Last January I proclaimed in the The Hill’s Congress blog: “Marijuana law reform is no longer a political liability; it’s a political opportunity.” Ten months later it appears that an unprecedented number of state-elected officials are heeding the message. Here’s just a sample.
COLORADO: Last week the Commission on Criminal and Juvenile Justice recommended legislators to substantially reduce marijuana penalties so that the possession of up to four ounces of pot would classified as a petty offense. Offenses involving greater amounts of cannabis (up to 16 ounces) would be reduced to a misdemeanor. State Attorney General John Suthers told the Denver Post that he supports the Commission’s recommendations which, if enacted, would make Colorado’s pot possession laws among the most lenient in the nation.
RHODE ISLAND: A special nine-member Senate panel met for the first time this week to debate revising the state’s criminal marijuana policies. The panel’s chair, Democrat Sen. Joshua Miller, said that the task-force will primarily focus on the subject of decriminalization, but that members will also likely debate the merits of taxing a regulating the adult use of cannabis. The panel’s recommendations to the legislature are due on January 10, 2010. In 2009, Rhode Island’s legislature became only the second to approve legislation licensing the establishment of medical cannabis dispensaries.
WASHINGTON: Incoming Seattle city attorney Peter Holmes announced this week that his office will no longer charge anyone with simple marijuana possession offenses. “We’re not going to bring any more (marijuana possession) charges,” he said. There are other more important, more pressing public safety matters in need of attention with the limited resources we have.” Holmes added that he supports legislation that stalled in 2009 that seeks to depenalize marijuana. Those proposals are expected to be heard by the legislature in 2010.
PENNSYLVANIA: Next month legislators will hold their first hearing — ever — on legalizing the use of medical cannabis. The House Committee on Health and Human Serviceswill hear testimony on HB 1393, The Barry Busch Compassionate Use Medical Marijuana Act of 2009, on Wednesday, December 2, at 11am in Room 140 of the Main Capitol. Contact Philly NORML for further details.
ARKANSAS: Democrat Senator Randy Laverty announced this week that he is considering introducing legislation to lessen or eliminate criminal penalties for marijuana possession offenses. Legislators in several other states, including New Hampshire and Texas, are also expected to debate marijuana legalization proposals in 2010.
CALIFORNIA: In the coming months legislators are expected to hold additional hearings on Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to tax and regulate the commercial production and retail sale of cannabis to those age 21 or older. The California Assembly Committee on Public Safety is anticipated to vote on the measure by late January. The vote will mark the first time that California, or the legislature of any state, has voted on the issue of cannabis regulation in over three decades.
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.
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 Coloradowill 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:
Almost 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.
Odd, 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.
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:
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.
Saturday Night’s episode of NORML SHOW LIVE will be at a special time – 4:00pm Pacific / 7:00pm Eastern – to take advantage of the lineup here at the Cypress Hill Smokeout in San Bernardino, California. Cheech & Chong are playing a “4:20″ set, so I will be there live, bringing you the comedy from NORML’s favorite comedy team.
Following Cheech & Chong in the lineup are the newly re-formed band Sublime, which many will remember for their cover of “Smoke 2 Joints” among many others. We’ll bring you some of their set as well. I’ve also got an interview with “My Fair Brady’s” Adrianne Curry, Steve Bloom from Celebstoner discussing the celebrity panel, and PonyBoy from Los Marijuanos from Friday’s festivities. Calling in to the show are Kottonmouth Kings and responding to her Jay Leno snub, 2006 Miss New Jersey Georgine DiMaria. (All subject to change due to the chaotic nature of a festival!)
Interspersed with the live audio will be my interviews with many of the artists, celebrities, and just normal folks attending this two day outdoor festival. Join us live at http://live.norml.org, where you can also participate in our online chat and speak live to the host and guests – dial in to 347-994-1810 to participate.
In what can only be described as major departure in the so-called ‘war on drugs’, the Obama Administration is issuing a new three page memo this morning [Paul Armentano updates: You can now read the memorandum, signed by Deputy Attorney General David W. Ogden, here. You can also share your thoughts with the White House on the administration's decision via NORML's Take Action Center here.] mapping out the federal government’s new guidelines for states that have laws protecting medical cannabis patients.
In February Attorney General Eric Holder indicated in a press conference that the Obama Administration–which favors physician-recommended access to medical cannabis–would abate from what had been an aggressive law enforcement (and propaganda) campaign against medical access to cannabis.
Today’s memo from the Department of Justice formalizes these changes and is a MAJOR victory for citizens who support cannabis law reform!
Report: New DOJ guidelines to back medical marijuana laws
By Bridget Johnson – 10/18/09 11:40 PM ET
The Obama administration is set to make a sharp turn from the Bush administration when it comes to state laws regarding medical marijuana usage, the Associated Press reported late Sunday.
The guidelines to be issued to federal prosecutors Monday will suggest that it’s not a good use of time to go after users and distributors of medical marijuana in the 14 states that allow such usage, while encouraging that illegal pot operations involving violence, firearms and sale to minors still be pursued.
Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington currently have state laws allowing at least limited use of marijuana for medical purposes. The AP reported that federal prosecutors in these states, as well as top officials at the FBI and DEA, would being receiving the three-page Justice Department memo outlining the new policy.
Under the George W. Bush administration, medical marijuana dispensaries were still targeted for violating federal law despite state laws allowing pot for medical use. Attorney General Eric Holder signaled a shift in this policy in March, stating that federal enforcement would concentrate on illegal marijuana operations that use medical pot allowances as a cover.
The move doesn’t come as a surprise, as Obama the candidate had expressed support for states that allowed medical marijuana.
“I would not have the Justice Department prosecuting and raiding medical marijuana users,” then-Sen. Barack Obama said on the campaign trail in New Hampshire.
First it was Marie Claire magazine with their “Stiletto Stoners”, followed by a sympathetic follow-up on the NBC Today Show. Now Elle Magazine prints 2,758 words from another Stiletto Stoner who has discovered that cannabis is a superior medication for her generalized anxiety disorder than the Zoloft and Paxil her doctors had recommended.
(Elle Magazine) A thimbleful is all it takes. After a day’s work, I pinch off a small amount of marijuana and put it in a steel-tooth grinder. The flowers, covered in tiny white diamonds of THC, release a piney scent when crushed. I turn on the TV, and instead of taking a glass of wine with my evening news, I take out my vaporizer and set it on the coffee table.
One could say I diagnosed myself in high school, when I recognized my symptoms in a psychology textbook. Finally, I had “generalized anxiety disorder” to describe the dread I felt of some future event that was overtaking my present. I usually sensed the panic attacks first in my chest. Then my vision would start to go to static, and my body would crumple to the floor. There I’d ride it out until the adrenaline ran its course.
Soon after I started to suffer several of these episodes a day (and so often that fear of another one kept me indoors), I sought out a psychiatrist. I told her about the times I’d be driving and convince myself that I was about to spin off the road—the looping, invented terrors. A little talk therapy and a prescription later, I discovered that Zoloft only exacerbated my panic and depression. I stopped taking the little white pills and cut out caffeine instead; I exercised and practiced meditation. For years I abstained from medication, and aside from the occasional pot smoking with friends, I swore off drugs entirely.
About four years ago, another psychiatrist put me on lithium for what he described as my “Paxil-induced hypomania.” When it made me violently sick, I decided I needed to replace pills altogether and turn to a regimen that relied on what was, to me, the only proven drug. I headed down to the five-block stretch of marijuana advocacy groups known as “Oaksterdam.” There, I explained to an understanding doctor, wearing Lennon glasses and cargo shorts, that marijuana eased the symptoms of what studies showed and I knew to be a genetic disorder. (My two younger brothers have been diagnosed as bipolar, and my grandmother suffered from anxiety and depression.)
The writer continues by explaining how she is able to keep her job and be productive thanks to marijuana, and that her friends that use marijuana are all successful productive people she’s proud to know. She worries about the legal complexities, especially how the California Ragingwire decision still allows employers to fire people for their medical use.
From a media standpoint, I believe when you’re having women speak favorably of marijuana in Marie Claire, the Today Show, and Elle Magazine, you’re winning the hearts and minds.
Richard Lee has been working to end cannabis prohibition for nearly two decades. In 1992 he co-founded Legal Marijuana – The Hemp Store in Houston, Texas, one of the first hemp products retail outlets in the United States. In 1997, Richard relocated to Oakland, California, where he co-founded the Hemp Research Company, which supplied medical cannabis to the Oakland Cannabis Buyers’ Club, and promoted efficient and environmentally friendly methods of cannabis horticulture. Two years later he opened the Bulldog Coffeeshop, the second retail cannabis outlet in "Oaksterdam." In 2003, Richard founded the Oakland Civil Liberties Alliance, the political action committee that passed Oakland’s Measure Z — making private sales, cultivation, and possession of cannabis the lowest law enforcement priority and mandating that Oakland tax and regulate cannabis as soon as possible under state law. More recently, he founded the first-ever cannabis college in the United States, Oaksterdam University, which seeks to provide students with the highest quality training for the cannabis industry.
Richard was one of the driving forces behind the recent passage of Oakland’s Measure F, which imposes the nation’s first ever business tax on retail marijuana sales, and is presently spearheading The Regulate, Control, and Tax Cannabis Act of 2010, which seeks to allow California adults 21 years of age and older to possess and consume, cultivate, and possess small amounts of cannabis. Richard will be discussing and debating various aspects of both of these reform endeavors, and what they mean for the cannabis community, at NORML’s 2009 conference.
Richard Lee says, "Yes we cannabis" and so should you! Meet the Mayor of
Oaksterdam and hundreds of other likeminded people at NORML’s 38th annual conference, taking place September 24-26 at the Grand Hyatt Hotel in downtown San Francisco. For registration information, please visit: http://www.norml.org/conference.
A revised budgetary analysis by the California State Board of Equalization (BOE) estimates that taxing and regulating the retail sale of cannabis by adults would raise approximately $1.4 billion in annual new state revenue.
The BOE’s estimate, released late yesterday, assesses a $50 per ounce tax on the retail sale of cannabis (among other state-imposed costs), as recommended under Assembly Bill 390: The Marijuana Control, Regulation and Education Act. This act seeks to license and tax the commercial production, packaging, and retail sale of marijuana to those 21 years of age or older.
As introduced, AB 390 would not impose taxation or licensing requirements on the non-commercial production of cannabis (up to ten mature plants), or on the not-for-profit distribution of pot. Further, the bill would not alter existing legislation on the use of medicinal cannabis, nor would it impose new taxes or sanctions on the medical cultivation of cannabis.
According to the BOE’s revised calculations, the enactment of AB 390 would raise an estimate $990 million annually from the proposed $50 per ounce levy on retail sales of marijuana in addition to another $392 million in yearly sales tax revenues.
The BOE assessment did not assess whether the enactment of AB 390 would reduce existing law enforcement and prosecutorial costs, which have been estimated by California NORML to average some $200 million per year. In 2007, a record 74,000 Californians were charged with marijuana offenses – the largest total since the state ‘decriminalized’ the personal possession of small amounts of marijuana in 1976.
The BOE report acknowledged that legalizing pot for adults would likely result in a “substitution effect” where consumers gravitate toward the use of marijuana “and away from cigarettes and alcohol.”
According to a May 2009 California Field poll of 901 registered voters, 56 percent of Californians say that lawmakers should “legalize marijuana for recreational use and tax its proceeds.” Presently, the state is facing a $26 billion budget deficit.
Assembly Bill 390 is presently before the Assembly Committees on Public Safety and Health, which are expected to take up the issue early next year.
Last January I proclaimed in the The Hill’s Congress blog: “Marijuana law reform is no longer a political liability; it’s a political opportunity.” Ten months later it appears that an unprecedented number of state-elected officials are heeding the message. Here’s just a sample.
NORML is proud to confirm that 
[Editor's note: This post is excerpted from today's NORML 
