The results of a new poll recently released by Third Way, a Washington, D.C. think tank, confirms the country remains largely divided over marijuana policy, a fact also made clear from a number of previous polls, including Gallup, Pew and others. This is, of course, a positive situation for those of us who favor legalization. Only 12 percent of the public supported legalization in 1970, when NORML began challenging prohibition, and it has been a long, slow slog to win their support.
And we can reasonably anticipate even higher levels of support in the near future, as the public become comfortable with the results of full legalization in the first few states to head in that direction. Legalization is no longer just a legal theory that people can speculate about; we finally have the opportunity to measure and analyze the results of actual legalization systems in place in several states (four and counting).
In a completely unexpected move by the Obama Administration, the US Department of Justice released a memo on October 28 indicating to Native American tribes that they can engage in cannabis commerce–cultivation, processing and retail sales–as long as they comport with the existing eight rules put forward in a previous August 2013 Obama Administration memo allowing states the autonomy to develop cannabis-based businesses in states where voters have passed binding ballot initiatives or elected policymakers have passed reform legislation.
- Distribution of marijuana to minors
- Revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels
- Diversion of marijuana from states where it is legal to states where it remains illegal
- State-authorized marijuana activity being used as a cover for trafficking other illegal drugs or activity
- Violence or the use of firearms as part of cultivation and distribution of marijuana
- Drugged driving or the exacerbation of other negative health consequences associated with marijuana use
- Growing marijuana on public lands
- Marijuana possession or use on federal property
US News writes that “there are 326 federally recognized American Indian reservations, according to the Bureau of Indian Affairs. Many reservations are in states that don’t allow marijuana for medical or recreational use, such as Oklahoma, Utah and the Dakotas. Others are located near major East Coast cities and far from legal pot stores in the West.
“The tribes have the sovereign right to set the code on their reservations,” U.S. attorney for North Dakota Timothy Purdon, chairman of the Attorney General’s Subcommittee on Native American Issues, told the Times.
In a statement, the Department of Justice said U.S. attorneys will review tribal marijuana policies on a case-by-case basis and that prosecutors retain the right to enforce federal law.
“Each U.S. attorney will assess the threats and circumstances in his or her district, and consult closely with tribal partners and the Justice Department when significant issues or enforcement decisions arise in this area,” the statement says.
Read the DOJ memo allowing Native American tribes to regulate cannabis-related businesses here.
A detailed map of Native American tribes is found here.
As written, the rider seeks to restrict the District from utilizing federal or local funds to “to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.” A summary of the provision posted on the House Appropriations Committee website acknowledges that the language is intended to prevent any funds from being used to “implement a referendum legalizing recreational marijuana use in the District.”
Washington DC’s Initiative 71 was approved by over 70 percent of District voters in November. The initiative seeks to legalize the adult possession of up to two ounces of marijuana and cultivation of three mature and three immature plants.
“This rider is an affront to the concept of democracy,” commented NORML Communications Director Erik Altieri, “Seven out of ten voters in Washington, DC cast their ballot in favor of ending prohibition and legalizing the adult possession and limited cultivation of marijuana, this attempt by members of Congress to flout the will of the people is a gross injustice to these voters and to the democratic system.”
The House will vote on the final version of the omnibus bill in the next couple days and then it must be approved by the Senate. This rider has no impact on the District’s current decriminalization or medicinal marijuana policies. NORML will keep you updated as the situation develops and what precisely this means for legalization in the nation’s capital.
Federal Omnibus Includes Amendment to Prohibit DOJ/DEA From Interfering With State Medical MarijuanaDecember 9, 2014
The final version of the House omnibus appropriations bill includes the Rohrabacher-Farr amendment, which was approved by the House of Representatives earlier this year. The amendment restricts the Department of Justice and the Drug Enforcement Administration from using taxpayer funds to interfere in state-sanctioned medical marijuana programs in the 20+ states that have enacted them.
NORML supporters have rallied in favor of this provision, with over 22,000 emails and countless direct calls being directed at federal lawmakers regarding the amendment this year.
“This amendment is an important step towards relieving the tension between federal and state policy when it comes to medical marijuana,” stated NORML Communications Director Erik Altieri, “By restricting these agencies in this manner, the nearly two dozen states that implemented medical marijuana programs can hopefully breathe easier knowing federal money won’t be spent to interfere with their progress. We hope this leads to further reforms at the federal level further enshrining this sentiment into law.”
The House is expect to hold a final vote on this bill in the next couple of days, with a Senate vote to follow. You can read the full bill here.
At NORML, our goal is the full legalization of marijuana for all adults, regardless of why one smokes. But even as we continue to move forward politically, there are still hundreds of thousands of Americans being arrested for marijuana-related offenses each year, and until we achieve that goal, the criminal defense bar will continue to play a crucial role defending those citizens. Until we finally legalize marijuana for all adults, we have a continuing obligation to try to assist the victims of prohibition.
The reality is that marijuana smokers remain the target of aggressive and misguided law enforcement efforts in most states today. Responsible smokers in most states read about the newly-won freedoms in a handful of states, and dream of the day when their state will become more tolerant; but they are still being busted in large numbers and have to worry that the next knock on the door may be the police with a search warrant, about to destroy their homes and wreck their lives, looking for a little pot.
The FBI’s Uniform Crime Report was recently released, confirming that marijuana arrests are finally on a downward trend in the US. The marijuana arrests for 2013 totaled 693,481, down from 749,825 arrests in 2012 and 757,969 in 2011. The progress we have been making with decriminalization and legalization at the state level are beginning to be reflected in these arrest numbers.