endorsement of NORML PAC).
What personally made you embrace marijuana law reform?
Senator Daylin Leach: My embrace for marijuana reform was based off of the pernicious and destructive laws currently in place. We live in a society where marijuana prohibition is putting a strain on our justice system that cannot continue, where sick children and adults are not getting the medicine they need, and where otherwise law-abiding citizens are losing their freedom for partaking in a “drug” that is so much less harmful than alcohol.
Despite 58% of Americans supporting marijuana legalization, why do you think some politicians are still hesitant to support these important reforms?
DL: Fear and lack of understanding Though the public is overwhelmingly supportive, understanding this support has not made its way up to many elected officials. They fear losing their next election and they do not understand what this polling means, how American sentiment on this issue has shifted.
Only after they see other politicians running – and winning – on ending prohibition will they understand that the tide has truly turned.
That is where NORML comes in, those of us who are running for Congress on this issue need your support so that we can show that this is not an issue to be afraid of, and that public support in polls is evident at the voting booth.
What has the reception to your marijuana reform platform been like?
DL: The reception from within the movement, from groups like NORML, has been fantastic.
From voters and constituents, it has been gratitude that we are talking about finding an end to prohibition, that we are finding safe and legal ways for people to get the medicine that they need, and that we are bringing some common sense to the criminal justice system.
The only push-back that I’ve gotten is from some of my fellow politicians who (as I stated in the earlier response) just don’t get it.
What advice would you give to marijuana law reform supporters who are working to change laws and bring politicians over to their side?
DL: Three words: win more elections.
Whether it is through campaign contributions (every bit helps!), or volunteering to help make phone calls or knock on doors, we need everyone who cares about this issue to mobilize around elections. And once we start winning, the politicians will follow.
If elected, what actions would you take to move away from our failed policy of marijuana prohibition?
DL: Ideally, the federal government would end prohibition with a single piece of legislation, but realistically, we that won’t pass — yet.
So, given the political realities, we need to push for more achievable goals. That is why, on taking office, I would add my name as a co-sponsor to HR 1635: the National Commission on Federal Marijuana Policy Act; HR1523: the Respect State Marijuana Laws Act; and, most importantly, HR 2652: The Marijuana Business Access to Banking Act so that businesses conducting legal business transactions can do so with the same federal banking protections as every other business.
It is winning incremental steps like these that will slowly push lawmakers toward our ultimate goal.
Any final words for the NORML audience?
DLNo other candidate in the Congressional election in PA-13 supports anything close to marijuana legalization, and no other candidate has even addressed it as part of their campaign. I have, and I am proud of that. But I can only get there with your help.
My Congressional district covers parts of Philadelphia and is in the 4th most expensive media market in the country (behind only New York, Los Angeles, and Chicago). Our election is May 20th and to communicate our message we are currently spending $200,000 a week!
We need you. Only by wining victories like my race will the issue and the movement progress forward. If you can make a contribution, thank you. If you can’t, sign up to phone bank (which you can do from anywhere in the country), and if you live near Philadelphia, stop by to help us knock doors.
This campaign lives and dies by the grassroots efforts of our supporters, and we need you now!
Thank you for all of your support.
Stay tuned for more interviews with policymakers, politicians, candidates, and public figures in the near future here on NORML Blog. For more information about Daylin Leach you can click here. The Pennsylvania Democratic Primary will be held on May 20th of this year, click here to find your polling place and here. A map of the Pennsylvania 13th Congressional District is available here.
In an interview with NPR released today, retired Supreme Court Justice John Paul Stevens came out in support for marijuana legalization.
When asked if he believed the federal government should legalize marijuana, the 94 year old former Justice replied:
“Yes, I really think that that’s another instance of public opinion [that's] changed. And recognize that the distinction between marijuana and alcoholic beverages is really not much of a distinction. Alcohol, the prohibition against selling and dispensing alcoholic beverages has I think been generally, there’s a general consensus that it was not worth the cost. And I think really in time that will be the general consensus with respect to this particular drug.”
You can listen to the full interview from National Public Radio here.
Stevens joins the majority of Americans who are ready to see an end to our war on marijuana consumers and for the country to move towards a system of legalization and regulation.
The Arizona Supreme Court this week rejected a 1990 state law that classified the presence of inert THC metabolites in blood or urine as a per se traffic safety violation.
Carboxy-THC, the primary metabolite (breakdown product) of THC is not psychoactive. Because it is lipid soluble, the metabolite may remain detectable in blood or urine for periods of time that extend well beyond any suspected period of impairment. As a result, the US National Highway Traffic Safety Administration acknowledges, “It is … currently impossible to predict specific effects based on THC-COOH concentrations.”
Nonetheless, under Arizona law, the mere presence of carboxy THC — absent any evidence of behavioral impairment — was considered to be a criminal violation of the state’s traffic safety laws. (Delaware, Georgia, Illinois, Indiana, Iowa, Nevada, Ohio, Oklahoma, Rhode Island, and Utah impose similar statutes.) On Wednesday, the Court struck down the provision.
Writing for the majority, Justice Robert Brutinel opined: “The State’s interpretation that ‘its metabolite’ includes any byproduct of a drug listed in § 13-3401 found in a driver’s system leads to absurd results. … Most notably, this interpretation would create criminal liability regardless of how long the metabolite remains in the driver’s system or whether it has any impairing effect. For example, at oral argument the State acknowledged that, under its reading of the statute, if a metabolite could be detected five years after ingesting a proscribed drug, a driver who tested positive for trace elements of a non-impairing substance could be prosecuted.”
He added: “Additionally, this interpretation would criminalize otherwise legal conduct. In 2010, Arizona voters passed the Arizona Medical Marijuana Act (“AMMA”), legalizing marijuana for medicinal purposes. Despite the legality of such use, and because § 28-1381(A)(3) does not require the State to prove that the marijuana was illegally ingested, prosecutors can charge legal users under the (A)(3) provision. Because carboxy-THC can remain in the body for as many as twenty-eight to thirty days after ingestion, the State’s position suggests that a medical-marijuana user could face prosecution for driving any time nearly a month after they had legally ingested marijuana.”
The Court concluded: “Because the legislature intended to prevent impaired driving, we hold that the ‘metabolite’ reference in § 28-1381(A)(3) is limited to any of a proscribed substance’s metabolites that are capable of causing impairment. Accordingly, … drivers cannot be convicted of the (A)(3) offense based merely on the presence of a non-impairing metabolite that may reflect the prior usage of marijuana.”
The Court did not address provisions in the state’s per se DUI law outlawing the operation of a motor vehicle with any presence of THC in one’s blood even though, according to NHTSA, “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects.”
Alaska voters will decide this November on a proposed initiative to regulate the production and retail sale of cannabis to adults.
Although the measure was initially scheduled to go before voters during the state’s primary election in August, state officials this week decided to push back the vote to the November general election. The postponement was required because lawmakers failed to adjourn this year’s legislative session within 90 days, the standard time allotted under state rules. Under Alaska law, ballot initiatives must go to voters no less than 120 days after the end of that year’s legislative session.
If enacted by voters this November, the ballot measure would legalize the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants (three flowering) for personal consumption. It would also allow for the establishment of licensed, commercial cannabis production and retail sales of marijuana and marijuana-infused products to those over the age of 21. Commercial production and retail sales of cannabis would be subject to taxation, but no taxes would be imposed upon those who choose to engage in non-commercial activities (e.g., growing small quantities of marijuana for personal use and/or engaging in not-for-profit transfers of limited quantities of cannabis.) Public consumption of cannabis would be subject to a civil fine.
The measure neither amends the state’s existing medical marijuana law, which was approved by voters in 1998, nor does it diminish any privacy rights established by the state’s Supreme Court in its 1975 ruling Ravin v State.
Under present state law, the possession of marijuana not in one’s residence is classified as a criminal misdemeanor punishable by up to 90-days in jail and a $2,000 fine.
According to the results of a statewide Public Policy Polling survey, released in February, 55 percent of registered voters “think (that) marijuana should be legally allowed for recreational use, that stores should be allowed to sell it, and that its sales should be taxed and regulated similarly to alcohol.” Only 39 percent of respondents oppose the idea. The survey possesses a margin of error of +/- 3.4 percent.
If enacted, Alaska will be the third US state to regulate the legal retail production and sale of cannabis to adults.
Also this November, voters in Florida will decide on a constitutional amendment to allow for the physician-approved use and retail distribution of cannabis for medical purposes.
Democrat Gov. Martin O’Malley today signed two separate pieces of legislation reforming the state’s marijuana laws.
Senate Bill 364 amends existing penalties for marijuana possession offenses involving ten grams or less from a criminal misdemeanor (presently punishable by arrest, up to 90 days in jail, a $500 fine, and a criminal record) to a non-arrestable, non-criminal fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders). The new depenalization law takes effect on October 1, 2014.
House Bill 881 seeks to provide for the state-licensed production and dispensing of marijuana to qualified patients who possess a written certification from their physician. The new law will take effect on June 1, 2014, at which time the state shall establish a commission to draft rules and regulations overseeing the production and distribution of medical marijuana. However, the licensing program is not anticipated to be up and running until 2015.
Maryland is the 18th state to depenalize minor marijuana possession offenses to a non-arrestable offense. It is the 21st state to allow for the doctor-recommended access to medicinal cannabis.