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LAW ENFORCEMENT

  • by Paul Armentano, NORML Deputy Director May 23, 2014

    The Drug Enforcement Agency is permitting Kentucky farmers to go forward with plans to engage in the state-sponsored cultivation of industrial hemp.

    According to the Associated Press, representatives from the federal anti-drug agency late Thursday granted Kentucky regulators permission to import an estimated 250 pounds of hemp seeds.

    The agency had previously confiscated the seeds, which Kentucky officials had ordered from Italy. In response, Kentucky’s Agriculture Department sued the agency last week.

    After two federal hearings, as well as a face-to-face meeting with Senate Minority Leader Mitch McConnell (R-KY), DEA officials on agreed to authorize the shipment of hemp seeds to go forward — ending the approximately month-long standoff. Kentucky’s first modern hemp planting may occur as soon as this weekend, the Associated Press reports.

    In February, members of Congress approved language (Section 7606) in the omnibus federal farm bill authorizing states to sponsor hemp research absent federal reclassification of the plant. Since then, five states — Hawaii, Indiana, Nebraska, Tennessee, and Utah — have enacted legislation authorizing state-sponsored hemp cultivation. (Similar legislation is pending in Illinois and South Carolina.)

    Kentucky lawmakers initially approve legislation regulating hemp production in 2013.

    According to a 2013 white paper authored by the Congressional Research Service, a “commercial hemp industry in the United States could provide opportunities as an economically viable alternative crop for some US growers.”

  • by Paul Armentano, NORML Deputy Director April 23, 2014

    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.”

  • by Paul Armentano, NORML Deputy Director April 21, 2014

    African Americans are arrested for marijuana possession offenses in Minnesota at a rate that is more than six-times higher than that of Caucasians, according to an analysis of 2011 FBI arrest data released today by the nonpartisan think-tank Minnesota 2020 and commissioned in part by Minnesota NORML.

    Although African Americans comprise less than six percent of the state’s population, they represented over 27 percent of those persons arrested for violating marijuana possession laws in 2011. By comparison, whites comprise some 87 percent of the state’s population and constituted 69 percent of those arrested for violating marijuana possession laws. “Thus, the black arrest rate for marijuana possession was 687 and the white arrest rate was 107, making blacks 6.4 times more likely to be arrested for marijuana possession than whites,” the study found.

    In 2010, blacks in Minnesota were arrested for cannabis possession at 7.8 times the rate of whites. Both African Americans and Caucasians consume cannabis at approximately similar rates.

    The racial disparity in Minnesota in marijuana possession arrests is significantly higher than the national average. According to a 2013 analysis of marijuana possession arrests by race in 945 counties nationwide, blacks are approximately four times as likely as whites to be arrested for marijuana possession.

    “[This] kind of over-representation cannot be accounted for without racial bias,” Minnesota 2020 Executive Director Steve Fletcher said today at a press conference. “It means black Minnesotans are bearing a disproportionate share of the personal and collateral costs of our war on drugs.”

    A variety of factors contribute to the disparity in arrest rates, the study found. These include “over-policing in communities of color, cultural differences in where or how marijuana is used and purchased, and [the prevalence] of grants and seizure policies that incentivize volume over quality in drug arrests,” the think-tank acknowledged in a press release.

    The report estimated that the collateral costs of a low-level marijuana arrest may total as much as $76,000 over the course of a decade, including attorney fees, fines, costs associated with attending mandatory drug treatment, lost income and job prospects, and barriers to public assistance and federal aid.

    “In light of these human and financial costs, Minnesota lawmakers and law enforcement officials have a responsibility to consider whether marijuana possession laws in their current conception are actually contributing to public safety, or if they are instead producing undue hardship for individuals and growing inequities within society,” the study concludes.

    Full text of the study, entitled “Collateral Costs: Racial Disparities and Injustice in Minnesota’s Marijuana Laws,” is available online here.

  • by Paul Armentano, NORML Deputy Director April 8, 2014

    The enactment of medicinal cannabis laws is not associated with any rise in statewide criminal activity and may even be related to reductions in incidences of violent crime, according to data published online in the journal PLoS ONE.

    Researchers at the University of Texas at Dallas tracked crime rates across all 50 states between the years between 1990 and 2006, a time period during which 11 states legalized marijuana for medical use. Authors reviewed FBI data to determine whether there existed any association between the passage of medicinal cannabis laws and varying rates of statewide criminal activity, specifically reported crimes of homicide, rape, robbery, assault, burglary, larceny, and auto theft.

    Investigators reported that the passage of medical marijuana laws was not associated with an increase in any of the seven crime types assessed, but that liberalized laws were associated with decreases in certain types of violent crime.

    “The central finding gleaned from the present study was that MML (medical marijuana legalization) is not predictive of higher crime rates and may be related to reductions in rates of homicide and assault,” authors reported. “Interestingly, robbery and burglary rates were unaffected by medicinal marijuana legislation, which runs counter to the claim that dispensaries and grow houses lead to an increase in victimization due to the opportunity structures linked to the amount of drugs and cash that are present. Although, this is in line with prior research suggesting that medical marijuana dispensaries may actually reduce crime in the immediate vicinity.”

    Researchers concluded: “Medical marijuana laws were not found to have a crime exacerbating effect on any of the seven crime types. On the contrary, our findings indicated that MML precedes a reduction in homicide and assault. … In sum, these findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses a danger to public health in terms of exposure to violent crime and property crimes.”

    Full text of the study, “The Effect of Medical Marijuana Laws on Crime: Evidence from State Panel Data, 1990-2006,” appears online here.

  • by Erik Altieri, NORML Communications Director April 5, 2014

    A survey released this week by the publication Law Officer revealed that a majority of law enforcement officers want to see our country’s marijuana laws reformed.

    The poll, which questioned over 11,000 law enforcement officers regarding their opinions on drug policy, revealed that just over 64% believed our marijuana laws needed to be relaxed in some form. When asked “Do you believe possession of marijuana for personal use should…” and presented with several options, 35.68% of respondents stated that marijuana be legalized, regulated and taxed, 10.84% chose that it should be be legalized for medical reasons and with a doctor’s prescription only, 14.24% said it should continue to be illegal but only punished via fines (no incarceration), and 3.68% said marijuana should simply be decriminalized. Only 34.7% believed marijuana should continue to be illegal with the criminal penalties that are currently in place.

    “This poll reveals that support for marijuana prohibition is eroding even amongst those who are serving on the front lines enforcing it,” stated NORML Communications Director Erik Altieri, “When a majority of the American people and most of those tasked with implementing a law disagree with it in principle, it is time to change that law.”

    You can view the full results of this survey here.

    “Prohibition cannot be enforced for the simple reason that the majority of the American people do not want it enforced and are resisting its enforcement. That being so, the orderly thing to do under our form of government is to abolish a law that cannot be enforced, a law which the people of the country do not want enforced.” – New York Mayor Fiorello La Guardia on alcohol prohibition.

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