Marijuana Policy

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Chronicle Review Essay: More on Marijuana

Smoke Signals: A Social History of Marijuana -- Medical, Recreational, and Scientific, by Martin Lee (2012, Scribners, 519 pp., $30.00 HB)

Super-Charged: How Outlaws, Hippies, and Scientists Reinvented Marijuana, by Tim Rendon (2012, Timber Press, 256 pp., $24.95 HB)

When it comes to the status of marijuana, we are in a rapidly changing landscape. Less than two decades ago, there was no legal medical marijuana anywhere, the federally-backed Campaign Against Marijuana Planting (CAMP) was buzzing Northern California backyards in search of the insidious weed, and pot legalization looked like little more than a pipe dream. Now, medical marijuana is legal in 18 states -- and a dispensary will soon open up within eyeshot of the US Capitol -- CAMP is no more, voters in Colorado and Washington have become the first out of the gate in the legalization sweepstakes, and the Washington Post is publishing columns on marijuana etiquette.

There's more: Marijuana arrests are starting to decline after decades of increases, we're likely to see two or three or four more medical marijuana states in the next couple of years, state legislatures are starting to take up legalization bills (although I'm not holding my breath on those), and the initiative process is going to be used in 2014 and, to a much greater extent, in 2016 to try to achieve more legalization victories. We are, one hopes, on the verge of a sea change.

So, what happened? Well, in a largely futile effort to interest them in history, I used to tell fresh-faced college students that they couldn't understand where we were, much less where we were likely headed, if we didn't know whence we came. Martin Lee, who blew minds in the 1980s with Acid Dreams, his account of the rise and role of LSD, is back again with Smoke Signals, and he explains with verve and passion what went down, and why.

In Smoke Signals, Lee takes the varied strands -- legal, cultural, social, medical -- that constitute the history of marijuana (mainly in the US) and weaves them into a rich, multi-textured fabric of reefer knowledge. In so doing, he has, in my opinion, created the best, most comprehensive account of the American marijuana movement(s) to date.

He traces the early 20th Century spread of marijuana, high-lighting figures like jazz musicians Louis Armstrong, who was talking about smoking "the good shuzzit" back in the 1920s (take that, Snoop Dogg!) and the original wigger, Mezz Mezzrow, better known for supplying reefer than his musical abilities, as well as re-telling the tale of arch-bad guy Harry Anslinger, the original Reefer madman, and his all-too-successful quest to demonize the weed.

Lee draws a line from the jazz hipsters through the 1950s Beats to the 1960s counterculture and beyond, demonstrating along the way how marijuana became increasingly wrapped up with dissent and deviance and earned its place as a key marker in what we now call the culture wars. He devotes well-deserved attention to poet and activist Allen Ginsberg, who perhaps more than any other single individual, made pot smoking a political act, an sign of cultural rebellion.

But where he really shines is in explaining how we got from the 1960s to today. In Lee's narrative, we go to San Francisco, its gay community, and its response to the AIDS crisis that emerged out of nowhere in the early 1980s. There emerged the contemporary medical marijuana movement, thanks in large part to envelope-pushing players like Dennis Peron (who still enchants and bedevils the movement today) and Dr. Tod Mikuriya. At roughly the same time, Jack Herer was arising from his dogmatic slumber and preparing to unleash hemp upon the world, and within a few years, campus activists like Debbie Goldsberry had formed the Cannabis Action Network and taken their medicine show on the road. Between the sick and dying, the happening hempsters, and the youthful pot-lovers, a steam-roller of a politico-cultural movement was formed.

The rest is, as they say, history. And we're still living it. Part of what makes Smoke Signals so enthralling to me personally is that its history is my history. This is my movement. Marijuana (and broader drug policy) reform is what I have been living and breathing since the late 1960s (albeit out in the sticks and far from the main action for many years) and covering for the Chronicle for the past dozen years. Many of the people whom Lee is writing about are my friends, colleagues, and acquaintances. Lee does an excellent job of making sense of all the disparate strands that make up our story. Smoke Signals is a must read for anyone who wants to understand the contemporary marijuana movement.

I would be remiss if I failed to mention's Lee's excellent and sometimes mind-boggling review of the state of the science around marijuana as a medicine. Science is busily unlocking the secrets of the cannabinoids and the body's endocannabinoid system, and if Lee is correct, the curative powers of the pot plant have barely begun to be uncovered.

If Smoke Signals provides the big picture on pot and pot politics in the US, journalist Jim Rendon's Super- Charged has a much narrower focus. As he notes, most agricultural products are seeing the number of their varieties shrink, due primarily to the prerogatives of industrial food production. Marijuana is different; this mainly illicit crop has some 2,000 identified strains now, and, as Michael Pollan has noted, has become one of the most successful plants on the planet.

Jim Rendon tells us how this happened. He goes behind the scenes to visit with Northern California outdoor growers, breeders in Southern California and Amsterdam, and grow experts, such as "Jorge Cervantes," the long-time expat who just recently repatriated to Northern California's Sonoma County. He also visits with GW Pharma, the manufacturers of Sativex, the tincture made from whole marijuana plants (remember that the next time someone says pot is just "crude plant material" not suitable for use as a medicine), who relied on those outlaw breeders to get the strains they wanted.

It's a fascinating tale of botanical science down by an army of impassioned amateurs, as well as look at the history, culture, and conflicts around the science of pot breeding. Super-Charged is well-researched and fast-paced, full of interesting characters and insights. It's a fun and worthwhile read.

Missouri Marijuana, Hemp Bills Filed

Members of the Missouri legislature have introduced three different marijuana law reform bills this month -- one to decriminalize possession; one to expunge misdemeanor offenses, including possession, from the record after five years; and one to legalize industrial hemp.

Rep. Rory Ellinger (D-University City) and two cosponsors introduced the decriminalization bill, House Bill 512, at a press conference earlier this month. The bill would make the possession of up to 35 grams of marijuana or paraphernalia punishable only by a fine, but it would still be a criminal offense -- a misdemeanor -- instead of a civil infraction. The bill would also encourage judges to use "suspended imposition of sentence," under which the person is not convicted and, if he successfully completes a probationary period, there is no longer any public record of the matter.

Perhaps decriminalization is not quite the right word."Depenalization" would be more correct.

"Every year, nearly 20,000 Missourians are put in chains and then relegated to second-class citizenship by a criminal record for the possession of small amounts of marijuana," said John Payne, executive director of Show-Me Cannabis Regulation, who addressed the press conference. "This policy costs Missouri taxpayers tens of millions of dollars every year, but does nothing to decrease marijuana use or eliminate the harms associated with the black market. There are no other proposals before our legislators that can do so much good so easily."

At the same press conference, Rep. Ellinger also introduced the expungement bill, House Bill 511. Under current Missouri law, only a very few specified offenses can be expunged. This bill would allow expungement for all misdemeanor offenses, including marijuana and paraphernalia offenses, except for violent or sex offenses.

"Although these measures may seem like long shots, one year ago, no one would have predicted that the Republican majority in both houses would reduce the sentencing disparity between crack and powder cocaine or reduce the term of probation in most felony drug cases by one half, especially during an election year," said Dan Viets, a veteran attorney with Show-Me Cannabis Regulation. "Those reforms passed with bipartisan support, and these bills can too. That means we will do everything we can to make it happen in 2013."

And this week, Sen. Jason Holsman (D-South Kansas City) introduced an industrial hemp bill, Senate Bill 358. It would exempt industrial hemp -- defined as containing less than 1% THC -- from the state's controlled substances act and allow anyone not convicted of a drug-related crime to grow it. An identical bill was introduced in the House last year, but didn't move.

After the snow melts in Missouri, legislators will be getting back to work. It would be nice if the Show Me State could show the rest of us the way forward.

Jefferson City, MO
United States

Maine, Maryland Marijuana Legalization Bills Filed

Maine and Maryland became the latest states to see marijuana legalization bills filed this year, with lawmakers in those two states rolling out measures this week. They join Hawaii (already killed), Massachusetts, and New Hampshire, with Pennsylvania and Vermont expected to add to the list shortly.

In Maine, state Reps. Diane Russell (D-Portland) and Aaron Libby (R-Waterford) held a press conference Thursday to unveil details of their new bill, the Tax and Regulate Marijuana Act (no bill number or online text yet available). As the title suggests, it would legalize, tax, and regulate marijuana for adults 21 and over.

The bill would remove criminal penalties for possession and cultivation of small amounts of marijuana, direct a state agency to license and regulate marijuana commerce, including industrial hemp, create a $50 an ounce excise tax on wholesale sales, and allow localities to not allow marijuana commerce.

"When it comes to keeping marijuana away from teens, keeping marijuana in an unregulated underground market is the worst possible policy," Rep. Russell said. "Instead, marijuana should be sold by legitimate, taxpaying businesses in a tightly regulated market."

"Marijuana is objectively far less harmful than alcohol for the consumer and for the broader community," said David Boyer, Maine political director for the Marijuana Policy Project. "It is irrational to punish adults who simply prefer to use the less harmful substance. Law enforcement resources should be focused on preventing and responding to serious crimes rather than enforcing the failed policy of marijuana prohibition," Boyer said. "It's time for a more sensible approach."

It won't be easy. Under Maine law, if the bill passes, a constitutional referendum on it would go before the voters in November. If the voters approve it then, it goes back to the legislature next session to work out final details.

In Maryland, Del. Curt Anderson (D-Baltimore) Thursday introduced House Bill 1453, which would legalize the possession of up to an ounce and three plants for adults 21 and over. It would also create a system of regulation and taxation for marijuana commerce and impose a $50 an ounce excise tax on wholesale marijuana transactions.

Colorado and Washington voted to legalize marijuana in the November elections, and Alaska allows the possession of small amounts in one's home. The race is now on to be the next state to hop on the marijuana legalization bandwagon.

North Carolina Medical Marijuana Bill Killed -- With Extreme Prejudice

A bill that would legalize the use of medical marijuana in the Tarheel State is dead after a legislative committee killed it to avoid having to hear any more about it from constituents.

The North Carolina Medical Cannabis Act (House Bill 84) would have allowed patients suffering from debilitating diseases or conditions or their caregivers to possess up to 24 ounces of usable marijuana and have a garden of up to 250 square feet. It would also have provided for a system of medical marijuana dispensaries.

The House Rules Committee Wednesday heard public comments on the bill for about 20 minutes. Only one speaker, a representative of the social conservative North Carolina Family Policy Council, opposed the bill; a number of medical marijuana patients urged the committee to advance the bill, as did its sponsor Rep. Kelly Alexander (D-Mecklenburg).

Then, instead of merely letting the bill expire in committee, as is typically the case with bills that won't pass, the committee voted to give it an unfavorable report, ensuring the topic could not be brought up again this session. According to House rules, when a bill is given an unfavorable report, "the contents of that bill or the principal provisions of its subject matter shall not be considered in any other measure originating in the Senate or originating thereafter in the House."

"We did it to be done with it, so people could move on for the session," Rep. Paul "Skip" Stam (R-Wake) told WRAL TV in Raleigh. He said lawmakers were being "harassed" with phone calls and emails about medical marijuana.

Raleigh, NC
United States

Medical Marijuana Update

Most of the action was at statehouses this week, but there was also news from the Harborside Health Center battle in California and an announcement that the nation's capital will soon have its first dispensary.

Arkansas

On Tuesday, the state attorney general rejected the wording of a ballot measure that would legalize medical marijuana. Attorney General Dustin McDaniel complained of ambiguities in the measure. McDaniel must certify the measure before signature-gathering  to qualify for the 2014 ballot can begin.That means it's redrafting time for Arkansans for Compassionate Care, the same folks who brought a narrowly-defeated measure to the ballot last year.

California

Last Thursday, a federal magistrate rejected the city of Oakland's challenge to the federal government's effort to shut down Harborside Health Center, the world's largest medical marijuana dispensary. Magistrate Maria-Elena James ruled that only those who have a direct interest in the property -- Harborside and its landlords -- have the right to challenge the government's effort to seize it. The city had intervened in the case on Harborside's behalf, arguing that its closure would lead to public health and safety problems.

On Wednesday, medical marijuana patient Daisy Bram was arraigned in Tehama County on marijuana cultivation charges. This is the second run-in with recalcitrant local authorities for Bram, who was arrested on similar charges in 2011 in Butte County. In both cases, authorities also seized her children. In the Butte County case, police and social workers tore Bram's month-old son from her arms, and he and his sibling remained in foster care for six months. Her children have been seized once again, as has her 12-year-old personal vehicle, which authorities claimed was purchased with the fruits of crime.

District of Columbia

Last Friday, operators of Capital City Care announced that the District's first dispensary will open in April. It's been a long time coming. Voters approved medical marijuana in 1998, but Congress blocked its implementation for more than a decade, and District officials have moved at an excruciatingly slow pace in enacting regulations and permissions. City officials have approved three dispensaries and six cultivation centers, but Capital City will be the first out the gate.

Massachusetts

Last Thursday, state health officials held a "listening session" in Boston to get public input as they work on regulations for the state's nascent medical marijuana industry. They heard from patients seeking broad access, as well as from substance-abuse groups, youth counselors and police, who urged them to draft strict regulations. This was the second of three "listening sessions" undertaken by the Department of Public Health. The department has until May 1 to draft regulations for the program.

Montana

Last Friday, a package of bills to fix the state's gutted medical marijuana program was defeated in a House committee vote. The bills were an effort to undo some of the restrictions passed by the legislature in 2012 that effectively killed the state's burgeoning medical marijuana industry. The hearing was also notable for one of the more colorful comments on marijuana heard in recent years. Marijuana is "a joke," said House Human Services Committee Chair David Howard (R-Park City), a former FBI agent, adding, "It makes you delusional. It is psychologically addicting and physiologically addicting and it absorbs in your fat cells, which is the most dangerous drug there is. This is not a drug. It's a poison."

Washington

On Monday, lawmakers held a hearing on taxing medical marijuana dispensaries. The bill's sponsors said they want to hit dispensaries with a 25% tax on cannabis sales like the one mandated for non-medical marijuana under the state's new legalization scheme. The idea is to avoid a dual market -- one taxed and one not -- once legalization regulations go into effect. But more than a dozen people, most of them patients, testified against the move. No vote was taken.

West Virginia

On Monday, Del. Mike Manypenny (D-Taylor) introduced a medical marijuana bill. The bill, House Bill 2230, would allow patients to possess up to six ounces of marijuana and establishes five "compassion centers" to provide patients their medicine. Manypenny introduced similar bills in the last two sessions, but they never got a hearing.

Brits Want Marijuana Reforms, Drug Policy Review

According to a new Ipsos Mori poll, a majority of Britons favor either decriminalizing or legalizing marijuana and two-thirds support a comprehensive review of all the options for controlling drugs, from legalization to tougher enforcement.

The poll found that 53% of those surveyed supported either decriminalization or one form or another of legalization. Legalization, whether under "strict," "moderate," or "minimal" control, was supported by 41%, and decriminalization by 12%.

Only 35% favored the status quo (21%) or harsher treatment of marijuana (14%). Eight percent had no opinion and 4% said "I have never heard of this drug."

Britain down-scheduled marijuana from a Class B to a Class C drug in 2004, but reversed course in 2008, placing it back on the more serious Class B amid rising fears of the dangers of "skunk" marijuana, Britain's generic term for high-potency, domestically-produced weed. 

When it comes to other drugs, a majority (60%) favored the status quo, while only slightly more than one-third (36%) favored either decriminalization (14%) or a pilot decriminalization program (21%).

But more than two-thirds of respondents (67%) wanted a comprehensive independent review of Britain's drug policies. Support cut across party lines, with 69% of Labor supporters and 70% of Conservative supporters calling for a review of drug policy.

Britain's Conservative-led government has shown distinct disinterest in revisiting the country's drug policies, although that has led to some friction with its Liberal Democrat junior partners.

"These results just show how far ahead of politicians the public are," said the Transform Drug Policy Foundation, which commissioned the poll. "Whilst Labor and Conservative politicians shy away from the debate on drugs, around half of their supporters want to see legal regulation of cannabis production and supply or decriminalization of cannabis possession, and a significant majority want a comprehensive review of our approach to drugs -- including consideration of legal regulation," the group said.

"Politicians have repeated their 'tough on drugs' propaganda for so long that they assume the public are more fearful of change than they really are," Transform said. "In fact the world has changed, and the public are far more progressive than was thought, right across the political spectrum. At the very least the government should heed long standing and growing calls for a review of all policy options, including legal regulation. And as a matter of urgency the coalition should engage in experiments in the Portuguese style decriminalization of possession of drugs for personal use. Now is the time for the heads of all parties to show the leadership citizens surely deserve."

United Kingdom

Bipartisan Hemp, Medical Marijuana Bills Introduced in Congress [FEATURE]

It's a marijuana policy trifecta on Capitol Hill now: recreational marijuana, medical marijuana, and hemp. Earlier this month, reformist House members filed bills to end federal pot prohibition and tax the trade and last week to legalize hemp. Now, some of those same legislators -- joined by more -- have filed bills that would protect medical marijuana patients and providers and some senators have filed their companion bill to legalize industrial hemp.

Kentucky Republicans McConnell and Paul are supporting hemp legislation in the Senate
Phase II took place Thursday, when Rep. Earl Blumenauer (D-OR), sponsor of the above-mentioned marijuana tax bill, rolled out House Resolution 689, the States' Medical Marijuana Protection Act; Rep. Sam Farr (D-CA) introduced House Resolution 710, the Truth in Trials Act; and Sen. Ron Wyden (D-OR) and three co-sponsors filed the Industrial Hemp Farming Act of 2013, the companion to House Resolution 525.

Blumenauer's bill would grant federal recognition to the use of medical marijuana and remove it from Schedule I of the Controlled Substances Act. Regulating medical marijuana would be left to the states, and people complying with state medical marijuana laws would be exempt from federal arrest and prosecution.

It was introduced with bipartisan co-sponsorship, including Reps. Steve Cohen (D-TN), Sam Farr (D-CA), Raul Grijalva (D-AZ), Alcee Hastings (D-FL), Michael Honda (D-CA), Jared Huffman (D-CA) ), Barbara Lee (D-CA), James Moran (D-VA), Jerrold Nadler (D-NY), Jared Polis (D-CO), and Dana Rohrabacher (R-CA).

"The States' Medical Marijuana Patient Protection Act will allow medical marijuana patients and businesses -- who are complying with state law -- the ability to access and distribute marijuana free from federal interference," Blumenauer said. "Nineteen jurisdictions have passed laws recognizing the importance of providing access to medical marijuana for the hundreds of thousands of patients who rely on it. It is time for the federal government to respect these decisions, and stop inhibiting safe access."

"There is a plethora of scientific evidence establishing marijuana’s medical safety and efficacy and public polling for marijuana law reform is skyrocketing," said Jasmine Tyler, deputy director of national affairs for the Drug Policy Alliance. "However, when it comes to marijuana and the federal government, old fashioned politics routinely trumps modern science. The States' Medical Marijuana Patient Protection Act offers us hope we will see significant change with its passage. Congress should move swiftly to acknowledge what patients, doctors, researchers and scientists have been telling us for years: marijuana has therapeutic and medicinal benefits," said Tyler.

Farr's Truth in Trials Act is an attempt to restore fairness in federal medical marijuana prosecutions. Because the federal government refuses to recognize marijuana as anything other than a proscribed controlled substance, medical marijuana defendants and their attorneys are barred from even mentioning it or their state laws allowing its use in federal court. That has repeatedly resulted in state law-abiding medical marijuana growers and providers being convicted as drug dealers in federal courts, and sentenced accordingly.

Similar legislation has been introduced in previous years, but made little progress. Now, however, as the Obama administration keeps up the pressure on medical marijuana providers and in the wake of November's election results, supporters hope the bill can gain some traction.

This year's bill is cosponsored by Reps. Earl Blumenauer (D-OR), Steve Cohen (D-TN), Raul Grijalva (D-AZ), Barbara Lee (D-CA), James Moran (D-VA), Chellie Pingree (D-ME), Jared Polis (D-Co), Dana Rohrabacher (R-CA), and Henry Waxman (D-CA).

"The federal government for too long has denied due process to defendants who can demonstrate that they were using medical marijuana legally under local or state law," Farr said. "This bill would ensure that all the evidence is heard in a case and not just the evidence that favors conviction."

"Congress has the opportunity to establish a sensible public health policy on medical marijuana, and do what the Obama Administration has been afraid or unwilling to do," said Steph Sherer, executive director of Americans for Safe Access (ASA), which has been working with members of Congress to advance this legislation. "Patient advocates intend to push Congress to take heed of the abundant scientific evidence showing marijuana's medical value, and act in accordance with the overwhelming popular support this issue receives."

ASA is holding its first ever National Medical Cannabis Unity Conference this month in Washington, in part to do a big lobbying push for the bills. Attendees will convene in Washington on Friday, with the four-day conference culminating with a press conference and lobby day on Capitol Hill on Monday.

And then there was hemp. With Sen. Wyden's introduction of a Senate bill, there are now hemp bills in both houses. In addition to Wyden and Democratic and fellow Oregonian Sen. Jeff Merkley (D), the Senate hemp bill has the support of Sens. Rand Paul (R-KY) and Senate party leader Mitch McConnell (R-KY), both of whom have also endorsed hemp legislation back home in Kentucky.

"I am proud to introduce legislation with my friend Rand Paul and Senate colleagues, that will allow Kentucky farmers to harness the economic potential that industrial hemp can provide," McConnell said. "During these tough economic times, this legislation has the potential to create jobs and provide a boost to Kentucky's economy and to our farmers and their families."

"The Industrial Hemp Farming Act paves the way to creating jobs across the country -- from Kentucky to Oregon and everywhere else," Paul said. "Allowing American farmers to cultivate industrial hemp and benefit from its many uses will boost our states' economies and bring much-needed jobs in the agriculture community."

The House version of the bill was introduced earlier by Rep. Thomas Massie (R-KY) and has 28 cosponsors: Reps. Justin Amash (R-MI), Dan Benishek (R-MI), Earl Blumenauer (D-OR), Suzanne Bonamici (D-OR), John Campbell (R-CA), Lacy Clay (D-MO), Steve Cohen (D-TN), Peter DeFazio (D-OR), Keith Ellison (D-MN), Sam Farr (D-CA), Raul Grijalva (D-AZ), Richard Hanna (D-NY), Barbara Lee (D-CA), Tom McClintock (R-CA), Jim McDermott (D-WA), George Miller (D-CA), James Moran (D-VA), Jerrold Nadler (D-NY), Eleanor Norton (D-DC), Collin Peterson (D-MN), Chellie Pingree (D-ME), Mark Pocan (D-WI), Jared Polis (D-CO), Dana Rohrabacher (R-CA), Jan Schakowsky (D-IL), Kurt Schrader (D-OR), John Yarmuth (D-KY), and Ted Yoho (R-FL).

The hemp bills would remove federal restrictions on the domestic cultivation of industrial hemp. Specifically, the bill would remove hemp from the Schedule I controlled substance list under the Controlled Substances Act of 1970, and would define it as a non-drug so long as it contained less than 0.3 percent tetrahydrocannabinol (THC).

Eight states, including Oregon, have already passed bills providing for legal hemp production, but action in those states is on hold because the DEA refuses to recognize any difference between hemp and marijuana. That means US hemp product manufacturers must import hemp from countries that do recognize the difference between hemp and marijuana.

"Unfortunately, there are some dumb regulations that are hurting economic growth and job creation, and the ban on growing industrial hemp is certainly among them," Wyden said. "The opportunities for American farmers and businesses are obvious here. It's time to boost revenues for farmers and reduce the costs for the businesses around the country that use hemp."

Congress now has a full-blown marijuana agenda on its plate, from pot legalization to industrial hemp to medical marijuana, if it chooses to address it. And, given the overlapping cosponsorships on the various bills, it now appears to have developed a cannabis caucus. We've already come a long way from the days when it was all up to Barney Frank and Ron Paul, and they've just been gone a few weeks.

Washington, DC
United States

Michigan Bill to Allow Medical Marijuana Sales Filed

A little more than a week after the state Supreme Court ruled that Michigan's medical marijuana law doesn't allow for dispensaries, a state lawmaker is ready to file a bill that would allow cities and counties to approve them via local option.

State Rep. Mike Callton (R-Nashville) said Monday he would introduce House Bill 4271 Tuesday. The bill already has bipartisan support, with eight Democrat and eight Republican cosponsors.

A similar bill died in committee last year, and medical marijuana foe Attorney General Bill Schuette (R) has said no further medical marijuana bills are needed this year, but Callton told the Lansing State Journal he thought the measure would fare better this time around.

"I'm a Republican and I'm from a conservative area, but I've seen growing support from a lot of other legislators for this from both parties," Callton  said. "And now, with this court ruling, it becomes much more important. I want people to be able to take a recommendation for (marijuana) from their doctor and be able to go to what we're calling a provisionary center."

Not only has Schuette come out against any new medical marijuana bills, his office will this week send out letters to all 83 county prosecutors instructing them to shut down anything resembling a dispensary, his office said on Friday.

Between the state Supreme Court ruling and Schuette's aggressive posture, Michigan dispensary operators -- there may be as many as a hundred statewide -- are running scared. Many have closed their doors, while others remain open only on the down low.

"Nobody I know in this state is advertising this service anymore -- it's all going to be word-of-mouth from now on," Holice Wood, owner of a compassion club, told the State Journal.

The state's 125,000 registered medical marijuana patients now must grow their medicine themselves, rely on a caregiver (limited to no more than five patients), or resort to the black market. Patients need safe access to their medicine, they said.

"It's cost-prohibitive to grow this yourself, and it's labor intensive," said Alec McKelvey Jr., 41, of Warren, a state-registered patient who uses marijuana to fight the side effects of cancer treatments. "You have to spend hundreds of dollars on equipment and really know what you're doing to get a quality plant that has no parasites or mold -- that would make my health worse," McKelvey said.

Lansing, MI
United States

Bloomberg Says No More Jail Stays for Minor NYC Marijuana Busts

In his final state of the city address Thursday, New York City Mayor Michael Bloomberg announced that people caught with small amounts of marijuana in the city will no longer be subjected to overnight stays in the city's jails, but will merely be taken to the precinct for a desk appearance and then released.

New York Mayor Michael Bloomberg (wikimedia.org)
The move is in response to increasingly loud criticism of the city's extremely high marijuana arrest rates, which are taking place despite New York state having decriminalized pot possession more than three decades ago. The NYPD managed to get its pound of flesh from marijuana users by intimidating them into removing baggies from their pockets, then charging them with the misdemeanor of public possession of marijuana, not the infraction of simple possession, and then making them sit in holding cells for up to 24 hours.

During Bloomberg's 10-year tenure as mayor, more than 400,000 people have been arrested on pot possession charges, nearly 350,000 of them young men of color. That number has begun to decline in recent months as police have modified their practices under pressure.

"We know that there's more we can do to keep New Yorkers, particularly young men, from ending up with a criminal record," Bloomberg said. "Commissioner Kelly and I support Governor Cuomo's proposal to make possession of small amounts of marijuana a violation, rather than a misdemeanor, and we'll work to help him pass it this year. But we won't wait for that to happen," he said.

"Right now, those arrested for possessing small amounts of marijuana are often held in custody overnight. We're changing that. Effective next month, anyone presenting an ID and clearing a warrant check will be released directly from the precinct with a desk appearance ticket to return to court. It's consistent with the law, it's the right thing to do, and it will allow us to target police resources where they're needed most."

Drug reform and civil rights activists said it was a step in the right direction, but a small one.

"Mayor Bloomberg stopped defending the indefensible and now recognizes that we cannot afford to criminalize youth of color for carrying small amounts of marijuana," said Alredo Carrasquillo, a community organizer with VOCAL-NY. "But being 'consistent with the law' means more than just issuing desk appearance tickets instead of putting people in jail. Most people targeted for these arrests only produce marijuana in plain view after being illegally searched during stop, question and frisk encounters with police. Mayor Bloomberg's support for marijuana reform is a step in the right direction but does not solve the fundamental problems with the NYPD's policing strategies."

"We agree with the mayor that there's more we can do keep New Yorkers, especially young people of color, from ending up with a criminal record," said Kyung Ji Rhee, the juvenile justice director for the Center for NuLeadership. "For instance, the mayor can direct Commissioner Kelly to immediately cease and desist NYPD’s broken 'stop and frisk' program. We must stop these mass arrests and criminalizing people for simply possessing small amounts of marijuana. And we can get the police out of our schools to end the 'schools to prison' pipeline."

"This new policy is a step in the right direction -- and it's the direct result of the ongoing campaign led by community groups in New York to end these racially biased, unpopular, unjust and expensive arrests," said Gabriel Sayegh, New York state director for the Drug Policy Alliance. "Marijuana possession is the number one arrest in New York City and with this new policy change, tens of thousands of people, mostly young men of color, will no longer be held in jail overnight on for possessing small amounts of marijuana. But the arrests themselves need to end -- period. Now the legislature must act -- immediately -- to pass Gov. Cuomo's marijuana decriminalization bill. Every reasonable New Yorker supports the measure. Reform is long, long overdue."

New York City, NY
United States

AZ Court Says You Don't Have to Be High to Get a DUI

An Arizona appeals court has ruled that marijuana users don't need to be actually impaired to be successfully prosecuted for driving under the influence. The ruling came Tuesday in the case of a man who tested positive for an inactive marijuana metabolite that remains in the body for weeks after the high from smoking marijuana has worn off.

The ruling in Arizona v. Shilgevorkyan overturned a decision by a superior court judge who said that it didn't make sense to prosecute people for driving under the influence if they're not actually under the influence.

The ruling turned on a close reading of legislative intent in writing the state's DUID law. The legislation specified the presence of "the metabolite" of THC, and Shilgevorkyan had argued that lawmakers meant "hydroxy-THC, the metabolite which would indicate current impairment, not carboxy-THC, an inactive metabolite that indicates only usage some time in the past.

The appeals court disagreed, citing its decisions on earlier challenges to the DUID. "The legislature intended to create a 'per se prohibition' and a 'flat ban on driving with any proscribed drug in one's system," the court noted. "We determined that the legislative ban extends to all substances, whether capable of causing impairment or not."

Because the law was drafted to protect public safety, the appeals court said, it should be interpreted broadly to include inactive as well as active compounds.

But Superior Court Commissioner Myra Harris, who had ruled on Shilgevorkyan's behalf, warned in her earlier opinion that the appeals court's interpretation of the law would result in people, including out of state medical marijuana patients, being charged with DUI when they are not impaired.

"Residents of these states, particularly those geographically near Arizona, are likely to travel to Arizona," Harris said in her 2012 ruling upholding the dismissal. "It would be irrational for Arizona to prosecute a defendant for an act that might have occurred outside of Arizona several weeks earlier."

Shilgevorkyan's attorney said he plans to appeal to the state Supreme Court.

Phoenix, AZ
United States

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