Pot Patriotism Plus Jury Nullification Equals US vs. Heicklen

George Washington University law professor and longtime jury nullification proponent Paul Butler pens a noteworthy op-ed in yesterday’s New York Times.

Notable not only because of the important subject matter vis-à-vis the first example proffered by Professor Butler, but also too because of the defendant in the case at bar cited.

Professor Julian Heicklen has been protesting Cannabis Prohibition laws since the mid 1990s, mainly around the Penn State campus where he was a longtime Chemistry professor, principally by causing a ruckus around jury nullification and protesting without permits.

Here is a related story NORML featured about Prof. Heicklen in 1998.

Well, to his ever-loving credit, in his retirement, this 79-year-old freedom loving activist is still–through his own pain and suffering–working hard to inform the public and potential jurors that they (better said, we) all have the right to vote our conscience when in judgment of our fellow citizens in a criminal court of law.

I too join Professors Heicklen and Butler in what some prosecutors deem a ‘crime’ and that is to educate as many citizens as possible that they don’t have to keep upholding bad laws like Cannabis Prohibition by voting to punish citizens for non-violent cannabis-related criminal offenses.

American citizens when acting as jurors have the right and responsibility to “Just Say No” to enforcing the country’s failed and expensive Cannabis Prohibition laws.

Many thanks to John Peter Zenger, Julian Heicklen, Paul Butler and all citizens who fully exercise their rights to nullify bad laws.

NORML’s Weekly Legislative Round Up

For a listing of all of the pending marijuana law reform proposals that NORML is tracking, please visit NORML’s ‘Take Action Center’ here. (For a map of pending legislation, please visit here.)

Delaware: House and Senate lawmakers have given final approval to legislation, Senate Bill 17, which allows for the state-authorized use and distribution of medical cannabis. Senate Bill 17, The Delaware Medical Marijuana Act amends state law so that patients with an authorized “debilitating medical condition” can possess and consume cannabis (up to six ounces) obtained from state-licensed facilities. The measure provides for the establishment of at least one non-profit ‘compassion center’ per county that would be licensed by the state to produce and dispense medical cannabis. The measure now goes before Gov. Jack Markell, a Democrat, who is expected to sign it. If SB 17 becomes law, Delaware will become the sixteenth state since 1996 to allow for the physician-supervised use of marijuana.

Maryland: On Tuesday, Maryland Gov. Martin O’Malley signed legislation, Senate Bill 308, into law expanding the state’s eight-year-old ‘affirmative defense’ law. Senate Bill 308 removes fines and criminal penalties for citizens who, at trial, successfully raise an ‘affirmative defense’ establishing that they possessed limited amounts of marijuana for medical purposes. As initially introduced, SB 308 and its House companion bill sought to establish a government-regulated program to provide qualified patients with legal access to state-licensed producers and distributors of medical cannabis. However, the measure was rewritten after Maryland’s Department of Health secretary testified against it. State lawmakers are expected to revisit the possibility of regulating the production and distribution of medical marijuana next year, after the issue is further examined by a legislative ‘work group’ of medical, legal, and law enforcement professionals.

Vermont: House and Senate lawmakers last week gave final approval to Senate Bill 17, which allows state-licensed facilities to dispense marijuana to medically authorized patients. House lawmakers overwhelmingly backed the proposal despite last-minute warnings from the U.S. Justice Department alleging that SB 17 would conflict with federal anti-drug laws. As approved, each dispensary would be licensed by the state Department of Public Safety and would be permitted to serve up to 1,000 registered patients. Senate Bill 17 now goes to the desk of Governor Peter Shumlin, a Democrat, who is on record in support of the measure.

Connecticut: Members of the Joint Finance Committee this week voted 31 to 20 in favor of Senate Bill 1014, which amends state law so that the adult possession of marijuana is reduced from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a nominal fine, no jail time, and no criminal record. This measure would similarly reduce penalties on the possession of marijuana paraphernalia. Members of the Joint Judiciary Committee had previously approved the bill in April. The measure, which is backed by Gov. Dan Malloy, now moves to the Senate, where it faces potential resistance from lawmakers. If you reside in Connecticut, you can support this campaign and/or contact your Senate member in favor of SB 1014 via NORML’s ‘Take Action Center’ here.

California: The California Assembly is considering legislation, AB 1017, to reduce criminal penalties for marijuana cultivation. The bill seeks to downgrade cultivation from a mandatory felony to a “wobbler” or alternative misdemeanor. This would permit judges and DA’s to treat minor cultivation cases as misdemeanors, at considerable cost savings to both users and law enforcement. AB 1017 was approved by the Assembly Public Safety Committee by a 4-3 vote on May 3rd, and is now awaiting a vote by the full Assembly. You can urge your member of the Assembly to vote ‘yes’ on AB 1017 by clicking here.

New York: State Senate and Assembly lawmakers this week introduced bi-partisan legislation, Senate Bill 5187 and Assembly Bill 7620, seeking to reduce marijuana penalties and arrest violations involving cases where where marijuana was either consumed or allegedly possessed in public [NY State Penal Law 221.10]. Under present law, non-public possession of up to 25 grams of marijuana is a non-criminal civil citation, punishable by a $100 fine. However, in recent years, police — particularly in New York City — have misused Penal Law 221.10 to arrest tens of thousands of defendants who would have otherwise faced no more than a civil citation. Passage of SB 5187 and AB 7620 will save taxpayer dollars, protect citizens against illegal searches, and reduce unwarranted racial disparities in arrests by clarifying the law and standardizing penalties for marijuana possession offenses. If you live in New York state you can urge your state Senator and member of the Assembly to support these measures by visiting NORML’s ‘Take Action Center’ here.

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.

(more…)

NORML’s Weekly Legislative Update

Lawmakers around the country are debating a record number of marijuana law reform bills in 2010. NORML’s Weekly Legislative Round Up is your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** 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 make the changes they want to see. We can’t do it without you.

Massachusetts: On Tuesday, March 2, members of the Joint Committee on the Judiciary will hear testimony in favor of Senate Bill 1801, which seeks to legally regulate the commercial production and distribution of marijuana for adults over 21 years of age. The hearing is scheduled for 1:00pm in room A-1 of the Massachusetts State House. You can read NORML’s written testimony to the Committee here. You can also watch video of NORML representatives previously testifying in favor of this measure before lawmakers here. For information on attending next week’s hearing please visit here, or to contact the Committee, please go here.

Washington, DC: Members of the DC City Council’s Committee on Health this week held their first hearing on implementing the District’s new medical marijuana law. Council members heard several hours of testimony regarding B 18-622, the Legalization of Marijuana for Medical Treatment Initiative Amendment Act 0f 2010, which seeks to implement local regulations regarding the medical use and distribution of medical marijuana to qualified patients. Representatives from NORML testified on behalf of the measure, which is expected to be enacted by the Council by May of this year. If approved by the Council, Congress has 30 days to either approve or reject the measure. More information about this measure is available from NORML’s ‘Take Action Center’ here.

South Dakota: Representatives of the South Dakota Coalition for Compassion this week turned in nearly twice the required number of signatures necessary to place a medical marijuana legalization initiative on the November 2010 statewide ballot. You can read the text of the measure here, or become involved in the campaign by going here. NORML will begin reporting more in depth about this effort once the measure has been certified by the state to appear on the 2010 ballot.

Hawaii: Members of the Senate Committee on Judiciary and Government Operations heard testimony today in favor of SB 2450, which seeks to reduce minor marijuana possession penalties from a criminal misdemeanor, punishable by up to 30 days in jail and a $1000 fine, to a civil infraction punishable by a fine only. You can read NORML’s written testimony in support of the measure, which is co-sponsored by 19 of Hawaii’s 25 Senators, here.

Maryland: On Friday, February 26, at 1:00pm the House Committee of Health and Government Operations and the House Committee of the Judiciary will jointly hear testimony regarding several legislative proposals that seek to legalize the use, production, and distribution of medical marijuana. NORML representatives will be in attendance and testifying at tomorrow’s hearing.

New York: On Tuesday, members of the Senate Health Committee passed S. 4041, which seeks to allow state-qualified patients to possess up to 2.5 ounces of medical marijuana for therapeutic purposes. To learn more about S. 4041 and/or its Assembly companion bill, please visit NORML’s ‘Take Action Center’ here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

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.