The Hill: “Failed Marijuana Policies Are a Bi-Partisan Boondoggle”

Texas GOP drug warrior Rep. Lamar Smith (21st District) lashed out at the Obama administration yesterday on Fox News (Watch the video here.) — claiming that the President is ‘soft’ on pot and is refusing to enforce federal drug laws. But as I opine in today’s edition of The Hill.com’s Congress blog, Congressman Smith is fundamentally wrong on both counts.

Failed marijuana policies are a bi-partisan boondoggle
via The Hill

[excerpt: read the full text here]

Law enforcement officials prosecuted a near-record 858,408 persons for violating marijuana laws in 2009 – the first year of the Obama presidency. That total is the second highest annual number of pot prosecutions ever recorded in the United States.

According to the arrest data, made public last week by the Federal Bureau of Investigation, some 88 percent (758,593 Americans) of those charged with marijuana violations were prosecuted for possession only. The remaining 99,815 individuals were charged with “sale/manufacture,” a category that includes virtually all cultivation offenses.

Does any rational person really think that arresting and prosecuting nearly one million Americans annually for their use of a substance that is objectively safer than alcohol exemplifies a ‘soft’ – or better yet, sound – public policy?

Rep. Smith further claims that the administration has abdicated the enforcement of federal drug laws in the fourteen states that have legalized the physician-supervised use of marijuana since 1996. Not so. Despite promises from the U.S. Attorney General to respect the laws of these 14 states, the September 21 edition of DC’s Daily Caller reports that just the opposite is taking place.

In an article entitled, ‘DEA, DOJ stay mum on medical marijuana raids,’ reporter Mike Riggs states: “Despite campaign promises to the contrary, the Department of Justice under President Barack Obama and Attorney General Eric Holder hasn’t stopped raiding marijuana dispensaries operating in states where sale of the drug is legal for medical purposes. But the DOJ has demonstrated one marked change now that it’s under Democratic control: The department has stopped publicizing medical marijuana raids, both by requesting that more cases be sealed under court order and by refusing to distribute press releases.”

The story goes on to cite details of over a dozen recent federal raids of medical marijuana providers in California, Colorado, Michigan, and Nevada – all states that have approved the cultivation and possession of medical marijuana.

Of course, if the stricter enforcement of marijuana laws – as Rep. Lamar advocates – was really the solution to curbing Americans’ appetite for pot then how does one explain this? Since 1965, police have arrested over 21 million Americans for violating marijuana laws; yet according to the World Health Organization more Americans consume marijuana than do citizens of any other country in the world.

… Rather than scapegoating the new administration, which has done little to alter longstanding U.S. marijuana policy, Rep. Smith ought to reconsider the past 40 years of failed drug war policies. … It is time to replace failed marijuana prohibition with a system of legalization, sensible regulation, taxation, and education.“

The Hill’s ever-popular Congress blog ‘is where lawmakers come to blog.’ It’s also where legislators and other politicos come to gauge the pulse of the public. Given that this is a paper of record on Capitol Hill, why not send Rep. Smith and his colleagues a message that their anti-marijuana rhetoric is woefully out of touch with voter sentiment? You can make your voice heard by leaving your feedback here.

If you live in Texas (particularly if you live in the 21st District, which includes the cities of Austin, San Marcos, Kerrville, and San Antonio), you can also contact Rep. Smith directly here.

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.