interrogation.

EDUCATIONAL WEB SITE

The Supreme Court has launched an educational Web site for the special
session, which includes detailed summaries and briefs for each case to
be argued, at www.courtinfo.ca.gov/courts/supreme/oralarg-briefs.htm.

Detailed case summaries, with information on the background and legal
issues involved in each case, are attached to this news release and can
be found at
www.courtinfo.ca.gov/courts/supreme/briefs/berkeley-case-synopsis.doc .

These materials may be used by students, teachers, and members of the
public to learn more about the five cases that will be argued before the
Supreme Court on November 3, 2009.

The Supreme Court also will hear oral arguments on Wednesday, November
4, 2009, in its courtroom in the Earl Warren Building, Fourth Floor, 350
McAllister Street. Those arguments will not be televised, but they are
open to the public. The court’s calendar for both days is at
www.courtinfo.ca.gov/courts/calendars/documents/SNOVC09PDF .

-#-

Editor’s Note: News media may request reserved seats through Lynn
Holton at lynn.holton@jud.ca.gov or Susan Gluss at
sgluss@law.berkeley.edu .

Pooling for TV and radio stations will be available near Booth
Auditorium on November 3, 2009.

http://www.courtinfo.ca.gov/presscenter/newsreleases/NR63-09.PDF

There is no direct link to the webcast yet, but it will be available online at The California Channel as well as on your local cable tv provider. This is on the Cal Channel homepage: “Upcoming Events – November 3, 2009: California Supreme Court Special Public Outreach Session from Berkeley, California”

http://calchannel.com/

Part I: http://www.calchannel.com/channel/viewvideo/798

Part II: http://www.calchannel.com/channel/viewvideo/799

Part III: http://www.calchannel.com/channel/viewvideo/800

Retired Orange County Superior Court Judge James P. Gray’s testimony was one of the last to be heard, and to use a World Series metaphor, we couldn’t have asked for a better “clean up” hitter:

In February Attorney General Eric Holder indicated in a press conference that the Obama Administration–which favors physician-recommended access to medical cannabis–would abate from what had been an aggressive law enforcement (and propaganda) campaign against medical access to cannabis.

Today’s memo from the Department of Justice formalizes these changes and is a MAJOR victory for citizens who support cannabis law reform!

Report: New DOJ guidelines to back medical marijuana laws
By Bridget Johnson – 10/18/09 11:40 PM ET

The Hill

The Obama administration is set to make a sharp turn from the Bush administration when it comes to state laws regarding medical marijuana usage, the Associated Press reported late Sunday.

The guidelines to be issued to federal prosecutors Monday will suggest that it’s not a good use of time to go after users and distributors of medical marijuana in the 14 states that allow such usage, while encouraging that illegal pot operations involving violence, firearms and sale to minors still be pursued.

Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington currently have state laws allowing at least limited use of marijuana for medical purposes. The AP reported that federal prosecutors in these states, as well as top officials at the FBI and DEA, would being receiving the three-page Justice Department memo outlining the new policy.

Under the George W. Bush administration, medical marijuana dispensaries were still targeted for violating federal law despite state laws allowing pot for medical use. Attorney General Eric Holder signaled a shift in this policy in March, stating that federal enforcement would concentrate on illegal marijuana operations that use medical pot allowances as a cover.

The move doesn’t come as a surprise, as Obama the candidate had expressed support for states that allowed medical marijuana.

“I would not have the Justice Department prosecuting and raiding medical marijuana users,” then-Sen. Barack Obama said on the campaign trail in New Hampshire.

Medical Marijuana Sunday School is now in session:

Lesson #1

The University of Colorado/Denver recently hosted physicians Kevin Boyle and Eric Eisenbud to present a lecture on medical cannabis’ historical, legal and policy considerations; Scientific research and new cannabinoid pharmaceuticals; Clinical applications.

Check out the lecture video here.

Lesson #2

Two NORML Legal Committee Members, Lee Berger and John Lucy, IV, from Portland, Oregon, presenting a lecture at Lewis & Clark Law School in September 2008 on Oregon’s medical cannabis laws. Check out the lecture video here.

Harvard Law School Professor Charles Nesson will be arguing the appeal of my marijuana conviction for sharing a joint at the 2007 Boston Freedom Rally on the historic Boston Common with High Times associate publisher Rick Cusick. We both took the stand at our trial and testified under oath that we were certainly sharing a joint, and were protesting the constitutionality of the very marijuana laws under which we were arrested.

The state law under which Rick and I were prosecuted has since been modified by a voter initiative last fall removing all criminal penalties, and setting a $100 civil fine, for the possession of up to one ounce of pot in Massachusetts. Nonetheless, it would be great if we could convince the court of appeals that the private use of marijuana in Massachusetts, as it is in Alaska, is constitutionally protected conduct.

Keith Stroup, Esq.
NORML Legal Counsel

Chris Goldstein and Russ Belville are collecting all the photos, audio, and video from the conference for upload as the day continues.

1. Thursday, September 24
   11:00am – 2:00pm Pacific Time
2. Friday, September 25
   11:00am – 2:00pm Pacific Time
3. Saturday, September 26
   3:00pm – 6:00pm Pacific Time

The show will be hosted by “Radical” Russ Belville, but with very limited commercial interruption and the occasional narration.  After the shows broadcast remotely in the difficult wireless environment of Portland’s Kelley Point Park and the noisy backstage of the Boston Freedom Rally, Russ is excited to present an indoor event that will take its audio directly from the conference PA system.

Thursday’s show will begin with a presentation by Dr Brooks J Kelly, Ph.D, Chief science officer for Genovations Laboratory, Cannabis Therapeutics, and then will feature panels on Individual Patients, Caregivers, and Small Patient Collectives in California and other medical marijuana states, including:

Patient and Caregiver rights under 215/SB420

• Possession: current caselaw and statutory law
• Cultivation: current caselaw and statutory law
• Transportation: current caselaw and statutory law
• Obtaining Cannabis: where and how to get it
• Patients Not Authorized to:
  distribute to other patients
  distribute “excess” to clubs
  engage in conduct harmful to others

Cannabis Patient rights (or lack thereof):

• No right to protection from employment discrimination
• No protection from Feds or other states
• Student loans
• Section 8 housing
• Small collectives: formation, cultivating, obtaining of medicine, money considerations
• Interaction with Law Enforcement

Your panelists will include Dr. David Bearman, Chris Conrad, Omar Figueroa, Esq., Zenia Gilg, Esq., Dr. Frank Lucido, and your moderator is William Panzer, Esq.

Friday’s show will begin with a panel on Pot Politics 2009 and Beyond.  A record number of state legislatures debated marijuana law reform in 2009; a nationwide panel of experts discusses our progress.  Our moderator is Keith Stroup, Esq., NORML, speaking on Federal Legislation, and also includes:

• Chris Goldstein, Director, Penn. For Medical Marijuana
• Rob Kampia, Executive Director, Marijuana Policy Project
• Dan Linn, Executive Director, Illinois NORML
• Madeline Martinez, Director, Oregon NORML, member of NORML’s board of directors
• Jesse Stout, former Director of RIPAC
• Ken Wolski, RN, Director, Coalition for Medical Marijuana NJ

We follow with a luncheon with travel author and NORML advisory board member Rick Steves presenting the ACLU DVD: ‘Marijuana: Its Time for a Conversation’, and close by asking “Has support for legalization reached a critical mass/tipping point?”  According to national polls, public support for legalizing marijuana has never been higher. Why now? And how do we mobilize this public support into political change? Leaders in the drug law reform movement discuss these trends, and what they portend for future reform efforts.  Our moderator is Dave Fratello, Coast Campaign Group, and the panel includes:

• Dale Gieringer, Ph.D, Director, CA NORML; member of NORML’s board of directors
• Rich Lee, Proprietor of ‘Oaksterdam University’ and Campaigner for ‘The Regulate, Control, and Tax Cannabis Act of 2010′
• Harry Levine, Ph.D, Queens College

Saturday’s closing show will feature a look at Marijuana Legalization As a Local, State, Federal Revenue Stream. In today’s sagging economy national, state and local leaders are looking for alternative streams of revenue. They should look no further than to America’s #1 cash crop: cannabis.  Our moderator is Dale Gieringer, Ph.D, Director, CA NORML, and the panelists include:

• Jon Gettman, Ph.D
• Rebecca Kaplan, Oakland City Council
• Mark Kleiman, Ph.D, UCLA

We follow with a panel on Cannabis and Athleticism. Some of the nation’s top athletes discuss why today’s pros are turning to cannabis — and away from alcohol and painkillers — off the field, and question why pro sports leagues are continuing to sanction those who do.  Our moderator is Steve Bloom, Author, Pot Culture; editor, celebstoner.com and the panelists include:

• Toby Grear, MMA fighter,
• Sean Neumann, Documentary Filmmaker; former ESPN producer
• Mark Stepnoski, Former All-Star NFL football player, NORML Advisory Board
• Rob Van Dam, Professional wrestler

Our three-part special show concludes with a talk from Rick Steves, TV host/best-selling travel author, NORML Advisory Board

Please join us for unparalleled access to the heart of marijuana law reform, nine total hours of content from the best and brightest minds in the movement, all absolutely free for you on the internet, courtesy of the donations of stakeholder cannabis consumers and liberty lovers all across this country who donate to and volunteer with NORML.  Mark us as a favorite on BlogTalkRadio and post us on your Twitter and Facebook with the tag #NORML.