Category Archives: Prohibition

prohibition

Virginia to Consider Decriminalizing Marijuana Possession

When the Virginia Legislature convenes in January, a bill to stop criminalizing those who simply possess marijuana will be awaiting consideration.

Today, an individual convicted of marijuana possession in Virginia20100115152653!Virginia_new_sign can be thrown in jail for up to thirty days, fined up to $500, or both! This overly punitive approach can destroy dreams — a criminal conviction makes it harder to get a job, housing, and education. Criminalizing marijuana possession also wastes vast amounts of resources. In 2012, there were more than 20,000 arrests made in Virginia for marijuana possession. It takes time for police to book marijuana users, prosecutors to try cases, and labs to test marijuana. Meanwhile, more than half of all reported rapes and 80% of all burglaries went unsolved.

SB 686 takes a more sensible and humane approach by replacing the criminal penalties with a civil penalty of up to $100. Punishing marijuana possession with a civil citation recognizes that no one should be denied housing or a job because they possessed a substance safer than alcohol. It also allows Virginia’s law enforcement to quickly issue a ticket and move on to police more serious matters.

If you are a Virginia resident, please email your state delegate and senator today and ask them to support this sensible and long overdue reform — SB 686.

Bill to Reduce Penalties for Possession Filed in Texas

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Rep. Joe Moody

At a press conference held today and hosted by Texans for Responsible Marijuana Policy, State Representative Joe Moody announced the details of his new bill to stop branding Texans as criminals for possessing up to an ounce of marijuana.  

Many members of our coalition, including Texas District Court Judge John Delaney, the ACLU of Texas, Republicans Against Marijuana Prohibition, and the Marijuana Policy Project, joined him for the big announcement.

Our current marijuana policy in Texas just isn’t working,” Rep. Moody said. “We need a new approach that allows us to more effectively utilize our limited criminal justice resources. This legislation is a much-needed step in the right direction.”

More than 60% of Texas voters support limiting the punishment for possession of up to one ounce of marijuana to a fine of $100 with no possibility of jail time, according to a September 2013 poll conducted by Public Policy Polling.

Nineteen states and the District of Columbia have removed the threat of jail time for possession of small amounts of marijuana.

Now is the time to contact your state legislators. They cannot represent you if they don’t know about your support for this bill! If you are a Texas resident, click here to send an email now. Then, spread the news to your friends and family, so that they, too, can speak out to support more humane and sensible marijuana policies.

 

DOJ Will Allow Marijuana On Native American Land

According to a memo released Thursday, the Department of Justice is instructing U.S. attorneys not to enforce marijuana prohibition on Native American land. This includes territory within states where marijuana is still illegal.

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Timothy Purdon

The new guidance, released in a memorandum, will be implemented on a case-by-case basis and tribes must still follow federal guidelines, said Timothy Purdon, the U.S. attorney for North Dakota and the chairman of the Attorney General’s Subcommittee on Native American Issues.

But the Justice Department will generally not attempt to enforce federal marijuana laws on federally recognized tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it.

“The tribes have the sovereign right to set the code on their reservations,” Purdon said.

There are 36 states with federally recognized tribal territories. Native American leaders across the country now have the opportunity to take the marijuana market out of the hands of criminals and reap serious financial gains by allowing their residents and neighbors to use a substance that is objectively safer than alcohol.

From USA Today:

“Regulating and taxing marijuana like alcohol would ensure the product is controlled, and it would bring significant revenue and new jobs to these communities,” [MPP’s Mason] Tvert says. “Studies have consistently found above-average rates of alcohol abuse and related problems among Native American communities, so it would be incredibly beneficial to provide adults with a safer recreational alternative.”

Congress Poised to Pass Historic Medical Marijuana Amendment

After 11 years of MPP lobbying and attending receptions on Capitol Hill, Congress is finally poised to pass an amendment that would prohibit the U.S. Justice Department — which includes the DEA — from interfering with state-level medical marijuana laws.Capitol

The U.S. House rejected the amendment in 2003, 2004, 2005, 2006, 2007, and 2012. Finally, in May of this year, the House passed the amendment, which was introduced by Congressmen Dana Rohrabacher (R-CA) and Sam Farr (D-CA).

Last night, the amendment was included in the annual spending bill that Congress is expected to pass today or tomorrow. It will then be the law through September 30, at which time it would need to be renewed each fall.

Unfortunately, a bad amendment to block local legalization in D.C. was also included in the spending bill. The D.C. mayor and council had been planning to tax and regulate marijuana like alcohol in our nation’s capital, which they’ll no longer be allowed to do.

That said, the medical marijuana and decriminalization laws in D.C. will remain in effect.

And it is MPP’s opinion that the ballot initiative that 70% of D.C. voters passed on November 4 will be allowed to move forward. This initiative — which removes penalties for adult possession and home cultivation — would take effect in approximately March (unless Congress affirmatively blocks the initiative).

The federal spending bill also prohibits the U.S. Justice Department from interfering with state-level hemp laws.

Finally, marijuana has become a big issue on Capitol Hill, which is a precursor to ending federal prohibition.

Two Thirds of Americans Want Congress to Exempt States from Federal Marijuana Enforcement

A new study shows that an overwhelming majority of Americans want the federal government to stay out of state-level affairs associated with changes in marijuana law.

According to The Washington Post, that is one of the conclusions of a survey on legal marijuana recently commissioned by Third Way:

The survey found Americans split on the question of full legalization, with 50 percent supporting versus 47 percent opposed. However, the poll did find that six in ten respondents said that states, not the federal government, should decide whether to make marijuana legal. Moreover, 67 percent of Americans said Congress should go further and specifically carve out an exemption to federal marijuana laws for states that legalize, so long as they have a strong regulatory system in place.

How this would work for marijuana is detailed in an exhaustive forthcoming study in the UCLA Law Review. In short, Congress could allow states to opt out of the Controlled Substances Act provisions relating to marijuana, provided they comply with regulatory guidelines issued by the Department of Justice.

This is already the de-facto federal policy toward Colorado, Washington, Alaska, and Oregon, although it cannot become a formal policy without an act of Congress. Third Way heartily endorses this approach, as it represents a “third way” between the current policy of outright prohibition, and the full legalization route favored by marijuana reform activists.

It is time for Congress to get out of the way and let states determine what marijuana policies work best for them.