"The scientific record demonstrates that the cost of discontinuing the pursuit of potentially life-saving medications, because such compounds could be illegally diverted and abused, would be unacceptably high."

You might expect that the quote above came from MPP or some other medical marijuana activists in response to critics who oppose medical marijuana laws. You’d be wrong. It’s actually from the National Institute on Drug Abuse, the same agency that recently forced the National Cancer Institute to change its story after posting information on its website about marijuana’s efficacy in the treatment of cancer and chemotherapy side effects.

So what’s with the quote? You’ve probably heard of synthetic marijuana – K2 or “Spice” – which many people use instead of marijuana because (a) it’s legal (at least under federal law and in some states) and (b) it’s not going to get them fired if their employer drug tests. The chemicals are sprayed onto herbs which users smoke with the hopes of achieving a marijuana-like high. Unfortunately, while the chemicals are intended to mimic those in marijuana, they are actually much more dangerous and have led to numerous hospitalizations for rapid heart rate and blood pressure increases, anxiety, and hallucinations.

So where did the drug come from? Former Clemson University scientist John Huffman and his students discovered the compounds after obtaining a research grant from the National Institute on Drug Abuse (NIDA). With a grant of just over $2.5 million dollars, Huffman and his students and colleagues spent a decade developing over 500 synthetic cannabinoids. NIDA had originally asked him to synthesize the human metabolite of THC, but later modified their request to ask Huffman to focus on potential medical applications and THC’s effect on the brain.

Now that the DEA has placed an emergency ban on several of the chemicals used to make it, NIDA is defending itself from accusations that it’s responsible for the scourge. When ABC News asked NIDA officials to comment on an upcoming story, they gave the quote above and pointed out that “[r]esearch into cannabinoids has the potential to usher in the next generation of pain medications as well as possible treatments for obesity and multiple sclerosis."

Of course, I don’t point all this out to belittle NIDA’s comments – it’s true that this research is incredibly important. But given their position, you’ve got to wonder why NIDA officials have been working so hard to stifle research of real marijuana for so long.

As for the popularity of the more dangerous fake marijuana, that’s prohibition for you. If people had a legal, regulated way to obtain real marijuana without fear of repercussions, there wouldn’t be a need to create more dangerous fake alternatives. As Dr. Huffman himself says, “I talked to a marijuana provider from California, a doctor, a physician, and he said that in California, that these things are not near the problem they are in the rest of the country simply because they can get marijuana … and it's essentially decriminalized. And marijuana is not nearly as dangerous as these compounds.”

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In an interview Wednesday, Utah Attorney General Mark Shurtleff said that he had been tempted to use medical marijuana while undergoing treatment for cancer. He cited many of the reasons other medical marijuana patients do for wanting to use this treatment, including intense pain and being unable to keep anti-nausea medication down long enough for it to work. Unfortunately, medical marijuana is not legal in Utah, so Shurtleff was unwilling to use it, even when offered it by a friend.

This experience apparently taught Shurtleff why people would want to use this medicine. He even said that with the proper controls he would support a medical marijuana program in Utah, so that others in his situation wouldn’t have to choose between obeying the law and relieving their suffering. Hopefully, this will be a small step toward enacting such a bill.

Under current state law, Utah residents can be jailed for six months and fined $1,000 for possession of less than an ounce of marijuana. Sale of any amount nets a sentence of up to five years and a $5,000 fine.

While Shurtleff is to be commended for his change of heart, it is unfortunate that he had to go through such a horrible experience to finally see the necessity for medical marijuana access and patient protections. Our leaders shouldn’t have to feel the pain that patients feel to treat them with compassion.

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Last week, the Global Commission on Drug Policy, an international organization consisting of high level current and former heads of state and policy experts, released a report suggesting world governments give up the war on drugs and consider more rational harm-reduction policies, including removing all criminal penalties for the possession and use of marijuana. The Commission, which included former U.N. Secretary General Kofi Annan and former U.S. Secretary of State George Shultz, among many others, urged leaders to consider alternatives to incarceration for drug use to shift their focus toward treatment of drug abusers, rather than punishment and interdiction for recreational users.

"These prominent world leaders recognize an undeniable reality. The use of marijuana, which is objectively less harmful than alcohol, is widespread and will never be eliminated,” said Rob Kampia, executive director of the Marijuana Policy Project. “They acknowledge that there are only two choices moving forward. We can maintain marijuana's status as a wholly illegal substance and steer billions of dollars toward drug cartels and other criminal actors. Or, we can encourage nations to make the adult use of marijuana legal and have it sold in regulated stores by legitimate, taxpaying business people. At long last, we have world leaders embracing the more rational choice and advocating for legal, regulated markets for marijuana. We praise these world leaders for their willingness to advocate for this sensible approach to marijuana policy."

This study comes as Portugal enjoys the tenth year of its experiment with decriminalizing all drugs. Since making the bold policy move in 2001, Portugal has seen crime, use rates, addiction rates, overdose deaths, and blood-borne disease all decrease significantly. The study released last week suggests that a similar model could be adopted successfully elsewhere. It also stresses the damage that prohibition policies do to society, including massive government expenditure, enrichment of criminal organizations, and interference with treatment and prevention of diseases like HIV/AIDS.

Today, reports issued by several Senate subcommittees stated that America's massive spending to fight the drug war in Latin America has not stopped narcotics from entering the U.S., nor has it affected use rates.

So what exactly is the justification for this continued insanity?

UPDATE: The Marijuana Policy Project's Robert Capecchi talks about the Global Commision on Drug Policy report on FOX9 in the Twin Cities.

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The good news just keeps on coming. The Connecticut House of Representatives just passed a bill to decriminalize possession of less than half an ounce of marijuana! The Senate passed the bill over the weekend, so it now heads to the desk of Governor Dan Malloy who is sure to sign it. Malloy has been a strong supporter of decriminalization and deserves much of the credit for this bill passing.

With today’s vote, the penalty for possession of less than half an ounce of marijuana will drop from a misdemeanor to a civil violation. First offense possession of a small amount of marijuana, or paraphernalia intended for it, will be punishable by a $150 fine, with penalties escalating to $200-500 for a second offense, and mandatory treatment for a third offense. Most importantly, violators will be cited rather than arrested and will not be saddled with a criminal record. Connecticut is the 14^th state to decriminalize possession of small amounts of marijuana, joining neighboring Massachusetts, which became the 13^th state when voters passed an initiative written and sponsored by MPP’s ballot committee in 2008.

Congratulations to Lorenzo Jones and the staff of A Better Way Foundation, and the Drug Policy Alliance, who together led the lobbying effort to pass SB 1014. Also, thanks and congratulations to our members in Connecticut who made calls and sent emails to their legislators in support of this common-sense reform.

Decriminalization is not the magic solution that solves all our problems, but it is a step in the right direction. During the floor debate it was noted that 20 people spent time in a Connecticut jail this year just for possession of a small amount of marijuana and, shockingly, another 10,000-12,000 were arrested for the same. That means, thanks to this bill, thousands of otherwise law-abiding people who simply choose to use a substance safer than alcohol will not be arrested and will not receive criminal records.

Makes sense to me.

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Vermont Governor Pete Shumlin – who MPP helped elect – just signed a bill to make Vermont state law the eighth to explicitly authorize and regulate dispensaries where registered patients can purchase medical marijuana. Today’s signing marks the culmination of a two-year lobbying effort led by MPP and the third bill signing we’ve been a part of just this month. Many thanks to Governor Shumlin and the bill’s sponsors, Senators Jeanette White, Hinda Miller, and Dick Sears for their leadership, and the dedicated patient advocates throughout the state who made the case for adding dispensaries to Vermont’s medical marijuana law.

[caption id="attachment_4156" align="aligncenter" width="384" caption="MPP’s lobbyists and several of the state’s most committed patient advocates watch as Vermont Governor Pete Shumlin signs S. 17"][/caption]

Today’s signing bucks a trend of sorts. Governors in Rhode Island, Arizona, and Washington have all put the brakes on bills or laws to allow dispensaries, after receiving threatening letters from U.S. Attorneys in their states. Shumlin and legislative leaders received a similar letter on May 4, the day before the House of Representative was slated to vote on the dispensary bill. We were able to address concerns in the House and the administration, and the next day the House passed the measure 99-44 – with a copy of the letter on the desk of each representative.

One reason we were able to convince elected officials to move forward is that, despite the letters, there has still never been a raid on any dispensaries in states that explicity recognize and regulate dispensaries and that are in compliance with those laws. On the other hand, it’s unfortunate, but not uncommon, to see raids of dispensaries in places with more ambiguous laws that don’t specifically address dispensaries. In other words, in practice, it seems U.S. Attorneys are abiding by a narrow interpretation of the policy announced in the 2009 “Ogden memo,” in which these attorneys were instructed not to take action against anyone in “clear and unambiguous compliance” with state law.

Ironically, that means the best way to avoid any federal enforcement action is to do exactly the opposite of what Washington, Arizona, and Rhode Island’s governors are doing, and instead embrace state laws that explicitly authorize and regulate dispensaries, like Gov. Shumlin and Delaware Gov. Jack Markell. Let’s hope today’s signing marks the end of this troubling trend.

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Earlier this month, a story came out about a series of raids carried out in a Tuscon, Arizona neighborhood that were part of a marijuana trafficking investigation. There was sketchy information at first, but what was certain was that a 26-year-old father and ex-Marine who served two tours in Iraq was dead after suffering at least 60 gunshot wounds at the hands of the Pima County SWAT team.

This kind of overwhelming force is inappropriate for enforcing marijuana prohibition in almost any context, but there could be extenuating circumstances that justified its use, such as the fact that the victim, Jose Guerena, was armed, and the allegation that he threatened officers. At least, that is what the Pima County Sheriff's Department is trying to make everyone think.

Soon after the incident, the media started looking into the facts of the case, and the story of what happened that morning looked less and less believable. In an article for the Huffington Post, Radley Balko investigates the circumstances surrounding Jose Guerena's death, and the efforts by the police to hinder any such investigation. Here is an excerpt, but please take the time to read the entire article here.

Perhaps we will at some point see convincing evidence that Dupnik and Storie are right -- that Jose Guerena was in fact a drug dealer and violent criminal who dressed up like a cop to rob rival drug dealers and innocent citizens of Pima County. But at this point, all we have is a dead father and veteran, a violent series of raids that make little sense, and a police agency that over the last three weeks has put out incorrect information, insisted that it would be dangerous to release any further information, and, at the same time, allowed a police representative to release information favorable to the department.

It is high time the public holds people in powerful positions accountable for their abuses, and not allow them to quiet us with the argument that their actions are in our own best interests.

Update: New information, courtesy of Radley Balko.

Here is the video of the raid:

Do you think this is appropriate use of deadly force?

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Today, the Arizona Republic covered Gov. Jan Brewer’s outrageous, not-yet-filed lawsuit that calls the state’s voter-enacted medical marijuana law into question. Gov. Brewer alleged a major reason for the suit was fear that state employees could be in jeopardy. This claim was disingenuous given that Arizona U.S. Attorney Dennis Burke’s letter hadn’t mentioned state employees, and Brewer didn’t even bother to ask him if they would be at risk.

Apparently, reporter Mary K. Reinhart was more resourceful than Gov. Brewer. She spoke to U.S. Attorney Burke, who said "We have no intention of targeting or going after people who are implementing or who are in compliance with state law. But at the same time, they can't be under the impression that they have immunity, amnesty or safe haven." Burke also said they plan to focus drug enforcement on cartels and major trafficking, and that they have no intention to prosecute state employees.

This sounds like, in practice, the Arizona U.S. Attorney plans to abide by the 2009 Ogden memo that advises against targeting those in clear and unambiguous compliance with state laws, and by prior statements by U.S. Attorney General Eric Holder and President Barack Obama.

In practice, as MPP has reminded lawmakers, the federal government has not been targeting those dispensaries that are state-registered, complying with state law, and operating in states with clear regulations and registration requirements. There have been no raids on dispensaries or licensed producers in New Mexico, Colorado, or Maine.

We hope this marks the beginning of the end of the scare tactics from U.S. Attorneys. We also believe that any alleged violation of state law should be up to state — not federal — law enforcement officials and/or courts to consider.

Join in the campaign to ensure the federal government does not interfere with state medical marijuana laws by asking your representative in Congress to support three bills in Congress that would provide legal protection to those complying with state law.

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On Monday, former Minnesota governor Tim Pawlenty announced his decision to run for President of the United States. This should have been cause for concern for marijuana reformers and medical marijuana patients, and today that concern was justified.

Gov. Pawlenty has been no friend to marijuana reform in the past. In 2009, he vetoed a bill that would have allowed only terminally ill Minnesotans to use marijuana to ease their pain in their final days. Even though this bill was narrowly tailored to address the concerns of law enforcement, Pawlenty vetoed it regardless, citing... further law enforcement concerns.

This is the same guy who supported a court decision that could have made possession of bong water a felony.

Given this disturbing behavior, and the damage that an anti-marijuana zealot in the White House could do to all the progress we have made in the last few years, we decided to find out if T-Paw still feels the same about the issue.

He does.

After speaking today at the Cato Institute in Washington, D.C. on such subjects as limited government, federal interference in health care, and saving taxpayer money, MPP’s Bob Capecchi asked the former governor how he could justify vetoing the Minnesota medical marijuana bill, given his stances on these issues.

Pawlenty dodged these obvious inconsistencies completely, and deferred to his standard rhetoric.

“Marijuana? Yeah,” Pawlenty said. “Well... I stood with law enforcement on this issue. We just have a respectful difference on this issue."

He also mentioned that law enforcement have pretty serious concerns about medical marijuana. Is one of those concerns losing the ability to waste taxpayer money arresting sick people? This difference of opinion doesn’t seem respectful to seriously ill people, let alone to ideological consistency or integrity.

Marijuana reform could become a huge issue during the next presidential election. It is important that we keep putting pressure on candidates to clearly state their position on the issue, and to hold them accountable for that stance in the polls. We need to confront every candidate at every opportunity! Some of us are sure to get chances to question the candidates prior to the election, so let’s use them!

Please send any video of candidates answering such questions to outreach@mpp.org.

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Arizona Governor Jan Brewer announced yesterday that she is directing state Attorney General Tom Horne to go to federal court to question the validity of Arizona’s voter-enacted medical marijuana law. The suit will be filed this week. Brewer said the state attorney general will not defend the law.

Brewer initially indicated the state would be putting both patient ID cards and dispensary registrations on hold. Since then, her spokesperson announced they will continue issuing patient ID cards, after the administration apparently realized that the MPP-drafted law includes a safety valve so that a doctor’s certification and a notarized statement would function as an ID card if the state stopped issuing cards. The state was scheduled to begin accepting dispensary applications next week, but whether they will do so is now in question. If dispensary registrations are not granted, patients would have to cultivate for themselves, designate caregivers to do so, or turn to the criminal market.

“We are deeply frustrated by this announcement,” said MPP executive director Rob Kampia. “The law Governor Brewer wants enjoined established an extremely well thought-out and conservative medical marijuana system. The law was drafted so that a very limited number of non-profit dispensaries would serve the needs of patients who would be registered with the state. Governor Brewer is trying to disrupt this orderly system and replace it with relative chaos. We cannot think of a single individual -- aside from possibly illegal drug dealers -- who would benefit from Governor Brewer's actions. She has done a disservice to her state and its citizens."

Gov. Brewer's lawsuit is not the first time elected officials have sought to spend taxpayer money to try to overturn a state medical marijuana law. In 2005, San Diego County sought to enjoin most provisions of California's medical marijuana law. Ultimately, every court ruled against the county or refused to hear the case, all the way up to the U.S. Supreme Court. The only decision on whether the licensing of dispensaries would be federally preempted found that it would not be.

Perhaps Gov. Brewer is having a contest with San Diego County to see who can waste more of voters’ money in a futile challenge of the people’s will.

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Today, in a 5-4 ruling, the U.S. Supreme Court upheld a decision ordering California to reduce its state prison population by more than 30,000 prisoners. It found that as a result of overcrowding, the prisoners’ “medical and mental health care … has fallen short of minimum constitutional requirements ... .” Even after the prison population is reduced, California’s prisons could still be over 37% above capacity.
 
The dissent painted a picture of a public safety disaster if the inmates were released. But, in reality, California prisons are far more dangerous to some of these inmates than those inmates have ever been to society. As the court noted, “needless suffering and death have been the well documented result” of current conditions.
 
Outrageously, many prisoners are there for nothing more than growing or delivering a plant that has never caused a fatal overdose — marijuana. In California, cultivation of marijuana (other than under the medical marijuana law) is a felony punishable by up to three years in state prison.
 
For participating in the production or sale of a substance safer than alcohol, these non-violent marijuana offenders face possible death in prison. The Supreme Court quoted a lower court ruling that prisoners were needlessly dying every five to six days as a result of the conditions. For example, “A prisoner with severe abdominal pain died after a five-week delay in referral to a specialist; a prisoner with ‘constant and extreme’ chest pain died after an eight-hour delay in evaluation by a doctor; and a prisoner died of testicular cancer after a ‘failure of MDs to work up for cancer in a young man with 17 months of testicular pain.’”
 
The state of California will decide who will be released. But this decision should result in the release of all non-violent marijuana offenders who are in state prison. Unlike violent and property criminals, their crimes had no victims. Then again, if decisions on who to imprison and who to let free were in keeping with reason and morality, we wouldn’t see non-violent marijuana offenders sentenced to life while convicted child sex offenders walk free on probation …
 
 

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