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  • by Keith Stroup, NORML Legal Counsel August 11, 2014

    6_8_NORMLK.StroupPortrait_zThe political and cultural victories for the marijuana legalization movement continue to accumulate as new developments lead us closer to the ultimate goal of full legalization. Just in the last couple of weeks, we’ve seen the powerful, unambiguous endorsement of full legalization by the most influential newspaper in America: The New York Times.

    That endorsement was followed by a series of six follow-up editorials explaining in more detail precisely why the Times decided to join the fight to end prohibition. Additionally, The Brookings Institution, a highly respected Washington, DC think tank, published a very favorable report card on the first six months of the legal sales of marijuana in Colorado.

    These were both significant events, because they involved respected institutions known for their careful and thorough analysis of important public policy issues. Neither has a history of backing a pro-pot agenda, so their support both elevates the issue and makes a strong argument for regulation.

     

    Go to Marijuana.com for the rest of this column.

     

  • by Keith Stroup, NORML Legal Counsel August 6, 2014

    Dear NORML members and supporters,

    Donate to NORMLIt is nearly impossible to detect the precise moment when support for a change in social policy reaches the "tipping point", but for the marijuana legalization movement, that time was likely July 26, 2014, when the editorial board of the New York Times published their editorial entitled Repeal Prohibition, Again.

    For those who may have missed it, here an excerpt; it is one of the strongest endorsements I have ever read.

    "The federal government should repeal the ban on marijuana." …

    "The social costs of the marijuana laws are vast. There were 658,000 arrests for marijuana possession in 2012, according to F.B.I. figures, compared with 256,000 for cocaine, heroin and their derivatives. Even worse, the result is racist, falling disproportionately on young black men, ruining their lives and creating new generations of career criminals."

    "There is honest debate among scientists about the health effects of marijuana, but we believe that the evidence is overwhelming that addiction and dependence are relatively minor problems, especially compared with alcohol and tobacco. Moderate use of marijuana does not appear to pose a risk for otherwise healthy adults. Claims that marijuana is a gateway to more dangerous drugs are as fanciful as the "Reefer Madness" images of murder, rape and suicide."…

    "Creating systems for regulating manufacture, sale and marketing will be complex. But those problems are solvable, and would have long been dealt with had we as a nation not clung to the decision to make marijuana production and use a federal crime."…

    "it is long past time to repeal this version of Prohibition."

    And that is only beginning. The Times editors, with whom NORML’s staff and board have been assisting for some time, are now publishing additional editorials, dealing with different aspects of marijuana legalization on a daily basis. The editors of America’s most influential newspaper have not just changed their position; they are now determined to lead the change from marijuana prohibition to legalization.

    Their new position on marijuana policy reflects a gradually evolving perspective, going back to 1966, when the paper warned readers that marijuana "for a considerable number of young people who try it, it is the first step down the fateful road to heroin."

    By 1969, they were calling for some "distinction between soft and hard drugs," and by 1972, with the release of the Marijuana Commission report, the Times acknowledged "the dangers inherent in smoking marijuana appear to be less than previously assumed," and called for the elimination of penalties for possession and use.

    But it was not until early 2014 that they heralded the opening of the first licensed marijuana shops in Colorado, noting that the experiences in Colorado and Washington "will serve as test cases for full-on legalization."

    And now they have taken the crucial, final step to endorse full legalization for all adults, the position NORML has advanced since 1970.

    New York Times

    • 1966 – "for a considerable number of young people who try it, it is the first step down the fateful road to heroin."
    • 1969 – "distinction between soft and hard drugs,"
    • 1972 – "the dangers inherent in smoking marijuana appear to be less than previously assumed,"
    • 2014 – "The federal government should repeal the ban on marijuana."

    So we trust you will understand if, to those of us at NORML, who have been fighting for full legalization for 44 years, we see this latest endorsement by the New York Times as the unofficial tipping-point for legalization.

    Sure, there remains a great deal of work to move legalization forward in the remaining 48 states. But with the favorable reviews coming out of Colorado and Washington, and with the national polling demonstrating that we currently enjoy the support of between 53% and 58% of the American public, we think it is fair to say we have turned the corner politically, and victory will be ours within just a few years.

    And that is why we are writing today, to ask that you please make a generous contribution to NORML so we can expand our lobbying activities, and media and educational outreach efforts so that we can continue to build on this momentum. Without question, we are finally winning this struggle, but nevertheless marijuana arrests continue unabated in most states today, and seriously ill patients still do not have access to medical marijuana in more than half of the states.

    Let us take a well-deserved moment to celebrate the enormous progress we have made, but then let’s get back to work to stop the senseless arrests of marijuana consumers. We must stop destroying the lives and careers of so many otherwise law-abiding citizens, simply because they prefer to use marijuana when they relax in the evening, just as tens of millions of Americans enjoy a beer or a glass of wine at the end of the day. And we need to put in place regulations for licensed marijuana growers and sellers, to bring the black market above ground.

    NORML was the first marijuana legalization lobby in America–with over 1.5 million supporters and members we’ve been the voice for marijuana consumers now for more than four decades.

    Please make a tax-deductible donation to NORML Foundation (for public education and mass communications) and/or a regular charitable donation to NORML (in support of our direct lobbying and other political activities).

    With your generous support, we can continue to lead the charge for full legalization, both state and federal, all across this country.

    Regards,

    Keith Stroup
    NORML Founder and Legal Counsel

  • by Mitch Earleywine July 29, 2014

    The New York Times has joined the majority of US citizens in the call for a more rational marijuana policy. The White House responded with an attempt to explain why a taxed and regulated market is no “silver bullet solution.” Alluding to The Lone Ranger probably wasn’t a great idea, but I think they mean that this isn’t a panacea for every problem related to cannabis.

    Of course, all our other legislation is perfect, so we shouldn’t change this policy until we have a solution with all advantages and no disadvantages.

    Our government says that this use of law enforcement and court time targets marijuana users because the plant alters brain development, impedes academic achievement, impairs driving, and creates addiction. The tacit assumption, that prohibition is going to prevent all of these problems, is tenable at best. (We’ve had police officers whip out the handcuffs over 18 million times since 1981. From 1995 until now, we’ve had at least one marijuana arrest per minute. The plant is more available than ever.) But let’s forget about how prohibition isn’t going to help and address the White House’s Furious Four Factors.

    The first two (brain development and academic achievement) fall under the “what about the children” category. When all else fails, it’s great to play the baby card. NORML has condemned juvenile consumption for decades now. Of course, the underground market is notoriously bad at carding purchasers. When was the last time a dealer asked for ID? Licensed distributors who could lose their livelihood for underage sales would be markedly more motivated to keep the plant from children. But let’s address the claims.

    Brain Development. Regular use early in life could alter brain development. But here’s the point no one is supposed to mention: we don’t really know for sure. It’s likely. It works in animals. But it’s not proven. The niftiest gizmos that take pictures of brains often can find differences between those who’ve used early and those who haven’t. But we don’t have a time machine. We don’t really know if these people had deviant brains before they ever saw the plant.

    Investigators who run these expensive studies also have a hell of a time publishing results unless they find some differences. Many would rather leave the data in a drawer than battle editors and reviewers in an attempt to publish a paper that says that marijuana has no impact. What has been found is not always consistent. It’s one brain area showing differences in one study and another in the next. Reports that find nothing, or that the non-users actually have deviant brains (e.g. Block, O’Leary, Ehrhardt, et al., 2000, who found bigger ventricles in non-users), never get mentioned. Big reviews try to tell a coherent story, but effects are small. Binge drinking is markedly worse. (See Lisdahl et al.). Cigarette smoking leads to detectable changes in brain structure, too. I’d joke that we should make alcohol and tobacco illegal following this logic, but I’m afraid some people will actually try to do so.

    Academic achievement. If the government genuinely cared about my academic achievement, I think I would have learned more in public school. But that’s another issue. We know that mastering new material immediately after using cannabis is extremely difficult. Going to class high is a dumb waste of time. It would certainly interfere with grades. But what’s the real issue here?

    Decades ago, researchers showed that college students who used the plant had better grades than their peers who didn’t (Gergen, Gergen, & Morse, 1972; Goode, 1971). It’s not that marijuana’s a study aid. Students who liked the plant might have taken classes they enjoyed and flourished as a result. Subsequent studies didn’t always confirm these results, and investigators lost interest.

    But high school kids who use the plant often bonk their exams. Most heavy users had earned lower grades prior to their marijuana consumption, suggesting cannabis could not have caused the poorer performance (Shedler & Block, 1990). Essentially, cannabis users with bad grades in high school also had low marks when they were in fourth grade. Cannabis might not lead to bad grades, but folks with bad grades often turn to cannabis. In addition, high school students who smoke cannabis heavily also tend to use alcohol and other illicit substances. Once these factors are taken into account, the link between cannabis and academic performance disappears. These results suggest that drugs other than marijuana might lower grades (Hall, Solowij, & Lennon, 1994).

    In truth, if the government wants to see better achievement in school, the best answer would require schools with funding. Perhaps we could attract more of the energetic, enthusiastic, well-trained teachers who inspire learning if we offered better salaries. Students might find school more engaging when teachers are delighted and facilities are excellent. Busting teens for possession seems too indirect a strategy for improving education.

    Driving. Paul Armentano has done such a superb job of summarizing the relevant data on this topic that I don’t want to belabor it.

    A few points are worth emphasizing. NORML has always opposed impaired driving. People who can’t pass appropriate roadside sobriety tests should not operate a motor vehicle. Note that passing a sobriety test has little to do with the content of anyone’s blood or urine.

    A recent meta-analytic review suggests that, at most, cannabis is no worse than antihistamines and probably on par with penicillin when it comes to culpability for accidents. If we’re going to make all drugs that impair driving illegal, we’re going to have a lot of runny noses and infections to handle.

    Research from The Netherlands shows that folks who use cannabis in the laboratory lose their willingness to drive (source). When the experimenter forced them, they go slower, avoid trying to pass other cars, and start putting on the breaks earlier when they have to stop. These compensatory steps probably explain why a couple of studies have found cannabis users less culpable than drug-free drivers. Surprise surprise! This work never got any press. (Drummer, 1994, Bates & Blakely, 1999).

    A study of over 300 drivers involved in fatal crashes in California focused on motorists who tested positive for cannabis but no other drug. Unexpectedly, they were half as likely to be responsible for accidents as those who were free of substances (Williams,,Peat, & Crouch, 1985). Another investigation of over 1,800 fatal crashes in the United States found that drivers who used only cannabis were only 70% as likely to have caused an accident as the drug-free group (Terhune, Ippolito, & Crouch, 1992). These are literally impossible to publish anymore, potentially suggesting the bias alluded to in the Elvik meta-analysis. So don’t drive high, but drive as if you were. Go slowly. Don’t try to pass. Leave room to stop.

    Addiction. The new DSM V definition of addiction qualifies me for a caffeine disorder, so I’m obviously biased. Better take what I say with a grain of salt. But be careful, salt allegedly has addictive properties, too.

    After five millennia and a series of moving definitions, researchers have finally identified something that they can call marijuana withdrawal and marijuana addiction. I’m guessing that prohibitionists really love this one. it conjures up images of sweaty heroin users snatching purses and plunging needles into infected arms. Have you met people who mug girl scouts to maintain their marijuana money? Neither have I. So what is marijuana addiction supposed to be? Among the most common symptoms are disturbed sleep and, I can barely say this with a straight face, loss of appetite. Anybody who uses every day and then gets irritated on a day without the plant could end up qualifying. If you tell anyone struggling with the opiates that these are the symptoms of your addiction, you’re likely to get a swift kick in the crotch. Expert opinions suggest that only the hallucinogens are less addictive than marijuana.

    The most negative thing a government can do to its citizens is punish them. If we want to use punishment, we need outstanding reasons. These four simply do not qualify.

    Citations:
    Block, R. I., O’Leary, D. S., Ehrhardt, J. C., Augustinack, J. C., Ghoneim, M. M., Arndt, S., et al. (2000). Effects of frequent marijuana use on brain tissue volume and composition. NeuroReport, 11, 491–496.

    Drummer, O. H. (1994). Drugs in drivers killed in Australian road traffic accidents. (Report no. 0594). Melbourne, Australia: Monash University, Victorian Institute of Forensic Pathology

    Gergen, M. K., Gergen, K. J., & Morse, S. J. (1972). Correlates of marijuana use among college students. Journal of Applied Social Psychology, 2, 1–16.

    Goode, E. (1971). Drug use and grades in college. Nature, 239, 225–227.
    Hall, W., Solowij, N., & Lennon, J. (1994). The health and psychological consequences of cannabis use. Canberra: Australian Government Publication Services.

    Shedler, J., & Block, J. (1990). Adolescent drug use and psychological health: A longitudinal inquiry. American Psychologist, 45, 612–630.

    Terhune, K. W., Ippolito, C. A., & Crouch, D. J. (1992). The incidence and role of drugs in fatally injured drivers (DOT HS Report No. 808 065). Washington DC: U.S. Department of Transportation, National Highway Traffic Safety Administration.

    Williams, A. F., Peat, M. A., & Crouch, D. J. (1985). Drugs in fatally injured young male drivers. Public Health Reports, 100, 19–25.

  • by Paul Armentano, NORML Deputy Director July 22, 2014

    Oregon voters will decide this November in favor of a statewide initiative to regulate the commercial production and retail sale of marijuana.

    State election officials today announced that petitioners, New Approach Oregon, had submitted enough valid signatures from registered voters to qualify the measure for the November ballot.

    The proposed ballot initiative (Initiative Petition 53) seeks to regulate the personal possession, commercial cultivation, and retail sale of cannabis to adults. Taxes on the commercial sale of cannabis under the plan are estimated to raise some $88 million in revenue in the first two years following the law’s implementation. Adults who engage in the non-commercial cultivation of limited amounts of cannabis for personal use (up to four marijuana plants and eight ounces of usable marijuana at a given time) will not be subject to taxation or commercial regulations.

    Passage of the initiative would not “amend or affect in any way the function, duties, and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act.”

    A statewide Survey USA poll released in June reported that 51 percent of Oregon adults support legalizing the personal use of marijuana. Forty-one percent of respondents, primarily Republicans and older voters, oppose the idea. The poll did not survey respondents as to whether they specifically supported the proposed 2014 initiative.

    Alaska voters will decide on a similar legalization initiative in November. Florida voters will also decide in November on a constitutional amendment to allow for the physician-authorized use of cannabis therapy.

  • by Keith Stroup, NORML Legal Counsel July 21, 2014

    Now that America has some form of legalization in 23 states and the District of Columbia, activists must reevaluate those state’s laws to refine the details of their legalization systems. There are three distinct areas in which cannabis laws need clarification and evolution: employment issues, child custody issues, and DUID charges. This week, I will discuss the important area of employment discrimination.

    First, let’s be clear: no one should go to work in an impaired condition, regardless of what drug is involved. It’s not fair to the employer or to one’s fellow employees, and may well constitute a safety risk. Also, some jobs are so sensitive that it may well be good public policy to require a zero tolerance policy towards all drug use. Certain jobs in the nuclear energy field, for example, or jobs in which an employee is working around nuclear weapons or flammable material fall into this category. Some risks are simply too great to allow even occasional drug use of any kind, whether it’s cannabis or alcohol.

    But most jobs are not. They require a sober individual who can responsibly and safely perform their job. Whether they smoked a joint over the weekend, or even the night before, has no impact on the workers’ ability to perform their jobs in a safe and responsible manner.

    CLICK HERE TO READ THE FULL ARTICLE ON MARIJUANA.COM

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