Ending Cannabis Prohibition in America
The now forty-year-old organized effort to reform cannabis laws in America is on the precipice of major socio-political reforms with approximately fifty percent of the population no longer supporting the nation’s seventy four-year-old Cannabis Prohibition. While reformers have made tremendous gains, notably at the state level, which have placed them at this crossroads, obstacles to full cannabis legalization are abundant and deep-seated in Congress and the federal government.
This paper seeks to identify important areas of concern for cannabis law reform, highlight the factors that have created a positive environment for reform, recognize who are the last and largely self-interested factions in society who fervently defend and/or prosper from Cannabis Prohibition’s status quo, and what are some of the strategic decisions that reformers can implement that will hasten an end to Alcohol Prohibition’s illegitimate, long-suffering cousin.
Important Areas Of Concern For Cannabis Law Reformers
There are several areas of concern for reformers, notably the federal vs. state disconnect in Washington, D.C.; citizens’ illogical fear of cannabis more than alcohol; and the political box canyon potentially created by medical cannabis.
Federal vs. State Government Disconnect –
On a recent video essay broadcast October 20, CNBC host and former senate staffer Lawrence O’Donnell lamenting about Cannabis Prohibition said ‘that only in the U.S. Senate can there be zero discussion about a policy change fifty percent of the country supports’. In a nutshell, despite 14 states having decriminalized cannabis possession, and 16 states and the District of Columbia ‘medicalizing’ cannabis, the U.S. Congress and the executive branch (along with a federal judiciary that is totally deferential to Congress’ intent and will regarding anti-cannabis laws) have a near total disconnect between what the governed want vis-à-vis reforming cannabis laws and elected policymakers on Capitol Hill who strongly support the status quo.
The numbers that frame this political quandary: 75% of the public support medical access to cannabis; 73% support decriminalizing cannabis possession for adults and now 50% of the population support outright legalization (California, where one out of eight U.S. citizens live, nearly passed a legalization voter initiative last fall, only losing by three percentage points). So it can be asserted with confidence that ‘soft’ cannabis law reforms of medical access and decriminalization enjoy overwhelming public support and that the ‘hard’ reform of legalization has now moved into the majority (The recent Gallup poll showed only 46% of citizens continue to support Cannabis Prohibition).
However, even with clear polling data to help guide them away from restrictive policies no longer supported by the public, the Obama Administration’s fifth attempt this October since he took office to introduce ‘digital democracy’ into policymaking decisions by creating a public website where citizens and organizations can post online petitions seeking changes in the ways government works, the president was once again confronted by the publics’ number one question: Why do we have Cannabis Prohibition in 2011? Shouldn’t it be ended as an ineffective public policy?
Unfortunately, like the previous four opportunities to confront public unrest about Cannabis Prohibition, despite the NORML petition being number one with 72,000 signatures, the Obama Administration once again totally rejected any public calls for cannabis law reforms and re-asserted the federal government’s primacy over the states in enforcing national Cannabis Prohibition laws (see discussion below).
Cannabis’ Fear Factor –
Recent polls and focus group data gathered by cannabis law reform advocates post last year’s near-victory in California for Prop. 19 (the initiative that would have legalized cannabis) revealed an important and troubling public perception that reformers need to largely overcome to be successful: Almost fifty percent of the general public in California—where the issue of reforming cannabis laws have been vetted like no other place on earth since the late 1960s— illogically fears cannabis more so than alcohol products.
Forgive the pun, but reformers have to do a better job ‘normalizing’ cannabis use such that its responsible use causes no greater concern in the public’s eye than the responsible use of alcohol. Otherwise, it is hard to imagine cannabis becoming legal anytime soon if fifty percent of the public fears the product and the consumers who enjoy it.
Medical Cannabis’ Political Limitations –
While NORML is the sui generis of medical cannabis in the United States (first suing the Drug Enforcement Administration to reschedule cannabis as a medicine in 1972, NORML vs. DEA), the organization recognizes that absent substantive changes in the federal government’s Controlled Substances Act (and controlling International treaties envisaged and championed by America at the United Nations), qualified medical patients accessing lawful cannabis with a physician’s recommendation in states that authorize such is an untenable conflict with the existing federal laws that do not, under any circumstance, allow for the therapeutic possession, use or manufacture of cannabis.
This state and federal conflict regarding Cannabis Prohibition laws came into full view this year despite previous attempts otherwise by the Obama Administration to slightly modify the federal government’s historic recalcitrance in allowing states greater autonomy to create cannabis controls, and in some cases such as Colorado, to establish tax and regulate bureaucracies specifically for medical cannabis.
Federal actions against medical cannabis in 2011:
*US Attorneys in California deny the city of Oakland the ability to set up a city-sanctioned arrangement with medical cannabis industry to cultivate and sell medical cannabis;
*The Internal Revenue Service (IRS) ruled that medical cannabis dispensaries are not legitimate businesses under federal law and therefore can’t take standard business tax deductions;
*The Bureau of Alcohol, Tobacco and Firearms (BATF) sent a memo to all gun dealers in the U.S. warning them not to make any sales of guns or ammunition to medical cannabis patients, even those who possess a state-issued ‘medical cannabis patient’ card. In effect, this federal action has rendered medical cannabis patients with no Second Amendment rights;
*Federal banking regulators regularly harass and threaten local and state banks not to do business with commercial medical cannabis businesses, even if the businesses have state and city-issued licenses to sell medical cannabis;
*US Attorneys in California and the DEA sent warning letters to otherwise state-compliant medical cannabis businesses that are properly zoned under local laws to shut down or move away from federally-funded schools, day care or recreation centers within 1,000 feet of the dispensary;
*These same US Attorneys are now threatening to legally pursue newspapers and magazines that advertise what are otherwise legal, state and city-authorized businesses and their lawful commerce.
Also, under numerous state Supreme Court decisions, lawful medical patients can be denied employment; along with driving privileges (which was recently overturned in California), child custody, Section Eight housing, university residences, and even be denied a life-saving organ transplant.
With so many onerous institutional discriminatory practices and restrictions—and the price of medical cannabis remaining inordinately high because of the existence of Cannabis Prohibition—patients who genuinely need access to this low toxicity, naturally occurring herbal medicine would be far better served by ending Cannabis Prohibition in total than trying to carve out special legal exemptions to existing prohibition laws.
Why Cannabis Reform Is More Popular Now Than Ever Before
The rapid increase in public support for cannabis law reform is made possible by five factors:
1) Baby Boomers are now largely in control of most of the country’s major institutions (media, government, entertainment, education and business) and they have a decidedly different perception and/or relationship with cannabis than the World War II generation (AKA, the Reefer Madness generation), who, were largely abstinent of consuming cannabis.
2) These crushing recessionary times have forced many elected policymakers to drop their support for rigorous enforcement of Cannabis Prohibition laws. Numerous states and municipalities have adopted half measures towards legalization, notably decriminalizing possession or adopting a lowest law enforcement priority strategy.
3) Medical cannabis first becoming legal in 1996 by popular vote in California. After the nation’s largest and most politically important state adopted medical marijuana guidelines, sixteen states and the District of Columbia have followed suit setting up a terrific state vs. federal government conflict that has already visited the U.S. Supreme Court twice (2002 and again in 2005).
4) The advent of the Internet in the mid 1990s allowed citizens to communicate directly with each other at very low costs, create large social networks of like-minded community members, avoid mainstream media (which readily serves as a lapdog, rather than government watchdog in the war on some drugs) and educate themselves with verifiable and credible information about cannabis (rejecting government anti-cannabis propaganda programs like the controversial DARE program in the public schools and the Partnership for Drug-Free America’s ineffective ad campaigns in the mainstream media).
5) Americans are apparently (and finally!) becoming increasingly Cannabis Prohibition weary after seventy-four years. In comparison, America’s great failed ‘social experiment’ of Alcohol Prohibition lasted about a dozen years.
Who Actually Wants Cannabis Prohibition To Continue?
One of the principle lessons in the Art of War is to ‘know thy enemy’. Therefore, it behooves cannabis law reformers to understand what small, but powerful factions in American society actively work to maintain the status quo of Cannabis Prohibition:
1) Law enforcement – There is no greater strident voice against ending Cannabis Prohibition than from the law enforcement community—from local sheriff departments to the Fraternal Order of Police to State Police departments to federal law enforcement agencies.
2) Federal and state bureaucracies born from Cannabis Prohibition itself – Washington, D.C. and most state capitals have created dozens of anti-cannabis government agencies to both maintain and enforce existing Cannabis Prohibition laws. Examples: Drug Enforcement Administration, Office of National Drug Control Policy (AKA, drug czar’s office), DARE, Partnership for a Drug-Free America, National Institute on Drug Abuse, Substance Abuse Mental Health Services Administration, National Drug Control Information Center, etc…
Many of these bureaucracies in turn provide most of the funding to so-called ‘community anti-drug organizations’ to create the false appearance of local grassroots opposition to any cannabis law reforms.
3) Alcohol, tobacco and pharmaceutical companies –
Historically, alcohol, tobacco and pharmaceuticals companies play both ends of the middle when opposing cannabis law reforms for the simple reason that all of these industries will lose a portion of their market share to legal cannabis.
4) Private corporations that prosper from Cannabis Prohibition –
Numerous private companies donate significant funding annually to anti-cannabis politicians and organizations to maintain the status quo. Examples of such are private prisons, drug testing companies, rehabilitation services, communication companies, contraband detection devices, interdiction services and high-tech companies.
Reformers can hasten the end of Cannabis Prohibition
-Bipartisan support to end Cannabis Prohibition is a political given. However, since the 1990s every single major cannabis law reform initiative that has been successful has been funded by one of two liberal, politically divisive billionaires (George Soros and Peter Lewis). Reformers need to achieve greater political and funding diversity to significantly advance cannabis law reforms in today’s highly divided national political landscape.
-Recognize that most all of the major policy reforms are first achieved at the local and state level, in time putting due political pressure on the federal government to follow suit.
-Cannabis law reformers need to better work in concert with other like-minded political and social organizations that also oppose failed government programs or seek redress for grievances against the government.
-Reformers need to create a far more simpler reform narrative that juxtaposes ‘pot tolerant’ citizens against ‘intolerant’ citizens in the same manner that Alcohol Prohibition pit ‘wets’ against ‘drys’.
-Reformers need to continue demonstrating the tremendous cost to taxpayers of maintaining Cannabis Prohibition; the loss of needed tax revenue and the genuine lack of social controls that enhance public safety.
-Reformers need to keep directing public and media attention to the serious de-stabilization of the country’s borders created by the tremendous illegal succor of Cannabis Prohibition in countries like Mexico.
-Continuing what cannabis law reformers have been successfully achieving for forty years, which is to say winning a ‘hearts and minds’ campaign in the population, and recognizing that elected policymakers in Washington are not going to be able to lead the country out of it’s long-suffering Cannabis Prohibition without public advocacy that is derived from effective, politically diverse and bottoms up grassroots stakeholdership.
The NORML Board of Directors officially endorsed a cannabis legalization initiative at the recently concluded Annual Meeting that has qualified for the November ballot in the state of Washington.
For the next nine months national NORML and its dozen in-state chapters will provide logistical, strategic, communications and fundraising support for Initiative 502, whose co-petitioner is NORML Advisory Board member and best-selling author/TV host Rick Steves.
NORML’s staff envisages two more marijuana-related reform initiatives likely qualifying for this year’s fall ballot:
*Citizens in Colorado will likely have the opportunity to vote for a binding voter initiative that will legalize cannabis for responsible adult use, cultivation and sales.
*Citizens in Massachusetts too will likely get to send a strong reform message to the federal government this fall when they vote in a binding voter initiative that will legalize the use of cannabis for qualified patients for medical use and allow regulated retail sales.
Also, cannabis law reform advocates in numerous states are trying to join the states listed above in qualifying reform-minded initiatives on their state ballots too. Those states are:
*Michigan (Legalization initiative)
*Missouri (Legalization initiative)
*Montana (Legalization initiative)
*Nebraska (Legalization initiative)
It should be abundantly clear by now to federal legislators and the executive branch that while they unwisely continue to support a failed public policy like Cannabis Prohibition–when over 50% of the public now support long overdue cannabis law reforms–citizens (and an increasing number of elected policymakers) at the state level will continue to steadily increase political pressure on the federal government to capitulate on Cannabis Prohibition and embrace demonstrably more free market and Constitutional-friendly alternative public policies that actually benefit citizens and governments, and in turn, public health and safety too.
This upcoming election season will once again confirm that this political trend in cannabis law reform is long-standing, sustainable and poised for multiple political victories at the state level in the short years to come.
At the recently concluded Annual Meeting and in conjunction with ‘National Medical Marijuana Week‘, the NORML Board of Directors condemned recent and unjustifiable federal law enforcement efforts against medical cannabis providers in America.
The Board continues to endorse the reform of cannabis laws nationally, as well as the progressive medical initiatives inaugurated and carried out in California and other states.
We remain thoroughly supportive of cannabis freedom fighters and the medical cannabis community and its citizens, whose cause is just.
Since its founding in 1970, NORML has continued to support, and has never abandoned, the righteous efforts of freedom fighters, responsible consumers, and the medical cannabis community.
We have supported decriminalization measures, medicinal users, patients’ rights, student alliances, and a wealth of progressive reformers who all share the ultimate common goal of an end to Cannabis Prohibition.
We will never back down in these efforts.
January 2012 marks the beginning of a new legislative session in all 50 states. Already, marijuana law reform legislation is pending (or has been pre-filed) in nearly a dozen states. To keep up to date with what’s pending, and how you can support marijuana-friendly reform measures in your state, please visit NORML’s ‘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.
** 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!
ARIZONA: Legislation has been reintroduced to defelonize marijuana possession penalties in Arizona. House Bill 2044 amends state law so that the adult possession of up to one ounce of marijuana is reduced from a potential felony (punishable by 1.5 years in prison and a $150,000 fine) to a “petty offense” punishable by no more than a $500 fine. You can contact your state House member in support of this measure here.
CALIFORNIA: State lawmakers have until January 27 to act on a pair of 2011 marijuana reform measures. Assembly Bill 1017 would reduce penalties for marijuana cultivation from a mandatory felony to a “wobbler” or optional misdemeanor. Senate Bill 129 makes it unlawful “for an employer to discriminate against” persons who are authorized under state law to use medical cannabis. You can learn more about these important measures by visiting the California NORML website here. You can read my testimony in favor of SB 129 here.
INDIANA: For the first time in recent memory, legislation has been introduced to ‘decriminalize’ marijuana possession penalties in Indiana. Senate Bill 347 amends state law so that the adult possession of up to three ounces of marijuana is reduced from a potential felony (punishable by up to three years in prison and a $10,000 fine) to a noncriminal infraction. Senate Bill 347 also amends Indiana’s traffic safety code to halt the prosecution of motorists who test positive for the presence of inactive marijuana metabolites in their urine (so-called zero tolerance per se legislation) but who do not otherwise manifest any other evidence of behavioral impairment. Indianans are strongly encouraged to contact their state Senators in support of SB 347 via NORML’s ‘Take Action Center’ here.
NEW JERSEY: A coalition of lawmakers have pre-filed legislation for introduction in the 2012 session to significantly reduce penalties for those who possess personal use quantities of marijuana. Assembly Bill 1465 removes criminal penalties for the possession of 15 grams or less of marijuana (presently punishable by up to six-months in prison and a $1,000 fine) and replaces them with civil penalties punishable by no more than a $150 fine. Additional information is available from NORML NJ here or via NORML’s ‘Take Action Center’ here.
VIRGINIA: Legislation seeking to establish a joint study committee to investigate the fiscal impact of regulating the production and sale of marijuana to adults 21 and over is before the Virginia House of Delegates. To learn more about House Joint Resolution 140, please visit Virginia NORML or consider contacting your state officials here.
To be in contact with your state officials regarding these measures and other pending legislation, please visit NORML’s ‘Take Action Center’ here.
In recent months, the federal Justice Department has engaged in concerted efforts to crack down on the proliferation of medical cannabis related activities in states that allow for its therapeutic use under state law, including California, Montana, and Washington.
Now, according to a CBS News report, the next state on the federal government’s ‘hit list’ is Colorado — arguably the state with the most comprehensive and stringent statewide regulations governing medical cannabis activities. These regulations explicitly license state-authorized cannabis dispensaries, of which there are now some 700 operating statewide.
Nonetheless, the imprimatur of the state apparently carries little if any weight with the Obama administration at this time — despite promises (reiterated before Congress just last week by US Attorney General Eric Holder) that such prosecutions are “not a (federal) priority” and that the Justice Department only intends to target those entities who “use marijuana in a way that’s not consistent with the state statute.”
Predictably, today’s CBS special report tells a different story.
Crackdown On Colorado’s Medical Pot Business On The Horizon
via CBS News Denver
Federal authorities are planning to crack down on the medical marijuana business in Colorado on a large scale for the first time.
Warning letters will be going out to dispensaries and grow facilities near schools, CBS4 investigator Rick Sallinger has learned. So far it’s not clear how soon that will happen.
Dispensaries that receive the letters will be given 45 days to shut down or move operations. If they don’t comply, they will be shut down by the U.S. attorney in Colorado.
The dispensaries who are set to be targeted are the ones that are located within 1,000 feet of schools. That measurement is being used because that distance already appears in federal law as a factor in drug crime sentencing.
The move comes after the Justice Department sent out a memo clarifying that marijuana has been and remains illegal under federal law despite what has taken place with state regulations. Colorado is one of 16 states where medical marijuana laws have been approved.
Many of the state’s dispensaries that are closer than 1,000 feet to a school have already been approved to be there under local laws. They usually have been grandfathered in.
… Robert Corry, an attorney who represents dispensaries, said medical marijuana operations are now strictly regulated under Colorado state laws.
“The federal apparatus here has better things to do,” said Corry. “My reaction would be the federal government is essentially declaring war on the voters of our state (who) passed a Constitutional amendment.”
U.S. attorneys in California recently announced in a separate medical marijuana crackdown that they would be targeting landlords who rent retail space to dispensaries, as well as dispensary owners themselves.
Does anyone really believe that this is an appropriate use of scarce federal resources? Or that these actions are in any way consistent with Obama’s public pledge to cease utilizing “Justice Department resources to try and circumvent state laws on this issue?” I didn’t think so.
If the federal government is truly concerned about the diversion of
medical marijuana or its potential abuse in states that have authorized it then it would be better served to encourage — rather than to discourage — statewide and local efforts to regulate these actions accordingly. The Obama administration’s enforcement actions in California, Colorado, and elsewhere will only result in limiting adults’ regulated, safe access to cannabis therapy. It will also cost local jobs and needed tax revenue, and likely result in hundreds — if not thousands — of unnecessary criminal prosecutions.
Legislating medical marijuana operations and prosecuting those who act in a manner that is inconsistent with state law and voters’ sentiment should be a responsibility left to the state and local officials, not the federal government. It is time for this administration to fulfill the assurances it gave to the medical cannabis community and to respect the decisions of voters and lawmakers in states that recognize its therapeutic efficacy.