Alternet: ‘The Five Worst States to Get Busted With Pot’

Police prosecute over 850,000 Americans annually for violating state marijuana laws. The penalties for those busted and convicted vary greatly, ranging from the imposition of small fines to license revocation to potential incarceration. But for the citizens arrested in these five states, the ramifications of even a minor pot bust are likely to be exceptionally severe.

Alternet.org’s editors recently asked me to compile a list of ‘the worst of the worst’ states to be busted for personal pot possession. Without further ado, here they are:

The 5 Worst States to Get Busted With Pot
via Alternet.org

[excerpt]

1. Oklahoma — Lawmakers in the Sooner State made headlines this spring when legislators voted 119 to 20 in favor of House Bill 1798, which enhances the state sentencing guidelines for hash manufacturing to a minimum of two years in jail and a maximum penalty of life in prison. (Mary Fallin, the state’s first-ever female governor, signed the measure into law in April; it takes effect on November 1, 2011.) But longtime Oklahoma observers were hardly surprised at lawmakers’ latest “life for pot” plan. After all, state law already allows judges to hand out life sentences for those convicted of cannabis cultivation or for the sale of a single dime-bag.

2. Texas — On an annual basis, no state arrests and criminally prosecutes more of its citizens for pot than does Texas. Marijuana arrests comprise over half of all annual arrests in the Lone Star State. It is easy to see why. In 2009, more than 97 percent of all Texas marijuana arrests — over 77,000 people — were for possession only. Those convicted face up to 180 days in jail and a $2,000 fine, even upon a first conviction.

3. Florida — According to a 2009 state-by-state analysis by researcher and former NORML Director Jon Gettman, no other state routinely punishes minor marijuana more severely than does the Sunshine State. Under Florida law, marijuana possession of 20 grams or less (about two-thirds of an ounce) is a criminal misdemeanor punishable by up to one-year imprisonment and a $1,000 fine. Marijuana possession over 20 grams, as well as the cultivation of even a single pot plant, are defined by law as felony offenses – punishable by up to five years in prison and a $5,000 fine. In recent years, state lawmakers have revisited the state’s marijuana penalties – in each case electing to enhance Florida’s already toughest-in-the-nation criminal punishments.

4. Louisiana — In Louisiana, multi-decade (or even life) sentences for repeat pot offenders are hardly a rare occurrence. Under Louisiana law, a second pot possession conviction is classified as a felony offense, punishable by up to five years in prison. Three-time offenders face up to 20 years in prison. According to a 2008 expose published in New Orleans City Business online, district attorneys are not hesitant to “target small-time marijuana users, sometimes caught with less than a gram of pot, and threaten them with lengthy prison sentences.”

5. Arizona — Forty years ago virtually every state in the nation defined marijuana possession as a felony offense. Today, only one state, Arizona, treats first-time pot possession in such an archaic and punitive manner. Under Arizona law, even minor marijuana possession offenses may be prosecuted as felony crimes, punishable by up to 18 months in jail and a $150,000 fine. According to Jon Gettman’s 2009 analysis only Florida consistently treats minor marijuana possession cases more severely.

For a comprehensive breakdown of state-by-state marijuana penalties, visit NORML’s online map here. To get active in changing the laws of your state, visit NORML’s ‘Take Action Center’ here, sign up for free NORML news and legislative alerts, get involved with your local NORML chapter (or start your own chapter here), and join national NORML.

Get active; get NORML!

NORML Truth Squad Car On Patrol In Dallas

From NORML Daily Stash’s Russ Belville:

I’m always thrilled when I get word from one of our local NORML chapters about their new creative projects to capture the public imagination.  This latest treat from Dallas/Fort Worth NORML, however, is one of my favorites.

It’s the “Truth Enforcement Vehicle”, a former police car bought at auction.  DFW NORML replaced the red’n’blue lights with green LEDs and christened it vehicle #420 (of course).

David Sloane, Esq., public information officer for DFW NORML, tells us about the reaction from the public and from the police.

Cop photographing the Dallas/Ft. Worth NORML Truth Squad Car...

David’s been forwarding us progress reports on the Truth Enforcement Vehicle and in response, NORML Founder Keith Stroup warned that such a brazen appropriation of police imagery might bring with it some extra attention from cops, so be very careful to obey the law and not allow contraband in the car.  Sure enough, Papa NORML knows best, judging by today’s report from David:

Well, Keith Stroup’s crystal ball seems to be in fine working order.  I just got stopped in 420 TRUTH CAR on Loop 820.  I was driving under the speed limit and a FTW PD traffic unit working stationary radar on the shoulder started kicking up dirt and gravel coming onto the freeway before I even past him.  (Indicating to me they’ve been watching for that car.)

Then he noticed an old City of FTW vehicle inventory sticker on the dash.  “371… was that a traffic unit?”  I said no it was a Low-Jack car… but I re-numbered it to 420.  He kinda chuckled again and said he noticed and something to the effect of everyone’s entitled to their own opinion.   Then he asked if he could get some pictures!  I told him sure and turned the light bar back on for him.  He pulled out his phone and began snapping away.  (I got a shot of him… gettin a shot of me… attached!)

We exchanged cordial adieus and I was on my way. He wasn’t menacing or harassing at all.  I think they are just curious.   I’m sure those pics got the FTW-PD most-forwarded award for the afternoon shift!  Now just three more shifts to go!  LOL!

America’s Shameful Prohibition: Life Sentences For Marijuana

[Editor’s note: Kellen’s brief review of a new organization dedicated to bringing attention to the numerous life sentences in America for cannabis-only related offenses is apropos as a 35-year-old father of a young child was sentenced in Louisiana Thursday for life in a cannabis possession case (the life sentence was triggered by the state’s controversial ‘three strikes and you’re out’ mandatory minimum sentences).

Regrettably, and discernibly, the greater south of the United States is the hotbed for these kind of insanely long prison sentences for supposedly criminal acts that many citizens in fact no longer believe are crimes whatsoever.

A new interactive map from the Sentencing Project aptly demonstrates that deep southern states like Florida, Georgia, Mississippi, Alabama, Louisiana and Texas have the highest prison incarceration rates not only in America, but the world.]

By Kellen Russoniello, George Washington Law School student, NORML legal intern

To many of us, the idea of anyone spending life in prison for a nonviolent marijuana offense is absolutely ridiculous. Yet with the recent passage of a bill in the Oklahoma State Legislature making the manufacture of hash punishable by life imprisonment, it is clear that life sentences for nonviolent marijuana offenders do exist.  In fact, a new website is drawing attention to this issue and has identified several people who are currently serving life sentences for nonviolent marijuana offenses.

LifeforPot.com focuses on finding individuals who have been sentenced to life imprisonment without the possibility of parole for federal nonviolent marijuana only offenses.  Beth Curtis, the founder of the website, has identified eight people, each with a unique background and story of how they came to spend the rest of their lives in prison for nonviolent marijuana offenses.

Beth is very familiar with the subject: the first individual listed is John Knock, her brother. Since 2000, John has been serving two life sentences plus twenty years for his connection to a conspiracy to import multiple tons of marijuana and hashish from Pakistan and Lebanon into the United States and Canada, a sentence that Beth believes is the harshest ever for nonviolent marijuana crimes. When she talked to others about the severity of her brother’s sentence, she realized that people believed that nonviolent marijuana offenders could not receive such draconian sentences.

Despite having retired and living in Hawaii when law enforcement came knocking on John’s door he was extradited to Florida—a state that he’d never lived in or committed a crime. Instead, John was drawn into a sting operation because of his contacts with a San Francisco area smuggler who had been indicted. However, John was never seen by law enforcement committing any of the crimes he was convicted of, he was never found in possession of marijuana, and his prosecution rested only upon the testimony of informants. Criminal defense lawyers describe his as a ‘dry case’, and the full story is available at johnknock.com and grandmasmind.com

But how extraordinary is this sentence? Life for Pot lists some of the most famous drug kingpins and the sentences that they received, and it seems that John’s sentence was given special treatment. For example, “Freeway” Ricky Ross, the preeminent crack dealer of the Los Angeles area during the 1980s and early 90s was sentenced to life in 1996. His sentence was subsequently reduced to 20 years, and he was released in 2009. Manuel Felipe Salazar-Espinosa, deemed by the DEA to be one of the world’s most significant drug kingpins making up to $14 million in a week, was given 30 years for conspiracy to import cocaine into the United States and money laundering.

It is clear that there are differences in the sentencing of these individuals. Life for Pot seeks to identify and make others aware of these discrepancies. Beth notes that the creation of mandatory minimums at the federal level has resulted in the increase in power of the prosecutor to decide the sentence by choosing which charges to pursue. She specifically points out that the 11^th Circuit, which encompasses Alabama, Georgia, and Florida, has given 6 of the 8 life sentences identified for nonviolent marijuana only offenses.

So where does this effort go from here? Although Beth has already received some feedback from politicians, attorneys, activists, and journalists, she hopes to start an organization focused on this issue soon. In order to do this, she explains that she will need advisers to help out, as well as a strong coalition. The roots of this coalition have already begun to take hold, with organizations like the November Coalition, Drug Policy Alliance, and Families Against Mandatory Minimums providing support, as well as media attention from a Columbia, Missouri NPR affiliate and High Times Magazine.

Beth would also like to broaden the focus by included those serving de facto life sentences for nonviolent marijuana only offenses, including where older individuals are sentenced to long sentences (e.g., a 50 year old sentenced to 20 years).

State sentences are another area that Beth would like to examine. Sentence reform efforts can be very successful at the state level. In order to do this, however, more resources must be available.

A group petition for clemency is also in the works for those prisoners that have been identified as part of this effort.

“The solution is political,” Beth declared. Legislative action is the best way to address the problem of egregious sentencing disparities. An organization focused on this issue would therefore be heavily focused on reaching legislators. So far, Life for Pot has sent out several cards and letters to federal congressmen and agencies. Beth also noted that advocacy efforts for the legalization of marijuana at the national level must be bolstered.

In these times where some jurisdictions are locking up nonviolent marijuana offenders for life, it is good to hear that someone is bringing the inconsistency and irrationality of these practices to light.

If you know someone that is currently serving a federal life sentence without parole for a nonviolent marijuana only offense, or would be able to assist Beth in her efforts, please contact her at johnknock@johnknock.com.

NORML’s Weekly Legislative Round Up

It’s January and once again it’s time for NORML’s Weekly Legislative Round Up — activists’ one-stop guide to pending marijuana law reform legislation around the country.

** 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 to make the changes they want to see.

Virginia: House Bill 1443 eliminates criminal misdemeanor penalties and convictions for minor marijuana possession offenders. You can contact your state officials in support of this measure here. Virginia NORML is also co-sponsoring a Lobby Day at the State Capitol in support of this effort on Monday, January 17, 2011. To learn more about this event or to attend, please write: Sabrina@norml.org. [UPDATE! HB 1443 is scheduled to be heard by the House Courts of Justice, Criminal Subcommittee this Monday afternoon. This hearing coincides with Virginia NORML's Lobby Day at the Capitol. Please join with fellow Virginia marijuana law reform activists in Richmond and show your support for this important legislation.]

Washington: Senate Bill 5073 and House Bill 1100 seek to provide state licensing to medical marijuana producers and dispensaries in order to assure that qualified patients “will have access to an adequate, safe, consistent, and secure source of medical quality cannabis.” The proposed laws do not amend patients’ existing rights to possess up to 24 ounces of marijuana for medical purposes and cultivate up to 15 cannabis plants. The proposals also expand legal protections for patients and producers of cannabis-based medical products by redefining legal cannabis to include “products that contain cannabis or cannabis extracts … “including, but not limited to, edible products, tinctures, and lotions.” SB 5073 has been assigned to the Committee on Health & Long-Term Care and as been scheduled for a hearing on Thursday, January 20th at 1:30pm in Senate Hearing Room 4 of the Cherberg Building. You can learn more about these proposals at NORML’s ‘Take Action’ page here.

Montana: Montana lawmakers are considering dozens of proposals this session to curtail or repeal the state’s six-year-old medical marijuana law. Montana NORML, our allies Patients & Families United, and various other local groups have formed a coalition to halt these legislative efforts and to protect patients rights. Please visit Patients and Families United on Facebook here for up-to-date information on pending hearings and votes. You can also e-mail your members of the state House and Senate urging them not to repeal Montana’s medical cannabis law by clicking here.

Texas: House Bill 548 amends Texas law so that the adult possession of up to one ounce of marijuana is reduced from a Class B misdemeanor (punishable by 180 days in jail and a $2,000 fine) to a Class C misdemeanor, punishable by a fine not exceeding $500 and no criminal record. You can show your support for this measure by visiting here or by becoming involved with Texas NORML here. You can follow the progress of this measure online here and also on the Facebook page for Texas NORML here.

To be in contact with your state officials regarding these and other pending legislation, please visit NORML’s Take Action Center here.

The Hill: “Failed Marijuana Policies Are a Bi-Partisan Boondoggle”

Texas GOP drug warrior Rep. Lamar Smith (21st District) lashed out at the Obama administration yesterday on Fox News (Watch the video here.) — claiming that the President is ‘soft’ on pot and is refusing to enforce federal drug laws. But as I opine in today’s edition of The Hill.com’s Congress blog, Congressman Smith is fundamentally wrong on both counts.

Failed marijuana policies are a bi-partisan boondoggle
via The Hill

[excerpt: read the full text here]

Law enforcement officials prosecuted a near-record 858,408 persons for violating marijuana laws in 2009 – the first year of the Obama presidency. That total is the second highest annual number of pot prosecutions ever recorded in the United States.

According to the arrest data, made public last week by the Federal Bureau of Investigation, some 88 percent (758,593 Americans) of those charged with marijuana violations were prosecuted for possession only. The remaining 99,815 individuals were charged with “sale/manufacture,” a category that includes virtually all cultivation offenses.

Does any rational person really think that arresting and prosecuting nearly one million Americans annually for their use of a substance that is objectively safer than alcohol exemplifies a ‘soft’ – or better yet, sound – public policy?

Rep. Smith further claims that the administration has abdicated the enforcement of federal drug laws in the fourteen states that have legalized the physician-supervised use of marijuana since 1996. Not so. Despite promises from the U.S. Attorney General to respect the laws of these 14 states, the September 21 edition of DC’s Daily Caller reports that just the opposite is taking place.

In an article entitled, ‘DEA, DOJ stay mum on medical marijuana raids,’ reporter Mike Riggs states: “Despite campaign promises to the contrary, the Department of Justice under President Barack Obama and Attorney General Eric Holder hasn’t stopped raiding marijuana dispensaries operating in states where sale of the drug is legal for medical purposes. But the DOJ has demonstrated one marked change now that it’s under Democratic control: The department has stopped publicizing medical marijuana raids, both by requesting that more cases be sealed under court order and by refusing to distribute press releases.”

The story goes on to cite details of over a dozen recent federal raids of medical marijuana providers in California, Colorado, Michigan, and Nevada – all states that have approved the cultivation and possession of medical marijuana.

Of course, if the stricter enforcement of marijuana laws – as Rep. Lamar advocates – was really the solution to curbing Americans’ appetite for pot then how does one explain this? Since 1965, police have arrested over 21 million Americans for violating marijuana laws; yet according to the World Health Organization more Americans consume marijuana than do citizens of any other country in the world.

… Rather than scapegoating the new administration, which has done little to alter longstanding U.S. marijuana policy, Rep. Smith ought to reconsider the past 40 years of failed drug war policies. … It is time to replace failed marijuana prohibition with a system of legalization, sensible regulation, taxation, and education.“

The Hill’s ever-popular Congress blog ‘is where lawmakers come to blog.’ It’s also where legislators and other politicos come to gauge the pulse of the public. Given that this is a paper of record on Capitol Hill, why not send Rep. Smith and his colleagues a message that their anti-marijuana rhetoric is woefully out of touch with voter sentiment? You can make your voice heard by leaving your feedback here.

If you live in Texas (particularly if you live in the 21st District, which includes the cities of Austin, San Marcos, Kerrville, and San Antonio), you can also contact Rep. Smith directly here.