The poll, which questioned over 11,000 law enforcement officers regarding their opinions on drug policy, revealed that just over 64% believed our marijuana laws needed to be relaxed in some form. When asked “Do you believe possession of marijuana for personal use should…” and presented with several options, 35.68% of respondents stated that marijuana be legalized, regulated and taxed, 10.84% chose that it should be be legalized for medical reasons and with a doctor’s prescription only, 14.24% said it should continue to be illegal but only punished via fines (no incarceration), and 3.68% said marijuana should simply be decriminalized. Only 34.7% believed marijuana should continue to be illegal with the criminal penalties that are currently in place.
“This poll reveals that support for marijuana prohibition is eroding even amongst those who are serving on the front lines enforcing it,” stated NORML Communications Director Erik Altieri, “When a majority of the American people and most of those tasked with implementing a law disagree with it in principle, it is time to change that law.”
You can view the full results of this survey here.
“Prohibition cannot be enforced for the simple reason that the majority of the American people do not want it enforced and are resisting its enforcement. That being so, the orderly thing to do under our form of government is to abolish a law that cannot be enforced, a law which the people of the country do not want enforced.” – New York Mayor Fiorello La Guardia on alcohol prohibition.
NORML filed an “amicus curiae” brief with the Massachusetts Supreme Court on Tuesday, February 18, urging the court to place more limits on police questioning and searches for possession of small amounts marijuana. Attorneys Steven S. Epstein, of Georgetown, and Marvin Cable, of Northampton, authored the brief.
In Western Massachusetts, a judge ruled that based on the odor of raw marijuana an officer could question the defendant about the presence of marijuana and seize a bag of marijuana at the direction of defendant in response to those questions. She reasoned, “a strong odor of marijuana to the officers training and experience triggered a suspicion that there was more than one ounce present.” That suspicion justified asking the Defendant about it and police entering his car to retrieve the marijuana he told them was there.
She further ruled that once police retrieved that bag they lacked the authority to search for more marijuana. She reasoned that a belief the bag was “probably” a criminal amount alone and combined with an officer’s characterization of the odor as “strong” amounted to nothing more than a “hunch.” She ordered the “other bags and the statements subsequently made by the defendant” could not be used at trial. The state appealed.
In its friend of the court brief, NORML reminds the Court of the precarious constitutionality of marijuana prohibition. It then proceeds to ask the Court to rule that: a police officer may not question a person about possible marijuana in his possession or control based only on the officer’s perception of odor, a civil violation in Massachusetts; and, that absent objectively reasonable evidence derived from weighing a bag suspected of containing over an ounce police may not detain, arrest or search a person or their possessions.
NORML argues the citizens of Massachusetts by voting to decriminalize an ounce or less of marijuana do not want police bothering people with anything more than a ticket when there are no articulated facts that a suspected possession of marijuana is criminal in nature. One of the intents of the decriminalization law was to free police to pursue more pressing issues than marijuana possession.
Oral argument in the case of Commonwealth v. Overmyer is scheduled for March 3, with a decision possible before the summer of 2014.
Voters in the District of Columbia approved Initiative 59, to legalize the medicinal use of marijuana, with 69% in favor in 1998. The effort was immediately put on hold after the US Congress passed the Barr Amendment, which prohibited Washington from using any of its funds for implementing its medical marijuana program. A decade later, in 2009, Congress finally overturned the amendment and the city could begin to implement the medical marijuana initiative in earnest. About four more years after that, the first sale of cannabis to a licensed medical patient occurred in the District of Columbia this week.
On Monday evening, the first medical patient in the city was able to walking into Capital City Care, a dispensary located on North Capitol Street, and purchase their medicine.
“After a couple of years of hard work, it’s exciting to open our doors and serve the patients our facility is really for,” Scott Morgan, communications director for Capital City Care, said to The Washington Post, “This is a moment we’ve all been looking forward to for a long time.”
Capital City Care is the first of three dispensaries expected to be open and operational in the near future, but despite this landmark moment, there is still work to be done before the system is fully functional and serving the needs of Washington’s patients in a sufficient manner.
Currently only 8 patients have received their approved medical marijuana cards and only about 20 doctors have received the required paperwork from the city to join the program.
Last month, Congressman Jared Polis (D-CO) introduced legislation, House Resolution 499, which would effectively end the federal prohibition on marijuana and allow states to set their own policies.
House Resolution 499: The Ending Marijuana Prohibition Act of 2013, would remove marijuana from the Controlled Substances Act, transfer the Drug Enforcement Administration’s authority to regulate marijuana to a newly renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms, require commercial marijuana producers to purchase a permit, and ensure that federal law distinguishes between individuals who grow marijuana for personal use and those involved in commercial sale and distribution.
You can read the full text of this measure here.
Congress needs to hear from you, please take a minute and click here to quickly and easily write your Representative and urge him or her to support the Ending Federal Marijuana Prohibition Act of 2013!
Representative Diane Russell (D-Portland) will formally introduce legislation that would make Maine the third state to legalize and regulate the possession and sale of marijuana to people over the age of 21 at a press conference being held at noon today.
If you live in Maine, please take a moment to write your representative today and urge them to co-sponsor this important legislation. You can do so, quickly and easily, by using NORML’s Take Action Center here.