Medical marijuana’s not getting any better – the time for RE-legalization is NOW!

Author’s update: the graphics in the post below have been updated to correct some minor mistakes, such as dated information that left out Rhode Island and Maine’s dispensaries and Oregon’s recent acceptance of Alzheimer’s agitation as a qualifying condition. Also, I have outlined Oregon’s attempt at legalization through the OCTA petition as it could be reasonably said to be as far along or farther along than Washington’s I-1068. I regret my errors.

Marijuana Law Reform in 2010 (March Update)

With New Jersey recently becoming the 14th medical marijuana state, activists in marijuana law reform have been celebrating. After all, over 82 million Americans now live in states where medical use of marijuana is legal – that’s 27% of the US population! Last election, Massachusetts became the 13th decriminalization state, which means over 107 million Americans live in a state where possession of small personal amounts of marijuana no longer merit an arrest – that’s 35% of the US population.

Population of States with Medical Marijuana Laws

Population of States that have Decriminalized Marijuana

However, after watching fourteen years of marijuana activism focused solely on those who use cannabis for medicine, I must warn activists that medical marijuana is not getting any better and the time for re-legalization of cannabis for all adults – even the healthy ones – is now.

Comparison of five core rights found in existing medical marijuana law

California legalized medical marijuana in 1996. That initiative, Prop-215, established what is clearly the most liberal medical marijuana statute to date:

• A doctor can recommend for any condition;
• You needn’t have a “bona fide” doctor/patient relationship;
• Dispensaries are allowed;
• Self cultivation is allowed;
• Patients are protected from arrest.

Comparison of plant and possession limits and qualifying conditions in medical marijuana law

If we consider these five attributes of the law the baseline, then in the past fourteen years, all thirteen medical marijuana states that have followed have failed to achieve all five. Eight states only offer three or four of those liberties and the rest offer two or only one. Most disturbingly, the right of patients to grow their own medicine (or have a caregiver do it for them), which has been a bedrock principle in medical marijuana law, was taken away from patients in the most recent medical marijuana state, New Jersey. Bills that were considered but vetoed in 2009 in Minnesota and New Hampshire, and those moving forward in New York, Pennsylvania, as well as an initiative in Arizona, all sacrifice this core right.

New Jersey - The (No Medical Marijuana) Garden State

A comparison of plant and possession limits also shows the decline from the original starting point in California, where 12 plants and 8 ounces are allowed. Oregon and Washington passed their laws next and have the highest statutory limits: 24 plants and 24 ounces in Oregon and 15 plants and 24 ounces in Washington. (To be fair, all the West Coast states started with lower limits or more vague limits that were modified by the legislature.) But since then, only one state has allowed more than 3 ounces (New Mexico with 6 ounces) and average number of plants allowed is a little less than ten.

The "Big 8" Conditions for which marijuana is recommended in the states

Another decline in medical marijuana freedom appears when we look at the conditions for which medical marijuana protection is afforded in the various states. There are eight conditions which could be considered the “standard” ones: cancer; HIV/AIDS; seizure disorders, like epilepsy; spastic disorders, like multiple sclerosis; glaucoma; chronic nausea; cachexia; and chronic pain. Most medical marijuana states recognize all eight conditions; a couple (Vermont and Rhode Island) recognize seven of eight.

Other conditions recognized in state medical marijuana laws (not a complete list)

The latest law in New Jersey, however, eliminated chronic pain, chronic nausea, and cachexia, making it the most restrictive list in the nation. The bill proposed but vetoed in New Hampshire required one to try all other remedies for chronic pain before trying medical marijuana. The vetoed Minnesota bill wouldn’t even allow cancer and HIV/AIDS patients to use medical marijuana unless they could show they were terminal (about to die). The lists in the latest proposed bills continue to become more restricted.

Until we do have legalization for all, every medical marijuana law is going to fail to adequately serve all medical users and subject them to increasing restriction and scrutiny. Additionally, medical marijuana laws make patients an attractive target for criminals because prohibition maintains huge profits for stolen medical cannabis, as well as becoming targets for overzealous anti-marijuana cops and prosecutors.

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Marijuana Legalization Zeitgeist In America To Continue Into 2010: Federal Government Lags Behind The States

Already Four States Have Marijuana Legalization Bills In Play; Californians To Vote On Legalization in 2010

It can readily be said that 2009 was one of the busiest and most productive years in cannabis law reform since NORML’s founding in 1970. However, it appears as if 2010 is going to be an even busier year–notably marked by the increasing number of actual state legalization bills and a voter initiative in America’s most important state.

Currently, there is legalization legislation pending in California, Massachusetts, Vermont, and a legalization bill was just introduced this week in Washington. Frankly, most of these bills do not have a strong prospect in passing this time out, however the immense public discussion that is generated is crucial for overall reform efforts.

The formula is simple: No public discussion or debate about legalization, obviously equates to no substantive law reforms. This is what regrettably happened in the United States, Canada and Europe from 1980-2000, buttressed by extreme federal anti-marijuanism in the form of the DARE program in the public school, the blitzkrieg of Partnership for a Drug-Free America ads polluting media airwaves and omnibus federal crime bills overloaded with severe and costly penalties (i.e., mandatory minimum sentencing, civil forfeiture, mass drug testing, etc…). However, since the turn of the century, there have been ever-increasing public discussions and debates about marijuana prohibition–principally driven by the creation and implementation of medical cannabis laws in thirteen states–which is leading to greater public support for reform.

Breaking News: NORML has just learned that the TaxCannabis2010 initiative in California has gathered more than enough signatures to qualify for the 2010 ballot and the announcement of such is imminent (like, this week!).

This coming year the following states will have numerous cannabis law reform legislation or initiatives:

Medical Cannabis

State legislation: MN, IL, MO, OH, TN, MD, NC, PA, DE, OH, WI, NY, CT, MA, NH and TX; NJ has a special legislative session going on right now until January 7, 2010 where a pro-reform medical cannabis bill is pending and the outgoing Governor assures a signature to passed legislation.

Voter Initiatives: AZ

Cannabis Legalization

State legislation: VT, MA, WA; CA’s legalization bill (AB 390) will kickoff a smoking hot year in cannabis law reform with a series of planned subcommittee hearings and testimonies currently scheduled for the first week in January.

Voter Initiatives: TaxCannabis 2010 appears ballot bound and this means that Californians will have the opportunity on November 9, 2010 to effectively end cannabis prohibition in the United States, and arguably most of the of the civil world. Also, Nevada and Oregon voters may also be voting on cannabis legalization initiatives in 2012.

In a country where one out of eight citizens live in a particularly state, and that state’s citizens democratically vote to end cannabis prohibition and replace it with tax-and-control measures, it is only a matter of time before a number of other states follow suit, then the federal government must end it’s failed three-quarter of a century social experiment of cannabis prohibition.

Want To Know Why Marijuana Is Illegal? Ask Governor John Lynch (Or Ask Your Own Governor)

In May I blogged under the headline “Want To Know Why Pot Is Illegal? Ask Your Governor” in response to Minnesota Republican Governor Tim Pawlenty’s decision to veto legislation that would have granted terminally ill patients the legal option to possess and use (but not grow) medicinal cannabis. It wasn’t the first time I’d written such a post and it won’t be last.

Earlier this week I criticized Hawaii Republican Governor Linda Lingle for her refusal to approve legislation that merely sought to study “issues relating to medical cannabis patients and current medical cannabis laws.” Today we can add New Hampshire Democrat (just in case any of you out there are under the illusion that marijuana intolerance is not bipartisan) Gov. John Lynch to the list of public officials who single-handedly stand in the way of cannabis law reform.

Governor Lynch, as many expected, vetoed legislation that would have allowed qualified patients  who had not responded to prescribed medications to possess and use (but not grow) medicinal cannabis. Lawmakers added the controversial, last-minute restrictions to the bill in an effort to gain the Governor’s support. Yet despite their best efforts, Gov. Lynch insisted upon placing political ideology before the health and welfare of his constituents.

For those keeping score at home, Governor Lynch’s veto (which state lawmakers will attempt to override) marks the fourth time this year that a state governor has rejected a marijuana law reform measure. And why did Gov. Lynch take the action he did? I’ll let him explain:

“I recognize that the sponsors of this legislation, and the members of the conference committee, worked hard to attempt to address the concerns raised about this legislation. … However, after consulting with representatives of the appropriate state agencies and law enforcement officials, I believe this legislation still has too many defects to move forward.”

To translate: Cops and my Attorney General hate the notion of anyone — even the terminally ill — possessing the option to use cannabis legally under state law, and I will continue to kowtow to these special interests even if it means my constituents will have to suffer because of my ignorant and callous decision.

Like I said before: Want To Know Why Pot Is Illegal? Ask Your Governor.

Want To Know Why Pot Is Illegal? Ask Your Governor (Again)

Nearly eight months ago I posted the following essay to NORML’s blog, entitled: “Want To Know Why Pot Is Still Illegal? Ask Your Governor.”

Marijuana law reformers, myself included, have spilled volumes of ink commenting on the numerous reasons and vested interests responsible for the continued prohibition of cannabis. But while these lengthy writings may be worthwhile intellectual exercises, I fear that they overlook the obvious.

That’s why, right now, I’d like to give you seven specific reasons why the use of cannabis by adults — including seriously ill patients — remains a crime in America. Ready? Here they are:

Governor Donald Carcieri (R-Rhode Island)
Governor James Douglas (R-Vermont)
Governor Linda Lingle (R-Hawaii)
Governor John Lynch (D-New Hampshire)
Governor Tim Pawlenty (R-Minnesota)
Governor Jodi Rell (R-Connecticut)
Governor Arnold Schwarzenegger (R-California)

Each of these Governors have single-handedly opted to kill marijuana law reform legislation in their states — either by the stroke of a pen (Carcieri, Lingle, Rell, Schwarzenegger) or by applying enough legislative pressure to abruptly halt ‘pro-pot’ proposals from ever reaching their desk.

Why am I reposting this now? Simple, because the more things change the more they stay the same.

On Friday, Minnesota Gov. Tim Pawlenty vetoed legislation that would have allowed terminally ill patients the legal right to possess and use (but not grow) medicinal cannabis. That’s right, I said ‘terminal.’ Apparently Gov. Pawlenty — who cynically remarked “While I am sympathetic to those dealing with end-of-life illnesses and accompanying pain, I stand with law enforcement in opposition to this legislation” — would prefer to have patients at death’s door rely on the medical judgment of a prison warden rather than that of their physician.

But Gov. Pawlenty is hardly the only state governor up to the same old tricks.

In New Hampshire, lawmakers are trying to work out a last-minute compromise with Gov. John Lynch, who has threatened to veto any measure that allows for seriously ill patients to grow or use medical cannabis in their homes. And in Connecticut, Gov. Jodi Rell’s veto threat of legislation that sought to prevent minor marijuana offenders from being saddled with lifetime criminal records certainly did proponents no favors.

In Hawaii and Rhode Island, legislation pertaining to the medical use of cannabis is now on both state’s governors’ desks. If past is precedent, can vetoes be far behind?

And what about Gov. Arnold Schwarzenegger, who earlier this month announced, “[I]t’s time for a debate” regarding taxing and regulating the sale of cannabis for adults. We expect to learn more about the Governor’s position in mere minutes, as he will be elaborating on his stance in today’s Digg.com chat — which you can access here.

Want to know why pot remains illegal in America? You can start by asking your governor — again.

NORML’s Weekly Legislative Round Up

The theme this week: Time to write your Governor!

Maine: Democrat Gov. John Baldacci signed legislation into law on May 1 expanding the state’s marijuana decriminalization law. As enacted, LD 250 makes the possession of up to 2.5 ounces of marijuana a civil violation, punishable by a fine only. (Presently, anyone found possessing more than 1.25 ounces of cannabis is presumed to be engaging in the marijuana sales and faces criminal penalties and potential jail time.) The new law takes effect later this fall. Only one other state, Ohio, treats the possession of more than 2.5 ounces of cannabis as a fine-only (no jail) offense.

New Hampshire: Only one man has the power to continue the criminalization of seriously ill patients in New Hampshire. That man is Democrat Governor John Lynch. If you live in New Hampshire, he needs to hear from you — now! Last week, Gov. Lynch indicated to House leaders that he was likely to veto HB 648, which would legalize the use and cultivation of medicinal cannabis by state-qualified patients. Legislative leaders are trying to revise the bill’s language to address the Governor’s concerns. But even more importantly the Governor needs to hear positive feedback from his constituents. You can contact Gov. Lynch here or by visiting NHCompassion.org.

Hawaii: Senate Bill 1058, an act to create a medical cannabis task force committee, has been approved by the legislature and now awaits action from Republican Gov. Linda Lingle. The intent of the task force is to address patients’ concerns and criticisms regarding Hawaii’s eight-year-old medical marijuana law. In 2008, Gov. Lingle vetoed a similar task force measure. That is why, if you live in Hawaii, we are asking you to contact the Governor and urge her to support SB 1058. You can do so by going here.

Rhode Island: House members are expected to vote later this week on House Bill 5359, which would allow for the state to license non-profit “compassion centers” to assist in the production and distribution of medical cannabis to qualified patients. The Senate previously voted 35 to 2 in favor of the legislation. House members will need to approve it by a similar majority — as the measure faces a veto threat from Republican Gov. Don Carcieri. If you live in Rhode Island, you can learn more about this campaign by going here or here.

Minnesota: Legislation to legalize the medicinal use of cannabis has been approved by the state Senate and now awaits action from the House. At this time, the bill’s primary hurdle appears to be Republican Gov. Tim Pawlenty, who has voiced strong opposition to the measure. If you live in Minnesota, please contact your House member and the Governor by going here.

For information on additional marijuana law reform legislation, please visit NORML’s Take Action page here.