Today’s New York Times includes a feature story about California medical marijuana provider Matthew Davies, who federal prosecutors are pressuring to accept a five-year mandatory minimum as a plea agreement. Federal authorities indicted Matthew last year on charges of marijuana cultivation, calling him “one of the most significant commercial marijuana traffickers to be prosecuted in this district.” By all accounts, the two dispensaries Matthew owned were in total compliance with state law and were models of professionalism and service.

He brought graduate-level business skills to a world decidedly operating in the shadows. He hired accountants, compliance lawyers, managers, a staff of 75 and a payroll firm. He paid California sales tax and filed for state and local business permits.

“This is not a case of an illicit drug ring under the guise of medical marijuana,” [his attorney] wrote. “Here, marijuana was provided to qualified adult patients with a medical recommendation from a licensed physician. Records were kept, proceeds were tracked, payroll and sales taxes were duly paid.”

Does this sound like a dangerous criminal who we should spend federal resources to arrest, prosecute, and possibly jail? Medical marijuana providers who followed state law, like Matthew, weren’t supposed to be the targets of federal attack and provide an excellent example for others in the industry. Nevertheless, he is facing a significant amount of time in jail regardless of whether he takes the plea, which will surely take a serious toll on him and his family.

“To be looking at 15 years of our life, you couldn’t pay me enough to give that up,” Mr. Davies said at the dining room table in his two-story home along the San Joaquin River Delta, referring to the amount of time he could potentially serve in prison.

Matthew and his family are not taking this lying down. Matthew’s wife Molly published this open letter to President Obama today in the Huffington Post. You can find out more about Matthew’s case and how you can help at http://www.keepmattfree.org/.

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MPP is taking issue with former Congressman Patrick Kennedy's plan to force marijuana consumers into treatment and marijuana "education" classes, which his new organization, Smart Approaches to Marijuana (SAM), is scheduled to unveil in Denver on Thursday.

"The proposal is on par with forcing every alcohol user into treatment at their own cost or at a cost to the state," said MPP communications director Mason Tvert. "In fact, it would be less logical because the science is clear that marijuana is far less toxic, less addictive, and less likely to be associated with acts of violence."

MPP is calling on Kennedy, whose family made a fortune selling alcohol, to explain why he wants to keep an objectively less harmful alternative to alcohol illegal. Specifically, MPP is asking Kennedy to address the question on SAM's website and provide facts regarding the relative harms of marijuana and alcohol. MPP also launched an online petition this morning asking Kennedy to provide an explanation or resign as chairman of SAM, which received more than 1,500 signatures within the first hour of being posted – http://chn.ge/13e9Qjl

"Former Congressman Kennedy's proposal is the definition of hypocrisy," Tvert said. "He is living in part off of the fortune his family made by selling alcohol while leading a campaign that makes it seem like marijuana – an objectively less harmful product – is the greatest threat to public health.”

"If this group truly cares about public health, it should be providing the public with facts regarding the relative harms of marijuana and discouraging the use of the more harmful product," Tvert continued. "Why on earth would they want keep a less harmful alternative to alcohol illegal? Former Congressman Kennedy and his organization should answer this question before calling on our government to start forcing people into treatment programs and throwing them into marijuana ‘education’ camps."

The organization, which claims such anti-marijuana zealots as Kevin Sabet and David Frum as members, purports to represent a moderate “third way” of marijuana policy that is supposedly a compromise between legalization and prohibition. The reality is that a well-regulated and taxed system to control cultivation and sale of marijuana is the truly moderate position between total unregulated legalization and the failed policies that constitute the government’s war on marijuana.

Leave it to prohibitionists to inaccurately frame a debate!

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On Nov. 6 of last year, the state of Washington made the possession and use of marijuana legal for adults. Marijuana remains illegal in Washington, D.C., the home of the Redskins. Last week, the District of Columbia ranked ninth on a list of America’s ‘25 Drunkest Cities,’ while Seattle, home of the Seahawks, didn’t even make the list.

Is it a coincidence that the Seahawks handily beat the Redskins this past Sunday?

Perhaps. (Nevertheless, it is worth noting that both the Seahawks and the Denver Broncos have yet to lose a game at home since their respective states made marijuana legal.)

But we have to wonder why the NFL continues to prohibit marijuana use by players during the off-season, even in states that have made it legal, while simultaneously promoting alcohol use at every game. Moreover, the league continues to prohibit players in those states from using marijuana for medical purposes, despite its proven ability to ease chronic pain – a condition that affects many players.

Perhaps allowing professional athletes to make the choice to use marijuana instead of painkillers could make a difference in their performances. And so could allowing them to use marijuana instead of alcohol when they are relaxing or socializing with friends. Regardless, it is bad policy to continue punishing these athletes simply for making a safer choice.

[caption id="attachment_5638" align="aligncenter" width="300"] Photo by Mark Gail/MCT[/caption]

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Singer, poet, public speaker, and talk show host Henry Rollins has joined the growing ranks of public figures who support ending marijuana prohibition.

Rollins is not a marijuana user, either. As more and more people realize that marijuana prohibition is a harmful failure, the myth that only potheads want to make it legal is continuing to fade into the hazy realm of reefer madness.

From a column he penned for last week’s LA Weekly:

Like millions of Americans, I have no interest in smoking marijuana but can't see any reason to keep someone of age from lighting up.

I don't think it is a "gateway" drug any more than alcohol. The behavior one has to engage in when utilizing a controlled substance -- the sneaking around, the hiding of the stash, etc. -- that could be a gateway to more devious activity, fueled by the resentment of authority that is potentially engendered. ….

The president and the attorney general could turn over a new leaf in America and leave all matters mary jane to the states as they see fit.

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This past year was undeniably the most productive 365-day period in the history of the marijuana policy reform movement. There were a number of significant accomplishments, but here is the Marijuana Policy Project's list of the "Top 10 Marijuana Victories of 2012." As with our previous annual lists, it includes neither important scientific developments nor important international developments. Rather, this list focuses on the biggest marijuana-related policy accomplishments in the U.S. in the last year.

To read the full list, please visit The Huffington Post.

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The law overwhelmingly passed by Massachusetts voters in November officially went into effect on January 1, joining 17 other states and the District of Columbia in allowing the seriously ill to use marijuana with a doctor’s recommendation. Nearly a third of the U.S. population can now access medical marijuana if they have a qualifying condition!

While the people of Massachusetts are generally quite pleased about this, local governments are trying to delay implementation of the new law until the Department of Public Health can establish regulations to govern the program.

Apparently, local leaders would rather continue to arrest the seriously ill than wait four months for guidance from the state.

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After the marijuana-policy-reform movement's huge victories in Colorado and Washington on November 6, many people are asking, "What states will be next to enact measures to tax and regulate marijuana like alcohol?" (We refer to these as "T&R" bills or initiatives.)

It is important to note that this pair of 55 percent victories would have been less resounding had they appeared on the ballot during a midterm election. Presidential elections traditionally attract far more voters, many of whom are younger and more supportive of T&R than older voters. And when there are more voters, there tends to be more support shown for ending marijuana prohibition.

With that in mind, here is what the Marijuana Policy Project will be pursuing from 2013 to 2016:

To read the full list, please visit The Huffington Post.

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I attended a progressive event with MPP's Morgan Fox in D.C. last Tuesday, where Congressmen John Conyers (D-MI) and Barney Frank (D-MA) both spoke.

Unsolicited -- in front of the 60 or 70 activists and opinion leaders in attendance -- Rep. Conyers made an off-handed criticism of the drug war, which was nice to hear.

And Rep. Frank spent most of his time at the microphone talking about the marriage-equality victories on November 6 in four states, saying a few times that the gay-rights community "must press our advantage."

In other words, if the political momentum is on your side, you should use that momentum.

After their remarks, I chatted with Rep. Frank one-on-one.  (This would surely be the last time I speak to him before he retires from the U.S. House in January.)  After congratulating me on our wins in Colorado and Washington on November 6, he said to me, "We must press our advantage."

In fact, that's what we're going to do with a new slate of ballot initiatives for November 2016, as well as congressional legislation to allow states to determine their own marijuana policies without federal interference.

I want to thank Congressmen Barney Frank and Ron Paul (R-TX) for their service in the U.S. House; both men are retiring on the same day, as it turns out.  They've made a wonderful contribution to the marijuana-policy-reform movement through their legislative leadership over the last three decades.

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I’ve been organizing and advocating for marijuana policy reform in New Hampshire since 2007, and some of the successes have been very gratifying. After two near-victories on the medical marijuana issue (the governor vetoed bills in both 2009 and 2012), it now appears very likely that New Hampshire will pass an effective medical marijuana law in 2013.

However, I have often wished I could do something to help seriously ill patients in my home state of West Virginia. Sadly, medical marijuana legislation hasn’t been seriously considered in the Mountain State, despite the best efforts of Delegate Mike Manypenny (D-Taylor), who introduced bills in both 2011 and 2012.

The situation in West Virginia changed dramatically for the better this week, as Delegate Manypenny hosted a successful public forum Tuesday in the House of Delegates chamber. The forum was called “Should West Virginia Reform its Marijuana Laws?” and generated positive media coverage, including this article in the Charleston Gazette.

Featured speakers included an emergency room physician, the president-elect of the West Virginia Nurses’ Association, and a retired police lieutenant and FBI unit chief. This impressive line-up laid to rest once and for all the notion that marijuana policy reform supporters are merely self-interested marijuana users rather than conscientious, civic-minded advocates interested in improving public policy.

I was truly honored to be included in this forum and given the opportunity to speak about marijuana policy in the House chamber — a chamber I had last visited in the 1980’s as a student in the Wood County school system.

With strong, credible advocates like these supporting medical marijuana in West Virginia, patients in the Mountain State finally have reason to be optimistic about the future.

In New Hampshire, I’ve often argued that decision-makers should consider the state’s motto — Live Free or Die — when considering whether patients should be free to follow their doctors’ advice without fear of arrest. West Virginia’s state motto — Montani Semper Liberi (Mountaineers Are Always Free) — seems equally relevant to this issue.

May both states live up to their mottos by passing effective medical marijuana laws, and may they do so soon!

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In an interview released today, President Obama said that going after marijuana consumers will not be a priority of the federal government in states such as Colorado and Washington, where voters approved ballot measures this November making marijuana legal for adults. He also highlighted the need for a conversation about how to reconcile state and federal marijuana laws.

Marijuana officially became legal in Colorado on Monday after Gov. John Hickenlooper signed the voter-approved initiative into law. The measure adopted by voters in Washington went into effect last week. The initiatives also direct the legislatures of both states to create regulations in order to establish a legal market for businesses to cultivate and sell marijuana to adults.

While it is heartening to see Obama reiterating his position on not spending federal resources going after individuals, this does not represent a significant change in policy. Federal policy has not focused on them for some time, as most possession cases are dealt with at the state and local level.

The question is how the implementation of market regulations will be treated. It is time for the Obama administration and the governments of Colorado and Washington to determine how to work together to advance those state-based systems without frustrating legitimate federal interests. We look forward to having this conversation with White House and Department of Justice officials.

It seems like such a conversation is more possible than ever before, and supporters of reform should be cautiously optimistic. As Dominic Holden at The Stranger put it:

Obama is, if nothing else, encouraging more conversation about marijuana legalization instead of promising to shut it down. And the more people talk about this issue, the more it wins.

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