Yesterday, Montana medical marijuana activist Tom Daubert was sentenced to five years of probation by a federal judge for his involvement in a medical marijuana access point that was raided by federal agents early last year. That operation was one of 26 locations that were raided simultaneously throughout Montana by federal agents in an effort to destroy the state’s burgeoning and predominantly lawful medical marijuana industry.

Daubert has been actively fighting for medical marijuana patients’ rights since 2004. He began his work on the issue as the consultant for MPP's campaign committee during the successful initiative campaign. Since then, he has worked tirelessly in the state capitol and with local law enforcement to ensure the future of medical marijuana and maintain good relations with lawmakers and police. He even invited them to tour the facility, which is documented in the film “Code of the West.”

Tom Daubert was fortunate not to receive any prison time, even though any punishment is far too heavy a sentence for merely trying to make sure that seriously ill people have safe access to their medicine. His former partner Richard Flor was treated far more harshly. On August 30, while serving a five-year sentence in federal prison, Flor died after suffering two heart attacks and other medical problems. His transfer to a facility that may have been able to treat his numerous health conditions had been delayed for months.

Meanwhile, several other providers and former staffers are still in prison — including Richard’s wife and son. Others are still facing trial or sentencing.

We at MPP wish Tom the best and thank him for everything he has done.

Read more

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.

Read more