Tag Archives: marijuana

World Series Highlights Importance of Medical Marijuana Reciprocity

When the San Francisco Giants and Detroit Tigers face off in game one of the World Series tonight, it will be the first time two teams from different medical marijuana states meet in the Fall Classic (The Giants and Angels played an intrastate series in ’02). There may be a smattering of Tigers fans in attendance, but unless they’re transplants living in California, they probably won’t be medical marijuana patients. When the series shifts to Detroit for game three, however, patients in California will be able to follow their team to Detroit with their medicine. Why the difference? Reciprocity.

Reciprocity is what allows patients to travel from one medical marijuana state to another. States that have it recognize the legitimacy of those out-of-state patients’ ID cards, at least for a short period of time and under some limited exceptions. For example, some states only provide protections for visiting patients who would qualify under their own laws, so a patient from California who uses marijuana to treat insomnia would not be able to use marijuana in Arizona, where insomnia is not a qualifying condition.

Here’s what Michigan’s law says:

“Visiting qualifying patient” means a patient who is not a resident of this state or who has been a resident of this state for less than 30 days.

A registry identification card, or its equivalent, that is issued under the laws of another state … that allows the medical use of marijuana by a visiting qualifying patient … shall have the same force and effect as a registry identification card issued by the department.

There are 17 states that allow patients with doctors’ recommendations to use medical marijuana, but only five—Arizona, Maine, Michigan, Montana, and Rhode Island—include reciprocity. All of those states’ laws were drafted by MPP.

So how does a medical marijuana patient travel, you might ask? It would be very risky to drive from, say, California to Michigan, since that would involve passing through plenty of states that don’t recognize any form of medical marijuana. And while you might think the T.S.A. won’t take too kindly to flying with medical marijuana, they do have an unofficial policy of deferring to state and local authorities, and there are a few examples of patients boarding planes after their medication turned up at the security checkpoint. Obviously we don’t recommend Giants fans doing so without checking with the T.S.A. in Detroit first.

So there you have it. No word on whether two-time Cy Young winner, World Series champion, and noted marijuana user Tim Lincecum is aware of the policy.

End Of Democracy Watch: Springfield, Missouri

When a dedicated group of activists hoping to reform Springfield, Missouri’s punitive marijuana laws turned in thousands of signatures they had collected fair and square, they thought the next step would be for voters in Springfield to decide whether or not to support their proposal. In other words, they thought the initiative process works like common sense says it should. They were wrong. What happened next is an example of disenfranchisement so egregious it belongs in a work of fiction.

The Springfield City Council, as is their legal right, went ahead and passed the ordinance, meaning it would not be placed on the November ballot. Their stated reason for this was that they didn’t want the city to have to front the cost of printing the issue on general election ballots. In other words, they were just trying to save the city some money, they said. Normally, at this point, the story would be over. But this is Springfield.

Immediately after the council passed the ordinance, they voted to “table” it, so they could amend the law to their liking. Some wanted to raise the $150 fine, which they thought was too low. Others wanted to remove a provision establishing a “citizen oversight commission.” It gets worse. After 150 people showed up to offer their testimony—the overwhelming majority in support of the original ordinance—four of the nine councilmembers moved forward with a plan to repeal the entire ordinance, stripping citizens of their fundamental right to vote on the proposal. Here’s a quote from one of those councilmembers, and I promise I’m not making this up: “I’m going to support passing, and then gutting, the entire ordinance,” said Councilman Jeff Seifried. “This is the fiscally responsible way to do business.”

Last night those oligarchs councilmembers followed through on their intentions and repealed the ordinance. The petitioners from Show Me Cannabis Regulation who gathered the signatures are assessing their options now. They have 30 days to gather more signatures to repeal the council’s vote (which, of course, could then be overturned by the council). More likely, they’ll sue to challenge the council’s action as violating the city charter’s initiative language. Either way, one thing is clear: the Springfield, Missouri City Council does not care about your voting rights.

Marijuana Decriminalization Gets Conservative Support In Indiana

Marijuana reform is a hot topic of conversation in state legislatures around the country and not just in traditionally liberal states like California and Rhode Island. In fact, bills to make marijuana possession punishable by a fine only, rather than jail time, were introduced this year in conservative bastions like Arizona and Tennessee, and it’s a too-well-kept secret that such laws have been on the books since the ’70s in Mississippi, Nebraska, Ohio, and several other less-than-liberal states.

You can now add Indiana to the list of states where the conversation has gone mainstream. Last week, influential Republican state Senator Brent Steele (R-Bedford) announced he’d be introducing legislation to make possession of up to 10 grams of marijuana an “infraction,” punishable by fine, rather than a criminal misdemeanor.

“We have to ask ourselves as a society, do we really want to be locking people up for having a couple of joints in their pocket,” Steele told local media. “Is that how we want to be spending our criminal justice resources?” Steele also pointed out that several other states have already embraced similar policies, noting that “society didn’t melt down, and we didn’t turn into a drug-crazed culture as a result of it.”

Similar legislation has been introduced before by state Senator Karen Tallian (D-Portage), but without the support of Republicans, who hold a majority in both chambers, it never got off the ground. Speculation is that Steele’s support could change that. Steele, who is closely allied with Indiana prosecutors and is described by Indiana political veterans as a “rock-ribbed law-and-order guy,” chairs the powerful Senate Committee on Corrections, Criminal and Civil Matters where the bill would likely be assigned.

Another Group of Victims in the War on Marijuana

In another example of drug war excess, officers raided and vandalized the home of Beach Park, Illinois resident Paul Brown on Friday afternoon of last week. The apparent impetus for the raid was a mysterious package delivered to the house 10 minutes earlier. Brown’s son-in-law, Wilmer Aries, received the package and noted that it was not addressed to any of the house’s residents. Instead, it bore the name “Oscar” and an unfamiliar last name.

Brown, a 58-year-old architect, explained that the officers with the Lake County Metropolitan Enforcement Group broke down his front door in the no-knock raid, handcuffed him, and pointed a gun at his face. “The garage door was open. They could have just walked in,” he said. “They didn’t have to crash the front door down.”
Although the officers seized the package, claiming it contained marijuana, their two-hour ransacking of the house, including ripping out insulation from the basement walls, uncovered no evidence to incriminate anyone in the house and led to no arrests. “They were upset they didn’t find anything. When I asked them who was going to pay for the door they basically said, ‘Not us’,” said Brown, who noted the door on his luxury home was valued at $3,000 some 12 years ago and the lock set was another $130 from Home Depot.

Brown even noted that the officers, far from apologizing for their mistake, seemed to be congratulating each other on the operation with high fives and fist-bumps. His subsequent calls to the MEG were not returned, nor were calls from news outlets. He has hired a lawyer to file a civil suit and explains that he and his 77-year-old mother-in-law were particularly shaken by the incident. “She’s afraid to even take a nap on the couch now,” he said. “I can hardly sleep. It changes your frame of mind.” His lawyer, Christopher Cohen, characterized the Browns as “innocent bystanders in the war on drugs.”

As Reason.com notes, this is not the first time a wrongful no-knock raid was carried out in the U.S. based simply on the delivery of a package of marijuana. In 2008, the home of Cheye Calvo, mayor of Berwyn Heights, Maryland, was raided by a SWAT team and his two dogs fatally shot. The mayor complained, leading to an investigation, but as the raid was ultimately ruled legitimate, this will likely not be the last such incident.

Gary Johnson Calls Attention to Marijuana Prohibition

Gary Johnson, this year’s Libertarian Party candidate for president, spoke at a rally on Tuesday outside the Democratic National Convention. He criticized both President Obama and Republican presidential candidate Mitt Romney for avoiding one of the nation’s most important political issues. Obama has laughed off or ignored persistent questions about marijuana legalization, while Romney is equally dismissive, calling the issue insignificant.

During his two terms as governor of New Mexico, Johnson established himself as the highest-ranking public official to call for a dramatic shift in the nation’s drug laws. He explains that during his two terms, he applied a cost-benefit analysis to every issue. Regarding costs of the war on drugs, he has cited the United States’ world-record incarceration rate and the fact that approximately half of current criminal justice expenditures deal with drug cases.

On his campaign website, the former governor also refers to the harms of alcohol prohibition and the parallel harms of current drug prohibitions, including the enrichment of organized crime and the associated violence. The site clearly states his support for legalizing marijuana, specifying that the federal government should “end its prohibition mandate” and allow the states to determine their own policies. This is one area where he agrees with former Republican presidential contender and libertarian icon Ron Paul, to whom he has compared himself and whose supporters he may be courting. Although he does not explicitly call for legalization of other drugs, he does refer to drug abuse as a public health issue rather than a criminal justice problem, making reference to the decriminalization which is in effect in Portugal and presenting it as a model for the U.S. to consider.

Johnson’s support in national polling remains quite low, and his name has often been omitted from the polls. It is likely that he will be excluded from the presidential debates, which does not bode will for his chances of ultimately winning the presidency. However, Johnson is the most prominent advocate of drug policy reform in the race and is expected to be on the ballot in all 50 states. Support of even 5% puts him at the top of the pack of third parties, as it dwarfs the best-ever presidential results for both the Libertarian Party itself and the Green Party, whose candidate Ralph Nader won 2.7% in the 2000 elections. His position in the race not only makes him a significant figure in the drug policy reform movement, but should work to raise public awareness of the issue and to improve the prospects for real reform.