Since its founding, NORML has advocated that statewide legalization efforts – whether through a ballot initiative or using the legislative process – should ideally include provisions that permit and protect the act of home cultivation by marijuana consumers. This advocacy has resulted in more than 16 states now allowing home cultivation, including in six of the eight voter-initiated measures passed in 2016.
But although there has been a tremendous amount of progress on this issue, it appears that home cultivation is now at risk in several municipalities across Colorado and California. Local and state lawmakers in both jurisdictions are revisiting the issue and are moving toward unnecessarily limiting adult’s home cultivation rights.
Most recently, representatives with Denver’s Office of Marijuana Policy revealed a plan to, “limit unlicensed recreational and medical grows in private residences,” throughout the city of Denver. This decision came after months of closed-door meetings between regulators and leading marijuana industry interests such as the Marijuana Industry Group (MIG); which together, form what’s being called the, “Non-Licensed Marijuana Grows Inspection Team.”
Although there has been little to no mention of specific details regarding this proposed program, many are anticipating the new regulations to resemble those that have come under fire in Indian Wells, California. In that city, lawmakers are pushing for regulations mandating that anyone who wishes to cultivate marijuana in their home must purchase an annual permit and must also allow inspectors into their residence. This amounts to an absolutely unnecessary burden for responsible, law-abiding citizens.
In recent days, Denver NORML became inundated with emails, messages and comments on social media demanding a response to what many believe is a blatant overreach by city government officials. In response, members of Denver NORML, led by Executive Director, Jordan Person, began mobilizing volunteers to contact members of the Denver City Council with the goal of defending the rights and privacy of marijuana consumers in the city of Denver.
“With all of the uncertainty we are expecting in 2017 at both the local and state level our goal at Denver NORML is to help maintain our rights as residents of Colorado to grow in our homes,” said Person. “We will keep our members and supporters informed and part of the conversation as it happens.”
While it’s obvious that there’s a tremendous amount of work that goes into regulating Colorado’s legal marijuana industry, most marijuana consumers would never support any effort that would attempt to bring similar regulations into the privacy of their homes. Not to mention the fact that the creation of a task force or any other bureaucratic process to approve and/or oversee the cultivation of marijuana in a private residence amounts to a severe misuse of tax dollars and violation of privacy when those limited resources could be dedicated to combating actual problems in our communities.
Without providing any data points related to the correlation between home cultivation and out-of-state diversion, those advocating for tighter regulations deserve to fail in their attempt to convince marijuana consumers that allowing regular visits from government officials in their homes is a good idea. Adults who brew their own beer are not subject to inspections by the state and neither should those who choose to grow personal use quantities of marijuana. Furthermore, criminalizing the personal cultivation of marijuana is an arbitrary prohibition that has absolutely no basis in public safety. Therefore NORML will continue to support the right of individuals to grow their own marijuana as an alternative to purchasing it from licensed commercial producers.
To join the fight to protect home cultivation, check out NORML’s action page by visiting http://norml.org/act or for more information, please email Chapters@NORML.org.
For marijuana activists in states with legal marijuana, the strategy quickly moves from legalization to normalization, but for some communities like Ferndale, California, the stigma remains. For months, organizers of the Humboldt County Cup and the Ferndale Police Department have gone back and forth over the decision to host their event at the Humboldt County Fairgrounds. Citing past complaints from the community and concerns about the reggae music that was to be played during the event, local law enforcement never specified what laws, if any, would be violated.
“Smith-Caggiano — who is the executive director of the Humboldt County chapter of the National Organization for the Reform of Marijuana Laws — said the Ferndale Police Department never cited any legal codes to back up their concerns despite requests for them to do so.”
Regardless of receiving approval from the Humboldt County Fair Association, Mr. Smith-Caggiano was ultimately forced by the Ferndale Police Department to move the event location to the Mateel Community Center, located at 59 Rusk Lane, Redway, California 95560.
The National Academy of Sciences, Engineering, and Medicine released a comprehensive report today acknowledging that “conclusive or substantial evidence” exists for cannabis’ efficacy in patients suffering from chronic pain, and sharply criticized longstanding federal regulatory barriers to marijuana research – in particular “the classification of cannabis as a Schedule I substance” under federal law.
Authors of the report also addressed various aspects of marijuana’s effect on health and safety, acknowledging that the substance may pose certain potential risks for adolescents, pregnant women, and for those who may be driving shortly after ingesting cannabis. In each of these cases, these risks may be mitigated via marijuana regulation and the imposition of age restrictions in the marketplace.
Commenting on the report, NORML Deputy Director Paul Armentano said:
“The National Academy of Science’s conclusions that marijuana possesses established therapeutic utility for certain patients and that it possesses an acceptable safety profile when compared to those of other medications or recreational intoxicants are not surprising. This evidence has been available for some time, yet for decades marijuana policy in this country has largely been driven by rhetoric and emotion, not science and evidence.
“A search on PubMed, the repository for all peer-reviewed scientific papers, using the term ‘marijuana’ yields over 24,000 scientific papers referencing the plant or its biologically active constituents — a far greater body of literature than exists for commonly consumed conventional drugs like Tylenol, ibuprofen, or hydrocodone. Further, unlike modern pharmaceuticals, cannabis possesses an extensive history of human use dating back thousands of years, thus providing society with ample empirical evidence as to its relative safety and efficacy.
“Today, 29 states and Washington, DC permit physicians to recommend marijuana therapy. Some of these state-sanctioned programs have now been in place for nearly two decades. Eight states also permit the regulated use and sale of cannabis by adults. At a minimum, we know enough about cannabis, as well as the failures of cannabis prohibition, to regulate its consumption by adults, end its longstanding criminalization, and to remove it from its Schedule I prohibitive under federal law.”
The report marks the first time since 1999 that the National Academy of Sciences has addressed issues surrounding marijuana and health. Authors reviewed over 10,000 scientific abstracts in their preparation of the new report.
You can read the full report here.
JUST IN: Sessions Evades Firm Answer on State Marijuana Laws, Leaves Door Open for Federal EnforcementJanuary 10, 2017
During his confirmation for the position of Attorney General, Senator Jeff Sessions failed to give a straight answer with regard to how the Justice Department should respond to states that have legalized marijuana for medical or recreational use.
The Alabama Senator was questioned by both Sens. Leahy (D-VT) and Lee (R-UT) with respect to whether the principles of federalism ought to apply to state marijuana laws.
Senator Leahy: “Would you use our federal resources to investigate and prosecute sick people using marijuana in accordance with state law even though it might violate federal law?”
Senator Sessions: “I won’t commit to never enforcing federal law, Senator Leahy, but absolutely it is a problem of resources for the federal government. The Department of Justice under Lynch and Holder set forth some policies that they thought were appropriate to define what cases should be prosecuted in states that have legalized, at least in some fashion marijuana, some parts of marijuana.”
Senator Leahy: “Do you agree with those guidelines?”
Senator Sessions: “I think some of them are truly valuable in evaluating cases, but fundamentally the criticism I think that is legitimate is that they may not have been followed. Using good judgment on how to handle these cases will be a responsibility of mine I know it wont be an easy decision but i will try to do my duty in a fair and just way.”
Senator Leahy: “The reason I mention this, is because you have some very strong views, you even mandated the death penalty for second offense on drug trafficking, including marijuana, even though mandatory death penalties are of course unconstitutional.”
Senator Sessions: “Well I’m not sure under what circumstances i said that, but I don’t think…”
Senator Leahy: “Would you say it‘s not your view today?”
Senator Sessions: “(laughs) It is not my view today.”
Senator Mike Lee (R-UT) followed up with questions regarding how marijuana policy factors into federalism and asked if the way the Obama Administration has handled marijuana laws created any issues with separation of powers and states rights. Sessions replied that, “One obvious concern is the United States Congress has made the possession in every state and distribution an illegal act. If that’s something that’s not desired any longer Congress should pass a law to change the rule, it is not the Attorney General’s job to decide what laws to enforce.”
So, after finally being put on the spot and questioned on the issue, we are no closer to clarity in regards to Sessions plans for how to treat state marijuana laws than we were yesterday. If anything, his comments are a cause for concern and can be interpreted as leaving the door open for enforcing federal law in legalized states. If Sessions wants to be an Attorney General for ALL Americans, he must bring his views in line with the majority of the population and support allowing states to set their own marijuana policies without fear of federal intervention.
Clearly, the battle is just beginning to protect state legalization and medical marijuana laws. Can you contribute today to help us keep up our federal political actions and advance our efforts for state-level law reform?
Now that 29 states have legalized medical marijuana, eight have legalized adult-use, and several others are considering legislation to legalize either adult-use or medical marijuana during the 2017 legislative session, it’s obvious that the end of marijuana prohibition is near. But that doesn’t mean the ongoing conflict between local, state and federal laws has become any less confusing.
Unfortunately for Ted Hicks and Ryan Mears, two marijuana farmers from Sacramento, California, this confusion lead to a military style raid and both men being charged with illegally cultivating marijuana, a misdemeanor, and conspiracy for planning “to commit sales of marijuana,” a felony.
“I told my 2-year-old son to stay upstairs,” said Mears, 35. “When I opened the security door, there were 15 cops with assault rifles drawn, pointed, with their fingers on the trigger, in vests, ski masks. They grabbed me and pulled me out front, put me in handcuffs. There were 20 to 30 officers. My son walked downstairs and my wife had to grab him. They had guns pulled on them. It was real painful.”
Regardless of spending several months working with local regulators to establish what they thought was the legal framework for their business, Big Red Farms, and being considered “shinning stars” for their diligence related to local licensing, Hicks and Mears found themselves at the business end of automatic weapons. A clear sign that they had become victims of the patchwork of marijuana laws adopted by local and state officials across California prior to the passage of Proposition 64.
If found guilty, both men could face up to one year in jail, and pay thousands of dollars in fines and court costs.