Hempfest’s massive crowds last weekend spurred Sen. Jeanne Kohl-Wells and former state Rep. Toby Nixon to pen a bipartisan letter in the Seattle Times on the need for Washington State to join the other 13 states that have ‘decriminalized’ possession of cannabis–as well as the state’s largest population center, King County (Seattle), which effectively decriminalized possession by popular vote in 2003. Checkout this CNN iReport about this year’s Hempfest here (and kudos for the closing shot on the wrap).

Time for Washington state to decriminalize marijuana

By Jeanne Kohl-Welles and Toby Nixon
Special to The Times

Once again, the Seattle Hempfest drew tens of thousands to parks along the waterfront this weekend. In its mission statement, the all-volunteer organization that produces the event says, “The public is better served when citizens and public officials work cooperatively in order to successfully accomplish common goals.”

We agree. That is why we, as a Democratic state senator and former Republican state representative, support state Senate Bill 5615. This bill would reclassify adult possession of marijuana from a crime carrying a mandatory day in jail to a civil infraction imposing a $100 penalty payable by mail. The bill was voted out of committee with a bipartisan “do pass” recommendation and will be considered by legislators in 2010.

The bill makes a lot of sense, especially in this time of severely strapped budgets. Our state Office of Financial Management reported annual savings of $16 million and $1 million in new revenue if SB 5615 passes. Of that $1 million, $590,000 would be earmarked for the Washington State Criminal Justice Treatment Account to increase support of our underfunded drug-treatment and drug-prevention services.

The idea of decriminalizing marijuana is far from new. In 1970, Congress created the National Commission on Marijuana and Drug Abuse. A bipartisan body with 13 members — nine appointed by President Nixon and four by Congress — the commission was tasked with conducting a yearlong, authoritative study of marijuana. When the commission issued its report, “Marijuana: A Signal of Misunderstanding,” in1972, it surprised many by recommending decriminalization:

Possession of marijuana in private for personal use would no longer be an offense; and distribution of small amounts of marijuana for no remuneration or insignificant remuneration not involving profit would no longer be an offense.

Twelve states took action and decriminalized marijuana in the 1970s. Nevada decriminalized in 2001, and Massachusetts did so in 2008. According to the U.S. Census Bureau, states where marijuana possession is decriminalized represent more than 35 percent of our nation’s population.

These states have not seen a corresponding increase in use. Nor have the 14 states that have adopted legal protections for patients whose doctors recommend the medical use of marijuana. Nor the several cities and counties that have adopted “lowest law enforcement priority” ordinances like Seattle’s Initiative 75, which made adult marijuana use the city’s lowest law enforcement priority in 2003.

On the flip side of the coin, escalating law enforcement against marijuana users has not achieved its intended goals. From 1991 to 2007, marijuana arrests nationwide tripled from 287,900 to a record 872,720, comprising 47 percent of all drug arrests combined. Of those, 89 percent were for possession only. Nevertheless, according to a study released earlier this year by two University of Washington faculty members:

• The price of marijuana has dropped;

• Its average potency has increased;

• It has become more readily available; and

• Use rates have often increased during times of escalating enforcement.

We now have decades of proof that treating marijuana use as a crime is a failed strategy. It continues to damage the credibility of our public health officials and compromise our public safety. At a fundamental level, it has eroded our respect for the law and what it means to be charged with a criminal offense: 40 percent of Americans have tried marijuana at some point in their lives. It cannot be that 40 percent of Americans truly are criminals.

We hope that the citizens of this state will work with us to help pass SB 5615, the right step for Washington to take toward a more effective, less costly and fairer approach to marijuana use.

State Sen. Jeanne Kohl-Welles, Seattle, left, chairs the Senate Labor, Commerce & Consumer Protection Committee. Toby Nixon was state representative for the 45th legislative district, 2002-2006, and served as vice-chair of the House Republican Caucus and ranking member of the House Committee on State Government Operations and Accountability.

According to today’s New York Times the Mexican government has “legalized” drug possession. Really? Perhaps someone at the NYT ought to inform Mexican President Felipe Calderon.

First of all, let’s explore the various connotations evoked by the word “legal.” After all, without proper context this term can mean many different things to many different people.

Oranges are legal. So are alcohol and tobacco. Aspirin is legal, as are thousands of prescription medications — including highly dangerous drugs like oxycodone. Yet while all of these products are ‘legal’ — in the sense that they may be lawfully produced and purchased by certain consumers — their distribution and possession are governed by vastly different regulatory controls.

Oranges, for instance, are widely available to all consumers, regardless of age. People can even grow their own, if they so desire. Aspirin is also readily available to the general public as an ‘over-the-counter’ medication, whereas prescription drugs may only be purchased at a state-governed pharmacy by those who possess written authorization from a licensed physician.

The sale and possession of alcohol and tobacco are also legal, yet both substances are heavily taxed and tightly controlled. State-imposed age restrictions place limits on who can legally purchase and use both products, and federal laws also specify how and where these products may be advertised. Federal, state, and county laws also impose strict controls regarding where these products can be legally purchased. Adults may legally produce certain types of alcohol, like beer and wine, privately in their home — if their production is intended for their own personal consumption and not for sale to the public. By contrast, federal and state laws tightly regulate the commercial production of any type of alcohol.

So then, when the NYT’s headline asserts that drug possession in Mexico is “legal,” do they mean that marijuana is now legal like oranges are legal? Or like alcohol? Or like prescription drugs?

Unfortunately, the answer is ‘none of the above.’ In fact, no definition of ‘legal’ that I’m aware of resembles Mexico’s new drug possession scheme. The Associated Press explains:

The new law [Editor's note: NORML initially reported on Mexico's impending legal change this past May.] sets out maximum “personal use” amounts for drugs, also including LSD and methamphetamine. People detained with those quantities no longer face criminal prosecution.

… The maximum amount of marijuana for “personal use” under the new law is 5 grams — the equivalent of about four joints. The limit is a half gram for cocaine, the equivalent of about 4 “lines.” For other drugs, the limits are 50 milligrams of heroin, 40 milligrams for methamphetamine and 0.015 milligrams for LSD.

Anyone caught with drug amounts under the new personal-use limit will be encouraged to seek treatment, and for those caught a third time treatment is mandatory.

… “This is not legalization, this is regulating the issue and giving citizens greater legal certainty,” said Bernardo Espino del Castillo of the attorney general’s office.

So let’s review, shall we? Under Mexico’s new law:

* The private production of cannabis will remain a criminal offense;

* The commercial production of cannabis will remain criminal offense (and this production will continue to be monopolized by criminal enterprises/drug cartels);

* The commercial distribution of cannabis to consumers will remain a criminal offense (and this distribution will continue to be monopolized by criminal enterprises/drug cartels);

* The private possession of cannabis in quantities greater than “four joints” will remain a criminal offense;

* The private possession of cannabis in quantities under “four joints” will no longer be a criminal offense, but the marijuana will continue to be classified as contraband (and therefore seized by police), and the user will be strongly urged to seek drug treatment (or coerced to do so if it is one’s third ‘offense.’)

Does any of this sound like “legalization” (or even “regulation,” to quote the Mexican attorney general’s office) to you? I didn’t think so. A small step in the right direction, perhaps — but legalization? Not a chance — no matter how you define it!

The remarks from our Director of the Office of National Drug Control Policy on the release of the UN 2009 World Drug Report, which endorsed drug decriminalization in a reversal of previous policy. Guess which 17-letter D-word never gets mentioned once in our “drug czar’s” 781-word statement?

Statement of R. Gil Kerlikowske
Director, National Drug Control Policy
Remarks at Release of the 2009 World Drug Report
June 24, 2009

It is a great pleasure for me to be here with UNODC Executive Director Antonio Costa for the release of the 2009 World Drug Report. I am also pleased that we can be joined today by Michele Leonhart, Acting Administrator of DEA, and William McGlynn, Principal Deputy Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs (INL). Congratulations to Antonio and his team in Vienna for putting together this very comprehensive document. As the report shows, every nation is affected by the drug problem.

As we approach June 26th, International Day Against Drug Abuse and Illicit Drug Trafficking, it is a good time to reflect on what we can do better. In the United States, we are moving away from divisive “drug war” rhetoric and focusing on employing all the tools at our disposal to get help to those who need it. We recognize that addiction is a disease and are seeking public health solutions. My top priority is to intensify efforts to reduce the demand for drugs which fuels crime and violence around the world.

Full Story

June 18, 2009

Washington, DC: Massachusetts Democrat Barney Frank, along with co-sponsors Ron Paul (R-TX); Maurice Hinchey (D-NY); Dana Rohrabacher (R-CA); and Tammy Baldwin (D-WI), will reintroduce legislation today to limit the federal government’s authority to arrest and prosecute minor marijuana offenders.

The measure, entitled an “Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults,” would eliminate federal penalties for the personal possession of up to 100 grams (over three and one-half ounces) of cannabis and for the not-for-profit transfer of up to one ounce of pot – making the prosecutions of these offenses strictly a state matter.

Under federal law, defendants found guilty of possessing small amounts of cannabis for their own personal use face up to one year imprisonment and a $1,000 fine.

Passage of this act would provide state lawmakers the choice to maintain their current penalties for minor marijuana offenses or eliminate them completely. Lawmakers would also have the option to explore legal alternatives to tax and regulate the adult use and distribution of cannabis free from federal interference.

To date, thirteen states have enacted laws ‘decriminalizing’ the possession of marijuana by adults. Minor marijuana offenders face a citation and small fine in lieu of a criminal arrest or time in jail.

“The federal government has much more important business to attend to than targeting, arresting and prosecuting adults who use marijuana responsibly,” NORML Executive Director Allen St. Pierre said. “This is an issue that ought to be handled by the states, not the Feds.”

According to nationwide polls, three out of four voters believe that adults who possess marijuana should not face arrest or jail, and one out of two now say that cannabis should be regulated like alcohol.

The reintroduction of the Frank/Paul bill comes one week after the duo reintroduced HR 2835, The Medical Marijuana Patient Protection Act of 2009 – which seeks to halt federal interference in states that have enacted medical marijuana laws – and just days after Rep. Mark Kirk (R-IL) called for federal legislation to sentence certain first-time marijuana offenders to 25 years in prison.

“The US Congress has a definite choice,” said St. Pierre. “They can choose the path of compassion, fiscal responsibility, and common sense by supporting Barney Frank’s and Ron Paul’s efforts, or they can continue down America’s failed drug war path by endorsing Rep. Kirk’s draconian legislation. It is abundantly clear which direction the voters wish to go; will their elected officials follow?”

Additional information about the ‘Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults’ is available at NORML’s Take Action Center.

Today’s New York Times online features a round table discussion on the subject of marijuana law reform.

Two years ago we ran a quorum debating the pros and cons of decriminalizing marijuana. Since then, a largely theoretical debate has moved quite substantially toward the realm of reality, with a growing number of states and municipalities having changed their laws.

… So we asked a group of people — Paul Armentano, Mike Braun, Joel W. Hay, Jeffrey Miron, and Robert Platshorn — to think about a national decriminalization of marijuana … and answer the following: What would be some of the most powerful economic, social, and criminal-justice effects?

Here are their answers.

You can read all of the responses, including mine, and leave your feedback for the New York Times here.

Just weeks after Time’s Joe Klein declared “legalizing marijuana makes sense,” the magazine is once again extolling the virtues of liberalizing cannabis prohibition.

Writing in the Sunday edition of Time.com, author (and frequent media critic) Maia Szalavitz asks, “Drugs in Portugal: Did Decriminalization Work?”

Citing statistics from researcher (and frequent Salon.com blogger) Glenn Greenwald, Szalavitz reports that Portugal abolished all criminal penalties regarding the use and possession of cannabis (and other drugs) earlier this decade — opting instead to treat drug use strictly as a health problem. So what happened?

“Judging by every metric, decriminalization in Portugal has been a resounding success,” says Glenn Greenwald. … “It has enabled the Portuguese government to manage and control the drug problem far better than virtually every other Western country does.” (NORML Note: You can listen to audio comments from Greenwald on the NORML Daily Audio Stash here.)

Compared to the European Union and the U.S., Portugal’s drug use numbers are impressive. Following decriminalization, Portugal had the lowest rate of lifetime marijuana use in people over 15 in the E.U.: 10%. The most comparable figure in America is in people over 12: 39.8%. Proportionally, more Americans have used cocaine than Portuguese have used marijuana.

Writing on his own blog, Greenwald comments on the significance of his findings, as well as the fact that they are finally being recognized by the mainstream media.

Few political orthodoxies have more of a destructive impact than our approach to drug policy. Our harsh criminalization framework results in the imprisonment of hundreds of thousands of American citizens, breaks up families, burns tens of billions of dollars every year, erodes civil liberties, turns our police forces into para-military units, and spawns massive levels of violence and criminality — all while exacerbating the very harms it seeks to address. If a measured, rational debate over America’s extremist drug policies can take place in Time Magazine, then it can take place anywhere.“

Of course, to those who reflexively demand that we maintain pot prohibition, the very suggestion that eliminating (or softening) criminal penalties will not lead to an exponential explosion in use (much less be associated with a potential decline in drug use) is an anathema. Writing in the drug prevention and treatment newsletter Join Together, Jim Gogek offers the same tired allegations: facts be damned!

Legal marijuana would mean more access to marijuana. The number of marijuana users would spike, including teens. Problems related to marijuana use would spike. … Right now, there are 127 million alcohol users and 14 million marijuana users in this country – because one is legal and the other isn’t. But, most alcohol users don’t get intoxicated. … With marijuana, you get intoxicated every time you use it. That’s the whole point. … It severely hurts your ability to perform at school and work. It saps initiative and drive. It increases confusion. In other words, it makes you stupid. … Marijuana is the loser drug: That’s the big problem with it.

To their credit, the editors at Join Together have allowed me the opportunity to rebut Mr. Gogek’s claims, which I do here. Feel free to join the discussion.

Lots to report on this week, so let’s get right to it.

If you have not yet gotten active in your state, now is most definitely the time to start.

Here’s this week’s highlights of actions you can take right now to reform the laws in your state.

For a complete listing of statewide actions, please visit NORML’s Take Action Center here.

Decriminalizing Marijuana: In a historic vote, members of the Connecticut Joint Committee on Judiciary last week approved Senate Bill 349, which as amended, would mandate that the possession of up to one-half ounce of marijuana by those over 18 years of age is punishable by a ticket — not criminal charges. The bill now awaits action from he full Senate. Show your support for this effort by logging on here or by getting in touch with Connecticut NORML here.

In Texas, members of the House Committee on Criminal Jurisprudence will hear testimony on Wednesday in favor of House Bill 902 — an act to reduce the penalties for the possession of up to ounce of marijuana to fine-only offense. The hearing is scheduled for 2pm in room E-2028 in the State Capitol Building. If you live in Texas you can write your representative in support of HB 902 by going here. You can also leave a message for the Committee by going here. Full details on attending this week’s hearing are available from Texas NORML here.

Legalizing Medical Marijuana: Minnesota lawmakers continue to show their support for making medical cannabis legal. Senate File 97 is now before the Senate floor, and the House companion bill is also gaining momentum. If you reside in Minnesota and want to see it become the fourteenth state to legalize the physician-supervised use of cannabis, please visit here to contact your elected officials and the Governor’s office.

In Alabama, members of the House Judiciary Committee are scheduled to hear testimony this Wednesday in favor House Bill 434, The Michael Phillips Compassionate Care Act. If you live in Alabama you can contact your state officials here, and you can learn more about attending this week’s hearing from Alabamians for Compassionate Care here.

And since so many of you have asked: yes, medical marijuana legislation is coming to Pennsylvania. Over the past weeks, NORML state affiliates in Pennsylvania and New Jersey have been working closely with Pennsylvania Rep. Mark Cohen (D-Philadelphia) to draft legislation legalizing the authorized use of medical cannabis. Representative Cohen’s bill is anticipated to be formally introduced before the legislature later this month, and mainstream media outlets are already opining for its passage. For more information, or to become involved in this effort, please visit here, or contact the good folks at Philly NORML.

UPDATE: Montana GOP Kills Marijuana Law Reform: On March 23, members of the Montana House Judiciary Committee deadlocked 9 to 9 on House Bill 541, which sought to reclassify the possession of thirty grams or less of marijuana from a criminal misdemeanor to a civil infraction. Not one Republican voted in favor of the bill. An effort by supporters to raise the measure for reconsideration also failed.

Days later, members of the House Human Services Committee voted 8 to 8 on Friday, March 27, to table Senate Bill 326, which sought to expand Montana’s medical marijuana program. Once again, no Republicans endorsed the bill. A motion on the House floor to reconsider the bill failed 47 to 51.

More information on this disappointing news is available here. If you live in Montana, don’t just get angry — get involved!

To learn about additional pending legislation in California, Colorado, Hawaii, Illinois, Maine, Maryland, Massachusetts, Missouri, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, and Vermont, please visit NORML’s Legislative Action Alerts page here.

Below is this week’s summary of pending state legislation and tips on how you can become involved in changing the marijuana laws in your state.

Washington: A dozen lawmakers introduced legislation (HB 1177) this week to reclassifying (read: decriminalize) the possession of up to forty grams of marijuana to a class 2 civil infraction. Passage of this bill would reduce the penalties on minor marijuana possession offenses from a criminal misdemeanor punishable by up to 90 days in jail and a $500 fine to a monetary penalty of no more than $100. According to data provided by the Washington State Institute for Public Policy, enacting this policy would save state taxpayers over $7.5 million annually. Residents in Washington are strongly encouraged to contact their House members in support of HB 1177 via NORML’s online advocacy system.

Montana: There has been a flurry of legislative activity this week pertaining to the medical use of marijuana. First the good news. House Bill 73, an act to revise the state’s medical marijuana law, has been referred to the House Human Services Committee. If passed, this proposal would benefit Montana patients by expanding the pool of health care providers who may legally recommend marijuana therapy under state law to include physician assistants and nurse practitioners.

Now the bad news. Senate Bill 212, an act to impose a lifetime ban on qualified medical cannabis patients who commit certain driving indiscretions, has been referred to the Senate Judiciary Committee. If passed, this proposal would sanction patients found to be operating a motor vehicle with even trace levels of THC (above 1 ng/ml) in their blood by disqualifying them for life from the state’s medical marijuana program.

Both measures will be heard by legislators next week. It is important that lawmakers hear from you. If you live in Montana, you can show your support HB 73 by going here. You can voice your opposition to SB 212 by going here. For more information on attending next week’s hearings, please contact: info@mtmjpatients.org.

New Jersey: In the coming weeks, the Senate is expected to vote on Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act, which seeks to make New Jersey the fourteenth state to allow for the physician-supervised use of medicinal cannabis. Governor Jon Corzine backs the measure, as do many of the state’s largest newspapers. Residents in New Jersey are strongly encouraged to contact their senators in support of SB 119 via NORML’s online advocacy system.

Missouri: Ten lawmakers have introduced legislation (HB 277) to legalize the medical use of marijuana in Missouri. If passed, this measure would “give medical marijuana patients the same rights as other pharmaceutically medicated individuals.” You can learn more about the measure via NORML’s online advocacy system.

It brings me no joy to point out that some of the leaders of the law enforcement community in my home state of Massachusetts have apparently lost their minds in anticipation of a minor change in criminal law that will soon formalize the decriminalization of a small amount of cannabis. I say ‘formalize’ because for all intent and purposes cannabis was already largely ‘decriminalized’ in the Bay State. However, the laws and sanctions were applied nilly-willy, with no consistency town to town, cop to cop, and at great costs to the state’s taxpayers.

In the last few days, led in the media by the Massachusetts District Attorneys Association, Massachusetts media outlets–and now even National Public Radio–have picked up on the absurd arguments recently advanced by the losing side of the November statewide election to decriminalize cannabis that: employment drug testing is now in jeopardy, police will be able to use cannabis anytime they want and that if police confront a cannabis consumer seeking to write them a ticket for possessing and/or using cannabis and the individual refuses to produce an ID, police will have pot smoke blown in their face by sneering, goading cannabis users fearless of receiving a fine.

All are untrue.

How do I know? Duh. Look around people…almost 100 million Americans live in a state or municipality that have had decriminalized cannabis possession laws on the books for decades (From west to east: AK, OR, CA, NV, CO, NE, MS, OH, NC, NY and ME). Do these states unfortunately still have employee drug testing? Are police sanctioned in these states to consume cannabis without drug testing and fear of job loss? Do police seek and receive citizens’ IDs before writing them a citation for cannabis? Did these states contribute to the ever-increasing arrest rates for cannabis consumers?

You betcha!

Listen to the NPR story from yesterday, December 26, to get the flavor of the MDAA’s unfounded timidity.

Now, the way Massachusetts law enforcement is acting is not new for the profession that gets away with the whopper that ‘they don’t make the laws, they only enforce them’.

Full Story

Voters in Massachusetts will decide this November on Question 2, which seeks to replace criminal penalties for the possession of up to one ounce of marijuana with a civil fine of no more than $100. Polls show that nearly three-out-of-four voters back the measure.

Who opposes it?

That’s an easy one. Who else?

Officials unite to fight marijuana initiative
via The Boston Globe

Law enforcement officials statewide are uniting against a referendum question they fear will increase marijuana use among teenagers and generate more crime across the state.

The state’s 11 district attorneys are unanimously opposing Question 2 and are being joined by police chiefs and some community groups, fearing it will undo years of effort to reduce drug use among teenagers.

… “Nobody goes to jail today for simple possession of marijuana,” said Essex District Attorney Jonathan Blodgett, who is listed as the treasurer for the opponents, who are using the name Coalition for Safe Streets during the campaign.

Hmmm, where have I heard this before? Oh yeah.

The irony and the idiocy
via the NORML blog

Just days before the FBI released statistics indicating that police in 2007 arrested over 872,000 Americans — the most ever reported in law enforcement history — for violating pot laws, reigning Drug Czar (and pathological liar) John Walters alleged on C-Span, “We didn’t arrest 800,000 marijuana users. … That’s [a] lie.”

(Watch the video of Walters’ remarks here.)

The Czar’s nose grew another six inches when he uncorked this whopper: “The fact is today, people don’t go to jail for the possession of marijuana. Finding somebody in jail or prison for possession of marijuana is like finding a unicorn. It doesn’t exist.”

(The video can be seen here.)

Pardon me if I’m confused. On the one hand, you have law enforcement claiming that nobody goes to jail for pot possession. On the other hand, you have law enforcement actively opposing any and all efforts to reform America’s marijuana laws so that, in fact, nobody would actually go to jail for pot possession.

Question: Why do cops vehemently oppose measures that seek to comport the law in line with what they claim is already standard prosecutorial practice?

Is the answer:

a) The cops are full of it; people go to jail for violating marijuana laws all the time.

b) If cops stopped arresting minor pot offenders they wouldn’t know what else to do with their time.

or c) Most cops really believe marijuana consumers are “dirt bags” and “losers” who belong in jail.

Answer: Take your pick!