Topic of the day: Teaching senior citizens about the safety, utility, effectiveness, cost savings and politics of medical cannabis.

Featured speakers include Irvin Rosenfeld (one of the five federal medical cannabis patients who receive 300 pre-rolled ‘joints’ monthly from a special and closed-to-the-public medical cannabis research project) and former NORML board member and longtime cannabis medical researcher Mary Lynn Mathre, RN (from Patients Out of Time) and NORML Legal Committee member attorney Michael Minardi.

Update: June 19, 2011…Florida Governor Scott Backs Down, Suspends His Executive Order For A Massive State Drug Testing Scheme

On May 31, 2011, unpopular Florida Governor Rick Scott signed a bill that mandates all those seeking public assistance through the Temporary Assistance for Needy Families (commonly known as welfare) to pass a drug screen. Those that fail the test will not be eligible for benefits for one year. The law will become effective on July 1.

Furthermore, the law requires those seeking assistance to pay for the cost of the screening. The expense can be recovered if the applicant qualifies for benefits. If you fail the test though, tough luck: your money belongs to the state. Those who are denied may designate another person to receive the benefits on behalf of their children, but they must also pass a drug test.

In justifying his signature, Governor Scott stated that it is “unfair for Florida taxpayers to subsidize drug addiction.” So instead of supporting effective treatment and prevention, the law will implement a costly and ineffective means to try and deter drug use. Not to mention the law is most likely completely unconstitutional.

A Michigan law similar to this one was struck down in 2000 and affirmed in 2003 by the 6th Circuit. Michigan lawmakers had enacted a law allowing for suspicion-less searches of welfare recipients. A class action lawsuit was brought by applicants alleging that these drug tests violated the Fourth Amendment. The applicants won.

Although the Supreme Court has recognized certain situations in which a suspicion-less drug test is allowed (including testing railroad employees, customs agents whose line of work causes them to be directly involved with drug interdiction, and high school athletes and other students involved in extracurricular activities), the testing under the Florida law does not seem to further a special need of the government which outweighs the privacy interest of the individual. In order to demonstrate this special need, the state generally must show that public safety is in jeopardy. The Michigan government made the argument that drug use put children at the risk of abuse and neglect, but this argument was rejected by the district court. (It could be argued that the denial of benefits is more detrimental to public safety than not testing potential recipients). Testing welfare recipients for drug metabolites does nothing to further public safety, and therefore the government will most likely fail to meet the strict test set forth by the Supreme Court.

Those convicted of drug trafficking charges are already ineligible to receive welfare. Even if you can justify this by saying that they cause harm to communities, this new law places the focus on users. Legal challenges are expected and should come down in favor of the applicants, although with the Supreme Court’s recent Fourth Amendment jurisprudence, if the case were to rise that high there may be cause for concern.

*          *          *

Editor’s note: 1) Isn’t it interesting how elected politicians like Rick Scott (often with no legislative hearings at all) are so quick to want to control the living habits of poor citizens who receive state funding, but they never insist on drug testing requirements to issue state funding and grants to rich land developers, corporations, business executives, professional sports team owners or religious leaders–just the poor?

2) Looks like Governor Scott may have more than ideological reasons to push the state of Florida into using taxpayers’ money on massive drug testing programs for welfare recipients and state employees…as reported in the Palm Beach Post in March:

“Floridians deserve to know that those in public service, whose salaries are paid with taxpayer dollars, are part of a drug-free workplace,” Scott said in a statement. “Just as it is appropriate to screen those seeking taxpayer assistance, it is also appropriate to screen government employees.”

Until last week, Scott’s communications office in Tallahassee had ignored repeated requests for comment on the potential for a conflict of interest. On Friday, as national media began to call as well, the office issued this response:

Any perception that the governor’s business interests pose a conflict of interest with his health policies are “baseless and incorrect,” said Scott’s deputy communications director, Brian Hughes.

Privately, one Scott official acknowledged that every time the governor discusses health policy, his urgent care business would be “the elephant in the room.”

Shortly before he was inaugurated, Scott’s lawyers met with attorneys at the Florida Commission on Ethics. Subsequently, they moved his Solantic holdings into a revocable trust in his wife’s name, making her the controlling investor in the privately held company. No public records were created from the ethics meeting.

During the election campaign, he had estimated the worth of his Solantic holdings at $62 million. Jacksonville-based Solantic has 32 clinics statewide, including two in Palm Beach County, and plans rapid growth and an eventual initial public offering, according to company documents.

Suffolk University Law Professor Marc Rodwin, author of several books on conflicts of interest in medicine, said the movement of Scott’s ownership to his wife’s trust was insufficient to eliminate the ethical issues.

“He owned the company and transferred it into his wife’s name,” Rodwin said. “It’s a conflict of interest.”

Alternet.org’s editors recently asked me to compile a list of ‘the worst of the worst’ states to be busted for personal pot possession. Without further ado, here they are:

The 5 Worst States to Get Busted With Pot
via Alternet.org

[excerpt]

1. Oklahoma — Lawmakers in the Sooner State made headlines this spring when legislators voted 119 to 20 in favor of House Bill 1798, which enhances the state sentencing guidelines for hash manufacturing to a minimum of two years in jail and a maximum penalty of life in prison. (Mary Fallin, the state’s first-ever female governor, signed the measure into law in April; it takes effect on November 1, 2011.) But longtime Oklahoma observers were hardly surprised at lawmakers’ latest “life for pot” plan. After all, state law already allows judges to hand out life sentences for those convicted of cannabis cultivation or for the sale of a single dime-bag.

2. Texas — On an annual basis, no state arrests and criminally prosecutes more of its citizens for pot than does Texas. Marijuana arrests comprise over half of all annual arrests in the Lone Star State. It is easy to see why. In 2009, more than 97 percent of all Texas marijuana arrests — over 77,000 people — were for possession only. Those convicted face up to 180 days in jail and a $2,000 fine, even upon a first conviction.

3. Florida — According to a 2009 state-by-state analysis by researcher and former NORML Director Jon Gettman, no other state routinely punishes minor marijuana more severely than does the Sunshine State. Under Florida law, marijuana possession of 20 grams or less (about two-thirds of an ounce) is a criminal misdemeanor punishable by up to one-year imprisonment and a $1,000 fine. Marijuana possession over 20 grams, as well as the cultivation of even a single pot plant, are defined by law as felony offenses – punishable by up to five years in prison and a $5,000 fine. In recent years, state lawmakers have revisited the state’s marijuana penalties – in each case electing to enhance Florida’s already toughest-in-the-nation criminal punishments.

4. Louisiana — In Louisiana, multi-decade (or even life) sentences for repeat pot offenders are hardly a rare occurrence. Under Louisiana law, a second pot possession conviction is classified as a felony offense, punishable by up to five years in prison. Three-time offenders face up to 20 years in prison. According to a 2008 expose published in New Orleans City Business online, district attorneys are not hesitant to “target small-time marijuana users, sometimes caught with less than a gram of pot, and threaten them with lengthy prison sentences.”

5. Arizona — Forty years ago virtually every state in the nation defined marijuana possession as a felony offense. Today, only one state, Arizona, treats first-time pot possession in such an archaic and punitive manner. Under Arizona law, even minor marijuana possession offenses may be prosecuted as felony crimes, punishable by up to 18 months in jail and a $150,000 fine. According to Jon Gettman’s 2009 analysis only Florida consistently treats minor marijuana possession cases more severely.

For a comprehensive breakdown of state-by-state marijuana penalties, visit NORML’s online map here. To get active in changing the laws of your state, visit NORML’s ‘Take Action Center’ here, sign up for free NORML news and legislative alerts, get involved with your local NORML chapter (or start your own chapter here), and join national NORML.

Get active; get NORML!

To reform cannabis laws in America means reforming the laws in a politically important and diverse state like Florida.

However, when concerned citizens in Florida, like South Florida NORML’s Karen Goldstein, contact her elected officials like Governor Crist seeking parity with about one-third of the United States’ citizens who currently reside in states that have either decriminalized cannabis, or have ‘medicalized’ it, they instead receive disingenuous Reefer Madness-soaked replies from unelected, self-interested prohibition apologists.

To wit…

April 16, 2010

Dear Mrs. Goldstein:

Governor Crist received your email and forwarded it to me for a response.  I am the Director of the Florida Office of Drug Control.  First, thank you for expressing your opinion to our Governor.

It is important to understand that our federal and state drug control policies have one overarching goal: to reduce and, if possible, eliminate the use of illicit drugs like marijuana.  Establishing a taxed and regulated legal market for adult marijuana users would not advance the goal of our drug policies.  First, legal access to marijuana would likely result in steep usage rate increases.  Our experience with alcohol and tobacco has taught us that commercial interests weaken sensible regulatory efforts.

A legal marijuana industry would employ promotion, advertising, and lobbying to increase demand while maintaining prices well below their current black market levels.  Stimulating demand while lowering prices would undoubtedly lead to both increases in the number of Americans that use marijuana as well as the intensity with which they use it.

I am very concerned about the health and wellbeing of Florida citizens.  The deaths caused each year by alcohol and tobacco represent a major cost to society that is in no way offset by the tax revenue generated by the sales of these substances.  Furthermore, I do not believe that the adverse consequences of marijuana use (respiratory diseases, traffic fatalities, poor school performance, dependence, etc.) could ever offset the potential tax revenue it might generate.

Any policy change that results in an increase in marijuana use, particularly among youth, is unacceptable.  Cannabis use has acute effects on attention and memory, something that constitutes a particular problem for adolescents still in school and perhaps contemplating a collegiate future. Furthermore, marijuana use impairs judgment and motor skills, posing a serious risk of automobile accidents.  It is also estimated that about 10% of marijuana users eventually become dependent on it.  By enforcing policies that suppress the use of addictive drugs like marijuana, we are affirming our ultimate respect for freedom and liberty by ensuring that fewer Americans get trapped into a life of addiction.

Finally, please be aware that federal and Florida laws prohibit “medical marijuana” because an expert review of the evidence conducted by the Institute of Medicine concluded that “Smoked marijuana…is a crude THC delivery system that also delivers harmful substances…[and] cannot be expected to provide a precisely defined drug effect.  For those reasons there is little future in smoked marijuana as a medically approved medication.”  Safer and scientifically proven drugs exist for all of the medical conditions that marijuana is erroneously thought to treat.

Again, thank you for your correspondence to Governor Crist.

Sincerely,
Bruce D. Grant
Director
Florida Office of Drug Control

It is hard to know which is worse, ignorance or dishonesty? I can’t ascribe either specifically when it comes to the agitprop of Florida’s so-called drug czar Bruce Grant, but his anti-medical cannabis rant published recently in the Orlando Sentinel wins the distinction of being the first in an ingoing series entitled NORML’s Reefer Madness Du Jour, which serve as 1) peeks into and observations of those who still support the practice of arresting, prosecuting and incarcerating cannabis consumers; 2) trying to understand and expose the motivations of those who seek to deny sick, dying and sense-threatened medical patients who possess a physician’s recommendation to use cannabis; 3) shedding light on those who deny American farmers the ability to cultivate and prosper from the cultivation of industrial hemp, just like hemp farmers from Canada, France, China, Russia, etc…

It is no surprise to any casual observer of cannabis law reform that the politically-appointed position of ‘Director of Drug Control Policy’, largely a symbolic government job, in the current epoch of modern American politics, notably in red state-leaning Florida, will be against ‘drugs’ (interestingly, these so-called drug czars rarely rail against the three most deadly and addicting ‘drugs’: alcohol, tobacco and pharmaceuticals).

But what makes czar Grant’s full-throated rant against medical cannabis standout is the vacuousness in his effort to mislead the citizens of Florida.

OK…where to begin?

First, right out of the gate, the threat of medical cannabis being foisted onto the unknowing and easily manipulated citizens of Florida by crazed cannabis activists.

Second, medical cannabis is a mean-spirited ruse for legalization.

Threat #2…Grant implies cannabis places citizens into drug addiction centers and hospitals. Is this true? Doesn’t alcohol, pills and tobacco products put consumers in some jeopardy for the need of addiction or medical treatments. Maybe czar Grant has never visited an emergency room on Saturday nights after midnight…

Despite the fact that 14 states recognize cannabis as a medicine (where 90 million Americans reside), and arguably now so does the federal government under the Obama administration post a well-publicized DOJ memo this past October, and that there are thousands of supportive and affirming scientific studies published indicating cannabis’ safety and utility as a medicine, czar Grant (who is not a medical doctor, rather a career military and anti-drug officer) flatly declares: There is no such thing as medical cannabis. Period.

One wonders if Alice in Wonderland is czar Grant’s favorite book and inspiration for informed policy-making?

Czar Grant seeks a fig leaf to hide behind when claiming that the FDA has not approved medical cannabis. Has the FDA actually tested medical cannabis? No. Has the FDA been abused by anti-cannabis politicians to produce position papers against cannabis? Yes. Ironically released by the ONDCP and Bush 2.0 administration in conjunction with NORML’s 36th annual national conference.

In short, inhaling toxic chemicals and carcinogens from the burning of a crude weed is not recommended by any reputable medical authority.

These are possibilities for the future, but right now neither the AMA nor any competent medical authority in this country has yet endorsed marijuana as medicine.

Czar grant just outright lies when he asserts that no reputable medical organization supports patient access to whole-smoked cannabis when there are hundreds of reputable medical organizations that do, including the American Nurses Association, American Public Health Association, AIDS Action Council, American Academy of Family Physicians and The British Medical Association, etc…robbed of their historic, institutional opposition to cannabis, czar Grant even has to soft pedal the American Medical Association’s new direction on medical cannabis’ medical utility.

Czar Grant dangles the false promise (and proven marketplace loser) of 100% pure THC pills like Marinol being superior to natural cannabis.

A favorite prohibitionist canard to employ, as Grant does, is the one that asserts ‘in a world where deadly and addicting drugs like alcohol and tobacco are legal, me-oh-my, why would we want to legalize another drug like cannabis?’

The simple retorts are:

-The failure of cannabis prohibition for 73-years does nothing to actually control the use of the drug;

-Cannabis is already so popular it is not clear at all that taxing it will increase the use of it. In states that have medical cannabis laws and/or decriminalized cannabis there has been no discernible increase in the use of the herb by children or adults;

-Cannabis, despite it’s long illegality is a top five cash crop in America, the drug is readily purchased on most any street and children in government surveys acknowledge greater access to untaxed/unregulated cannabis than taxed and controlled drugs like alcohol and tobacco products.

Czar Grant then goes on to commit a damning blood libel by labeling all medical cannabis consumers in California as frauds. His proof: He cites a recent anti-medical cannabis white paper created by the California Chiefs Of Police Association, which was written and published for the purpose of propagandizing for anti-cannabis activists, law enforcement and opinion-makers in the media.

If one employed Grant’s prohibitionistic thinking, if a youth illegally purchased a bottle of beer or  prescription pills, then the government should ban alcohol and pharmaceuticals and criminalize the behavior.

The fact is that tens of millions of citizens–in states like CA, CO, OR, NM, WA–safely and responsibly use medical cannabis everyday with their physician’s recommendation with little-to-no-harm to the individual patient, their city, state and society.

Czar Grant may want to take note that states like NM, RI, ME and now NJ (and the District of Columbia) are issuing state licenses to medical cannabis cultivators and distributors, therefore it can be stated that cannabis is a safe medicine, that is why the states are allowing its use and sales.

If cannabis was the problem and health threat czar Grant claims, why would every single candidate from the Democratic party in the 2008 presidential election, including now President Obama, support lawful access to medical cannabis?

If cannabis truly were deadly and dangerous why would voters massively favor reform in the voting booth and state legislators pass and governors sign these measures into law? Because they favor their own deaths and illness? Do the politicians who support medical access to cannabis want to sow death, disease and drug addiction to their very own voting constituents?

How logical and based in reality is czar Grant’s mentality regarding cannabis?

Lastly….

We support medical progress and relieving pain in the sick and dying, but allowing medical marijuana would cost us all more than we can pay.

I don’t know who the ‘we‘ is in czar Grant’s absurd claim as a vast majority of Americans do in fact support medical access to cannabis. When given the opportunity to directly vote on the matter of medical access to cannabis, only once since 1992 have cannabis law reformers not prevailed at the ballot box (South Dakota, 2006, where reformers lost 51%-48%; prevailing in AK, WA, OR, CA, AZ, NV, CO, MT, MI and ME).

If Grant and other prohibitionist really care about the health and welfare of their fellow Floridians, they should do the two following things:

-Read NORML’s Emerging Clinical Applications for Cannabis and Cannabinoids – A Review of the Recent Scientific Literature, 2000 — 2009;

-Get into a car, head Ft. Lauderdale way and look up stockbroker and one of five federally-licensed medical cannabis patients in the United States Irvin Rosenfeld. Irv receives over 300 complimentary pre-rolled cannabis ‘joints’ every month grown at NIDA’s University of Mississippi cannabis farm, rolled en mass at a secret facility at the Research Triangle Institute in NC and escorted by US Marshals to a DEA-certified pharmacy. The man smokes about 10-12 large joints a day, is a successful stockbroker, sailboat racer, community volunteer and high taxpayer.

I guess in czar Grant’s world Mr. Rosenfeld should suffer in silence and not be an active, productive, fully-engaged-in-life medical patient who consumes cannabis prescribed by his physician.

Of course, anti-cannabis guest columns have been penned in the mainstream media by dozens of political appointees against any modicum of cannabis law reforms since the early 1990s.

How has that worked so far for them?

Does Grant believe the results will be any different in Florida regardless of his shallow and ill-informed cry of wolf?

Today I am going to come out of the closet as a Bi-Coastal pot consumer. I lead two lives; one on the East Coast and one on the West Coast.

In Fort Lauderdale, I own a townhouse where I have resided for over a quarter of a century. In this community, I am a lawyer and a spokesman for NORML, very active in drug law reform. But I cannot practice what I preach. That would be illegal.

In California, however, I found a small town near Berkeley, east of San Francisco Bay, where I may retire. It is Walnut Creek, a hamlet, I understand, that has more open public spaces than any other village in America. There, I may eventually choose to grow my own pot. I am allowed to do so.

In Fort Lauderdale, Florida, where I practice law, and get people out of trouble for growing pot, I have to defend people who do what I am entitled to do in California legally. You see, the rules are different here. Life can thus be a bit conflicted.

In early 2006, my Florida roommate, after learning he was HIV positive, decided to move back to his hometown of San Francisco. As a pot consumer, he realized he could now get a medicinal recommendation for marijuana and grow pot legally under California law. The Florida laws are not so kind or generous. Cultivation of any amount is a second degree felony.

We went to San Francisco together, to a community I have visited and loved since the early 1970’s, from my first spectacular drive up the Pacific Coast highway. We found and rented a small apartment in the Haight.

It has been thirteen years since California voters enacted Proposition 215, which allowed citizens to utilize marijuana for medical purposes if a person had a legitimate need. As a recovering cancer patient, I more than qualified for a medical marijuana recommendation.

I sought out a legitimate physician, not one running a medical marijuana mill. I came with a full set of medical records tracking my unenviable medical past, including recent spinal surgery. The doctor thoughtfully reviewed with me the medical risks associated with the use of cannabis. Not that I did not have a little experience. I mean, I am 60 years old this year. My friends’ kids go to Bonnaroo. I lived through Woodstock.

After the screening, my physician then appropriately certified me as an individual who could benefit from the medical use of cannabis. Just like that, I became patient number 380206011. I then proceeded to a medical dispensary, proudly armed with a State of California Medical Marijuana Identification Card.

As a California patient, I am empowered to acquire cannabis lawfully at medical dispensaries. Under the California Health and Safety Code, I am also entitled to grow up to six plants of my own in my little apartment on the bay. I do not have to hide them from the authorities.

I joined the Oakland Cannabis Buyers’ Cooperative, and was issued a Growers Certificate. It affirms that any herbs I cultivate at home would be grown for my personal medical use. I was now at liberty to grow my own medicine. It is still called pot in Florida. We call it medicine in California.

Today, therefore, the same medicine I can consume lawfully in California I have to prevent people from going to jail for in Florida. It makes no sense. Fourteen states and scores of communities across our country have either decriminalized or ‘medicalized’ marijuana. It is not good enough. Americans still face one very large federal stumbling block.

A state may pass its own laws, but so too may the federal government pass laws which preempt those state laws. In the case of marijuana, that is what Washington has done. Our federal government claims marijuana is not medicine. As such, it criminalizes all marijuana possession, use, or cultivation, regardless of what the states do.

At first, patients were lucky. In 2003, the US Ninth Circuit Court of Appeals ruled that the federal government had no right to arrest or prosecute medical marijuana patients- as long as what they possessed was for personal use. The United States Supreme Court reversed that ruling in 2005. Thus, as we sit here today, in 2009, federal law enforcement officials can prosecute medical marijuana patients, even if state authorities will not; even if they reside in a state where medical marijuana use is protected by state law.

Under our Constitution, the police power of the state is to be exercised by the state. California authorities are not disobeying federal laws by not enforcing them. They are not legally obligated to do so. Nor is Florida obligated to follow California laws. Just because you have a medical right to possess cannabis in California does not give you a legal right to grow or possess it in Florida. Though some clients of mine have tried, you can’t get stopped for smoking in Miami Beach and pull out a medical marijuana card from Santa Monica. It won’t fly. Tell it to your bondsman.

Welcome then to my conflicted life. I am permitted to grow my own medicine lawfully in my California apartment. If I were to do that in Florida, police could raid my house and the Florida Bar could seize my card. Instead of representing a grower, I would need a lawyer to represent me. Florida would not care that I am patient number 380206011 in California. What is wrong with that picture?

The cannabis I purchase in a dispensary in Berkeley I can carry in my car and consume in my living room. If I am flying back to Florida though, I cannot carry it with me. That would be a federal crime. But if I am relaxing at an airport bar in either San Francisco or Fort Lauderdale, I can order and consume Crown Royal and Coke. What I can’t get on both coasts is justice. That is far more elusive, and does not come in a bottle.

One national reform group has spent 40 years trying to stem the tide of repression and advance the rights of marijuana consumers. They say it is normal to smoke pot. Their name is NORML, the National Organization to Reform the Marijuana Laws. If there was ever a time to be part of their effort, it is now, as the new administration in Washington has said they are going to put an end to the drug war madness. They have said they will end the raids on medical dispensaries.

We need to see that deed and action follows words and promises.

We need to send a message to our legislators that the silent majority of Americans support vast and overriding changes to repressive drug laws which have incarcerated too many for too long. Join NORML in that effort.

We need to show that moral authority is on our side. Spread the word and you will spread the seed.

First published at http://kentvent.blogspot.com/

On July 1st of 2008, Florida enacted a new law which enhanced penalties for marijuana grow houses. Authorities heralded it as the ‘Marijuana Grow House Eradication Act.’ It is just another excuse to lock decent people up for longer times.

There are some provisions of the act which bring back the dark days of the draconian Rockefeller drug laws in New York, legislation which sent small marijuana growers to jail for thirty years. Some might first be getting out today.

Law enforcement argued that they needed the new law because of the increasing number of grow houses operating in the state and violent crime which tend to be associated with these operations. Sure they did.

“Grow houses are not only furthering this dangerous drug trade within our state, they are bringing violent crime into our neighborhoods,” said Attorney General McCollum. “This new law will help protect our families and communities.” No, it won’t.

There was no accompanying empirical or independent study or statistical backup to lend truth to the public statements of Mr. McCollum. Nor was there any journalist anywhere in the state that took him to task or asked for documentation to sustain his claims. They just regurgitated and repeated the pablum they were fed by law enforcement.

The new law makes it a second-degree felony to grow 25 or more plants, no matter how small or large those plants are. Baby seedlings or mature daddies, 25 plants can get you 15 years. It used to take 300 plants to reach that harsh a penalty. Put it in perspective. If you lived in California, and you were given a medical marijuana card, you would be allowed to grow up to six plants of your own. Thus, if the cast of Real World was growing its own medicine in San Francisco they could film some great episodes. If they were doing it in St. Pete, Florida, they could be doing those episodes for the next 25 years from the State Penitentiary.

The Florida law also changed to make it a first-degree felony to grow 25 or more plants in a home with children present. That penalty is now 30 years. Already, I am representing a 50 year old gentleman, who was a schoolteacher in Miami for 20 years; who retired because of a disability. He grew his own pot in an outdoor shed behind the garage, apart from his children, used it for himself, and knew nothing about the law. He is now facing the rest of his life in jail.

“Marijuana is the most commonly used illegal drug in America and we must take a stand against the for-profit growers who were previously exploiting higher thresholds,” said one of the bill’s sponsors. “By lowering the number of plants necessary for criminal charges, we’ve given Florida’s authorities valuable tools in the fight against these criminal operations,” he foolishly added. No, they have not given law enforcement any more tools. They have just given decent people longer sentences for essentially innocent conduct.

Many of the larger grow houses I have seen over the past 30 years as a criminal defense lawyer are truly marijuana cultivation operations designed solely for entrepreneurial reasons and major marketing. Exclusive homes in gated communities worth hundreds of thousands of dollars have been rented, sealed, and converted into home grown hydroponic laboratories.

When they are inadvertently discovered, law enforcement makes an entry only to find no one lives there, and the place was being used to solely grow pot which would be commercially marketed for a profit. If pot is going to be against the law, you can understand that type of operation being targeted. Greedy people violating the law go to jail.

The new law enhances penalties. The difference in changing the law is significant, because what the legislature has done is gone from targeting entrepreneurial operations to including individuals simply trying to cultivate their own medicine. The less you grow, the more you are likely to now face a greater penalty.

Two of the individuals I currently represent are domestic partners who purposely started a grow house in their backyard exclusively because, at the age of 45, they did not “want to go purchasing pot on the streets in their car during the dark of night.” My client said they thought this was the smart and safest way not to commit a crime, but to “tend to their own garden.” And the price they pay for a safer way to acquire pot is a speedier way to go to jail for a longer time.

Another individual I represent who was growing pot is an artist. He and his wife have two children. They are painters. They paint, they smoke, they raise their children. At six a.m. one morning last summer, agents from the Drug Enforcement Agency knocked on their door to say they were investigating grow houses.

Separating wife and husband, they argued they smelled pot and had a right to enter. They warned the couple that “if they did not cooperate,” they would have to take their children to the local family services agency, the typical bureaucratic disaster in this city that it is in your own. They reminded them that under the new law they could lose their children and face 30 years in prison. The couple had no guns, ran no gangs, and committed no violent acts. They grew some weed to fulfill a passion they had engaged for 20 years. These are the types of people these new laws target.
In this operation, the one law enforcement authorities bragged about as Operation D Day, sixteen agencies combined on one single day in Florida to bust 150 grow houses which would have netted purportedly $41 million worth of marijuana plants. I guess we will never know now. Overall, on that day, April 28, over 9,000 plants were seized and 135 arrests were made throughout the state.

A review of the county wide press releases said very little about finding any guns, weapons, AK-47s, or rifles. About ten guns were found in South Florida, and a bullet proof vest. If you were Noel Llorente, you might have needed one.

Mr. Llorente, you see, lives in Opa-Locka with his wife, Isabel. He was leaving for work when unmarked cars pulled up, DEA agents jumped out, yanked him out of his vehicle, threw him down with guns drawn, handcuffed him, and then stormed into his home searching for drugs, smashing in the front door along the way. Panicked, Isabel tried to call 911. Agents grabbed the phone from her. A few minutes later, agents realized they were in the wrong house. Whoops!

“Sorry, they told me, Sorry,” Noel Llorente said. Then the agents went on their way. “So it goes,” said the Little Prince, “so it goes.”

Marijuana is, of course, against the law in Florida. The agencies had a right to make the arrests, conduct the seizures, and raid the grow houses. They were doing their job enforcing the law. We cannot castigate them for doing their duty. We can condemn, censure and criticize the legislators who enhanced the penalties for the acts, instead of adjusting the laws to respond to the practical realities of marijuana use.

Authorities correctly point out there is an emerging trend that identifies an increasing number of indoor cannabis operations statewide. One law enforcement officer said that the number is growing exponentially, at a rate they will never catch up to. Well, does that also not say to those same agents of justice that people see their prosecution as an injustice? If so many are defying the law, should we not be reducing the penalties rather than enhancing them?

I understand that law enforcement correctly stated that many ‘Cuban nationals’ were arrested in this operation, intimating that it is all part of a foreign conspiracy.

I understand too, that each county sheriff talked about how some of these major grow houses have led to more serious crimes.

I understand also that if Floridians were allowed to grow their own plants in their own backyards without the threat of law enforcement breaking in their doors and taking away their children there would be no need for Cuban nationals or terrorism.

Finally, I understand how the terrible law terrifies the decent citizen and creates the very terrorism the government seeks to end. There is a very simple way to end the problems these law enforcement officers want to cease. Legalize the pot they criminalize. Medicalize it as over a dozen states have now done.

Thomas Jefferson once said that “That government which governs least governs best.” And like his friend, George Washington, not to shabby an American himself, Thomas Jefferson was a hemp farmer.

Maybe America today needs more cultivators and more grow houses, not less. Maybe like the patriots who threw tea off a British ship in a Boston harbor, the families who have grow houses in their backyards are today’s revolutionaries. Maybe tomorrow, history will prove them right.

Who knows, if I am right, maybe someday someone will make a TV show about it and call it ‘Weeds’. Then the show will win awards, people will laugh at it, and we will all look up and say how stupid these laws were. After all, families who grow together, grow together.

Norm Kent is a Fort Lauderdale criminal defense and constitutional rights attorney who can be reached at Norm@normkent.com. Norm also blogs publicly about legal issues at www.kentvent.blogspot.com

By Norm Kent, Esq., NORML Board Member*

“Look outside the window, there’s a woman being grabbed. They’ve dragged her to the bushes and now she’s being stabbed. Maybe we should call the cops and try to stop the pain. But Monopoly is so much fun, I’d hate to blow the game. And I’m sure it wouldn’t interest anybody.
Outside of a small circle of friends.”

–song by Phil Ochs

Duval Street is the epicenter of Key West, home to Sloppy Joe’s, Hemingway’s and a host of bars and hotels which have for a century captured the spark and soul of this land of the lost.

The Environmental Circus is gone, Valladares’ News Stand is history, and though La Te Da still stands, Larry Formica and his pink Cadillac have long since passed. Where a beat up wooden dock and a collage of cultures once gathered on historic Mallory Square, cruise ships now pour out thousands of tourists in flowered shirts onto the city’s main streets.

Fantasy Fest still wreaks havoc to the city every fall, but the Pirate image of this out of the way city has been lost for a long time now, to t shirt shops and condos; to name hotels and tourist traps. The heart of the city, Duval Street, has seen some of its landmarks become chain pharmacies, and cheap coffee shops like Shorty’s and Dennis Pharmacy have become convenience stores.

Walking down Duval Street in 2008 you are more likely to find a foreign exchange student from Slovakia peddling a bike for extra cash than you are to stumble upon a runaway teen from New York hustling a street corner for change. The times they are no longer changing. The times they have changed.

The temperature on October 17, 2008 in Key West was its typical and tropical 75 degrees. Ladies were sunning themselves bare-breasted at the Pier House’s private beach. Fishermen were working the pier, vacationers on mopeds criss-crossed the narrow streets, and more than one drunk stumbled down an alleyway. After all, it is still Key West.

But the heat on Duval Street was about to get hotter.

The shops on Duval Street opened their doors as usual, with no threats of a hurricane brewing. Merchants, if anything, were readying themselves for the annual, sin-filled festival of self-ordained decadence, Key West Fantasy Fest. On that date, many of them, head shops, were selling rolling papers, glass pipes, bongs, and other products designed to enhance the “right of happiness,” a constitutional right not too often protected by our courts.

The stores had signs all over them saying the products are for ‘legal and tobacco use only.’ But this distressed the new mayor, concerned that his little town was sending the wrong message: “You know that you don’t really smoke tobacco out of those things.” He sounded like Sarah Palin telling us how you could see Russia ‘from my house here in Alaska.’

The misguided mayor of this island city disapproved of the displays and set to do something about it. So he called the feds. You see, under broad Florida state laws, those pipes are legal. Not so under federal law. Understandably, this confuses the average citizen. Heck, it confuses lawyers too.

Title 21, Chapter 13 of federal law states: “Drug paraphernalia means any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance …”

Supported by the local district attorney, the Mayor found his answer. On this quiet morning in October, federal authorities from 16 different agencies, aided by local and state operatives, converged on Duval Street and the neighboring streets where head shops dispensed their products lawfully, or so they thought.

Store by store, law enforcement entered with badges and guns, uniforms and crates- that’s right, crates- to cart away and confiscate the inventory of these stores to the waiting Budget U Haul Rent-a-Truck conspicuously parked in the center of the street.

Systematically, the feds sucked up any items they deemed as contraband that they say could be used to violate Title 21. The items taken then were rolling papers, lighters, ash trays, bongs, catalogues, pipes, and anything they say could potentially be used to violate the law. There was no order or determination of probable cause by a jurist, no ruling by a court that the items were illegal, just law enforcement officers with cartons and guns.

Furthering their operation, these officers then seized all the financial records of the stores, including their receipts and credit card purchases. That means if you have visited Key West lately and you purchased one of those glass pipes, the Feds now know where you live too. Your credit card number is now sitting in a federal database as a drug paraphernalia consumer. No, there was no judicial hearing on that either.

As a matter of fact, no one was charged with a crime, but the feds carted off 11,920 items defined as drug paraphernalia under the federal law, with an estimated value of three quarters of one million dollars. Not a bad haul for one sleepy, sunny morning in Key West.

Since the raids, at least two stores have summarily closed their doors, their inventory entirely depleted. Said Abby Frew, the owner of a shop called Energy: “The financial loss was too great. Stay open? I don’t think so. They took all my stuff.”

“I wanted to clean up the city’s image,” said Mayor Morgan McPherson. “I did not like what I saw in the windows of all those stores.” He added that if the business people don’t like it, they “call their congressman.”

He cleaned it up all right. Aided by a complicit federal government following their own set of laws, he kicked the businesses out without due process of law. He disgraced its community, screwed its businessman, and advanced a disgusting partisan personal political agenda. In the old Key West, he would have been recalled and reviled. In the new Key West, he becomes a hero.

An enlightened mayor might have called the chamber of commerce or invited a community discussion to discuss alternatives. The mayor might have used code enforcement and local ordinances to mandate zoning changes. Instead, he called and asked the Feds to do what city cops were not allowed to do.

Moti Elfasi, an Israeli by birth, is one of those businessmen whose inventory was seized. Having lived in Key West for a decade, he loves the atmosphere and the community of the island. But his head is spinning over what happened to him.

Here is what he told local reporters: “I don’t understand America. They gave me a license in Key West. I paid my taxes. I obeyed the law. Florida said it was okay to sell the things. But now people from Immigrations and Customs Enforcement, and federal agents from the Drug Enforcement Administration come in and take everything away from me without even a notice to remove it first.”

It’s more than that, Moti. You detrimentally relied upon the representations of Key West city representatives that you could lawfully do what you were doing. Day by day, hour by hour, Key West city police patrolled your business, and no one told you that you could not do what you were doing. You have been operating openly and legally for years. You paid your taxes. You had an occupational license. You employed your neighbors. Now you got screwed.

Key West is not the first city to deal with this conflict between state and federal laws, nor will it be the last. California is of course the epicenter of this cosmos of confusion, with the feds neither recognizing medical dispensaries nor Prop 215. Just last week, our government pushed the envelope even further, raiding head shops in San Diego.

Across this country, over the past few years, other shops across this country have been systematically and surreptitiously raided, and their products also seized. Meanwhile, pipes and paraphernalia are now being marketed nationally, expanding rapidly in convenience stores from coast to coast. Find one repressive right wing mayor in the right town with the wrong agenda and you could conceivably become the target. Ask Tommy Chong. It’s still happening on a wider scale.

What happens to the products which are seized?

Agents quietly warn the businessmen to suck up the forfeiture and not challenge it in court. The advisory goes something like this: “Most likely we will just destroy this stuff as contraband, but if you attempt to challenge it, well there is no saying we won’t come back and arrest you.” Facing a not-so-veiled threat of criminal prosecution, the stores live with the bankruptcies, seizures, and loss of their products. The feds say they will “destroy the contraband.” More likely, some of them will use it at their bachelor parties.

These raids may deprive stores of their inventory, but our government abandons fundamental principles. Our citizens lose their rights. Lawyers are denied the opportunity to meaningfully contest the seizures. One more chink is carved into the heart of liberty.

If the past stays true to form, these unconscionable seizures will not make the national news. Politicians are too complacent, the drug law reform movement is too weak, and the massive pot smoking public is too disorganized, probably more concerned about getting high on those products designed for legal purposes only.

As for those merchants, outside of a small circle of their friends, no one cares.

*Orginally published December 28, 2008 at http://www.kentvent.blogspot.com/

UPDATE!!! UPDATE!!!

You can now watch Friday’s excellent 20/20 segment on Rachel Hoffman here. I also have an expanded essay on this tragic situation here.

Rachel Hoffman is dead.

Rachel Hoffman, like many young adults, occasionally smoked marijuana.

But Rachel Hoffman is not dead as a result of smoking marijuana; she is dead as a result of marijuana prohibition.

Under prohibition, Rachel faced up to five years in prison for possessing a small amount of marijuana.  

Under prohibition, the police in Rachel’s community viewed her as nothing more than a common “criminal,” and threatened her with years in jail unless she cooperated with them as an untrained, unsupervised confidential informant.

Under prohibition, the law enforcement officers responsible for placing Rachel in the very situation that resulted in her murder have failed to publicly express any remorse — because, after all, under prohibition Rachel Hoffman was no longer a human being deserving of such sympathies.

On Friday, ABC’s 20/20 shed a national spotlight on the tragedy surrounding Rachel Hoffman’s untimely death — and the tragedy that is marijuana prohibition. 

Are pot users criminals? The tragic case of Rachel Hoffman
via ABC News

After being caught twice with a “baggie” of marijuana, 23-year old Rachel Hoffman was reportedly told by police in Tallahassee, Florida that she would go to prison for four years unless she became an undercover informant.

The young woman, a recent graduate of Florida State University, was murdered during a botched sting operation two months ago.

… “The idea of waging a war on drugs is to protect people and here it seems like we’re putting people in harm’s way,” said Lance Block, a lawyer hired by Rachel’s parents.

The Florida Attorney General’s office says it is reviewing the procedures and protocol of the Tallahassee police.Rachel’s case also has raised new questions about state and federal laws related to marijuana possession.

“I’m calling her a criminal,” Tallahassee police chief Dennis Jones told 20/20, who maintains that both drug dealers and drug users are considered criminals to his department.

Under Florida law, possession of more than 20 grams of marijuana is a felony.

Rachel was also found in possession of two ecstasy pills, a felony under Florida law no matter the quantity because it “has a high potential for abuse and has no currently accepted medical use in treatment in the United States.”

The Tallahassee police chief says Rachel was suspected of selling drugs and she was rightly treated as a criminal.

California: A statewide sentencing reform measure, the Nonviolent Offender Rehabilitation Act (NORA), has qualified to appear on the November 2008 ballot. If enacted, the proposal would amend the penalty for marijuana possession from a misdemeanor to an infraction – similar to a traffic ticket. According to the Drug Policy Alliance, which is backing the measure, “This single change will protect some 40,000 people a year convicted of simple marijuana possession from the serious and life-long collateral consequences of a criminal record.” You can learn more about NORA by clicking here.

California: Via: California NORML — Senate Resolution SJR 20, which seeks to halt federal law enforcement from prosecuting state-sanctioned medical cannabis patients and dispensaries, is expected to be voted on by the full Senate imminently. Californians may contact their state Senator via NORML’s online advocacy system here.

New York: The state Assembly passed legislation this week, A 4867B, which seeks to allow qualified patients to grow and possess medical cannabis under a doctor’s supervision. The proposal is now before the Senate Rules Committee which, unfortunately, has only hours to act on the bill before the legislature adjourns for the year. For further information on how you can become involved in this effort, please click here.

Florida: Governor Charlie Crist signed legislation into law this week enhancing criminal penalties for marijuana cultivation. As enacted, House Bill 173 (The Marijuana Grow House Eradication Act), allows judges to sentence those who cultivate more than 25 plants in their home to up to 15 years in jail (or up to 30 years in jail if a child is present.) NORML podcaster Russ Belville examines the obvious futility and unintended consequences of this new law here.