Federal Legislation Considers New Approach to Marijuana Possession

ACLU Blog

Friday, April 25, 2008

For the first time in a quarter of a century, legislation has been introduced in Congress that would eliminate federal criminal sanctions for possession of small amounts of marijuana.

Considering that 89 percent of the mind-boggling 829,625 people arrested for marijuana law offenses in 2006 — the most recent year for which data is available — were arrested for mere possession, the bi-partisan “Personal Use of Marijuana by Responsible Adults Act of 2008” would go a long way toward increasing public safety by freeing up our federal law enforcement resources to focus on serious, violent crime. Taxpayers are stuck with the multibillion dollar bill for these hundreds of thousands of marijuana arrests, which consume 4.5 million law enforcement hours — the equivalent of taking 112,500 law enforcement officers off the streets.

Unfortunately, it will be an uphill battle for the bill’s co-sponsors, Barney Frank (D-Mass.) and Ron Paul (R-Texas), to move it through the current Congress.

It shouldn’t be. According to a 2001 Zogby poll, 61 percent of Americans oppose arresting and jailing nonviolent marijuana users, while a 2002 Time/CNN poll found that 72 percent of Americans think people arrested for marijuana possession should face fines rather than jail time. Yet, legislators remain under the impression that support for marijuana law reform would brand them with a stigma as soft-on-crime. That’s a shame for the three-quarters of a million small-time marijuana offenders who this year will be branded with the stigma of arrest, leading to employment discrimination, loss of financial aid for college and other public assistance, loss of child custody, and oftentimes imprisonment.

Way back in 1972, a special commission created by Congress and President Richard Nixon concluded that states and the federal government should decriminalize the possession of small amounts of marijuana for personal use, finding that the harms of marijuana laws outweigh the potential harms of marijuana use. Although the federal government disregarded the report, 12 states followed its recommendation to decriminalize marijuana possession. Significantly, a 1999 report by the Institute of Medicine commissioned by the Office of National Drug Control Policy found no difference in marijuana use rates between states that have decriminalized marijuana and those that have continued to make arrests for marijuana possession.

Now is a unique opportunity to tell our elected leaders that our nation’s unsound marijuana laws are not tough-on-crime — but they are tough on taxpayers’ wallets and public safety. Please urge your Congressional Representative to co-sponsor and support this historic legislation by sending a personalized message to your Congressional Representative.

This may be the first dude to die from smoking weed. And it was prescribed!

Okay check out this article. It's like barely a paragraph. There are so many issues to talk about here. But if the article is correct....which it better be, this dude( i bet cool dude because I like Steely Dan too, and I have really good taste) is going to die because he took prescribed medicine....what the fuck? i'm in a hurry so fuck the dumb shit like english....

This will not be in the national news even tho there are two bills about this very subjuect before congress right now... what the fuck is that. our country is fucked up. i'm not even talking about the serious shit like WWI, WWII, vietnam, afganistan, pearl harbor, 9-11, religion, education, health care system.... i am just talking about fucking weed... i am about to flip. i cant live like this.

I'm on this all week, at least. I'm writing everyone. I hope you help. More coming, dave


here it is... dude i could memorize this and i am the worlds biggest pot head.. its a joke...


THE ASSOCIATED PRESS

SEATTLE -- The University of Washington Medical Center says a 56-year-old man dying of a failing liver can not be considered for a transplant.

The reason? Timothy Garon used medical marijuana for the relief of symptoms of hepatitis C. He can't understand why he was denied a place on the transplant waiting list.

Doctors say drug use is one of the factors they consider in deciding whether a patient is likely to be able to handle the treatment regimen required of people who have transplants.

Garon is the lead singer for Nearly Dan, a Steely Dan cover-band. He remains charged with manufacturing marijuana for his arrest in December at a rental home in Mountlake Terrace.(check it out here and please let me know what you think)

It's time for team owners to stand up for their players.

The off season is the off season.... He shouldn't have to lie to his fans. Dave


DALLAS - Hours before the Dallas Mavericks’ biggest game of the season, forward Josh Howard went on the radio Friday to talk about something else — his fondness for marijuana.

It was quite a follow-up to teammate Jerry Stackhouse calling opposing coach Byron Scott “a sucker in my book” on local airwaves.

Howard’s comments are more serious because marijuana use is illegal and eligible for punishment from the NBA. It’s a topic he’s addressed before, but never so publicly, so close to tipping off such an important game, as the Mavericks were down 0-2 in their first-round series against the New Orleans Hornets.

“Most of the players in the league use marijuana and I have and do partake in smoking weed in the offseason sometimes,” Howard told The Michael Irvin Show on the local ESPN affiliate. “I mean, that’s my personal choice and my personal opinion, but I don’t think that’s stopping me from doing my job.”(more)

Please check out the poll on this page and vote.

Saturday, April 26, 2008
Readers vote to legalize pot after center reopens
Nature's Wellness Collective in Orange dispensing medical marijuana again after March raid.

By EUGENE W. FIELDS


ORANGE – Less than two months after being raided by federal agents, Nature's Wellness Collective is once again dispensing marijuana for medicinal purposes.

City officials say the dispensary, which reopened Wednesday, should expect more raids in the future.

Bob Adams, owner of the dispensary on 830 E. Lincoln Ave., said Drug Enforcement Agency agents toting AK-47 automatic rifles raided the facility March 4. Adams, 44, said his marijuana was confiscated and he was detained and taken to the DEA offices in Santa Ana, where he was questioned for three hours and then released. No charges were filed against him.

"I'm not a criminal. I'm not a bad guy and I'm not a drug dealer," Adams said. "If I was going to deal drugs, I'd do it a lot differently than this."Vote here! We are already killing it, lets help!!)

Email from MPP about California

Marijuana Policy Project
Marijuana Policy Project Alert: Calif. April 23, 2008


URGENT: Please help pass landmark medical marijuana legislation in California

Dear Dave Corn,

Next Tuesday, April 29, the California State Assembly's Committee on Public Safety will be conducting a hearing on AB 2743 — a bill authored by Assembly Member Lori Saldaña (D-San Diego) that would prohibit state and local law enforcement from assisting with federal raids on medical marijuana patients and providers.

Please take a few minutes to send a message to the committee members letting them know that you support AB 2743 because local peace officers should respect California's well-established medical marijuana laws.

Taking action is easy. Just visit MPP's action page, enter your information, and send an e-mail to the committee. If you are a patient or medical professional, please modify the message to include that information.

With your help, we can pass this ambitious legislation, which will dramatically improve protections for California's medical marijuana patients and providers.

Most federal raids on California's medical marijuana facilities rely on significant help from local law enforcement agencies; in many cases, local agents have even asked federal agents to raid patients and providers. AB 2743 will create a policy of respecting the state's protections for medical marijuana patients and their providers.

Thank you for taking action to support our state's right to self determination and safe access to medical marijuana for seriously ill and injured patients. Making contact with state policymakers is one of the most effective ways to help change the laws.

Please don't forget to forward this message on to friends, family, and co-workers in California, so that they too can take action.

Sincerely,

Aaron Smith
California Organizer
Marijuana Policy Project

P.S. The committee will be holding a hearing on AB 2743 Tuesday, April 29 at 9:00 a.m. in Sacramento. If you are a patient or dispensing collective staffer who might be interested in attending, please e-mail ASmith@mpp.org.

Two Medical Marijuana Bills Introduced in House

Washington, D.C. - Two bills introduced into the U.S. House of Representatives last week would put a serious dent into federal prosecution of medical use of marijuana and offer protection to patients who use it.

Representative Barney Frank (D-Massachusetts) is a leader on both measures, which were introduced April 17. The Medical Marijuana Patient Protection Act (HR 5842) would reschedule marijuana a from a Schedule I to a Schedule II drug under the Controlled Substances Act. The change would allow physicians to recommend use of marijuana under conditions set by state law.

The other bill, the Act to Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults (HR 5843) would eliminate federal penalties for the possession of small amounts (up to 100 grams) or not-for-profit transfer of small amounts (up to one ounce, 28.3 grams) of marijuana. It would create a civil penalty of $100 for the public use of marijuana.

The bill would not legalize growing or distribution of commercial quantities of marijuana, nor would it affect any state laws.

"When doctors recommend the use of marijuana for their patients and states are willing to permit it, I think it's wrong for the federal government to subject either the doctors or the patients to criminal prosecution," Frank said in introducing the measures.(more)

Editorial: Medical marijuana merits state support

Doctors should decide if it's the best treatment for patients.

At a time when researchers are plunging into the rainforest in search of new medicines, there's growing consensus that a humble herb easily cultivated here may help patients struggling with cancer, AIDS, multiple sclerosis and other painful, difficult-to-manage conditions.

The herb, whose slim, multi-pronged leaf makes it instantly recognizable, is marijuana. The Minnesota Senate has already approved a measure that would make Minnesota the 13th state to legalize its medical use. The House will likely vote this spring. Lawmakers, as well as the governor, should give the bill careful yet open-minded consideration and make it a reality.

•Patients could possess 2.5 ounces of marijuana but could not grow their own.

• Authorized users would carry a state-issued ID card.

• Lighting up in public places would be prohibited.

• Marijuana would be an out-of-pocket expense; insurance plans would not be required to cover it.(more)

******P.S.******

I noticed they didn't mention any mental conditions(like California voters did). Most states aren't allowing medical marijuana use for mental conditions. Also I noticed that the Marijuana Policy Project never mentions it for use for mental conditions. And their group is working mostly toward medical marijuana law reform. It might be because it seems like all the studies I've seen have been mixed. But that's why we need more federal funding for research. Check out the next article too.

Trouble in Prozac Nation

The possibility that a group of widely prescribed antidepressants, including Prozac and Paxil, might trigger suicide and other violence in a small percentage of users has been the subject of isolated reports in the major media since they first arrived on the market. Recently, however, the concern has been recognized by the federal government. In June, following actions taken by British drug authorities, the FDA released a statement recommending that physicians refrain from prescribing Paxil to new patients under 18.

Paxil is one of a class of drugs known as selective serotonin reuptake inhibitors (SSRIs). Studies funded by the drug's maker, GlaxoSmithKline (GSK), showed it was no more effective than placebos for treating pediatric depression. The same studies also showed an increased occurrence of emotional disturbance in those taking it. The likelihood of a suicide attempt, for example, was about three times greater for Paxil users than for those taking placebos. In August, Wyeth pharmaceuticals drew essentially the same conclusions about its antidepressant Effexor, sending out a two-page letter to healthcare workers stating it may not be safe for pediatric use. This led to the FDA's reanalyzing data for Effexor and several other SSRIs, and in October the FDA issued an advisory citing similar findings for Celexa, Effexor, Prozac and Zoloft. In December drug authorities in Britain banned all but one SSRI from use by children because of evidence that they can cause children to become suicidal. The consistency of these findings suggests that perhaps the FDA should be taking actions that should have been taken long ago to curb adult use of SSRIs. (more)

Minnesota: TV Ad Backs Medical Marijuana Use

A new TV ad, featuring a woman suffering from extreme back pain, is the first in a new series meant to urge Governor Tim Pawlently not to veto a bill in order to protect suffering Minnesotans from arrest for using medical marijuana under a doctor’s recommendation.

The ad will begin running on broadcast and cable station throughout Minnesota later this week. It is the story of Lynn Rubenstein Nicholson of Minneapolis who suffers intractable pain after enduring 10 surgeries following a back injury.

"Really, the only thing that gave me relief was marijuana. It's not ok to break the law...” Nicholson says in the ad of her struggle to find relief from the constant pain that keeps her bedridden most of the time. “I am tired of being a criminal. Please Gov. Pawlently, do not veto the medical marijuana bill.”

The bill succeeded to pass in the Senate last year and the House Ways and Means Committee, 13-4, April 9 and is heading to the House floor for a vote soon, but Gov. Tim Pawlently has threatened to veto it if it passes.

“The governor has threatened a veto after hearing from certain aspects of the law enforcement community. Hopefully, before he finalizes his decision, he will also consider the opinions of the hundreds of doctors, thousands of nurses, multitude of medical associations, the vast majority of Minnesotans and suffering patients like Lynn, who all support this bill,” said Neal Levine, director of state campaigns for the Marijuana Policy Project, according to the Minnesota Public Radio. (more)

Marijuana can prevent cancer, not cause it

The Office of National Drug Control Policy has been spending millions of taxpayer dollars on advertisements and printed material declaring that marijuana causes cancer. The truth is just the opposite - marijuana can prevent cancer. Recent research has shown that the cannabinoids found in marijuana can not only halt the spread of cancer but can also kill cancer cells.

A study conducted in 2005 by Dr. Donald Tashkin at the UCLA School of Medicine demonstrated that people who smoke marijuana are at less risk of developing lung cancer than tobacco smokers. The study of 2,200 people in Los Angeles found that even heavy marijuana smokers were no more likely to develop lung, head or neck cancer than non-users. In comparison, tobacco users' risk of cancer increases the more they smoke.

Data in Dr. Tashkin's study suggest that people who smoke marijuana are less likely to develop lung cancer than people who do not smoke anything at all. Since marijuana smoke contains the same cancer-causing agents as tobacco and the only difference between the nonsmokers and the marijuana smokers was their use of cannabis, then it is not an unreasonable hypothesis that marijuana can prevent the development of cancer.(more)

UI Scientists Seek Marijuana Smokers For Study

April 12, 2008--A group of University of Iowa scientists is looking for marijuana smokers to help gain insight into the drug's effects. And they plan to pay subjects as much as 600 dollars to smoke their pot.

The study examines how marijuana affects brain function and cognition, with particular attention to the duration of use and the age of first use. The measure is brain imaging studies and achievement tests, such as for math and verbal skills.

Robert Block is an associate professor in the school's Department of Anesthesia and the lead investigator on the project. He says the group is looking for pot users and control subjects who consume alcohol and tobacco -- but not marijuana -- to participate in the study.

Subjects receive 20 dollars for an initial screening session. Those that participate fully pocket 600 dollars.

Block said that, depending on the results, the study might ultimately be used to support political positions on marijuana. Those could include whether there should be harsher criminal penalties, whether it should be decriminalized, or whether it should be allowed for medicinal purposes.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

Texas Patient Wins Landmark Acquittal in Medical Marijuana Case

(Long Island, N.Y.) A Texas patient who uses medical marijuana to treat the symptoms of HIV won acquittal on marijuana possession charges March 25 based on a “necessity defense.”
Though such a defense - which requires the defendant to establish that an otherwise illegal act was necessary to avoid imminent harm more serious than the harm prevented by the law he or she broke - has rarely been successful in Texas, the jury took just 11 minutes to acquit Tim Stevens, 53. The trial was hotly contested.

Stevens had never been in trouble until Amarillo police arrested him for possessing less than 4 grams of marijuana. As a result of his HIV infection, Stevens suffers from nausea and cyclical vomiting syndrome, a condition so severe that he has required hospitalization and blood transfusions in the past.(more)

Letter to the editor: Marijuana legalization would make for safer society

(from)
Regarding Mike Murphy's thoughtful April 2 column, if health outcomes determined drug laws instead of cultural norms, marijuana would be legal.

Unlike alcohol, marijuana has never been shown to cause an overdose death, nor does it share the addictive properties of tobacco. Marijuana can be harmful if abused, but jail cells are inappropriate as health interventions and ineffective as deterrents.

The first marijuana laws were enacted in response to Mexican immigration during the early 1900s, despite opposition from the American Medical Association.

Dire warnings that marijuana inspires homicidal rages have been counterproductive at best.

White Americans did not even begin to smoke pot until a soon-to-be entrenched government bureaucracy began funding reefer madness propaganda. By raiding voter-approved medical marijuana providers in California, the very same federal Drug Enforcement Administration that claims illicit drug use funds terrorism is forcing cancer and AIDS patients into the hands of street dealers. Apparently marijuana prohibition is more important than protecting the country from terrorism.

Students who want to help end the intergenerational culture war otherwise known as the war on some drugs should contact Students for Sensible Drug Policy at www.schoolsnotprisons.com.

Robert Sharpe,
MPA policy analyst
Common Sense for Drug Policy

Comedian Doug Benson Offers NORML Supporters Free DVD of New Movie

Los Angeles, CA: Longtime NORML supporter and comedian Doug Benson is offering NORML members the opportunity to host their own screenings for his new comedic documentary Super High Me. A parody of the well-known documentary Super Size Me, Super High Me is an experiment of the effects of medical cannabis on the human body.

As part of his journey, Doug smokes, eats and vaporizes medical marijuana for thirty consecutive days in order to get "Super High." But there is a catch–first Doug must go thirty days without any marijuana and undertake a number of tests, completing the same tests while medicated and while sober, in an effort to find out what marijuana does and how it really affects people.

The filmmakers are employing a revolutionary 'open access' marketing scheme to promote the film, and as such are pleased to offer free DVDs of the film to NORML chapters, members, and supporters, in order for them to have the opportunity to screen the film this April 20th.

Interested parties should direct their web browser to the film's website at www.superhighmemovie.com and register to host a screening or find an existing screening in your community.

For more information, contact NORML Outreach Coordinator Ron Fisher at (202) 483-5500.

As Frank prepares marijuana bill, states make own efforts

By Matthew Huisman
Standard-Times correspondents
April 06, 2008 6:00 AM
and Jason Millman

WASHINGTON — Proponents of U.S. Rep. Barney Frank's proposal to legalize small amounts of marijuana are pointing to efforts in some states — including Massachusetts — to decriminalize the drug as evidence of public support for Rep. Frank's plan.

Rep. Frank, D-Mass., said recently that he will introduce two bills, one that would decriminalize possession of less than 100 grams — or 3.5 ounces — of marijuana and another that would grant protection to states that decide to allow medicinal use of marijuana.

"The public is now ready for this," Rep. Frank said in a telephone interview. "I have long thought it was foolish to have these laws on the books, but now as I look at the public opinion, it's clear that this is wanted."(more)

Researchers say marijuana is less of a drag than cigarettes

A study published in the Archives of Pediatrics and Adolescent Medicine was completed on 5,263 teenage students in Switzerland and is producing some hair raising results. In line with a lot of studies that have been released in 2007 and 2008, this study boldly claims that it has found that marijuana use does not produce the fearful symptoms spread by anti-drug groups. The study seems to make a case that teenagers who use only marijuana, opposed to students who use marijuana and cigarettes are more active in sports, have better grades, are more socially adept and have used less illegal drugs.(more)

Pro-marijuana legalization rally held at Univ. of Mich.

4/5/2008, 4:58 p.m. EDT
The Associated Press

ANN ARBOR, Mich. (AP) — Poet John Sinclair was the headliner at the 37th annual Hash Bash, a pro-marijuana legalization rally held on the University of Michigan campus.

Sinclair is known for the marijuana conviction that led to a 1971 "Free John Sinclair" rally at the university's Crisler Arena. That event featured the late John Lennon.

Sinclair spoke for about 15 minutes during Saturday's event, telling the crowd that people want drugs and want to get high "because it's all good."

Police tell The Ann Arbor News for a story posted on its Web site that no marijuana-related citations were issued, while one person was arrested for disorderly conduct.

Campus police estimate 1,200 to 1,500 people attended the event. The News puts the number closer to 2,000.

LA to FEDS: BACK OFF on Medical Marijuana!

April 3rd, 2008 by Celeste Fremon

On Wednesday, the LA City Council passed a resolution that asks Federal law enforcement to mind its own damn business when it comes to medical marijuana.

More accurately, the resolution supports the state in its push to get the Feds to back off. Last August, the Council tried on its own when it passed the an ordinance to regulate and oversee the medical marijuana trade in LA, and politely asked the DEA to stop launching 100-agent raids on lawful clinics. But the DEA blithely ignored the request and kept on raiding the marijuana clinics anyway. “We’re just enforcing the law,” DEA spokeswoman Sara Pullen told me when I reported on the issue last summer for both WLA and the LA Weekly.. (I believe I mentioned to Pullen that I could personally point out a couple of meth-dealer locations, the raiding of which might be a better use of her agency’s time, but she declined to take me up on the offer.)

With Wednesday’s resolution, sponsored by Dennis Zine, Janice Hahn, and Bill Rosendahl, (the lone No vote from Greig Smith) the Council is trying a new strategy by calling for support of California State Senate Joint Resolution 20. The state resolution asks the President and Congress to enact legislation to require the DEA and all Federal agencies and departments to “respect the compassionate use laws of states”. SJR 20 also requests Federal law enforcement to enforce Federal medical marijuana laws in a manner consistent with the laws of the State of California.

California Proposition 215, the Compassionate Use Act, was passed 12 years ago, yet still the DEA continues to raid clinics, and arrest patients, although the charges rarely stick.(more)

Marijuana for Pain Control

As early as 2727 B.C., marijuana has been known to have medicinal properties. The Chinese used it to treat rheumatic pain, constipation, and menstrual cramps. Until 1942, marijuana was available in the U.S. by prescription.

The fact is that marijuana relieves pain. The evidence is that, a study published in Neurology last year, found that cannabis provides substantial relief from HIV related nerve pain. This was a study done at the University of CA in San Francisco by Dr. Donald Abrams who has researched marijuana for over a decade. Over a period of 2 years, 55 patients smoked either a cannabis cigarette or a placebo cigarette. The placebo smokers reported an 11% reduction of pain while the pot smokers experienced a 34% reduction in their nerve pain. These results showed that marijuana may be an alternative treatment in patients who can’t tolerate or don’t respond to the standard medications. It is also a wake-up call for the government to allow further research into the therapeutic use of marijuana for other types of pain management.(more here)

Marc Emery should not be extradited

National Post Published: Monday, March 31, 2008

This editorial board has more than once presented its strongest moral case for the Canadian government to block the extradition of Marc Emery, the West Coast marijuana advocate who faces a possible life sentence south of the border for operating a mail-order seed business out of his Vancouver headquarters. It is our view that the differences in the two countries' handling of seed vendors make extraditing Emery a shameful abdication of judgment by the Canadian authorities.(more)