NORML’s Weekly Legislative Round Up

January 2012 marks the beginning of a new legislative session in all 50 states. Already, marijuana law reform legislation is pending (or has been pre-filed) in over a dozen states. To keep up to date with what’s pending, and how you can support marijuana-friendly reform measures in your state, please visit NORML’s ‘Take Action Center’ here.

You can also stay abreast of 2012 statewide ballot initiative efforts, such as those ongoing in Colorado and elsewhere, via NORML’s Legalize 2012 Facebook page here.

Below is this week’s edition of NORML’s Weekly Legislative Round Up — where we spotlight specific examples of pending marijuana law reform legislation from around the country.

** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and to make the changes they want to see. Get active; get NORML!

ALABAMA: The Michael Phillips Compassionate Care Act (HB 25) which seeks to enact legal protections for authorized medical marijuana patients, has been marked for reintroduction in the Alabama Legislature for the session starting on February 7th. It is currently assigned to the House Committee on Health. A separate medical cannabis bill, House Bill 66, has also been prefiled in the House and is also before to the House Committee on Health, while a third measure that seeks to reduce penalties on adult cannabis possession is anticipated to be introduced shortly. You can learn more about these efforts via NORML’s ‘Take Action Center’ here.

INDIANA: Senate lawmakers heard testimony on Tuesday, January 24, in favor of legislation, SB 347, to decriminalize marijuana possession penalties in Indiana. Lawmakers on Senate Committee on Corrections, Criminal, and Civil Matters did not vote on the measure. Therefore, there is still time for constituents to contact their Senate members and encourage them to support marijuana law reform. You can do so via NORML’s ‘Take Action Center’ here. A separate House measure, HB 1370, that seeks to legalize the use of cannabis for medicinal purposes, is pending before the House Committee on Public Policy.

KANSAS: House Bill 2330, which seeks to enact legal protections for authorized medical marijuana patients, was heard by the House Committee on Health and Human Services on Tuesday, January 24th. You can read media coverage of the hearing here and here. You can track the progress of this measure and contact your state elected officials regarding HB 2330 here.

NEW HAMPSHIRE: Members of the House Criminal Justice Committee heard testimony on Thursday, January 25, in favor of House Bill 1705, which seeks to allow adults age 21 or over to use marijuana legally in their home. The measure also seeks to establish a regulated cannabis market governing the wholesale production and sale of marijuana. Non-commercial transactions involving less than one ounce of cannabis would not be subject to state taxation or regulation under the measure. You can watch clips from the hearing here and you can contact your elected officials in support of the measure here.

The House Criminal Justice Committee is also scheduled to hear testimony this Thursday in favor of separate legislation, HB 1526, which seeks reduce the penalties on minor marijuana possession offenses (up to one ounce) from a criminal misdemeanor punishable by up to one year in jail and a $2,000 fine to a nominal monetary penalty of no more than $100.00. To contact your House representative regarding HB 1526, please visit NORML’s ‘Take Action Center’ here.

VIRGINIA: Legislation seeking to establish a joint study committee to investigate the fiscal impact of regulating the production and sale of marijuana to adults 21 and over is anticipated to be heard by the Virginia House Committee on Rules as soon as this Thursday. You can read NORML’s published op/eds in support of this measure here and here. To learn more about House Joint Resolution 140, please visit Virginia NORML or contact your state officials here.

Latest California Crime Stats Emphasize Need To Pass Prop. 19

It seems not a day goes by where the staff at NORML doesn’t receive some sort of e-mail or comment arguing that marijuana use is ‘already legal’ in California. Really? Then how do you explain this?

California Marijuana Arrests Remain Near Record Levels in 2009
via California NORML

According to data from the Bureau of Criminal Statistics, California reported nearly the same number of marijuana arrests in 2009 as in the previous, record year.

In 2009, there were 17,008 felony and 61,164 misdemeanor marijuana arrests, for a total of 78,172. In 2008, there were 17,126 felonies and 61,388 misdemeanors, for a total of 78,514. This was the highest number of arrests since marijuana was decriminalized in 1976.

So to summarize, this means that there have been more than 122,500 criminal prosecutions in California for the non-medical possession of marijuana of less than one ounce since 2008 (and that’s not counting 2010). Since marijuana possession is a criminal misdemeanor in California, that means that all of these individuals were forced to appear in court, pay court costs, pay an administrative fine, and were subject to either drug treatment or a temporary (2 years) criminal record. And, oh yeah, they also had their marijuana forcefully taken away from them by the full police power of the state.

Since 2008, there were also over 34,000 felony marijuana prosecutions (not counting 2010). Marijuana felonies in California include charges like: growing even a single marijuana plant for non-medical purposes (punishable by up to 36 months in prison), and the sale of any amount of marijuana for non-medical purposes (punishable by up to four years in prison).

Does that sound like legalization to you?

Passage of Prop. 19 would make the adult possession (up to an ounce) of marijuana and the cultivation of marijuana (whatever amount may be harvested from a 25 square foot garden) legal. In other words, it would halt the criminal prosecutions of tens of thousands of Californians who are presently running afoul of the criminal law. It would offer legal protection to the estimated 3.3 million Californians who are presently using marijuana for non-medical purposes. (By contrast, only an estimated 200,000 or so Californians possess a valid doctor’s recommendation to use cannabis lawfully.) And that is why NORML supports this effort.

In a similar vein, I’m also frequently asked the question: ‘Why legalize marijuana? Why not just decriminalize it?’

First, let’s look at what ‘decriminalization’ really means:

http://www.merriam-webster.com/dictionary/decriminalization

Definition of DECRIMINALIZE

: to remove or reduce the criminal classification or status of; especially : to repeal a strict ban on while keeping under some form of regulation

The term ‘decriminalize’ first came into vogue in 1972 when the Nixon’s Schafer Commission recommended this public policy for marijuana. Their recommendation to Congress was to replace criminal penalties on adult possession with administrative (non-criminal) sanctions, such as a fine — but to keep the commodity defined as contraband and to maintain criminal penalties on its retail sale and production.

As a stopgap measure NORML has supported, and still supports, decriminalization. In fact, we are presently encouraging Californians to contact the Governor in support of Senate Bill 1449, which reduced adult possess penalties from a misdemeanor to a civil infraction.

But any public policy that mandates that marijuana remain, by definition, an illegal commodity (contraband) is woefully insufficient — as by definition it grants the state (law enforcement) the power to forcefully engage with the public in order to legally seize said commodity. That is why, even in places that have ‘decriminalized’ marijuana possession, we still see horrific acts of violence by police upon marijuana consumers like this and this.

By contrast, simply removing marijuana from the entire criminal code in California, which appears to be what some anti-19 Utopians would prefer, would not fall under the definition of decriminalization — which by its very definition still maintains government sanctions and regulations. In fact, it is hard to define any statutory term for such an idyllic change, as virtually all ‘legal’ commodities are defined as such, and are thus subject to rules and regulations. As I’ve written previously, tomatoes aren’t decriminalized; they are legal and thus subject to regulation and taxation when they are commercially produced and sold on the retail market.

I suppose one could argue that dandelions are non-criminal yet they are not subject to government taxation and regulation. But of course dandelions are not a commodity that is bought and sold on the open market. (Yes, like marijuana, dandelions also grow out of the ground. But, of course, so does wheat — which is highly regulated by the government.) And of course it is totally unrealistic to think that a commodity like marijuana, that is ingested and purchased by tens of millions of Americans, would ever be treated like dandelions.

It is foolish for critics of Prop. 19 to demand that marijuana be treated in a ‘legal’ manner, but then at the same time demand that it not be subject to regulation when the fact of the matter is that all legal commodities are regulated in some manner and subject to taxation.

Gasoline is taxed at the state level, federal level, and there’s also an excise tax. How about water? If your house is connected to a sewer your water consumption is taxed, and there are numerous regulations imposed upon it. The state can control what goes into your water (e.g., flouride). The state can even restrict how much water one uses (e.g., water rationing) in one’s own home. And of course there is alcohol. In this case the government regulates who can use it (e.g., age restrictions); where one can use it (e.g., no use in public parks, in motor vehicles, etc.), what time of day one can buy it, where one can buy it, how much one can brew themselves, how it can be advertised, and so on and so forth. Yet does anyone truly think that these commodities are not ‘fully legal’ because there are taxes and regulations associated with them? Does anyone really think that water should be ‘decriminalized, but not legalized?’

Ultimately, the question is: what is the preferable policy for adult marijuana use — not the Utopian. Right now the state has the power of a gun to seize an adult’s marijuana — even marijuana that is used in the privacy of one’s home home — and to sanction that adult with criminal prosecution and a criminal record if their use is for non-medical purposes. Under Prop. 19, an individual would no longer face these criminal sanctions for their private activities, as long as their private use was limited to possession and cultivation within certain limits. That, in NORML’s opinion, is a net gain — not a net loss.

A Mary Jane Mother’s Day

By: Serra J. Frank – Moms for Marijuana

I am the founder of Moms for Marijuana and I support the NORML Women’s Alliance (NWA) in their fight for the educated regulation of Marijuana. Along with the NWA, Moms for Marijuana proudly represents like-minded mothers from all walks of life. On Mother’s Day, the NORML Women’s Alliance will introduce you to a couple of Moms for Marijuana by highlighting several stories of mothers and grandmothers who hold their heads up high and proudly say “I am a mom for Marijuana.”

A lesson of history is that people enjoy altering their state of mind. History has also shown us that the prohibition of any substance is not beneficial to society and creates a violent and dangerous black market; which opens a gateway that allows our children to easily obtain these substances.

Society tolerates drug use such as alcohol and tobacco. The taxes from these substances help our schools and our communities. Open access gives adults a safe source for obtaining their drug of choice, despite the health and social ramifications that come from the decision to consume these drugs. Alcohol and tobacco consumption creates an industry that generates hundreds of billions of dollars and employs millions of people each year. Regulation and restrictions make these substances more difficult for our children to obtain.

Research has shown that Cannabis (Marijuana) is a safer alternative to drinking alcohol or using tobacco. Yet we continue to drive sensible adults to choose a more harmful substance because of Marijuana’s legal standing; and make criminals out of those who only wish to maintain a healthy lifestyle.

Our country’s policies regarding the Cannabis plant are clearly misguided, uneducated and futile. Continuing to allow the enforcement of hypocritical and detrimental laws as well as tolerating failed policies is destructive to our society and the wrong message to send to our children. By avoiding discussion and change, we condemn them to repeat the mistakes of our past.

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Support the NORML Women’s Alliance on Facebook at www.facebook.com/normlwomen

O-Blow-Off: Obama Site Ducks Marijuana Reform Questions (Again!)

Voting ended late last week on the President-Elect’s website Change.gov. As was the case in December, questions regarding marijuana law reform proved to be extremely popular.

Of the more than 76,000 questions posed to Obama by the general public, the fourth most popular question overall called on the incoming administration to cease arresting and prosecuting adults who use cannabis. And in the sub-category “National Security,” the most popular question posed by the public pertained to amending U.S. drug policies.

But you wouldn’t know it by listening to the administration’s latest video response (posted online here) — as neither issue received even a passing mention from incoming White House Press Secretary Robert Gibbs. (The Obama administration’s woefully inadequate response to last month’s top-rated marijuana law reform question appears at the bottom of the Change.gov page here.)

Am I surprised to learn that the Obama team has decided to hide their collective heads in the sand? Not at all. But by doing so, they’re missing the bigger picture.

The latest round of Change.gov online poll results illustrate two important points.

One: there is a significant, vocal, and identifiable segment of our society that wants to see an end to America’s archaic and overly punitive marijuana laws.

Two: the American public is ready and willing to engage in a serious and objective political debate regarding the merits of legalizing the use of cannabis by adults.

The Obama administration should heed these poll results and understand that marijuana law reform is not a political liability; rather, it is a political opportunity.

Fortunately for the public, there will be other “opportunities” for the Obama administration to address marijuana law reform.  (more…)