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Policy

  • by Keith Stroup, NORML Legal Counsel August 29, 2016

    C1_8734_r_xSince 1996, when California voters approved the medical use of marijuana, most of the high-profile political progress that has been made towards legalizing marijuana has been made in the United States. And starting with Colorado and Washington, all of the full legalization experiments have been homegrown.

    But that does not mean we should not be looking to other countries for successful experiments and policies. Drug use and abuse is worldwide, so the solution to the destructive war on drug users must also be worldwide.

    The Portugal Experiment

    In 2001, the Portugal legislature bravely enacted a comprehensive form of drug decriminalization, in which all criminal penalties were removed for personal drug possession and use offenses — reclassifying them as administrative violations. Instead of arresting individuals in possession of personal-use amounts of any drug, defined as less than a ten-day supply of any drug — a gram of heroin, ecstasy, or amphetamine; two-grams of cocaine; or 25 grams of marijuana — they are now given a violation and ordered to appear before a rather ominous sounding “dissuasion commission.”

    The possession of larger amounts of drugs and drug sales continue to be criminal matters for which an offender is subject to arrest and prosecution.

    The “dissuasion commission,” which is comprised of one local legal official and two health and social service professionals, first determines whether the individual is addicted, and if so to what degree. It then determines whether the individual is referred to a voluntary treatment program, given a fine, or receives other administrative sanctions. The majority of cases are simply suspended, and the violator receives no sanction. According to Nuno Capaz, a sociologist who serves on the Lisbon “dissuasion panel,” between 80 and 85 percent of the people who are referred to the panels today are caught with hashish or cannabis.

    For persistent offenders, or those identified as addicts, these panels can order sanctions or treatment, and recreational users may face fines or community service. If an addict refuses treatment, they are required to check in regularly with their family doctor (Portugal has a free national healthcare program), and if they fail, the local police remind them of their obligation. And those running the Portuguese system attribute this close working relationship between the police and the public health officials as crucial to their success. “This small change actually makes a huge change in terms of police officers’ work,” says Capaz. “Of course, every policy officer knows where people hang out to smoke joints. If they wanted to they would just go there and pick up the same guy over and over. That doesn’t happen.”

    Flying in the face of the more prevalent “lock-em-up and throw-away-the-key” anti-drug policies popular at the time in most countries, especially the United States, there were initially fears that Portugal would become overrun with heroin addicts from all over Europe, and the government received a lot of criticism for their experimental policy from such staid groups as the International Narcotics Control Board – part of the UN drug convention system.

    What Decriminalization Really Means

    Decriminalization was a half-way measure originally recommended for marijuana policy in the U.S. by the National Commission on Marijuana and Drug Abuse in 1972. It says consumers, who generally comprise up to 90 percent of the marijuana arrests, should be removed from the criminal justice system, but that commercial sales of marijuana should remain illegal. While that is obviously an improvement over total prohibition, where users are also subject to arrest and jail, it generally is thought to lead to an increase in demand without any legal supply — a boon to the illegal black market and those willing to take the risk to sell to the newly legal consumers.

    Seventeen states in the U.S. have enacted a version of marijuana decriminalization (some have eliminated all penalties for minor possession offenses; others have reduced the penalty to a fine-only). But more recently states that wish to end prohibition have looked toward full legalization, where the commercial market is regulated and taxed. Nonetheless, decriminalization remains an option for those states that no longer wish to treat smokers as criminals, but do not yet feel politically comfortable with full legalization.

    Not The Results In Portugal That Were Expected

    But the results from Portugal seem to dispel those initial fears that decriminalizing drugs would result in an increase in dangerous drug use, especially among addicts.

    First, and most importantly, decriminalization in Portugal for a decade and a half has not led to any major increases in the rate of drug use. There were minor increases in drug use during the initial year (2001), but the rates of drug use after that have not changed significantly, or, in some cases, have actually declined since 2001, and remain below the average rates in both Europe and the United States. And importantly, adolescent use, and use by people who are deemed “dependent” or who inject drugs, has decreased in Portugal since 2003.

    So decriminalization may yet prove to be an attractive alternative to prohibition for the more dangerous drugs in the United States. No one wants to see a cocaine store on the corner, but neither do most people want to ruin an individual’s life with a long prison sentence for the use of cocaine. If it is a problem, it is a medical one, not a criminal justice problem.

    And Portugal has experienced more than a 60 percent decrease in the number of people arrested and prosecuted for drug offenses. More than 80 percent of the cases coming before the “dissuasion commissions” are perceived to have no problems and receive no sanction.

    The percentage of prisoners in Portuguese prisons for drug offenses has been reduced from a high of 44 percent to the current rate of 13 percent. And drug overdose deaths have decreased from 80 in 2001 to 16 in 2012. In the U.S., for comparison, more than 14,000 people died from prescription opioid overdoses alone each year.

    “There is no doubt that the phenomenon of addiction is in decline in Portugal,” Portugal’s Drug Czar Dr. Joao Goulão explained, according to Drug Policy Alliance. He attributed this shift to “a set of policies that target reduction of both supply and demand, including measures of prevention, treatment, harm reduction and social reinsertion.” Adding that, “[t]he biggest effect has been to allow the stigma of drug addiction to fall, to let people speak clearly and to pursue professional help without fear.”

    And he strongly favors a policy of harm reduction. “I think harm reduction is not giving up on people,” Dr. Goulão said, according to Vice, “…assuming that even if someone is still using drugs, that person deserves the investment of the state in order to have a better and longer life.”

    And even the United Nations Office on Drugs and Crime has concluded that “Portugal’s policy has reportedly not led to an increase in drug tourism. It also appears that a number of drug-related problems has decreased.” And some leading independent researchers investigating the Portugal experiment wrote in the British Journal of Criminology in 2010 that “contrary to predictions, the Portuguese decriminalization did not lead to major increases in drug use. Indeed, evidence indicates reductions in problematic use drug-related harms and criminal justice overcrowding.”

    So What Can We Learn From Portugal

    First, we can begin to stop treating so harshly illicit drug users, who use something other than marijuana. Sure heroin and cocaine and methamphetamine are more potentially dangerous than marijuana; but that does not mean those drug users should be treated like criminals. If, like Portugal, we can minimize abuse, greatly reduce the number of people arrested on drug charges, reduce overdose deaths, reduce adolescent drug use and problematic drug abuse, greatly reduce our prison population, and still maintain a safe, free and open society, then why would we not want to begin to move in that direction?

    Also, we can learn from Portugal the importance of adopting a policy of harm reduction that recognizes the value of all lives, including those who may, for a time, use dangerous drugs, and to provide needed mental health services to those whom we can identify as problem drug abusers. Portugal seems to make it clear that their success simply could not have been possible without making health care professionals available to those who will avail themselves of that help.

    And third, we can and should learn that the stigma of drug use or abuse — regardless of the drug involved — needs to be eliminated, to create an environment in which individuals feel free to seek help without fear of being labeled a bad person. It’s time to treat drug abuse as a medical issue, not primarily a criminal justice issue.

  • by Keith Stroup, NORML Legal Counsel August 17, 2016

    Medical marijuanaA three-judge panel of the US Court of Appeals for the 9th Circuit, covering nine western states, earlier this week ruled unanimously that the Department of Justice is barred by federal law from prosecuting medical marijuana businesses if those businesses are operating in compliance with state law.

    This decision came in an appeal in which the court had consolidated ten different cases from California and Washington, in which the defendants — growers and dispensaries — had argued that their federal indictments should be dismissed because of a current ban, enacted by Congress in 2014, on the use of federal funds to prosecute state-compliant medical marijuana activities. Known as the Rohrabacher-Farr Amendment, the language of the enactment said federal funds could not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

    The Department of Justice had argued the ban only precluded their interference with the state governments, and did not ban federal prosecutions against individual defendants. The Court of Appeals rejected this argument, and remanded the cases back to the US District Courts for an evidentiary hearing to determine if the individual defendants had in fact acted in compliance with their state medical marijuana laws.

    Judge Diarmuid O’Scannlain, writing for the panel, did warn in his opinion that Congress could restore funding to prosecute these cases “tomorrow, a year from now, or four years from now, and the government could then prosecute individuals who committed offenses while the government lacked funding.”

  • by Paul Armentano, NORML Deputy Director July 29, 2016

    thumbs_upRepublican Governor Bruce Rauner signed legislation today amending the state’s marijuana possession penalties.

    Senate Bill 2228 reduces the penalties for the possession of up to 10 grams of marijuana from a criminal misdemeanor (formerly punishable by up to six months in jail and a $1,500 fine) to a civil fine of no more than $200 — no arrest and no criminal record.

    It also decriminalizes related offenses involving the possession of marijuana paraphernalia.

    Senate Bill 2228 also amends the state’s zero tolerance per se traffic safety law, stating that the presence of THC in blood at levels below 5ng/ml “shall not give rise to any presumption that the person was or was not under the influence of cannabis.”

    The full text of the measure is available here.

    According to the ACLU, Illinois police arrest some 50,000 individuals annually for marijuana possession offenses — ranking #5 in the nation in per capita marijuana possession arrests.

    Illinois becomes the third largest state to decriminalize minor marijuana possession offenses.

  • by Keith Stroup, NORML Legal Counsel July 25, 2016

    C1_8734_r_xWith the country so divided right now along party lines, as well as within each of the two major parties, it would be easy for voters to say “The hell with them all,” and sit this election out. Both of the major party candidates have record-setting voter disapproval ratings, assuring that our next president will be starting off their first term knowing that more than half the country did not like them, and would have preferred someone else for president.

    But there really is no other choice this year.

    History of Third Party Candidates

    The reality is third party candidates have a terrible track record in this country, so a vote for the Green Party or the Libertarian Party is, in effect, throwing away your vote. Those who insist on exercising this option may get some emotional satisfaction out of rejecting the two major party candidates, but they are also helping Donald Trump.

    The election of Abraham Lincoln in 1860 established a Republican-Democrat duopoly that persists even today. Since then we have seen third-party candidates on the presidential ballot in two dozen elections, without success. In fact, most – including Ralph Nader in 2000 and Ross Perot in 1992 and 1996 – have failed to win a single electoral vote, do to the winner-take-all nature of the electoral college.

    The last such candidate to secure any electoral votes was segregationist candidate George Wallace in 1968, who won five Southern states in his fight against the civil rights movement. And the most successful third party presidential candidate was Teddy Roosevelt, who bolted the Republican Party to run as a Progressive Party (aka “Bull Moose Party”) candidate in 1912, who won six states and came in second with 27% of the vote, but lost badly to Democrat Woodrow Wilson.

    It Matters

    Despite the continuing complaints of dissatisfaction being heard from the cadre of enthusiastic Bernie Sanders supporters, in fact Sen. Sanders himself has now acknowledged the inevitable and endorsed Hillary Clinton. Sanders used his popularity with millions of American voters to nudge the Democratic Party platform, and the Democratic candidate, to the left. And that’s a positive development.

    But Sanders also realized the most important priority at this time is to assure that Donald Trump is not elected president.

    Both Hillary Clinton and her vice-presidential running mate Sen. Tim Kaine support the right of the states to continue to experiment with different versions of marijuana legalization, without interference from the federal government. While Donald Trump said he too holds that position, that was not apparent from the language in the Republican platform, that appeared to be heading in the other direction. And with Trump, who could guess what his position will be tomorrow or the next day.

    But more importantly, Donald Trump is a bigoted, racist, ignorant candidate whom no one with a whit of common sense would want running our country, or having his finger on the nuclear button. Merely having him as a major party candidate is an embarrassment for the country, and has sent shockwaves throughout our allies in NATO and other strategic alliances. He is obviously unfit to be president.

    So don’t waste your vote making a political point, knowing it would make it more likely that “the Donald” might somehow squeak through and win this election. Every progressive voter who sits out this election, or who votes for a third party candidate, helps Donald Trump.

    We can all fight among ourselves about specific issues and how best to achieve more progressive policies in this country. But none of us can afford the risk of a Trump presidency.

  • by Danielle Keane, NORML Associate July 22, 2016

    take_actionThe DEA announced that they will amend their quotas for 2017 regarding the cultivation of research-grade marijuana and hemp legalization bills in Pennsylvania and Rhode Island have been signed into law! We also have updates from Illinois, Florida, and Ohio. Keep reading to learn the latest in marijuana law reform news from around the country and to find out how you can #TakeAction!

    Federal:

    In a notice published in the Federal Register, Acting DEA Administrator Chuck Rosenberg proposed amending the amount of marijuana that may be produced under federal license in 2017 to approximately 1,041 pounds. The agency alleges that this quantity will be sufficient to provide for the “estimated medical, scientific, research and industrial needs of the United States.”

    The US Drug Enforcement Administration is also preparing to respond to an administrative petition calling for the reclassification of marijuana as a schedule I prohibited substance. Their determination was originally expected in the first half of 2016 but it has yet to be released.

    State:

    Florida: Next Tuesday, the state’s first state-licensed medical marijuana dispensary will open to the public. Trulieve, a licensed cannabis cultivator and distributor, will provide a high CBD, low THC strain of the plant to patients that are registered with the state. However, as of today not a single eligible patient is registered with the state to legally access the product. This is because Florida’s law, initially passed in 2014, is among the strictest in the country. Under the law, patients diagnosed with cancer, seizures, or intractable muscle spasms are eligible for CBD-dominant cannabis, while those diagnosed with a terminal illness are eligible for THC-dominant cannabis. To date, however, only 15 physicians in the state are participating in the program.

    Illinois: Two months ago lawmakers voted in favor of Senate Bill 2228, legislation to decriminalize the possession of small amounts of marijuana. But Governor Bruce Rauner has yet to sign the measure into law. The bill makes the possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200 — no arrest and no criminal record. Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1,500. The bill also amends the state’s zero tolerance per se traffic safety law.

    #TakeAction  and contact Governor Rauner to urge him to sign this legislation into law.

    Ohio: Governor John Kasich has signed legislation so that certain drug offenses are no longer punishable by a mandatory loss of one’s driver’s license. Under previous law, any drug conviction carried a mandatory driver’s license suspension of at least six months, even in cases where the possession offense did not take place in a vehicle. Senate Bill 204 makes such suspensions discretionary rather than mandatory. The law will take effect September 13th, 2016.

    industrial_hempPennsylvania: On Wednesday, July 20th, Governor Tom Wolf signed legislation, House Bill 967, to establish “a pilot program to study the growth, cultivation or marketing of industrial hemp.” The new law took immediate effect. Twenty-eight states have now enacted similar legislation.

    Rhode Island: Governor Gina Raimondo has signed legislation, H8232, to establish rules for the commercial, licensed cultivation of hemp in the state. The legislation creates the “Hemp Growth Act” to treat hemp as an agricultural product that may be legally produced, possessed, distributed and commercially traded. The Department of Business Regulation will be responsible for establishing rules and regulations for the licensing and regulation of hemp growers and processors.

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