In a crucial win for patients in Michigan, the state Supreme Court ruled yesterday that the state’s zero tolerance driving under the influence law does not apply to medical marijuana patients when it is based on the mere presence of THC in a patient’s blood stream. Because THC can remain in a person’s system for days after it is consumed, the only other result would have meant that thousands of medical marijuana patients would be driving illegally simply for having used their medicine hours or days earlier.
[caption id="attachment_6462" align="alignright" width="128"] Rodney Koon[/caption]
Rodney Koon — a medical marijuana patient — was stopped while driving and later accused of a DUI because he had THC in his system. He said he had not used his medicine in six hours. The state Supreme Court found that under the Michigan Medical Marijuana Act — which was drafted by MPP — a registered patient cannot be penalized or arrested for the “internal possession” of marijuana, so long as the patient complies with the requirements of the law. The initiative’s protections trump the state’s zero tolerance law for registered patients. The court noted the law does not allow patients to drive when they are under the influence of marijuana.
Last Friday, the Organization of American States (OAS) gathered in Bogotá, Colombia for the release of its $2 million report, ”The Drug Problem in the Americas,” which characterized marijuana as a relatively benign drug.
The 400-page study concluded that if the United States was sincere in its desire to reduce drug violence in the western hemisphere, then it would have to seriously rethink its stance on marijuana and look into more rational drug policies:
“It would be worthwhile to assess existing signals and trends that lean toward the decriminalization or legalization of the production, sale, and use of marijuana. Sooner or later decisions in this area will need to be taken.”
[caption id="attachment_6458" align="alignleft" width="144"] Jose Miguel Insulza[/caption]
The discussion is long overdue, according to OAS Secretary-General José Miguel Insulza, and most Latin American leaders – “whose countries suffer the bloody brunt of the largely failed U.S.-led drug war” – agree.
This is not the first time the Obama Administration has been asked by its neighboring governments to consider adopting more lenient marijuana policies in order to help combat the violent drug cartels that plague Latin America. The question was raised at last year’s Summit of the Americas.
The response from American officials was typical: making marijuana legal is not an option they will consider.
Rafael Lemaitre, spokesman for the White House’s drug czar, said in response to the report that “any suggestion that nations legalize drugs like heroin, cocaine, marijuana, and methamphetamine runs counter to an evidenced-based, public health approach to drug policy and are not viable alternatives.”
It is hardly “evidence-based” to lump marijuana in with the other drugs mentioned in that statement. Studies have conclusively shown that marijuana is objectively safer than all of them, including legal alcohol. Nor is it in the interest of public health to continue allowing the marijuana industry to be controlled by violent criminal organizations.
Latin America can attest to the fact that this drug war has a real body count. The United States needs to take responsibility for its failed policies and be willing to listen to its neighbors.
Bogota, Cartels, Columbia, drug czar, Jose Miguel Insulza, Obama, ONDCP, Organization of American States, Rafael Lemaitre
The Mayor of San Diego is encouraging jurors of an upcoming medical marijuana case to reject the prosecution’s argument, which rests on the fact that marijuana is banned at the federal level.
The feds arrested Ronnie Chang of San Marcos in 2009 for operating a medical marijuana dispensary. He is just one of the many Californians who have faced legal consequences for their state-sanctioned efforts to bring relief to patients.
[caption id="attachment_6451" align="alignright" width="210"] Mayor Bob Filner[/caption]
Mayor Bob Filner is outraged at Chang’s situation. “Someone should not be going through this stage of prosecution for trying to help people to have access to medical marijuana,” he told reporters.
A champion for civil rights and a former Freedom Rider, Mayor Filner wants jurors to send a message to the federal government this fall, when Chang’s trial is expected to begin.
“[I]t’s time, like with Prohibition, to step back and say this was a stupid thing to do…and juries ought to take the lead in saying that to the federal government.”
In a process known as “jury nullification,” Mayor Filner hopes that those selected to listen to Chang’s case will place their consciences above the evidence and acquit him of any wrong doing.
Let’s hope the jury heeds Mayor Filner’s bold cry for action.
Bob Filner, dispensary, jury, nullification, Ronnie Chang, San Diego, San Marcos
After "only" 10 years of lobbying in Springfield, MPP has finally succeeded at persuading the Illinois Legislature to legalize medical marijuana. The Senate approved the measure 35-21 Friday, and it received approval from the House of Representatives by a vote of 61-57 on April 17.
If Gov. Pat Quinn (D) signs the bill, Illinois will become the 19th or 20th state to legalize medical marijuana. (New Hampshire is also on the verge of passing MPP's medical marijuana legislation, so it's a race to see which state will be first!)
The Associated Press reports:
“We are hopeful that Gov. Quinn will join legislators and the vast majority of Illinois voters in supporting this proposal,” [MPP's Dan] Riffle said. “Marijuana has proven medical benefits, regulating it works, and there is broad public and legislative support for doing it. This is a no-brainer.”
If the Illinois bill becomes law, as many as 60 retail establishments will be licensed to sell medical marijuana to patients with cancer, HIV/AIDS, multiple sclerosis, and other serious illnesses.
Gov. Quinn has made some positive comments about our bill, but we still don't know whether he'll sign it. Over the next few months, we must focus on ensuring that the governor sides with the forces of compassion and fiscal prudence, rather than the forces of fear and fiscal waste.
House, Illinois, legislature, multiple sclerosis, New Hampshire, Pat Quinn, Senate, Senate Judiciary Committee, Springfield
Politicians are slowly coming around to the idea that states and localities should be able to determine their own marijuana policies, and that the federal government should stay out of the way. Is your mayor one of these?
You can help bring them into the Marijuana Majority by contacting your mayors and asking them to support sensible policy reform!
It looks like Ultimate Fighting Championship and the New Jersey Athletic Control Board have not caught on to the changes in marijuana testing thresholds proposed by the World Anti-Doping Agency. Fighter Pat Healy has been fined, suspended, and his win changed to a "no contest" after testing positive for marijuana after his victory over Jim Miller two weeks ago.
According to UFC president Dana White, his organization will continue to abide by the standards set by various state athletic commissions when it comes to drugs. He does not, however, seem overly concerned with testosterone replacement therapy, which, while legal, can significantly increase the performance of athletes. This means that it is up to state athletic commissions to heed the advice of WADA.
[caption id="attachment_6435" align="alignright" width="125"] Pat Healy[/caption]
Healy apologized for the incident, saying he made a "very poor choice" and promised to "make a conscious effort to be a better role model within the [mixed martial arts] community."
He shouldn't have to apologize. Not for using a substance that is safer than alcohol and does not overtly enhance performance.
Dana White, Jim Miller, New Jersey Athletic Control Board, Pat Healy, testosterone replacement therapy, UFC, WADA
The World Anti-Doping Agency (WADA) raised the threshold for a positive test for marijuana from 15 nanograms per milliliter to 150 nanograms per milliliter, significantly reducing the likelihood of detection for athletes who use the drug.
“We wanted to focus on the athletes that abuse the substance in competition,” said Julie Masse, WADA’s director of communications. “This should exclude cases where marijuana is not used in competition.”
Although marijuana is not considered a performance-enhancing drug, WADA included it on its initial list of prohibited substances in 2003 after caving in to pressure from U.S. sports officials.
“From a sports perspective, I was rather ambivalent (toward marijuana),” stated Richard Pound, an attorney who was WADA’s initial chief and still serves on the Foundation Board. “As we morphed into WADA, the USA was very keen to have it included.”
Although marijuana thresholds and testing are vague indicatives rather than precise measurements of use, WADA hopes that the new limit will lessen the chance that responsible recreational users will suffer disciplinary action. In recent years, a number of athletes, some of them legitimate medical marijuana patients, have faced suspensions and huge fines failing post-competition marijuana tests.
“There is no desire to go soft on the list,” WADA’s Athlete Committee announced, “but members want cheaters to be caught for cheating, not for recreational usage.”
Julie Masse, recreational, Richard Pound, threshold, WADA, World Anti-Doping Agency
According the latest Kentucky Health Issues Poll, 78% of Kentuckians support the legalization of medical marijuana, and 25% say they would be okay with regulating recreational use as well. Only 38% oppose any form of legalization.
Proponents were split when it came to legislative action. Almost half thought the decision should be left up to voters, 23% thought state legislators should change the law, and another 23% believed ending prohibition was the job of the federal government.
[caption id="attachment_6427" align="alignright" width="141"] Sen. Perry Clark[/caption]
Citizens of Kentucky will be happy to know that State Senator Perry Clark (D-Louisville) has been tireless in his push to introduce medical marijuana legislation; unfortunately, his bill has yet to receive a hearing.
Let’s hope more Kentucky lawmakers start listening to the people they claim to represent.
Kentucky, Kentucky Health Issues Poll, Louisville, medical, Perry Clark
Despite a previous lack of clinical data to support their claims, thousands of people suffering from PTSD have reported finding great relief from their symptoms by using marijuana. Now there is some research to add to the anecdotal evidence.
Patients’ gravitation towards marijuana inspired researchers at New York University Langone Medical Center to examine the brain’s response to cannabinoid (CB1) receptors, a first-of-its-kind study, funded by the National Institutes of Health (NIH).
They found that when an individual consumes some of the cannabinoids found in marijuana, CB1 receptors are activated in the brain, impairing memory and reducing anxiety, a blessing for those scarred by past events. With this information, scientists hope to manufacture a “CB1 equilibrium”-promoting, trauma-targeting drug.
It should be noted that NIH departments rejected a study proposal in 2011 that sought to test the effects of whole-plant marijuana on a group of veterans suffering from PTSD.
Currently, New Mexico, Delaware, and Connecticut explicitly allow PTSD as a qualifying condition to use medical marijuana, and a bill to do so will likely pass in Oregon this year. Doctors in California and Massachusetts may recommend medical marijuana for PTSD patients if they think it will ease debilitating symptoms.
cannabinoids, CB1, National Institutes of Health, New York University Langone Medical Center, NIH, post traumatic stress disorder, PTSD
The more people you know who use marijuana, the harder it becomes to say that they should be arrested for possessing it. After all, the vast majority of marijuana users are productive and otherwise law-abiding members of society. This fact has become increasingly evident as more and more people come out of the “cannabis closet” and become open about their experiences with the substance.
[caption id="attachment_6417" align="alignright" width="210"] Dominic Lakhan[/caption]
Last Friday, House Speaker John Boehner’s daughter Lindsay married Dominic Lakhan, a Jamaican-born construction worker. Lakhan was arrested for possession of a small amount of marijuana in 2006.
[caption id="attachment_6418" align="alignleft" width="180"] Rep. John Boehner[/caption]
Is it possible that Boehner, who has consistently opposed marijuana policy reform, will start to come around now that he has a convicted marijuana user for a son-in-law? Does he think Lakhan is better off with an arrest record or that Lakhan deserves to be arrested again for using marijuana? Would he care about how it affects his daughter? Only time will tell.
Let’s hope his experience is similar to that of Republican Senator Rob Portman, who changed his stance on gay marriage after learning that his son is gay. While this position initially caused a slight loss in approval among Republicans in his state, the growing acceptance of gay marriage (which has been nearly mirrored by the increasing support for marijuana policy reform) could actually help him in the long run.
Politicians’ thinking traditionally lags far behind the general public on social issues, but it gets a little harder to ignore when that thinking hurts your own family.
arrest, cannabis closet, gay marriage, Jamaica, John Boehner, Lindsay Boehner, Republican, Rob Portman, Speaker of the House