Riding on the wave of President Obama’s memo to end DEA interference in states’ medical marijuana laws and an unprecedented response from the media, Oregon NORML’s Cannabis Café opens at 4:20pm on November 13, 2009 at 700 NE Dekum St, Portland, OR 97211.
“The response has been overwhelming,” says Madeline Martinez, Executive Director of Oregon NORML. “We are excited to be able to provide a safe place for patients to medicate that is out of public view within the guidelines of the Oregon Medical Marijuana Act (OMMA).”
Many patients travel to Portland for medical care and treatment and have no place they can go to use their medicine during those often exhausting and intensive trips. “Do they go out into an alley and hide in the back of their car?” Martinez said. “There needs to be a place, much like our meetings, where people can socialize and network.”
In the week since the announcement of the café’s opening, stories have appeared in most major Oregon newspapers and television stations. Martinez appeared on OPB’s Think Out Loud talk show and attended the local neighborhood association meeting to reassure the public that the café will be operated at the highest of standards and strives to be a positive addition to the area.
Members must be registrants of the Oregon Medical Marijuana Program (OMMP) and members of Oregon NORML to gain entrance to the café. Please contact Oregon NORML for more information on the message line 503-239-6110. Details and information will also be available at www.ornorml.org as they become available.
Say what you will about prohibitionists — and I say plenty — but, if nothing else, they are consistent. Regardless of the circumstances, they stick to their talking points — no matter how instantly refutable their claims may be.
Case in point. CBS News online today ran part one of an ongoing debate between recently retired Orange County, California Judge Jim Gray (who many of you recently watched testify before the California Assembly Committee on Public Safety here) and prohibitionist profiteer David Evans (who was last heard lying about medical marijuana law reform in New Jersey in a debate with NORML’s Chris Goldstein, which may be heard here).
Predictably, early in the CBS News debate Evans cites the Netherlands’ pot policies — which allow for the regulated sale of small amounts of cannabis to citizens age 18 an older — as an argument in favor of maintaining U.S.-style marijuana prohibition. According to Evans, Dutch marijuana use “more than doubled” after liberalization, leading the government to “formally announce its mistake” in 2004.
Hmmm, I guess Mr. Evans must have purposely avoided reading the newspaper last week or else he would have seen this widely disseminated report from Reuters Wire Service, published on Friday.
Dutch among lowest cannabis users in Europe — report
via ReutersThe Dutch are among the lowest users of marijuana or cannabis in Europe despite the Netherlands’ well-known tolerance of the drug, according to a regional study published on Thursday. Among adults in the Netherlands, 5.4 percent used cannabis, compared with the European average of 6.8 percent, according to an annual report by the European Monitoring Centre for Drugs and Drug Addiction, using latest available figures.
… The policy on soft drugs in the Netherlands, one of the most liberal in Europe, allows for the sale of marijuana at “coffee shops”, which the Dutch have allowed to operate for decades, and possession of less than 5 grams (0.18 oz).
Not surprisingly, Evans also failed to cite a World Health Organization report, published last year, which reported:
US leads the world in illegal drug use
via CBS NewsDespite tough anti-drug laws, a new survey shows the U.S. has the highest level of illegal drug use in the world.
The World Health Organization’s survey of legal and illegal drug use in 17 countries, including the Netherlands and other countries with less stringent drug laws, shows Americans report the highest level of cocaine and marijuana use.
For example, Americans were four times more likely to report using cocaine in their lifetime than the next closest country, New Zealand (16% vs. 4%). Marijuana use was more widely reported worldwide, and the U.S. also had the highest rate of use at 42.4% compared with 41.9% of New Zealanders.
In contrast, in the Netherlands, which has more liberal drug policies than the U.S., only 1.9% of people reported cocaine use and 19.8% reported marijuana use.
The WHO report went on to conclude: “The Netherlands, with a less criminally punitive approach to cannabis use than the U.S., has experienced lower levels of use, particularly among younger adults. Clearly, by itself, a punitive policy towards possession and use accounts for limited variation in national rates of illegal drug use.”
But Mr. Evans isn’t content to just simply lie about the Dutch. Elsewhere in the debate he falsely implies that the U.K. also experienced a spike in marijuana use after the British government temporarily downgraded its cannabis classification in 2004. (Parliament ended its experiment with decriminalization in 2008, a move that Evans argues was because of “the more lethal quality of the cannabis now available.”) The truth, however, was just the opposite.
Fewer young people using cannabis after reclassification
via The GuardianCannabis use among young people has fallen significantly since its controversial reclassification in 2004, according to the latest British Crime Survey figures published today.
The Home Office figures showed the proportion of 16 to 24-year-olds who had used cannabis in the past year fell from 25% when the change in the law was introduced to 21% in 2006/07.
As for anyone who thinks they can stomach reading Mr. Evans lies in part two of the debate, be sure to log on here tomorrow.
Pro MMA fighter and NORML supporter Toby ‘Tigerheart’ Grear has challenged the California State Athletic Commission on their prohibition of medical cannabis use by sanctioned competitors.
Toby spoke at this year’s national conference on a panel that examined cannabis use among professional athletes.
Every year dozens of professional athletes are arrested or negatively impacted by drug testing rules. This week’s example is from Washington where recent National League Cy Young winner, pitcher Tim Lincecum of the San Francisco Giants, became one of America’s approximately 750,000 annual cannabis possession arrest cases. Little known is that in Washington there is an automatic one day in jail penalty for getting caught with any amount of cannabis.
Next time a prohibitionist from law enforcement, an anti-drug bureaucracy or media pundit claims that ‘no one goes to jail for using or possessing cannabis’ you can rightly let them know that they’re misinformed, as the state of Washington, along with numerous other state and county governments, routinely incarcerate cannabis consumers caught on little more than personal possession charges. President Bush’s drug czar, John Walters, claimed that no gets arrested or goes to jail for cannabis. That such is as rare as unicorns.
However, Mr. Lincecum apparently has already copped a plea that will allow him to skip the one day incarceration. Lucky him!
Will a cannabis consumer and accomplished professional athlete like Tim Lincecum step up like Toby, Mark and Rob have? The reform of cannabis laws is certainly made easier when accomplished, professional athletes step to the fore with their self-interested advocacy.
Conventional wisdom dictates that if the people lead then our political leaders will follow. Of course, when it comes to marijuana law reform, conventional wisdom seldom applies.
In a result that should come as a surprise to nobody — except for perhaps certain members of law enforcement and state lawmakers — Maine voters today overwhelmingly approved Question 5, the Maine Marijuana Medical Act. The measure amends existing state law by: establishing a confidential patient registry, expanding the list of qualifying conditions for which a physician may recommend medicinal cannabis, and by allowing for the creation of non-profit state-licensed nonprofit dispensaries to assist in the distribution of medical cannabis to qualified patients.
Of course for anyone following this issue, the result should not come as a surprise. Voters at the polls overwhelmingly approve marijuana law reform — virtually every time they have the opportunity to do so. Yet, over and over again voters have this opportunity because their cowardly elected officials continue to inexplicably punt on the issue.
In Maine, for instance, lawmakers voted unanimously in April to put this issue before the voters rather than legislating it themselves. They did so even though state voters had previously (and by more than 60 percent) approved patients’ rights to use medical marijuana, and despite the fact that the current proposal had virtually no organized opposition aside from law enforcement.
It was the same story in Colorado, where over 70 percent of Breckenridge voters elected today to amend the town code to remove all criminal and civil penalties, including fines, on the private possession of up to one ounce of marijuana. Should anyone have been surprised? Not really. Over 70 percent of local voters said ‘yes’ to a similar statewide (but unsuccessful) measure in 2005. Nonetheless, this past August the Breckenridge Town Council elected to dodge the issue when it came up for a vote — opting instead to send it before the voters.
Elsewhere in Colorado today, state police and politicians were conspiring to halt the proliferation of medical marijuana dispensaries. Law enforcement and local politicians are engaging in similar efforts in southern California.
Yes, you read that right: cops and politicians are trying to undermine the very same reforms that the public today just embraced.
When will they ever learn?
As voters in several states head to the polls today to decide Governor and city council races it seems appropriate to ask: “Why are most politicians still inexplicably silent on marijuana law reform?”
The recent legislative hearings on cannabis regulation in Massachusetts and California notwithstanding, the fact remains that these debates are the exception, not the rule. In fact, voters in Maine and Colorado will decide on marijuana law reform ballot proposals today (Note: Check back here tonight for the results.) precisely because their elected officials outright refused to vote on the issues when they were put before them.
In short, prominent politicians continue to run away from sensible marijuana law reforms at the same time that the public is demanding them. Two longtime NORML allies, former High Times editor Steve Wishnia and former NORML Board Member Richard Evans, recently explored this phenomenon and offer some insight and possible explanations:
Pot Is More Mainstream Than Ever, So Why Is Legalization Still Taboo?
via Alternet.orgAlmost every voter under 65 in this country has either smoked cannabis or grew up with people who did. Among its erstwhile users are the last three presidents, one Supreme Court justice and the mayor of the nation’s largest city. The pot leaf’s image pervades popular culture, from Bob Marley T-shirts to billboards for Showtime’s Weeds.
So why is actually legalizing it still considered a fringe issue? Why haven’t more politicians — especially the ones who inhaled — come out and said, “Prohibition is absurd and criminal. Let’s treat cannabis like alcohol”?
… One reason for the lack of urgent political pressure, says Deborah Small of Break the Chains, is that the people most likely to get busted for pot are the ones who “don’t have a political voice” — young people of color from poor neighborhoods.
… Washington State Sen. Jeanne Kohl-Welles says that many legislators, particularly in the state’s more conservative rural areas, “buy into the cultural stereotypes about marijuana,” such as the idea that it’s a gateway to harder drugs. The Seattle Democrat, who is sponsoring a bill to reduce the penalty for less than 40 grams of pot from a misdemeanor to a civil infraction, says … that law enforcement has largely opposed her decriminalization bill.
Writing locally in the Massachusetts Daily News Tribune, Evans questions why none of the state’s major party candidates have reached out to the 65 percent of state voters who elected last year to decriminalize marijuana possession statewide.
The Senate race and marijuana prohibition
via The Daily News TribuneOdd, isn’t it, that all the U.S. Senate candidates, and the people who ask them questions trying to elicit their positions on issues people care about, seem to have forgotten that in the last election, a whopping 65 percent of the voters went for marijuana decriminalization?
If that many voters care about the marijuana laws, why do these candidates, who claim to have their fingers on the public pulse, ignore the subject?
… Politicians report little “noise” on this issue, mistaking silence for indifference, not fear. People are justifiably fearful about writing a letter, showing up on a mailing list, even sending an email with the “m” word in it. They have to be very careful about their jobs, their drivers licenses and the kids in school whose parents will talk. But put them in the privacy of a voting booth, and stand back!
… No living person is responsible for the marijuana prohibition laws. They were conceived three generations ago in a cultural and racial climate far different from our own, and very different from that to which we aspire.
Are we ready for a serious, sober discussion about repeal, without the usual winks, smirks and puns? Can we handle it? Will someone lead it?
And finally, speaking of “serious discussions,” it doesn’t get much more serious — and mainstream — than the persuasive and well-articulated arguments from longtime NORML-ally Jessica Corry, who has an amazing ability to tongue-tie both probitionists and Fox News hosts within three minutes! I’m just glad that she’s on our side.
Supreme Court to Hold Special Outreach Session at UC Berkeley Law School
Live TV Broadcast of Oral Arguments on Nov. 3 in Cases Involving Medical
Marijuana, DNA Evidence, and Sex Offender Law
[UPDATE!!! UPDATE!!! California NORML Coordinator Dale Gieringer attended today's oral arguments and filed this report:
In a remarkable turn of events, both sides at today's California Supreme Court Hearing on the Kelly case agreed that the so-called SB 420 quantity limits in Health and Safety Code 11362.77 are unconstitutional when applied to limit patients' right to a compassionate use defense under Prop. 215.
Instead, they discussed how the Kelly decision could be recast so as not to invalidate 11362.77 when used for other purposes: for example, to protect card-holding patients from arrest when they are within the limits.
Michael Johnsen from the Attorney General's Office admitted that their "position had evolved" since the Kelly case was first argued, when they had tried to claim that the limits in 11362.77 were constitutional. Asked by the court why they should even be hearing the case in that event, Johnsen said that the court should narrow the Appellate Court decision so as to not throw out 11362.77 altogether.
"I have never had the pleasure of getting up in an appellate argument and saying I agree with everything my opponent said," remarked defense attorney Gerald Uelmen.
Patrick Kelly was originally charged with growing 7 plants and 12 ounces, an amount above the SB 420 limits. His defense argued that he could not be convicted for exceeding the limits, because Prop. 215 guarantees patients the right to have whatever amount is reasonably related to their medical needs. The Appellate Court agreed that the limits were an unconstitutional amendment to Prop. 215, and struck down the entirety of 11362.77 as unconstitutional.
Today, both sides agreed that 11362.77 was unconstitutional as applied to Kelly's case, but that it should be preserved in other situations, where it provides useful guidelines for arrest. The court's final decision will be forthcoming in 90 days.]
San Francisco—For the ninth year in a row, the California Supreme
Court will reach out to hundreds of students at a special oral argument
session from 9:00 a.m. to 5:00 p.m. on Tuesday, November 3, 2009, at the
University of California, Berkeley, School of Law, at Booth Auditorium,
2778 Bancroft Way, Berkeley.
The educational program is designed to improve public understanding of
state courts and is being held in collaboration with the School of Law.
Law students, university faculty and staff, and dozens of high school
and middle school students are expected to attend.
California Chief Justice Ronald M. George and Berkeley Law Dean
Christopher Edley, Jr., will make opening remarks, followed by a
question-and-answer session between law students and the justices.
LIVE TELEVISION BROADCAST
California Channel, a public affairs cable network, will broadcast oral
arguments in all five cases to be argued before the court. The network
reaches 6.5 million viewers across the state and will offer a satellite
link to facilitate coverage by other stations. There is no direct link to the webcast yet, but it will be available online at The California Channel under the ‘Live Web’ section, as well as on your local cable TV provider in CA.
11:00 a.m. (Pacific): People v. Kelly (Patrick K.) (and related habeas corpus matter), S164830 concerns the Legislature’s authority to impose quantity limitations on users of “medical marijuana.”
Former Drug Czar Barry McCaffrey “Lies” To Beat The Band About Cannabis…Then Again, What Else Is New?
In the media rush to cover the DOJ memo on the Obama administration’s redirecting federal law enforcement efforts away from arresting and prosecuting state compliant medical cannabis providers CNN’s Lou Dobbs interviewed former Drug Czar Barry McCaffrey and Cato Institute’s Tim Lynch…
Checkout Tim’s on-point rebuttal of McCaffrey’s usual double-speak, and that of others like blogger Joe Campbell, who’ve simply called out McCaffrey as, in Mr. Campbell’s view, “a liar”.
Any long time observer of Mr. Caffrey’s m.o. when being interviewed is to tell some whoppers to an unquestioning media, but in these recent videos McCaffrey, again, wrongly claims that no one gets arrested for cannabis; no one goes to jail or prison for cannabis-related offenses; that he didn’t lose in the seminal case Conant vs McCaffrey; cannabis is de facto legal in the United States, etc…Geesh! I guess when the hundreds of cannabis consumers who call the toll-free number (888-67-NORML) or email NORML this week post arrest looking for legal information and assistance, we”ll just inform them, ‘Don’t you know, according to Barry McCaffrey, cannabis is de facto legal, and that you didn’t really get arrested.’
Makes one wonder how honest and credible McCaffrey has been for the last nine years as a paid, on-air military consultant for NBC News when his track record for anti-pot prevarications (I’m in DC…and therefore not suppose to use the word ‘lie’) are so obviously refuted. If he’d so obviously twist the truth about cannabis, would he mislead an audience or interviewer about America’s military and defense contractors?
We’re back in studio this Saturday for our special Halloweed show! Our guest is ROBERT PLATSHORN, a.k.a. “The Black Tuna”. We’ll be discussing his life as America’s longest-imprisoned (30 years) non-violent marijuana offender, once referred to by President Carter’s attorney general as one of the “slickest, most sophisticated pot smugglers of the 70’s.” Read all about it in Platshorn’s book, “The Black Tuna Diaries”.
We’re also broadcasting from the site of NORML’s West Coast Media HQ Halloweed party, with guests such as Oregon NORML’s Madeline Martinez and UrbAge Designs‘ Scott Gordon. Plus your calls about the scariest marijuana moments in your life. It’s live talk radio from the National Organization for the Reform of Marijuana Laws.
The show runs from 6pm-8pm Pacific Time (9-11pm Eastern) streaming live at http://live.norml.org. You can call in with your questions and comments at 347-994-1810. Archived episodes of NORML SHOW LIVE are available for download from our site or by subscribing through iTunes.
Yesterday’s testimony by supporters and foes of Assembly Bill 390, an act to tax and regulate marijuana in California, is now posted on the web at the following URLs:
Part I: http://www.calchannel.com/channel/viewvideo/798
Part II: http://www.calchannel.com/channel/viewvideo/799
Part III: http://www.calchannel.com/channel/viewvideo/800
Retired Orange County Superior Court Judge James P. Gray’s testimony was one of the last to be heard, and to use a World Series metaphor, we couldn’t have asked for a better “clean up” hitter:
California state lawmakers are scheduled to hear testimony tomorrow in support of taxing and regulating the commercial production and distribution of marijuana for adults age 21 and older.
[Paul Armentano 10/29 update: Archived video of the entire hearing is now available online here. The hearing is three hours long and archived in three separate parts.]
[Paul Armentano updates: Just a quick update for folks. There is extensive media coverage of today's hearing. Go to Google News and type in "Ammiano marijuana." There are well over 100 news items, ranging from the New York Times to UPI to Bloomberg to AP, etc. The hearings were also carried live on The California Channel, but the video has not yet been archived. (Check back to the Cal Channel website tomorrow or Friday, but here's a five minute clip care of youtube.) NORML's testimony from today is available here and here. Following the hearing, many of us met with numerous key lawmakers (and their staff) on the Public Safety and Health Committees to discuss the issue further. (I had four meetings myself.)
As for "what's next?" First off, this was an INFORMATIONAL HEARING only. There will be NO Committee vote at this time. There will likely be a second informational hearing scheduled before the Assembly Committee on Health. After that, the Public Safety Committee is anticipated to hold a separate hearing specific to AB 390, the Marijuana Control, Regulation, and Education Act in January 2010. IF we have the votes at that time to pass the bill out of Committee, the Chair (who is the bill's sponsor) will call it for a vote sometime this spring. If we don't have the votes on the Committee, then the bill will languish in Committee. It's that simple.]
Members of the California Assembly Committee on Public Safety have called for the hearing, entitled “Examining the Fiscal and Legal Implication of the Legalization and Regulation of Marijuana.” The hearing will be chaired by Assemblyman Tom Ammiano (D-San Francisco), sponsor of Assembly Bill 390, the Marijuana Control, Regulation, and Education Act. It will take place at 10am in room 126 of the State Capitol.
A press conference will take place prior to the hearing at 9 am in Capitol Room 317.
California NORML Coordinator Dale Gieringer is scheduled to testify before the Committee at noon. [Editor's note: Read Dale's written testimony here.] NORML has also submitted prepared testimony to the Committee, which is available online here.
Several representatives from law enforcement, including the California Police Chiefs Association and the Office of the Attorney General’s Bureau of Narcotics Enforcement, are scheduled to testify in opposition to the bill.
“The criminal prohibition of marijuana provides law enforcement and state regulators with no legitimate market controls,” states NORML Deputy Director Paul Armentano in prepared testimony. “This absence of state and local government controls jeopardizes rather than promotes public safety. I urge this Committee to move forward with the enactment of sensible regulations for legalizing marijuana.”
Tomorrow’s hearing marks one of the first times since 1913 that the California legislature has debated ending criminal prohibition.
If you live in California you can contact your member of the Assembly in advance of tomorrow’s historic hearing here.
