National Council of State Legislatures Passes Resolution “In Support of States Determining Their Own Marijuana and Hemp Policies”August 7, 2015
The National Council of State Legislatures passed a resolution yesterday urging the federal government to amend the Controlled Substances Act and to refrain from interfering with state laws permitting the legal production and use of cannabis.
The National Council of State Legislatures is a bipartisan, non-governmental organization founded in 1975 to unite members of legislature’s from around the United States. The council works to improve the quality and effectiveness of state legislatures, promote innovative policy and communication among state legislatures, and to magnify their voice in the federal system.
The NCSL resolves “[S]tates and localities should be able to set whatever marijuana and hemp policies work best to improve the public safety, health, and economic development of their communities.” Members passed the resolution overwhelmingly by a voice vote.
The vote represents a strong consensus among state lawmakers that the federal government should embrace, not impede the progress states have made to amend their marijuana laws, and encourages federal lawmakers to consider rescheduling marijuana in order for states to safely and effectively move forward in their reforms.
Currently 23 states and the District of Columbia have medical marijuana laws on the books, and half of all US states recognize industrial hemp. Four states plus Washington D.C. have legalized marijuana for recreational use. There is no doubt states have recognized the failed efforts of marijuana prohibition and are eager to try out other policies. NORML commends the resolution adopted by the National Council of State Legislatures and will continue to advocate for the federal government’s compliance.
As first reported by Marijuana.com, a Justice Department internal memo distributed to U.S. House Representatives last year misinformed members on the scope of a medical marijuana amendment they were voting on.
Last year, lawmakers approved 219 to 189 an amendment aimed at prohibiting the Department of Justice from using funds to interfere with the implementation of state medical marijuana laws.
We have now learned that in the days before this vote, Justice Department officials distributed “informal talking points” incorrectly warning members that the amendment could “in effect, limit or possibly eliminate the Department’s ability to enforce federal law in recreational marijuana cases as well.” The realization came from a footnote contained in the memo stating that the talking points previously released were, “intended to discourage the passage of the rider but does not reflect our current thinking.”
The talking points seemed to have an effect on several members, who prior to the final vote on the amendment, argued against it claiming the “amendment as written would tie the DEA’s hands beyond medical marijuana.” Representative Andy Harris (R-MD) went on to claim, “The problem is that the way the amendment is drafted, in a state like Maryland which has medical marijuana, if we ever legalized it, the amendment would stop the DEA from going after more than medical marijuana.”
These statements coupled with the rest of the long debate that took place before the amendment, clearly signal that lawmakers on both sides of the argument believed the amendment to prohibit federal interference in states with medical marijuana.
However, in a very narrow interpretation of the amendment, the Justice Department memo claims that the restriction of federal funds for the use of interfering in state-sanctioned medical marijuana programs is strictly for states and state officials implementing the laws themselves. That is to say, the federal government would still be allowed to arrest and prosecute people who grow marijuana and operate dispensaries but the state officials issuing the licenses are protected from federal intrusion. This explains the continued action taken by the federal government against individuals in states with legal medical marijuana laws on the books.
The same amendment protecting medical marijuana states from federal intervention was passed again this year with a larger margin of support, 242-186.
Representatives Rohrabacher (R-CA) and Farr (D-CA) (sponsors of the medical marijuana amendment) requested last week the Department of Justice’s inspector general hold an internal investigation into the continued action taken by the federal government. They feel Congress has made it clear by passing the amendment two years in a row, federal funds should no longer be used to prosecute individuals acting in compliance with their state laws.
Currently 23 states and the District of Columbia have passed medical marijuana laws. Check out our State Info page to check on your state’s current marijuana laws.
On December 5th 1933 at exactly 5:32pm eastern standard time, Utah signed on as the last of the 36 states needed to ratify the 21st amendment, repealing the nation’s failed 13-year prohibition policy experiment banning the sale and use of alcohol nationwide. At 6:55 p.m., President Roosevelt signed an official proclamation announcing the nation’s new alcohol policy.
It was clear to the public, and politicians of the day that alcohol prohibition had failed in everything it was trying to achieve. The 18th amendment led to widespread disrespect for the law, black market violence, serious loss of tax revenue, and a drain on police resources.
Here we are again, eighty years later fighting another, equally damaging policy of marijuana prohibition. Unlike the short lived 18th amendment however, our nation’s punitive and disastrous marijuana laws have been in effect for more than 75 years. The longevity of this current prohibition has resulted in exponentially more damage to our society than that caused by the alcohol laws of the 1920’s and early 30’s. Today’s laws have ruined millions of lives and wasted hundreds of billions of taxpayer dollars. It has fueled the black market, contributes to the erosion of civil liberties and continues to line the pockets of criminals and cartels.
Eighty years ago today, our President and 36 states came to the same conclusion: That making something a majority of people perceive as harmless and fun illegal will not make it go away, or solve any problems perceived to be associated with its use. It is about managing public safety by containing the market and managing the user experience. The majority of alcohol drinkers and marijuana users are responsible people who consume in moderation. It is time for our lawmakers to recognize what their predecessors did so many years ago, legalization and regulation is the only sensible solution. Colorado and Washington are pioneering a new policy allowing for the legal, taxable sale of marijuana to adults 21+, and it is only a matter of time before more states follow suit. Through an environment of control, standardization and accountability, both for the individual and the industry, our nation can begin to undo the generations of damage brought on by marijuana prohibition.
The days of marijuana prohibition are numbered and one day, marijuana will take its rightful place alongside alcohol as a legal recreational alternative. One day, we too will be celebrating our very own day of repeal.
#1 NORML Sues to Halt Government’s Prosecution of Medical Cannabis Providers
In October, the United States Deputy Attorney General, along with the four US Attorneys from California, announced their intentions to escalate federal efforts targeting the state’s medical cannabis dispensaries and providers. In response, members of the NORML Legal Committee filed suit in November against the federal government arguing that its actions were in violation of the Ninth, Tenth, and Fourteenth Amendments of the US Constitution. Plaintiffs further argued, using the theory of judicial estoppel, that the Justice Department had previously affirmed in federal court that it would no longer use federal resources to prosecute cannabis patients or providers who are compliant with state law. NORML’s lawsuit remains pending. Read the full story here.
#2 Members of Congress Introduce First Bill Since 1937 to Legalize Cannabis
House lawmakers introduced legislation in Congress in June to end the federal criminalization of the personal use of marijuana. The bipartisan measure – HR 2306, the ‘Ending Federal Marijuana Prohibition Act of 2011′ – prohibits the federal government from prosecuting adults who use or possess cannabis by removing the plant and its primary psychoactive constituent, THC, from the five schedules of the United States Controlled Substances Act of 1970. The bill awaits Congressional action. Read the full story here.
#3 Gallup: Majority of Americans Support Legalizing Cannabis
A record 50 percent of Americans now believe that marijuana ought to be legalized for adult use, according to a nationwide Gallup poll of 1,005 adults published in October. The 2011 survey results mark the first time ever that Gallup has reported that more Americans support legalizing cannabis (50 percent) than oppose it (46 percent). Read the full story here.
#4 Over One Million Americans Now Use Cannabis Legally Under State Law
Between one million to one-and-a-half million US citizens are legally authorized by the laws of their state to use marijuana, according to data compiled in May by NORML from state medical marijuana registries and patient estimates. Read the full story here.
#5 Marijuana Prosecutions For 2010 Near Record High
Police made 853,838 arrests in 2010 for marijuana-related offenses according to the Federal Bureau of Investigation’s annual Uniform Crime Report, released in September. The annual arrest total is among the highest ever reported by the agency. Marijuana arrests now comprise more than one-half (52 percent) of all drug arrests in the United States. Read the full story here.
#6 Largest State Doctors Association Calls For Legalizing Cannabis
The California Medical Association in October called for the “legalization and regulation” of cannabis for adults. The association, which represents some 35,000 physicians, recommends that cannabis be taxed and regulated “in a manner similar to alcohol.” Read the full story here.
#7 Connecticut Decriminalizes Cannabis Possession Offenses
Statewide legislation took effect in July reducing the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (formerly punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a $150 fine, no arrest or jail time, and no criminal record. Read the full story here.
#8 Vaporized Cannabis Augments Analgesic Effect of Opiates in Humans
Vaporized cannabis significantly augments the analgesic effects of opiates in patients with chronic pain, according to clinical trial data published online in the journal Clinical Pharmacology & Therapeutics in November. Investigators surmised that cannabis-specific interventions “may allow for opioid treatment at lower doses with fewer [patient] side effects.” Read the full story here.
#9 State Governors Call on Obama Administration to Reclassify Cannabis
In December, governors from Rhode Island, Vermont, and Washington formally requested the Obama administration to reclassify cannabis under federal law in a manner that would allow states to regulate its therapeutic use without federal interference. The administration in July had previously rejected a nine-year-old petition calling on the agency to initiate hearings to reassess the present classification of marijuana as a schedule I controlled substance without any ‘accepted medical use in treatment.’ Read the full story here.
#10 Delaware Becomes 16th State to Legalize Limited Medical Use of Marijuana
State lawmakers in May approved legislation to allow patients with a qualifying illness may legally possess up to six ounces of cannabis, provided the cannabis is obtained from a state-licensed, not-for-profit ‘compassion center.’ The law is anticipated to be implemented in 2012. Read the full story here.
This weekend is Halloween, which means it is time for law enforcement to start scaring the hell out of parents about the wicked evil potheads lurking in their neighborhoods, waiting to dose their kids with pot candies!
(KABC-TV) Halloween time is not all fun and games. Authorities are warning parents about marijuana-laced candy that could end up in their trick-or-treaters’ bags.
Los Angeles Sheriff’s Department and narcotics officials displayed a variety of candy, soda, chocolate and other snack foods Friday containing concentrated amounts of marijuana that were recently seized from local marijuana dispensaries.
L.A. County Sheriff’s Department Sgt. Glen Walsh said parents should definitely inspect the candy their children bring home after trick-or-treating.
Walsh said a pungent smell or an odd taste can serve as indicators on whether the food contains marijuana. As for the potency of the marijuana-laced prodcuts, Walsh said the level of THC, the chemical found in marijuana, can vary from zero to over 90 percent.
OK, so watch closely, parents. You don’t want your kid getting a candy with 0% THC in it. But if you find any of that 90% THC stuff, you can send it my way for proper disposal.
How stupid is this? First off, if there is a person out there who would intentionally hand THC-laden treats to children, they are a criminal. They’d be just as likely to poison Halloween treats or put pins or razor blades in them.. which is an urban legend with no truth to it whatsoever.
Second, if you are a person who uses THC-laden treats for medical or recreational purposes, why are you handing out a $20 “Buddafinger” when you could pass out a 20-cent “Butterfinger”? You want to be so sure some kid you don’t know and won’t see gets high that you’ll spend 100 times more on Halloween candy?
Third, the stuff the cops displayed was seized from dispensaries where you have to show ID and recommendation and kids can’t get in. They didn’t display stuff that was seized from the Halloween bags of trick-or-treaters last year, did they?
This weekend kids will be gorging on massive amounts of sugar and high-fructose corn syrup. Some of it is even shaped in the form of “Bottle Caps” and “Puckerooms” that resemble alcohol packaging and psilocybin mushrooms, respectively*. (Interestingly, both made by Wonka… pure imagination, indeed!) Parents need to worry about that much more than imaginary potheads who live for the thrill of overspending on Halloween so they can get kids high.
*Yeah, sure, there are normal edible mushrooms and soft drinks in bottles with caps. But c’mon, how many kids crave mushrooms and how long has it been since they’ve bought a soft drink in a non-plastic bottle?