We are all used to the federal government offering only limited deference to states when it comes to medical marijuana. And we are certainly used to it refusing to admit that patients have a legal right to use marijuana for medical purposes, or even that marijuana has medical value at all.

Apparently, it also thinks that those who are abiding by state law and using medical marijuana do not have certain constitutional rights, either.

In a memo issued last week by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the federal government asserted that it is a violation of federal law to possess a gun or ammunition if you are a marijuana user. This broad definition also includes individuals who are state-legal medical marijuana patients.

It is important to note that this is only the opinion of the BATFE and is not legally binding. A case dealing with this issue for an individual patient has not been taken up on a federal level, yet many who are charged with federal marijuana violations often find themselves facing additional firearms charges extending from searches of their property. The Department of Justice has so far kept fairly close to its word when it comes to leaving medical marijuana patients alone, but one could easily imagine a situation in which a firearm violation could be used to prosecute a particularly meddlesome patient who may not be doing anything involving marijuana that would warrant investigation.

It is also important to remember that the federal government cannot force state and local law enforcement to enforce federal law. For example, the DEA can’t make the Colorado state police ignore their medical marijuana laws and start arresting patients for violating the Controlled Substances Act. So don’t start worrying that just because you have a medical marijuana card, you are about to be raided because you own a firearm. In fact, a court decision in Oregon ruled that states have every right to allow patients to possess firearms and may even grant them concealed-carry licenses if they wish.

However, federal law enforcement does reserve the right to charge you with firearms violations if you are a patient and own a gun. This should be no more worrisome in practical terms than the Department of Justice asserting that it has the legal right to charge you with marijuana violations if you are a patient and own some medicine.

This is much more troubling in terms of individual rights and human dignity. The Second Amendment clearly states our rights as citizens to possess firearms. The federal government, however, seems to think that people who use marijuana to treat their illnesses can not only face arrest for doing so, but are also not entitled to the same constitutional rights as everyone else. Regardless of the promises to not target medical marijuana users, it is pretty clear that the government views them as second-class citizens. This discrimination cannot be tolerated in a free society.

The full memo can be viewed here.

Special thanks to Ed Docter from the Montana Cannabis Industry Association for the tip.

Last week, we discussed the near record number of arrests for simple marijuana possession in 2010, and how no matter how many people we arrest for marijuana violations, the rates of use are unaffected.

Just to put that in perspective, it turns out that last year was the second biggest year for marijuana arrests in United States history!

Check it out:

It is very disturbing to see how far the actions of our law enforcement community really are from public opinion and actual rational thought when it comes to policy. The year with the second highest number of arrests in national history came simultaneously with an increased acceptance of marijuana use and an increase in public support for change. How does this make sense?

The good news is that we can stop this by supporting state and national reform measures in any way possible. While exact statistics aren’t available yet, it is certain that a noticeable percentage of the decrease in arrests over the last two years was due to MPP’s Question 2 passing in Massachusetts and going into effect in 2009. This initiative removed criminal penalties for the possession of less than an ounce of marijuana and replaced the criminal penalty with the equivalent of a parking ticket. If we keep working together to pass sane, rational marijuana laws, we can make that number drop before next year.

In medical marijuana states, it is pretty common to hear sensational news reports about crime associated with dispensaries. Stories of violent robberies, late-night burglaries, diversion and illegal sales, weapons, and even murder get a lot of attention from the media. They get even more attention from law enforcement, who see such stories as yet another way to convince people that medical marijuana is dangerous and scary and should be revoked.

Law enforcement is so desperate to prove this connection between dispensaries and crime that they searched all over the country for data that would support their hypothesis.

Lo and behold, it turns out the exact opposite is true.

Today, the non-partisan Rand Corporation released a study on crime near dispensaries conducted in Los Angeles before and after a recent ordinance forced the closure of nearly 400 locations. According to the report, crime increased by as much as 54% in the areas surrounding dispensaries that were forced to close within ten days of the ordinance going into effect. Neighborhoods near dispensaries that stayed open showed no increase in crime during that period.

We at MPP have been saying for some time that by closing dispensaries in medical marijuana states (or localities, even), authorities are driving patients into the illicit market. While I would hesitate to call such an act a crime, as opposed to a necessity, this study apparently shows that other sorts of crime are affected by the presence of dispensaries. Some contributing factors include the large volume of people there throughout the day, the security measures put in place to protect patients and employees, and the fact that the police actually depend on dispensary video surveillance to prevent and solve crimes!

Authorities should take note of this information, particularly in places like Michigan and Montana, where the medical marijuana industries have been all but shut down recently by overzealous public officials and community groups. Most of these groups depended on overblown concerns about community safety for their efforts to be successful. It’s time for a little education.

The FBI released their annual Uniform Crime Report yesterday, and the results are anything but surprising. Across the country, people continue to be arrested for marijuana-related violations at an alarming rate, despite the steadily decreasing stigma associated with it and increasing efforts at reforming our irrational marijuana laws. And guess what? It still isn’t working. Our esteemed leaders claim otherwise, even while admitting that they need to change their tactics!

Over the past year, the Obama administration stated that the “war on drugs” is over, and that the government was going to shift its focus away from law enforcement and interdiction and instead put more effort toward public health and education with regard to drugs. At a press conference just last week, Office of National Drug Control Policy director Gil Kerlikowske stated that we cannot arrest our way out of the drug problem.

If these statements are true, then how do they justify the arrests of more than 853,000 people for marijuana-related violations in 2010? That’s one person arrested every 19 seconds! The Drug Czar maintains that law enforcement protocols are still considered a useful tool for eliminating suppliers and dealers as a way to decrease overall use.

Okay, that seems like it makes sense. So how many of those 853,000 arrests were for sale or manufacture of marijuana? The answer is just over 103,000. That means that more than 750,000 people were arrested last year for simple possession! A remarkably small number of people who may have distributed marijuana were arrested last year, along with three quarters of a million simple users, in an effort to curb marijuana use nationwide.

Were those people “useful tools” in preventing marijuana use? Absolutely not. According to the government’s own data, marijuana use actually increased last year.

Now, we’ve seen that Kerlikowske is correct when he says that we can’t arrest our way out of this “problem.” We can see that arresting people for marijuana, even for marijuana sales, has no effect on marijuana use rates. This glaringly obvious fact makes such statements from the federal government even more confusing, given their continued trend of upholding the status quo at all costs.

Let’s look at some slightly more disturbing aspects of this report.

Arrests for simple marijuana possession accounted for 5.7% of all arrests in 2010! That is a significant percentage of our law enforcement efforts devoted to punishing people for a victimless crime. It seems that there are better ways to use those resources, especially considering that there were more arrests for marijuana possession than for all violent crimes. How many violent acts occurred last year that did not result in an arrest? How many rapes and murders went unsolved due to lack of funds or personnel?

The Obama administration has repeatedly claimed that we need to rethink our approach to drug problems. If it really means this, it needs to seriously consider the most obvious starting point: taxing and regulating marijuana for adults. It is time we stop spending billions of dollars ruining people’s lives in a vain attempt to prevent them from using a plant that humans have used safely for thousands of years.

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On Thursday, the American Civil Liberties Union officially announced its endorsement of the Campaign to Regulate Marijuana like Alcohol in Colorado, which is currently collecting signatures to be on the ballot in 2012.

Among the reasons cited for the endorsement are the disproportionately high arrest rates of minorities for simple possession of marijuana and the unjustifiable expense of public funds.

According to a statement from the ACLU: “The war on drugs has failed. Prohibition is not a sensible way to deal with marijuana. The Campaign to Regulate Marijuana Like Alcohol will move us toward a more rational approach to drug laws."

Colorado currently represents the best chance of any of the states to end marijuana prohibition by taxing and regulating this relatively safe substance. We need all the help we can get to gather the signatures necessary to get this initiative on the ballot. If you want the chance to vote on a sensible marijuana policy for Colorado please volunteer or donate here. Even if you don’t live in Colorado, please consider helping out. Once one state begins to tax and regulate marijuana, it won’t be long before others follow suit.

UPDATE: As of Nov. 7, charges against Willson Nixon have been dropped. Too bad that only seems to happen for the children of the powerful. In other news, Missouri will consider dropping marijuana charges for everyone!

ORIGINAL:In other Missouri news, college student Willson Nixon was arrested for possession of marijuana at a house party earlier this week. This happens every day in Missouri and around the country, unfortunately endangering the ability of students to continue their educations or find employment after college. Willson Nixon just happens to be the son of Missouri Gov. Jay Nixon.

When asked about the incident, the Governor had this to say:

This is a private matter that will be handled through the municipal process.  My son is a fine young man, and we will be working through this issue as a family.

It is unclear what kind of penalty Willson will pay for his youthful indiscretion, but it doesn’t sound like Dad is going to let him off the hook completely. Hopefully, this incident will remind the governor that marijuana prohibition hurts everyone, even “fine young men” like his son.

He should be thankful Willson wasn’t arrested like this:

Update: The ACLU has filed a lawsuit against Linn State Technical College.

When I saw this story in my Google news alerts today, I thought for sure there must be some mistake. Nope, no mistake. Linn State Technical College, a 1,200-student two-year college just outside of Jefferson City, Missouri, plans to require all incoming freshmen to submit to mandatory urinalysis drug testing. The screening will test for 11 drugs, including marijuana, and students who test positive will be kicked out unless they test clean after 45 days and take a drug-prevention course or engage in other unspecified activities. For good measure, students will have to pay $50 for the tests themselves (no word on whether the test actually costs $50) and will not be reimbursed if they pass.

It’s an unprecedented invasion of privacy – no public college has ever required mandatory drug testing of its entire student body. There are some high schools that drug test students, mostly those participating in sports and other extra-curricular activities, as the Supreme Court has upheld suspicionless drug testing in only limited circumstances. Not surprisingly, evidence shows that making students pee in a cup is not an effective deterrent of drug use.

Ironically, the college claims it’s testing its students to help them prepare for their life after school in the United States where it claims most employers drug test. As the ACLU rightly points out, there’s no reason an institution of higher learning can’t accomplish this by, you know, educating their students. And for the record, I’m an attorney, I’ve held at least six jobs since graduating from college, and I’ve never been forced to take and pass a drug test as a precondition of employment.

Speaking of the ACLU, if you or someone you know is a student at Linn State, they’re looking for plaintiffs to help challenge this policy in court. Hopefully some good old-fashioned public outcry will solve this problem without the help of courts.

The Marijuana Policy Project is proud to co-host the International Drug Policy Reform Conference, a biennial event that brings together people from around the world who believe that the war on drugs is doing more harm than good.

For those eager to start making plans to attend the 2011 Reform Conference, good news! The online registration is now open.

The 2011 Reform Conference will take place in Los Angeles, California from Wednesday, November 2 through Saturday, November 5 at The Westin Bonaventure.

This year attendees will have the opportunity to spend three days interacting with people committed to finding alternatives to the war on drugs while participating in sessions given by leading experts from around the world. Don’t miss the opportunity to be a part of this event.

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