Two cases involving medical marijuana patients have reached the supreme courts of their respective states, and their results could have far-reaching implications for medical marijuana in the future.
In Washington, the state Supreme Court announced it will hear the appeal of a woman who was fired from her job at a telephone call center for testing positive for marijuana on a workplace drug test, despite being a registered medical marijuana patient. While the medical marijuana law in Washington does not protect patients using marijuana in the workplace, the patient had never used her medicine while on the job, and did not work in a role where residual intoxication could prove dangerous to others. Her employer terminated her for using a medicine that she was legally allowed to use in her own home.
It is not known whether this company, Teletech, has fired employees for testing positive for other controlled substances that they have been using legally on the advice of a physician. My guess is they have not.
The final ruling in this case will clarify the rights of employers and employees in medical marijuana states and will no doubt influence the language of future bills, as will the case of Joseph Casias, a Michigan medical marijuana patient who was fired under similar circumstances.
And on March 3, the Oregon Supreme Court will tackle the case of Cynthia Willis, a medical marijuana patient and long-time holder of a concealed-carry handgun permit. Jackson County Sheriff Mike Winters denied Willis' permit renewal after he learned that she was a patient, citing conflict with federal law barring drug users from possessing firearms.
So far, the lower courts have sided with Ms. Willis. Let's hope the highest court in the state does, too. People should never be denied their constitutional rights simply because they are sick.
appeal, constitution, drug testing, employment, firearms, Medical Marijuana, Oregon, Supreme Court, Washington
This article by Rob Kampia was recently in Huffington Post:
A few years ago, when the Marijuana Policy Project was lobbying the Minnesota legislature to pass a modest medical marijuana bill, the state prosecutors association led the opposition. Rank-and-file police from the Twin Cities left their beats to fill up committee hearing rooms -- in uniform, with handguns strapped to their waists -- in an attempt to intimidate the state legislators on the committees.
And law enforcement lied, lied, lied, so much so that we started distributing daily "Law Enforcement Lie of the Day" videos to all state legislators and political reporters in the state. We also slammed the leading local prosecutor's office with phone calls from angry constituents; he privately threatened to arrest us for "obstructing justice." I almost wish he had arrested us so that he would have had to explain why trying to help sick people interferes with justice, but he didn't.
For a couple years, it was all-out warfare, but we finally passed a medical marijuana bill through the legislature in May 2009, only to see Gov. Tim Pawlenty (R) veto the bill, saying he preferred to "stand with law enforcement."
State prosecutors, police, sheriffs, and attorneys general -- not to mention federal DEA and FBI agents -- are almost universally opposed to marijuana policy reform measures in every state, to the point where they actually spend time and taxpayer money campaigning and lobbying against us. Why?
1. IGNORANCE: For the most part, rank-and-file cops aren't trained scientists or policy experts. They don't spend much time reading medical studies or public policy analyses, and they generally don't have much knowledge about the issue beyond how it directly affects their jobs. When presented with such information, they tend to listen to the people they encounter most in their work. Unfortunately, those people are almost always government officials or those with a vested interest in keeping marijuana illegal, such as drug treatment specialists. Since this information comes from "trusted sources,' it's usually accepted as fact, and differing viewpoints are therefore ignored.
2. JOB SECURITY: Before MPP helped decriminalize marijuana possession in Massachusetts in November 2008, we learned that marijuana-possession arrests accounted for 6% of all arrests in that state each year. So, to some extent, law enforcement was opposing our ballot initiative because they were concerned that some of them might need to be laid off if there were fewer "criminals" to arrest and prosecute. As for me, I never thought that 6% of law enforcement would be laid off; more likely, we were freeing up law enforcement to go after real criminals. Which leads me to...
3. QUALITY OF LIFE: According to the FBI, 48 law-enforcement officers nationwide were feloniously killed in the line of duty in 2009, and none of these were killed by enforcing drug laws. It makes sense that going after murderers would be more dangerous than sniffing under college students' doors. But policing exists to make society safer, and hunting down nonviolent marijuana users at the expense of thousands of unsolved assaults, rapes, and murders does nothing to accomplish this.
4. COGNITIVE DISSONANCE: It's hard for any person to change his or her political opinion after years of believing that opinion. So you can imagine how it would be even harder to change your opinion on an issue after you've ruined the lives of hundreds or thousands of people by arresting them on that issue. In other words, once a cop arrests marijuana users, testifies against them in court, and moves up the political food chain because of all this, it's almost impossible for that cop to then declare, "I was wrong."
Thankfully, there's an organization of principled law enforcement professionals who are neither ignorant, self-serving, nor mentally calcified. I'm talking about Law Enforcement Against Prohibition, an organization that deserves your wholehearted support.
And there is another ray of hope: When I talk to cops on the beat in the District of Columbia, where I live, I ask them, "What's the worst crime you usually have to deal with?" They almost always answer, "Domestic violence." I ask, "Is marijuana involved in that?" They laugh and say, "Never. It's almost always alcohol." So should marijuana be decriminalized, or maybe even legalized? "Probably, but the higher-ups would never go for that," they say.
So there you have it: There are plenty of police officers who see the futility and unfairness of marijuana prohibition up close, but most law enforcement officials with real authority support marijuana prohibition. Why the discrepancy?
The most obvious explanation is that the higher-ups are (1) more likely to be appointed or hired by mayors and city councils, and (2) responsible for presenting departmental budgets to those politicians every year. So perhaps there's a fifth reason why so many law enforcement officials are hostile...
5. FEAR OF OUT-OF-TOUCH POLITICIANS: Politicians are far behind the public when it comes to understanding the harms of marijuana prohibition. Whether politicians are afraid of being perceived as "soft on crime," of sticking their necks out on what is still a fairly contentious issue, or of offending particular special interest groups, opposition remains high among elected representatives. Law enforcement officials looking for bigger budgets and better jobs will echo these politicians ad nauseum, providing them with political cover and legitimacy. And there we have a self-perpetuating cycle.
This is why it's important to engage law enforcement on this issue at every opportunity. Whether it is the cop on your corner or the chief of police, opening the dialogue is vitally important.
New Mexico health officials have once again decided to expand the state's medical marijuana program. From the Associated Press:
[I]n another change that was welcomed by advocacy groups, Health Secretary Dr. Alfredo Vigil agreed to license eight new growers, boosting the state total to 25 in a push to increase plant production and serve more patients.
Since the program started in 2007, the state has faced problems ensuring a steady supply.
Vigil also agreed to allow growers to produce 150 mature plants and seedlings. Under earlier regulations, the limit was 95 plants.
To help finance the program, the state is also enacting new annual fees for growers, "ranging from $5,000 for producers licensed for less than a year up to $30,000 for those licensed for more than three years." There are currently about 3,000 patients in New Mexico's program, about half of whom have licenses to grow their own medicine.
Incoming Gov. Susana Martinez (R) has been openly hostile to the state's medical marijuana program, but a state health department spokesperson told the AP that the new changes will be implemented regardless of the change in office.
Supporters of a medical marijuana law in Illinois, headed by MPP, have announced the release of radio ads calling on Illinois residents to urge their state representatives to support Senate bill 1381, which would allow doctors to recommend marijuana, also known as cannabis, to qualified patients suffering from cancer, AIDS, multiple sclerosis and other debilitating illnesses.
The ad – which will be broadcast in the Chicago, Peoria, Quad Cities, and Rockford media markets – features Chicago resident and multiple sclerosis patient Julie Falco, who has used medical cannabis to help ease the pain and muscle spasms associated with her condition.
“I’ve tried many prescription drugs to control the extreme pain I’ve lived with every day,” Falco says in the ad. “However, most of them caused terrible side effects that left me flattened and nonfunctional. I’ve found that cannabis works best for me. It allows better control of my symptoms so I can lead a fulfilling, healthier quality of life. In Illinois, though, it’s a crime for me to use my medicine – even though my doctor recommends it. Thankfully the legislature can change that in early January.”
Falco then encourages the 68 percent of Illinois voters who support medical marijuana, according to a 2008 Mason-Dixon poll, to visit protectpatients.org and ask their state representative to support SB 1381. “People living with chronic illness should not be criminalized for following doctor’s orders,” Falco says.
To hear the ad, visit www.mpp.org/julie.
The state House of Representatives voted on SB 1381 on Nov. 30, but when neither side reached a majority, the bill’s sponsor asked for “postponed consideration,” meaning the bill could be raised again in early January before the new legislature is sworn in. Under the bill, qualified patients could obtain medical marijuana from state-licensed organizations regulated by the state health department, which would also issue medical marijuana ID cards to patients who receive a recommendation from their doctor.
This Sunday, at 9 p.m. Eastern, (8 p.m. Central, 7 p.m. Mountain, 6 p.m. Pacific, and 4 p.m. Hawaii) Free Speech TV (FSTV) will be premiering the hour-long version of Jed Riffe’s Waiting to Inhale! FSTV is available on DirecTV channel 348 and DISH Network channel 9415. If you subscribe to either of these providers, please check local listings for details.
Waiting to Inhale, a critically acclaimed documentary, examines the debate over marijuana and its use as medicine in the United States. Throughout this open and honest documentary, audiences explore the scientific efficacy of medical marijuana, as well as arguments that marijuana is a “gateway.” Along the way, Waiting to Inhale introduces its audience to patients whose lives are changed for the better by their use of medical marijuana.
Waiting to Inhale, funded in part by the Marijuana Policy Project, was the winner of the CINE Golden Eagle in 2005, winner of the Gold Special Jury Award at Worldfest in Houston in 2005, and was recently screened at the Salem Film Fest in Salem, OR. The Marijuana Policy Project has frequently used screenings of this amazing documentary to help educate both legislators and other opinion leaders, as well as the general public.
If you’re looking for something interesting, thoughtful, and entertaining to watch on Sunday night, I suggest you tune in to Free Speech TV at 9 p.m. (8 p.m Central, 7 p.m. Mountain, 6 p.m. Pacific, and 4 p.m. Hawaii). And feel free to let your friends and family know so that they can tune in as well. You may also want to let your elected officials or local opinion leaders know so that they can learn more about this important issue.
After his recent marijuana arrest, legendary musician Willie Nelson said it was time for an increased political focus on changing our nation's failed marijuana laws. "Tax it, regulate it and legalize it," he said, "and stop the border wars over drugs. Why should the drug lords make all the money? Thousands of lives will be saved."
With that in mind, MPP has teamed up with the folks at Change.org to ask Willie to help the cause in a way that only he can:
[I]f Nelson wants to help end pot prohibition, he can do more than inspire the push for reform -- he can help lead it. And one relatively easy way he can do so is by hosting a benefit concert next year to draw attention to the evils of the drug war, using his iconic pop culture status to raise money for those organizations and people that are working to make the dream of reform a reality. [...]
With marijuana legalization initiatives expected to be on the 2012 ballot in states like Colorado and California, the next year will be crucial in building momentum for reform. And Willie Nelson can help: just as he founded Farm Aid 25 years ago to support struggling farmers in the U.S., he should launch a benefit concert in 2011 aimed at drawing attention to the struggle to end pot prohibition. [Charles Davis/Change.org]
Learn more about the campaign here, and sign the petition here.
The New Jersey Senate passed a resolution yesterday that will give state health officials 30 days to come up with revised regulations for the state’s medical marijuana law – essentially rejecting a proposal Gov. Chris Christie (R) had put forward that was deemed too restrictive by patient advocates.
After the vote, state Sen. Nicholas Scutari called upon the Christie administration to work toward "a real compromise so people who want to be in the business, and sick people who desperately need this medicine can get together in a way that is legal and viable.’’
You can read a summary of Christie’s proposal from earlier this month here.
Marijuana use by 8th, 10th and 12th grade students increased in 2010, with more American teenagers now using marijuana than cigarettes for the second year in a row, according to numbers released today by the National Institute of Drug Abuse and the University of Michigan as part of the annual Monitoring the Future survey. In 2010, 21.4 percent of high school seniors used marijuana in the last 30 days, while 19.2 had used cigarettes.
“It’s really no surprise that more American teenagers are using marijuana and continue to say it’s easy to get. Our government has spent decades refusing to regulate marijuana in order to keep it out of the hands of drug dealers who aren’t required to check customer ID and have no qualms about selling marijuana to young people,” said Rob Kampia, executive director of the Marijuana Policy Project. “The continued decline in teen tobacco use is proof that sensible regulations, coupled with honest, and science-based public education can be effective in keeping substances away from young people. It’s time we acknowledge that our current marijuana laws have utterly failed to accomplish one of their primary objectives – to keep marijuana away from young people – and do the right thing by regulating marijuana, bringing its sale under the rule of law, and working to reduce the unfettered access to marijuana our broken laws have given teenagers.”
Since the survey’s inception, overwhelmingly numbers of American teenagers have said marijuana was easy for them to obtain. According to the 2010 numbers, the use of alcohol – which is also regulated and sold by licensed merchants required to check customer ID – continued to decline among high school seniors.
National Institute of Drug Abuse, NIDA, teen marijuana use, University of Michigan, young people