If you were worried about going to prison for getting caught with marijuana in Arkansas, you can breathe a little easier today.

Back in March, the Arkansas Legislature, backed by Gov. Mike Beebe, passed a law to reduce the penalties for possession of up to four ounces of marijuana. Starting today, a judge may place a person under probation for a year without formal charge, instead of the regular sentence of up to a year in jail and a $1,000 fine. This option is at the discretion of the judge, so be nice in court, and don’t count on this offer if you have prior convictions.

Still, it represents a huge leap forward. Until now, possession of anything over an ounce got you four to 10 in jail and a $25,000 fine. I’ll take a year of probation and no criminal record over that any day!

And while not being decriminalization, the probation option is pretty close, and the possession limit of four ounces is one of the highest of any decriminalized state in the country.

The law also makes intent to deliver small amounts of marijuana a misdemeanor instead of a felony and lessens the penalties and status of subsequent possession violations.

The fact that this is happening in Arkansas of all places is clear evidence that this country as a whole is moving in the right direction. Marijuana reformers in every state should take note and keep working hard with their local and state lawmakers to maintain this momentum. If it can happen here, it can happen anywhere.

It’s been nearly four months now since Rhode Island Governor Lincoln Chafee (I) decided to place a hold on his state’s compassion center program. Concerned that individuals involved in the compassion centers and state employees acting in compliance with the law would be targeted and prosecuted by federal officials, the governor has since refused to grant certificates of operation to the three entities previously chosen by the state health department to operate the centers. It’s time Gov. Chafee ends his hold and fully implements the compassion center program in Rhode Island.

Gov. Chafee’s initial fear that state employees would be prosecuted, or even threatened with prosecution, by the federal government for performing job duties consistent with a medical marijuana law should have been put to rest recently. In a motion-to-dismiss a suit challenging the Arizona medical marijuana program, a Department of Justice attorney argued that Arizona Gov. Jan Brewer’s claims were frivolous, in part because she could point to no “genuine threat that any state employee will face imminent prosecution under federal law” and that she “can point to no threat of enforcement against the State’s employees.” Likewise, there have been no threats by the DOJ that Rhode Island state employees would face federal charges for performing their duties under their medical marijuana program.

Additionally, Gov. Chafee can find inspiration and assurance from the actions of New Jersey Governor Chris Christie (R) who recently announced his intention to fully implement New Jersey’s medical marijuana law. Gov. Christie stated that, as a former U.S. Attorney, he sees no reason why his state’s medical marijuana program would invite federal interference. Rhode Island’s law is similar to New Jersey’s in that it allows for only a finite number of dispensaries to serve the patient population, making it easier for the state to adequately regulate the industry.

Meanwhile, medical marijuana patients in Rhode Island lack the safe, immediate, and regulated access to their medicine that so many of their peers in other states have. When the Rhode Island General Assembly approved of compassion centers, they did so because they understood that a regulated supply system is preferable to patients accessing their medicine via the criminal market. Seemingly, Gov. Chafee understands this as well. However, his refusal to issue the operation certificates, despite the lack of an imminent threat of federal prosecution, not only hurts the patients, but also calls into question his respect for the laws passed by the legislative branch of Rhode Island.

The role of the governor is to execute the laws of a given state, not to block duly enacted legislation from being implemented. The legislature of Rhode Island overwhelmingly approved of compassion centers, as do the people of Rhode Island. Gov. Chafee recently refused to hand over a confessed murderer to the feds because, under federal law, the murderer could face the death penalty. Gov. Chafee points out that it is the public policy of his state to avoid the death penalty. I’d like to point out that a compassion center program, even though that too runs contrary to federal law, was a debated and enacted public policy decision of his state. The governor should respect his legislature, stand up for his constituents, and fully execute the laws of his state by issuing compassion center certificates of operation immediately.

Read More:

MPP: Rhode Island

Please email Gov. Chafee and ask him to fully implement the compassion center program.

Department of Justice tells AZ Gov. Brewer: “Dismiss your lawsuit, you have no case!”

Gov. Christie Puts New Jersey Medical Marijuana Back on Track

You are invited to a private showing of the 420 Collection, a special exhibit featuring art by Jefferson Airplane/Jefferson Starship’s Grace Slick, supporter of efforts to end prohibition and ensure safe and legal access to medical cannabis. Grace has created a series of paintings and limited edition prints especially for this exhibit and will be in attendance to discuss the inspiration behind this exclusive collection.

A portion of each sale will benefit the Marijuana Policy Project.

Don’t miss this unique opportunity to view and purchase art by singer/songwriter Grace Slick and support MPP’s work to make marijuana legal for adults.

Have you ever noticed how prohibitionists in power keep fighting medical marijuana by saying that it is out of control, and somehow causing a breakdown in society, endangering the public, sending the wrong message to kids, etc.? Have you also noticed that they will freely spend time and taxpayer money trying to undermine medical marijuana programs and restrict the rights of patients?

We're seeing it in Arizona with Gov. Jan Brewer's egregious lawsuit to interfere with her state's voter-approved medical marijuana law, which even the federal government thinks is a waste of time. We're seeing it in Oregon, where a local sheriff is so hellbent on denying the 2nd Amendment rights of medical marijuana patients that he is willing to use state funds to take his case all the way to the Supreme Court.

Now, long-time medical marijuana foe Bill Schuette, attorney general of Michigan, has announced his plans to  introduce legislation this fall that would supposedly stop the abuse of the medical marijuana system there.

Hold on a minute. Aren't law enforcement supposed to enforce the laws, not make them? That's a topic for another time.

The main focus of the as-yet-unfinished bill will be curbing the amount of "drugged-driving" accidents by severely limiting the ability of medical marijuana patients to ever drive a car.

From the press release:

"Schuette noted confusing inconsistencies between the Michigan Motor Vehicle Code and the Michigan Medical Marihuana Act must be eliminated to preserve safety on Michigan roadways.  A longstanding safety provision in the Michigan Motor Vehicle Code prohibits driving with any amount of marijuana in your system.  In contrast, the MMMA references driving "under the influence of marijuana," a term which is not defined in state law or by uniform scientific standards, and creates a different standard for medical marijuana users. …

Schuette cited statistics recently released by the Michigan State Police which indicate that marijuana-related fatalities remain the most common drug-related automobile fatality, and that such fatalities are on the rise in Michigan.

"Driving with marijuana in your system is unsafe and jeopardizes the safety of our roadways," said Schuette.  "If you take drugs, don't take the wheel."

It is never a good idea to get behind the wheel while impaired by any substance. That being said, the statements of the attorney general can best be described as baseless fear-mongering.

First of all, multiple studies and mountains of anecdotal evidence have proven that merely having marijuana in one's system is not an indicator of impairment, or even intoxication. Marijuana metabolites can stay in one's system for up to a month after using it, and THC can stay in one’s system for a week. Yet the effects wear off within a few hours. The Michigan Medical Marihuana Act recognizes this by changing the wording of driving restrictions for medical marijuana patients to driving "under the influence,", meaning that the patient has medicated recently and is still experiencing some intoxicating effects. Despite Schuette’s claim, “under the influence” is used in the provision of Michigan's DUI laws that apply to all other prescription medications — MCL 257.625 (1)(a).

Under the changes proposed by Schuette, this difference would be removed, making it illegal for patients to operate a car with any marijuana in their system whatsoever. Most medical marijuana patients always have marijuana in their system. Even those who only use occasionally may have to use large amounts that can leave traces in the body for some time.

Basically, this amounts to saying that if a person finds that marijuana is the best medicine to treat their condition, he or she must forfeit their driving privileges or wait weeks after medicating to drive. This restriction is not applied to any other medicine in Michigan. This is medical bigotry, plain and simple. Patients are already dealing with trying to live normal lives and treat their conditions. They have it hard enough as it is. And Bill Schuette wants to make their lives even harder.

Secondly, the assertion that marijuana is involved in more automobile related fatalities than any other drug is completely false, unless one uses the definition that the Attorney General would like to apply to medical marijuana patients. The study cited in the press release used just that definition, however, and counted every fatal accident in which the driver had any marijuana in his or her system! This means that if someone smokes a joint, and three weeks later gets in a car (maybe after a few cocktails) and kills someone, it is a marijuana-related auto fatality.

It sure is easy to scare people when you don't care about science.

This is illustrative of the need to get away from chemical intoxication testing and go back to physical impairment tests in driving situations. It should not matter what is in someone's bloodstream, particularly for medical marijuana patients. Whether or not they are impaired should be the primary concern for law enforcement, and they don't need fancy blood tests or saliva swabs to determine that. They've been doing just fine since the invention of the automobile.

It’s now been almost 13 years since nearly 70% of D.C. voters approved an initiative enacting a medical marijuana law in the nation’s capital, though you’d be forgiven if you hadn’t noticed. An obscure budget provision known as the “Barr Amendment” stalled implementation for years, and when it was finally removed (after MPP hired Congressman Barr to help defeat his own amendment) in late 2009, the D.C. Council went to work passing an amendment to the law making the proposed program much more restrictive. Since then, the glacial pace of implementation has kept medicine from patients for another year.

But finally, there’s progress. Today, the D.C. Department of Health is making applications available for prospective cultivation center operators. You can read the official notice in today’s DC Register. Only those who submitted the required letter of intent back in June will be able to apply. There were over 100 letters submitted by groups interested in operating cultivation centers, including Benjamin Bronfman, the fiancé of rapper M.I.A. of Paper Planes fame.

Today’s notice applies only to cultivation centers, not dispensaries, so advocates will have to wait a little longer for those. There’s also no word on when patients will be able to apply to the program. Still, it’s progress.

A funny thing happened on Monday. The Department of Justice filed a brief regarding state medical marijuana laws in Arizona . . . and it was a good thing, and was met with appreciation from the medical marijuana movement! Seriously. After the disappointments of the vague, not very helpful Cole memo, and the expected but still disappointing DEA denial of marijuana’s medical value, it was great to see the Department of Justice (DoJ) doing the right thing regarding medical marijuana, even if it was only in a limited way.

As you may know, Arizona Governor Jan Brewer, last seen promoting states’ rights and vowing to fight on when it comes to illegal immigration, and her Attorney General, Tom Horne, had filed a suit as plaintiffs against the federal government, requesting permission to move ahead with Arizona’s medical marijuana program implementation. This was ridiculous, since no other governor has needed federal permission to move ahead with medical marijuana implementation, even though some others have also tried to use the red herring threat of federal action to slow implementation. Apparently, the DoJ also thinks Brewer’s claims are ridiculous, and it said as much in its withering Motion to Dismiss brief, in which it took apart each of the state of Arizona’s arguments, urging the court to dismiss the case. If the court dismisses the case, Brewer’s logical course of action would be to fully implement Arizona’s medical marijuana law, including licensing more than 100 dispensaries, though given her intransigence, that course of action is sadly not a given.

Throughout its brief, the DoJ basically said that the state of Arizona has no case and that plaintiffs Gov. Brewer and AG Horne have invented a controversy where none exists. Further, the brief notes that a state is not allowed to bring a case asking two sides to fight it out, without taking a position on the law in question, belying Gov. Brewer’s claims upon the suit’s filing of being a neutral party seeking “clarity.” The American judicial process simply does not work that way. In its brief, the DoJ’s criticism of the plaintiffs’ complaint was often direct and sometimes even slightly mocking, which was definitely appreciated by this reader.

The brief attacks the premise of Arizona’s suit in several ways. It says that the suit does not raise a substantial federal question (which it must in order to be heard first in federal court) because it asks for a declaratory judgment on the validity of a state law. It is amusing to watch the federal government explain Constitutional Law 101 to Gov. Brewer, noting that, “there is no federal jurisdiction of a suit by a state to declare the validity of its regulations despite possibly conflicting federal law” (p. 6). The brief also states directly that Arizona has not asserted any “actual, concrete controversy” in its complaint. The brief criticizes the plaintiffs for not identifying a controversy between the parties in the suit and notes the plaintiffs’ failure to take a side as a fatal flaw in the lawsuit, accusing the state of Arizona of “attempt[ing] to manufacture disputes among other parties” (p. 9). The brief criticizes Arizona’s decision to create twenty fictitious defendants, ten on one side of the law and ten on the other, states its doubts about the existence of the hypothetical defendants, and notes definitively that “parties cannot have ‘adverse legal interests’ necessary to establish a live controversy, when one party (particularly the plaintiff) professes to take neither side of the dispute” (p. 10). Finally, the brief denies that Arizona even has standing to raise such a claim, as it has not suffered any “injury in fact.” Basing standing on the idea that some Arizonans disagree about federal law’s effect on Arizona’s medical marijuana law will not work, nor will an unspecific suggestion about a “supposed risk that Arizona citizens will lose revenue or property” (pp. 11-12).

More importantly on a national level, this DoJ brief appears to affirm the following interpretation of the Ogden and Cole Memorandums, along with other relevant case law and actual enforcement: that there has been no demonstration that the federal government is interested in prosecuting state employees for implementing state medical marijuana programs and issuing dispensary licenses. The DoJ cites the lack of any “genuine threat that any state employee will face imminent prosecution under federal law” (p. 2) and notes that “plaintiffs can point to no threat of enforcement against the State’s employees” (p. 10). The brief notes that Arizona has no “concrete plan to act in violation of the Controlled Substances Act,” as it has refused to accept dispensary applications and issue licenses (an act that MPP believes, based on relevant court precedent, would clearly not be such a violation). The brief notes that Arizona was not able to produce any threat, generalized or specific, directed towards its state employees, and it points to the omission of any state employee threats in Arizona U.S. Attorney Dennis Burke’s letter on the issue (p. 14). The brief dismisses Arizona’s suggestion that Arizona state employees are subject to federal prosecution as “mere speculation” (p. 15). It sums up this argument when it says:

Plaintiffs identify no prior instances in which the federal government has sought to prosecute state employees for the conduct vaguely described in Plaintiffs’ complaint. Without evidence of such prior prosecutions, Plaintiffs cannot credibly show a genuine threat of imminent prosecution in this case. (p. 15)

This message from the DoJ is heartening, along with U.S. Attorney Burke’s clear statement that going after state employees “is not a priority for us, and will not be." This brief also comes on the heels of the statement of former U.S. Attorney and New Jersey Gov. Chris Christie, who said definitively about his decision to implement the state’s medical marijuana program:

I don’t believe the United States Attorney’s Office in New Jersey, given the narrow and medically based nature of our program, will expend what are significantly lessening federal law enforcement resources in the context of the federal budget, on going after dispensaries in New Jersey, our Department of Health or other state workers who are helping to implement this program.

These recent events all suggest that the Department of Justice is interpreting its guidance to mean that state employees can fully implement medical marijuana programs, like those in Arizona and Rhode Island, with no fear of prosecution. So let’s get it done, Governors Brewer and Chaffee! Time is wasting, and people are hurting and need their medicine now.

On July 2, Eric Perez turned eighteen. On July 10, his family mourned his untimely death.

Mr. Perez suffered a medical emergency while being held at a detention center in Florida. Despite vomiting and crying for help, Mr. Perez was left to suffer for over six hours before receiving medical attention. Tragically, by the time he was seen by emergency personnel, it was too late. So what was Mr. Perez doing in a detention center to begin with? The non-violent act of possessing a small amount of marijuana.

On the night of June 29, three days before his eighteenth birthday, police stopped Mr. Perez for riding his bicycle without a night-light. Police searched Mr. Perez and found the marijuana. Mr. Perez was on probation for a “years old” robbery charge and was cuffed and sent to a detention center. It was in this detention center that he breathed his last breath.

Let’s engage in a thought experiment here. Say Florida had a taxed and regulated system of marijuana distribution for adult, non-medical use. In that scenario, Mr. Perez is never arrested for possessing a small amount of a relatively harmless drug. He may even be praised for choosing to ride his bicycle as opposed to driving a car. Perhaps he’s given a ticket or sent to drug education for underage possession of marijuana. Either way, in this hypothetical, Mr. Perez is not in jail during his medical emergency, thus providing him a better chance of receiving prompt medical attention. Mr. Perez could still be alive.

Even a policy that simply decriminalizes the possession of only a small amount of marijuana would have been preferable. Fourteen other states have already removed the possibility of jail time for possessing a small amount of marijuana and replaced it with a simple civil violation. If Florida were one of them, Mr. Perez would have been given a ticket and sent on his way. Again, all indications point to the fact that had his medical emergency happened on the outside, he would have stood a much better chance of surviving.

Unfortunately for Mr. Perez’s family, we do not live our lives in hypotheticals. Policy decisions carry with them very real consequences. When it comes to our current marijuana policy, those consequences tend to lean towards the tragic — lost lives, destroyed families, and government waste. Until we replace our failed marijuana policies with more sensible and less destructive alternatives, we will continue to see stories like Mr. Perez’s.

MPP is excited to be cosponsoring the 2011 Seattle Hempfest on Friday, August 19, through Sunday, August 21, and we're looking for volunteers to help us out!

We need people to help us staff our table, as well as people to sign Hempfest attendees up for our free e-mail alerts.  Everyone who volunteers will receive a free MPP t-shirt and get to meet lots of great supporters, all while enjoying the world's largest marijuana-policy-related event. As an added bonus, the person who collects the most email sign-ups on each day will receive a special gift from MPP!

This is the 20^th anniversary of Seattle Hempfest, and promises to be one of the most memorable to date. All across the country, people are reconsidering their marijuana laws, and the wind is finally at our backs. This year’s festival is a great opportunity to celebrate the progress we’ve made as a movement, and to build the relationships and tools necessary for continued victory.

Would you please volunteer a few hours of your time on Friday, August 19, through Sunday, August 21, to help us spread the word about the important work MPP is doing to reform marijuana laws across the country?

If you would like to help, please e-mail me here with the following information:

•               Your name

•               Your phone (home and/or cell)

•               Days you're willing to volunteer (Friday, Saturday and/or Sunday)

•               Time slots you are available (scheduling to follow based on availability)

For more information on Hempfest, visit http://www.hempfest.org/.

Thank you for your interest, and we hope to see you there!

Earlier this week, I wrote about the trend in journalism to blame marijuana for the violent outbursts of murderous youth. While this unscientific blame game will probably continue in the foreseeable future, it’s nice to see that the primary target of my wrath in this instance, The New York Times, has redeemed itself.

On Wednesday, the juggernaut of journalism on the East Coast wrote an editorial urging New York’s Governor Cuomo to follow the lead of New Jersey and allow seriously ill New Yorkers to use marijuana to treat their illnesses. Coming from a publication of their size and prominence, this is a fairly significant statement, and hopefully one that will garner a lot of support for medical marijuana in the near future.

Here is the editorial in its entirety:

There is no good reason to deprive patients with cancer or H.I.V. or Lou Gehrig’s disease of the relief from pain or extreme nausea that could come from using marijuana.

Gov. Chris Christie of New Jersey, who once opposed his state’s medical marijuana law, has changed his mind, deciding earlier this month to allow six alternative treatment centers to begin dispensing the drug to those in need, possibly by early next year. Gov. Andrew Cuomo of New York needs to change his mind as well.

Governor Cuomo said during his 2010 campaign that he opposed legalization of medical marijuana. Recently, he said he was still opposed but that he was “reviewing” the issue and “we’re always learning and listening, talking and growing. We hope.” It shouldn’t take much more personal growth to make the right call.

Governor Cuomo should ask Governor Christie about how he resolved his own doubts. Mr. Christie could explain how his law is the nation’s most restrictive and how the federal Justice Department has indicated that its agents will rightly direct their energies in New Jersey to go after big-time marijuana traffickers, not doctors or alternative centers helping the desperately ill.

Under New Jersey’s law, doctors can recommend that a patient suffering from a specific disease or condition use marijuana of limited strength. Patients cannot grow their own, and they can only purchase 2 ounces every 30 days. Physicians must register to recommend the marijuana use, and patients and caregivers must undergo background checks to get ID cards.

Mr. Cuomo should champion a similar and humane system and ensure that New York’s residents coping with illness have the same chance at relief.

 

Good recovery, NYT. Please keep it coming!

Have you ever noticed that any time a young person commits a horrifying act of violence, someone is always trying to blame their behavior on marijuana? It happened with Jared Loughner, the man accused of a January shooting spree in Tuscon. Within days of the tragedy, stories were flooding the media asserting that his documented mental illness was the result of marijuana use, despite the fact that he had stopped using marijuana months before. And now The New York Times is focusing on the marijuana use of a Florida teenager accused of killing his parents last week.

Tyler Hadley, 17, had a history of mental illness and drug abuse long before he allegedly bludgeoned his parents to death with a hammer. Instead of talking about the need for improved treatment of mental illness, however, The New York Times decided to concentrate on the fact that the accused had a party the night of the murders. Much was made of this party, particularly that marijuana use occurred. Hadley’s participation in an outpatient substance abuse program was also noted. Then the reporter goes off the deep end.

The rest of the article consists mainly of area residents discussing how they used the news reports of the case to warn their children about marijuana, and the prevalence of marijuana use in the small suburban community. How this is relevant to a murder investigation is beyond me.

Why does the media feel the need to blame someone or something for every tragic event, other than the person responsible for the actual actions involved? And why, more often than not, does that collective finger get pointed at marijuana? Not much was made of Hadley’s troubled mind, or the alcohol that Hadley consumed, or the pharmaceutical drugs he supposedly planned to use to kill himself when police arrived, suggesting he had regular access to them. Never mind that marijuana is rarely associated with violent behavior. And never mind the fact that marijuana does not cause psychosis!

Instead, what we get is more ridiculous “reefer madness.”

It is amazing that it has been almost 75 years since Henry Anslinger convinced America that marijuana turns people into crazed, bloodthirsty lunatics. It is even more amazing that journalists still use this hyperbolic frenzy to sell newspapers. But the most amazing thing… is that some people still swallow it. Hook, line, and sinker.