From the Grand Forks Herald:

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[caption id="attachment_8553" align="alignright" width="190"] Sen. Joseph Cervantes[/caption]

Last November, voters in Bernalillo and Santa Fe Counties in New Mexico weighed in on whether to decriminalize the possession of small amounts of marijuana. They responded with overwhelming support, with Bernalillo County voting 60% and Santa Fe County voting 73% in favor. Now, legislators from across the state have the opportunity to act on the will of their constituents. SB 383, sponsored by Sen. Joseph Cervantes, reduces the penalty for possession of up to an ounce of marijuana to a civil penalty of $50. 

This common-sense policy will save the state time, money, and resources, while also improving public safety. Millions of dollars every year are wasted on processing thousands of low-level, nonviolent marijuana offenders. It takes time for police to book marijuana users, prosecutors to try cases, and labs to test marijuana. This is an egregious waste of law enforcement’s limited resources, which could be better spent addressing more pressing public safety needs.

Support is growing for more sensible marijuana policies in the state Senate. Just last week, the Rules Committee approved of Sen. Ortiz y Piño’s resolution to place a question on the ballot asking voters to end marijuana prohibition. Please email your legislators today and ask for their support on this long overdue reform. 

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Vermont legislators have a unique opportunity in 2015. Instead of leaving marijuana production and sale in the hands of illicit dealers, they could decide to move forward with legislation that would regulate and tax marijuana similarly to alcohol.

[caption id="attachment_8549" align="alignright" width="300"] Sen. David Zuckerman[/caption]

Yesterday, a bill was introduced in the Senate that would end marijuana prohibition in Vermont. Senator David Zuckerman (P-Hinesburg) introduced S. 95, which would make marijuana legal for adults and allow the state to begin regulating marijuana production and sale. It would also allow adults to cultivate two mature plants in an enclosed, locked facility.

If you are a Vermont resident, please contact your representatives and senators today and ask for their support.

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MPP's Mason Tvert was a guest on Fox News Channel's Fox & Friends this morning to discuss a story out of Colorado regarding marijuana use and tourism.

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This year, the Michigan Legislature will again have an opportunity to pass much-needed protections for medical marijuana patients and providers. Two bills will be presented in the coming days — one would help ensure that patients have regular and safe access to their medicine through provisioning centers, and another would create clear legal protections for marijuana extracts, a key ingredient in tinctures, edibles, and topicals. MPP strongly supports both these efforts.

[caption id="attachment_8534" align="alignright" width="197"] Rep. Mike Callton[/caption]

Rep. Mike Callton will again sponsor a bill to clearly allow and regulate medical marijuana provisioning centers. Rep. Lisa Lyons has stepped forward to sponsor a bill that ensures that extractions and the products made from them clearly fall under the definition of medical marijuana. Unfortunately, heavy lobbying efforts in the closing days of the 2014 legislative session by the Michigan Association of Chiefs of Police and the Michigan Sheriffs’ Association succeeded in derailing these popular efforts late last year, despite the hard work by advocates and strong support from both legislators and the governor’s office.

The state’s seriously ill patients deserve better than a continuation of the same patchwork policies, and cities like Detroit have been particularly vocal about the need for reform.

If you are a Michigan resident, please take a minute to ask your representative to co-sponsor these important bills.

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A new study conducted by the federal government shows that marijuana use may not have a serious impact on road safety.

According to the Detroit News:

The National Highway Traffic Safety Administration said a 20-month survey of drivers in 2013 and 2014 found that while drinking dramatically raises the chance of a crash, there was no evidence that marijuana use is statistically significant in boosting wreck rates.

Marijuana users were about 25 percent more likely to be involved in a crash than drivers with no evidence of marijuana use. But that's because other factors — especially that more younger men are involved in crashes, NHTSA said — rather than marijuana use itself.

By comparing marijuana use among those in crashes and those who weren't, the safety agency said "other factors, such as age and gender, appear to account for the increased crash risk among marijuana users."

While this suggests that making marijuana legal for adults will not lead to more dangerous roads, as opponents to reform frequently claim, MPP's Mason Tvert maintains that driving under the influence must be avoided:

"Nobody should drive while impaired by any substance, and that's why there are laws on the books to address it. While the research is pretty clear that marijuana use is not remotely as problematic as alcohol when it comes to driving, it can cause impairment. We need to have laws that are grounded in science and punish only drivers who were actually impaired. It's worth noting that there is also research that has shown people who have used marijuana are more likely to recognize if they are impaired than those who have used alcohol," he said.

But he said police often go too far.

"Arresting hundreds of thousands of people for simply possessing marijuana will not do anything to prevent people who make the mistake of driving under the influence. We would never approach the problem of drunk driving by making it illegal for adults to drink responsibly. It's just as foolish to do that when it comes to adults who use marijuana responsibly," he said.

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Last December, the New York Department of Health released more than a hundred pages of regulations related to the medical marijuana program. Over the past month, advocates for the Compassionate Care Act have voiced major concerns that the regulations are far too restrictive and would leave many patients suffering from debilitating medical conditions without safe, legal access to their medicine. The state is accepting public comments until February 13.

Our allies at Compassionate Care New York, who led the grassroots effort to pass the medical marijuana law, have submitted several pages of comments outlining their concerns. You can read them by clicking on "CCNY Concerns with Draft MMJ Regulations" here. Their major concerns include:

-- A lack of access or accommodation for low-income patients;
-- Too few dispensaries and a ban on delivery services;
-- A prohibition on whole-plant medicine and a ban on edibles, topicals, and other medical preparations; and
-- No clear process for adding more qualifying conditions, even with scientific and medical support.

Please take a look at CCNY’s full comments for an idea of the extensive issues that New York’s medical marijuana program still faces. Don’t forget to submit your own comments to the Department of Health!

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[caption id="attachment_8525" align="alignright" width="214"] Rep. Bill McCamley[/caption]

Last week, New Mexico State Rep. Bill McCamley introduced HB 160, the Cannabis Revenue & Freedom Act. This bill would treat marijuana similarly to alcohol, allowing adults 21 and over to use, possess, and cultivate limited amounts of marijuana with no penalty. HB 160 would also set up a taxed and regulated market for marijuana production and sale.

While HB 160 is an important reform that should be passed, the New Mexico legislature is also considering another bill that would unfairly target marijuana consumers. HB 120 would declare anyone with an extremely small amount of THC per millimeter of blood guilty of driving under the influence — even if the person could prove they were actually not impaired! Although intoxicated driving should not be tolerated, knee jerk ideas like per se limits are unethical, unnecessary, and not supported by science.

If you are a New Mexico resident, please email your legislators and ask them to support sensible marijuana reform like HB 160.

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Northern California defense attorney Joseph Tully has posted some useful tips on how to show support in the courtroom when someone is facing marijuana-related charges.

According to Tully, whose website highlights his experience defending medical marijuana cooperatives, collectives, cultivators, and caregivers:

Being tried in court for any crime, especially a victimless crime, is a trying process. Not just for the defendants, but for their friends, family, and supporters as well.  When the crime involves medical marijuana in California, it is often the defendant who is victimized.  Community support is important to help a friend get through this difficult time and to support the larger cause. ...

What are the best ways to support both the cause and our friends at the courthouse? I have lots of experience as a criminal defense attorney in the courtroom.  My courthouse advice for my clients can apply to their friends and supporters as well.  Here are six ways you can show support during a medical marijuana case.

 

Weed on Trial: 6 Ways to Show Support in Court

By Joseph Tully

Being tried in court for any crime, especially a victimless crime, is a trying process. Not just for the defendants, but for their friends, family, and supporters as well.  When the crime involves medical marijuana in California, it is often the defendant who is victimized.  Community support is important to help a friend get through this difficult time and to support the larger cause.

As a supporter, you may want to argue or shout or rant around the courthouse about the injustice.  But remember that the Defendant is fighting for their life and livelihood.  THEY are the focus of the trial.  Cannabis rights are important to fight for, but in court we do that by exonerating the defendants.  The verdict will set the tone for how Law Enforcement or the District Attorney pursues future cases.  DA's will not prosecute future cases they know they won't win.

What are the best ways to support both the cause and our friends at the courthouse? I have lots of experience as a criminal defense attorney in the courtroom.  My courthouse advice for my clients can apply to their friends and supporters as well.  Here are six ways you can show support during a medical marijuana case.

1.     Be Presentable. A trial is a serious thing for all parties, and your attire will show that you also take it seriously. Clean, tidy, and put together. You don't need to wear a suit, but wear something you'd consider nice for your day to day.  It will not help your cause if you show up like you are camping in Humboldt.

2.     Be Quiet. As a defendant, you should only speak when addressing the court. As a spectator, you should be absolutely silent throughout the proceedings. Even in the halls and on the steps, keep your voice down and discussion to a minimum, since there are ears everywhere. One careless whisper could be overheard and sink the case.  The line "anything you say can and will be used against you" is not TV cop jive. Be especially cautious not to talk around jurors or potential jurors. In court we avoid even the “appearance” of impropriety.

3.     Be Present. Some parts of a trial can feel tedious to a defendant or spectator. My advice is: if it is important enough for you to be here today, then it should be important enough for you to keep your head in the trial. No sleeping, reading, texting, note passing, or knitting. Your degree of focus on the trial reflects your regard for its importance.

4.     Be Respectful. The courthouse is a workplace for hundreds of people.  There are also scores of people there for their own cases. 90% of the people at the courthouse are worried about their own cases and are oblivious to yours.  There are victims, jurors, social workers, clerks, and other people focused on their own issues.  Respect their reality by not intruding yours on to them.  This includes keeping your voice down, turning off phones, not smoking on the grounds, and not blocking doors and hallways.

5.     Be Careful. You and your friends might be chill, but a courthouse is full of violent people on edge. There are convicts and cops who are keyed up in this environment. There are also bad people seeking revenge on other bad people, and bad people seeking revenge on good people. Keep your eyes open and be wary of commotion.

6.     Be Thoughtful.  A trial can be personally overwhelming for a defendant.  Offer your friend support outside the courthouse.  Bring them a coffee. Offer to drive their kids to school. Pick up their dry cleaning for them. Small gestures of support for everyday things will help a defendant deal with the stress of the big things.

It is your right to smoke, shout, and rally for legalized marijuana, and I would defend your right to do it. But when a friend is on trial, the courthouse is not the most effective venue to demonstrate those rights.  Supporting a victory for the defendant will advance the cause as well as save your friend's life and liberty.

There are many organizations that support the rights of marijuana patients, as well as their caregivers, collectives, and cultivators. One in particular, The Human Solution, organizes courtroom support for defendants. Check for a chapter in your area and any actions they have planned.

Joseph Tully is a criminal defense attorney at Tully & Weiss based in Northern California. He has experience defending medical marijuana cooperatives, collectives, cultivators, and caregivers on trial for helping their patients.

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A Kansas bill that would reduce harsh penalties for people found in possession of marijuana received a strong vote of support yesterday from the House Committee on Corrections and Juvenile Justice. HB 2049 received a unanimous vote by the committee and will now be presented on the floor of the House for a vote.

If you are a Kansas resident, please take a moment and ask your representative to support this important legislation.

HB 2049 would drop the sentence range for first time offenders from a Class A to a Class B misdemeanor -- reducing the possible maximum jail sentence from a year to six months and reducing the maximum fine from $2,500 to $1,000. Second-time offenders would likewise see a reduction in penalties – taking them from a felony to a misdemeanor.

According to testimony by the Kansas Sentencing Commission, these simple changes represent over a million dollars in savings and would free up space in overcrowded jails. While a majority of Americans prefer a system that would remove criminal penalties entirely for adult consumers, these changes would represent a welcome improvement for those who choose a substance that is safer than alcohol.

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