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…)

CBS News: “Pot Measure One Step Closer To California Ballot”

As a general rule, NORML tends not to publicize or comment on ballot initiative drives — including campaigns we are involved in — until they have officially qualified for the ballot. But in this case, we (and the mainstream media) just couldn’t resist.

Pot Measure One Step Closer to California Ballot
via CBS.com

An initiative to make marijuana legal, and open to local taxation and regulation, is one step closer to getting on the California ballot this November.

Backers of the initiative on Thursday turned in nearly 700,000 signatures to state officials to place the measure on the state ballot, according to reports — far more than the 433,971 valid signatures required. California Secretary of State Debra Bowen has until June 24 to certify the initiative, the Sacramento Bee reports.

The measure, if approved by voters, would allow anyone over 21 years old to possess up to an ounce of marijuana or grow plants within a limited space for personal use. It would also allow local jurisdictions to tax and regulate it.

[Author's Note: There is a clause in the initiative that allows for municipalities, if they desire to do so, to establish regulations governing the retail distribution and sale of cannabis. Personal, non-commercial possess or cultivation of marijuana would not be subject to taxation under this initiative.]

… An April Field Poll found that 56 percent of California voters supported legalizing marijuana, and Mark DiCamillo, the poll’s director, said the initiative had a 50 percent chance of passing, the Los Angeles Times reports.

Next week, proponents of a statewide measure to legalize medical marijuana in South Dakota will also turn in signatures to the Secretary of State’s office to place the proposal on the November 2010 ballot. Petitioners claim that they possess nearly twice the number of signatures necessary to qualify for the ballot.

Separate ballot drives are under way in several other states, including Washington and Oregon.

NORML Board Member: I’ve Seen A Better Alternative To Marijuana Prohibition

THE FUTURE IS OURS FOR THE MAKING

NORML’s Cannabis Café

By George Rohrbacher, NORML board of directors, medical marijuana patient

The first time I met Madeline Martinez, the executive director of Oregon NORML, she told me about her dream…a meeting place for medical marijuana patients, some space to hold classes, a very different vision of healthcare. I took a drive to Portland last week to see this dream come true; to Oregon NORML’s World Famous-Cannabis Café, a trip to a Future of our own making.

Set in an older blue-collar neighborhood in North East Portland, NORML’s Cannabis Café, occupies a building that was reputed to be a ‘speakeasy’ during Prohibition, alcohol Prohibition, that is. It includes a meeting/concert space upstairs for about 200+ people, in addition to the Café downstairs. Oregon NORML signed a lease this fall with the onsite restaurant operator and took over the business in November. NORML volunteers have been working there non-stop ever since, turning the building into the Cannabis Café. Its opening last month became a world-wide press event…apparently a lot more people than Madeline thought the NORML’s Cannabis Café was an idea whose time had come.

America is currently a crazy-quilt of regulation with the 13 states and counting that have legal medical marijuana. Think what it will look like when all 50 states finally have it! In July, a front page article in the Wall Street Journal announced to the world that the Feds were standing down from enforcement in states with medical marijuana laws, and that MEDICAL MARIJUANA IS NOW OPEN FOR BUSINESS. As I read this, I could imagine entrepreneurs from coast to coast starting to draft their own plans for the medical marijuana businesses, the Next New Thing.

Stephen DeAngelo, the founder of Oakland’s Harborside Health Center, the Bay Area’s largest medical marijuana dispensary, gave one of the most thought provoking speeches at NORML’s 2009 Annual Conference on this very important topic: When marijuana is finally legalized (and new polls indicate America has finally reached the tipping point on this political issue) and the dust has settled, what will the business end of marijuana eventually come to look like? Remember, we are talking about taking an underground multi-billion dollar business and bringing it above ground. This is BIG. There will be huge long-term societal consequences of legalization far beyond the river of tax revenues it will create, many of which will be determined by what physical form legalization takes. So, what will the legal marijuana business in America come to look like? Something big and corporate? Something along the lines of Pepsi, RJ Reynolds, Starbucks, Pfizer, or Budweiser companies that market similar kinds of products??? Big profits, huge advertising budgets and lots of political cash….OR…should legal marijuana be something very different?

Stephen challenged his listeners to see that right now we have the opportunity to shape that marijuana business future, to get something different than the standard corporate outcome …right now, we have the opportunity to create a different cannabis delivery system that isn’t just about the performance on the quarterly bottom line, like it is in the ‘Pepsi’ paradigm, we can create a system that serves the public while at the same time it provides community service…something more along the business lines of Newman’s Own Salad Dressings from whose revenues have come donations of  almost $300 million to charities… Just think of that! The outcome for legal cannabis America could be vastly different, if we choose it…

Pain management is one of the places where the rubber truly meets the road in healthcare, a multi-billion dollar business. Non-toxic cannabinoid therapy has a very real place there. And non-toxic is good, as the very first rule of medicine should always be ‘to do no harm’. So, shouldn’t cannabis, from the get-go, do it differently than the Vicodin/Oxycodone ‘take these pills by yourself’ delivery model? After all, cannabis and all its users, medicinal or not, have been long defined by society as ‘counterculture’, so shouldn’t we be expected to do it differently, when we got our turn to create legal marijuana??? How about creating a non-profit medical cannabis delivery system whose central focus was on the patients, not profits for starters? Patients will have better results in chronic pain relief in the social setting of a Cannabis Café, where having people to talk to makes one’s problems feel lighter and one’s pain (medicated or not) easier to bear. Classes will be starting soon at the Cannabis Café on everything from aerobics, yoga, and weight management to plant propagation. Figuring out ways to provide free medicine to the indigent has been part of the design of the Oregon NORML’s Cannabis Café since its very inception. (Imagine that, the poor thought of first in the NORML model, not dead-last like in the standard corporate model.)  Perhaps a “Buds on Wheels” program for shut-in medical marijuana patients, too…A hemp products emporium, you get it, a place for everything cannabis, and you, too.

At NORML’s Cannabis Café, feel better…get better And then…What if… patients could meet at NORML Cannabis Cafés all over the country and the revenues generated driving a host of programs, in the area of healthcare and post drug war reparations, like freeing the thousands in jail today on pot charges? Think about it. Is that the kind of future you want? We can have it.

About two years ago, to better understand medical marijuana from the patient’s viewpoint, I interviewed the first 45 people waiting to get into one of the bi-monthly Oregon NORML Medical Marijuana meetings. Virtually everyone I asked that morning willingly volunteered his or her medical history. I heard a long litany of construction, car, and motorcycle accidents, of broken bones, dislocated joints, failed surgeries, and cancer… people who made me wonder, “How in the world does this guy/gal sleep at night?” Then it would occur to me, “Oh yes, of course, the cannabis.” For them NORML’s Cannabis Café puts dealing with serious medical issues in social setting…and shows it can be fun, as well. No wonder it’s a raging success.

NORML’s Cannabis Café is getting better by the day, as this new evolving healthcare paradigm kicks in. America can definitely learn something from the good folks who are blazing the Oregon Trail with medical marijuana; the future IS ours for the molding.

I’ve seen it.

NORML SHOW LIVE from Portland Hempstalk this Saturday

This weekend NORML SHOW LIVE comes to you direct from Kelley Point Park in Portland, Oregon, for the fifth annual Portland Hempstalk.  The live stream begins at 6pm PT / 9pm ET and continues for two hours.

You can listen to the show live three ways (and no, regular terrestrial or satellite radio is not one of those ways… yet):

1. Point your web browser to http://live.norml.org and follow the links to Show 002. (Or use the link on the powder-blue BlogTalkRadio player you see there on the right…)
2. Point your mobile phone’s browser to http://m.blogtalkradio.com/norml. Click the link at the bottom of the page for Shows and Blogs. Click the link for Show 002.
3. Call 347-994-1810 on your mobile phone. (“347″ is a New York area code, so long distance charges, if any, would apply. Probably only an option if you’ve got unlimited minutes and free domestic long distance.)

The show will also be archived about one hour following the live broadcast. You’ll be able to hear it all week on the embedded player to the right or by subscribing to it as a podcast on iTunes. (The live show should be available at 6pm Pacific and should stay on this page until Thursday. Click the “play” button to begin.)  You can listen to last weekend’s show up until showtime.

We will be performing the show in front of a live audience at the Hemposium Stage.  We’ll be pulling in guests from the Hempstalk lineup as they become available.  Jack Herer, The Emperor of Hemp will be there and should stop by for a visit.  NORML Executive Director Allen St. Pierre will also be on the show.  Spoken word artist and Native American activist Jon Trudell will speak and perform.  Amy Nelson and Cathy Guthrie (the daughters of Willie Nelson and Arlo Guthrie, respectively) as the acoustic duo Folk Uke will be performing at Hempstalk.  Chris Conrad and Mikki Norris from the West Coast Leaf newspaper will be on hand to discuss Chris’s work as an expert witness in cannabis cultivation and Mikki’s work with the Cannabis Consumers Campaign.  Paul Stanford of The Hemp & Cannabis Foundation and Madeline Martinez, executive director of Oregon NORML and NORML Board memberwill speak about Oregon’s move to tax & regulate marijuana in 2010.  NORML Legal Committee attorneys Paul Loney, Lee Berger, and John Lucy IV will answer your legal questions.

We’re also taking your calls at the bottom of each hour. Dial 347-994-1810 to listen in on your phone and press 1 at any time if you’d like to speak to the host or guests. Your call will be screened and we remind you to have a question ready, keep it short and to the point, and avoid profanity (we’re not FCC regulated on the net, but if we want to take this to terrestrial radio, we need to act like it.)

NORML’s Weekly Legislative Round Up

Below is this week’s summary of pending state legislation and tips to help you become involved in changing the laws in your state.

Missouri: Joplin NORML and Sensible Joplin turned in over 6,000 signatures this week in favor of a municipal ballot initiative to reduce minor marijuana possession penalties to a fine-only offense. (Under Missouri law, marijuana possession is punishable by up to a year in jail and a $1,000 fine.) The bill’s proponents were required to collect approximately 4,600 signatures from registered voters to qualify for the November 2008 ballot. The city has 20 days to verify the signatures. To learn more about the initiative, click here.

Rhode Island: Legislators are contemplating whether to override Gov. Don Carcieri’s (R) recent veto of legislation that sought to study whether the state should establish state-licensed ‘Compassion Clubs’ to provide medicinal cannabis to authorized patients. In 2005 and 2007, Gov. Carcieri vetoed legislation to legalize the medical use of cannabis by state-authorized patients. Both vetoes were eventually overridden by the legislature. For more information, please visit the Rhode Island Patient Advocacy Coalition here here. To hear comments from RIPAC Executive Director Jesse Stout on NORML’s Daily Audio Stash, please click here.

Hawaii: Republican Governor Linda Lingle vetoed legislation (House Bill 2675) this week that sought to establish a legislative commission to study ways to better provide medical cannabis to state-qualified patients. In her veto message, Gov. Lingle said she opposed the bill because “the use of marijuana, even medical marijuana, is illegal under federal law,” and because she believes that there are alternative prescription drugs available besides cannabis. Although the Senate voted to override the Governor’s veto, the House chose not to. To hear comments from Drug Policy Forum of Hawaii Executive Director Pam Lichty on NORML’s Daily Audio Stash, please click here.

Oregon: Oregon NORML held a press conference this week to announce the launch of the Oregon Cannabis Tax Act (OCTA), which seeks to regulate the sale of cannabis in state liquor stores. Proponents of the measure must collect 83,000 signatures from registered voters to qualify the initiative for the November 2010 ballot. To view the press conference, click here. To read media coverage of the campaign launch, please visit here.

California: Via CBS News — “The Berkeley City Council has placed on the Nov. 4 ballot [a measure that] would eliminate limits on the amount of medical marijuana that could be legally processed by patients or caregivers, establish peer review for medical marijuana collectives to police themselves and allow medical marijuana dispensaries to locate where permitted without a public hearing. The initiative failed by only 191 votes in 2004 but a judge nullified the results, ruling that Alameda County election officials mishandled a recount and ordering that the measure be placed back on the ballot in November.”