Police in Florida’s largest county will soon have the option to cite, rather than arrest, minor marijuana offenders.
Commissioners for Miami-Dade county voted 10 to 3 this week in favor of a countywide ordinance to treat marijuana possession offenses involving 20 grams or less as a civil infraction, punishable by a $100 fine — no arrest, no criminal prosecution, no incarceration, and no criminal record. The new ordinance takes effect late next week.
Under state law, minor marijuana possession offenses are classified as a criminal misdemeanor, punishable by up to one year in jail and a $1,000 fine. According to an analysis by the ACLU, an estimated 60,000 Floridians are arrested for cannabis possession violations annually — the third highest statewide total in the nation.
According to a countywide analysis by CBS, misdemeanor marijuana arrests accounted for 10 percent of all cases filed in the Miami-Dade criminal court system between the years 2010 and 2014. While African Americans comprise just 20 percent of the county’s population, they comprised over half of all of those arrested for marijuana possession offenses.
Senior county officials have not yet provided details in regard to how police will implement the new law or what criteria they will use to determine whether to issue a citation or make an arrest.
Shona Banda suffers from Crohn’s disease, and has found, as have many Crohn’s sufferers, that medical marijuana provides her with effective relief and allows her to manage her illness and live a somewhat normal life. Specifically, Banda uses cannabis oil.
The problem is she lives in, Garden City, Kansas, a state that does not yet recognize the medical uses of marijuana. And when her 11-year old son spoke up in his drug education class to challenge some of the anti-marijuana allegations being taught to the children – and shared the fact that his mother uses cannabis to manage her Crohn’s disease – Banda’s son was removed from her custody by the Kansas Department for Children and Families.
Her home was subsequently raided, and Banda is now facing three drug felonies (possession with intent to distribute a controlled substance within 1,000-feet of a school; endangering a child; and unlawful manufacture of a controlled substance) for the cannabis oil found in her home, and she faces a possible jail term in excess of 30-years. Banda first used cannabis oil to manage her disease when she lived in Colorado for a period of time, before returning to her home in Kansas.
Banda is being represented by attorney Sarah Swain, who publicly has promised an aggressive defense that will challenge every facet of the prosecution’s case, including the questioning of the 11-year-old son without either of his parents present; the search warrant issued for their home based on that questioning; and the federal classification of marijuana as a Schedule I substance with no medical usefulness.
This case is just the latest from states around the country that illustrate the incredibly harsh and unjustified consequences of marijuana prohibition, the unsustainable differences in the manner in which we treat our most vulnerable citizens from one state to another, and the absolute moral impairative that we stop treating seriously ill patients as criminals, regardless of where they may call home.
Surely this immediate situation could have been handled by reasonable people in a manner based on compassion and concern for the welfare of this serious ill mother, striving to find a way to lead a full life and raise her young son. The school could have exercised some discretion and common sense and accepted the comments made by her young son as reflecting the reality of his and his mother’s life, and this would not have become a matter of public concern. And the Garden City police should not have questioned the young child without his parent’s consent, and did not have to seek a questionable search warrant, based on the child’s statements, to invade Banda’s home and violate her privacy. And finally, the local prosecutor, Finney County Attorney Susan Richmeier, with even a wit of compassion and understanding, could have exercised her discretion and refused to file criminal charges, bringing this embarrassing episode to a close, and allowing this seriously ill woman a chance to live a normal life.
But at each level, the civic institutions in Kansas failed their responsibility to serve the best interests of the citizens of Kansas, ignoring the obviously compelling factual situation, and blindly pursuing the war on drugs, despite the horrendous repercussions of that choice.
Rather they have reminded us of the enduring harm caused by marijuana prohibition, and the damage it has done not just to the victims of this misguided war, but also to those in civic positions of trust who have lost their moral compass in their blind support for prohibition.
Shame on everyone who had anything to do with allowing this case to get to this point, and who failed to stand up and publicly question the appropriateness of this entire witch-hunt. These are people who are either incredibly ignorant of the important and sometimes life-altering benefits medical marijuana provides to tens of thousands of seriously ill patients across this country (37 states now permit at least limited medical use of marijuana), or they are truly mean-spirited people who simply do not care.
Regardless, it reminds me of how much work we still have ahead of us, and why I would never wish to live in rural Kansas.
It is hardly a secret to any long observing advocate for cannabis law reform to recognize early on in their efforts to end cannabis prohibition that if it were not for government–federal, state and local governments–spending, there would be relatively few examples of private money being employed in the last forty-five years to try to maintain the status quo of cannabis prohibition.
The tens of billions spent annually to keep the Reefer Madness going in America largely is taxpayer-funded bureaucracies such as the so-called drug czar’s office, DEA, NIDA, SAMHSA, DARE, PDFA…blah–blah–blah.
Even in the face of this tremendous waste of taxpayer dollars annually, still, a majority of the US public rejects the policy of cannabis prohibition.
Unbelievably, the drug czar’s office actually mandates that the office must use tax funding to publicly oppose cannabis legalization efforts–even though such is no longer a popularly supported public policy.
Add one more prime example of cannabis prohibitionists in government not yielding to the will of voters, and worse, rather than pool their own private funding to advance their no-longer-popular-views, they want the taxpayers to pick up the bill of their anti-cannabis advocacy.
Arizona voters approved a medical cannabis initiative in 2010. Many in the law enforcement community in the state, including prosecutors, have consistently opposed implementing the change of policies and/or still harass medical cannabis producers or patients.
They’re sore losers.
Now, consistent with large swaths of the country, Arizona voters are organizing once again in the state to place a full cannabis legalization initiative on the ballot for 2016.
What is the reaction from some in the law enforcement community in Arizona to the prospects of citizens again instructing their workers what public policies they want them to enforce?
Sure, law enforcement personnel are citizens too, and their opinions are as meaningful as any other citizens’, however, law enforcement personnel who oppose the public’s will on changes of public policy should never employ taxpayer funding to try to sway the populace or propagandize–on matters ranging from police wearing body cameras, to forfeiture reform to cannabis legalization.
Well that is not at all happening currently in Yavapai County Arizona, where the local prosecutor Shelia Polk thinks it wise and prudent to steer forfeiture money derived from the criminal justice system (with most of the proceeds coming to law enforcement from currently illegal drug profits seized in previous criminal filings) to propagandize to voters that they should not vote to end cannabis prohibition in the state.
Ever hear law enforcement roll out the tired ol’ line of “we don’t make the laws, we only enforce them?”
It’s largely a lie (I mean…prevarication).
Police and prosecutors (aided and abetted by fellow pot prohibitionists wearing white coats at NIDA, for example) regularly, using taxpayers’ money, actively seek to influence the outcome of public policy legislation, court cases and voter initiatives that seek to reform cannabis laws.
It is pretty simple at this point in the now five-decade-old public effort to end cannabis prohibition, if police and prosecutors want to defend the status quo of a failed and unpopular public policy, then, if they really cared about the issue, they’d put their own skin in the game by organizing as private citizens.
If prosecutors, cops, narcs, sheriffs and chiefs of police want to pony up their own money to try to stave off cannabis prohibition ending in their lifetimes–go for it.
Reformers will more than match them dollar-for-dollar and are always spoiling for a good debate about wisdom for rationale continuing cannabis prohibition…and we’ve got the public on our side, they no longer do.
What can not and should not happen anymore in the modern public policy debate about whether America should or should not continue another nearly eighty-years with cannabis prohibition enforcement are government officials and law enforcement personnel using their power of the purse and bully pulpit to try to persuade voters on ANY matters of public policy–let alone on policies where conflicts of interest are as obvious as prosecutors using government money to oppose the will of local voters who’re seeking to reform unpopular laws.
Cannabis law reformers can and will win a fair fight on cannabis legalization, but, the impending political victory will be delayed if government officials are permitted to continue to use taxpayer funding to oppose the very will of the voters.
Government for and by the people? Not when government officials are sore losers and want to use government funding to try to tip the scales of public opinion.
When government stops spending taxpayer dollars to keep cannabis prohibition going, the unpopular policy will die an ignominious and swift death.
Editor’s note: Thankfully, late yesterday AZ’s Attorney General came to reconsider this blundering policy of allowing government funding to be used to campaign against cannabis legalization efforts in the state.
Need another prime example of cannabis prohibition coming to pass in these United States? Look no further than the states of Alaska and Oregon where the voters have ended cannabis prohibition and instead replaced the failed prohibition with tax-n-regulate policies, both states are canceling the use (and expense) of maintaining and employing cannabis sniffing canines.
Up next in states that have jettisoned cannabis prohibition: Canceling law enforcement overflights looking for once illegal cannabis plants.
The drug warriors — led principally by law enforcement and their handmaidens in the state legislatures — continue to do everything within their power to prolong marijuana prohibition, even in those states in which the voters have approved full legalization.
I am referring specifically to a legislative proposal introduced last week in the Alaska state legislature, allegedly to implement their recent legalization initiative, under which possession of one ounce of marijuana and the private cultivation of six plants was legalized for everyone over 21 years of age. Recreational marijuana use will be totally decriminalized effective February 24, although the state has until the end of the year to implement the regulations for licensing recreational growers and dispensaries.
Senate Bill 30, and it’s House companion bill, HB 79, initially considered by the House and Senate Judiciary Committees last week, would have kept any amount of marijuana illegal, causing users to be arrested and brought to trial, when they could then raise an affirmative defense by proving they were over 21 and their conduct was protected under the new initiative.
To read the balance of this column, please go to Marijuana.com.