Denver’s flourishing and tightly regulated medical marijuana industry will be the subject of a “60 Minutes” report this Sunday.
With Colorado voting on whether to regulate and tax the rest of the state’s marijuana market on Nov. 6, this should be an interesting episode.
Viewers can see the segment on Sunday, Oct. 21 at 7:30 p.m. ET and 7:00 p.m. PT on their local CBS affiliate. Those of you in the Denver area can see it at 6:00 p.m. MT on Channel 4.
UPDATE: The full segment can be viewed here.
60 Minutes, CBS, Denver, industry, market, Medical Marijuana
A new audio recording reveals a disturbing example of current NYPD practices, specifically the “stop and frisk” policy of stopping and searching pedestrians without warrants or probable cause. A 17-year-old named Alvin, who made the recording, explains in the video below that he had been repeatedly stopped and searched by the police for no apparent reason and so had decided to record the next incident. Upon being asked why they are stopping him, the officers on the recording explain that his offense is “looking back at us like that” and “being a fucking mutt.” They then threaten to slap him in the face and break his arm.
The full audio recording is available at The Nation.
The NYPD’s numbers report that the department stopped and frisked 684,330 people last year, which as the Wall Street Journal points out, was “14 percent more than in 2010 and about seven times the number in 2002.” City officials claim the program is effective in reducing crime and getting guns off the streets. However, the New York Civil Liberties Union disputes this, pointing out that less than 0.2 percent of the stops yielded any guns, and approximately 88 percent of the stops did not result in arrests or even citations.
One aspect of the stop and frisk policy, namely the “Operation Clean Halls” program, is ostensibly aimed at drug dealing in and around low-income apartment buildings. The tactics are now being challenged in court, with Assistant District Attorney Jeannette M. Rucker testifying that people are being arrested on trespass charges for being in or around buildings which they actually live in or where friends they’re visiting live.
The tactic also seems to facilitate arrests on marijuana charges. In 2011, there were approximately 50,000 arrests made in the city for minor marijuana possession. This is despite a New York state law, which since 1977 has essentially decriminalized possession of up to 25 grams of marijuana. Under this law, the offense is only punishable by small fines or up to 15 days in prison if it is the individual’s third such offense within a three-year period. A new lawsuit filed by the Legal Aid Society claims that people are being illegally arrested on minor marijuana charges, sometimes for “public display” of marijuana, which is a criminal offense carrying up to 90 days in prison. Attorneys suggest, however, that the “public display” often simply involves defendants in stop-and-frisk encounters being ordered by police to empty their pockets.
This seems to be not only an attempt to get around the decriminalization law, but also in violation of the recent directive from the city’s Police Commissioner criticizing such practices. Governor Cuomo also introduced legislation earlier this year to remove the “public display” loophole, but the proposed measure did not pass.
As marijuana possession is generally a private activity, which goes mostly undetected without intrusive practices by the police, the stop-and-frisk program is likely responsible for the bulk of these unnecessary arrests. The solution seems obvious: the city should simply abandon the stop-and-frisk program, thereby saving a great deal of time and money, not to mention sparing innocent New Yorkers needless harassment.
ACLU, Assistant District Attorney Jeannette M. Rucker, Cuomo, NYPD, Operation Clean Halls, public display, search and seizure, stop and frisk
The Rorschach Inkblot test asks people to make up stories about ambiguous pictures. Rorschach’s hope was that the tales people told about each blot would reveal something about personal predilections and an approach to the world. Well, our friends at the National Institute on Drug Abuse have just published a nice inkblot test for the media. The experiment, “Tolerance to Effects of High-Dose Oral D9-Tetrahydrocannabinol and Plasma Cannabinoid Concentrations in Male Daily Cannabis Smokers,” is about (you guessed it!) developing tolerance to THC. We’ll see how media handle the implications of the results. It’s either a reassuring result for those concerned about safety on the roads or a chance for misguided alarms about purported dependence.
The experimenters drafted 13 guys who were experienced cannabis smokers to stay in the lab for several days. Each day, they had to swallow more and more Marinol. Marinol is pure THC in a pill, but without the cannabinoids and various compounds found in whole plant cannabis that mitigate the psychotropic effects of THC and perform other beneficial health functions. Many people have reported that Marinol left them far more impaired than plant cannabis, undoubtedly for this very reason. In fact, one guy dropped out “for personal reasons” and another “due to psychological reactions to THC.” These guys had smoked marijuana at least 1,000 times, so I’m guessing that they would have had a handle on “psychological reactions to THC” if they’d been allowed to (heaven forbid!) use their own stash. But the dosage was nothing to sneeze at — 120 mg of THC per day — or the equivalent amount of THC as three joints of decent medical cannabis in the U.S.
Why use Marinol instead of vaporized cannabis? As the authors proudly assert, “Many patients take oral cannabinoids daily for weeks or months with persisting beneficial clinical effects.” Yes. It is now okay for researchers at NIDA to say that oral cannabinoids are good. They mean Marinol, of course, but explaining why this wouldn’t apply to edibles is going to take quite the pretzel twist of logic. Stay tuned.
So what happened? As the title suggests, subjective reactions dropped dramatically in a few days. The guys were only about half as “high” by day five as they were on the first day of taking Marinol. But the amount of THC in their blood remained the same. That’s the definition of tolerance — a decreased effect with the same dosage. So the same guy with the same amount of THC in his blood felt fewer effects on one day than he did a couple days before.
What does this mean? Ah! That’s the real Rorschach Inkblot test for the media. What it really means is that tolerance to the subjective effects of THC is a lot like the tolerance we see for prescription drugs like Vicodin and other over-the-counter drugs like Benadryl. Folks who feel high at first don’t feel it after a few doses. It’s not much of a leap to assume that these effects correlate with motor skills. All the worry about medical users screwing up at work is probably misplaced; they’ll be tolerant after a few doses. And per se driving laws that suggest that a certain amount of THC in the blood means someone is definitely impaired are on thin ice. Different people with different levels of tolerance will react differently to the same dosage.
But Vicodin and Benadryl are not the center of fierce and emotional debates about driving. Antihistamines and prescription opiates alter subjective states. They can impair performance on the road, too, but their subjective effects decrease after a few doses. Notice that you don’t see widespread debate about how much of each of these drugs you’re allowed to have in your blood when you sit behind the steering wheel. Why should cannabis be any different?
As an aside, roadside sobriety tests that require actually doing something (standing on one foot, walking a straight line) are a good indicator of how well people can drive. They certainly beat the number of nanograms of metabolites of cannabis, Vicodin, or Benadryl per unit of blood. They’re also sensitive to conditions that have nothing to do with drugs, like fatigue or illness. But if the media mention any of these points, color me surprised.
What will the media do instead? I’m guessing here, and I hope I’m wrong. But I bet they’ll scream, “Tolerance! Oh no! That means THC leads to dependence.” This little logical leap is quite elegant. Alarmists might use these data to say that THC must be likely to cause dependence. Of course, one symptom does not make a dependence diagnosis. And we might actually have to think a minute about why tolerance is a symptom of dependence in the first place. With toxic drugs like alcohol and tobacco, the more you ingest, the more you hurt yourself. So tolerance to these drugs means people take more to get the same subjective effect, leading them to more and more damage. For alcohol and tobacco, this means greater risks of cancer, for example. But THC’s toxicity has been hard to find without elaborate equipment looking intensely at dinky portions of the brain after multiple years of use. And some of these studies end in big surprises. For example, two years of exposure has made rodents more likely to stay alive and less likely to get tumors, which is the exact opposite of toxicity.
So, we’ve discovered that the subjective effects of THC decrease after repeated doses. The finding’s unambiguous, but the stories people will tell about it could be as different as responses to an ink blot. Unfortunately, this ambiguity could end up having serious implications as states continue to experiment with alternatives to marijuana prohibition.
Dr. Mitch Earleywine is Professor of Clinical Psychology at the University at Albany, State University of New York, where he teaches drugs and human behavior, substance abuse treatment and clinical research methods. He is the author of more than 100 publications on drug use and abuse, including “Understanding Marijuana” and “The Parents’ Guide to Marijuana.” He is the only person to publish with both Oxford University and High Times.
cannabinoids, dosage, Marinol, Mitch Earleywine, National Institute on Drug Abuse, NIDA, THC, tolerance, tumors
We are now 18 days away from the elections, and three states are poised to lead the way in ending marijuana prohibition! Passage of any of these initiatives will set the tone for marijuana reform nationwide, so it’s important to everyone who cares about this issue, no matter what state you live in.
As more and more people learn about the failure of marijuana prohibition and are presented with the facts, support for changing our laws grows. We can’t change the conversation, however, until we start it. Now, you have the opportunity to start a conversation about marijuana reform with the people in a position to make that reform reality: registered voters.
The Campaign to Regulate Marijuana Like Alcohol has set up a system that makes it easy for anyone to call registered voters in Colorado and ask them to vote “YES” on Amendment 64.
Just click here and you can help change history:
You can make the difference in this election. It’s your call.
A64, Amendment 64, Campaign to Regulate Marijuana like Alcohol, Colorado, election, phone, Prohibition, voters
Of the 17 states that have passed medical marijuana laws, only one — Montana — has experienced a serious legislative effort to repeal the law.
How could this have happened, and what can advocates in other states learn from Montana’s experiences?
Fortunately for those of us who work to pass — and improve — medical marijuana laws, an excellent new documentary film provides a unique and insightful view of Montana’s 2011 repeal effort. Code of the West, directed and produced by Rebecca Richman Cohen, recently made its debut and is now being screened at film festivals and other venues across the United States.
I had the honor of presenting Code of the West at its New Hampshire debut Friday evening at the New Hampshire Film Festival in Portsmouth. As an MPP legislative analyst monitoring the ongoing action in Montana, I was familiar with the events depicted, but seeing these events unfold on the big screen — against the stunning backdrop of Montana’s rugged mountains — provides a more complete experience than any number of newspaper articles could possibly supply.
In a nutshell, the repeal advocates depicted in Code of the West are appalled by the proliferation of unregulated medical marijuana dispensaries in Montana and by the ease with which non-patients appear to be qualifying for medical marijuana cards. Instead of seeking regulations to curb these perceived abuses, they lead an organized effort to repeal the law.
Despite being a very well-made film, a few scenes in Code of the West are difficult to watch:
The film’s main subjects are medical marijuana advocates led by Tom Daubert — a well-respected political professional whose life is turned upside-down by an unjust federal prosecution — and repeal advocates led by a group of concerned parents and Montana House Speaker Mike Milburn.
Although the attempt at full repeal does not succeed, the film does not have a happy ending for patients and their advocates, as legislators resist common sense efforts to regulate the medical marijuana industry. Instead, they opt to pass SB 423, an ultra-restrictive “repeal in disguise” that will dramatically limit patients’ access.
A year after the film’s action concludes, Montana’s struggle to achieve a sane medical marijuana policy continues, and many conflicts described in the film remain unresolved.
Despite his efforts to pass regulations and improve Montana’s medical marijuana law, federal prosecutors brought felony charges against Daubert for his involvement with a medical marijuana dispensary, giving him little choice but to plead guilty. In September, Judge Dana Christenson ignored prosecutors’ request for a lengthy prison term and instead sentenced Daubert to five years of probation.
Another of the film’s subjects, Daubert’s former business partner Chris Williams, was recently convicted on eight felony counts and, astonishingly, faces mandatory minimum sentences that could keep him incarcerated for life. Williams’ attorney is currently seeking a new trial. Sadly, yet another of Daubert’s former business partners, Richard Flor, was sentenced to a five-year prison term earlier this year and died in federal custody August 30 after being denied medical care that had been recommended by a judge.
Fortunately, Montana voters will have an opportunity to reject the legislature’s “repeal in disguise” when they go to the polls Nov. 6. Regardless of how Montana’s IR-124 fares at the ballot box, Montana’s legislature should learn from the experiences portrayed in Code of the West and pass sensible regulations for medical marijuana providers in 2013.
For more information on Code of the West, including how to schedule a screening in a town near you, click here. If you submit a request, you’ll receive more details, including information on screening fees and the option to preview the film.
Chris Williams, Code of the West, Montana, Richard Flor, Tom Daubert
A medical marijuana grower in Ellsworth, Maine received a pleasant surprise on Saturday: a marijuana delivery from the police. Thomas Davis, a state-licensed medical marijuana caregiver and grower, lost 17 marijuana plants from his greenhouse in a burglary on Wednesday night. The thief, 32-year-old Aaron Pert, was arrested soon afterward and charged with offenses including marijuana possession, burglary, and theft. He confessed to breaking into the greenhouse and stealing the plants and led the police to the location where he had hidden the majority of the stash. However, the police delayed returning the marijuana to Davis for two days, concerned that they might be violating federal law, which makes all marijuana possession, cultivation, and distribution criminal offenses.
According to Ellsworth police lieutenant Harold Page, this was the first case in the state in which marijuana had been stolen from a licensed medical marijuana provider, so the police department consulted with the Maine DEA as well as the state’s attorney general as to whether they should return the plants. Ellsworth Police Chief John DeLeo stated on Monday that as far as he was concerned, returning the plants was legal.
The delay led to the majority of the marijuana being ruined by mold. Davis estimated that he lost about six months’ worth of the crop and could only salvage 15 percent of it, enough for one month. He mentioned other licensed marijuana providers who are considering giving him some of their own plants to make up for the loss, but said that otherwise, his patients might soon need to look elsewhere for their medicine.
Davis, however, sees an upside to the situation. He said thieves may have assumed that they could steal from legal medical marijuana growers with impunity, since theft of plants from illegal marijuana growing operations would certainly go unreported to the police. Hopefully, as Davis suggests, his case will serve as a precedent for both the police, who might not be so hesitant to return stolen marijuana in the future, and to potential thieves. “It’s not the Wild West out here,” he said. “I feel like most of what I’m salvaging is a chance to get this out to the public, to let people know they can’t target medical marijuana patients and growers. The police will protect us.”
The astute readers of the MPP blog no doubt recall the Los Angeles City Council’s terrible decision to ban medical marijuana dispensaries back in July. Unfortunately, the council didn’t stop there. They then made the decision to circumvent California law by asking the LAPD to work with the Drug Enforcement Agency to shut down dispensaries that were based in L.A. After the ban was passed – and while the council was busy making fast friends with the DEA – activists were busy gathering the necessary signatures to place a referendum on a ballot to repeal this ban. The activists succeeded, meaning the council had two options: repeal the ban themselves or put the referendum on a special election or the March mayoral ballot allowing the residents of Los Angeles to have the final say.
Today the council – joined once again by Councilmember Bill Rosendahl who returned to council duties after going through chemotherapy – held their vote on whether or not the previously enacted ban would stand. In a move that surprised me, the council preliminarily voted to repeal the ban by an 11 – 2 vote. The council will have to take a second vote on repealing the ban next week. If eight of the 11 “yes” votes hold steady, the ban will be repealed.
The council also took up a proposal to urge state lawmakers in Sacramento to pass sensible regulations that would allow medical marijuana patients to safely and immediately obtain their medicine while preventing diversion and unsavory business practices. This entirely reasonable request of Sacramento passed easily: 13 – 0.
MPP is incredibly grateful for all the good and hard work put in by local activists who gathered the necessary signatures to force the repeal vote. This would never have happened without their commitment to safe access.
The Arkansas Supreme Court ruled on Thursday that a medical marijuana voter initiative can remain on the state’s ballot for the upcoming elections. The Coalition to Preserve Arkansas Values had brought suit against the initiative, claiming that its proposed description on the ballot was misleading, in that it did not sufficiently emphasize the illegality of marijuana under federal law. The proposed language has already been revised more than once in response to similar comments from the state’s attorney general. The court characterized the ballot summary for Arkansans for Compassionate Care’s initiative as “an adequate and fair representation without misleading tendencies or partisan coloring,” dismissing the conservative coalition’s complaint.
If the initiative, known as Issue 5, is successful, medical marijuana patients approved by the state’s Department of Health would be authorized to possess marijuana, as well as to cultivate a limited number of plants for their own use. They would also be permitted to purchase the drug from any of a maximum of 30 non-profit dispensaries. The approved summary of the initiative mentions specific diseases for which marijuana could be authorized as a treatment, including AIDS, cancer, glaucoma, ALS, PTSD, and Crohn’s disease, as well as any “chronic or debilitating” disease which produces particular symptoms including severe nausea, chronic pain, wasting, persistent muscle spasms, or seizures. The measure has a slight lead in the polls.
Arguments from opponents of the issue were based on speculation or distraction rather than medicine. Jerry Cox, president of the Family Council Action Committee, a member of the coalition which filed suit against the measure, claimed that the “real agenda” of the initiative was to completely legalize marijuana. He based this on the fact that many supporters of medical marijuana also support farther-reaching marijuana law reform. Larry Page, the director of the Arkansas Faith and Ethics Council, another member of the coalition, made a similar red-herring argument, calling it “the first incremental step to legalizing marijuana for recreational use.”
But the question on the ballot, of course, deals with the medical use of marijuana for serious illnesses, which the scientific evidence supports. Cox further claimed in complete seriousness that since smoking tobacco is harmful for your health, medical marijuana must be useless and even harmful. He added the claims that marijuana is addictive and that marijuana use would increase if medical use were allowed. Studies show, however, that relaxing criminal penalties has no effect on usage rates, while the Institute of Medicine states that if marijuana dependence exists, it is mild and rare compared to most other drugs. Voters will hopefully see through the coalition’s claims to the contrary, making Arkansas the 18th state in the U.S., and the first in the South, to recognize the medical value of marijuana.
Arkansans for Compassionate Care, Arkansas, Issue 5, Medical Marijuana, Supreme Court
As we covered earlier, Fiona Apple was recently arrested for possession of marijuana and hash in Sierra Blanca, TX. Penalties for hash are severe in Texas, and Apple is facing up to ten years in prison. She is out on bail and was able to perform on stage. In response to some statements Fiona Apple made about her treatment after being arrested , a spokesman for the Hudspeth County Sheriff's Office fired off an interesting letter.
From the Daily Beast:
First, Honey, I’m already more famous than you, I don't need your help. However, it would appear that you need mine….
Two weeks ago nobody in the country cared about what you had to say, — now that you’ve been arrested it appears your entire career has been jump-started. Don’t worry Sweetie, I won't bill you…
Next, have you ever heard of Snoop, Willie or Armand Hammer? Maybe if you would read something besides your own press releases, you would have known BEFORE you got here, that if you come to Texas with dope, the cops will take your DOPE away and put YOU in jail…
Even though you and I only met briefly in the hallway, I don't know you but I'm sure you're an awesome and talented young woman and even though I'm not a fan of yours, I am sure there are thousands of them out there, and I’m sure that they would just as soon you get this all behind you and let you go back to what you do best—so my last piece of advice is simple "just shut-up and sing."
Sincerely,
Rusty Fleming
I'm not sure what is more disturbing: the fact that Fleming is reveling in the fame he gets by wasting taxpayer dollars going after high-profile, non-violent marijuana users, or the condescending, paternalistic tone he uses to try to belittle Apple.
If you have a problem with this sort of behavior from a public official, please call the Hudspeth County Sheriff's Office at (915) 369-2161 and politely let them know.
Daily Beast, Fiona Apple, Hudspeth, Ray Fleming, Sierra Blanca
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.
Dan Riffle, decriminalization, initiative, marijuana, marijuana decriminalization, Missouri, ordinance, petition, Show Me Cannabis, Springfield Missouri