The New York Times Debates Marijuana Law Reform — NORML Weighs In

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.

“If A Measured, Rational Debate Over America’s Extremist Drug Policies Can Take Place In Time Magazine, Then It Can Take Place Anywhere.”

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.

NORML’s Weekly Legislative Round Up

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.

NORML’s Weekly Legislative Round Up

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.

Massachusetts Law Enforcement: Sour Grapes and Sore Losers

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’. (more…)