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decriminalization

  • by Paul Armentano, NORML Deputy Director August 21, 2012

    Voters in Grand Rapids, Michigan will decide this November on a municipal measure to depenalize marijuana possession offenses to a non-criminal, fine-only offense.

    The City Commissioner’s office has approved the measure, Proposal 2, which seeks to allow local law enforcement the discretion to ticket first-time marijuana offenders with a civil citation, punishable by a $25 fine and no criminal record.

    The city of Ann Arbor enacted a similar municipal ordinance in the early 1970s. That ordinance remains in effect today.

    Proponents of the Grand Rapids initiative collected over 10,000 signatures from registered Grand Rapids voters to place the proposal on the November ballot.

    Voters in Detroit will also decide on a municipal measure this November to remove marijuana possession penalties for those age 21 or older.

    Under state law, possessing cannabis is a criminal misdemeanor offense, punishable by up to one year in jail and a $2,000 fine.

    Information regarding 2012 statewide marijuana-specific ballot initiatives is available at NORML’s ‘Smoke the Vote’ webpage here.

  • by Erik Altieri, NORML Communications Director August 3, 2012

    Residents of Springfield, Missouri will likely be voting on a marijuana decriminalization measure this fall. Initiative proponents, Show-Me Cannabis Regulation, submitted their final round of signatures to the city clerk in the past week and received word yesterday that they have met the required threshold of signatures for qualification. On Thursday afternoon, the Springfield City Clerk confirmed the petition has officially qualified with at least 2,132 certified signatures.

    The petition now moves to the City Council, which has the opportunity to enact the measure into law as written or place it before voters in Springfield this November. The initiative aims to lower the penalty for possession of 35 grams or less of marijuana, currently a misdemeanor punishable by arrest, to a ticket with a maximum fine of $150.

    NORML will keep you updated as this initiative progresses. For information on other Election 2012 reform efforts, check out NORML’s voter guide, Smoke the Vote.

    View the campaign’s website here.
    Read more media coverage here.

  • by Allen St. Pierre, NORML Executive Director August 2, 2012

    Infamously, America’s federally created Cannabis Prohibition marks its seventy-fifth anniversary this August 2, 2012. The so-called ‘great failed social experiment’ of Alcohol Prohibition of the 1920s barely lasted a dozen years in effect. Rightly, it took a constitutional amendment to both ban and restore alcohol products to the free market. Is there a similar constitutional amendment for cannabis products in 1937?

    No, of course not.

    And that is where the sophistry, hypocrisy and duplicity begin regarding America’s modern cannabis policy of vilifying, arresting, prosecuting and incarcerating cannabis consumers, cultivators and marketers.

    Even though virtually every other country’s farmers have the choice whether or not to cultivate industrial hemp, even in countries where cannabis policy is decidedly worse than America’s, can American farmers prosper from cultivating this environmentally-friendly and productive crop?

    No, of course not.

    Do Americans support this failed, expensive and unconstitutional public policy of criminalizing cannabis?

    No, of course not.

    It can be readily stated, based on public opinion surveys and focus groups, that three quarters of Americans strongly support cannabis’ soft reforms: medical access and decriminalization of small amounts for personal use. And now, according to Gallup polling, fifty percent of Americans now want cannabis legally controlled in a manner similar to far more dangerous, problematic, addictive and readily available commercial products such as alcohol, tobacco and pharmaceuticals.

    Most every governmental commission convened has recommended that at minimum cannabis be decriminalized for adult possession; the federal government can proffer no data or statistics indicating that their war against cannabis consumers has had any success whatsoever; America’s national security and borders are made less—not more—secure because of Cannabis Prohibition.

    In response to the federal failure, currently seventeen states and the District of Columbia have chosen to abandon the federal government’s scientifically absurd and inhumane prohibition on sick, dying and sense-threatened patients who’ve permission from their physician to have cannabis in their therapeutic arsenal for relief, safety, affordability and efficacy.

    Additionally, fourteen states and numerous large municipalities have rejected the federal government’s blanket prohibition on cannabis and decriminalized possession.

    This election cycle, the voting public will once again have the opportunity to put serious political and economic upward pressure on a totally recalcitrant U.S. Congress and Executive Branch to end the national prohibition on cannabis when no less than five states have either binding legalization or medicalization voter ballot initiatives.

    Regrettably, regardless of the political party in control or whomever president, will Congress even hold lowly sub-committee hearings to finally start the process of reforming the federal government’s out-of-touch cannabis policies?

    No, of course not.

    Can Cannabis Prohibition continue to prevail in a free market oriented democracy like America, where approximately one out of eight citizens are considered ‘criminals’ by their own government?

    This supposed ‘criminal’ activity is nothing more than consumers making the completely logical and rational consumer decision to use an ancient herb that the DEA’s own chief law judge ruled is “In strict medical terms marijuana is far safer than many foods we commonly consume…Marijuana in its natural form is one of the safest therapeutically active substances known to man.”

    No, of course not.

    Can this terribly wasteful, destructive, distracting, unsuccessful, constitution-warping status quo regarding Cannabis Prohibition fester much longer in America?

    No, of course not.

    This is made all the more difficult for American politicians to continuously embrace ‘Reefer Madness’ as more and more countries around the world—notably in Europe, Central and South America—are expressing severe frustration with America’s failed Cannabis Prohibition policies and law enforcement priorities. Currently, as many as eight countries in the Americas have pending legislation or litigation seeking to legalize cannabis in defiance of the United States.

    Lastly, after all these decades of government oppression, bogus science, racist law enforcement and some industries making fortunes off of Cannabis Prohibition (think: private prisons, drug testing companies, contraband detection companies, etc…), can the cannabis plant legalize itself?

    No, of course not.

    Please help end Cannabis Prohibition in America (and therein around most of the world too). Please help legalize the remarkable, utilitarian, affordable and safe cannabis plant. Please do not vote for any politicians who want to continue with another seventy-five years of Cannabis Prohibition. Please join and donate to any cannabis law reform organization.  Please get involved in your own liberation.

    Can we succeed if we all work together in concert to end Cannabis Prohibition in our lifetimes?

    Yes, of course.

  • by Paul Armentano, NORML Deputy Director June 27, 2012

    The American public is fed up with the criminalization of cannabis. And now, more and more politicians are finally starting to get the message.

    This afternoon, members of the Chicago City Council voted overwhelmingly to halt the practice of arresting minor marijuana offenders. By a vote of 43 to 3, members of the Council approved a new municipal ordinance that reduces most marijuana possession offenses to a ticket-like offense — no arrest, no jail, and no criminal record.

    Under present law, the possession of any amount of marijuana is defined as a criminal misdemeanor offense, punishable by 30 days to one year imprisonment. Under the new municipal law, which takes effect August 4, police will in most cases now have the option of issuing civil citations, punishable by a fine, in those instances involving the possession of up to 15 grams (about one-half ounce) of marijuana.

    The reduced penalties will not apply to cases involving the possession of marijuana in public parks or on school grounds, nor would they apply to incidences involving public cannabis smoking.

    Chicago Mayor Rahm Emanuel — a former opponent of reducing marijuana penalties — advocated in favor of the new measure, which mimics police policy in many surrounding suburbs. In 2010, the city of Philadelphia enacted a similar policy.

    Advocates for the new law had argued that the present criminal enforcement of marijuana possession laws disproportionately targeted African American and Hispanic youth. According to data compiled and posted by the website marijuana-arrests.com, 95 percent of all defendants arrested on marijuana charges in Chicago are either Black or Hispanic. Of those individuals criminally convicted of low-level marijuana possession offenses, 98 percent are either Black or Hispanic.

  • by Erik Altieri, NORML Communications Director June 25, 2012

    The New Jersey General Assembly this evening voted 44-30 in favor of Assembly Bill 1465, which removes criminal penalties for the possession of approximately one-half ounce of marijuana. Members of the state Assembly Judiciary Committee had previously approved the measure by a unanimous vote.

    Presently, the possession of this amount of marijuana carries a penalty of up to a $1000 fine and six months in jail. A conviction also results in a criminal record that cannot be expunged for at least five years, the loss of driving privileges, and other penalties.

    The measure now awaits action from the state Senate. If you reside in New Jersey, you can click here to contact your state Senator and urge them to support this important legislation.

    If the bill obtains Senate approval it will still face a major hurdle, as Governor Chris Christie publicly stated he intends to veto the bill should it reach his desk. (An override of the Governor’s veto would require 54 ‘yes’ votes in the Assembly and 27 ‘yes’ votes in the Senate.) It is unfortunate that the Republican Governor and former federal prosecutor refuses to listen to the will of the voters, as a November 2011 Eagleton poll found that 58 percent of New Jersey residents believe that penalties regarding the use of marijuana should be decreased and 55 percent of them believe that marijuana possession penalties ought to be be eliminated entirely.

    Just days earlier, Rhode Island Gov. Lincoln Chafee enacted a similar marijuana decriminalization measure into law, amending pot possession penalties from a criminal misdemeanor (punishable by one year in jail and a $500 maximum fine) to a non-arrestable civil offense — punishable by a $150 fine, no jail time, and no criminal record.

    Eight states – California, Colorado, Connecticut, Maine, Massachusetts, Nebraska, New York, and Oregon — similarly define the private, non-medical possession of marijuana by adults as a civil, non-criminal offense.

    Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense. Alaska imposes no criminal or civil penalty for the private possession of small amounts of marijuana.

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