Last week, a federal court ruling struck a blow against censorship directed at marijuana policy reform advocates at Iowa State University. The case, brought by two students with the university's chapter of the National Organization for the Reform of Marijuana Laws (NORML) and the Foundation for Individual Rights in Education (FIRE), was heralded as a major victory by the plaintiffs.
...the U.S. District Court for the Southern District of Iowa issued a permanent injunction barring Iowa State University (ISU) administrators from using a trademark policy to prevent the campus chapter of the National Organization for the Reform of Marijuana Laws (NORML ISU) from printing t-shirts depicting a marijuana leaf. Students Erin Furleigh and Paul Gerlich, both former presidents of the group, sued ISU in July 2014 as part of the Foundation for Individual Rights in Education’s (FIRE’s) Stand Up For Speech Litigation Project.
Because ISU had rejected the student group’s t-shirts “due to the messages they expressed” in an effort to “maintain favor with Iowa political figures,” the court found that ISU engaged in unconstitutional viewpoint discrimination in violation of the First Amendment.
The court also denied the defense of qualified immunity to the named defendants, including ISU President Steven Leath and Senior Vice President Warren Madden, meaning that they may be held personally liable for violating Furleigh and Gerlich’s First Amendment rights. In so ruling, the court found that “a reasonable person would understand that Defendants’ actions treaded on Plaintiffs’ First Amendment rights of political expression and association.”
Senior District Judge James Gritzner, who issued the ruling, observed that “[t]he development of First Amendment doctrine in the university context has repeatedly affirmed that student groups may not be denied benefits on the basis of their espoused views.” After reviewing the record, the court concluded that “Defendants took action specifically directed at NORML ISU based on their views and the political reaction to those views so that Defendants could maintain favor with Iowa political figures.”
In their original complaint, the students detailed how the university censored the group’s t-shirts based on their marijuana-related messaging and imagery, removed NORML ISU’s advisor, and implemented new guidelines for using ISU’s trademark in order to restrict NORML ISU’s speech. And in a January 2015 ruling, the court rejected every argument ISU made in its initial attempt to have the case dismissed.
You can view the full press release here.
Erin Furleigh, FIRE, first amendment, Foundation for Individual Rights in Education, Iowa State University, National Organization for the Reform of Marijuana Laws, NORML, Paul Gerlich, Steven Leath, Warren Madden
This Thursday, the Cannabis Bureau of Delaware will be hosting a lobby day to urge lawmakers to support ending marijuana prohibition in the First State. Residents who want to see real marijuana policy reform should set up an appointment with your elected representatives to let them know why you think it is time Delaware joins Alaska, Colorado, Oregon, and Washington in making marijuana legal for adults.
Unlike the four states that already tax and regulate marijuana, Delawareans cannot vote on ballot initiatives to change existing laws. This is why it is so important that you make your voice heard.
Register here to lobby on Thursday, January 28 in Dover.
We will begin with a training session with John Flaherty, Director of the Delaware Coalition for Open Government, who has 20 years of experience as a lobbyist. He will guide us through best practices, helping you to become a more effective advocate.
If you can’t make it to speak up for sensible marijuana policy in person, you can send your legislators a quick message using our automated system.
Cannabis Bureau of Delaware, Delaware Coalition for Open Government, John Flaherty, lobbying
[caption id="attachment_9503" align="alignright" width="200"] Assemblyman Joe Lachance[/caption]
Now that medical marijuana cards are finally being issued to qualifying patients in New Hampshire, one lawmaker is working to make sure others who could benefit are not left behind. On Thursday, Assemblyman Joe Lachance introduced a bill that would add post-traumatic stress disorder (PTSD) to the list of qualifying conditions.
Al Jazeera America reports:
The proposed legislation comes as New Hampshire grapples with an opioid and heroin addiction and overdose crisis. Medical marijuana advocates argue that better access to cannabis would offer an alternative means of pain relief to people now using painkillers or heroin. In 2015 the state’s medical examiner attributed 385 deaths to opiates, almost double the 192 fatalities in 2013, according to New Hampshire Public Radio.
Also, adding PTSD to the list of illnesses approved for cannabis treatment could provide another option to people who’ve found no relief with standard anti-anxiety or antidepressant medication, advocates say.
...
Joe Lachance, a Republican state assemblyman who co-sponsored the PTSD measure, is one of the 62 medical marijuana cardholders in the state of 1.6 million people. A military veteran and former police officer, Lachance said he suffers from chronic pain and PTSD, ailments only marijuana has helped ease. He also said marijuana helped him kick an opiate habit.
Joe Lachance, military, New Hampshire, PTSD, Republican, veterans
MPP was all over the news this past week when we initiated the process of putting a medical marijuana initiative on the November 2016 ballot in Ohio.
MPP communications director Mason Tvert issued the following statement:
MPP is committed to working with local patients, advocates, and professionals to pass a well-written initiative that ensures seriously ill Ohioans are able to access medical marijuana if their doctors recommend it. We are in the very initial stages of this process — filing a committee, starting to build a campaign team, and conducting outreach to potential coalition partners and donors. MPP has helped pass several state medical marijuana laws through the initiative process and through state legislatures. We are looking forward to working with our allies in Ohio to produce the most effective and responsible medical marijuana system possible.
This initiative and campaign will be very different from the broader and ultimately unsuccessful 2015 initiative to legalize marijuana for medical and adult use.
State lawmakers are also contemplating medical marijuana legislation. The House recently announced it is launching a task force that will meet with medical professionals and representatives from business and law enforcement to discuss the issue. Meanwhile, members of the Senate announced they would be touring the state to hear testimony from Ohio residents.
It's great to see some legislators are finally taking this issue seriously and MPP would support well-written, comprehensive medical marijuana legislation if it is brought forward. In the meantime, we feel it is important to move forward with plans for an initiative in the case that the legislature fails to take action this year. That seems quite likely given the discouraging remarks some legislative leaders have been making in the news.
Arizona’s constitution allows the people themselves to pass laws by initiative. After years of legislative meddling in the people’s laws, Arizonans approved the Voter Protection Act (VPA) to protect their laws from legislative interference. Despite the VPA, legislators have passed multiple measures to undermine the medical marijuana program that the people of Arizona voted for in 2010 — and they’re at it again.
A series of bills proposed by the legislature would limit Proposition 203, which made medical marijuana legal in the state, and run afoul of the medical marijuana law and the VPA:
-- HB 206, introduced by Rep. Kelly Townsend, would ban the use of medical marijuana by pregnant women, inappropriately inserting the legislature into the doctor/patient relationship; and
-- HB 2404 and 2405, introduced by Rep. Vince Leach, would limit where marijuana can be grown and increase some patients’ fees.
If that wasn’t bad enough, now Rep. Bob Thorpe has introduced a resolution (HCR 2023) to gut the VPA and allow the legislature to change ballot initiatives passed by the voters in ways that are contrary to the purpose of the initiative.
An additional bill, HB 2019, introduced by Rep. Jay Lawrence, would have limited access to medical marijuana by restricting the types of medical professionals who can recommend it. Thanks to hundreds of patients and supporters calling and emailing Rep. Lawrence in opposition the bill, he decided to withdraw it, saying that he had not done enough research and would not support similar legislation in the future.
If you are an Arizona resident, please ask your lawmakers to stop interfering with medical marijuana!
Arizona, Bob Thorpe, HB 2019, HB 2404, HB 2405, Jay Lawrence, Kelly Townsend, Proposition 203, Voter Protection Act
Last week, the Washington Post reported on a pair of studies released in January that further disprove an often-repeated theory that marijuana use is linked to lower intelligence.
You might have heard that smoking marijuana makes you stupid.
If you grew up in the '80s or '90s, that was more or less the take-home message of countless anti-drug PSAs. In more recent years, it's a message we've heard — albeit in more nuanced form — from Republican candidates on the campaign trail and from marijuana opponents at the state-level.
The contemporary version of argument can be traced to a 2012 Duke University study, which found that persistent, heavy marijuana use through adolescence and young adulthood was associated with declines in IQ.
Other researchers have since criticized that study's methods. A follow-up study in the same journal found that the original research failed to account for a number of confounding factors that could also affect cognitive development, such as cigarette and alcohol use, mental illness and socioeconomic status.
Two new reports this month tackle the relationship between marijuana use and intelligence from two very different angles: One examines the life trajectories of 2,235 British teenagers between ages 8 and 16, and the other looks at the differences between American identical twin pairs in which one twin uses marijuana and the other does not.
Despite vastly different methods, the studies reach the same conclusion: They found no evidence that adolescent marijuana use leads to a decline in intelligence.
The full article is available here.
Duke University, intelligence, IQ, Republican, Washington Post
The Maryland General Assembly voted this week to override Gov. Larry Hogan’s veto of SB 517, decriminalizing marijuana paraphernalia.
SB 517, introduced by Sen. Bobby Zirkin (D-Baltimore County), removes criminal penalties for possession of marijuana paraphernalia. The measure also imposes a new civil fine of up to $500 on public cannabis consumption. Gov. Hogan vetoed the bill in May 2015, after it was approved 32-13 in the Senate and 83-53 in the House of Delegates.
Maryland adopted a law in 2014 that was intended to decriminalize simple marijuana possession, but it did not include marijuana paraphernalia.
The work is not over, however. Until cannabis is legal and regulated for adults, Marylanders who choose to consume a substance safer than alcohol will still be stigmatized as lawbreakers, racially biased enforcement of marijuana laws will continue to result in unequal justice, and the marijuana market will continue to be in the shadows.
The Marijuana Policy Coalition of Maryland believes that regulating marijuana like alcohol is the best policy option — and a new poll released Thursday shows that 53% of Maryland voters agree.
Baltimore County, Bobby Zirkin, Larry Hogan, Marijuana Policy Coalition of Maryland, Maryland, SB 517
The Virginia General Assembly began its 2016 legislative session on Wednesday, and already three bills have been introduced to reduce the penalty for possession of small amounts of marijuana to a civil fine. Virginia’s current penalties for marijuana possession are steep: Possessing up to a half an ounce of marijuana is a misdemeanor that carries up to 30 days in jail and a $500 fine for first time offenders. Subsequent offenses face up to a year in jail and a $2,500 fine.
The three decriminalization bills would prevent marijuana consumers from suffering the life-altering consequences that can come with having a criminal record. This less draconian approach to penalizing possession of personal use amounts of marijuana also saves law enforcement time and money, and brings Virginia more in line with Maryland, North Carolina, and Washington, D.C.’s decriminalization policies.
There has been a lot of discussion about marijuana policy during the 2016 presidential race, but there are still some questions that the candidates need to address.
In order to get some answers, we have partnered with Change.org for the launch of ChangePolitics, a mobile elections platform that enables voters to engage with the candidates on the issues they care about by asking and upvoting questions.
alcohol, change.org, ChangePolitics.org, election, president, presidential candidates
New Hampshire officials announced the approval of a location for the first registered medical marijuana growing facility, marking a sign of progress in an implementation that has experienced serious delays.
NHPR reports:
The Department of Health and Human Services issued a conditional registration certificate to Sanctuary ATC, which plans to open a dispensary in Plymouth, to start growing medical marijuana at a designated cultivation site in Rochester.
The move to issue conditional certifications is an attempt by DHHS to speed up the launch of the dispensaries by allowing the companies to start growing the plants before their dispensaries are ready to open.
According to state health officials overseeing the therapeutic cannabis program, it can take three to four months to cultivate usable medical marijuana.
It's been a long road to see New Hampshire’s medical marijuana program through to reality. The law setting up such a program went into effect in July 2013, but no dispensaries have actually opened to the public. DHHS says it’s expecting Sanctuary ATC’s dispensary to open sometime this spring.