Time: What Is President Obama’s Problem With Medical Marijuana?

Michael Sherer at Time Magazine has posted online today a particularly astute examination of the Obama administration’s flip-flop on marijuana policy. Below are some key excerpts. Michael’s full article appears in the newsstand edition of Time.

What Is President Obama’s Problem With Medical Marijuana?
via Time.com

[T]he Obama Administration is cracking down on medical marijuana dispensaries and growers just as harshly as the Administration of George W. Bush did. In 2011, the Department of Justice revised its guidance to U.S. Attorneys, allowing them to target any medical marijuana activity except for ill patients and their immediate caregivers. The Drug Enforcement Administration has made it clear that “medical marijuana is not medicine,” and even called it a “mortal danger.” … In many states, U.S. Attorneys have advised state and local officials to back away from plans to create rules and regulations that would codify the medical pot industry, in some cases raising the possibility that lawmakers could be prosecuted for promoting drug use that is legal under state law.

… Over the last few weeks, I have talked with nearly a dozen people in the medical marijuana business, three U.S. Attorneys, White House officials and local officials who oppose the federal crackdown for a story that will appear in this week’s newsstand issue of TIME. The answer on the ground is, predictably, far more complicated than either medical marijuana advocates or the Obama Administration is willing to describe. And it all comes down to this: Despite Obama’s promises during the 2008 campaign, federal prosecutors have lost faith in the ability of state and local officials to control a booming commercial industry for a drug that is still illegal to grow, possess or sell under federal law. As a result, a once broad exemption from prosecution for medical marijuana providers in state where it’s legal has been narrowed to a tiny one. … [T]he nation is left with an uneasy status quo: The federal government is not trying to eliminate medical marijuana altogether, but it has decided that it cannot stand for the commercialization or large scale production of marijuana for the stated purpose of helping the sick, even when that production is technically within the bounds of state law.

…[I]n a different world, the federal government might work with state and local officials to more tightly regulate the growing of marijuana for medical purposes. But since pot is illegal under all circumstances under federal law, the opposite has been happening. Attempts, particularly in California, to more tightly regulate and thereby provide greater legal protection for the drug, have been shut down by the federal government.

And so, medical marijuana is left in a no man’s land. Individual sick users are safe from prosecution, but they are likely to find it harder in the coming months to get the drug. Growers and dispensers are not protected by state law from federal prosecution, especially if they become large enough to get noticed by federal investigators. And the likely result is that more of the medical marijuana industry will be pushed underground in the coming years, making it more difficult for local officials to track the business. This arguably will only increase some criminal activity, as large amounts of money and a very profitable commodity move through the system by way of small-time dealers working without sophisticated security systems.

…“What this really screams for a cohesive national policy.”

But there is no such policy on the horizon. Obama has shown little interest in elevating the issue. Some in federal law enforcement–and at the Office of National Drug Control Policy–hope that the advent of new pharmaceutical replacements for grown medical marijuana, like the Canadian drug Sativex, [Editor's note: Sativex is a British drug, not a Canadian manufactured product -- though it is legal by prescription in Canada.] will make the entire issue moot in the coming decade. But that looks unlikely in the short term, given the lack of concern among the general public with medical marijuana. A 2010 poll by the Pew Center for the People and the Press found that 73% say they favor “their state allowing the sale and use of marijuana for medical purposes if it is prescribed by a doctor.”

In other words, don’t hold your breath for clarity anytime soon. The haze is here to stay.

NORML’s Weekly Legislative Round Up

Marijuana law reform legislation still remains pending in several this 2012 legislative session. Is your state among them? Find out here.

More importantly, have you taken the time to call or write your state elected officials this year and urged them to support these pending reforms? If not, NORML has provided you with all of the tools to do so via our capwiz ‘Take Action Center’ here.

Below is this week’s edition of NORML’s Weekly Legislative Round Up — where we spotlight specific examples of pending marijuana law reform legislation from around the country.

CALIFORNIA: State lawmakers have taken action in recent days on a number of important marijuana law reform measures. Below are some highlights:

1. Assemblywoman Nora Campos has withdrawn legislation, AB 2465, which sought to mandate that state-qualified medicinal marijuana patients obtain a state-issued identification card. Under present law, patients may voluntarily obtain county-issued identification cards, but no such mandate exists in the language of Prop. 215. California NORML, among other groups, objected to AB 2465 on the basis that it infringed upon patients privacy and was likely unconstitutional.

2. On Thursday, April 19, Assemblywoman Norma Torres amended AB 2552 to remove language that initially sought to expose marijuana consumers to enhanced DUI penalties based solely upon the presence of THC in their blood. Assemblywoman Torres struck this language after NORML and others roundly criticized the legislation as being discriminatory toward cannabis consumers, including those who use the substance therapeutically in compliance with state law. NORML argued that AB 2552 was unnecessary, unscientific, and would have exposed cannabis consumers to wrongful convictions. NORML wishes to thank those of you who took the time to contact your member of the Assembly to help us successfully derail AB 2552.

3. Last week, the Senate Public Safety Committee approved Sen. Mark Leno’s bill (SB 1506) to defelonize cases involving the simple possession of drugs (including hashish) to a misdemeanor offense. (Marijuana possession is already decriminalized under state law to a non-criminal infraction.) This measure is sponsored by the Drug Policy Alliance and the ACLU, and is supported by California NORML.

4. Finally, two separate bills seeking to clarify the production and distribution of medicinal cannabis under state law are moving forward in the legislature. On Tuesday, April 17, members of the Assembly Committee on Public Safety voted 4-2 in favor of AB 2312. The bill now awaits action from the Assembly Appropriations Committee. AB 2312 seeks to establish a state regulatory system for medical cannabis under the Department of Consumer Affairs. Under this proposal, medicinal cannabis dispensaries would become state-licensed. It would also require cities and counties to allow at least one marijuana dispensary for every 50,000 residents – unless local voters specifically approve a ban or tighter restrictions.

Separate legislation in the state Senate, SB 1182, was heard and approved by the Senate Committee on Public Safety on Tuesday, April 24. SB 1182 seeks to bar from state prosecution those establishments that operate within the state Attorney General’s 2008 written guidelines for marijuana cooperatives and collectives. It further states, “This bill would exempt those entities and persons from criminal prosecution or punishment solely on the basis of the fact that they receive compensation for actual expenses incurred in carrying out activities that are in compliance with those guidelines.”

Supporters of these measures believe they will provide California dispensaries, the public, and law enforcement with needed clarity regarding how and where such facilities may operate. Doing so may also limit the federal government’s ongoing interference in California’s medical marijuana operations.

You can read more about AB 2312 and SB 1182 via NORML’s ‘Take Action Center’ here or by contacting California NORML.

CONNECTICUT: Lawmakers in a pair of Committees in recent days voted in favor of Raised Bill 5389, which allows for the limited legalization of medical marijuana by qualified patients. The full House of Representatives is expected to vote on the measure imminently. [**UPDATE: ON WEDNESDAY, APRIL 26, THE FULL HOUSE PASSED THE MEASURE 96-51. THE MEASURE NOW AWAITS ACTION BY THE SENATE.] If you live in Connecticut and wish to receive future e-mail updates on the progress of this legislation and what you can do to assure its passage, please contact Erik Williams, Connecticut NORML Executive Director at: ewilliams@campaignswon.org.

NEW HAMPSHIRE: On Wednesday, April 25, members of the New Hampshire House of Representatives voted overwhelmingly 236 to 96 in favor of Senate Bill 409, which would allow for the limited legalization and cultivation of medical marijuana. The super-majority approval came following renewed veto threats by Democrat Gov. John Lynch.

SB 409 allows qualified patients to possess up to four cannabis plants and/or six ounces of marijuana for therapeutic purposes.

According to an MPP legislative update, the bill is expected to be referred to a second House committee for further consideration before returning to the Senate for a concurrence vote.

The Senate concurrence vote is pivotal. In March, member of the Republican-led New Hampshire State Senate voted 13-11 in favor of Senate Bill 409. (You can watch lawmakers reaction to the vote here.) Support from three additional senators will be necessary to override the Governor’s expected veto. Please check NORML’s ‘Take Action Center’ for updates or visit NH Compassion here.

If Connecticut and New Hampshire both enact medical marijuana legislation this year, they will become the 17th and 18th states to do so since 1996.

NORML’s Weekly Legislative Round Up

Marijuana law reform legislation still remains pending in several this 2012 legislative session. Is your state among them? Find out here.

More importantly, have you taken the time to call or write your state elected officials this year and urged them to support these pending reforms? If not, NORML has provided you with all of the tools to do so via our capwiz ‘Take Action Center’ here. (FYI: NORML’s capwiz page is specific to legislation only, not ballot initiative efforts. A summary pending 2012 ballot initiative campaigns may be found at NORML’s Legalize It 2012 page on Facebook here or on the NORML blog here.)

Below is this week’s edition of NORML’s Weekly Legislative Round Up — where we spotlight specific examples of pending marijuana law reform legislation from around the country.

** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and to make the changes they want to see. Get active; get NORML!

California: Longtime NORML ally Mark Leno is sponsoring legislation, Senate Bill 1182, that seeks to clarify how medical marijuana dispensaries may legally operate under state law. As introduced, SB 1182 seeks to bar from state prosecution those establishments that operate within the state Attorney General’s 2008 written guidelines for the ‘lawful operation of cooperative or a collective’.
The measure also “exempts those entities and persons from criminal prosecution or punishment solely on the basis of the fact that they receive compensation for actual expenses incurred in carrying out activities that are in compliance with those guidelines.” California NORML strongly supports SB 1182, as it would substantially eliminate confusion over the legality of the state’s several hundred dispensaries. You can learn more about the measure here.

Maryland: As anticipated, a series of bills that sought to allow for the physician-supervised use of medical marijuana once again stalled in the Maryland legislature. On a more positive note, however, lawmakers did take action this session to reform the way minor marijuana possession cases are prosecuted and defendants are sentenced. Specifically, lawmakers passed legislation that lowers the penalty for possession of 10 grams or less of marijuana from up to a year in jail and a $1,000 fine to up to 90 days in jail and a $500 fine. Legislators also passed a separate measure that provides police the discretion to cite, rather than arrest, minor marijuana offenders. Both measures await the signature of democrat Gov. Martin O’Malley.

Massachusetts: State lawmakers on Wednesday, April 11, delayed action on several bills that sought to allow for the limited use of marijuana therapy. By failing to take action on any of these measures, lawmakers all but assured that a binding ballot question on the topic will go before voters this November. According to the statehouse news report: “Rep. Jeffrey Sanchez, co-chair of the committee, told the News Service after [the] hearing … that his committee is ‘not working on anything’ that would stop the planned ballot question. The Legislature has until May 1 to either pass the initiative, draft its own version of legislation, or refrain from acting on it and allow the process to continue toward the November ballot.” (You can read a full summary of the hearings and initiative effort here.)

In previous elections, Massachusetts voters have overwhelmingly supported non-binding public policy questions regarding the legalization of medical marijuana. Further information on Massachusetts statewide reform efforts is available from NORML’s statewide affiliate Mass/Cann NORML here.

New Hampshire: House lawmakers in March passed marijuana decriminalization legislation. Senate lawmakers are considering doing likewise this week. On Thursday, April 19, members of the Senate Judiciary Committee will hear testimony in support of House Bill 1526, which amends penalties for possession of marijuana (up to one-half ounce) from a criminal misdemeanor punishable (by up to one year in jail and a $2,000 fine) to a civil infraction, punishable by a maximum fine of $250 and no criminal record. Click here to contact your state Senator regarding this proposal.

Separate legislation (Senate Bill 409), which allows for the possession and cultivation of cannabis for therapeutic purposes, has passed the Senate and remains pending in the House. You can track this legislation here or by contacting NH Compassion here.

Tennessee: Tennessee’s Safe Access to Medical Cannabis Act (House Bill 294/Senate Bill 251) will receive a final hearing on Tuesday, April 17th. This will be the final opportunity for advocates to publicly show lawmakers their support for marijuana law reform during the 2012 legislative session. The hearing will take place at a special meeting of the Senate Health Committee at 9:00am. More information on this proposal and NORML’s ongoing lobbying efforts in Tennessee is available here.

Estimate: Worldwide Population Of Lawful Medical Marijuana Patients

From the International Association for Cannabinoid Medicines
IACM-Bulletin of 8 April 2012

World: Increasing numbers of patients use cannabis for medicinal purposes

An increasing number of patients in the world are using cannabis for therapeutic reasons, with available data from countries, which have installed programs for their citizens. Good data are available for Israel, Canada, the Netherlands and many states of the US with medicinal cannabis laws and registries. In several more countries only a few patients are allowed to use cannabis for medicinal purposes, including Germany, Norway, Finland and Italy. In many other countries such as Spain and some states of the US without a registry such as California the number of medicinal users is estimated to be high, but no detailed data are available.

The numbers in California with hundreds of cannabis dispensaries and clinics that issue medical cannabis recommendations are unclear, since the state does not require residents to register as patients (see below**)
Most of the 16 states that allow the medicinal use of cannabis require a registration. Recently the press agency Associated Press published data on registered patients in different states of the USA based on state agencies responsible for maintaining patient registries:

State: Number of registered patients (per 1,000 of the whole population) –
Colorado: 82,089 (16.3)
Oregon: 57,386 (15.0)
Montana: 14,364 (14.5)
Michigan: 131,483 (13.3)
Hawaii: 11,695 (8.6)
Rhode Island: 4,466 (4.2)
Arizona: 22,037 (3.5)
New Mexico: 4,310 (2.1)
Maine: 2,708 (2.0)
Nevada: 3,388 (1.3)
Vermont: 505 (0.8)
Alaska: 538 (0.8)
Patient registration is mandatory in Delaware, New Jersey and the District of Columbia (Washington D.C.), but their registries are not yet up and running. Washington State has neither voluntary nor mandatory registration.

Data from Israel show that in August 2011 6,000 patients got medicinal cannabis (0.8 patients in 1,000). It is estimated that the number increases to 40,000 in 2016 (5.2 patients in 1,000 citizens).

In Canada 12,116 patients were allowed to use cannabis on 30 September 2011 (0.35 patients in 1,000 citizens).

Numbers of patients using cannabis from the pharmacies in the Netherlands were estimated to be 1,300 in 2010 (0.08 patients in 1,000 citizens). However, many patients in the Netherlands use cannabis from the coffee shops or grow their own.

In Germany about 60 patients are currently allowed to use cannabis for medicinal purposes.

(Sources: Associated Press of 24 March 2012, website of the Israeli Prime Minister of 7 August 2011, UPI of 31 October 2011, Pharmaceutisch Weekblad No. 20, 2011)

**[Editor's note: CA NORML published a white paper last May estimating that California has 750,000 - 1,125,000 citizens who possess a physician's recommendation to use cannabis medicinally.]

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