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LAW ENFORCEMENT

  • by Justin Strekal, NORML Political Director August 29, 2017

    oil_bottlesOn Regulations.Gov, right now, the Federal Food and Drug Administration (FDA) is soliciting public comments with regard to the therapeutic utility and abuse liability of various controlled substances, including cannabidiol (CBD).

    The agency will consider these comments prior to preparing a formal response to the World Health Organization, which is considering placing the substances within their international drug scheduling code.

    Now, to be frank, it’s a little silly that the FDA is seeking public comment on a topic that would normally be judged based on the merits of evidence-based science and data. But prohibition itself would be considered silly if not for the detrimental effects of a criminal record and lifelong penalties and stigma associated with it.

    That being said, cannabidiol is defined by the US Drug Enforcement Administration as a Schedule I controlled substance, despite:

    • Its therapeutic properties and lack of abuse potential, despite the safety trials which have determined the substance to be non-toxic and well-tolerated in human subjects
    • Seventeen states explicitly recognizing by state-law that CBD as a therapeutic agent
    • The head of the US National Institute on Drug Abuse publically acknowledging that CBD is “a safe drug with no addictive effects” 

    So a request for public comment should never go unfulfilled. So we made it incredibly easy for you to do so.

    CLICK HERE TO SUBMIT FORMAL COMMENTS TO THE FDA NOW

  • by NORML August 28, 2017

    Cannabis PenaltiesCongressman Beto O’Rourke (D-TX) with Representatives Amash (R-MI), Jeffries (D-NY), Nadler (D-NY) have introduced an amendment to the appropriations bill that the House is expected to take up next month. The amendment would eliminate the funding for enforcement of Section 159 of title 23, which reduces highway funding for states if they did not automatically suspend drivers licenses of anyone convicted of a drug offense.

    This amendment is similar to the Better Drive Act, which Congressman O’Rourke introduced in April. The Better Drive Act removes the federal mandate that demands states to suspend the driver’s license of individuals with a marijuana possession conviction. Currently, any drug conviction, regardless of whether or not the motor vehicle was involved, results in an automatic suspension of the individual’s driving privileges for a period of six months.

    Enacted over 25 years ago as a part of the so-called “War on Drugs,” this mandate imposed on states does not improve highway safety or help people address substance abuse. Rather, it had the opposite effect, as this mandate ends up costing minor offenders their ability to get to work and to school, and other undue economic hardships.

    By adding an amendment to eliminate the financial penalty against states who do not follow the federal mandate, O’Rourke and his co-sponsors are pushing to ease the burdens against those whom are convicted for simple marijuana possession.

    Click here to send a message to you member of the House to support the amendment and companion legislation, The Better Drive Act.

    Texas resident? Congressman Beto O’Rourke has been working closely with Texas NORML to address federal reform. Click here to find out more about Texas NORML and follow them on Facebook and Twitter.

  • by Justin Strekal, NORML Political Director August 15, 2017

    Jeff_Sessions_(29299022521)As first reported by Tom Angell of MassRoots.com, Washington State Governor Jay Inslee and Attorney General Bob Ferguson responded to a July 24 letter from US Attorney General Jeff Sessions, in which Sessions’ made multiple allegations all based on a single misleading 2016 report.

    One would say, they didn’t pull any punches:

    “Your letter, citing the March 2016 Northwest High Intensity Drug Trafficking Area (NW HIDTA) report on marijuana in Washington, makes a number of allegations that are outdated, incorrect, or based on incomplete information.”

     

    Cutting right to the heart of the matter, i.e. facts, the Washington state leaders again articulated their desire to educate the (seemingly willing) ignorant Sessions.

    “We have twice requested an in-person meeting with you because we believe it will lead to better understanding than exchanging letters. If we can engage in a more direct dialogue, we might avoid this sort of miscommunication and make progress on the issues that are important to both of us. We therefore reiterate our request to meet with you, followed by further appropriate meetings between state and DOJ officials.”

     

    One of the most basic functions of government is to simply provide consistency and certainty in law enforcement. So after repeated efforts by the state’s leadership to receive clarification, basic facets of the Department of Justice’s approach are still unknown. In yet another attempt for guidance, the Governor and state Attorney General requested information on:

    • Whether DOJ intends to follow recommendations from its Task Force on Crime Reduction and Public Safety—in particular, its reported recommendation to continue previous federal policy on state legalization of marijuana.
    • Whether President Trump’s previous statements of support for medical marijuana, and leaving recreational marijuana legalization to the states, represent the policy of the federal government.
    • Whether DOJ will support reasonable federal policies allowing financial institutions to provide service to licensed marijuana businesses, in order to avoid the public safety risks and transparency problems associated with all-cash businesses.
    • How state-regulated marijuana should be treated by the federal government following the President’s declaration that the opioid crisis constitutes a national emergency, and whether the federal government will support objective, independent research into the effects of marijuana law reform on opioid use and abuse.
    • Whether the federal government will help protect public health by supporting agricultural research on the safety of pesticides used in marijuana cultivation.
    • Whether the federal government will support research into expedited roadside DUI testing methods for law enforcement, as alternatives to blood draws.

     

    How Attorney General Sessions will respond, only time will tell.

    You can click HERE to send a message to your Representative to urge their support for The Respect State Marijuana Laws Act, bipartisan legislation to prevent the Department of Justice from enforcing federal prohibition in states that have chosen to legalize medical or adult-use marijuana.

    You can view the full letter from Governor Inslee and AG Ferguson below:

    Washington Officials Respond to Sessions Marijuana Letter by tomangell on Scribd

  • by Justin Strekal, NORML Political Director August 14, 2017
    Congresswoman Suzan DelBene (D-WA-1)

    Congresswoman Suzan DelBene (D-WA-1)

    Congresswoman Suzan DelBene (D-WA-01) has reintroduced the State Marijuana And Regulatory Tolerance (SMART) Enforcement Act (H.R. 3534). This bill prohibits state-sanctioned marijuana consumers and businesses from being prosecuted by the federal government.

    By a margin of more than 6 to 1, Americans say that individual states should be able to make their own laws governing the use and sale of marijuana. The SMART Enforcement Act acknowledges this voter sentiment while also ensuring states are operating in a safe and responsible manner.

    In a prepared statement, Congresswoman DelBene says that her legislation “will fix the conflict between state and federal law by giving states effectively regulating marijuana themselves, such as Washington, a waiver from the Controlled Substances Act. It also resolves the banking issues currently forcing dispensaries to operate on an unsafe, all-cash basis. These waivers will ensure people in states that have different laws than the federal government on marijuana are protected from prosecution, provided they meet certain requirements, as more and more states work to regulate marijuana within their own borders.”

    Legislation similar to this is pending in California, Assembly Bill 1578, to try and limit potential federal interference in the state’s marijuana regulatory laws. As Congresswoman DelBene said, “People in these states should not live in fear of the unpredictable actions of the Attorney General and Department of Justice.”

    Click HERE to urge your Representatives to support this legislation.

  • by Keith Stroup, NORML Legal Counsel July 31, 2017

    The test should be, “Is it better than Prohibition.” Does the proposal stop the arrest of smokers and establish a legal market where consumers can obtain their marijuana?

    The Supreme Court of Illinois recently handed down a decision which found that some of the drug courier profile traffic stops in their state were illegal, and agreed with the lower courts that the drugs confiscated in five cases that had been combined for the court’s consideration, should be suppressed. The case was People v. Ringland, et al.

    The criminal defense attorney bringing this legal challenge was NORML Legal Committee (NLC) Life Member Stephen M. Komie from Chicago.

    The somewhat unique fact in all five of these cases, which arose in 2012 and 2013, was that the drivers were all stopped and searched by a “special investigator” of the La Salle County prosecutor’s office; not by state or local police. After carefully considering the statute that establishes and defines the powers of state prosecutors, the high court found that the prosecutor did not have the legal authority to hire their own people to drive up and down the highways, making traffic stops and searching vehicles for drugs.

    Congratulations to attorney Stephen Komie for ending these illegal traffic stops in Illinois with a creative legal challenge.

     

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