Earlier this week, Tom Angell of LEAP showed me this video of TV evangelist and political pundit Pat Robertson speaking out about prison overpopulation and harsh sentences for non-violent offenders. In this clip, Robertson, who is known for being a staunch social conservative, repeatedly calls for marijuana to be made legal.
Throughout this segment, Robertson repeatedly blames liberals for the “tough-on-crime” approach that has led to massive over-incarceration. Traditionally, most people are probably used to hearing liberals blaming conservatives for the very same thing. The truth is that there is more than enough blame to spread around on both sides of the political spectrum. It is interesting to note, however, that these statements come just as Vice President Biden is publicly cementing the Obama administration’s firm stance against real reform, even as leaders from across Latin America are calling for decriminalization.
Yesterday, Robertson went a step further and announced his endorsement of Amendment 64 in Colorado and I-502 in Washington, both of which would end criminal penalties for adult marijuana use and treat marijuana in a manner similar to alcohol. While he will not be campaigning for the initiatives, Robertson said the time has come for people of all political and moral backgrounds to get behind them.
“I just want to be on the right side,” he said. “And I think on this one, I’m on the right side.”
Our vice president has a long and storied history of eyebrow-raising and indecipherable comments – “Bidenisms” as they’re known – and he had another doozy to offer yesterday. Speaking to a group of Latin American leaders, who have grown increasingly emboldened in their calls for legalization of marijuana and other drugs due to the deaths of tens of thousands of their citizens at the hands of powerful, murderous drug cartels, Biden offered this: "It warrants a discussion. It's totally legitimate for this to be raised. It's worth discussing … but there is no possibility that the Obama-Biden administration will change its policy on legalization."
Huh? Why bother having the discussion if you’re only going to listen to your half of it? That’s like a judge presiding over a criminal trial even though he’s already sentenced the defendant. Call off your research and pack up your “totally legitimate” policy arguments, this administration won’t be listening to any of it. For an administration that claims it wants to put science before ideology and politics when it comes to drug policy, this seems to indicate there is “no possibility” there will be a change in policy no matter how much scientific research is done. At least legalization is in his vocabulary, I suppose.
Of course, what’s important here is that, whether the administration is listening or not, this conversation is happening. More and more people, including influential heads of state, are joining our side and calling for the end of marijuana prohibition. Voters in Colorado and Washington state will have a chance to join them this November, and if the polls are right, the administration will hear them loud and clear.
Biden, drug cartels, Joe BIden, Latin America, legalization, Mexico, Otto Perez Molina
I just returned to D.C. from a conference in Palm Beach, where I briefly spoke with Gov. Rick Scott (R) about medical marijuana.
When I told him I was representing the Marijuana Policy Project, he responded by saying that he had received only one communication about medical marijuana during these first 14 months of his governorship. (It's likely that he meant to say that he had spoken with only one constituent personally, as opposed to having received only one email message or one phone call from Florida constituents.)
In any case, his comment struck me as odd, because Floridians have consistently been more active via MPP's website than MPP's supporters in literally any other state. This has impressed me, because Florida is only the fourth most populous state, and Florida usually has almost no marijuana-related legislative activity in Tallahassee. So you'd think that Californians or New Yorkers would be more active than Floridians, but this hasn't been the case.
I have no reason to believe that Gov. Scott was trying to fib, because there was no particular advantage or disadvantage to his taking a position on medical marijuana. Indeed, he wasn't even taking a position on the issue.
But I'd like to view my conversation with the governor as a challenge to anyone in Florida who hasn't already called or emailed Gov. Scott to say they'd like him to support medical marijuana legislation in Tallahassee. So, if you haven't already done so, would you please call or email him?
If you live in Florida, you have a greater ability to influence his thinking than I do. And – if you do contact his office – please be polite, because I have the impression that he's open-minded on our issue, at least in the long run.
Cato, drug test, Florida, governor, Medical Marijuana, Rick Scott
Once again, Obama’s DOJ shows no sympathy for medical marijuana patients.
Last April, 12 HIV/AIDS activists were arrested outside of House Majority Leader Eric Cantor’s office as they protested funding cuts to HIV/AIDS and needle exchange programs in D.C. The protesters were offered the standard “Deferred Prosecution Agreement,” requiring them to stay away from the Cannon House Office Building for six months, perform 32 hours of community service, and test negative in three drug tests. If they were able to meet these requirements, the charges against them would be dropped.
Within three months, all of the protestors had completed their community service hours, and 10 of the 12 successfully produced negative drug tests. And this is where the story gets complicated …
Two of the protestors, Antonio Davis and David Goode, used medical marijuana, recommended by their physicians, to deal with pain and other side effects caused by their HIV/AIDS treatment regimens. And though both men submitted letters from their doctors verifying their need for medical marijuana and, moreover, were assured by a judge that marijuana would not be screened for, the U.S. attorney for the District refused to honor the original deal spelled out in the Deferred Prosecution Agreement.
Now, the case has been transferred from one prosecutor to another and yet another, with each new prosecutor setting new conditions and requiring more community service time from the protestors. All of the protestors are now being required to complete a third 32-hour stretch of community service … or go to trial.
But because of failed drug screenings, medical marijuana patients Davis and Goode don’t have this option. They must go to trial and could face up to six months in jail. Meanwhile, Davis has stopped using his doctor-recommended marijuana and is suffering both mentally (worrying about possible consequences of a conviction) and physically (losing 20 pounds) because of it.
It’s insane that federal prosecutors are treating these medical marijuana patients so harshly. Marijuana has continually been shown to reduce the nausea, vomiting, and loss of appetite caused by HIV/AIDS and by the various medications used to treat HIV/AIDS. Observational research has found that by relieving these side effects, medical marijuana improves the likelihood that patients will adhere to life-prolonging treatments. Furthermore, clinical trials have shown that marijuana can significantly reduce a specific type of pain that often afflicts patients with HIV/AIDS — neuropathy, a painful nerve condition for which there are currently no FDA-approved treatments. (Visit the Center for Medicinal Cannabis Research website to view more studies on marijuana’s therapeutic value.)
The story here is just another piece to add to the very puzzling pattern of the Obama administration burying its head in the sand. In the past several months, the administration has cracked down on patients and providers, refused to let a clinical study proceed, and continued to ignore medical evidence … evidence that medical marijuana actually helps sick people! The story here is but one glimpse into the suffering caused by federal obstinance in regard to medical marijuana, and as the old saying goes, “if you’re not outraged, you’re not paying attention.”
Antonio Davis, CMCR, D.C., David Goode, Department of Justice, DOJ, drug testing, HIV/AIDS, Medical Marijuana, Obama administration, victims
Last week, the political blustering of federal lawmakers once again resulted in a law that unfairly targets marijuana users without any proof of effectiveness. On Friday, Congress reached a payroll and benefits deal that allows states to drug test any person applying for unemployment benefits if that person is looking for work in a field where drug testing is commonplace.
Thankfully, states have the option to not take part in this plan. The recent surge in states considering such policies, however, may mean that they may soon become much more common.
Florida’s experience with drug testing people applying for public benefits should have been a wake-up call for lawmakers. After passing a bill requiring unemployment beneficiaries to submit drug tests, Florida authorities soon discovered that not only was drug use extremely rare among those applying for assistance, but drug testing was actually costing the taxpayers more money! The whole point of the law was to decrease costs, so that tough-on-crime politicians could grandstand about how tax dollars in their districts aren’t buying drugs for lazy people.
Congress really needs to stop wasting its time worrying about the tiny percentage of people on public assistance that are marijuana users and instead consider all the taxpayer money they are wasting by arresting people for marijuana use at all.
Congress, drug testing, Federal, FL, Florida, taxes, test, unemployment
UPDATE: Dave Mustaine has clarified his position, saying that he likes Santorum but does not officially "endorse" him.
I was shocked to learn that Dave Mustaine, the singer of Megadeth, endorsed Rick Santorum for president.
If you're not a fan of heavy metal, you might not know that Megadeth is one of the most popular metal bands of all time -- and they're certainly one of the most political bands in any music genre. Dave Mustaine actually covered the presidential race for MTV News in 1996.
As one of two MPP staffers who regularly listens to heavy metal, I can say with confidence that Dave Mustaine should have endorsed Ron Paul -- if Mustaine wanted to be at all representative of his fans.
Disciples of heavy metal are disproportionately libertarians: The anti-authority music lyrics go hand-in-hand with the anti-authoritarian policy positions of libertarians like Ron Paul.
Also, fans of heavy metal are more likely to be marijuana users than the average citizen. (If you don't believe me, go to an Ozzy Osbourne concert and breathe deeply.) So when Mustaine endorses Rick Santorum, Mustaine is basically saying that it is just fine with him if literally millions of his fans continue to face arrest ... for doing no harm to others.
On principal, Mustaine should have endorsed Ron Paul. And, even if only for selfish reasons, Mustaine should not have endorsed Rick Santorum, who seeks to incarcerate a large portion of the people who pay Mustaine's salary.
arrest, Dave Mustaine, endorse, libertarian, Megadeth, Republican, Rick Santorum, Ron Paul, Santorum
Well, another celebrity was arrested for using marijuana. Do you feel safer?
R&B singer Robin Thicke was arrested today near Madison Square Garden when they saw him smoking a joint inside an SUV. He was ticketed and released.
Now, since police actually witnessed him smoking, this arrest is far more legitimate than the improper marijuana possession arrests of tens of thousands of New York City residents during “stop and frisk” actions.
Currently, possession of small amounts of marijuana is decriminalized in New York, and criminal charges should only be brought if the marijuana is openly displayed or used in public, which was the case here. Recently, however, Police Commissioner Ray Kelly had to issue a directive to the NYPD to actually obey the law and stop tricking people into pulling their marijuana out of their pockets to warrant a criminal charge.
The fact remains that arresting Robin Thicke for misdemeanor marijuana possession does not make the community safer. While police were busy arresting a non-violent entertainer (and having him sign autographs), a crime with an actual victim most likely went unseen and unpunished.
citation, frisk, Madison Square Garden, Manhattan, marijuana, NYC, NYPD, possession, Robin, Robin Thicke, search, Thicke
A Georgia school system is being sued by a student after an incident that occurred during a marijuana investigation. The victim, who was in seventh grade at the time, was humiliated by school officials in front of other students after being implicated in an investigation. The details speak for themselves:
The student, identified in court documents as D.H., said officials at Eddie White Academy initially strip-searched three other students on Feb. 8, 2011, after suspecting they had marijuana. One of them accused D.H. of having drugs, and he was brought to then-vice principal Tyrus McDowell's office.
While the three classmates watched, D.H.'s pockets and book bag were searched but didn't find anything, the lawsuit said. One of the students told school officials he had lied about D.H. having drugs, but administrators continued the search as D.H. begged to be taken to the bathroom for more privacy, according to the lawsuit.
D.H. was ordered to strip and again, no drugs were found.
This sad event was not only illegal according to the U.S. Supreme Court, but it was also representative of some of the more repulsive aspects of the government’s war on marijuana users. Let’s see …
We have authority figures pressuring suspects into implicating innocent people and then refusing to listen when the accusation is recanted or outside evidence proves the implicated person was not involved.
Those same authorities conduct illegal searches using humiliating and forceful methods, without respect for privacy, due process, or human dignity.
The victim is forced to carry the stigma of the incident, which has very real effects on his or her ability to prosper and live a normal life. At the same time, respect for the authorities in question and the system they represent is shaken and often never recovered.
"This situation has broken the very foundation of my child's education because in order for him to learn, he has to believe that what schools are trying to teach him is right and now he questions them after they stripped him of his clothes and dignity," she said. "His trust is broken."
This is just a microcosm of what the war on marijuana does to our society. We should all be ashamed that we have allowed it to continue for so long that it is finally and exactly mirrored in our schools. Is this the environment where our youth will learn and grow?
Georgia, illegal search, investigation, lawsuit, marijuana, middle school, Prohibition, school, search, strip
An opinion released yesterday by the Supreme Judicial Court of Massachusetts stated that a person found with a small amount of marijuana could still be charged with intent to distribute, despite a 2008 law removing criminal penalties for possession of less than an ounce of marijuana.
The statement comes from the ruling on a 2010 case in which a person with around six grams of marijuana in three separate bags was charged with intent to distribute marijuana. Defense attorneys argued that intent did not matter if the amount was less than an ounce because there are no criminal charges for that amount. A lower court judge agreed, but was overruled by yesterday’s decision.
The law that removed criminal penalties for small amounts, passed through referendum in 2008 by a significant majority of voters, was not intended to remove penalties for sale of marijuana. But intent to sell is something entirely different. It is highly doubtful that anyone with less than an ounce has the intent to distribute any of it. The burden of proof must lie on the state when charging someone with so little marijuana with being a distributor. To have it otherwise could provide overzealous prosecutors with a method of circumventing the 2008 law.
In this particular case, the ruling is based on pretty flimsy evidence. The defendant had six grams of marijuana stored in three separate bags when he was searched. Even though the police did not witness him conduct a sale, he was charged with intent to distribute simply because his marijuana, which was less than a quarter of what he would need to invoke criminal penalties, was not stored in a single container!
Even disregarding the possibility that this person had different strains of marijuana that he did not want to mix together, or that perhaps he had purchased the marijuana that way and had not thought to consolidate it, the fact remains that it is no more than a civil infraction under Massachusetts law to have less than an ounce of marijuana in one’s possession. The law does not mandate that it must be in a single container. If the authorities believe that someone with less than an ounce of marijuana is actually selling it, they should have to prove it beyond a reasonable doubt. Three tiny bags do not qualify.
When voters passed the law in 2008, they knew what they were doing. They voted to remove criminal penalties for possessing less than an ounce of marijuana. Period. It doesn’t matter if that marijuana is in one bag or ten. If it is less than an ounce, there should be no criminal charges. If there is a sale, let the evidence show it. If not, as was the case here, then the matter should be handled the way the voters declared: with a civil infraction.
Some vocal law enforcement critics of the 2008 law have had trouble adjusting to the new system. It will come as no surprise if police and prosecutors begin looking for increasingly inventive and disingenuous ways to claim that marijuana users have the intent to distribute the contents of their pockets. Maybe next they will claim that simply carrying marijuana with you is proof enough of intent to distribute. All so that a few people who don’t like marijuana use can keep arresting people for it and ignore the considered opinion of the majority of Massachusetts.
2008, civil infraction, decriminalization, intent to distribute, marijuana, Massachusetts, possession, referendum, Supreme Judicial Court
A day after Whitney Houston’s unexpected death, singer Tony Bennett, music icon and winner of 17 Grammy Awards, paid tribute to the award-winning star at Clive Davis’ pre-Grammy party. He took this opportunity not only to honor her life and accomplishments and sing a song in her memory, but also to advocate for the legalization of drugs.
(Photo Credit: AP)
In spite of the fact that there is speculation that Houston’s death was drug-related, given her history with drug use (including marijuana), Bennett bravely spoke up about what so many already know: the war on drugs is a failure and is more harmful to society than the drugs themselves. For marijuana offenses alone, there were over 850,000 arrests in 2010, and 88% of those were for simple possession.
Watch this video of Tony Bennett speaking up for change. He gets it, and he had the courage to say so.
(Author's Edit: Original video was taken down by YouTube user. New video links to CNN's coverage, with Tony Bennett's comments, as well as a panel discussion including Arianna Huffington, who echoed Bennett's sentiments that the war on drugs has failed.)