RSS Feed for this category

Drunk Reporter Debates Marijuana Legalization in a Bar

Ok, maybe she's just a little tipsy, but this is surreal either way:

Christian Science Monitor Advocates Teaching Kids to Support the Drug War

Pete Guither patiently sifted through all the nonsense in this epic anti-marijuana-legalization rant at Christian Science Monitor, so I'll just mention one quote from the article:

Maybe parents thought they left peer pressure behind when they graduated from high school. But the push to legalize marijuana is like the peer pressure of the schoolyard. The arguments are perhaps timely, but they don't stand up, and parents must now stand up to them.

They must let lawmakers know that legalization is not OK, and they must carry this message to their children, too.

That's right kids! The drug war is your best friend. If it wasn't for the drug war, that nice lady at school who collects your pee samples would be out of a job.

Of course, urging parents to warn their children against the horrors of legalization may sound utterly ridiculous, but it's actually perfectly ok with me. Go ahead, seriously. Tell them these laws are controversial. The sooner they learn to think critically about drug policy, the better.

The Worst Argument Against Medical Marijuana

NYT's Freakonomics Blog has a pro-con piece on marijuana decriminalization that includes this bizarre argument from USC professor Joel W. Hay:

There isn’t a shred of scientific evidence that marijuana is safe and effective for any medical condition. Moreover, THC, the active ingredient of pot, has been approved by the FDA and on the market in capsule form since 1985.

How could you even write something like that without seeing how silly it is? If we've been selling FDA-approved concentrated marijuana pills for almost 25 years, then there's really no question how "safe and effective" marijuana is. The fact that pills made of pure THC have been approved by FDA and sold legally for decades without incident is the best proof you could ever ask for that marijuana is remarkably safe.

What was he thinking when he wrote this?

Update: And, of course, the claim that there's no evidence of medical marijuana's safety and effectiveness is absurd. I wouldn't even know where to begin.

Press Release: Medical Marijuana Supporters Vow to Keep Fighting After Veto

Minnesota Cares logo

MAY 22, 2009

Medical Marijuana Supporters Vow to Keep Fighting After Veto

2010 Constitutional Amendment Likely

CONTACT: Former Rep. Chris DeLaForest (R-Andover)......................................................(763) 439-1178

ST. PAUL, MINNESOTA -- Supporters of medical marijuana legislation declared their intention to continue the fight to protect patients despite Gov. Tim Pawlenty's veto of the bill tonight, raising the possibility of a constitutional amendment on the 2010 ballot.

     Before passing the legislation, the House amended it to greatly narrow its scope. The ability of patients to grow their own medical marijuana was removed, and the bill was narrowed to cover only patients suffering from terminal illnesses.

     "I'm disappointed in the governor's action, but I'm not giving up," said Rep. Tom Rukavina (DFL-Virginia), sponsor of the House bill. "This would have been the narrowest, strictest medical marijuana law in the country, but the bottom line remains that there are patients suffering terribly who need protection, and I won't stop till they are protected."

     "For the governor to veto this legislation even after the House narrowed it so much that thousands of suffering patients would have been without protection is just unbelievably cruel," said Senate bill sponsor Sen. Steve Murphy (DFL-Red Wing). "Since the governor has refused to listen to reason or to the overwhelming majority of Minnesotans, we have no choice but to bypass him and take this directly to the people through a constitutional amendment."

     "The governor thinks I'm a criminal for allowing my daughter some comfort during the last months of her life," said Joni Whiting of Jordan, whose adult daughter's suffering was relieved by medical marijuana while she was undergoing treatment for the melanoma that eventually killed her. "I don't know how he sleeps at night, but I do know I'm not giving up until others in my daughter's situation are protected."

     Thirteen states, comprising approximately one-quarter of the U.S. population, now permit medical use of marijuana under state law if a physician has recommended it.


United States

Minn. governor vetos medical marijuana bill

Dear Friends:

Minnesota Gov. Tim Pawlenty (R) today vetoed the medical marijuana bill just passed by the Minnesota Legislature.

MPP has been lobbying in Minnesota for five years, pushing our medical marijuana bill closer and closer to passing. The Senate passed our bill on May 4, and on Monday, the House followed suit … the first time a medical marijuana bill has been debated on the floor of the Minnesota House in history.

However, because the governor had been threatening a veto, the House narrowed the scope of the bill, hoping to find common ground with the governor and start protecting Minnesota's patients from arrest and jail. The final version of the bill was watered down beyond what any medical marijuana advocates wanted to see — in its ultimate version protecting only terminally ill patients.

And yet disgustingly, the governor still vetoed it, while simultaneously claiming that he “has great empathy for the sick” … the same sick and dying people he has now sentenced to arrest and jail.

Disgusted? Me too.

It's not going to end here. Every recent poll shows that Minnesotans support medical marijuana by a 2-to-1 margin, and if the governor won't listen to them, we can bypass him entirely. In Minnesota, constitutional amendments bypass the governor and are instead ratified by voters after passing the legislature. We can lobby next year to pass a constitutional amendment for a comprehensive medical marijuana law that would appear on the state's November 2010 ballot.

But that would mean going from our lobbying campaign in the legislature — which was expensive but affordable — to a ballot initiative campaign, which would require statewide advertising, which is much more expensive. What do you think? Should we should stand up and fight? Taking the battle to the next level will cost more but would be the only way forward.

If you're outraged by the governor's cruelty and want to gird for the next stage of battle, can you help us show the governor and other prohibitionists like him that their time is past? We can win — just like we've won in other states  — but we need your help to do it.

Thank you,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.

United States

Cool "History of Weed" Video from Showtime "Weeds" Program

A precisely two minute YouTube ad for the Showtime program "Weeds" offers "A Brief History of Weed." The video begins with medical marijuana use documented in China in 2727 BC -- about 2,300 years too early for the Buddha image they use to represent it, but that's nitpicking. Flamethrower imagery at 1:06, representing the beginning of federal marijuana prohibition, is very effective, and post-Prop. 215 marijuana storefront footage is downright exciting. Check it out -- check out the Weeds season premiere on June 8th too. (Via The Daily Dish blog's "Cool Ad Watch.")

Medical Marijuana: Eddy Lepp Sentenced to 10 Years in Federal Prison

California medical marijuana grower, spiritualist, and activist Eddy Lepp was sentenced Monday to a mandatory minimum 10-year prison sentence on federal marijuana cultivation charges in a case where he grew more than 20,000 pot plants in plain view of a state highway in Northern California's Lake County. US District Court Judge Marilyn Patel also sentenced him to five years probation. He must report to federal authorities by July 6.
Eddy Lepp (courtesy
Lepp contended that the plants were a medical marijuana grow for members of the Multi Denominational Ministry of Cannabis and Rastafari and legal under California law. But during his trial, he was not allowed to introduce medical marijuana or religious defenses. He was found guilty of conspiracy to possess marijuana with the intent to distribute more than 1,000 pot plants and of cultivating more than 1,000 plants, which carries a maximum life sentence.

According to California NORML (CANORML) and the Santa Rosa Press-Democrat, there were gasps and sobs from Lepp supporters in the courtroom as Patel passed sentence. The sentence was "extreme," Patel conceded, but said her hands were tied by federal law.

In a nod toward the current turmoil over the status of federal prosecutions of medical marijuana providers, Judge Patel said Lepp could apply for a rehearing if the laws changed. Lepp and his attorneys plan to appeal the verdict and the sentence.

Lepp attorney Michael Hall told Patel the sentence was "incredible."

"Incredible is what the law requires," Patel responded, adding that legalizing marijuana appeared to be Lepp's driving passion. "Maybe you want to be a martyr for the cause," she said.

Sentencing Lepp, a 56-year-old veteran in ill health, to prison is a travesty and a waste, said supporters. "This case sadly illustrates the senselessness of federal marijuana laws," said CANORML's Dale Geiringer. "The last thing this country needs is more medical marijuana prisoners. Hopefully, we can change the law and get Eddy out of jail before he completes his sentence."

"Locking up Eddy Lepp serves no purpose and is a huge waste of life and scarce prison space," said Aaron Smith, California policy director of the Marijuana Policy Project. "The community would be a lot better served if we taxed and regulated California's $14 billion marijuana industry rather than continuing to incarcerate nonviolent people like Eddy, who are clearly of no danger to society."

Europe: Oslo Police Plan Crackdown on Hash Users, Buyers
Police in Norway's capital, Oslo, have announced a crackdown on hashish buyers as part of a broader crackdown on street drugs sales and use. Hash is peddled by street dealers in neighborhoods including Grønland and Grünerløkka along the Akerselva River, according to online scene reports.

The Scandinavian countries are among Europe's toughest when it comes to drug use and sales. In Norway, penalties for simple drug possession include fines and jail terms of up to six months. For sales, you're looking at two years, 10 years if the offense is "aggravated," 15 years if a "considerable quantity" is involved, and up to 21 years for "very aggravating circumstances."

Under the newly announced crackdown, police are warning that people caught buying hash for their own use face arrest, loss of drivers' license, heavy fines, and even custody rights over their children. Some offenders caught with small amounts of hash have already been fined up to $1,560, according to early reports.

Feature: Supreme Court Rejects Counties' Challenge to California's Medical Marijuana Law

The last serious challenge to California's medical marijuana law died an anticlimactic death Monday as the US Supreme Court refused to hear appeals from two California counties that rejected the law and argued it should be struck down as violating federal drug laws. The court rejected the appeals without comment.
US Supreme Court
San Diego and San Bernardino counties had challenged the legality of Proposition 215 and the 2004 Medical Marijuana Act implementing it, which required counties to issue identification cards to qualified patients. The two counties refused to issue the cards, arguing that to do so would place them in conflict with federal law. (Eight other California counties have also failed to issue ID cards, but did not join in the legal challenge.)

While medical marijuana patients are not required to have the state-issued cards, they are seen as a means of protecting patients, doctors, and providers from arbitrary arrest under state drug laws. Local activists, frustrated with the recalcitrant stands of their elected officials, threatened to sue San Diego County, but instead of responding to the demands of the citizenry, officials there and in San Bernardino County filed suit themselves, seeking a declaration that federal drug laws preempted California's medical marijuana laws.

The counties lost in California district court in San Diego and appealed to the state appeals courts. They lost there, too, with the California 4th District Court of Appeal ruling unanimously against them. "Congress does not have the authority to compel the states to direct their law enforcement to enforce federal laws," the appeals court opinion noted, ruling that the state medical marijuana law was not voided by federal drug laws.

The counties then went to the California Supreme Court, which refused to hear their appeal. Now, the US Supreme Court has followed suit.

This same US Supreme Court ruled in 2005 in Gonzalez v. Raich that the federal government did have authority over even the non-commercial personal use of medical marijuana, but it did not rule on whether state laws allowing for medical marijuana are void because they conflict with the federal Controlled Substances Act. It still hasn't, but its refusal to hear the counties appeal clears the way forward both in California and nationwide.

"No longer will local officials be able to hide behind federal law and resist upholding California's medical marijuana law," said Joe Elford, chief counsel for Americans for Safe Access (ASA), a national medical marijuana advocacy group, which represented patients in the county's lawsuit against the state. "The courts have made clear that federal law does not preempt California's medical marijuana law and that local officials must comply with that law."

"The Supreme Court's order marks a significant victory for medical marijuana patients and advocates nationwide," said Graham Boyd, director of the ACLU Drug Law Reform Project, which also represented San Diego patients in the case. "This case struck at the core of the contentious intersection between state and federal medical marijuana policy, and, once again, it is clear that state medical marijuana laws are fully valid. Coupled with the Department of Justice's recent pronouncements that the agency will respect state medical marijuana laws, the Court's order leaves ample room for states to move forward with enacting and implementing independent medical marijuana policies."

"There is no longer any question that California officials must comply with state medical marijuana laws, that they can't use federal law as an excuse to subvert the will of the voters and the legislature," said Daniel Abrahamson, director of legal affairs for the Drug Policy Alliance (DPA). "As a result, stonewalling by a handful of hold-out counties will end, and medical marijuana patients statewide will receive the protections they are entitled to."

"The Supreme Court and the lower courts in California have blown away the myth that federal law somehow prevents states from legalizing medical marijuana," said Marijuana Policy Project (MPP) executive director Rob Kampia. "Opponents can no longer hide behind federal law in order to excuse their war on medical marijuana patients."

DPA's California state director, Stephen Gutwillig, took it a bit further. "The US Supreme court is reaffirming a basic principle of our democracy that states can establish and enforce drug laws that don't conform to federal law," he said. "The Supreme Court's action sets the stage for California to end decades of wasteful and ineffective marijuana laws that ensnare tens of thousands of people every year. Federal prohibition is no obstacle to eliminating California's arcane pot laws."
California medical marijuana bags (courtesy Daniel Argo via Wikimedia)
"The court has flattened the last faint justification for counties refusing to issue ID cards to legally qualified medical marijuana patients," said California policy director Aaron Smith. "We expect all counties that have delayed issuing cards to start following the law immediately and stop putting patients at needless risk. It's time for San Diego and San Bernardino Counties to end their war on the sick and obey the law," Smith said. "And taxpayers should hold to account the irresponsible officials who wasted their tax dollars on frivolous litigation."

County supervisors in both counties signaled this week that even if they weren't prepared to follow the will of the voters, they will heed the direction of the courts. "The case is officially over," San Diego County Supervisor Pam Slater-Price told the San Diego Union-Tribune Tuesday. "It is incumbent on us now to proceed with issuing medical marijuana ID cards, after we hear from our staff on appropriate guidelines."

Slater-Price had joined supervisors Dianne Jacob and Bill Horn in voting not to issue ID cards and again to pursue the case to the US Supreme Court after it lost in the state courts. The other two were still grumbling.

"I am disappointed the court did not take our case, but I am respectful of the court's decision," said Jacob. "We were seeking a definitive ruling, in writing, that would resolve the conflict between state and federal law. In my opinion, there remains a gray area that will continue to pose challenges for law enforcement and users."

Horn said he would abide by court rulings, but complained that the high court refused to hear the case. "It's still an issue I wish they would have heard," he said.

Meanwhile, in San Bernardino County, Supervisor Josie Gonzales told a group of medical marijuana supporters she is ready to support the issuing of ID cards now. "I've long been a supporter of medical marijuana," she said.

Feature: Minnesota Legislature Passes Medical Marijuana Bill, But Veto Looms

After accepting amendments that significantly narrowed the scope of the medical marijuana legislation before it, the Minnesota legislature passed the bill, SF 97, Monday night. But Republican Gov. Tim Pawlenty has vowed to veto the bill, an act which has probably occurred by the time you read these words.
Minneapolis patient Lynn Rubenstein Nicholson, Minnesotans for Compassionate Care ad
If, as promised, Pawlenty does veto the bill, proponents are not giving up. Instead, they are pondering another shot in the legislature next year, and if Pawlenty remains immune to compromise, they may instead seek a constitutional amendment next year, which would bypass the governor, taking the measure directly to the voters once it passes the legislature again.

The House passed its version of the bill Monday night on a 70-64 vote. The Senate, which had approved its version of the bill last month, accepted the House version, passing it on a 38-28 vote. The vote was largely along party lines, with most Republicans opposing and most Democratic Farm Labor (DFL) members supporting the bill. In neither chamber was the margin of victory large enough to overcome a veto.

The votes came after a day of rancorous debate Monday. Hoping to address law enforcement concerns cited by Pawlenty, the House accepted amendments limiting medical marijuana to terminally ill patients (even excluding cancer patients undergoing chemotherapy) and removing the ability for patients to grow their own plants.

But that wasn't enough for some opponents of the measure. "It is absolutely wrong to refer to this as medical. It is wrong to use the pain and discomfort of sick people to sell this bill," said Rep. Steve Gottwalt (R-St. Cloud).

"The bill will be vetoed no matter what form it leaves here. I'm not willing to give up the war on drugs. If we leave this war more people are going to get sick and die," vowed Rep. Tony Cornish (R-Good Thunder).

If such comments are a normal part of the legislative debate, Rep. Tom Emmer (R-Delano) crossed a line with some of his colleagues. Emmer offered a series of snickering amendments that enraged supporters and led to a heated exchange. One amendment he offered would remove every reference to the words "medical marijuana" and replace it with the word "pot."
Minnesota State Capitol
"We are not talking about medicine. We are not talking about marijuana. Let's call it what it is: 'pot,'" Emmer said. "It is a gateway drug and it has very serious and real physical impact. All we are doing here is legalizing marijuana." He added, "Let's not send the kind of message to the children of the state that marijuana is OK."

One of the bill's authors, Rep. Tom Rukavina (DFL-Virginia), reacted angrily. "It might be cute, but the testimony of the families of people who were helped by medical marijuana are very moving," he said, speaking directly to Emmer. "I don't know if you are trying to be cute, but I think your amendment stinks and I would urge members to vote against it."

"You should be ashamed of yourself," said Rep. Thomas Huntley (DFL-Duluth), recalling the struggles his own family members had with cancer.

Even a Republican colleague chastised Emmer. "We have a very serious issue in front of us," said Rep. Mark Buesgens (R-Jordan). "We are talking about the quality of people's lives at the end of their lives, the sickest of the sick," he said. "It's not a matter we should be joking about on the House floor."

Emmer responded angrily to his critics. "I didn't bring this here to be cute, to make a mockery," he shouted. "You are taking a drug that has serious consequences for young people in the country, so before you start mocking me for doing what I think is right, think about that! This is no joke!"

The "pot" motion failed, but on a roll, Emmer then offered two more amendments, one to remove the word "medical" from the bill and one to replace "medical marijuana" with "authorized marijuana." Those two amendments also failed.

Now, the measure is in the hands of Gov. Pawlenty, who has consistently said he shared law enforcement's concerns about rising crime and drug use if the measure passed. At a Tuesday afternoon press conference, he announced that he would veto the bill. Then he added, "I have great empathy for patients."

"What he said about empathy for the sick is just a lie," said Bruce Mirken, communications director for the Marijuana Policy Project, whose state affiliate, Minnesotans for Compassionate Care, led the fight for the bill's passage. "You don't show empathy for the sick by throwing them in jail while they're dying."

Overriding a veto isn't a "realistic option," said former Republican state representative Chris DeLaForest, lobbyist for Minnesotans for Compassionate Care. "The votes aren't there."

But the effort will continue next year. "We could come back next session and pass it again and try to address Pawlenty's concerns," said DeLaForest. "I'm always optimistic," he said diplomatically. "The legislature doesn't reconvene until February. There's time to work in the interim."

Pawlenty's refusal to sign onto even the watered down version of the bill that finally passed the legislature suggests his stated reasons for opposing it are questionable, said Mirken. "This bill was narrowed down so drastically that even the flimsiest pretexts that he and law enforcement used have evaporated," he said. "They said it would be rife with abuse, but this bill as passed is limited to terminal patients who would have to get their marijuana from a state-licensed dispensary. A lot of suffering and deserving patients would have been left out, but in regards to a coherent reason to veto this, there is none."

Pawlenty is being talked about as a potential 2012 Republican presidential candidate, Mirken noted. "One can only assume that this veto is about politics," he said. "This is a guy with political ambitions who thinks he needs to stay on the right side of law enforcement to advance his career. It's a shame he is willing to sacrifice patients on the altar of his ambition."

Blocked by a recalcitrant governor, Minnesota medical marijuana proponents are considering an end run around him next year. Under Minnesota law, the legislature can bypass the governor by voting for a constitutional amendment to allow medical marijuana use. If such a measure passes the legislature, it would then go directly to a popular vote. With support for medical marijuana at high levels in Minnesota, proponents believe the measure would pass.

If DeLaForest is optimistic, he's also pragmatic. Noting that Pawlenty has proven immune to even the most tightly drawn legislation, DeLaForest said a constitutional amendment was a possibility. "That would be drafted in bill form and would have to pass the legislature, but the governor is essentially written out of the process," he said. "It goes directly onto the ballot for our next election, and medical marijuana is polling at 64% here."

"We have indications that some of our legislative supporters are willing to go that route," said Mirken. "We would certainly support a constitutional amendment at this point. It's sad that we have to, but if that's what it takes, that's what it takes."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School