[Editor's Note: This essay was originally published on March 1st, 2009. In celebration of the 20th anniversary of the Berlin Wall's deconstruction and the fall of Communism being recognized around the world this week, and with the ever-falling support for cannabis prohibition in America, this essay from NORML board member George Rohrbacher seems even more apropos today than last March.]

It is said that almost everyone in the marijuana law reform movement has a seminal moment they can point to when their public activism started. My moment was in the fall, six years ago.

I’m a past president of our local Kiwanis Club. I’ve been a member for years; we meet for breakfast at 6:30am, every Wednesday morning. My fateful “activism moment” was meeting face-to-face with one morning’s Kiwanis Club program, our town’s newly acquired dope dog. Some rock-ribbed citizen had left money in his will for the city to buy a dope dog for our town of 3,000, in a county of 18,000 people. The dog’s handler and the police chief were up at the speaker’s table. I had to fight back the urge to turn around and run.

As I sat down at my usual spot, ordered breakfast and clipped on my Kiwanis Club nametag, my heart was just racing! Thank God, my neck pain had not been severe enough that morning that it had required some marijuana medication, because, I imagined, triggered by the smell of freshly consumed ganja, that huge German Shepard would have leaped from the podium to pin me down to the floor, the dog’s sharp white teeth snarling and snapping at my throat.

As we went through club business about our kid’s reading program, ate breakfast and conducted the normal chit-chat that makes Kiwanis Club so enjoyable, I slowly calmed myself. I had not been found out as a marijuana user, yet. There was no need for me to panic, because the likelihood that I would be found out now by this agent of the state, was growing smaller and smaller by the moment. But, as the primal fear drained away, it started to piss me off; this dope dog was invading my space.

The dog handler got up and spoke glowingly about his charge, the alpha male of his litter. This dog had been born of a long and impressive pedigree in Baden-something, formerly East Germany. Looking at me from across the room was the pride of the jack-booted police state, the purebred German Shepard—smart, vicious, relentless.

The dog handler went chirping on, to mostly nodding heads, about what a fantastic dog he had and how many pot busts he had already made with it. Suddenly, all I could think was: This dog was born in East Germany, it’s father could have pulled someone down off the Berlin Wall…this dog’s great-grandfather would have marched the Jews or Gypsies to the ovens at Buchenwald or Auschwitz… And now, my own little town had a new resident from the same police dog gene pool that serviced the two most brutal totalitarian regimes in the history of the mankind!

Scenes from my childhood of when German Shepards attacked the Civil Rights marchers at Selma floated before my eyes… This well-groomed dog was a tool of the modern police state in all its scariest manifestations. The more I thought about it, the madder and madder I got.

I paid my breakfast bill and left in the first wave. I drove back out to the ranch and fed our cows their daily ration of hay, all the while mulling over my close brush with the dope dog. By the time I got done with my chores and back to the house, I absolutely had to do something! I picked up my telephone and called NORML, and I volunteered for the fight that very day…our fight for “life, liberty and the pursuit of happiness…”

Marijuana prohibition is a corrupt and evil social institution, just like the Berlin Wall was. For generations both have been symbols of the ruthless and relentless oppression of the state. Then, one day, by the sheer weight of internal political rot and thousands of little hammers, the Berlin Wall came down, and it came down virtually overnight! Marijuana Prohibition is just as corrupt and evil as the Wall, and it, also, is rotting internally from seven decades of injustice. It, too, is ready for collapse.

Video available at http://www.cnn.com/video/#/video/living/2009/10/20/dcl.blog.pot.cnn?iref=videosearch

Harvard Law School Professor Charles Nesson will be arguing the appeal of my marijuana conviction for sharing a joint at the 2007 Boston Freedom Rally on the historic Boston Common with High Times associate publisher Rick Cusick. We both took the stand at our trial and testified under oath that we were certainly sharing a joint, and were protesting the constitutionality of the very marijuana laws under which we were arrested.

The state law under which Rick and I were prosecuted has since been modified by a voter initiative last fall removing all criminal penalties, and setting a $100 civil fine, for the possession of up to one ounce of pot in Massachusetts. Nonetheless, it would be great if we could convince the court of appeals that the private use of marijuana in Massachusetts, as it is in Alaska, is constitutionally protected conduct.

Keith Stroup, Esq.
NORML Legal Counsel

Paypal, the well-known internet payment company has told California NORML that it will no longer accept payments to our “type of business” because we accept listing payments from cannabis-recommending physicians.

After years of offering free listings to physicians and collectives at our website http://www.canorml.org, CaNORML began charging a yearly listing fee to cover our costs last year.

PayPal froze CaNORML’s account in June, saying that by accepting listing fees fromcollectives, we were violating their Acceptable Use policy, which says, “you may not use PayPal in the purchase or sale of narcotics.” Although narcotics were not being sold over the CaNORML site, we reluctantly agreed to stop accepting listings fees from collectives that dispense medical marijuana, recognizing that even though they are legal under state law, they are illegal under federal law.  However, we  continued to accept payments online from doctors, attorneys, and members.

Now PayPal has stopped accepting payments from the CaNORML site because we continued to accept listing payments from physicians.

Under a ruling upheld by the U.S. Supreme Court (Conant v. Walters, 2003), physicians have the first amendment right to discuss and recommend medical marijuana for their patients, although they may not distribute it or help patients in finding it. PayPal was informed of this and wrote back, “We are not arguing the legality of this issue; we are simply stating that we have made the business decision to not be involved with this type of business.”

Because of its discriminatory policy and  disregard of physicians’ first amendment rights, CaNORML submits that PayPal is not the “type of business” to be used by those who advocate for human rights. We will file a complaint with the federal banking committee over their practices.

Located in San Jose, California, PayPal was founded in 1998 and was acquired by eBay (California gubernatorial candidate Meg Whitman’s former company)  in 2002.

Complain to: PayPal, 2211 N 1st St, San Jose 95131 (408) 376-7400

Dale Gieringer, CA NORML

[Statement of Paypal's Accceptable Use]

Hello,

We appreciate the fact that you chose PayPal to send and receive payments for your transactions.

Under the Acceptable Use Policy, you may not use PayPal in the purchase or sale of narcotics, steroids, certain controlled substances, products that present a risk to consumer safety or drug paraphernalia.  PayPal makes such decisions after reviewing laws, regulations and other actions by governmental agencies, other available evidence, and marketing content related to the product.

The complete Acceptable Use Policy can be found at the following URL:
http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/use/index_frame-outside

To learn more about the Acceptable Use Policy, please refer to our Help Center page here: https://www.paypal.com/cgi-bin/helpweb?cmd=_help

We are hereby notifying you that, after a recent review of your account activity, it has been determined that you are in violation of PayPal’s Acceptable Use Policy regarding your sales at http://www.canorml.org/prop/collectivetips.html.  PayPal cannot be used to accept fees for listing information related to marijuana dispensaries, delivery services and cannabis physicians.

NORML’s 38^th annual conference in San Francisco, convened September 24-26, was the best attended, ever. Held at the Grand Hyatt, downtown, under classic San Fran weather conditions: 78 degrees and sunny, with the fog creeping up over the hills and a river of fog laying atop the water, streaming in from the ocean through the Golden Gate, sailboats, freighters…the sun-drenched surrounding hill…all of which was to be seen from the hotel’s restaurant on the 36^th floor. Medicating could be done, down at street level, on the plaza surrounding the hotel. NORML’s annual conference was held downstairs in the grand ballroom and adjoining meeting spaces. Well, my brothers and sisters in the movement to legalize marijuana, we kicked ass this during this amazing weekend!

Travel author Rick Steves, publisher and comedian Ngaio Bealum and others on the 'Pot, Parenting and Prohibition' panel

The caliber of the presenters and breath of topics @ NORML 38.0 was just astonishing; everything from martial artists using cannabis just before the fight for calming and focus, to how current tax court decisions are shaping the trend toward a wider range of services delivered to patients at dispensaries, to a deep and satisfying look into the science of the exceptional safety profile and utility of cannabis as a medicine. And, if you couldn’t have been there in San Francisco with us, now for the very first time in history, you can attend conference from anywhere in the world, free, on the Internet, simply by visiting NORML’s 38^th conference broadcast.

I arrived in San Francisco early enough the day before Conference started to do the NORML “walk through” with Grand Hyatt hotel staff. My morning had started at home at 4:00am doing chores before the two-hour drive to the airport, then my flight to SFO and transport to the Hyatt, only to find out that I was one of the 57 attendees who were being bumped to other hotel properties for one night, because a nasty overbooking computer-glitch. The cynical among us made muffled comments that this “glitch” might have something to do with the US Customs Service/Homeland Security Conference in progress at the hotel the day of NORML’s arrival. The overbooking problem ruffled a few feathers, but we got over it quickly and everyone with a reservation at conference was booked onsite by the end of the first day. The Grand Hyatt staff was awesome in dealing with the mess. And after all, really, how can you be in a bad mood anyway, you’re in San Francisco at a NORML Conference???

A tiny case in point: on day 1 of Conference, during our 4:20 afternoon break, as several hundred of us medicated on the plaza, San Francisco’s Thursday Green-Transportation Bike Protest, with police escort, pedaled by, a significant number of their ranks biking buck-naked…

As I lay in bed that night, finally in my rightful hotel room, my head a-buzz with all the people I’d talked to and some of the world’s finest cannabis, I pondered why NORML Conference was so much fun, and why I had gotten such a huge emotional lift from the day’s events. Sure, I was seeing old friends, making new ones, the common struggle and all of that…but as I continued to think about it, I realized that while those were all important elements of it, but they did not account for the power of what I was feeling.

Then it struck me! Just three weekends before NORML’s Conference, over the Labor Day weekend, my wife and I had held our daughter’s wedding on our ranch, with 70 campers and 120 guests for a sit-down dinner under a tent set up next to our home. We had the first rain in 14 weeks and rainbows the day of the ceremony. The feelings I was getting from the first day of NORML’s Conference was something very much akin to those same feelings that welled up inside that big tent during my daughter’s wedding. Yes. NORML, too, was a meeting of family, self-chosen family, the very tip of an iceberg, a worldwide network of people who, with cannabis, are strung through the heart.

The more I thought about all the people I’d talked to that first day, our wheelchair warriors, our intellectual samurai, our organizers at ground zero…the more I realized that almost to a person, they were at NORML’s 38^th annual conference because there was a truth that must be told, a wrong that must be righted, sick people who must be cared for, the defenseless defended…they were there in San Francisco primarily because their hearts demanded it, their internal compass of right-and-wrong would accept no less.  And, after all the many years of losing our battles, after 20 million marijuana arrests, the tide has started to turn…

We are winning on many fronts now…but, it is not over, there is so much left to do, please help. Join the fight; please join NORML, if you haven’t done so already. And, I hope to see you at the 39^th annual conference, next year.

Chris Goldstein and Russ Belville are collecting all the photos, audio, and video from the conference for upload as the day continues.

1. Thursday, September 24
   11:00am – 2:00pm Pacific Time
2. Friday, September 25
   11:00am – 2:00pm Pacific Time
3. Saturday, September 26
   3:00pm – 6:00pm Pacific Time

The show will be hosted by “Radical” Russ Belville, but with very limited commercial interruption and the occasional narration.  After the shows broadcast remotely in the difficult wireless environment of Portland’s Kelley Point Park and the noisy backstage of the Boston Freedom Rally, Russ is excited to present an indoor event that will take its audio directly from the conference PA system.

Thursday’s show will begin with a presentation by Dr Brooks J Kelly, Ph.D, Chief science officer for Genovations Laboratory, Cannabis Therapeutics, and then will feature panels on Individual Patients, Caregivers, and Small Patient Collectives in California and other medical marijuana states, including:

Patient and Caregiver rights under 215/SB420

• Possession: current caselaw and statutory law
• Cultivation: current caselaw and statutory law
• Transportation: current caselaw and statutory law
• Obtaining Cannabis: where and how to get it
• Patients Not Authorized to:
  distribute to other patients
  distribute “excess” to clubs
  engage in conduct harmful to others

Cannabis Patient rights (or lack thereof):

• No right to protection from employment discrimination
• No protection from Feds or other states
• Student loans
• Section 8 housing
• Small collectives: formation, cultivating, obtaining of medicine, money considerations
• Interaction with Law Enforcement

Your panelists will include Dr. David Bearman, Chris Conrad, Omar Figueroa, Esq., Zenia Gilg, Esq., Dr. Frank Lucido, and your moderator is William Panzer, Esq.

Friday’s show will begin with a panel on Pot Politics 2009 and Beyond.  A record number of state legislatures debated marijuana law reform in 2009; a nationwide panel of experts discusses our progress.  Our moderator is Keith Stroup, Esq., NORML, speaking on Federal Legislation, and also includes:

• Chris Goldstein, Director, Penn. For Medical Marijuana
• Rob Kampia, Executive Director, Marijuana Policy Project
• Dan Linn, Executive Director, Illinois NORML
• Madeline Martinez, Director, Oregon NORML, member of NORML’s board of directors
• Jesse Stout, former Director of RIPAC
• Ken Wolski, RN, Director, Coalition for Medical Marijuana NJ

We follow with a luncheon with travel author and NORML advisory board member Rick Steves presenting the ACLU DVD: ‘Marijuana: Its Time for a Conversation’, and close by asking “Has support for legalization reached a critical mass/tipping point?”  According to national polls, public support for legalizing marijuana has never been higher. Why now? And how do we mobilize this public support into political change? Leaders in the drug law reform movement discuss these trends, and what they portend for future reform efforts.  Our moderator is Dave Fratello, Coast Campaign Group, and the panel includes:

• Dale Gieringer, Ph.D, Director, CA NORML; member of NORML’s board of directors
• Rich Lee, Proprietor of ‘Oaksterdam University’ and Campaigner for ‘The Regulate, Control, and Tax Cannabis Act of 2010′
• Harry Levine, Ph.D, Queens College

Saturday’s closing show will feature a look at Marijuana Legalization As a Local, State, Federal Revenue Stream. In today’s sagging economy national, state and local leaders are looking for alternative streams of revenue. They should look no further than to America’s #1 cash crop: cannabis.  Our moderator is Dale Gieringer, Ph.D, Director, CA NORML, and the panelists include:

• Jon Gettman, Ph.D
• Rebecca Kaplan, Oakland City Council
• Mark Kleiman, Ph.D, UCLA

We follow with a panel on Cannabis and Athleticism. Some of the nation’s top athletes discuss why today’s pros are turning to cannabis — and away from alcohol and painkillers — off the field, and question why pro sports leagues are continuing to sanction those who do.  Our moderator is Steve Bloom, Author, Pot Culture; editor, celebstoner.com and the panelists include:

• Toby Grear, MMA fighter,
• Sean Neumann, Documentary Filmmaker; former ESPN producer
• Mark Stepnoski, Former All-Star NFL football player, NORML Advisory Board
• Rob Van Dam, Professional wrestler

Our three-part special show concludes with a talk from Rick Steves, TV host/best-selling travel author, NORML Advisory Board

Please join us for unparalleled access to the heart of marijuana law reform, nine total hours of content from the best and brightest minds in the movement, all absolutely free for you on the internet, courtesy of the donations of stakeholder cannabis consumers and liberty lovers all across this country who donate to and volunteer with NORML.  Mark us as a favorite on BlogTalkRadio and post us on your Twitter and Facebook with the tag #NORML.

Keith interviews John for an entire hour about his new book Weed Man, a biography about Jimmy Divine–one of America’s most prolific cannabis smugglers.

Broadcast times for this one-on-one interview on C-SPAN2, BookTV are:

*Saturday, August 22 @ 10 PM (ET)

*Sunday, August 23 @ 9 PM (ET)

*Monday, August 24 @ 12 AM and 3 AM (ET)