NORML filed an “amicus curiae” brief with the Massachusetts Supreme Court on Tuesday, February 18, urging the court to place more limits on police questioning and searches for possession of small amounts marijuana. Attorneys Steven S. Epstein, of Georgetown, and Marvin Cable, of Northampton, authored the brief.
In Western Massachusetts, a judge ruled that based on the odor of raw marijuana an officer could question the defendant about the presence of marijuana and seize a bag of marijuana at the direction of defendant in response to those questions. She reasoned, “a strong odor of marijuana to the officers training and experience triggered a suspicion that there was more than one ounce present.” That suspicion justified asking the Defendant about it and police entering his car to retrieve the marijuana he told them was there.
She further ruled that once police retrieved that bag they lacked the authority to search for more marijuana. She reasoned that a belief the bag was “probably” a criminal amount alone and combined with an officer’s characterization of the odor as “strong” amounted to nothing more than a “hunch.” She ordered the “other bags and the statements subsequently made by the defendant” could not be used at trial. The state appealed.
In its friend of the court brief, NORML reminds the Court of the precarious constitutionality of marijuana prohibition. It then proceeds to ask the Court to rule that: a police officer may not question a person about possible marijuana in his possession or control based only on the officer’s perception of odor, a civil violation in Massachusetts; and, that absent objectively reasonable evidence derived from weighing a bag suspected of containing over an ounce police may not detain, arrest or search a person or their possessions.
NORML argues the citizens of Massachusetts by voting to decriminalize an ounce or less of marijuana do not want police bothering people with anything more than a ticket when there are no articulated facts that a suspected possession of marijuana is criminal in nature. One of the intents of the decriminalization law was to free police to pursue more pressing issues than marijuana possession.
Oral argument in the case of Commonwealth v. Overmyer is scheduled for March 3, with a decision possible before the summer of 2014.
Our nation’s marijuana laws are being held hostage by a prohibition industrial complex.
The latest Wall St. Journal/NBC poll shows, yet again, that the majority of Americans support legalizing the recreational use of marijuana for adults age 21 and over. But despite this surge in support (several other national polls have seen similar results), there are a few well financed, politically powerful groups that remain staunchly against reform – and will likely serve as the biggest hinderance to widespread change. These folks have made a lot of money off of marijuana’s current legal status, and those individuals (as well as their businesses/shareholders) are deeply invested in making sure things stay the way they are. The wide range of direct and auxiliary enforcement mechanisms, as well as the increase in drug testing laws are driven by companies and businesses who provide the services necessary to support this disastrous and wasteful policy.
One such industry that has a financial interest in maintaining the status quo is law enforcement, especially drug officers and private prisons. Drug officers benefit from forfeiture and federal grants. Private prisons keep their jails full and multi-million dollar state contracts in place. The Office of National Drug Control Policy requested $9.4 billion in funding for 2013, the majority of which went to enforcement and incarceration. More specifically, California police – one of the most vocal opponents to legalization in the state made $181.4 million by seizing and selling the homes and cars of Californians involved in marijuana cases from 2002 to 2012. Police in Washington are already taking budget hits as a result of the passage of I-502, the state’s marijuana legalization initiative that passed in 2012. It was reported that some police drug task forces lost 15 percent of funding due to decreased revenue from marijuana forfeiture cases. On a national level, marijuana cases netted $1 billion in assets forfeited between 2002 and 2012. Assets can be seized under federal or state law, depending on the situation. The Wall St. Journal recently reported that marijuana law reform would cut into a significant percentage of drug task forces’ revenue. Most cash generated from drug-related property forfeitures goes to the law enforcement agency that made the bust. The Journal reports that “Nationally, assets forfeited in marijuana cases from 2002 through 2012 accounted for $1 billion of the $6.5 billion from all drug busts.” Task forces also rely heavily on federal grants.
One example of a federal grant relied heavily upon by drug task forces is Edward Byrne Memorial Justice Assistance Grant Program. The amount of money distributed is based on the number of drug arrests made for that year, among other components. The more drug arrests made, the more grant money provided, and 50% of all drug arrests are marijuana related. No drug will be able to fill the void of marijuana arrests. Marijuana is easier to spot and smell, and is consumed by more people than any other illegal drug, making marijuana arrest rates a significant percentage of overall revenue. Then you have state contracts with private prisons, which mandate that facilities be filled at 90% capacity at all times. If 50% inmates are there as a result of drug-related crimes, and half of that is for marijuana – legalization would be a serious threat to new contracts and increased profits.
Another industry tied into the prohibition industrial complex is the drug testing market. It’s a multi-billion dollar a year industry with its own, built in legislative advocacy machine. Take DATIA , the Drug & Alcohol Testing Industry Association for example. This industry organization represents more than 1,200 companies and employs a DC-based lobbying firm, Washington Policy Associates. Their mission statement includes, among other things, creating “new opportunities for the drug testing industry.”
In 2002, a representative from the influential drug-testing management firm Besinger, DuPont & Associates (Robert DuPont, Nixon’s first drug czar is a high profile opponent to legalization) heralded schools as “potentially a much bigger market than the workplace.” Workplace drug testing is a declining market due to the fact that employees see minimal return on investment. In fact, a DATIA newsletter dubbed school children “the next frontier.” Unsurprisingly, this industry advocates testing in all grades and for all extracurricular activities. It should be noted that several reports have concluded that drug testing minors is not only ineffective but can be emotionally and psychologically damaging. Lucky, many schools have been reluctant to embrace testing.
Year after year, the drug testing industry gears up for another legislative push, ghostwriting bills for local and national lawmakers demanding testing for people who receive public assistance. Many of these elected officials are either financially investment in these companies, or received significant financial contributions from industry organizations. For example, in February 2012, Congress amended federal rules to allow states to drug-test select unemployment applicants. Among the lawmakers advocating for the change was Congressman Dave Camp, who owns at least $81,000 in assets in companies that are major players in the drug-testing industry, such as LabCorp and Abbott Laboratories. He has also received $5,000 in federal campaign contributions from LabCorp over the past three years. Abbott Laboratories spent $133,500 on campaign donations to Ohio and Texas state politician promoting drug testing to welfare recipients, in the lead-up to the 2010 and 2012 elections, in addition to more than $500,000 spent by the company on state lobbying contracts since 2010.
The industry is once again flexing its political arm pushing for policies that mandate drug testing for welfare recipients. Legislation has already been introduced in Virginia, New York, Arizona, Ohio, Iowa, Illinois and Mississippi, for the 2014 legislative session.
Two of the most outspoken opponents of marijuana legalization are David Evans and Robert DuPont. DuPont, Founder of Besinger, DuPont & Associates served as the nation’s first drug policy director under Presidents Richard Nixon and Gerald Ford. During that time he had advocated decriminalizing marijuana and its use a “minor problem.” Once he left public office however, he became a “drug-testing management” consultant. David Evans worked for Hoffmann-La Roche, a multi-billion dollar drug testing group encouraging workplace drug testing policies. He now runs his own lobby firm and has ghostwritten several state laws to expand drug testing. Drug testing overall detects marijuana more than any other drug, which stays in the body for up to a month — as opposed to other harder drugs like cocaine and heroin, which are metabolized within one to three days. That is why they have such significant stake in keeping the plant illegal.
The total income for all of these industries combined adds up to hundreds of billions of dollars annually, a significant amount derived from taxpayer dollars. An industrial complex is when there is a policy and monetary relationship between legislators, the public sector and an industrial base that supports them. Just like the military industrial complex, the prohibition industrial complex, and its cycle of laws, enforcement and contracts will pose a major challenge to reform efforts. This will be especially true in states that don’t have ballot initiatives, which is why it is so important for everyone to get active on a local level, and hold lawmakers accountable. Though difficult, this will not be an impossible challenge to overcome, as long as we remain diligent and active in the political process.
Please take a minute of your time today to utilize NORML’s Take Action Center to contact your representatives and urge them to support or sponsor marijuana law reform legislation. Click here to see if there is a bill pending in your state, and here to find contact information for your elected officials.
Federal officials are poised to unveil new regulations allowing for financial institutions to legally interact with licensed businesses that are engaged in cannabis commerce.
United States Attorney General Eric Holder announced the forthcoming guidelines yesterday in a speech at the University of Virginia’s Miller Center.
“You don’t want just huge amounts of cash in these place. They (retail facilities that dispense cannabis) want to be able to use the banking system,” Holder said. “And so we (the Obama administration) will be issuing some regulations I think very soon to deal with that issue.”
Presently, federal law discourages financial institutions from accepting deposits or providing banking services for facilities that engage in cannabis-related commerce because the plant remains illegal under the US Controlled Substances Act. While the Obama administration is unlikely to amend cannabis’ illegal status under federal law, the forthcoming rules are anticipated to provide clear guidelines for banks that wish to provide support for state-licensed cannabis facilities.
In Colorado, where retail stores began legally selling cannabis on January 1 to anyone age 21 and older, businesses were estimated to have engaged in over $5 million in marijuana sales in their first week of business.
If there is another human being who has publicly debated more in favor of cannabis law reform, or, spoken to more legal victims of America’s cannabis laws than me, I want to meet and thank them. From these hundreds of debates and thousands of personal encounters with my fellow cannabis consumers busted for ganja, one single phrase that I constantly hear from those who still support cannabis prohibition that instantly pushes my button is: No one gets busted for pot anymore in America…It’s practically legal.
Thankfully, because of the non-stop work from a cast of thousands of citizen-activists, going back over forty years, the latter is somewhat true for about one-third of America’s population. However the former is a bald face lie that must be confronted every time it is uttered by the proponents of pot prohibition.
Even in states where cannabis is supposed to be decriminalized, where states have passed laws making cannabis a ‘minor civil offense’, an encounter with law enforcement regarding one’s cannabis possession or use can have expensive, life-altering and devastating negative effects on a person’s life.
Kudos to BuzzFeed for producing a very well done video profile of a beloved public school teacher in New York City named Alberto Willmore, who, save for this video, would be yet another faceless victim of New York City’s expensive and reckless enforcement of what should be a minor civil offense, like a parking ticket or citation for spitting on the sidewalk. Instead of simply issuing Mr. Willmore a civil fine for possessing a small amount of cannabis, New York City continues to disrespect state laws governing cannabis possession by arresting, detaining, prosecuting and forcing Mr. Willmore to lose his dream job as an art teacher for what law enforcement deem a ‘serious crime’, when the legislature does not–even more so when almost 60% of the US public support legalizing cannabis sales.
NORML has been advocating for almost twenty years in New York City for the city to return to it’s historic cannabis possession arrest rate of under 1,000 per year, down dramatically from the now nearly 40,000 cannabis possession arrests annually in New York City, which exploded under mayors Giuliani and Bloomberg.
Next time you hear a law enforcement representative, opinion maker or politician declare that ‘nobody gets busted for pot any more’, remind them of one of America’s nearly 700,000 annual cannabis arrests: Alberto Willmore
With the recent release by incoming mayor Bill de Blasio’s family of a video from his daughter talking about her use of cannabis, and incoming police commissioner William Bratton’s long experience in effective policing, NORML hopes that 2014 will finally be the year that New York City ceases being the hotbed for cannabis arrests in America and relents on destroying the lives of it’s otherwise productive and appreciated citizens–like Alberto Willmore–who happen to choose to consume cannabis in their home.
On Thursday November 21, US law enforcement agents, along with local police officers raided 14 medical marijuana locations around Colorado (including dispensaries, grow warehouses and 2 private residences), making it one of the largest federal raids since the state’s medical marijuana laws went into effect. A search warrant identifies 10 target subjects, noting alleged violations to the latest DOJ memo dealing with state pot laws that contradict federal policy.
On August 29th, the Justice Department issued a memo to federal prosecutors indicating it wouldn’t interfere with legal marijuana businesses that are acting compliance with state law, so long as they strictly adhere to eight specific areas of concern such as preventing distribution to minors and cultivation on public lands. Jeff Dorschner, spokesman for the U.S. Department of Justice in Denver said that “there are strong indications that more than one of the eight federal prosecution priorities identified in the Department of Justice’s August guidance memo are potentially implicated.” Two of those violations appear to include trafficking marijuana outside of states where it has been legalized and money laundering. No arrests have been made in this case as of yet.
Many of the locations raided on Thursday had multiple marijuana-related businesses at a single address. According to the Denver Post, “Investigators believe the businesses that were raided are all “one big operation…[and that] those targeted in the raids had been actively purchasing area dispensaries and growhouses over a sustained period of time.”
Juan Guardarrama, One of the named targets, is known to have a criminal history with potential ties to Cuban and Colombian drug gangs, according to the Miami Herald. In 2012 Guardarrama, who is also referred to as “Tony Montana” from the Al Pacino movie “Scarface,” asked undercover police officers to transport his CO-grown marijuana to Florida and?to?”take out”?his?partner. He pleaded guilty earlier this year in Miami in a racketeering case.
This case clearly has a lot of moving parts, and more information is needed to understand the full scope of the situation. But, if evidence proves that there have been large-scale violations to any of the recent DOJ memo’s eight areas of concern, one can’t be surprised that the federal government would act in accordance to its own guidelines. As more information emerges, the public will get a better understanding of the story and the alleged players involved in this operation.