A Marijuana Valentine To Jonathan Magbie: Patron Saint Of Unicorns

Or, how the Barr Amendment killed a paraplegic over a single lousy joint…

Happy Valentine’s Day, Jonathan—We have not forgotten you!

By George Rohrbacher, NORML Board of Directors, medical marijuana patient

I love my own children beyond all measure. They range from 33-to-26 years old, three sons and a daughter who’ve returned to me a lifetime of love and four grandkids, with three more on the way. It is from this perspective that I first heard of the death of Jonathan Magbie and continue to think about him today.

In October of 2004, I arrived in Washington DC for a NORML Board of Directors meeting, having just flown in from the west coast. It was late Friday afternoon. In NORML’s office, Allen St. Pierre, our Executive Director, slid the second section of that day’s Washington Post across the desk to me. There, above the fold, was a news story that made me sick to my stomach.

The article was about the death of Jonathan Magbie, a 28-year old black wheelchair-bound paraplegic, a first offender who died while serving a ten-day jail sentence for the possession of one single lousy joint! The year was 2004, it happened right in our nation’s capitol, Washington DC. At the epicenter of the “Land of the Free”, the cops and courts had put a paralyzed man in jail for pot! He died of respiratory collapse on day-four of his ten-day sentence in the custody of our government.

Judge Retchin’s sentence, ‘ten-days-in-the-hole’ was a cruel response to Jonathan’s honest and forthright answers that he used marijuana to help ease his pain and that he intended to use marijuana again, after he was released. After all, the people of Washington DC had voted overwhelmingly for medical marijuana in 1998—it passed with a 69% yes vote! But then, the marijuana prohibitionists in Congress constructed the Barr Amendment, a federal appropriations rider that blocked the implementation of the will of Washington DC’s voters: So, District of Columbia, if you want your operating money from the federal government, to hell with the voters’ say on medical marijuana.

A victim of alcohol, one of America’s lethal but legal drugs, Jonathan Magbie was struck and paralyzed for life by a drunk driver. Shown here with President Ronald Regan, Jonathan Magbie was a national poster boy for MADD, at the age of 8.

Before Judge Retchin was a young man who had been in a wheelchair for 24-years, ever since, as a four-year old child, Jonathan had been hit, with tragic irony, by a drunk driver and paralyzed for life. For two and a half decades, Jonathan was imprisoned inside his own body, a punishment so cruel that no judge’s sentence could ever come close to matching it—until the application of Washington DC “justice”. (more…)

Marijuana Arrests Reported In Phelps’ Bong Case

Arrests reported — but not confirmed — in Michael Phelps bong case

According to The Los Angeles Times:

A television station in Columbia, S.C., is reporting that local law enforcement officials have made eight arrests in connection with a house party where Olympian Michael Phelps’ photo may have been taken with a marijuana bong in his hands. Seven of the arrests were for drug possession and the eighth was for drug distribution, according to the WIS-TV (Channel 10) report.

WIS reporter Jack Kuenzie also reported that the bong’s owner had offered the device for sale on EBay for as much as $100,000. Kuenzie said that the Sheriff’s Department now has the device. (more…)

The Marijuana Case Against Michael Phelps

Why it is more hype than substance…

By Norm Kent, Esq., Member, NORML Board of Directors

Richland County Sheriff Leon Lott and Company: ‘Michael Phelps, make our day!’

On this blog, I do not give legal advice. I express legal opinions. The legal opinion everyone is asking me about is can Michael Phelps actually be charged? After all, there is no proof there was anything in the pipe at all. There is no controlled substance to present to a court. There is not even a pipe that could lead to a paraphernalia charge. So how can they possibly prosecute him?

In my law office I have a steel Florida Marlin, stuffed by an ichthyologist, which I caught off the shores of Key West, in the waters of the Atlantic Ocean.

Under the fish, there is a plaque which reads, “Behold the bright, blue Marlin; this creature would not be here today had he not opened his big mouth yesterday.”

Michael Phelps should have come by and read it. His publicized admission that he toked from a bong at a frat party in a South Carolina dorm has stirred a whirlwind of controversy and put him in harm’s way.

The real bad news came from the sheriff in the jurisdiction where Michael allegedly toked up, with a pronouncement that he was going to investigate the case to see if he could prosecute young Mr. Phelps.

The sheriff’s public information teased the media: “The Richland County Sheriff’s Department is making an effort to determine if Mr. Phelps broke the law. If he did, he will be charged in the same manner as anyone else…”

Sheriff Leon Lott then commented to a local newspaper about the quality of his case. He stated that, “this one might be a lot easier since we have photographs of someone using drugs and a partial confession. It’s a relatively easy case once we can determine where the crime occurred.” Not so, Sheriff Lott. You are leaving out a lot. (more…)

Ten Reasons to Get High About Marijuana in 2009

By Norman Kent, Esq. , NORML Board Member

Okay, it is only February 1st, and more people this year have already died from peanut butter than pot.

Seriously, when you think about what has crossed the pages of our nation’s conscience in the past month, you have to wonder why we are all not getting high.

With thanks to Michael Phelps, I have ten good reasons to believe drug law reform will ‘take’ this year. Here is why.

Number One: The President
First of all, we elected a President who has admitted inhaling, and whose half brother just got arrested in Kenya for possession of marijuana. Growing up in urban Chicago, and having come from Hawaii, home of ‘Maui Waui,’ we have a man in the oval office that has an herbal background.

I am therefore not intimidated that, on his third day in office, while he was working on a nationwide economic stimulus package, some renegade prosecutors raided a medical dispensary in California. Those ugly efforts will cease soon enough. I am encouraged by President Obama’s prior public statements that such raids are counterproductive and provide illusory answers to real problems.

Number Two: The Medicine
Just as I was exploring the placement of my mom into an assisted living facility for early stage Alzheimer’s patients, I see a study released by Ohio State University this month. The research is indicating that marijuana has some potential capacity to reduce brain inflammation, which plays a role in Alzheimer’s. Mom, those brownies might taste differently next week.

While evidence showing the benefits of marijuana in multiple sclerosis cases has been advancing significantly, work in Alzheimer’s disease is still in its infancy. Still, another recent study performed at the Scripps Research Institute in California found that THC, the active ingredient in marijuana, inhibits the formation of a brain plaque that is a hallmark of Alzheimer’s disease.

Number Three: The Politics
If you light up a joint while walking down High Street in Medford, Massachusetts, not much is likely to happen to you. As of Jan. 2, Massachusetts became one of 12 states that have decriminalized marijuana possession to some extent. The new civil penalties for possession of less than 1 ounce include a $100 fine and forfeiture of one’s stash for those over 18 years of age. Minors will receive the same fine and be required to attend drug education classes.

In city after city, and state after state, once silent minorities are becoming vocal majorities and voting to enact legislation freeing marijuana from unjust law enforcement. When given the chance, we are winning the war against prohibition. Legislators in Michigan, Connecticut and even Florida are starting to re-introduce bills to lower penalties for pot. The whirlwind is commencing; just ask anyone in a dorm room within a wave of the White House after the inauguration.

Number Four: The Media
Marijuana has gone mainstream. Media outlets are no longer hiding in the shadows afraid to produce honest reports about the culture of marijuana. We are less likely to see commercials of pot smokers having their brains grilled in a frying pan. We are more likely to view legitimate programming which produces truths rather than trash about your stash.

One such report was featured on NBC news last week, a snippet of an hour long production on MSNBC entitled ‘Marijuana, Inc.’ Focusing more on economics then the sociology of pot, the well-supported report inescapably concluded that marijuana commerce is here to stay and unlikely to change. As even the NY Daily News said, “When it comes to marijuana, a whole lot of people voted some time ago to just say yes.” Ask the cast of the award winning Showtime series, ‘Weeds,’ which captures a growing American spirit.

Number Five: The Public
Even the Department of Health has said that 95 million Americans have over the age of 21 have tried marijuana at least once. Everyone except Bill Clinton has inhaled. The anti drug warriors have a hard time explaining to the average adult in the 21st century that millions of Americans are wrong when they light up every day.

It is normal to smoke pot. The vast amount of marijuana users today are parents choosing to calm down instead of liquor up, not just kids, looking to get high after class. Of course, they are too, adults treating arthritis, patients using it for multiple sclerosis, or people with HIV fighting a wasting syndrome. Pot smokers cross ethnic, sociological, and economic boundaries.

Number Six: The Celebrities
There is a lot of reason to hate the celebrity culture, paparazzi, and people who get their daily pulp from finding out where Brittany Spears went shopping. As more media types get busted with pot, the less newsworthy it becomes. The public could care less. An arrest for pot is not a career-ending event. As I finish this piece and send it off for distribution, I am watching Snoop Doggy Dogg being interviewed on ESPN for the NFL Countdown to the Super Bowl. It does not seem to have hurt him. And guess what Michael Phelps got caught doing this weekend? Toking off a bong!

Macauley Culkin, Bud Bundy, Willie Nelson, Art Garfunkel, and Al Gore’s son also make the High Subscription List. So do Allen Iverson, Matthew McConaughey, Whitney Houston, Oliver Stone, and even Queen Latifah. All have posted bail for pot. They are not doing too badly for themselves. Go visit Celebstoner for more prime examples of the intersection of celebrity and cannabis.

Number Seven: The Growers
In speaking out against rescheduling marijuana so as to remove it from its classification as dangerous, the most significant point that the Office of Drug Control Policy makes is that today’s weed ‘is not your grandfather’s pot.’

Exactly! It is not, but they miss the mark when they say today’s pot is ‘stronger.’

Today’s pot is also cleaner, safer, and healthier to consume. From vaporizers to hydroponic labs, the marijuana grown and consumed today is more precisely cultivated, carefully processed, and lovingly manicured then the mold-encased, dried-out weed we grew up on decades ago. That pot was often delivered to Americans from overseas after being buried in the dark, musky cargo hulls of ships for weeks at a time.

Now that Americans grow our own marijuana at home, we do not hear stories on a daily basis about people smoking rat poison or buying oregano. We have returned to the roots of our forefathers, lest we forget that George Washington, Thomas Jefferson, and James Madison all grew hemp. They did not turn out too bad, either. Today’s pot growers are the new revolutionary farmers.

Number Eight: The Police and Jails
Sadly, the criminal justice system in America is teeming with serious crimes and violence against Americans. A Department of Homeland Security must necessarily focus on threats from abroad. From drive-by shootings to corporate white collar crime, the jails in our country are simply not capable of housing all those who should arguably be locked up. So law enforcement has to prioritize. Building jails and keeping people in prisons costs more money than communities can afford. Pot smokers are the residual beneficiaries.

The necessities of twenty first century law enforcement have reduced pot to secondary priorities. More and more cities are encouraging cops to treat simple pot possession as a civil traffic infraction and just write a ticket. As those progressive initiatives take hold, pot prosecutions will diminish and pot users will be treated more fairly.

Number Nine: The Non Profits
The wealth of non profit organizations advocating drug law reform is growing exponentially. We are not just NORML anymore. Benefactors like Peter Lewis and George Soros have underwritten drug reform movements the way Hugh Hefner once helped NORML. The Marijuana Policy Project, Students for a Sensible Drug Policy, the Drug Policy Alliance, and Law Enforcement Against Prohibition are just a small sampling of honorable groups fighting to change the public perception in the way drug consumers are viewed and treated. If you enhance their efforts today, there is less of a chance that you will be bonding yourself or your child out of jail tomorrow.

Number Ten: The Internet
There is no better way to end this column then to point towards the awesome power of networking to generate partnerships for the common good. Overnight, hundreds of thousands of reformers can be linked for a specific goal, a targeted protest, or unified voice to speak out for or against a new law or proposed regulation.

The NORML blog and podcast draws hundreds of thousands of Americans daily who would otherwise never be reached but for the arm of the ‘Net. Stopthedrugwar.org, Marijuananews.com, and cannabisnews.com are amongst the target specific Internet resources drug law reformers can access instantly. There are too many more to mention.

Finally, the Internet has spawned awesome networking groups such as Facebook and MySpace, where activists, organizers, and reformers can synthesize their partnerships and causes. And there is always something new unfolding, like Twitter, which I have not figured out, but I know is catching on.

It’s Up to Us!

For too many years, pot smokers have been political prisoners, captive to repressive government and a rolling tide. 2009 represents a renewed opportunity to make the waters of justice run our way again.

*This was originally published at KentVent.com

You Be The Judge! NORML’s SuperBOWL Marijuana Law Reform Ad Contest

Sure, tens of millions of Americans will be hunkering down in front of their television sets with friends and family tomorrow to ostensibly watch the Super Bowl between the Pittsburgh Steelers and Arizona Cardinals, but as we all know the day of the Super Bowl is America’s showcase for the most expensive and often creative commercial television advertisements of the year.

That’s all fine and dandy, but how much cooler is NORML’s first ever SuperBOWL Pro-Marijuana Law Reform Ad Contest? Heh?! Forget the painfully boring and tedious eight hours of Pre-SuperBowl television programming…watch and share all of these great pro-marijuana law reform ads.

$10,000 in cash prizes and NORML swag is up for grabs for the most creative pro-marijuana law reform ad—and YOU and your friends are the judges to determine this year’s winners.

Starting in September, NORML launched our third annual ‘NORML Ad Contest’, and after culling through hundreds of submissions, NORML’s staff and members of the board of directors recently narrowed the field to the top #25 videos for consideration in our first-ever online poll that will determine the contest’s winners.

Get This Contest Dug on Digg!
Please, tell all your like-minded friends, family and co-workers about NORML’s Ad Contest and encourage them to 1) vote once for their top three choices and 2) join NORML!

Voting online for the winners will last one week and end at midnight (PST), Sunday, February 7, 2009.

There is a terrific variety of videos, artistic creativity and passion for marijuana law reform represented in these top #25 contest submissions, and I want to personally thank the hundreds of NORML supporters who submitted videos and flash animations into NORML’s ad contest for consideration.

Advice for watching and judging NORML Ad Contest Videos: Mindful that you can vote one time and only choose your top three picks for winners, my recommendations are to watch the videos a number of times this week—possibly in different states of consciousness—and then hone in on your top three video choices for NORML’s best pro-marijuana reform ads. Also, for maximum viewing pleasure, when watching YouTube-based videos, it is best that the video first load entirely before viewing is initiated.

Like last year’s winning ad, and because of the generous financial support of NORML’s members, this year’s winning ad(s) will air in selected, local television markets in the United States, including President Obama’s new neighborhood here at the end of 16th Street, in the northwest section of Washington, D.C.*

Thanks again to this year’s contestants for standing up for what is right and for the many online voters who’ll pick this year’s winning pro-marijuana ad contest video or flash animation.

*Subject to local cable providers accepting NORML’s advocacy ads