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ACTIVISM

  • by Keith Stroup, NORML Legal Counsel July 25, 2017

    As an attorney, I am always disappointed that the courts in this country – both at the state and federal level – have refused to get involved in the efforts to end marijuana prohibition and end the practice of treating responsible marijuana smokers as criminals. But that is the reality.

    While the courts in this country have played a leading role in ending racial discrimination, in guaranteeing women the right to obtain a legal abortion, in protecting the rights of the LGBT community, and in many other areas involving the protection of personal freedom, they have consistently rejected attempts to declare state and federal anti-marijuana laws as unconstitutional.

    But that does not mean that we should give up the fight in the courts, and rely only on voter initiatives and elected officials to fix this problem. As long as there are new legal arguments to be made, and fresh and hopefully more convincing facts to be argued, we must continue to engage the courts in this struggle for personal freedom.

    Washington, et.al v. Sessions, et.al

    One such legal challenge, Washington, et.al v. Sessions, et.al, was recently filed in US District Court in the Southern District of New York by lead attorney Michael Hiller, with NORML Legal Committee (NLC) attorneys David Holland and Joseph Bondy serving as co-counsel. The full complaint can be found here.

    Individual plaintiffs in the suit were two young children, an American military veteran, and a retired professional football player, all of whom are medical marijuana patients; and a membership organization alleging their minority members have been discriminated against by the federal Controlled Substances Act.

    Seeking to overturn the 2005 Supreme Court decision in Gonzales v. Raich, plaintiffs request a declaration that the CSA, as it pertains to the classification of Cannabis as a Schedule I drug, is unconstitutional, because it violates the Due Process Clause of the Fifth Amendment, an assortment of protections guaranteed by the First Amendment, and the fundamental Right to Travel. Further, plaintiffs seek a declaration that Congress, in enacting the CSA as it pertains to marijuana, violated the Commerce Clause, extending the breadth of legislative power well beyond the scope contemplated by Article I of the Constitution.

    Named as defendants in the case are Attorney General Jeff Beauregard Sessions, Acting Administrator of the DEA Chuck Rosenberg, the Justice Department, the DEA and the Federal Government.

    In their Complaint, plaintiffs allege that the federal government does not, and could not possibly, believe that Cannabis meets the definition of a Schedule I drug, which is reserved for the most dangerous of substances, such as heroin, LSD, and mescaline; and that classifying Cannabis as a “Schedule I drug,” is so irrational that it violates the U.S. Constitution.

     Among the other claims in the lawsuit are that the CSA: (i) was enacted and implemented in order to discriminate against African Americans and to suppress people’s First Amendment rights; and (ii) violates plaintiffs’ constitutional Right to Travel.

    Joseph Bondy, a federal criminal defense attorney and legalization advocate, explained he felt it was important to “question the agenda of those who continue to push for enforcement of the CSA, given its unlawful and discriminatory impact and that so few in America support such an effort.” Co-counsel David Holland, a litigator and Executive Director of Empire State NORML, noted that “the efforts to criminalize Cannabis are relatively recent and were largely underwritten by racial and ethnic animus,” referring to recent findings that African Americans and other persons of color are four times as likely to be arrested under the CSA than white Americans, even though marijuana is used equally by people of color and Caucasians.

    Perhaps the federal courts will surprise us at long last and finally take a critical look at marijuana prohibition, and find the courage to declare the CSA to be unconstitutional. That would be an enormous step forward in ending marijuana prohibition altogether. But regardless of the outcome of this particular suit, it is encouraging to see the criminal defense bar continue to push the legal envelope, and to advance the best and latest legal and factual arguments. At some point, the courts will have no choice but to strike downC1_8734_r_x prohibition as a violation of our personal freedom.

     

     

  • by Justin Strekal, NORML Political Director July 19, 2017

    Yesterday, NORML moderated a Facebook Congressional Conversation on marijuana law reform with Representatives Earl Blumenauer, Tom Garrett, Beto O’Rourke, and Justin Amash.

    We discussed a wide range of issues including the needless burden of the federal driver’s license suspension mandate, access to medical marijuana, racial injustice, and pending bipartisan legislation to remove cannabis from the Controlled Substances Act.

    WATCH NOW:

    Share on Facebook  |  Share on Twitter

    The ongoing enforcement of cannabis prohibition financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law, impedes legitimate scientific research into the plant’s medicinal properties, and disproportionately impacts communities of color. Only when lawmakers speak honestly about the effects of prohibition and the senseless burdens it imposes on our communities will we be able to win substantial reform.

    “At a time when 29 states and the District of Columbia have made the decision to regulate the sale and use of marijuana, we should rethink how the federal government approaches this drug. Our current approach to marijuana prevents legitimate medical use, fills our prisons with nonviolent offenders and continues to fuel drug violence,” said Representative Beto O’Rourke in a statement promoting the event.

    In our continued effort to educate the lawmakers and the public, events like this will be able to open the eyes of those who have willfully ignored the issue.

    NORML chapters throughout the country are working to advance legalization in state legislatures and, with your support, National NORML will continue to up the pressure in Washington, DC.

    Click here to share the video through your networks and support efforts like this in the future. 

     

  • by NORML July 18, 2017

    majority_supportOver the first six months of 2017, the American Automobile Association (aka AAA) has been spreading misinformation and propaganda in a lobbying effort to defeat marijuana legalization legislative efforts in Connecticut, Delaware, Maryland, and other states.

    As reported by Leafly.com, AAA representatives have recently preyed upon unsubstantiated fears regarding the alleged “increased plague of drugged driving” and the claim that “more babies will be born high” on marijuana in their lobbying efforts against adult use regulatory reforms. The distortions do nothing to advance the public debate surrounding legalization, but they do tarnish the organization’s reputation.

    Send a message to AAA telling them to put the brakes on lobbying against legalization efforts

    According to federal data, auto accident fatalities have fallen significantly over the past two decades – during the same time that a majority of US states have legalized marijuana for either medical or social use. In 1996 when California became the first state to legalize medical marijuana, the US National Highway Traffic Safety Administration reported that there were an estimated 37,500 fatal car crashes on US roadways. This total fell to under 30,000 by 2014.

    Further, a recently published study in the American Journal of Public Health reports that fatal traffic accident rates in legal marijuana states are no different than those in states where cannabis remains illegal. A separate study published last year in the same journal previously reported that the enactment of medical marijuana legalization laws is associated with a reduction in traffic fatalities compared to other states, particularly among younger drivers.

    One would hope that AAA would be nonpartisan in this debate; that they would be the group to separate the facts from the myths so that politicians and law enforcement would be more likely to pursue evidence-based policies with regard to regulating marijuana in a manner that strengthens public safety. Instead they’re largely fear-mongering and further politicizing the issue — calling for the continued criminalization and arrest of millions of Americans who choose to use marijuana privately and responsibly. By doing so, they are arguing in favor of the failed criminal justice policies of the past and they are alienating the 60 percent of Americans who endorse the outright legalization of recreational cannabis by adults (Gallup, 2016).

    Tell AAA to stop distorting the truth, send their public affairs department a message right now

    There are areas of public policy where AAA is absolutely in agreement with reform advocates, including NORML. For instance, we both agree that driving under the influence of cannabis should be discouraged and legally prohibited, and that the detection of either THC or its metabolites in blood or urine is not indicative of psychomotor impairment and, therefore, should not be used a legal standard of criminal liability.

    Our hope is that some day groups like NORML and AAA can work together to advocate for rational policies that work to keep our roadways safe from the threat of impaired drivers. Specifically, we recognize — as does AAA — that there is a need for greater tools and methods  to more accurately determine whether or not someone is under the influence of cannabis, such as via the use and promotion of handheld performance technology.

    Tell AAA that the days of ‘reefer madness’ are over. It’s time for a rational and evidence-based discussion regarding how best to regulate the use of marijuana by adults and how to keep our roads safe.

  • by NORML July 11, 2017

    Medical marijuana

     

    Update: The Senate Appropriations Committee voted 24-7 to include the amendment as part of the 2018 MilCon-VA bill. It is expected that an identical amendment will be introduced in the future in the House. 

    This Wednesday, July 12th, members of the Senate Appropriations Committee will convene to discuss the Military Construction, Veterans Affairs and Related Agencies Appropriations bill. This legislative debate provides lawmakers with the opportunity to expand much needed medical marijuana access to our nation’s veterans.

    Presently, V.A. doctors in states where cannabis therapy is permitted are forbidden from providing the paperwork necessary to complete a medical cannabis recommendation, thus forcing military veterans to seek the advice of a private, out-of-network physician. This issue can be solved by the approval of the Veterans Access Amendment, which ends these cruel and unnecessary restrictions on V.A. doctors and their patients.

    Send a message to your Senators NOW demanding equal access for veterans.

    Last year, majorities in both the US House and Senate voted to include similar language as part of the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill. However, Republicans sitting on the House Appropriations Committee elected to remove the language from the bill during a concurrence vote. We must not allow a similar outcome again this year.

    Veterans are increasingly turning to medical cannabis as an effective alternative to opioids and other conventional medications to treat conditions like chronic pain and post-traumatic stress. A retrospective review of patients’ symptoms published in 2014 in the Journal of Psychoactive Drugs reported a greater than 75 percent reduction on a scale of post-traumatic symptom scores following cannabis therapy. This is why, in recent months, two of the largest veterans’ rights groups — AMVETS and the American Legion —  have resolved in favor of patients’ access to cannabis therapy.

    Our veterans deserve the option to legally access a botanical product that is objectively safer than the litany of pharmaceutical drugs it could replace.

    Write your Senator RIGHT NOW and urge them to support the Veterans Equal Access Amendment!

    Thanks for all you do,
    The NORML Team

    P.S. Have you gotten your ticket for the 2017 NORML D.C. Conference and Lobby yet? Click here to register and come to Washington, DC September 10th-12th. 

  • by NORML July 10, 2017

    take_actionNORML’s 2017 Conference at the Capitol Hilton in Washington, DC and Congressional Lobby Day at the United States Capitol is scheduled for September 10th-12th. Hundreds of marijuana consumers, activists, patients and business owners are expected to attend a day-long training and informational conference on Monday and re-convene on The Hill Tuesday to personally lobby their elected members of the House of Representatives and Senate.

    Whether you’re a longtime activist, college student, medical marijuana patient, or simply a NORML supporter, consider taking this all important step to directly lobby your members of Congress in support of common sense marijuana law reform. During your stay, you will meet and network with like minded activists from across the country, and your time on Capitol Hill will ensure that our message is brought face-to-face to those in Congress who need to hear it the most.

    Click here to sign up now

    We will be lobbying for expanded protections for those states that have reformed their laws, and to protect the progress that we have made from Attorney General Jeff Sessions and his rogue Justice Department. Time and time again, AG Sessions has made it clear that he thinks those of us who consume cannabis are “not good people.” We will be in the halls of Congress to set the record straight.

    The DMV NORML Social, benefiting DC, Virginia, and Maryland Chapters of NORML, will be held on Sunday, September 10, at The Dew Drop Inn, located at 2801 8th St NE, Washington, DC 20017 — a five minute walk from the Brookland-CUA Redline Metro Stop.

    The Conference portion of the event will be held Monday, September 11th at the Capitol Hilton which is located at 1001 16th St NW. It is walking distance from the Farragut West, Farragut North, and McPherson Square Metro Stations, and the Hilton is easily accessible from the Red, Blue, Orange, or Silver Metro Lines.

    The NORML Monday Night Party location details will be given to registered attendees in the weeks leading up to the event.

    Get your tickets now!

    See you in September,
    The NORML Team

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