At a press conference this afternoon, Senators Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), and Rand Paul (R-KY) announced plans to introduce a measure, The Compassionate Access, Research Expansion, and Respect States (CARERS) Act, in the US Senate to strengthen statewide medical marijuana protections and impose various changes to federal law.
Passage of the measure permits qualified patients, doctors, and businesses to engage in state-sanctioned behavior involving the production, sale, or use of medical cannabis without fear of federal prosecution. The proposal reschedules marijuana at the federal level and removes the compound cannabidiol (CBD) from the Controlled Substances Act. Additional provisions would allow opportunities for financial institutions to legally provide services to medical marijuana businesses, permit VA doctors to authorize medical cannabis, and would remove existing federal barriers to clinical trial research.
“It is emblematic of how far the movement to reform our country’s failed marijuana policies has come when a Republican presidential hopeful partners with two high profile Democrats to undo the damage done by the war on cannabis consumers,” stated NORML Communications Director Erik Altieri, “We’d encourage all members of Congress to rally behind this effort to end the federal prohibition on medical marijuana, something that over 80% of the country supports. Ultimately, marijuana needs to be descheduled out of the Controlled Substances Act entirely, but this bill provides an excellent start to that broader discussion.”
Dear NORML Members and Supporters,
In the past 24 years I’ve penned hundreds of fundraising requests in the employ of NORML ranging from basic operating expenses to legal defense funds to advertising to match-the-donor grants to computer purchases to initiatives. Unfailingly, NORML’s members and supporters always come through with the needed funding to this venerable non-profit organization.
On this day I bring your attention to a NORML fundraiser self-conceived and implemented from a welcomed–but unlikely source.
I don’t think he’d mind me commenting that when one thinks of a long-distance runner, High Times’ Cultivation Editor Danny Danko does not immediately (or, at all!) come to mind.
So when Dan recently contacted NORML indicating that he’d decided to run in the 2015 New York City Half Marathon, and wanted to do so to raise money and awareness for NORML’s marijuana law reform work, it reminded me of the many types of personal self-sacrifice supporters of marijuana law reform work have been willing to make in support of the organization since its founding in 1970.
Dan has created a CrowdRise webpage for donations to be directed to the NORML Foundation that he is asking us to widely promote, as his employer, High Times Magazine, is willing to match dollar-for-dollar all of the money he raises through his long-distance running effort on Sunday, March 15.
A number of individuals, non-profit organizations and cannabis-related businesses have already pledged to support Dan’s fundraising efforts for NORML and marijuana legalization. Please take a moment and join them in recognizing Dan’s commitment to legalization, and to a non-profit organization near and dear to him and his family.
Dan has already raised nearly 40% of his stated $5,000 goal!
Thanks to Danny Danko, High Times Magazine and NORML’s supporters for putting the ‘grass’ into the organization’s longstanding grassroots efforts to end cannabis prohibition and stop the arrest of marijuana smokers.
Kind regards from a newly liberated Washington, D.C. (where cannabis became legal on February 26),
Allen St. Pierre
NORML / NORML Foundation
The new marijuana laws recently approved by the voters of the District of Columbia (Initiative 71) by nearly 70 percent took effect last week, following a 30-day period in which the US Congress had the opportunity to override the provision, but our opponents did not have the votes.
So it is now perfectly legal in the District of Columbia to possess up to two ounces of marijuana; to cultivate up to six plants in the home, not more than three of which may be flowering; and to give away, but not sell, up to one ounce of marijuana to someone at least 21 years of age. It is one of the better decriminalization laws in the country, a welcome half-way step that is now law in 17 states as well as the District.
I say it is a half-way step, because while it legalizes the possession and use of marijuana by adults, it does not establish a legal, regulated market, such as those currently operating in Colorado and Washington, and soon to be up and running in Oregon and Alaska. (Voter initiatives in DC may not require the expenditure of city funds, so that was not an option). In DC, marijuana smokers will either have to cultivate their own marijuana in their home, or continue to buy their marijuana on the black market, with no quality controls to protect them from contaminants such as molds or pesticides, and no way to evaluate the strength of the product.
Decriminalization is obviously a giant step forward for any jurisdiction, as it ends the practice of treating marijuana smokers as criminals. Although in DC the elected City Council has already reduced the penalty for possession of up to one ounce of marijuana to a civil offense, punishable by a fine of $25, so the latest change will not be dramatic, and the changes will largely go unnoticed by the general public. Nonetheless, it is good to get rid of the fine altogether and finally make marijuana possession and cultivation legal.
Perhaps most significant, now that possession of two ounces of marijuana is legal in the District, the smell of marijuana, traditionally used by the police as legal justification to search the passenger compartment of a car without the need to obtain a search warrant, no longer provides probable cause for a search. It is impossible for the police to tell whether the marijuana they are smelling is more or less than the two ounce limit, so this much-abused police practice now must stop.
Similarly, the smell of marijuana when the police come to someone’s home has traditionally been used by the police as probable cause to obtain a search warrant for someone’s home; that common, abusive practice must now also end. So the new laws in the District will have the positive result of protecting our right to privacy and reinforcing our 4th Amendment protection against unreasonable searches and seizures.
Interestingly, Mayor Muriel Bowser and a majority of the DC City Council members were poised to develop and approve a set of regulations to license growers and dispensaries in the District, until the drug warriors in Congress used the budget bill approved at the end of the last Congress to preclude the District from spending any of its money to legalize marijuana. Some on the council have long supported more progressive marijuana laws, while others resent the interference of Congress in the local affairs in the District, which enjoys a limited form of “home rule.”
The anti-pot zealots in Congress, led by Rep. Andy Harris (R-MD), had thought their budget amendment would also stop the provisions of Initiative 71 from being implemented, but the mayor and City Council Chair Phil Mendelson and the new DC Attorney General all took the position that the initiative was “self-enacting” and required no expenditure of funds by the District, and they are treating the Congressional budget amendment as having no effect on the initiative, although they acknowledge it would block the Council from going further to regulate the market.
When the anti-marijuana ideologues in Congress saw that the elected leadership in the District were going to enforce the language of the new initiative, they publicly threatened to have the mayor and other city officials arrested! To the everlasting credit of Mayor Bowser, Council Chair Phil Mendelson and Police Chief Cathy Lanier, they held a joint press conference explaining what is and is not allowed by the new laws (no public smoking; no selling; no outdoor cultivation; and no possession on federal lands, which comprise roughly 29 percent of the District’s total land area), and announcing the new laws would take effect at 12:01am on Thursday, Feb. 26th.
It was wonderful to see a united defense of the right of the voters in the District of Columbia to determine their own marijuana policy, free from Congressional interference.
This situation may yet end up being resolved by the courts, but for the moment, the good guys are winning. As an aside, the mayor has now called for the City Council to adopt new legislation making it clear that Amsterdam-style “cannabis clubs” will not be tolerated in DC; a sop, I suppose, to the other side. We will try to stop the ban from being enacted. Smoking marijuana is a social activity, and there is no reason to limit marijuana smoking only to a private home. Hopefully we can find some middle ground that will permit smokers to exercise their new right in other private areas. This issue too may end up in the courts.
New Alaska Penalties Also Took Effect
The new legalization law recently approved by the voters in Alaska (Measure 2) calls for the establishment of licensed growers and sellers by the end of the year, but there too the parts of the new law eliminating all penalties for possession of up to one ounce of marijuana, and for cultivating up to six plants in the home, took effect last week. Once again, little will change initially for smokers in Alaska, since they have enjoyed protection from arrest or prosecution for possessing personal use amounts of marijuana in the home since 1978, because of a state Supreme Court decision, Ravin v State, finding such conduct protected by the right to privacy provisions in the state constitution.
But again, as in DC, the police will no longer be able to use the mere smell of marijuana as probable cause to search a vehicle, so the legal significance of the new law is enormous.
Oregon Law to Take Effect in Mid-Year
The new penalties approved by the voters in Oregon (Measure 91) will take effect on July 1, although the state has until Jan. 1, 2016 to implement the provisions regulating the cultivation and sale of marijuana. As of July 1, Oregonians will be legally permitted to possess up to one ounce of marijuana in public and up to eight ounces of marijuana in the home (and one pound of solid edibiles, 72-ounces of infused liquid, and one ounce of extracts), along with the right to grow up to four plants per household.
Until that time, possession of an ounce or less remains a non-criminal violation, carrying a fine-only, with no possibility of jail.
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This column was originally published on Marijuana.com.
Congressional Legislation Introduced to Get the Federal Government Out of the Marijuana Enforcement BusinessFebruary 23, 2015
House Resolution 1013, the Regulate Marijuana Like Alcohol Act, removes cannabis from the United States Controlled Substances Act. It also removes enforcement power from the US Drug Enforcement Administration in matters concerning marijuana possession, production, and sales — thus permitting state governments to regulate these activities as they see fit.
Said the bill’s primary sponsor, Democrat Jared Polis of Colorado: “Over the past year, Colorado has demonstrated that regulating marijuana like alcohol takes money away from criminals and cartels, grows our economy, and keeps marijuana out of the hands of children. While President Obama and the Justice Department have allowed the will of voters in states like Colorado and 22 other jurisdictions to move forward, small business owners, medical marijuana patients, and others who follow state laws still live with the fear that a new administration – or this one—could reverse course and turn them into criminals. It is time for us to replace the failed prohibition with a regulatory system that works and let states and municipalities decide for themselves if they want, or don’t want, to have legal marijuana within their borders.”
Separate legislation, House Resolution 1014: the Marijuana Tax Revenue Act, introduced by Democrat Rep. Earl Blumenauer of Oregon, seeks to impose a federal excise tax on the retail sale of marijuana for non-medical purposes as well as apply an occupational tax for state-licensed marijuana businesses. Such commercial taxes would only be applicable if and when Congress has moved to defederalize marijuana prohibition.
“It’s time for the federal government to chart a new path forward for marijuana.” said Rep. Blumenauer. “Together these bills create a federal framework to legalize, regulate and tax marijuana, much like we treat alcohol and tobacco. The federal prohibition of marijuana has been a failure, wasting tax dollars and ruining countless lives. As more states move to legalize marijuana as Oregon, Colorado, Washington and Alaska have done, it’s imperative the federal government become a full partner in building a workable and safe framework.”
Similar versions of these measures were introduced in the previous Congress but failed to gain federal hearings.
To contact your US House member and urge him/her to support House Resolution 1013, the Regulate Marijuana Like Alcohol Act and/or other pending federal marijuana law reform legislation, please visit NORML’s Take Action page here.
One indisputable fact is that big-money interests have now surfaced in a number of states, seeking to influence the type of legalization adopted in specific states, and to profit from the legal marijuana market. We should not be surprised that the economic appeal of legalizing marijuana would attract the attention of people with resources.
Understandably, some activists who have worked long and hard to help bring us to this point, are concerned about the entry of big money into the political equation. They fear the legalization movement has been hijacked by those seeking to profit from legal marijuana.
Of course, big money has been a major factor in the legalization movement as far back as 1996, when the California medical marijuana initiative was bailed-out with money provided by a handful of rich philanthropists, led by George Soros and the late Peter Lewis, who have been major funders supporting many of the statewide initiatives passed since, including both the Colorado and Washington state full legalization initiatives, and more recently the Oregon legalization initiative.
To Read the Balance of this Column, Please Go To Marijuana.com.