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Marijuana Policy

Marijuana: Fayetteville, Arkansas, Lowest Priority Initiative Turns in More Signatures

A municipal initiative that would add Fayetteville, Arkansas, to the growing list of cities and counties that have adopted lowest law enforcement priority initiatives for adult marijuana possession

Presidential Politics: Both Major Party Tickets Include Former Drug Users

Democratic Party presidential candidate Sen. Barack Obama has famously confessed to teenage drug use in his published memoirs. Now, with Republican presidential candidate Sen.

Medical Marijuana: Los Angeles City Council Extends Moratorium

A year-old moratorium on the opening of new medical marijuana dispensaries within the Los Angeles city limits will be extended for at least another six months.

Palin Pick Makes Medical Marijuana a Problem Issue For McCain

We know she used marijuana when it was legal in Alaska. And we know that she hypocritically claims to oppose legalization. But Sarah Palin is also governor of a state that’s had a medical marijuana program for ten years. How does she feel about that?

Does Sarah Palin share John McCain’s open hostility towards seriously ill patients who use marijuana on the advice of their doctors?


Frankly, I highly doubt Palin agrees with this. It’s bad politics for her in Alaska and, for that matter, everywhere else as well. If pressed, she’ll be forced to take the party line, but that won’t go well for her. Palin can’t conveniently defend federal supremacy over state medical marijuana laws because she’s already argued that her own past marijuana use was legal in Alaska. She can’t defend medical marijuana raids without labeling herself a criminal.

The point isn’t that there’s anything damaging about her admitted marijuana use or that people who admit trying marijuana become obligated to support medical access. Neither is true. The point, rather, is that Palin’s personal story highlights the absurdity of bureaucrats in Washington, D.C. telling people all the way up in Alaska what sorts of petty drug laws they ought to have. She doesn’t want to go there. It’s a terrible jumping-off point for initiating a defense of federal authority to arrest sick people.

That’s why the Obama campaign would be smart to apply pressure here. Public support for medical marijuana is overwhelming and the video of McCain literally turning his back on a wheelchair bound patient is compelling. This debate polarizes independent and libertarian voters in Obama’s favor, while forcing McCain to defend another unpopular Bush policy. Biden’s obnoxious drug war background also becomes a counterintuitive asset, as he can ably deflect any shrill attacks from the law & order crowd on the right.

As the democrats clamor for opportunities to puncture the narrative of McCain/Palin as a "reform" ticket, there is nothing to lose, and potentially much to gain by directly challenging McCain’s deeply unpopular views on medical marijuana.

(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

BREAKING: People Smoke Pot at Outdoor Concerts

In a daring undercover investigation, anti-marijuana activist Lisa Silverman has exposed the seedy criminal underworld that lurks along the lawn at a Ziggy Marley show:

In August, Silverman attended a Ziggy Marley concert at the Del Mar Racetrack, just as she had the previous year, to see if pot smokers were as abundant as before. Sure enough, bongs, blunts and joints were ablaze.

Not only were the pot-puffing reggae fans not intimidated by security guards, they offered some to anti-marijuana crusader Silverman, 49. [San Diego Union-Tribune]

Actually, when the pot-smokers said "You want something, lady?" they weren’t really offering her a hit, they just wanted to know why she was crawling around on all fours sniffing people’s belongings and blowing out their matches.

"There were very few attendees who were not smoking marijuana," Silverman said, recounting her reconnaissance mission recently to a stunned board of directors for the fairgrounds.

The board of directors was indeed stunned by Silverman’s story, given that they’d posted signs at every entrance reminding security not to let the notorious complainer and buzzkill, Lisa Silverman, into any more reggae concerts.

At a recent concert at the Cricket Wireless Amphitheatre in Chula Vista, hip-hop superstar Snoop Dogg concluded his set by urging listeners to "smoke some chronic," slang for high-grade marijuana.

"Almost immediately, you could see the plumes of smoke go up," Kelly said.

San Diego songwriter Steve Poltz said he remembers attending an outdoor concert featuring James Taylor when the mellow superstar caught a whiff of marijuana smoke.

"Ah, yes," Taylor mused. "The fine scent of herb being carried on the evening zephyr."

At which point someone shouted "Dork!" and Taylor was struck with a flying beer can, proving yet again why people shouldn’t be allowed to use marijuana in public.

How Much More Public Support Does Medical Marijuana Really Need?

CNN hosted an interview with House Speaker Nancy Pelosi on Wednesday which featured democratically elected questions courtesy of the popular website Digg.com. Unsurprisingly, one of the top questions was about marijuana policy reform. Here is her response (it’s the 3rd question):

Obviously, Pelosi is very supportive of medical marijuana and despite her pessimism about achieving full-scale legalization, she didn’t actually say she opposed it. Ideologically, I’d have to say this was pretty good coming from the Speaker of the House. But, as Paul Armentano points out, Pelosi’s advice to supporters of medical marijuana just doesn’t add up. She laments Congress’ intransigence on the issue and encourages constituents to contact their representatives, as though this is all just a matter of showing politicians where the people stand.

Alas, we kinda tried that already. Public support for medical marijuana has been overwhelming for a long time. Reformers are 9-1 when it comes to passing state-level medical marijuana laws at the ballot box. State legislatures in Hawaii, New Mexico and Rhode Island have passed laws to protect patients, drawing praise from constituents. The only memorable instance of a politician being damaged for his position on medical marijuana involved Bob Barr, who lost his House seat following attacks for opposing medical marijuana. He’s come around since then.

What, other than legalizing medical marijuana in a dozen states, could the people possibly do to show the politicians in Washington, D.C. that we’re serious about this? You want us to go legalize medical marijuana everywhere else in America? We’ll do it. You want more research proving that it works? Let us know when you’re done reading what we’ve already given you, and we’ll gladly send the rest. Worried about the message to young people? Teenage use is down in states with medical marijuana laws.

You see, our feet are tired. Our throats are hoarse. Our keyboards are cracking, our sharpies are dry and we’re almost out of posterboard. With all of that in mind, Nancy Pelosi, since you do agree with us and you’re the Speaker of House now, we were hoping there might be something else you could do.

Medical Marijuana: Washington State Fight Over Allowable Quantities Continues

After being roundly chastised by more than a hundred medical marijuana patients and activists at an angry Monday meeting, the Washington state Health Department has extended the deadline for commen

Feature: California Attorney General Issues Medical Marijuana Guidelines -- Mostly Good But Some Problems, Say Advocates

After more than a decade of roiling confusion over what California's groundbreaking medical marijuana law and subsequent enabling legislation do and do not allow, state Attorney General Jerry Brown

New Medical Marijuana Regulations Are a Good Thing

Bruce Mirken at the MPP Blog points out this observation from the LA Times:

Most of the negative consequences can be attributed to the gap between state and federal marijuana laws. The fact that even sellers considered legitimate by the state can be prosecuted and ruined by federal agents encourages black-market dealers, who endanger their communities by ignoring fire codes, selling to healthy minors and fighting turf wars with other dealers.

Overall, Proposition 215 has done more good than harm. In addition to marijuana's medical benefits, its legitimate sale brings in $100 million a year in tax revenues, and even though it can be abused by users, it isn't demonstrably more dangerous to society than tobacco and alcohol. The state's new guidelines will help reduce the measure's harmful side effects, but the only long-term solution is for the feds to stop the medical marijuana raids and leave California law enforcement to California officers.

The longer Californians live under Prop. 215, the clearer that central point becomes. Federal interference is the obvious remaining source of chaos in California’s medical marijuana economy. Once that obstacle is removed, everything else will fall into place. By developing formal guidelines for legally providing medical marijuana, Attorney General Brown has taken an important step towards further legitimizing medical marijuana distribution.

Of course, the flipside is that the new regulations will give local police more leverage to go after dispensaries that don’t follow the guidelines. Providers will be required to operate on a "not-for-profit" basis, which means "reinvesting excess revenue (after salary and overhead) in patients services for members, advocacy for patients, or other typical nonprofit activity."

It will be interesting to see how all of this unfolds and I imagine there will be problems, but I’m not sure the San Francisco Chronicle quite understands what this is all about:

California Attorney General Jerry Brown has ordered a crackdown on medical pot clubs that are selling the drug for big profits.

The move puts the state a bit more in line with the feds in dealing with the explosion of questionable marijuana dispensaries since the passage of Proposition 215 more than a decade ago.

The single most important thing to understand about the new regulations is that they forbid police from disrupting legitimate medical marijuana activity as authorized under Prop. 215. To say that this somehow brings the state "a bit more in line with the feds" is dubious since federal law prohibits any medical marijuana distribution whatsoever. Since the DEA has often claimed that their enforcement is focused on operations that violate California law, the new regulations could effectively render DEA’s involvement obsolete, while protecting any provider with enough common sense to follow the guidelines.

So while the new rules are likely to create problems for some participants in the medical marijuana economy, the overarching concept behind all of this is that California’s medical marijuana laws should be enforced by California’s police, not the DEA. It is a necessary step towards further legitimizing medical access in the years to come.

Police Cannot Identify Good Marijuana

Via DrugWarRant, here’s another typical case of police wildly exaggerating the value of a marijuana seizure:

CHARLESTON, S.C. (AP) - North Charleston police have scored a major pot bust, seizing 500 pounds of marijuana with a street value of more than $2 million.

Police said there was so much marijuana they couldn't let reporters see it because the smell would overpower them. They instead showed pictures of the haul.

Charleston Police earn bonus points here for claiming the pot’s odor would "overpower" reporters, even though no one in the history of the world has ever gotten a buzz from standing near some marijuana.

Moreover, photographs reveal the pot to be ugly, brown and stemmy. It was shipped from Arizona, indicating that it is exactly the sort of ubiquitous Mexican commercial garbage that its appearance suggests. I doubt it’s worth even half of the $2 million pricetag proposed by police.

Again and again, we find law-enforcement recklessly exaggerating marijuana prices to the point of absurdity. In fairness, prices shift dramatically depending on quality, but it is precisely because police often lack the subtle ability to judge marijuana quality that they so often issue such laughable claims.

As I’ve explained before, exaggerating the value of marijuana encourages people to grow and sell marijuana.

Press Release: Hemp Foods Do Not Interfere with Drug Testing

FOR IMMEDIATE RELEASE: Monday, August 25, 2008
CONTACT: Tom Murphy at 207-542-4998 or tom@thehia.org, Adam Eidinger at 202-744-2671 or adam@votehemp.com

Hemp Foods Do Not Interfere with Drug Testing
HIA Clarifies Journal of Analytical Toxicology Report

San Francisco, CA – The Hemp Industries Association (HIA) is pleased that the authors of a new report in the July/August 2008 issue of the Journal of Analytical Toxicology (JAT), titled ”∆9-Tetrahydrocannabinol Content of Commercially Available Hemp Products” (2008, Vol. 32, pages 428-432), found that “the amount of THC present in commercially available [hemp] products is significantly less in products available today” and that eating hemp foods “should not be considered as a realistic cause for a positive urine analysis result.” The HIA does believe, however, that using August 1, 2001 would have been a better cut-off date for the test results than using April 21, 2003 when assessing progress made by the industry.

The earlier date would have been better, as it represents the official start of the HIA’s TestPledge program. TestPledge is a hemp food industry self-regulation program that implemented trace THC standards which are lower (and thus more stringent) than the Health Canada protocol for THC. The earlier date is also prior to the DEA’s publication of the “Exemption from Control of Certain Industrial Products and Materials Derived from the Cannabis Plant” (Federal Register, Vol. 66, No. 195) on Tuesday, October 9, 2001.

The TestPledge program alleviates concerns by consumers that eating hemp nut or hemp oil products may cause confirmed positive drug tests. TestPledge also dispels concerns regarding hemp oil body care products topically applied to the skin. TestPledge companies commit to implementing quality control measures which limit the amount of trace residual THC in hemp nut and oil, thus eliminating the risk of confirmed positive drug tests and any interference with workplace drug testing.

The TestPledge program is based on a study of trace THC in hemp food products that was conducted by Leson Environmental Consulting of Berkeley, California. A study summary was published in July 2000 and is available on the TestPledge Web site at http://www.testpledge.com/answers.htm. The final study, titled “Evaluating the Impact of Hemp Food Consumption on Workplace Drug Tests,” was published in 2001 in the Journal of Analytical Toxicology (2001, Vol. 25, pages 691-698).

Hemp foods are made from low-THC oilseed varieties of industrial hemp, most of which are grown in Canada and are on the Health Canada List of Approved Cultivars. Cannabis-flavored candies are made with Cannabis flower essential oil (CFEO), also known as hemp essential oil, which is obtained from steam distillation of the flowers and upper leaves of the Cannabis plant. CFEO should not be confused with hemp oil, also known as hemp seed oil, which is a vegetable oil that is derived from the seeds of low-THC varieties of industrial hemp.

Members of the HIA pledge to conduct their business in the hemp industry within the HIA guidelines for ethical business practices, including accuracy in labeling. These business practices preclude the use of drug slang and other marketing gimmicks that may give the “impression of illegality for a rebellious younger generation.” To that end, the HIA issued a Legal Advisory re: Hemp Essential Fragrance on February 24, 2004 and also formally advised its members on February 1, 2007 not to stock products made with CFEO. Such sales and marketing may result in public confusion concerning bona fide hemp seed and oil used in safe, healthy foods that are intentionally marketed so as to avoid having anything to do with drugs.

# # #

California Attorney General Tells Police to Uphold Medical Marijuana Laws

Ten years after the passage of Proposition 215, California Attorney General Jerry Brown has finally clarified that law-enforcement must respect the state’s medical marijuana law:

California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law.

The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law. [Americans for Safe Access]

While Prop. 215 has gone a long way towards protecting the medical marijuana community from harassment by state law-enforcement, there have been continuing regional problems such as unjustified confiscation of medicine. The new guidelines should remind police that their duty is to uphold the law, not circumvent it.

Press Release: CA Attorney General Directs Law Enforcement on Medical Marijuana

MEDIA RELEASE
Americans for Safe Access
For Immediate Release: August 25, 2008

CA Attorney General Directs Law Enforcement on Medical Marijuana / Comprehensive recommendations include protection of dispensaries

Sacramento, CA -- California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law. Specifically, the Attorney General states that, "a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law."

The guidelines are the culmination of years of work by Americans for Safe Access (ASA) and other advocates to educate and urge action from the Attorney General and other state officials. "Today we stand beside the Attorney General of California in his effort to fully implement the state's medical marijuana law," said ASA Chief Counsel Joe Elford. "We welcome this leadership and expect that compliance with these guidelines will result in fewer unnecessary arrests, citations and seizures of medicine from qualified patients and their primary caregivers." The guidelines not only provide direction for patients and police, but also for lawyers, judges and public officials to better understand their rights, responsibilities, and obligations under state law.

The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law.

Contained within the guidelines is a controversial provision requiring medical marijuana dispensaries to operate on a not-for-profit basis. This interpretation of the law comes from California's Medical Marijuana Program Act (SB 420), passed by the legislature in 2003. However, while the voter-approved initiative Proposition 215, the Compassionate Use Act, references the need for a distribution system, no mention is made of for-profit status. In prior discussions with the Attorney General's office, ASA had strenuously objected to this provision of the guidelines.

The guidelines come at a time of escalating interference by the federal government. The federal Drug Enforcement Administration (DEA) and Department of Justice continue in their attempts to undermine state law through ongoing investigations, raids, seizures, prosecutions, and imprisonment of medical marijuana patients and providers. In response, several California mayors, including Gavin Newsom and Ron Dellums, have voiced their opposition to House Judiciary Chair John Conyers (D-MI) and have called for oversight hearings. "It is now up to Congress and the new President to align federal policy with California and other medical cannabis states," said ASA spokesperson Kris Hermes. "It is time to resolve the federal-state conflict that serves only to undermine California and other states' sovereignty and inflict harm on seriously ill patients and their care providers."

For further information:

Guidelines issued today by the California Attorney General: http://www.AmericansForSafeAccess.org/downloads/AG_Guidelines.pdf
Attorney General bulletin issued to all law enforcement after the 2005 U.S. Supreme Court decision in /Gonzales v. Raich/: http://www.AmericansForSafeAccess.org/downloads/AG_Raich_Bulletin2.pdf

Marijuana: Massachusetts Decriminalization Initiative Polling Well

A Massachusetts initiative that would decriminalize marijuana possession looks set to win in November, if polling numbers from this month are any indication.

Marijuana: Hawaii's Big Island to Vote on Lowest Law Enforcement Priority Initiative

Petitioners for an initiative making adult marijuana offenses the lowest law enforcement priority on Hawaii's pot-friendly Big Island failed to gather enough valid signatures to qualify for the Nov

Medical Marijuana: California Supreme Court to Take Up Limits Issue

The California Supreme Court agreed Wednesday to revisit the question of how many plants and how much marijuana medical marijuana patients may legally possess.

Feature: Seattle's Hempfest Again Draws Multitudes in Celebration of Cannabis Culture

Last Saturday and Sunday, Seattle's Myrtle Edwards Park, a mile-long strip of land fronting Puget Sound just north of downtown, once again played host to the

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