Today, the Maryland House of Delegates voted 78 to 55 in favor of Senate Bill 364 which reduces the penalty for possession of 10 grams or less of marijuana from a criminal misdemeanor to a civil offense.
Senate Bill 364 was originally amended by the House Judiciary Committee to simply form a task force to study the issue of marijuana decriminalization. However, this morning, under pressure from the House Black Caucus, the House Judiciary Committee reversed their vote and instead voted 13 to 8 to approve an amended version of SB 364. As amended by committee, the bill would make possession of 10 grams or less a civil offense with the first offense punishable by a $100. The fine for a second offense would be $250, and the fine for a third and subsequent offenses would be $500. The original Senate version set the fine at $100, no matter which offense it was. SB 364 is now expected to go to conference committee to resolve the differences between the version approved by the House and the one approved by the state Senate.
Commenting on today’s vote, NORML Communication Director Erik Altieri stated, “This bill represents a great step forward in reversing the devastating effect current marijuana policies have on communities in Maryland. While the state must now move forward on the legalization and regulation of marijuana, we applaud Maryland legislators in taking action to end the 23,000 marijuana possession arrests occurring in the state every year.”
According to a 2013 ACLU report, Maryland possesses the fourth highest rate of marijuana possession arrests per capita of any state in the country. Maryland arrests over 23,000 individuals for simple marijuana possession every year, at the cost over of 100 million dollars.
NORML will keep you updated on the progress of this legislation.
(Dr. Mitch Earleywine was elected as the Chairman of the NORML Board of Directors in February 2014)
A recent headline reads: “Can Marijuana Kill You? German Scientists Say Yes.” The article focuses on a study of two (count ‘em, two!) young men who died while they had detectable levels of THC in their blood. I take a lot of pleasure in this kind of melodrama. If prohibitionists are stooping this low, we must really be frightening them. (It’s not completely pharmacologically ridiculous. Marijuana does increase heart rate. In fact, it can jack up heart rate almost as much as an espresso or energy drink. Maybe if you already had a weak heart and a coffee and a bong hit, well, something might happen.)
But I want to point out that we should actually expect literally thousands of reports like this. We should hear about lots of people who have heart attacks on the same day that they commune with the plant. It’s not because cannabis causes heart attacks. It’s simple chance.
I hate for my first blog as Chair of The Executive Board to be this nerdy, but I’ve been teaching statistics for more than 20 years. If that doesn’t make me a nerd, I’m not sure what would. But given how many people use cannabis daily and how many heart attacks occur in the United States, it’s actually a miracle that we haven’t heard about this kind of thing before. We also should expect to hear it a lot more often.
According to the National Survey on Drug Use and Health, roughly 7,600,000 Americans (over age 12) used marijuana daily or near daily in 2012. In addition, the Center for Disease Control suggests that about 715,000 of us have heart attacks in a year. (Let’s assume those under age 12 are probably not grabbing their chests with a myocardial infarction too often.) In addition, let’s guess that the United States has about 280 million people over age 12. It’s hard to know the exact number, but that’s probably in the ballpark.
With this in mind, we can predict how many people should have a heart attack the same day that they used cannabis simply by chance. That is, even if these two things had nothing to do with each other, we should expect some folks to have a heart attack the same day that they used cannabis just by accident.
Okay. It’s going to get nerdy here, but this is comparable to asking simpler questions. If I had a dime and a nickel, I might want to know what the chances are that I’d flip heads on both. I flip heads 1 out of 2 times on average for the dime, for a probability of .5. Then I flip heads on the nickel 1 out of 2 times on average, also for a probability of .5. So the chances of flipping heads on both is .5 * .5 for .25. So we’d expect to get heads on both coins about 1Ž4 of the time. If I flipped both coins 100 times, I’d get around 25 pairs of heads. Note that there’s nothing causal here. The nickel doesn’t know what the dime did. It doesn’t want to be like the dime. It’s not that the dime caused the nickel to flip heads.
So it’s the same deal for the cannabis-related heart attacks. If 7.6 million people use cannabis daily out of 280 million relevant Americans, that’s a probability of .0271. And if 715 thousand of 280 million have heart attacks, that’s a probability of .0026. Multiply these the same way we did with the probabilities for flipping heads (.0271 * .0026 = .00007). Now .00007 is a dinky number. If there were only 100 people in the country, we wouldn’t expect any of them (well, .007) to have a heart attack and smoke cannabis on the same day. But we’re talking about 280 million people here. So we’d expect .00007 * 280,000,000, = 19,600. That’s over 19,000 heart attacks.
So the question isn’t, “How did these two guys die of a heart attack with THC in their blood?” It should be, “Where are the other 19,598 guys who should have had heart attacks with THC in their blood?” In fact, the absence of this many cannabis-related myocardial infarctions inspired my wife to ask, “Does cannabis protect the heart?”
If we repeal prohibition, we’ll get to find out.
Go AS, Mozaffarian D, Roger VL, Benjamin EJ, Berry JD, Borden WB, Bravata DM, Dai S, Ford ES, Fox CS, Franco S, Fullerton HJ, Gillespie C, Hailpern SM, Heit JA, Howard VJ, Huffman MD, Kissela BM, Kittner SJ, Lackland DT, Lichtman JH, Lisabeth LD, Magid D, Marcus GM, Marelli A, Matchar DB, McGuire DK, Mohler ER, Moy CS, Mussolino ME, Nichol G, Paynter NP, Schreiner PJ, Sorlie PD, Stein J, Turan TN, Virani SS, Wong ND, Woo D, Turner MB; American Heart Association Statistics Committee and Stroke Statistics Subcommittee. Heart disease and stroke statistics—2013 update: a report from the American Heart Association. Circulation. 2013 Jan 1;127(1):e6-e245.
Substance Abuse and Mental Health Services Administration, Results from the 2012 National Survey on Drug Use and Health: Summary of National Findings, NSDUH Series H-46, HHS Publication No. (SMA) 13-4795. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2013.
NORML filed an “amicus curiae” brief with the Massachusetts Supreme Court on Tuesday, February 18, urging the court to place more limits on police questioning and searches for possession of small amounts marijuana. Attorneys Steven S. Epstein, of Georgetown, and Marvin Cable, of Northampton, authored the brief.
In Western Massachusetts, a judge ruled that based on the odor of raw marijuana an officer could question the defendant about the presence of marijuana and seize a bag of marijuana at the direction of defendant in response to those questions. She reasoned, “a strong odor of marijuana to the officers training and experience triggered a suspicion that there was more than one ounce present.” That suspicion justified asking the Defendant about it and police entering his car to retrieve the marijuana he told them was there.
She further ruled that once police retrieved that bag they lacked the authority to search for more marijuana. She reasoned that a belief the bag was “probably” a criminal amount alone and combined with an officer’s characterization of the odor as “strong” amounted to nothing more than a “hunch.” She ordered the “other bags and the statements subsequently made by the defendant” could not be used at trial. The state appealed.
In its friend of the court brief, NORML reminds the Court of the precarious constitutionality of marijuana prohibition. It then proceeds to ask the Court to rule that: a police officer may not question a person about possible marijuana in his possession or control based only on the officer’s perception of odor, a civil violation in Massachusetts; and, that absent objectively reasonable evidence derived from weighing a bag suspected of containing over an ounce police may not detain, arrest or search a person or their possessions.
NORML argues the citizens of Massachusetts by voting to decriminalize an ounce or less of marijuana do not want police bothering people with anything more than a ticket when there are no articulated facts that a suspected possession of marijuana is criminal in nature. One of the intents of the decriminalization law was to free police to pursue more pressing issues than marijuana possession.
Oral argument in the case of Commonwealth v. Overmyer is scheduled for March 3, with a decision possible before the summer of 2014.
Polling data released today by Quinnipiac University revealed that a majority of Ohio voters support legalizing marijuana for recreational use and nearly 9 out of 10 support legalizing marijuana for medicinal use.
When asked if they supported or opposed allowing adults in Ohio to legally possess small amounts of marijuana for personal use, 51% said they would support this policy and only 44% were opposed. Support was strongest amongst voters age 18-29 (72%), Independent voters (61%), and Democrats (54%) and weakest among Republicans (33%) and voters over the age of 65 (31%).
Essentially all voters stated they supported legalizing marijuana for medicinal use. 87% said they supported allowing marijuana for medical use and just 11% were opposed. No demographic had less than 78% support.
Rob Ryan, Ohio NORML President, is not surprised by the favorable Quinnipiac poll response. In his experience speaking to various non marijuana groups, even the most conservative citizens in south west Ohio, where Mr. Ryan lives, readily agree that marijuana is not a deadly, addictive drug with no medical use as it is defined by to be in the same class as heroin by state and federal law.
You can view the full results of the poll here.
Earlier today, 18 members of Congress signed onto a letter that was delivered to President Barack Obama calling for him to remove marijuana from Schedule I of the Controlled Substances Act.
“We request that you take action to help alleviate the harms to society caused by the federal Schedule I classification of marijuana. Lives and resources are wasted on enforcing harsh, unrealistic, and unfair marijuana laws,” the letter reads, “Nearly two-thirds of a million people every year are arrested for marijuana possession. We spend billions every year enforcing marijuana laws, which disproportionately impact minorities. According to the ACLU, black Americans are nearly four times more likely than whites to be arrested for marijuana possession, despite comparable usage rates.”
The letter was signed by Representatives Blumenauer (OR), Cohen (TN), Farr (CA), Grijalva (AZ), Honda (CA), Huffman (CA), Lee (CA), Lofgren (CA), Lowenthal (CA), McGovern (MA), Moran (VA), O’Rourke (TX), Polis (CO), Quigley (IL), Rohrabacher (CA), Schakowsky (IL), Swalwell (CA), and Welch (VT).
“Classifying marijuana as Schedule I at the federal level perpetuates an unjust and irrational system. Schedule I recognizes no medical use, disregarding both medical evidence and the laws of nearly half of the states that have legalized medical marijuana,” the letter continued, “A Schedule I or II classification also means that marijuana businesses in states where adult or medical use are legal cannot deduct business expenses from their taxes or take tax credits due to Section 280E of the federal tax code. We request that you instruct Attorney General Holder to delist or classify marijuana in a more appropriate way, at the very least eliminating it from Schedule I or II.”
You can read the full text of the letter here.