In late September, I wrote about the letter sent by the ATF to all federally licensed firearms dealers, explaining that it was illegal to sell guns or ammunition to state-licensed medical marijuana users.

The reasoning behind this was a clause in the Federal Firearms Act that states that a person cannot purchase or possess a gun if they are “an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance.” The ATF reminded gun dealers that marijuana is still illegal according to the federal government, and that having a medical marijuana license was proof that a person fit the definition of an unlawful user or addict. Of course, a state-licensed patient is a lawful user as far as the state is concerned, but as we have seen, the feds do not care all that much about state law.

In a debate between MPP’s Steve Fox and former head of the ATF Mike Sullivan, Sullivan repeatedly claimed that the ATF’s hands were tied in this matter. Contrary to the claims that the ATF is simply reminding gun dealers about the law, the ATF actually has the discretion to define what they consider to be an “unlawful user.” In the absence of a court decision clarifying the definition, the ATF had every right to issue a memo that instead declared state-legal medical marijuana users to be lawful users and exempt from this particular status. Instead, they decided to use the vague law as a cover to deny sick people their constitutional right to bear arms.

Well, it looks like this might get cleared up in the (reasonably) near future.

On Oct. 4, outspoken Nevada medical marijuana advocate Rowan Wilson was denied purchase of a handgun due to her status as a patient. On Oct. 17, she and her attorney announced that she is suing the ATF and the federal government.

If this case goes to trial, federal judges will have the ability to determine whether patients in jurisdictions that allow the medical use of marijuana are, in fact, unlawful users pursuant to federal firearms laws.

Let’s hope they side with Ms. Wilson.

So far, gun rights activist groups like the National Rifle Association have been largely silent on this issue, but smaller organizations such as the Montana Shooting Sports Association and the Independent Firearms Owners of America have offered their support.

When asked why gun rights activists should support medical marijuana patients in this instance, IFOA president Richard Feldman said, "Republicans, Conservatives and independents need to face the dire economic realities facing our nation and stop funding programs like the war on drugs that don't work, corrupt law enforcement and grow criminal enterprises. Our experience with alcohol prohibition teaches us how to lessen both the harm and the costs to society from banning substances which otherwise law abiding individuals will pursue.  As gun owners many of us subscribe to the maxim, 'Better to be caught by the police with one, than by a gang banger without one'!  It's time American face reality, deal with it intelligently, and stop protesting it, regardless of the 'it' being guns or marijuana."

One of the most often-heard arguments against marijuana reform can basically be summed up as follows:

“But what about the children?”

Prohibitionists are quick to trot this one out whenever their other arguments have failed because it’s an easy way to elicit a strong emotional response. They claim that marijuana reform will lead to increased rates of use, developmental damage, and easier access to marijuana. Even talking about the issue will lead to higher rates of use, according to their arguments. Never mind that teen use rates tend to decrease in states that pass medical marijuana laws, or that licensed distributors would have ample reason to ID customers.

No, facts don’t really apply to this argument. It is very useful, however, when it comes to terrifying parents. According to the standard drug warrior mentality, the only way to keep kids away from marijuana is to arrest adults for using it. To do otherwise would “send the wrong message to our youth.”

Apparently, all this concern does not extend to children living on the U.S.-Mexico border:

SAN ANTONIO (Reuters) - Texas law enforcement officials say several Mexican drug cartels are luring youngsters as young as 11 to work in their smuggling operations.

Steven McCraw, director of the Texas Department of Public Safety, told Reuters the drug gangs have a chilling name for the young Texans lured into their operations.

"They call them 'the expendables,'" he said.

McCraw said his investigators have evidence six Mexican drug gangs -- including the violent Zetas -- have "command and control centers" in Texas actively recruiting children for their operations, attracting them with what appears to be "easy money" for doing simple tasks.

The policy of marijuana prohibition is the primary reason cartels are able to bring in so much profit from distribution within the U.S., the reason they are in such brutal competition with each other, and the catalyst for using cheap and available child conscripts within our borders. Instituting more rational marijuana policies and bringing marijuana into a regulated, legal market would greatly diminish the power of the cartels, as well as their need to corrupt our youth. Licensed businesses, unlike cartels, must obey child labor laws and other regulations in order to stay in business.

Drug Czar Gil Kerlikowske and other prohibitionists don’t want to hear that, though. It seems as if they have no problem using imaginary children to scare people away from reform. Real children, however, are “expendable.”

A new Gallup poll released yesterday shows that a record-high of 50% of Americans believe the use of marijuana should be made legal. That’s up from 46% just one year ago.

This is the first time we've hit the 50% mark on this highly respected annual survey, so this is significant.

Even the folks at Gallup seem to have a sense something historic is happening. As they noted in the release accompanying the survey results, “If this current trend on legalizing marijuana continues, pressure may build to bring the nation's laws into compliance with the people's wishes.”

On average, public support for making marijuana legal was increasing by 1.4% annually from 1995 to 2010. So the fact that there has been an increase of 4% in a single year not only shows that we’re making continued progress, but that we’re actually seeing an acceleration in progress.

As you know, MPP is spearheading a signature drive in Colorado for a ballot initiative that -- if passed in November 2012 -- would make the possession, use, and regulated production and distribution of marijuana legal for adults. This initiative is the best chance we’ve ever had to end marijuana prohibition in any state.

And today’s national Gallup poll shows that the Colorado polling is spot on. Specifically, recent Colorado polling has shown that at least 51% of Colorado voters support ending marijuana prohibition, which makes sense given that Colorado voters are more supportive than voters nationwide.

We need your help to turn these poll numbers into election results. Each signature needed to get the initiative on the ballot in Colorado costs $1 to collect. Would you please sponsor 10, 50, 100, or even 1,000s of signatures so that the campaign can wrap up the signature drive and start educating voters about the initiative?

Thank you.

A new Gallup poll shows that 50% of voters nationwide answered “Yes” to the question, “Do you think the use of marijuana should be made legal, or not?” Only 46% of respondents answered “No.” This is the first time on record that more Americans support ending marijuana prohibition than support maintaining the status quo of arresting and prosecuting people for marijuana possession. Support for marijuana reform has been growing steadily over the last few decades, but this poll shows a 4% increase over last year, when Gallup asked respondents the same question.

Opinions were heavily divided by age, with support being strongest among 18-29 year olds (62%) and 30-49 year olds (56%). The results were also quite divided geographically, with the highest support coming from the West, Midwest, and East.

“This is an historic day in the decades-long war on marijuana. As of today, a majority of the American public believes the use of marijuana should be legal for adults,” said Rob Kampia, executive director of the Marijuana Policy Project. “Moreover, it is clear from the levels of support among various age groups that support will only increase over time. None of this is surprising. Americans know that prohibition is a failed policy. It was true for alcohol, and it is true for marijuana, a substance far less harmful than alcohol. The American people are clearly saying it is time to stop arresting adults for using marijuana. Now it is time for our elected officials to listen to the public.”

This poll comes at an interesting time, with many states re-examining their marijuana laws and a series of bills sitting before Congress that would limit federal involvement in marijuana policy. Currently, the Obama administration is reversing its earlier stance of non-interference in medical marijuana states and is increasing efforts to shut down the medical marijuana industry in California and elsewhere, a move that experts say will drive medical marijuana patients into the criminal market to obtain their medicine. At the same time, several states, including Colorado, California, and Washington, are considering ballot initiatives that would tax and regulate marijuana in a manner similar to alcohol.

The poll, conducted October 6-9 by Gallup, surveyed 1,005 registered voters from all 50 states and the District of Columbia. It is available for download at http://www.gallup.com/poll/150149/Record-High-Americans-Favor-Legalizing-Marijuana.aspx

In the latest move of the Obama Administration’s incomprehensible attack on medical marijuana, U.S. attorneys announced today that they will begin to prosecute media outlets that publish advertisements for medical marijuana! It seems that when it comes to medical marijuana users, or the states in which they live for that matter, the Bill of Rights means practically nothing.

First, there was the memo released by the ATF this month warning firearms dealers that it was against the law to sell guns or ammunition to medical marijuana patients, effectively eliminating the Second Amendment rights of hundreds of thousands of patients in states where medical marijuana is legal. Then on Friday, when the U.S. attorneys from California unveiled their intent to shut down the medical marijuana industry and drive patients into the hands of gangs and other illicit dealers, they said that one of their core tactics was to intimidate landlords and property owners who rent to dispensaries by threatening them with seizure of their assets. While this may not be a direct violation of the law (unfortunately), it certainly treads on the spirit of the Fourth Amendment’s protections of life, liberty, and property. Now, those same attorneys are stomping on the First Amendment as well.

The actions of the Department of Justice are simply baffling.

In its vain and misguided attempt to stymie medical marijuana and stop the reform movement from making any further policy gains, the DOJ is basically trying to shut down two industries that make money, employ many people throughout California, and earn tax revenue for a state in a disastrous economic situation. Neither of these moves makes any sense. Shutting down the medical marijuana industry is not going to stop marijuana production. Denying them the ability to advertise by prosecuting those who publish the ads will not stop marijuana distributors from making a profit. It will, however, be disastrous for the publishing industry. Both the medical marijuana and publishing industries provide much-needed jobs and revenue to California. These methods are quite simply poor tools to accomplish an illegitimate goal. The fact that the media, which has the ability to sway public opinion against the administration, is being targeted seems particularly stupid.

Now, there are of course justifiable reasons for not allowing advertisement for some illegal activity. It is interesting to note, however, that pharmaceutical companies that sell drugs for billions in profits (the very reason the DOJ claims the marijuana industry is so evil) are allowed to advertise freely in all mediums.

Constitutional and federal law aside, it is morbidly fascinating from a philosophical standpoint that the administration is subverting the right to use marijuana to treat one’s illness by attacking two other, more deeply-held rights. After all, it certainly seems that more Americans care about free speech and property rights than they do about bodily autonomy. Will this policy end up being counterproductive to the stated goals of the administration?

Probably. Just like every facet of prohibition, it is pretty much doomed to failure in the long run.

If you’d like to tell the president how you feel about this, please go here or call (202) 456-1111.

Today is the day to tell President Obama that you’re fed up with his broken promises and his attacks on medical marijuana providers. Please join thousands of Americans in a National Call-In Day taking place from 10:00 am to 5:00 pm ET.

As you no doubt have heard by now, all four U.S. attorneys in California announced on Friday that they plan to aggressively target state-legal medical marijuana providers for violations of federal law. With virtually no justification, the Obama administration is going to deny patients safe access to their medicine and force them back into the criminal market.

This new development is especially disturbing, considering President Obama’s previous position: In 2009, based on an earlier campaign pledge, his Justice Department issued a memo declaring that individuals acting in compliance with state medical marijuana laws would not be prosecuted. Now, the president has gone back on his word.

Please join supporters of medical marijuana everywhere by making a quick call to the White House and telling President Obama how you feel. Finally, pass this along to all your friends so that we can generate as many calls as possible in opposition to this new policy!

During his run for the presidency, Barack Obama instilled hope in medical marijuana supporters by pledging to respect state laws on the matter. And for the first two years of his term, he was generally faithful to his promise. Yet suddenly, and with no logical explanation, over the past eight months he has become arguably the worst president in U.S. history regarding medical marijuana.

1. In 1970, Nixon signed into law the Controlled Substances Act, which placed marijuana in Schedule I -- the most restrictive of the five schedules, which declared that marijuana has no medical value whatsoever. Since then, all seven presidents have been content to keep marijuana in Schedule I, even going so far as to have (1) DEA bureaucrats overrule the DEA's own administrative law judge on the matter, and (2) Health & Human Services reject scientific petitions for rescheduling.

Read more ...

This is one of those stories that churns my stomach.

In early September, officials in Shawnee County, Kansas, announced that due to budget constraints, they would stop prosecuting misdemeanor domestic violence cases. This resulted in many domestic violence cases being dismissed without prosecution throughout the county. Also, a flood of such cases is being sent to the Topeka legal system instead.

Topeka is in just as dire economic straits as the county in which it resides. After determining that they could not afford to prosecute these cases either, the city council is now considering a series of proposals to cut expenses from the budget. One of those is removing the portion of the city code criminalizing domestic battery. Adding insult to injury, literally, they’ve chosen Domestic Violence Awareness Month to have this discussion.

Can’t these city council members think of something less vile, hurtful, and dangerous to both individuals and society than domestic abuse to decriminalize?

We have a suggestion:

 

Topeka City Council

215 SE 7^th, Room 255

Topeka, KS 66603-3914

Re: Decriminalization of Domestic Violence

 

Dear Councilmembers,

It has come to my attention that the city of Topeka, facing unprecedented budget shortfalls, is considering repealing that portion of the city code that bans domestic battery as a means of forcing county officials to prosecute this crime – something Shawnee County District Attorney Chad Taylor has apparently already stopped doing. In fact, since Taylor announced on September 8 that he would no longer be prosecuting misdemeanor cases in the City of Topeka, 30 domestic battery cases have not been pursued, and three alleged domestic violence offenders have been released – their cases put on hold – until the dispute over who will pay for prosecution of such cases has been resolved.

I write to offer a potential solution to this standoff: decriminalize misdemeanor marijuana possession instead. Many other governments, state and local, are facing similar budget deficiencies and are increasingly turning to marijuana decriminalization as a partial solution. In fact, just this year the Connecticut Legislature passed a measure decriminalizing possession of less than half an ounce of marijuana. In 2008, 65% of Massachusetts’ voters approved a similar measure, and ten other states – including neighboring Colorado and Nebraska – have also decriminalized possession of small amounts of marijuana.

Marijuana decriminalization is also an increasingly popular solution at the municipal level. Columbia, Missouri, Ann Arbor, Michigan, and even your in-state neighbor, Lawrence, Kansas are among the many municipalities that have made possession of marijuana a civil, fineable offense with no possibility of jail time.

Not only would decriminalizing marijuana free up funds, but Topeka police, who would otherwise be tied up booking and processing non-violent marijuana users, could instead simply write a ticket and return to protecting the community from real threats to public safety, like domestic abusers. The same goes for judges, prosecutors, and district attorneys, like Mr. Taylor, should Shawnee County consider a similar move.

As our recession recovery continues, all across the country cities and counties are being forced to make decisions, many of them very difficult, about what services they can afford to provide. This decision, however, should be an easy one. People who choose to use marijuana instead of more dangerous drugs like alcohol are not public safety threats. On the other hand, those who would abuse their own loved ones are among the greatest threats to public safety in any community. Battered spouses should not be left defenseless in the name of enforcing misguided marijuana laws. Will you please consider this sensible alternative? I look forward to your reply.

Sincerely,

Dan Riffle

Legislative Analyst

Marijuana Policy Project

Hopefully, the Topeka City Council will listen to reason and at least seriously consider this option. After all, even staunch drug warriors have a hard time explaining how simply decriminalizing possession of small amounts of marijuana can actually hurt anybody. In Massachusetts, where possession of less than an ounce is now treated as a civil infraction, law enforcement is recognizing that there have been no noticeable negative consequences to such a policy.

I’m pretty sure that everyone can agree domestic violence is much more harmful. Except, perhaps, the abusive scum that will walk if the city council moves ahead as planned.

We’ll let you know if they respond.

Support the Marijuana Policy Project: Donate. Subscribe to the MPP Newsletter. Take Action.

UPDATE: Write President Obama and make your voice heard!

In a press conference today, all four U.S. Attorneys in California announced that the administration will no longer ignore dispensaries and will actively prosecute many commercial operations. The attorneys said they will concentrate on criminal prosecution and asset forfeiture against the landlords of medical marijuana dispensaries or cultivation centers, and threaten action against certain commercial organizations. Multiple businesses throughout the state have been given 45 days to close down. To support the increased efforts to eliminate the medical marijuana industry, they claim that it has been overtaken by criminal organizations and harms communities, yet do not offer justification of these claims at the present time. In the absence of regulated and licensed dispensaries, however, many patients will likely be forced to obtain medical marijuana from street dealers and gangs, which will doubtless create additional law enforcement and public safety problems for California.

Despite campaign promises not to spend limited law enforcement resources interfering with state medical marijuana laws and a 2009 Department of Justice policy directive against targeting individuals acting in compliance with state medical marijuana laws, the U.S. Attorneys signaled that they now intend to prosecute individuals who provide that medicine to patients under safe, regulated conditions.

"How can the Obama administration say that it's fine for sick people to use this proven medicine, and yet tell them they can’t have any legal place to get it?” asked Rob Kampia, executive director of the Marijuana Policy Project. “Medical marijuana isn't going away. Over 70 percent of Americans support making medical marijuana legal, and 16 states allow it.”

“The end result of the federal government's policy is to ensure that medical marijuana is sold illegally in most parts of the country, as well as to create needless suffering for patients who can't find a place to buy medical marijuana."

Since 2009, eight states have enacted or implemented laws that set high standards and strict regulations on medical marijuana dispensing, moving away from previous “gray market” models that lacked licensing or regulations. During the previous administration, targeting providers in California did not prevent marijuana profiteers from operating. Instead, a federal policy of interference with state medical marijuana laws pushes states towards programs with confusing legal gray areas and little to no control over the operation of providers.

We will be continuing to post updates on this issue and the response from the medical marijuana industry and patients.

For a full text of the Department of Justice press release, go here.

UPDATE: Write President Obama and make your voice heard!

Support the Marijuana Policy Project: Donate. Subscribe to the MPP Newsletter. Take Action.

As part of the federal government’s escalating efforts to shut down the medical marijuana industry, the IRS is claiming that Harborside Health Center, an Oakland dispensary that is thought by many to represent the best practices in the industry, owes them roughly $2.5 million in back taxes. The reason for this is that during the audit, the IRS would not let Harborside deduct many of its business expenses.

Most of these expenses were for things that all other legitimate businesses are allowed to deduct, such as rent and payroll. They were, however, allowed to deduct the actual marijuana being given to patients. The reason for all this is Section 280E of the Internal Revenue Code, which basically allows the IRS to fully tax any group it considers a drug trafficking organization. This is mostly used to snare actual drug traffickers for tax evasion, much like the way Al Capone was finally arrested. Criminal kingpins are not known for filing taxes and reporting their illicit income.

The IRS claims that Harborside, and all other dispensaries, are criminal organizations, so they can’t make any of the deductions other businesses make. But they will still take the money. Many are worried that this will destroy the industry by making it impossible for most dispensaries to afford to stay in business.

MPP is currently pushing a pair of bills through Congress that would remove this threat to patients and providers, as well as allow banks to do business with dispensaries without fear of federal prosecution.

Please urge your representative to sponsor the Small Business Tax Equity Act of 2011 and the Small Business Banking Improvement Act of 2011.

While we’re waiting for Congress to act on these bills (and it may take a while), feel free to contact the IRS and tell them that tax-paying medical marijuana businesses are legitimate and should be treated as such. They are not drug dealers.

Here’s the number: 1-800-829-4933