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Drug War Topics

Decriminalization

Marijuana: New Hampshire House Passes Decriminalization Bill, But Without Veto-Proof Majority

The New Hampshire House Wednesday voted 214-137 to decriminalize the possession of small amounts of marijuana, but the measure faces an uncertain future after Gov. John Lynch (D) immediately threatened to veto it. The House tally leaves supporters about 20 votes short of a veto-proof majority.

Under the bill, HB 1653, adults caught possessing or transporting up to a quarter-ounce of pot would be subject to a $400 fine. Minors caught with a quarter-ounce or less would be subject to a $200 fine and their parents would be notified. Youthful offenders would also have to complete a drug awareness program and community service within a year or face an additional $1000 fine. Under current New Hampshire law, small-time pot possession is a misdemeanor punishable by up to a year in jail and a $2,000 fine.

The House passed a similar measure in 2008, but it died in the Senate after Gov. Lynch threatened to veto it. Last year, the House dropped decrim and instead concentrated on passing a medical marijuana dispensary bill. Lynch vetoed that. The House overrode his veto, but the Senate came up two votes short.

Lynch was back in form on Wednesday. "Marijuana is a controlled drug that remains illegal under federal law. I share the law enforcement community's concerns about proliferation of this drug," Lynch said. "In addition, New Hampshire parents are struggling to keep their kids away from marijuana and other drugs. We should not make the jobs of parents — or law enforcement — harder by sending a false message that some marijuana use is acceptable."

“This makes three years in a row that the House has passed a bill attempting to reform New Hampshire’s archaic marijuana policies,” said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy, which led the lobbying fight for the bill. “Unfortunately, Gov. Lynch has continued to show little interest in learning what the House has learned about these issues.

The bill now goes to the Senate. But unless advocates can pass it overwhelmingly there and come up without another 20 or so votes in the House, it is likely to meet the same fate as the 2009 decrim bill and last year's medical marijuana bill.

Feature: UN Anti-Drug Agency Complains Latin American Decriminalization Trend Undermines Prohibition Regime

In its annual report on countries' compliance with the global drug prohibition regime, released Wednesday, the

Feature: Mexico Conference Calls for New Direction in Drug Policy, Says Prohibition Has Failed

On Monday and Tuesday in Mexico City, political figures, academics, social scientists, security experts, and activists from at least six countries came together for the

Marijuana: It's Pot Week in Providence as Rhode Island Solons Introduce Decrim Bill, Ponder Prohibition

It's been a big week for marijuana at the statehouse in Providence, with lawmakers Tuesday introducing a decriminalization bill and hearing testimony on the effects of marijuana prohibition Wednesd

Marijuana: Washington State Decriminalization and Legalization Bills Killed in Committee

A pair of marijuana reform bills before the Washington state legislature were voted down by a House committee Wednesday.

Marijuana/Medical Marijuana: More States, More Bills, More Hearings

It's becoming difficult to keep up with all the marijuana bills being filed at statehouses around the county.

The Year on Drugs 2009: The Top Ten US Domestic Drug Policy Stories

As 2009 prepares to become history, we look back at the past year's domestic drug policy developments.

Europe: Czech Government Announces Decriminalization Quantities; Law Goes Into Effect on New Year’s Day

The Czech cabinet Monday approved a Justice Ministry proposal that sets personal use quantity limits for illicit drugs under a penal code revision that decriminalizes drug possession in the Czech Republic. The law and its quantity limits will take effect on January 1.

The Czech government had approved the decriminalization law late last year, but failed to set precise quantities covered by it, instead leaving it to police and prosecutors to determine what constituted a “larger than small” amount of drugs. The resulting confusion--and the prosecution of some small-scale marijuana growers as drug traffickers--led the government to adopt more precise criteria.

Under the new law, possession of less than the following amounts of illicit drugs will not be a criminal offense:

Marijuana 15 grams (or five plants)
Hashish 5 grams
Magic mushrooms 40 pieces
Peyote 5 plants
LSD 5 tablets
Ecstasy 4 tablets
Amphetamine 2 grams
Methamphetamine 2 grams
Heroin 1.5 grams
Coca 5 plants
Cocaine 1 gram

Possession of “larger than a small amount” of marijuana can result in a jail sentence of up to one year. For other illicit drugs, the sentence is two years. Trafficking offenses carry stiffer sentences.

Justice Minister Daniela Kovarova said that the ministry had originally proposed decriminalizing the possession of up to two grams of hard drugs, but decided that limits being imposed by courts this year were appropriate. "The government finally decided that it would stick to the current court practice and drafted a table based on these limits," Kovarova said.

The Czech Republic now joins Portugal as a European country that has decriminalized drug possession.

Europe: Czech Government Decriminalizes Up To Five Marijuana Plants, 15 Grams

Beginning January 1, possession of up to 15 grams of marijuana or up to five marijuana plants will not be a punishable offense in the Czech Republic.

Europe: Czech Government Decriminalizes Up To Five Pot Plants, 15 Grams

Beginning January 1, possession of up to 15 grams of marijuana or up to five marijuana plants will not be a punishable offense in the Czech Republic. Likewise, people will be able to possess up to 40 hallucinogenic mushrooms. The limits were announced Tuesday after they were decided on by the cabinet.

Late last year, the Czech parliament approved a new penal code that specified no punishment for the possession of “small amounts” of drugs. But the code did not specify just what constituted a “small amount,” with the result that police sometimes charged people, especially home pot growers with more serious offenses. The task of formalizing those limits has been taken up by the Justice Ministry, which submits its proposals to the cabinet.

The ministry has also proposed setting the “small amount” limits for ecstasy at four tablets and for hashish at five grams. Similarly, people could possess up to two grams of methamphetamine without fear of punishment. The cabinet will consider those proposals in two weeks.

Possession of amounts greater than “small amounts,” but less than those assumed to indicate drug trafficking, will result of prison sentences of up to one year for marijuana and up to two years for other drugs.

According to the European Monitoring Center for Drugs and Drug Addiction‘s latest annual report, Czechs are among Europe’s leading pot smokers. Among young Czechs (age 16 to 34), 22% toke up at least once a year. The European average was 16%.

Europe: Scotland Ponders Move to Fines for Small-Time Marijuana Possession

In a report released Wednesday, the Scottish government is recommending that small-time marijuana offenders s

The Staggering Incoherence of Drug Warrior Charles Grassley

Earlier this month, notorious drug war cheerleader Sen. Charles Grassley (R-IA) provoked outrage by attempting to censor debate about drug policy reform in Congress. He proposed an amendment that would literally ban a congressionally appointed expert panel from discussing legalization or decriminalization as part of a broad evaluation of criminal justice policies.

It's just a transparently pathetic strategy of defending the drug war status quo by outlawing meaningful debate and keeping alternatives off the table. Fortunately, just about everyone saw right through it. Pete Guither points out that Grassley is so cornered, he's now begging his constituents in Iowa to back him up on this. And the harder he tries to defend it, the weaker it sounds:

First and foremost, Congress ought to tackle issues whenever possible before bucking them to commissions. Increasingly, Congress is using commissions to avoid doing what Americans elect members to do: ask tough questions, identify possible answers, debate policy solutions and take a stand. [Des Moines Register]

Yeah, who needs experts when we've got politicians to make all our decisions for us?

This commission also would cost $14 million. It's hard to justify that expenditure in the current fiscal situation, especially when it's work that Congress should be doing itself.

Wait, so you can justify spending $50 billion a year on the war on drugs, but we can't justify $14 million to evaluate whether it makes any sense?

Finally, I put forward an amendment to address the issue of decriminalization and legalization of any controlled substance. I filed this amendment in an effort to start a debate on this important issue.

Really, Chuck? Really? How exactly does banning discussion of something promote debate? Everything, from the language of Grassley's amendment to his rich history of ignorant pro-drug-war posturing, proves what a total lie that is. The very essence of this controversy is that he blatantly attempted to prevent experts from looking into the issues he doesn’t want to talk about. Clearly, Grassley greatly underestimated the growing public demand for a new dialogue about our drug policies and got burned by his own arrogance, to such an extent that he is now hilariously masquerading as the champion of that critical discussion.  

The obvious bottom line here is that Grassley is consumed by his fear about what the experts will say. That is just implicit in all of this. If he wasn't deeply afraid of their conclusions, he wouldn’t be introducing amendments telling them what conclusions not to reach.  

The commission hasn’t even been appointed yet, so the very notion that it will become a referendum on the urgent need for sweeping reforms to our drug policy is purely a product of his paranoid imagination (combined perhaps with a subconscious recognition that the drug war is a gaping suckhole and smart people aren't exactly in love with it anymore). If Congress had named an expert panel consisting of Ethan Nadelmann, Rob Kampia, Jacob Sullum, Paul Armentano, Micah Daigle, Norm Stamper, Pete Guither and Willie Nelson, then maybe Charles Grassley could be forgiven for tearing from D.C. to Des Moines on horseback, flailing a dinner bell over his head and screaming that the legalizers are coming.  

Until that happens, the drug war pep squad would be well advised to just pipe down for the time being, lest their suggestions that we not discuss certain things should lead to yet more discussion of the things they don’t want discussed.

Update: Turns out Grassley's piece was a response to this Op-ed by Marni Steadham of University of Iowa SSDP. More coverage here.

Feature: The State of Play -- Federal Drug Reform Legislation in the Congress

Ten months into the Obama administration, drug policy reform in the US Congress is moving along on a number of tracks.

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