NORML’s Weekly Legislative Round Up

It’s January 2010, and that means it is time once again for NORML’s Weekly Legislative Round Up — 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.

Washington: Lawmakers on the House House Committee on Public Safety & Emergency Preparedness will vote on Wednesday, January 20, at 1:30pm on two pending proposals, House Bill 1177 and House Bill 2401. House Bill 1177 seeks to reclassify the possession of forty grams or less of marijuana from a criminal misdemeanor to a class 2 civil infraction punishable by a $100 fine. House Bill 2401 seeks to “remove all existing civil and criminal penalties for adults 21 years of age or older who cultivate, possess, transport, sell, or use marijuana.” This will be the first time state lawmakers have ever voted on regulating marijuana production, distribution, and use by adults. If you reside in Washington, please contact your House member and urge him or her to support one or both of these measures by going here and here. You can also call the Committee and leave a polite, concise message voicing your support for marijuana law reform at: (360) 786-7131 or toll free at: 1-800-562-6000. You can watched archived footage of Wednesday’s hearing on these measures here.

New Hampshire: Lawmakers on the House Criminal Justice and Public Safety Committee will hold hearings on Wednesday, January 20, beginning at 1:00pm on two pending proposals, HB 1652 and HB 1653. House Bill 1652 “allows [for] the purchase and use of marijuana by adults (age 21 or older), regulates the purchase and use of marijuana, and imposes taxes on the wholesale and retail sale of marijuana.” Personal possession of up to one ounce of cannabis and/or non-commercial cultivation of up to three marijuana plants would not be subject to tax and regulation under this act. House Bill 1653 seeks to reduce minor marijuana possession penalties from a criminal misdemeanor to a fine-only offense. If you live in New Hampshire, please contact your House members and urge them to support one or both of these measures by going here and here. You can also call the Committee directly by going here.

Virginia: Lawmakers this week pre-filed legislation, House Bill 1134, seeking to dramatically reduce the state’s marijuana possession and cultivation penalties. You can read all of the bill’s proposed changes here and here. You can contact your state lawmakers in favor of this common sense proposal by going here.

Tennessee: Lawmakers on Wednesday introduced a pair of bills — Senate Bill 2511 and House Bill 2562, the Safe Access to Medical Cannabis Act – seeking to establish a statewide production and distribution program for qualified medical marijuana patients. NORML has retained a state lobbyist to represent the interests of our statewide affiliates as this bill moves forward in the 2010 legislative session. To learn more about this effort, please visit here.

Wisconsin: Members of Madison NORML and IMMLY are organizing a Medical Marijuana Lobby Day in support of AB554/SB368 the Jacki Rickert Medical Marijuana Act. The program will take place on Wednesday, January 20. It will run from 12 to 1pm at the state Capitol, in the first floor rotunda. More information on this event is online here. You can also voice your support for the Jacki Rickert Medical Marijuana Act by going here.

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

A Father’s Lament: Cannabis Prohibition, Race and My Son

Despite the bizarre claims of some prohibitionists and law enforcement representatives that ‘no one in America gets arrested or goes to jail for cannabis charges’, NORML receives hundreds of emails and letters a week from our fellow citizens who’ve been negatively impacted by cannabis prohibition laws–notably due to an encounter with law enforcement.

A few weeks ago I received a letter from a father of a young man arrested and incarcerated on minor cannabis-related charges in Arlington, Virginia. The father’s lament is deep and profound, beyond the standard pleas for help NORML so regularly receives. So much so that I asked him if he would send NORML the original letter for publication.

A few local points of interest to those outside of the Washington, DC area. Arlington county is by most measures one of the more ‘liberal’ and tolerant counties in the commonwealth, maybe the most liberal. Thousands of people who work for the federal government, political partisans, non profit organizations and trade associations reside in Arlington, which has an ever-shrinking native African American community. The writer clearly sets out to make it clear that supposedly progressive counties like Arlington still have a dark side regarding how disproportionately minorities are ensnared into the criminal justice system for cannabis, and how dramatic the impact is to them, their family members–and the taxpayer’s of Arlington.

The Barnes family’s experience in Arlington plays out across the nation every single day, where minorities are arrested at rates three to one, and higher, with even greater disparity regarding incarceration.

In fact the New York Times just reported on such last Wednesday in an apropos article entitled ‘White Smokes Pot, But Blacks Get Arrested‘.

Racial / Ethnic breakdown of only American adults who have used cannabis

While it is true that most cannabis consumers who get busted for possession do not go to jail or prison on the first offense (however,  tens of thousands of Americans are incarcerated annually on cannabis-related charges, including on mere possession charges, often for subsequent possession arrests), a positive drug test submitted whilst on probation can often land otherwise minor cannabis possession cases into jail or prison, most acutely to minorities and the poor.

The practice is called ‘shock incarceration’.

Many citizens–rich and poor, black and white–self-medicate with cannabis to try to work through any number of mental disorders, from bipolarity to attention deficit disorders to post-traumatic stress, however, a life-shattering introduction into the tax coffer-draining criminal justice system is hardly the proper prescription for their health struggles.

Arlington, VA

December 9, 2009

Re:  Joshua Barnes, incarceration for distribution of several ounces of marijuana and probation violation pertaining to same.

Dear Mr. St. Pierre:

On February 13, 2009 my son Joshua Barnes was incarcerated in Arlington County, Virginia for possession and distribution of four ounces or less of marijuana on three occasions in 2008 and for violation of probation pertaining to several possessions and distribution charges, also of four ounces or less of marijuana in 2005.  On September 19, 2009 Arlington County Circuit Judge Benjamin Kendrick sentenced Joshua on the former charge to five years with two and one-half years suspended plus three years of supervised probation effective immediately upon his release.  Then on October 2, 2009, fellow Circuit Court Judge James Almond sentenced him to an additional fourteen months of the 2006 four-year suspended sentence, to be served consecutively in the penitentiary.  The combined time will confine my son for roughly forty four months, minus fifteen percent plus an additional three years of probation immediately upon release, all totaling more than six years under law enforcement control and scrutiny.

In Arlington County, as in any predominately white enclave a black before the courts is likely to be the recipient of justice compromised.  Whether you perceive yourself as black, white or any of the other commonly used arbitrary colors to designate one’s racial/ethnic classification we must step up to the plate and be candid with ourselves in regard to “what is” in dealing with this reality.  We must be mindful that we are not dealing with mere machines but humans whose mental processes and emotions do play major roles in the composition of personality.  To put it another way, what we perceive by means of whatever medium molds our conscience, thus; our reactions are in response.  Invariably, for example, the average white’s response to black male’s presence in the immediate vicinity while stopped awaiting the signal light to change is to activate the door locks.   This common response fosters the criminal image of the black male held by whites and negatively impacts the mindset when the latter sits in judgment, be it the role of the judge, juror, or prosecutor on a black fate.  To put it blatantly, for whites one of the foremost traits of blacks is criminal.  When blacks behave accordingly, whites’ racist contention is fulfilled and appeasement is rewarded as a consequence.  For those in rejoice regarding the behavior it’s a self-fulfilling prophecy is achieved.  Any major newspaper of cities where blacks are in substantial numbers will have mug shots of black males in their daily crime sections.  This further fuels the mindset regarding and criminal black male and gives greater reinforcement and criminal nature of blacks, particularly the black male.

Therefore, it is illogical and ludicrous to assume (it is only an assumption) that the average white judge, juror prosecutor or any other role player involved will suddenly and miraculously be impartial and color-blind when acting in judgment on the fate of a black, especially black male.  Ideally, we wish human nature would allow us to vacate our personal prejudices, if only temporarily.

Justice, as many of us are aware of can be manipulated and often has a price tag.  Unlikely, elite corporates, powerful industrialists, politicians, select entertainment moguls and etc. would be subjected to the same criminal system and receive comparable sentences for distribution of small amounts of marijuana and probation involving the same charges.  It would be utterly unimaginable to witness a Kennedy, Bush, Gates, Bloomberg, Clinton, McCartney, Buffet, Oprah Winfrey or the likes who received the same fate as Joshua for the same non-violent violation.  This tactic of using power to influence justice is probably as old as prostitution and man’s enjoyment from his marijuana use.  Moreover, this reality is closely akin to the old adage, “might makes right”.  Unfortunately, in this regard we are not of the class referenced.  Thus, we are not able to mold justice to render it more human or even unethically circumvent it, as mentioned.

It is a given when it come to white/black matters, ingrained color, prejudice trumps reason.  In my view, most whites do not want to reside with blacks in the same community, desire to worship or dine with them, be buried in the same cemetery and certainly not engage in romantic relationships and etc.  Again it is far-fetched and insane to think that the courts or any segment of society is free of partiality predicated on color of skin.

Theoretically, we as a society do by reason utilize imprisonment as a plausible measure to remove those from the general populace who do harm or present imminent endangerment to society.  We, as the most civilized, technologically advanced with the most powerful military in history, should not make laws to take away human freedom because these are merely laws in-and-of themselves, minus moral judgment. Compare marijuana’s use and consequences to some other substances, legal or illegal.  Alcohol use, especially excessive consumption, produces grave consequences in that it contributes to deaths of tens of thousands and causes untold injuries to millions more.  Also, it is the leading cause of certain types of cancer.  In many alcohol related cases, if not most involving manslaughter the guilty is assessed a lighter sentence than Joshua.  For instance, doctors found guilty of medical malpractice resulting in the death of their patients often times are not more severely punished.  Moreover, many other crimes resulting in severe bodily harm receive less incarceration time.

Marijuana use has been around for hundreds if not thousands of years without producing known destruction to human welfare.  In the past few decades tens of millions of Americans have smoked marijuana and millions more still partake. Statistically, as much as forty-percent of all adult Americans (They have not moved on to harsher drugs as some contend) smoke or have smoked marijuana.  Many keep or would keep on occasion a few ounces for their own personal use (or “stash”).  “A Gallup Poll in October found forty-four percent of Americans favor full legalization of marijuana –a rise of 13 points since 2000, (“Support for legalizing of Marijuana Grows Rapidly U.S.”,  Karl Vick, The Washington Post. Monday, November 23, 2009).”

Joshua was a heavy smoker and also consumed substantial amounts of alcohol himself.  His addiction in-and-of itself caused him self-destruction and eventual doom, especially with the commonwealths legal system.  I reiterate the message that history does not provide real horror stories pertaining to consequences of marijuana use.

Conversely, the use of alcohol, heroin, crack, methamphetamine, cigarette, coffee, Tylenol and other contrabands have had devastating impacts on most, if not all of us at some time.  In regard, we do grave disservice to ourselves and society by denying the truth, thus avoidable destruction and pain are prolonged.  As appalling as it is we devote much valued time, energy, and resources to apprehend and imprison citizens for possession and sale of a few ounces of marijuana when we, as a nation, face far daunting tasks.  Violent crimes remain throughout this land.  Many of us cannot safely walk the streets of our neighborhood during daylight hours let alone at night.  Racial and religious hostilities are still prevalent in the land, just to name a few.  The polls show that there is a real movement to transform laws governing marijuana, but many are still staunchly oriented toward maintaining the ages-old practice of filling jail and prison cells with more and more predominately young black males who have no history of violent crimes.  As a result of these immoral practices they cause these families of black males to struggle and endure unwanted suffering.

Resources expended to take away the freedom of these blacks would be more wisely used to educate them and others, but; those in the prison/court complex are often opposed and they are the real beneficiaries.  The courts are not sentimental and are impervious to the harm and grief brought upon these individuals and their families as a result of the sentenced due to non-violent crimes.  In Joshua’s case the court also ignored the matter of Joshua’s Attention Deficit Disorder history.  Moreover, six days following his incarceration on February 13, 2009, his girlfriend gave birth to his first son, and our first grandchild.

As a final assessment, any harmful affect to any individual or society as a result of Joshua’s action is absent.  Conversely, racial animosity and backlash of the systematic imprisonment of black males is a major instrument in widening the wedge in black/white efforts to alleviate vestiges of centuries-old racial inequalities and strife.  In the final analysis, where is the human harm caused by Joshua’s action?  Do his actions warrant, in a moral sense the take-away of his freedom and, consequently the denial of a father for his new-born?

These marijuana laws are likened to the Poll Tax Laws of the Jim Crow Era in that they disenfranchise millions, particularly blacks.  In the near future, history will show that, again we allowed flawed government policies to damage the image, soul, and fabric of America.  In conclusion, we should all hope sincerely and pray, color-blind to a color-blind god that we be delivered from our heart-held prejudices, long entrenched in hatred to a humane state of consciousness where love dictates.

Sincerely,

Willie Barnes

David Bronner among those arrested for planting hemp at DEA HQ

(Huffington Post) A group of civilly-disobedient hemp farmers and business leaders were arrested Tuesday morning while digging up the lawn to plant industrial hemp seeds at the headquarters of the Drug Enforcement Administration.

David Bronner, the president of Dr. Bronner’s Magic Soaps, a more than 60-year-old company that does tens of millions of dollars of business annually, was among those arrested.

Bronner buys the hemp used in his soaps from Canadian farmers. He was arrested outside the DEA museum, which shares space with the headquarters.

“Our kids are going to come to this museum and say, ‘My God. Your generation was crazy. What the hell is wrong with you people?’” he said as Arlington County Police handcuffed him and walked him to a waiting car.

Wayne Hauge and Will Allen, farmers from North Dakota and Vermont respectively, brought shovels and seeds to the protest, where they were joined by representatives of Vote Hemp, which advocates for federal legislation that would allow states to craft their own hemp policies.

Currently [eight nine] states — Hawaii, Kentucky, Maine, Maryland, Montana, North Dakota, [Oregon,] Vermont, and West Virginia — allow industrial hemp production or research, but federal law, which requires nearly-impossible-to-obtain-permits to grow hemp, trumps those state laws. A bill introduced by Rep. Ron Paul (R-Texas) and Rep. Barney Frank (D-Mass.) would allow states to craft their own policies.

Of all the insanities in the War on (Certain American Citizens Using Non-Pharmaceutical, Non-Alcoholic, Tobacco-Free) Drugs, the ban on industrial hemp is the looniest. We have the Drug Enforcement Administration enforcing a ban on something that is not a drug! They’ll tell you that by strict interpretation of the law, hemp does contain THC, so it has to be banned, even though the THC contained in hemp is so minute that you could literally burn a field of the stuff and not catch the slightest of buzzes.

They’ll tell you that if hemp were legal, growers of illicit high-THC pot would hide their crops in-between the rows of hemp. Any farmer can tell you that what you’d get is cross-pollination; the hemp would ruin the high of the pot and the pot would ruin the strength of the hemp.

Then they’ll tell you that if hemp were legal, law enforcement would be burdened trying to determine which fields were hemp and which were pot. This doesn’t seem to be a problem for the police in China, Australia, Canada, or most of Europe, however, as they seem to be able to tell the difference between a tall, reedy hemp plant and a short bushy pot plant without much difficulty. Maybe our American cops are just too stupid to handle basic botany.

The ban on hemp remains for two reasons. One is to protect the entrenched business interests that would stand to lose market share to legal hemp crops. Hemp can produce anything you can make from a tree or a barrel of oil, and do it cheaper, make it better, and cause less environmental damage along the way. Hemp paper resists oxidation far better than wood paper. Hemp pressboards are as strong as steel and save our forests. Hemp seed oil has the highest energy value of any seed oil crop – all current diesel engines can run on hempseed oil with no modifications required. Hemp seed is one of nature’s highest protein foods and a source of important anti-oxidants. Hemp cloth is impervious to mildew, repels water, and holds heat better, and requires no pesticides. Can you begin to imagine all the companies that would lose money if forced to compete fairly with hemp?

And the second reason is psychological. If hemp is legal, cannabis is just a plant. It’s a subtle thing, but under the current framework, the government can tell us cannabis is an evil drug. But if hemp is legal, then sometimes cannabis is an evil drug and sometimes it is just a plant. Once cannabis is sometimes just a plant, it is harder to scare people into thinking it can be evil.

We are approaching the 400th anniversary of the first colonial hemp plantations in North America. Hemp is our American heritage – this country exists because of hemp and our entire history is infused with its cultivation and use. The forces that combined to ban hemp in the 20th Century have stolen our very birthright and declared nature itself to be illegal.

NORML’s Weekly Legislative Round Up

Marijuana law reform bills are now pending in nearly a dozen states. Here is this week’s summary of pending state legislative activity and tips on how you can become involved in changing the marijuana laws in your area.

Connecticut: Legislators introduced a bill this week to decriminalize the personal use of marijuana. Senate Bill 349 would amend Connecticut law so that adults who possess one ounce of marijuana or less will be issued tickets and assessed a nominal fine in lieu of criminal charges (up to one-year in jail, under current law). In the House, lawmakers will consider HB 5175, which seeks to legalize the medical use of cannabis. (The legislature passed a similar measure in 2007, only to have it vetoed by Gov. Jodi Rell.) Both bills are now before the Joint Judiciary Committee. Please show your support for these efforts here.

Montana: Legislators tabled a pair of bills this week pertaining to the state’s medical marijuana patient registry. Members of the Senate Judiciary Committee today killed SB 212, a measure that NORML strongly opposed. However, in the House, members of the Human Services Committee deadlocked on House Bill 73, which would have allowed patients greater access to medical cannabis. A separate, more comprehensive measure to expand Montana’s medical marijuana program is expected to be introduced imminently.

New Hampshire: House Bill 648, an act to legalize the medical use of marijuana, is now before the House Health, Human Services & Elderly Affairs Committee. A similar bill was narrowly rejected (186-177) by the House in 2007. For more information on this measure, please visit NHCompassion.org or click here.

South Dakota: Lawmakers will hold hearings next week on a pair of bills to protect medical marijuana patients from arrest and jail. House Bill 1127, an act “to provide safe legal access to medical marijuana for certain qualified persons,” will be heard by the House Health and Human Services Committee at 7:45am on Tuesday, February 3. The House Judiciary Committee will hear testimony regarding a separate medical marijuana bill on Wednesday. To attend these hearings or to learn more about how you can support these efforts, please visit South Dakota NORML/South Dakotans for Safe Access or go here.

To learn about additional pending legislation in Minnesota, Missouri, New Jersey, Texas, Virginia, and Washington, please visit NORML’s Action Alerts page here.

Rob Cantrell’s ‘420 Comedy Hollidaze’, Arlington Virginia

More than a whiff of pro-pot comedy will be in the air on April 20 at The Arlington Draft House as Rob Cantrell brings his ‘420 Comedy Hollidaze’ to NoVA. (more…)