[Editor’s note: Along with signing the below White House petition encouraging the president to grant clemency to these federal prisoners with life sentences for cannabis-only related offenses, please take a moment to do something even more important and write letters of support to the clemency petition to both the President (1600 Pennsylvania, NW, Washington, DC, 20500-0004) and the Office of Pardon Attorney (1425 New York Ave., NW, Suite 1100, Washington, DC 20530) asking for immediate commutation of these prisoners’ sentences.
Additionally, please mention each man by name: John Knock, Paul Free, William Dekle, Larry Duke and Charles Cundiff.]
Cannabis Prohibition is ending in America (and likely soon around the world too). It is not going to end without prolonged legal, political and regulatory battles. This is well known and anticipated by reformers.
Social justice movements take decades to build up credibility, social impetus and political saliency. There are, necessarily, many angles by which cannabis prohibition laws can be assaulted: legislation, binding voter initiatives and impact litigation.Recently, the law office of Michael Kennedy (the principle behind Trans High Corporation, publishers of High Times Magazine; lifetime member of NORML Legal member) filed an historic legal petition with the federal government seeking clemency for five elderly prisoners serving lifetime sentences for cannabis-only related crimes. In the many hundreds of debates and discussions I’ve had with law enforcement officials and elected policymakers about the need to replace cannabis prohibition laws with logical alternatives, I’m vexed to no end when they make the ridiculous claim: ‘no one gets arrested for marijuana anymore and certainly no one is incarcerated for the stuff!’
To wit, 1) there are over 750,000 annual cannabis arrests (90% for possession-only) that generate many tens of thousands of cannabis-only offenders sent to jail or prison, and 2) these five men are serving lifetime sentences, for a product that is no longer contraband in two states, decriminalized in fourteen states and eighteen states (and the District of Columbia) now have medical cannabis laws (with six states allowing commercial retail access to the herb with a physician’s recommendation).
This federal petition to release these men back to their loving families and to get off the tax roll is born out of the non-profit organization called Life For Pot (where the groups is tracking at least twenty prisoners serving life sentences for cannabis-only related offenses), the heart felt project of volunteer Beth Curtis.
Mr. Obama indicated to ABC News that ‘he has bigger fish to fry’ when asked about what if anything the feds are going to regarding Colorado and Washington voters recently approving cannabis legalization measures. Whether the president is going to expend any political capital at all in actually advancing cannabis law reforms in his last four years remains to be seen, but, the man should act post haste, giving a nod to the new legal era America has entered regarding cannabis prohibition, on this well researched and written petition by granting clemency to these former and now elderly pot cultivators and smugglers.
We can all help place greater public focus and attention on this federal petition by letting the White House know that President Obama should ‘do the right thing’ and pardon these lifetime prisoners for growing and supplying cannabis to a willing and wonting population of cannabis consumers while unpopular (and largely unenforceable) prohibition laws were still in place.
United States Representatives have introduced bipartisan legislation in Congress — House Bill 6606, The Respect States’ and Citizens’ Rights Act of 2012 — to amend the US Controlled Substances Act to provide that federal law shall not preempt state marijuana laws.
The measure is sponsored by Rep. Diana DeGette of Colorado, and is co-sponsored by Reps. Blumenauer (OR), Coffman (CO), Cohen (TN), Farr (CA), Frank (MA), Grijalva (AZ), Lee (CA), Paul (TX), and Polis (CO). It has been referred to Referred to the House Committee on the Judiciary.
“I am proud to join with colleagues from both sides of the aisle on the ‘Respect States’ and Citizens’ Rights Act’ to protect states’ rights and immediately resolve any conflict with the federal government,” said Rep. DeGette in a prepared statement. “In Colorado we’ve witnessed the aggressive policies of the federal government in their treatment of legal medicinal marijuana providers. My constituents have spoken and I don’t want the federal government denying money to Colorado or taking other punitive steps that would undermine the will of our citizens.”
Added Rep. Polis, “The people of Colorado and Washington voted in overwhelming numbers to regulate the sale of marijuana. Colorado officials and law enforcement are already working to implement the will of Colorado voters, and I look forward to continuing to work with my colleagues in Congress and officials in the administration to deliver clear guidance that ensures the will of the people is protected.”
House Bill 6606 states, “In the case of any State law that pertains to marihuana, no provision of this title shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of State law on the same subject matter, nor shall any provision of this title be construed as preempting any such State law.”
While it is unlikely that members of Congress will address this measure in the final days of the 112th session, it is anticipated that Representatives will reintroduce the measure in 2013.
Please visit NORML’s ‘Take Action’ page for updates on contacting your members of Congress regarding The Respect States’ and Citizens’ Rights Act of 2012.
CLICK HERE TO WRITE YOUR REPRESENTATIVE TODAY!
No matter the media medium, the tragic story of the federal government’s war against a beloved plant and the people who’re keen to it, can’t be told enough times, in enough ways.
This unique cartoon medium allows for audio embeds, some offensive language may be heard.
As more and more public, economic and political attention is being cast towards cannabis legalization during the failed policy’s 75th birthday week, these apparently are the years of sober public policy writing examining what an end to Cannabis Prohibition is possibly going to look like with tax lawyer Patrick Ogelsby’s cover article in State Tax Notes last year, Rand Corporation/Kleinman/Caulkins’ book ‘Marijuana Legalization: What Everyone Needs to Know — 2012’ and now a cover piece in the magazine we policy wonks live to read…Governing Magazine.
The Governing writer touches upon what I’ve come to recognize as obvious: rigid state medical cannabis programs like Colorado’s (as, for example, compared to California’s practically non-existent state regulations and laws regarding medical cannabis) as necessary precursor to state-sanctioned cannabis legalization for non-medical retail.
With publications and books like these being distributed widely among policymakers, elected officials, staff, media and NGOs…it is not possible that Cannabis Prohibition can survive in free market-oriented democracies like America for an additional seventy-five years!
Wanted to share the link to my medical marijuana feature, now it’s been posted online: http://www.governing.com/topics/public-justice-safety/gov-medical-marijuana-becoming-mainstream.html
As I think I mentioned to you, it was our August cover! (You can see it in the upper right-hand corner). Feel free to distribute it through your own channels, and I’d love to hear any feedback. Couldn’t have done it without all the background and additional help and contacts that you gave me. Thanks again. Sure we’ll have a chance to chat again soon.
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United Republic Investigative Report: Why Can’t You Smoke Pot? Because Lobbyists Are Getting Rich Off of the War on DrugsMarch 8, 2012
A relatively new webpage called Republic Reports (a project of United Republic with the sub moniker ‘Investigating How Money Corrupts Democracy‘) has turned much needed public attention to one of the five pillars of Pot Prohibition: The Law enforcement community’s role in perpetuating another possible 74 years of Cannabis Prohibition laws in America.
Local/state police, sheriffs, prosecutors and federal agents from the DEA claim, as they often do, that ‘they don’t make the laws, they only enforce them‘.
Is this really true? Not according to Republic Report.
By Lee FangJohn Lovell is a lobbyist who makes a lot of money from making sure you can’t smoke a joint. That’s his job. He’s a lobbyist for the police unions in Sacramento, and he is a driving force behind grabbing Federal dollars to shut down the California marijuana industry. I’ll get to the evidence on this important story in a bit, but first, some context.
At some point in the distant past, the war on drugs might have been popular. But not anymore — the polling is clear, but beyond that, the last three Presidents have used illegal drugs. So why do we still put hundreds of thousands of people in steel cages for pot-related offenses? Well, there are many reasons, but one of them is, of course, money in politics. Corruption. Whatever you want to call it, it’s why you can’t smoke a joint without committing a crime, though of course you can ingest any number of pills or drinks completely within the law.
Some of the groups who want to keep the drug illegal are police unions that want more members to pay more dues. One of the primary sources for cash for more policing activities are Federal grants for penalizing illegal drug use, which help pay for overtime, additional police officers, and equipment for the force. That’s what Lovell does, he gets those grants. He also fights against democratic mechanisms to legalize drugs.
In 2010, California considered Prop 19, a measure to legalize marijuana and tax it as alcohol. The proposition gained more votes than Meg Whitman, the former eBay executive and Republican gubernatorial nominee that year, but failed to pass. Opponents of the initiative ran ads, organized rallies, and spread conspiracy theories about billionaire George Soros to confuse voters.
Read the rest here.