By Norm Kent, Esq., NORML Board of Directors

Today I am going to come out of the closet as a Bi-Coastal pot consumer. I lead two lives; one on the East Coast and one on the West Coast.

In Fort Lauderdale, I own a townhouse where I have resided for over a quarter of a century. In this community, I am a lawyer and a spokesman for NORML, very active in drug law reform. But I cannot practice what I preach. That would be illegal.

In California, however, I found a small town near Berkeley, east of San Francisco Bay, where I may retire. It is Walnut Creek, a hamlet, I understand, that has more open public spaces than any other village in America. There, I may eventually choose to grow my own pot. I am allowed to do so.

In Fort Lauderdale, Florida, where I practice law, and get people out of trouble for growing pot, I have to defend people who do what I am entitled to do in California legally. You see, the rules are different here. Life can thus be a bit conflicted.

In early 2006, my Florida roommate, after learning he was HIV positive, decided to move back to his hometown of San Francisco. As a pot consumer, he realized he could now get a medicinal recommendation for marijuana and grow pot legally under California law. The Florida laws are not so kind or generous. Cultivation of any amount is a second degree felony.

We went to San Francisco together, to a community I have visited and loved since the early 1970’s, from my first spectacular drive up the Pacific Coast highway. We found and rented a small apartment in the Haight.

It has been thirteen years since California voters enacted Proposition 215, which allowed citizens to utilize marijuana for medical purposes if a person had a legitimate need. As a recovering cancer patient, I more than qualified for a medical marijuana recommendation.

I sought out a legitimate physician, not one running a medical marijuana mill. I came with a full set of medical records tracking my unenviable medical past, including recent spinal surgery. The doctor thoughtfully reviewed with me the medical risks associated with the use of cannabis. Not that I did not have a little experience. I mean, I am 60 years old this year. My friends’ kids go to Bonnaroo. I lived through Woodstock.

After the screening, my physician then appropriately certified me as an individual who could benefit from the medical use of cannabis. Just like that, I became patient number 380206011. I then proceeded to a medical dispensary, proudly armed with a State of California Medical Marijuana Identification Card.

As a California patient, I am empowered to acquire cannabis lawfully at medical dispensaries. Under the California Health and Safety Code, I am also entitled to grow up to six plants of my own in my little apartment on the bay. I do not have to hide them from the authorities.

I joined the Oakland Cannabis Buyers’ Cooperative, and was issued a Growers Certificate. It affirms that any herbs I cultivate at home would be grown for my personal medical use. I was now at liberty to grow my own medicine. It is still called pot in Florida. We call it medicine in California.

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by Norm Kent, NORML Board of Directors

The morning after the Academy Awards a band of protestors gathered in Los Angeles on the corner of Main Street and Temple St outside the federal courthouse. They were not there for the Oscars. But one day someone will make a movie about the person they were there for. It may be called ‘Inherit the Wind: the Sequel.’

The protestors were marijuana patients and medical use advocates gathering in behalf of one Charles C. Lynch (photo below of Lynch’s medical cannabis dispensary opening), who was convicted in a United States court last summer of operating a medical marijuana dispensary in violation of federal laws. The organizers have no red carpet. They just wanted to draw public attention to Lynch’s case hoping that the 46-year old man does not spend decades in prison for giving medicine to sick people.

California is one of thirteen states in which medical marijuana is legal, but federal law prohibits its use under any circumstances. That means that though Mr. Lynch obeyed local and state laws, he nevertheless became a federal prisoner. That means he is a victim of American injustice at its worst.

Mr. Lynch was convicted at trial, denied under the Federal Rules of Evidence from presenting any testimony whatsoever about medical marijuana, his own city business license, or the California state law he dutifully and righteously obeyed. A jury thus only heard that some man was selling marijuana to line his pockets, and they convicted him, as a San Francisco jury once convicted Ed Rosenthal.

We had another trial like that in America. It was called the Scopes trial, and as I recall, a schoolteacher was prosecuted for teaching science in his class and then denied the right to present testimony regarding evolution at his trial.

On February 4, a White House Spokesman named Nick Shapiro said that President Obama did not want to waste federal law enforcement resources circumventing state medical marijuana laws. Mr. Shapiro opined that he expected the President’s new appointees to consider this when setting policy for their agencies. How about having one of them show up at the sentencing for Mr. Lynch? How about directing the US Attorney to stand down? I am available if they want to send me.

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Why it is more hype than substance…

By Norm Kent, Esq., Member, NORML Board of Directors

Richland County Sheriff Leon Lott and Company: ‘Michael Phelps, make our day!’

On this blog, I do not give legal advice. I express legal opinions. The legal opinion everyone is asking me about is can Michael Phelps actually be charged? After all, there is no proof there was anything in the pipe at all. There is no controlled substance to present to a court. There is not even a pipe that could lead to a paraphernalia charge. So how can they possibly prosecute him?

In my law office I have a steel Florida Marlin, stuffed by an ichthyologist, which I caught off the shores of Key West, in the waters of the Atlantic Ocean.

Under the fish, there is a plaque which reads, “Behold the bright, blue Marlin; this creature would not be here today had he not opened his big mouth yesterday.”

Michael Phelps should have come by and read it. His publicized admission that he toked from a bong at a frat party in a South Carolina dorm has stirred a whirlwind of controversy and put him in harm’s way.

The real bad news came from the sheriff in the jurisdiction where Michael allegedly toked up, with a pronouncement that he was going to investigate the case to see if he could prosecute young Mr. Phelps.

The sheriff’s public information teased the media: “The Richland County Sheriff’s Department is making an effort to determine if Mr. Phelps broke the law. If he did, he will be charged in the same manner as anyone else…”

Sheriff Leon Lott then commented to a local newspaper about the quality of his case. He stated that, “this one might be a lot easier since we have photographs of someone using drugs and a partial confession. It’s a relatively easy case once we can determine where the crime occurred.” Not so, Sheriff Lott. You are leaving out a lot.

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By Norman Kent, Esq. , NORML Board Member

Okay, it is only February 1st, and more people this year have already died from peanut butter than pot.

Seriously, when you think about what has crossed the pages of our nation’s conscience in the past month, you have to wonder why we are all not getting high.

With thanks to Michael Phelps, I have ten good reasons to believe drug law reform will ‘take’ this year. Here is why.

Number One: The President
First of all, we elected a President who has admitted inhaling, and whose half brother just got arrested in Kenya for possession of marijuana. Growing up in urban Chicago, and having come from Hawaii, home of ‘Maui Waui,’ we have a man in the oval office that has an herbal background.

I am therefore not intimidated that, on his third day in office, while he was working on a nationwide economic stimulus package, some renegade prosecutors raided a medical dispensary in California. Those ugly efforts will cease soon enough. I am encouraged by President Obama’s prior public statements that such raids are counterproductive and provide illusory answers to real problems.

Number Two: The Medicine
Just as I was exploring the placement of my mom into an assisted living facility for early stage Alzheimer’s patients, I see a study released by Ohio State University this month. The research is indicating that marijuana has some potential capacity to reduce brain inflammation, which plays a role in Alzheimer’s. Mom, those brownies might taste differently next week.

While evidence showing the benefits of marijuana in multiple sclerosis cases has been advancing significantly, work in Alzheimer’s disease is still in its infancy. Still, another recent study performed at the Scripps Research Institute in California found that THC, the active ingredient in marijuana, inhibits the formation of a brain plaque that is a hallmark of Alzheimer’s disease.

Number Three: The Politics
If you light up a joint while walking down High Street in Medford, Massachusetts, not much is likely to happen to you. As of Jan. 2, Massachusetts became one of 12 states that have decriminalized marijuana possession to some extent. The new civil penalties for possession of less than 1 ounce include a $100 fine and forfeiture of one’s stash for those over 18 years of age. Minors will receive the same fine and be required to attend drug education classes.

In city after city, and state after state, once silent minorities are becoming vocal majorities and voting to enact legislation freeing marijuana from unjust law enforcement. When given the chance, we are winning the war against prohibition. Legislators in Michigan, Connecticut and even Florida are starting to re-introduce bills to lower penalties for pot. The whirlwind is commencing; just ask anyone in a dorm room within a wave of the White House after the inauguration.

Number Four: The Media
Marijuana has gone mainstream. Media outlets are no longer hiding in the shadows afraid to produce honest reports about the culture of marijuana. We are less likely to see commercials of pot smokers having their brains grilled in a frying pan. We are more likely to view legitimate programming which produces truths rather than trash about your stash.

One such report was featured on NBC news last week, a snippet of an hour long production on MSNBC entitled ‘Marijuana, Inc.’ Focusing more on economics then the sociology of pot, the well-supported report inescapably concluded that marijuana commerce is here to stay and unlikely to change. As even the NY Daily News said, “When it comes to marijuana, a whole lot of people voted some time ago to just say yes.” Ask the cast of the award winning Showtime series, ‘Weeds,’ which captures a growing American spirit.

Number Five: The Public
Even the Department of Health has said that 95 million Americans have over the age of 21 have tried marijuana at least once. Everyone except Bill Clinton has inhaled. The anti drug warriors have a hard time explaining to the average adult in the 21st century that millions of Americans are wrong when they light up every day.

It is normal to smoke pot. The vast amount of marijuana users today are parents choosing to calm down instead of liquor up, not just kids, looking to get high after class. Of course, they are too, adults treating arthritis, patients using it for multiple sclerosis, or people with HIV fighting a wasting syndrome. Pot smokers cross ethnic, sociological, and economic boundaries.

Number Six: The Celebrities
There is a lot of reason to hate the celebrity culture, paparazzi, and people who get their daily pulp from finding out where Brittany Spears went shopping. As more media types get busted with pot, the less newsworthy it becomes. The public could care less. An arrest for pot is not a career-ending event. As I finish this piece and send it off for distribution, I am watching Snoop Doggy Dogg being interviewed on ESPN for the NFL Countdown to the Super Bowl. It does not seem to have hurt him. And guess what Michael Phelps got caught doing this weekend? Toking off a bong!

Macauley Culkin, Bud Bundy, Willie Nelson, Art Garfunkel, and Al Gore’s son also make the High Subscription List. So do Allen Iverson, Matthew McConaughey, Whitney Houston, Oliver Stone, and even Queen Latifah. All have posted bail for pot. They are not doing too badly for themselves. Go visit Celebstoner for more prime examples of the intersection of celebrity and cannabis.

Number Seven: The Growers
In speaking out against rescheduling marijuana so as to remove it from its classification as dangerous, the most significant point that the Office of Drug Control Policy makes is that today’s weed ‘is not your grandfather’s pot.’

Exactly! It is not, but they miss the mark when they say today’s pot is ‘stronger.’

Today’s pot is also cleaner, safer, and healthier to consume. From vaporizers to hydroponic labs, the marijuana grown and consumed today is more precisely cultivated, carefully processed, and lovingly manicured then the mold-encased, dried-out weed we grew up on decades ago. That pot was often delivered to Americans from overseas after being buried in the dark, musky cargo hulls of ships for weeks at a time.

Now that Americans grow our own marijuana at home, we do not hear stories on a daily basis about people smoking rat poison or buying oregano. We have returned to the roots of our forefathers, lest we forget that George Washington, Thomas Jefferson, and James Madison all grew hemp. They did not turn out too bad, either. Today’s pot growers are the new revolutionary farmers.

Number Eight: The Police and Jails
Sadly, the criminal justice system in America is teeming with serious crimes and violence against Americans. A Department of Homeland Security must necessarily focus on threats from abroad. From drive-by shootings to corporate white collar crime, the jails in our country are simply not capable of housing all those who should arguably be locked up. So law enforcement has to prioritize. Building jails and keeping people in prisons costs more money than communities can afford. Pot smokers are the residual beneficiaries.

The necessities of twenty first century law enforcement have reduced pot to secondary priorities. More and more cities are encouraging cops to treat simple pot possession as a civil traffic infraction and just write a ticket. As those progressive initiatives take hold, pot prosecutions will diminish and pot users will be treated more fairly.

Number Nine: The Non Profits
The wealth of non profit organizations advocating drug law reform is growing exponentially. We are not just NORML anymore. Benefactors like Peter Lewis and George Soros have underwritten drug reform movements the way Hugh Hefner once helped NORML. The Marijuana Policy Project, Students for a Sensible Drug Policy, the Drug Policy Alliance, and Law Enforcement Against Prohibition are just a small sampling of honorable groups fighting to change the public perception in the way drug consumers are viewed and treated. If you enhance their efforts today, there is less of a chance that you will be bonding yourself or your child out of jail tomorrow.

Number Ten: The Internet
There is no better way to end this column then to point towards the awesome power of networking to generate partnerships for the common good. Overnight, hundreds of thousands of reformers can be linked for a specific goal, a targeted protest, or unified voice to speak out for or against a new law or proposed regulation.

The NORML blog and podcast draws hundreds of thousands of Americans daily who would otherwise never be reached but for the arm of the ‘Net. Stopthedrugwar.org, Marijuananews.com, and cannabisnews.com are amongst the target specific Internet resources drug law reformers can access instantly. There are too many more to mention.

Finally, the Internet has spawned awesome networking groups such as Facebook and MySpace, where activists, organizers, and reformers can synthesize their partnerships and causes. And there is always something new unfolding, like Twitter, which I have not figured out, but I know is catching on.

It’s Up to Us!

For too many years, pot smokers have been political prisoners, captive to repressive government and a rolling tide. 2009 represents a renewed opportunity to make the waters of justice run our way again.

*This was originally published at KentVent.com

By Norm Kent, Esq., NORML Board member

On July 1st of 2008, Florida enacted a new law which enhanced penalties for marijuana grow houses. Authorities heralded it as the ‘Marijuana Grow House Eradication Act.’ It is just another excuse to lock decent people up for longer times.

There are some provisions of the act which bring back the dark days of the draconian Rockefeller drug laws in New York, legislation which sent small marijuana growers to jail for thirty years. Some might first be getting out today.

Law enforcement argued that they needed the new law because of the increasing number of grow houses operating in the state and violent crime which tend to be associated with these operations. Sure they did.

“Grow houses are not only furthering this dangerous drug trade within our state, they are bringing violent crime into our neighborhoods,” said Attorney General McCollum. “This new law will help protect our families and communities.” No, it won’t.

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Raids On Head Shops Unjust And Unfair

By Norm Kent, Esq., NORML Board Member*

“Look outside the window, there’s a woman being grabbed. They’ve dragged her to the bushes and now she’s being stabbed. Maybe we should call the cops and try to stop the pain. But Monopoly is so much fun, I’d hate to blow the game. And I’m sure it wouldn’t interest anybody.
Outside of a small circle of friends.”

–song by Phil Ochs

Duval Street is the epicenter of Key West, home to Sloppy Joe’s, Hemingway’s and a host of bars and hotels which have for a century captured the spark and soul of this land of the lost.

The Environmental Circus is gone, Valladares’ News Stand is history, and though La Te Da still stands, Larry Formica and his pink Cadillac have long since passed. Where a beat up wooden dock and a collage of cultures once gathered on historic Mallory Square, cruise ships now pour out thousands of tourists in flowered shirts onto the city’s main streets.

Fantasy Fest still wreaks havoc to the city every fall, but the Pirate image of this out of the way city has been lost for a long time now, to t shirt shops and condos; to name hotels and tourist traps. The heart of the city, Duval Street, has seen some of its landmarks become chain pharmacies, and cheap coffee shops like Shorty’s and Dennis Pharmacy have become convenience stores.

Walking down Duval Street in 2008 you are more likely to find a foreign exchange student from Slovakia peddling a bike for extra cash than you are to stumble upon a runaway teen from New York hustling a street corner for change. The times they are no longer changing. The times they have changed.

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