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

You are invited to a private showing of the 420 Collection, a special exhibit featuring art by Jefferson Airplane/Jefferson Starship’s Grace Slick, supporter of efforts to end prohibition and ensure safe and legal access to medical cannabis. Grace has created a series of paintings and limited edition prints especially for this exhibit and will be in attendance to discuss the inspiration behind this exclusive collection.

A portion of each sale will benefit the Marijuana Policy Project.

Don’t miss this unique opportunity to view and purchase art by singer/songwriter Grace Slick and support MPP’s work to make marijuana legal for adults.

Have you ever noticed how prohibitionists in power keep fighting medical marijuana by saying that it is out of control, and somehow causing a breakdown in society, endangering the public, sending the wrong message to kids, etc.? Have you also noticed that they will freely spend time and taxpayer money trying to undermine medical marijuana programs and restrict the rights of patients?

We're seeing it in Arizona with Gov. Jan Brewer's egregious lawsuit to interfere with her state's voter-approved medical marijuana law, which even the federal government thinks is a waste of time. We're seeing it in Oregon, where a local sheriff is so hellbent on denying the 2nd Amendment rights of medical marijuana patients that he is willing to use state funds to take his case all the way to the Supreme Court.

Now, long-time medical marijuana foe Bill Schuette, attorney general of Michigan, has announced his plans to  introduce legislation this fall that would supposedly stop the abuse of the medical marijuana system there.

Hold on a minute. Aren't law enforcement supposed to enforce the laws, not make them? That's a topic for another time.

The main focus of the as-yet-unfinished bill will be curbing the amount of "drugged-driving" accidents by severely limiting the ability of medical marijuana patients to ever drive a car.

From the press release:

"Schuette noted confusing inconsistencies between the Michigan Motor Vehicle Code and the Michigan Medical Marihuana Act must be eliminated to preserve safety on Michigan roadways.  A longstanding safety provision in the Michigan Motor Vehicle Code prohibits driving with any amount of marijuana in your system.  In contrast, the MMMA references driving "under the influence of marijuana," a term which is not defined in state law or by uniform scientific standards, and creates a different standard for medical marijuana users. …

Schuette cited statistics recently released by the Michigan State Police which indicate that marijuana-related fatalities remain the most common drug-related automobile fatality, and that such fatalities are on the rise in Michigan.

"Driving with marijuana in your system is unsafe and jeopardizes the safety of our roadways," said Schuette.  "If you take drugs, don't take the wheel."

It is never a good idea to get behind the wheel while impaired by any substance. That being said, the statements of the attorney general can best be described as baseless fear-mongering.

First of all, multiple studies and mountains of anecdotal evidence have proven that merely having marijuana in one's system is not an indicator of impairment, or even intoxication. Marijuana metabolites can stay in one's system for up to a month after using it, and THC can stay in one’s system for a week. Yet the effects wear off within a few hours. The Michigan Medical Marihuana Act recognizes this by changing the wording of driving restrictions for medical marijuana patients to driving "under the influence,", meaning that the patient has medicated recently and is still experiencing some intoxicating effects. Despite Schuette’s claim, “under the influence” is used in the provision of Michigan's DUI laws that apply to all other prescription medications — MCL 257.625 (1)(a).

Under the changes proposed by Schuette, this difference would be removed, making it illegal for patients to operate a car with any marijuana in their system whatsoever. Most medical marijuana patients always have marijuana in their system. Even those who only use occasionally may have to use large amounts that can leave traces in the body for some time.

Basically, this amounts to saying that if a person finds that marijuana is the best medicine to treat their condition, he or she must forfeit their driving privileges or wait weeks after medicating to drive. This restriction is not applied to any other medicine in Michigan. This is medical bigotry, plain and simple. Patients are already dealing with trying to live normal lives and treat their conditions. They have it hard enough as it is. And Bill Schuette wants to make their lives even harder.

Secondly, the assertion that marijuana is involved in more automobile related fatalities than any other drug is completely false, unless one uses the definition that the Attorney General would like to apply to medical marijuana patients. The study cited in the press release used just that definition, however, and counted every fatal accident in which the driver had any marijuana in his or her system! This means that if someone smokes a joint, and three weeks later gets in a car (maybe after a few cocktails) and kills someone, it is a marijuana-related auto fatality.

It sure is easy to scare people when you don't care about science.

This is illustrative of the need to get away from chemical intoxication testing and go back to physical impairment tests in driving situations. It should not matter what is in someone's bloodstream, particularly for medical marijuana patients. Whether or not they are impaired should be the primary concern for law enforcement, and they don't need fancy blood tests or saliva swabs to determine that. They've been doing just fine since the invention of the automobile.

It’s now been almost 13 years since nearly 70% of D.C. voters approved an initiative enacting a medical marijuana law in the nation’s capital, though you’d be forgiven if you hadn’t noticed. An obscure budget provision known as the “Barr Amendment” stalled implementation for years, and when it was finally removed (after MPP hired Congressman Barr to help defeat his own amendment) in late 2009, the D.C. Council went to work passing an amendment to the law making the proposed program much more restrictive. Since then, the glacial pace of implementation has kept medicine from patients for another year.

But finally, there’s progress. Today, the D.C. Department of Health is making applications available for prospective cultivation center operators. You can read the official notice in today’s DC Register. Only those who submitted the required letter of intent back in June will be able to apply. There were over 100 letters submitted by groups interested in operating cultivation centers, including Benjamin Bronfman, the fiancé of rapper M.I.A. of Paper Planes fame.

Today’s notice applies only to cultivation centers, not dispensaries, so advocates will have to wait a little longer for those. There’s also no word on when patients will be able to apply to the program. Still, it’s progress.