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According to new poll, majority of Americans support marijuana legalization
December 10th, 2009 By: Russ Belville, NORML Outreach Coordinator
53% support for marijuana legalization! This is a nationwide sampling with a margin of error of ±3.1%, which means that unless the sample was wildly inaccurate, we can safely say a majority of Americans now support marijuana legalization.
The question asked was "Do you support or oppose the legalization of each of the following drugs?" with no further explanation. With no prompting about the possible economic benefits of taxing cannabis or points about reforming criminal justice, with just the blanket term "legalization" which could lead to a range of solutions from strict marijuana pharmacies to open farmers' markets, in other words, a question most likely to get the lowest favorable response, we just got 53%. 61% of Democrats and 55% of Independents support legalization, while only 43% of Republicans agree.
In another question the poll asked "The term "War on Drugs" has been used to describe the efforts of the U.S. government to reduce the illegal drug trade. From what you have seen, read or heard, would you describe the "War on Drugs" as a success or a failure?" 68% of Americans called it a failure, with two-thirds of Democrats and Republicans agreeing it's a failure and over three-fourths of Independents. About 70% of respondents across all political and geographic demographics agreed that "America has a serious drug abuse problem and it affects the whole country."
(Angus Reid Global Monitor) - Many adults in the United States are willing to legalize marijuana, according to a poll by Angus Reid Public Opinion. 53 per cent of respondents support this notion, while 43 per cent are opposed.
Less than 10 per cent of respondents support the legalization of other drugs, such as ecstasy, powder cocaine, heroin, methamphetamine or "crystal meth" and crack cocaine.
The use of marijuana is illegal in the U.S. except in some regulated cases of medical use. The amount allowed for such purposes varies depending on the state. Some states have passed laws to reduce law enforcement for possession of small amounts of the substance.
In May, Gil Kerlikowske, Director of the Office of National Drug Control Policy, ruled out a push to legalize marijuana, adding, "I've never advocated legalization and certainly the president has made it clear that's his position."
BREAKING NEWS: California Lawmakers To Debate Marijuana Legalization Tomorrow!
October 27th, 2009: By Paul Armentano, NORML Deputy Director
California state lawmakers arescheduled to hear testimony tomorrow in support of taxing and regulating the commercial production and distribution of marijuana for adults age 21 and older.
Members of the California Assembly Committee on Public Safety have called for the hearing, entitled "Examining the Fiscal and Legal Implication of the Legalization and Regulation of Marijuana." The hearing will be chaired by Assemblyman Tom Ammiano (D-San Francisco), sponsor of Assembly Bill 390, the Marijuana Control, Regulation, and Education Act. It will take place at 10am in room 126 of the State Capitol.
A press conference will take place prior to the hearing at 9 am in Capitol Room 317.
California NORML Coordinator Dale Gieringer is scheduled to testifybefore the Committee at noon. [Editor's note: Read Dale's written testimony here.] NORML has also submitted prepared testimony to the Committee, which is available online here.
Several representatives from law enforcement, including the California Police Chiefs Association and the Office of the Attorney General's Bureau of Narcotics Enforcement, are scheduled to testify in opposition to the bill.
"The criminal prohibition of marijuana provides law enforcement and state regulators with no legitimate market controls," states NORML Deputy Director Paul Armentano in prepared testimony. "This absence of state and local government controls jeopardizes rather than promotes public safety. I urge this Committee to move forward with the enactment of sensible regulations for legalizing marijuana."
Tomorrow's hearing marks one of the first times since 1913 that the California legislature has debated ending criminal prohibition.
If you live in California you can contact your member of the Assembly in advance of tomorrow's historic hearing here.
Four Prohibition Pragmatists And A Drug War Whore
October 25th, 2009: By Allen St. Pierre, NORML Executive Director
A quick review from this week's avalanche of cannabis-related news, comes a stark contrast that reveals: Four Prohibition Pragmatists And A Drug War Whore
Prohibition Pragmaticism
Wisconsin - When asked by the media about a recently introduced medical cannabis bill in his state, as well as to comment on the Obama administration's new policies on medical cannabis, Governor Jim Doyle said he has no problem with the use of cannabis to treat severe pain and other medical conditions by way of a physician's recommendation, and that restricting the use of medical cannabis makes no sense when doctors can already prescribe more dangerous drugs like morphine.
British Columbia - Stephen Gamble, president of the Fire Chiefs' Association of B.C., recently came out in favor of fire department inspections of the home gardens of federal medical cannabis patients and caregivers in BC, to make sure the cannabis grow operations are safe, and not creating fire hazards. However, numerous medical cannabis patients and advocates in B.C. have spoken out against the proposal citing special federal privacy protections for medical patients.
Washington, D.C. - The Transportation and Security Administration (TSA), in numerous media reports, acknowledged another major departure from prior administrations regarding federal medical cannabis policies: State-compliant medical cannabis patients may not be harassed or arrested for their medical cannabis whilst traveling in federally-controlled airports.
Oakland NLC member Robert Raich, for years, has been pursuing the TSA to allow medical cannabis patients flying out of Oakland International Airport to lawfully possess their medicine in compliance with TSA rules, which are to concentrate on terrorism and public safety concerns, (i.e., weapons, explosives, knives, etc...), and that pilots and the airline crew are not liable for the presence of lawfully possessed medical cannabis.
New Hampshire - New Hampshire's new US attorney, John Kacavas, told themedia that he will not prosecute medical cannabis patients. [The new policy from Obama]..."is saying in a smarter battle against drugs, people who use it to improve their appetite, people who use it to alleviate their pain probably ought not to be prosecuted federally."
Then...The Drug War Whoring
Washington, D.C. - In one of the grossest, most gratuitous, desperate attempts to get media attention I've ever seen (which says a lot...), former public relations flack for the infamous House Select Narcotics Committee (sui generis of many bad, failed and constitutional-warping anti-drug legislation of the late 1980s and early 1990s. Thankfully this congressional committee no longer exists, and these days the once leaders of the group, like powerful New York democrat Charlie Rangel, now support decriminalizing cannabis) and former drug czar Barry McCaffrey's in-house anti-pot propagandist Bob Weiner employs PRNewswire to hump his absurd press release attacking President Obama's and Attorney General Eric Holder's clarification of their 'hands off' policies regarding the use of federal law enforcement in states with medical cannabis laws (and presumably in states without state protections for medical cannabis patients).
In a country where approximately 75% of the population support medical access to cannabis, one has to wonder what is wrong with people like Bob Weiner. What does he not get? Or, is the only source for his revenue and self-being these days-almost eight years after taxpayers stopped funding his anti-cannabis propaganda when Weiner, a Democratic political appointee, lost his job when the Bushies took over in 2000-is to whore himself out to the media and anti-drug groups as some kind of anti-cannabis zealot, one that mocks science with his ignorance and drips contempt for the compassion that others seem to possess.
Weiner, a self-proclaimed expert on cannabis, does not seem to understand that 1) cannabis is not prescribed anywhere in the US, 2) the DOJ memo only impacts federal, not state attorneys, 3) Weiner claims, relying on unnamed law enforcement agents, that 9 out of 10 medical cannabis patients are frauds, citizens 'faking' a medical need 'just to get high', 4)Weiner oddly compares a non-toxic and therapeutic substance like cannabis to laetrile, therein invoking the late Senator Kennedy to supposedly prove the "false hope" of medical cannabis, when, in fact, Senator Kennedy supported both patient access to medical cannabis and active cannabis medical research at the University of Massachusetts @ Amherst, and 5)Weiner whines that politics, not science is the controlling factor; feigns there is a dearth of science regarding cannabis (when there are over 17,500 studies relating to cannabis and/or cannabinoids).
Watch Weiner and the so-called war on drugs get rightly ridiculed by Penn and Teller...or the entire episode here.
Feast your eyes on Weiner's Wednesday PRNewswire release to see what a real drug war whore looks like seeking the media and public spotlight:
Medical Marijuana: 'Be Careful,' 'Ex-White House Drug Spokesman Bob Weiner Tells DOJ About 'New Lax Enforcement' Policy; 'Use May Explode in Healthy People'
WASHINGTON, Oct. 21 /PRNewswire-USNewswire/ - "Be careful about the new lax enforcement policy for medical marijuana," former White House Drug Policy Spokesman Bob Weiner is telling the Department of Justice and the Obama Administration.
"You may get way more than you bargained for", Weiner cautions of the new policy barring states attorneys from busting and prosecuting users and caregivers of so-called "medical" marijuana who act "in accordance with state law."
"Prescription marijuana use may explode for healthy people."
Unfortunately, as many as 90% of purchases at clinical distribution centers are "false defenses", some law enforcement agents report - "which means individuals are not really sick but simply want the pot," Weiner asserts.
"Medical marijuana is not as effective as other healing mechanisms for many illnesses such as glaucoma, pain, or nausea that users try it for because of false hype leading to false hope. Just as laetrile was legalized in the 1970's in 27 states to cure cancer but was found to be useless apricot pits, leading Senator Kennedy in a Senate hearing to decry the 'false hope' delaying true treatment, 'medical' marijuana today could be a placebo delaying far better treatments," according to Weiner.
"Many medical marijuana advocates press its use for pain killing and appetite enhancement," Weiner asserted, "but you might feel just as good after a shot of gin. Science, not politics, must drive what is determined to be safe and effective medicine in America. The medical marijuana advocates never mention the potentially better applications of THC in marijuana from suppositories, jells, aerosols, or the already approved pill Marinol - they just want the high from the smoked version.
"There is a real danger that if marijuana is made essentially a prescription drug, its abuse and usage explosion could parallel other prescription drugs over the last decade, such as OxyContin, which have tripled nationally and quintupled in many locations because of the ease of availability."
"No one wants to deny a dying cancer patient a hit of grass, if that's what he or she wants. But to announce and implement a policy of broad-brush non-enforcement when there is so much loose about usage of medical marijuana and its distribution is a dangerous policy."
"The new policy, a three-page DOJ memo anyone can download, does not only say leave the users alone. It also says leave the 'caregivers' alone if they comply with state law. The distribution centers, which are suppliers, and the staff could well be considered 'caregivers'. DOJ would have serious problems discerning between illicit dealers and distributors."
Weiner served as White House Drug Policy Office spokesman for 6-1/2 years and communications director of the House Select Narcotics Committee for five years.
Contact: Bob Weiner/Rebecca Vander Linde 301-283-0821/202-306-1200
SOURCE Robert Weiner Associates Issues Strategies
Court slams LAPD for illegally seizing medical marijuana profits
October 23rd, 2009: By R. Scott Moxley, OC Weekly
In a remarkable opinion issued today with potential Orange County implications, the United States Court of Appeals for the Ninth Circuit blasted the Los Angeles Police Department (LAPD) for committing "highly objectionable," "tainted," "reckless," "misleading" and "illegal" conduct in a 2005 attempt to seize more than $186,400 from a legally compliant Southern California medical marijuana distributorship.
The justices showed no patience for LAPD's efforts to keep the cash for itself and then later--after it was clear they couldn't take possession legally--transferred it to Thomas P. O'Brien's LA-based U.S. Attorney's office, which planned to kickback as much as 80 percent of the money to the local cops.
"We are particularly concerned by the possibility that the LAPD might stand to profit from [its own] unlawful activity," wrote circuit Judge Richard R. Clifton, who went on to describe the money grab as "disturbing" and a "distinct" violation of the U.S. Constitution's limitations of police state activities such as tainted searches and seizures of private property.
The opinion reverses a federal District Court's ruling that blocked a summary judgment motion by United Medical Caregivers Clinic, Inc., which was trying to regain its plundered cash from federal agents. Though California law allows for medical marijuana distributorships, the feds eventually grabbed the clinic's cash under the theory that all marijuana sales are illegal under federal law. LAPD's misconduct should not preclude federal agents (who weren't involved in the case) from taking control of the money, federal prosecutors said.
(Interestingly, in a specious, last-ditch effort to prevent the clinic from recovering its funds, LAPD also argued that they'd conducted the search to protect federal law.)
But arguments by O'Brien's office failed in large part, according to the justices, because LAPD officers lied to gain the initial state judge-approved search warrant by failing to note that the clinic was operating lawfully under state law. In other words, the cops had no probable cause for their search that produced the cash, 209 pounds of marijuana, 21 pounds of hashish and 12 pounds of marijuana oil.
Noting the "strong" self-interest cops have in seizing drug assets for themselves, the justices said, "The integrity of this court is served by our refusal to allow the government to profit from illegal activity by law enforcement when such activity produces incriminating evidence."
In recent months and after this case was filed, U.S. Attorney General Eric Holder announced that federal agents will not prosecute medical marijuana providers in states where the activity is legal.
--R. Scott Moxley / OC Weekly
Source: http://blogs.ocweekly.com/navelgazing/breaking-news/lapd-california-medical-mariju/
NORML SHOW LIVE Saturday – SPECIAL TIME 4:00pm Pacific – with Cheech & Chong at Cypress Hill Smokeout
October 23rd, 2009: By "Radical" Russ Belville, NORML Outreach Coordinator
Saturday Night's episode of NORML SHOW LIVE will be at a special time - 4:00pm Pacific / 7:00pm Eastern - to take advantage of the lineup here at the Cypress Hill Smokeout in San Bernardino, California. Cheech & Chong are playing a "4:20″ set, so I will be there live, bringing you the comedy from NORML's favorite comedy team.
Following Cheech & Chong in the lineup are the newly re-formed band Sublime, which many will remember for the tune "Smoke 2 Joints" among many others. We'll bring you some of their set as well.
Interspersed with the live audio will be my interviews with many of the artists, celebrities, and just normal folks attending this two day outdoor festival. Join us live at http://live.norml.org, where you can also participate in our online chat and speak live to the host and guests - dial in to 347-994-1810 to participate.
Barney Frank Expects Nationwide Medical Marijuana Law To Pass Within the Next Few Years
October 23rd, 2009: By Ben Morris, MPP
Congressman Barney Frank, author of two important marijuana policy reform bills (H.R. 2835 and H.R. 2943), responded to a question about the direction of marijuana policy reform today on the Web site reddit.com. See the video below for his take on where the movement is headed.
Is Justice paving the way for legalized pot?
October 23rd, 2009: By Ben Boychuk and Joel Mathis (Scripps Howard News Service)
Marijuana smokers might be breathing a little easier thanks to a policy switch by the U.S. Justice Department. Attorney General Eric Holder announced that federal prosecutors would not spend limited time and resources on people who use or sell medical marijuana "in strict compliance with state law." Thirteen states have medical marijuana laws, which are controversial because federal narcotics laws trump state statutes.
Of course, the new federal policy doesn't prevent local prosecutors from cracking down on medical marijuana dispensaries. Los Angeles District Attorney Steve Cooley has vowed to shutter the city's dispensaries, which he says cater to people who do not have legitimate medical reasons for using marijuana.
Is the Justice Department paving the way for legalizing marijuana? Joel Mathis and Ben Boychuk, the RedBlueAmerica columnists, attempt to cut through the haze.
Ben Boychuk
All things being equal, the states are probably better arbiters than federal officials of whether marijuana should be illegal. The fact that the Obama Justice Department believes federal resources are better spent elsewhere speaks volumes. But marijuana remains outlawed under the federal Narcotics Act, .
But whether marijuana should be legalized raises a whole host of questions. Here's one: Should medical marijuana use be protected under the Americans with Disabilities Act? The ADA requires employers to make reasonable accommodations for workers with disabilities, including ailments such as alcoholism and drug addiction. (See the U.S. government's frequently asked questions about the ADA here: http://www.ada.gov/employmt.htm)
The ADA has been a boon for trial lawyers and irresponsible users and abusers. A former sheriff's deputy in Sarasota, Fla., last month sued his employer for discrimination under the ADA because he was let go for excessive alcohol use. Earlier this year, former NBA player Ray Tarpley settled an ADA lawsuit against the pro basketball league and the Dallas Mavericks that stemmed from his cocaine addiction. Two alcoholic NFL players filed similar lawsuits in 2007.
Without question, marijuana helps thousands of people suffering chronic illnesses. The rub is that many critics of medical marijuana, including most district attorneys, say the laws are widely abused; that it's too easy for stoners to get a doctor's note for pot; and that many of the "illnesses" that marijuana treats are bogus. It isn't hard to imagine a raft of lawsuits against employers by potheads claiming phony disabilities.
If Americans want to ease the prohibitions on marijuana, Congress will need to act and legislators will need to debate what's right for their states. But if the trend is toward decriminalization, it should come with a hefty dose of personal responsibility and protections for employers from unscrupulous users.
Joel Mathis
Actually, Americans do want ease prohibitions on medical marijuana. They've wanted it for a long time.
The Web site of the National Organization for the Reform of Marijuana Laws has a page featuring a slew of polls - going back to 1995 - showing that clear majorities of Americans believe it should be legal for doctors to prescribe and patients to use marijuana for medicinal purposes. NORML admittedly has a bias, but the polls come from a variety of outlets: Gallup, AARP, CBS, ABC, Time magazine and more.
Yet Congress has refused to act; despite those clear majorities, politicians at the federal level are too fearful about their re-election prospects to ever support legislation that might later be used to portray them as "soft on crime" or "soft on drugs."
So activists took their case to the state level - and that's entirely appropriate. The states have long been considered "laboratories of democracy" where different approaches to similar issues could be tried. And that's exactly what happened: Thirteen states now permit medical marijuana. That means, of course, that 37 states do not. Nothing in the Obama administration's new approach will force those more restrictive states to take the relaxed approach.
You can argue the Obama administration should continue to rigorously enforce federal drug laws. But given that citizens in those 13 states have made their preferences clear, the administration is probably wise to give them deference.
"What about the ADA?" my conservative friend asks. Well, what about it? The Americans with Disabilities Act is a federal law; as long as actual legalization of medical marijuana is done at the state level, federal lawsuits by a few stoned chuckleheads seeking to enrich themselves through the legal system are unlikely to be successful. When weighing the balance between real freedom and a hypothetical fear of lawsuits, freedom should win.
Ben Boychuk and Joel Mathis blog at www.infinitemonkeysblog.com and politics.pwblogs.com.
Clear the air on marijuana rules
October 23rd, 2009: By The Denver Post
Colorado needs to get a better handle on medical marijuana.
The burgeoning industry - created to help those with debilitating illnesses and pain - is mostly unregulated and that's becoming problematic.
The number of permits for medical marijuana use is spiraling far higher than many anticipated when voters passed a law allowing its use in 2000. The state health department told The Post's Lynn Bartels an average of 600 people apply for a permit every day.
Clearly, we're skeptical that all of the new permits are going to truly sick and deserving patients. (There seem to be a lot of 20-somethings with chronic back pain.)
However, the state lacks regulatory authority to deal with fraud - or much of anything else - under the current law.
To meet the demand of new users, businesses that sell medical pot are popping up like mushrooms. Yet the state's registry for the dispensaries, which was required under the 2000 law, doesn't license them, track them or regulate them. It even lacks a mechanism for dealing with complaints brought against a dispensary.
And if someone wants to start a dispensary? The registry has no information on how to establish or operate the facility.
Meanwhile, the rapid growth of medical pot users and businesses is clashing with local law enforcement. Though President Barack Obama this week instructed federal drug agents to respect state laws that govern medical marijuana, some Colorado sheriffs contend that illegal drug cartels are helping meet the increased demand for pot.
The result is that some cities are starting to pass laws to regulate use, and state Sen. Chris Romer says he will take up the issue with legislation during the next session of the General Assembly.
We note that a simple solution exists: Legalize marijuana for anyone 18 and older. Treat the drug like alcohol and regulate and tax its use.
But we realize the chances of passing such a law are weak. So what to do?
Some cities, such as Durango, already are taking action. In Denver, City Councilman Charlie Brown is visiting dispensaries and says he plans to propose medical marijuana laws, including requiring operators of medical marijuana dispensaries, including managers and caregivers, to undergo criminal background checks.
Another idea worthy of debate is treating dispensaries like liquor stores, which are licensed by the state and must follow certain rules, such as limitations on how close they can be to schools.
We think doctors also are playing a role in the sudden rise of medical marijuana permits. Some grant so many approvals that critics question whether those physicians are just trying to legalize marijuana through a medical loophole.
But those doctors are violating the will of the people. When the amendment that legalizes medical marijuana was put to voters, the language stated it would be for those suffering from a "debilitating medical condition."
Any debate on potential regulation needs to include greater scrutiny or guidance on how permits are issued.
Coloradans voted to help those who are truly suffering, not to legalize marijuana through a back-door channel. Lawmakers should find a suitable way to honor that intent.
Source: http://www.denverpost.com/search/ci_13621648
Updates
Recent Additions
According to new poll, majority of Americans support marijuana legalization
December 10th, 2009 By: Russ Belville, NORML Outreach Coordinator
53% support for marijuana legalization! This...
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Recommendation of Release by Will Foster's Judge
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BREAKING NEWS: California Lawmakers To Debate Marijuana Legalization Tomorrow!
October 27th, 2009: By Paul Armentano, NORML Deputy Director
California state lawmakers arescheduled to hear testimony tomorrow in support of taxing and regulating the commercial production and distribution of marijuana for adults age 21 and...
Four Prohibition Pragmatists And A Drug War Whore
October 25th, 2009: By Allen St. Pierre, NORML Executive Director
A quick review from this week's avalanche of cannabis-related news, comes a stark contrast that reveals: Four Prohibition Pragmatists And A Drug War Whore
Prohibition Pragmaticism
Wisconsin - When...
