Representative Marino is a longtime, rabid drug warrior who has a consistent record of voting against marijuana law reform legislation — a position that runs counter to that of the majority of voters and his own constituents. His appointment to this office highlights the fact that this administration remains committed to the failed 1980s ‘war on drugs’ playbook.
The Trump administration promised to eliminate bureaucratic waste. It should start by eliminating the office of the Drug Czar.
The White House Drug Czar is required, by statute, “to oppose any attempt to legalize the use of a substance that is listed in Schedule I” and to “ensure that no Federal funds … shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in Schedule I.” This narrow-minded, Flat Earth mentality refuses to acknowledge the reality that the majority of the country is now authorized to engage in the use of medical cannabis and it mandates that US drug policy be dictated by rhetoric and ideology rather than by science and evidence.
NORML opposes Marino’s appointment to the position of Drug Czar and we further call for this anti-science agency to be abolished entirely.
The Drug Czar’s office is a remnant of a bygone era when US drug policy was framed as a ‘war’ fueled largely by rhetoric and ideology. In 2017 we can do better and we must. The majority of Americans view drug abuse as a public health issue, they favor regulating cannabis as opposed to criminalizing it, and they are demanding policy changes based on facts.
Tell President Trump: There is no place for ‘Czars’ in today’s American government, particularly those like Marino who still cling to outdated and failed drug war policies that embody misplaced ideologies of the past.
Today, the federal Liberal government of Canada released a slate of proposed bills that would legalize and regulate the commercial sale and adult use of marijuana in the country. The legislation would establish 18 as the minimum legal age to purchase marijuana and would create a legal framework for production, sale, and distribution. The bills were introduced in the House of Commons by Justice Minister Jody Wilson-Raybould, Public Safety Minister Ralph Goodale, Health Minister Jane Philpott and Foreign Affairs Minister Chrystia Freehand.
You can read more details on the proposed legislation HERE.
This sensible approach to marijuana stands in stark contrast to the direction and tone United States President Donald Trump and his administration have been taking on the issue. While the Canadian government is moving in the direction of legalization and regulation, the Trump Administration and Attorney General Jeff Sessions seem more intent on reviving outdated and erroneous Drug War rhetoric than allowing science and facts to dictate public policy. The United States should follow Canada’s example and end our own costly and disastrous prohibition on marijuana.
West Virginia legislators on Thursday approved a significantly amended version of Senate Bill 386, which seeks to establish a state-regulated medical cannabis program. The measure now awaits action from Democrat Gov. Jim Justice, who has previously expressed support for permitting qualified patients access cannabis therapy.
If signed into law, West Virginia will become the 30th state to authorize by statute the physicians-recommended use of cannabis or cannabis-infused products.
Under the amended measure, qualified patients will be permitted to obtain cannabis-infused oils, pills, tinctures, or creams from a limited number of state-authorized dispensaries. Cannabis-based medications will be produced by state-licensed growers and processors. Patients will not be permitted to grow their own cannabis, nor will they be able to legally access or smoke herbal formulations of the plant. Similar restrictive programs are presently in place in Minnesota and New York and are awaiting implementation in Louisiana, Pennsylvania, and Ohio.
To participate in the proposed program, both patients and physicians would need to be registered with the state. Government officials are not mandated under the legislation to begin issuing patient identification cards until July 1, 2019.
United States Attorney General Jeff “Marijuana Consumers Aren’t Good People” Sessions has issued a formal memorandum calling on members of the Justice Department’s Task Force on Crime Reduction and Public Safety to “undertake a review of existing policies,” including federal enforcement policies with regard to cannabis.
The memo was sent on April 5 to 94 U.S. Attorney’s Offices and Department of Justice component heads.
The Attorney General has requested a report back from task force members by no later than July 27th. You can read the full memo here.
The release of this memorandum provides us with a general time frame during which to expect any formal announcements from the new administration with regard to addressing marijuana policy — specifically whether the Justice Department will respect state legalization laws.
In the interim, members of Congress can remove all of the bite from Jeff Sessions’ bark by approving the bipartisan Respect State Marijuana Laws Act, which prevents the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana.
Speaking recently before Congress, Attorney General Sessions said that his job is to enforce federal law. Let’s change federal law to ensure that our reform victories remain in place, and so that we can build upon these victories in the future.
But while the Justice Department contemplates its next move, state politicians are taking action. In recent days, Washington Gov. Jay Inslee (D), Colorado Gov. John Hickenlooper (D), Oregon Gov. Kate Brown (D) and Alaska Gov. Bill Walker (I) issued a letter to the new U.S. Attorney General and to Secretary of Treasury Mnuchin calling on them to uphold the Obama Administration’s largely ‘hands off’ policies toward marijuana legalization, as outlined in the Cole Memo.
“Overhauling the Cole Memo is sure to produce unintended and harmful consequences,” the governors wrote. “Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.”
Political and social change rarely comes from the top on down, it comes from the bottom up. That is why it is imperative for you to not only contact your federal officials in support of changing policy, but also to continue to push for change at the local and state level.
Click HERE to view pending federal and state legislation and easily contact your elected officials in support of them.
Click HERE to find a local NORML chapter in your area and get involved. NORML Kansas City this week successfully placed marijuana decriminalization on their municipal ballot and saw it pass with 71% support. This is the kind of positive change a group of committed volunteer citizens can bring to their communities.
A people united will never be defeated and together we WILL end marijuana prohibition nationwide.
Houston Has Decriminalized Marijuana, Reveals Conflicting Attitudes and Budget Priorities of Law EnforcementApril 3, 2017
On March 1, Harris County District Attorney Kim Ogg decriminalized marijuana by instituting the new Misdemeanor Marijuana Diversion Program. This decision in Harris County, which includes the city of Houston, affects more than 4.5 million Texans. As a result, possession of less than 4 ounces of marijuana is now punishable by up to $150, required attendance of a “decision making” class, and no criminal record.
With so many Sheriffs Associations and prosecutors traditionally advocate for maintaining marijuana prohibition, even lobbying our legislators with our tax dollars in order to cash in on asset forfeitures, what happened in Harris County marks a real tipping point for ending prohibition in the state of Texas and reveals a growing organization within law enforcement that wants to correct currently ineffective marijuana policy by deprioritizing arrests for simple possession.
Harris County courts and jails were long overwhelmed by arrests and prosecutions for small marijuana possessions. According to internal data provided from the Harris County District Attorney’s office, the cost of enforcing marijuana prohibition in Harris County tax dollars prior to decriminalization (including court fees, indigent defense, DA fees, jail costs, crime labs and labor costs from local police) were estimated at $26,663,800 annually.
To put that amount of money into perspective, that’s more than enough money for the city of Houston to build a new high school or a 17-bed medical facility every year. Another way to look at it is that these freed up resources can now give prosecutors and police the ability and time required to test the backlog of rape kit evidence and investigate unsolved violent crimes in Harris County. What a concept! Instead of confiscating assets and ruining the lives of nonviolent citizens, we can prosecute the violent criminals that law enforcement are sworn to protect us from.
These estimates don’t include the tax dollars or collateral damage that marijuana prohibition on families including separation from loved ones, lost income from jailed parents or the emotional toll time spent in state custody can have on children. Even for Harris County, these remain real threats under state and federal law.
But after Ogg’s March 1st decision in Harris County, something changed. It was a change that could be felt in the halls of the Texas state capitol. During the Committee hearing on HB81 to decriminalize marijuana in Texas on March 13th, unlike any previous marijuana bill, not a single Sheriff’s Association came to testify against the bill; just one lonely prosecutor from Odessa. By contrast, the halls of the Texas State Capitol filled with members of the Law Enforcement Action Partnership, friendly state Congressman like Rep. Joe Moody (D-El Paso) and Jason Isaac (R-Dripping Springs), Executive Director Jax Finkle of Texas NORML, and Heather Fazio of Texans for Responsible Marijuana Policy all lobbying on our behalf to get HB 81 and SB 170 into committee.
However, as Bob Sechler from the Austin American Statesman recently reported, “Still, some law enforcement representatives are dubious, saying among other things that low-volume pot possession can provide police with probable cause to investigate bigger crimes, and that there currently isn’t a good, on-the-spot test to determine if a driver is under the influence of marijuana.”
The other argument made by Lawrence, that “low-volume pot possession can provide police with probable cause to investigate bigger crimes,” is evidence of a different addiction: an addiction distinct to law enforcement for asset forfeitures. When an informant remains planted on a suspect for decades after a plethora of evidence to close the case, or when law enforcement stops only the cars going south with cash and not the ones going north with drugs, we have what can only be described as an asset forfeiture epidemic lead by the Controlled Substances Act of 1970. Lawrence doesn’t even take into consideration if the detection of marijuana is either a violent or dangerous threat to roadway safety, admitting his worry is he can’t determine if someone is impaired. (Hint: a good indication the driver is not impaired). By that logic, Lawrence implies he is satisfied with the casualties, tax expenses and arrests of nonviolent citizens whose only offense is possession of marijuana, so long as a portion of those arrested lead to “serious” crimes (or asset forfeitures). This erroneous argument is so preposterous he doesn’t appear to realize he is admitting that encountering someone who has consumed marijuana is relatively safe.
So let’s look at the financial motivations of law enforcement that remain loyal to marijuana prohibition. On the other side of Texas from Harris County, on the I-10 corridor near El Paso, federal grants used to be the major motivator for marijuana possession arrests by a self-proclaimed “Boss Hog” in Hudspeth County, where to fill a federal quota the Sheriff infamously arrested Willie Nelson and even Snoop Dog on road tours for possession. Those funds were more bureaucratic in that the grants kept the Sheriff and private jail facilities employed, but the profit motives were parasitic. The Obama administration tried to do away with private prison contracts but Trump and Sessions are bringing them back.
But what about those civil asset forfeitures? Sheriff’s Associations or prosecutors using our tax dollars to lobby for asset forfeitures are more sinister in that not all the money seized gets accurately reported, and since property and money are seized without due process, victims find it difficult and expensive to go to court dockets titled “The State of Texas vs. $10,000,” only to find in some instances a prosecutor instead of a judge in court.
However, looking at the DOJ’s Asset Forfeiture Program Annual report for 2012, the local money being reported as seized just doesn’t add up to the cost of incarcerating so many non-violent people in possession of marijuana. Harris County reported: $1,387,430 in seized assets, more than most other Texas counties. But we would have to add up the entire state total of $31,520,522 in local asset forfeitures before we can get passed the $26,663,800 in annual costs for prosecuting and jailing minor marijuana possessions in just Harris County alone. Federal agencies target all the big asset seizures but according to this inspector general’s report, what gets accurately reported of that money causes more corrupt internal fighting and competition between federal agencies than any shared resources with local law enforcement.
In short, for local jurisdictions, decriminalizing marijuana makes plain economic sense. And for districts with law enforcement overwhelmed and under budget decriminalization may be the only logical choice to keep up with the payroll.
What do we do as activists? We can pay attention to candidates for District Attorney and Sheriff to vet them on marijuana policy so we can take local action to decriminalize. (After they become Sheriff? Just say “Am I being arrested?” and make sure you know what a Motion to Suppress Evidence is: example here)
But the real people we need to contact to make effective improvement in marijuana policy is not the President, the DA, a cop or anyone in the executive branch: It’s our state and local Congressman in the legislative branch. And this is the right website to do so.
Texas resident? Take Action:
HB 81 and SB 170 to decriminalize marijuana is pending in their respective chambers. Contact your Texas Representative to support HB 81 and SB 170 by clicking here
Vice Chair Todd Hunter is also the Chair of the Calendar Committee which decides if bills get a floor vote in Texas. Hunter held up a decriminalization bill in 2015 by failing to put the vote on the Calendar. If you live in Chorpus Christi, give Todd Hunter a call and tell him to give HB81 a floor vote!
Also in Texas do not forget to mention SB380 to abolish civil asset forfeiture in the state of Texas.