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Portland (ME) Greens in Marijuana Legalization Referendum

There is a marijuana legalization bill pending in the Maine legislature, but some activists in the state's largest city aren't waiting for elected officials to get the ball rolling. The Portland Green Independent Committee was set to deliver a request for a municipal legalization petition drive at the city clerk's office late last week.

"We are still waiting to hear back from corporation counsel," committee chair Tom MacMillan told the Portland Daily Sun. "We are going to begin collecting signatures soon on a citizens' initiative to legalize marijuana in the city of Portland."

Once the clerk certifies the petition, organizers will have 180 days to gather 1,500 valid voter signatures. If the signatures are approved, a citywide vote could happen as early as November.

The final language has yet to be approved, but the Greens are expected to call for the legalization of the possession of up to 2 ½ ounces, as well as the possession of pot-smoking paraphernalia. Under current Maine law, possession of up to 1 ¼ ounces is decriminalized, punishable as a civil infraction with a maximum fine of $250.

While Rep. Diane Russell (D-Portland) has prefiled a legalization bill (LR-21), the Greens aren't counting on it passing this year, and they aren't waiting to find out if it does.

"Any progress that we've seen on this has come from voters," Green Independent city councilor David Marshall told the Portland Press Herald Tuesday. And while Maine already has decriminalization, "It's still a crime. It still affects people's lives."

The timeline now is up to city officials, the Greens said. "We should probably see some of those petitions on the streets next week," Marshall predicted.

Portland, ME
United States

Medical Marijuana Update

Legislatures are in session across the land, and that's reflected in our update this week. Bills are moving, generally, though not always in the right direction. Meanwhile, Arkansas looks ahead to 2014, and Oakland wants back in the Harborside case. Let's get to it:

Arkansas

Last Monday, activists submitted a medical marijuana ballot initiative to the state attorney general's office. Arkansans for Medical Cannabis plans to try again in 2014 after their 2012 initiative surprised just about everybody by coming up just short with 49% of the vote.

California

Last Wednesday, the city of Oakland filed notice that it will appeal a federal magistrate's decision to dismiss its lawsuit in support of Harborside Health Center in its ongoing battle with the federal government. Oakland sued after federal prosecutors moved to seize the property where Harborside is located.

Also last Wednesday, Butte County prosecutors dropped charges against a dispensary operator in the wake of Fourth District Court of Appeal's reversal of the conviction of San Diego dispensary operator Jovan Jackson. That decision held that members of a collective do not need to actually work growing plants. Prosecutors said they were dropping a case against dispensary operator Rick Tognoli because the Jackson ruling "has made it almost impossible to prosecute dispensaries that are disguised as collectives and making supposedly no profit."

Hawaii

On Tuesday, the House passed two medical marijuana bills. House Bills 667 and 668 are designed to improve the state's existing medical marijuana program. They now go before the state Senate.

Iowa

On Monday, a medical marijuana bill was pronounced dead even though it was approved by a Senate subcommittee. The chairman of the subcommittee, Sen. Joe Bolkom (D-Iowa City), said the bill is unlikely to advance because it lacks support in the full committee. A similar bill was rejected by a House subcommittee earlier this session.

Illinois

On Wednesday, a medical marijuana bill won a House committee vote. The bill, House Bill 1, passed the House Health and Human Services Committee on an 11-4 vote and now goes before the full House. Qualified patients would be able to obtain marijuana from one of up to 60 dispensaries, which would acquire marijuana from up to 22 cultivation centers. The Illinois Department of Agriculture, Department of Health, and Department of Financial & Professional Regulation would regulate the cultivation, acquisition, and distribution of marijuana.

Montana

Last Thursday, two minor players in a dispensary were sentenced to time served by a federal judge. Doran Leslie Hewitt had kept patient records and Travis Birdinground had delivered medical marijuana to patients. They had worked for Eastern Montana Cannabis. The judge in the case has sentenced all five Eastern Montana Cannabis defendants to terms shorter than the federal guideline ranges.

New Jersey

On Monday, a Senate committee approved a bill to protect medical marijuana patients on organ transplant lists. The bill would ensure that a person's use of medical marijuana would not prohibit him from receiving needed medical care, including organ transplants. It was approved by the Senate Health, Human Services and Senior Citizens Committee. The bill, S-1220, would provide that a registered, qualifying patient's authorized use of medical marijuana would be considered equivalent to using other prescribed medication rather than an illicit substance and therefore would not disqualify the person from needed medical care, such as an organ transplant. It now heads to floor vote in the Senate.

Oregon

Last Thursday, a bill that would add PTSD to the list of qualifying debilitating medical conditions passed the Senate Health and Healthcare Committee. It now goes before the Senate Judiciary Committee. Senate Bill 281 passed out of committee on a 4-1 vote.

More Overreaching Arguments Against Marijuana Legalization by DEA Chiefs and the UN

Colorado billboard, 2012
The International Narcotics Control Board, a UN agency, and eight former DEA administrators came out swinging this week against marijuana legalization in Colorado and Washington. The INCB says the state laws violate UN treaties. The DEA chiefs want the Obama administration to sue to block the laws.

Both of those positions may be overreaches. It's true that federal marijuana legalization would require revision of the drug treaties, if the US is not to be in violation of them (or for the US to do what Bolivia did by withdrawing and then rejoining "with reservations"). Legalization by Congress even just within states that have enacted it is also a likely treaty issue. But Colorado and Washington aren't parties to the treaties, and federal law remains in force within those states. The states have simply ceased to contribute their own resources to a part of the prohibition program. Under our federal system they very probably have the legal right to do so.

And that is why the DEA chiefs have overreached as well. When one says that federal law is supreme in this area, it means that federal agents can use the powers they have to bring criminal or civil actions against marijuana users or sellers, despite the passage of state laws -- the Raich case decided that for medical marijuana, for reasons that would seem to apply to fully legalized marijuana too. But that doesn't mean the states have to help them. We have a federal system. As I've pointed out previously, no federal prosecutor in 16 years of state medical marijuana laws has ever argued in court that the states can't have those laws on their books. Clearly they've had incentive to do so, if they thought they could win that way.

I don't argue that we know for sure how these points will come out if they are adjudicated -- it is new legal territory. But most legal scholars seem to think a preemption ruling would be a long shot outcome. So that is how it looks to me.

[If you haven't already, please order the two recent reports, from the Cato Institute and the London School of Economics, addressing these two very issues -- available in harcopy on our web site for a small donation.]

Slim Majority Favors Marijuana Legalization in California Poll

A Field poll of California voters released Wednesday had support for marijuana legalization at 54%, the highest number ever for a Field poll. Only 43% opposed legalization. The same poll reported that two-thirds of Californians want the federal government to end its crackdown on medical marijuana providers.

While the 54% in favor of legalization is the highest ever for Field, it is not high enough to make potential initiative organizers or contributors feel sanguine. The conventional wisdom about initiative experts is that they should be polling at 60% or above at the beginning of the campaign. However, it will be a few years before Californians are likely to vote on legalization again, and support for legalization has only continued to increase in recent years.

Proposition 19 in 2010 typically polled in the 50s in the run-up to the election last year before losing on election day with 47% of the vote. That year, the final Field poll to ask about marijuana legalization, four months ahead of the election, had support at 50%, but as is typical in initiative campaigns, support wavered at the end.

This week's Field poll found support for legalization at 60% or above for San Francisco Bay Area residents (66%), single people (64%), men (62%), voters under 40 (60%), and African- and Asian-Americans (60%).

Support was lowest among Latinos (41%), Republicans (42%), voters 65 and older (43%), and women (46%).

Californians strongly support their medical marijuana system, the poll found. In addition to the 67% calling on the federal government to end its crackdown, 72% said they favor the state's medical marijuana law. That figure, however, was down two points from 2004 and 2010 Field polls.

Some 58% of respondents would allow dispensaries in their communities. Support for dispensaries was highest in the Bay Area (65%) and lowest in "other Southern California" (San Diego, the Inland Empire and Central Valley).

CA
United States

Medical Marijuana Update

From the village board to the halls of Congress, medical marijuana is popping up all over. And there's action at various state houses, too. Let's get to it:

National

Last weekend, Americans for Safe Access hosted the National Medical Cannabis Unity Conference in Washington, DC. The conference featured numerous panelists, as well as lobbying on Capitol Hill.

On Monday, Rep. Earl Blumenauer (D-OR) introduced the States' Medical Marijuana Patients Protection Act (House Resolution 689) at a press conference surrounded by attendees at the National Medical Cannabis Unity Conference. The bill would get the federal government out of states where medical marijuana is legal.

Arizona

Last Thursday, an unapproved dispensary was shut down in Kingman and its proprietors arrested on a variety of marijuana-related and weapons charges. Police seized several pounds of marijuana, $7,000 in cash, and a shotgun.

California

Earlier this month, Shasta County moved a lawsuit filed against it by a medical marijuana collective from state to federal court, and the attorney representing county supervisors has already filed a motion there to dismiss it. The Medicine Man Collective Spiritual Center Corporation sued in state Superior Court in January, naming the supervisors, the county sheriff, and three deputies as defendants. The suit charges that the county conspired to deprive the collective of its contractual, constitutional and state rights by enacting a ban on dispensaries. The collective closed its Main Street doors in May 2011 after being evicted following implementation of the ban in 2010 and its finalization the following year.

Last Thursday, the LA city council voted to approve a third dispensary measure for the May ballot. This third measure is the council's own and would allow about 100 dispensaries to stay open, restrict them from locating near schools and churches, and increase taxes on them. One of the other measures would allow a similar number of dispensaries to stay open, while the other would allow most of the hundreds of currently existing dispensaries to stay open. The initiatives come after the council tried to impose a total ban last year.

On Tuesday, Butte County supervisors adopted a cultivation ordinance. The measure prohibits outdoor marijuana gardens on lots smaller than 0.5 acre. It allows up to 12 plants (six mature and six immature) on parcels larger than 0.5 acre but smaller than 1.5 acre. On parcels smaller than 3 acres, 36 plants (18 mature and 18 immature) are allowed. The total allowable number of plants tops out at 99 on property larger than 40 acres. The gardens have set-back requirements that increase as the lots grow, and the plants have to be screened from view with fencing. Grows are prohibited within 1,000 feet of schools and parks. The growers have to be able to prove they have been county residents for a year, and there has to be written proof the landowner is aware of the garden and approves of its existence. The ordinance allows  indoor gardens in free-standing buildings of 120 square feet on lots anywhere in county jurisdiction.

Florida

On Tuesday, a statewide poll had support for medical marijuana at 69%. The poll showed strong support among Democrats and independents and even among Republicans, 56% of whom said they supported marijuana. The poll comes as its sponsor, People United for Medical Marijuana, pushes for medical marijuana to come to the Sunshine State.

On Wednesday, a medical marijuana bill was filed. The bill is Senate Bill 1250.

Iowa

On Sunday, a statewide poll found that 58% support legalizing medical marijuana. That's down six points from a similar poll in 2010. The poll comes as the Iowa legislature considers medical marijuana bills.

Massachusetts

On Tuesday, the Westborough Board of Health supported zoning for dispensaries. The board did not reach agreement on whether Westborough should ban dispensaries or whether to zone or ban home grows for medical use. The town planning board has already proposed a zoning bylaw that would ban both dispensaries and home grows. It goes before voters at the annual town meeting on March 16.

Montana

Last Thursday, two more medical marijuana providers were sentenced to federal prison terms. Ross Pattison and Brandon Strecker were partners in Eastern Montana Cannabis. Pattison got 20 months and Strecker got a year and a day. They are only the latest Montana medical marijuana providers to be sent to federal prison after a spring 2011 crackdown by the DEA and the Justice Department.

Nevada

Last Friday, legislators held a hearing on problems with access to medical marijuana. During the Senate Judiciary Committee hearing, members acknowledged that it is almost impossible for the state's 3,600 card holders to acquire their medicine. Sen. Tick Segerblom (D-Las Vegas) said after the hearing that he soon will introduce a bill to set up a regulated system where marijuana is grown at farms and then distributed and taxed through licensed dispensaries.

New Hampshire

Last Thursday, a House committee held a hearing on a pending medical marijuana bill. The bill, House Bill 573, would allow patients to grow up to four plants or obtain their medicine through one of five state-licensed dispensaries. Similar bills have twice passed the legislature since 2007, only to be vetoed by then-Gov. John Lynch (D). New Gov. Maggie Hassan (D) supported the bills as a legislator, but has expressed concerns that the system be tightly regulated.

Oklahoma

On Monday, a medical marijuana bill died in the legislature. The bill, Senate Bill 710, would have allowed patients to possess up to eight ounces and grow up to 12 plants. It would also have allowed state-sanctioned collectives. It was killed in the Senate Health and Human Services Committee after members heard testimony. The bill was defeated 6-2 in a party line vote.

Washington

On Monday, the Spokane city council approved a six-month moratorium on new dispensaries. The council feared a proliferation of marijuana businesses before the state finishes writing its rules for legal non-medical marijuana commerce. Spokane currently has about a dozen dispensaries.

Federal Marijuana Reform Bills Introduced [FEATURE]

Two Democratic congressmen announced Tuesday that they are introducing legislation to reform federal marijuana policy. In a joint press conference that also included representatives of drug reform groups, Reps. Earl Blumenauer (D-OR) and Jared Polis (D-CO) announced two separate bills aimed at addressing the looming clash between intransigent federal marijuana policies and states that have or likely will legalize marijuana. And more bills are pending, they said.

http://stopthedrugwar.org/files/blumenauer-polis-275px.jpg
Earl Blumenauer and Jared Polis
Blumenauer and Polis also released a report entitled "The Path Forward: Rethinking Federal Marijuana Policy," which outlines their perspective on marijuana policy and provides some background on regulation and opportunities for action. The congressmen have also established the Sensible Drug Policy Working Group, which will provide a forum for members of Congress who are working on related issues and hope to advance legislation.

Polis's Ending Federal Marijuana Prohibition Act would remove the DEA's authority over marijuana, end federal marijuana prohibition, and leave it to the states to decide whether to prohibit marijuana or not. Blumenauer's Marijuana Tax Equity Act, House Bill 501, would create a federal excise tax on marijuana similar to those imposed on alcohol and tobacco. Taken together, the two bills would provide for a system of marijuana regulation and taxation in states where it is legal.

More specifically, Polis's bill would:

  • Remove marijuana from the Controlled Substances Act;
  • Transfer the Drug Enforcement Administration’s authority to regulate marijuana to a newly renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms, which will be tasked with regulating marijuana as it currently does alcohol;
  • Require marijuana producers to purchase a permit, as commercial alcohol producers do, of which the proceeds would offset the cost of federal oversight; and
  • Ensure federal law distinguishes between individuals who grow marijuana for personal use and those involved in commercial sale and distribution.

Blumenauer's bill would:

  • Impose a 50% excise tax on the first sale of marijuana, from the producer to the next stage of production, usually the processor;
  • Impose an occupational tax similar to those in the tobacco and alcohol industries on those operating in marijuana, with producers, importers and manufacturers facing an occupation tax of $1,000 per year and any other person engaged in the business facing an annual tax of $500 per year;
  • Impose civil penalties for failure to comply with taxing duties. Criminal penalties will be assessed for intentional efforts to defraud the taxing authorities; and
  • Require the IRS to produce a study of the industry after two years, and every five years after that, and to issue recommendations to Congress to continue improving the administration of the tax.

The time has come for marijuana law reform at the federal level, the two congressmen said.

"There has been an enormous evolution of American opinion on marijuana. Americans are sick and tired of the costs of marijuana prohibition, whether it’s the financial costs or the human costs. Americans are saying enough is enough, let's try a new policy. We need to address drug use as a public health issue, not a criminal justice one," said Polis.

"My bill doesn't affect the legal status of marijuana where it is currently illegal," the Colorado congressman explained, "but it does allow states that have created either a legalized and regulated scheme for sales or that have medical marijuana laws to operate, without the constant fear that the federal government and the DEA and the other agencies will prosecute patients or businesses that are fully legal under state law. This is an idea whose time has come."

"Forty years ago, as a freshman member of the Oregon legislature, I was able to vote to make Oregon the first state to decriminalize the possession of small amounts of marijuana," said Blumenauer. "Since then, 14 states have joined Oregon, and after California legalized medical marijuana in 1996, we now have 19 jurisdictions that have authorized it, and we now have the first two states that have legalized marijuana for recreational use."

The Oregon congressman added that he and Polis are working with a bipartisan group of representatives and that up to eight or 10 marijuana reform bills could be introduced this session.

"We're looking at antiquated and sometimes nonsensical federal laws and policies to try to get us on a path that is less expensive, more productive, more fair, and more in tune with where America is going," Blumenauer said. "We arrested two-thirds of a million people in 2011 for a substance most people think should be legal. The president said he has bigger fish to fry, but there are still people further down the federal food chain frying those fish."

"This is a very exciting day," said Bill Piper, director of national affairs for the Drug Policy Alliance. "Last November, voters in Colorado and Washington made history, and the polling shows that a majority of Americans now support legalizing marijuana. There is no doubt more states will legalize in the years to come. This is the beginning of the end of marijuana prohibition."

"We were a primary backer of Amendment 64 in Colorado, which directed the state to regulate marijuana in a manner similar to alcohol," said Steve Fox, director of government relations for the Marijuana Policy Project. "That's how we believe it should be treated, and we look forward to working with Reps. Polis and Blumenauer to see that this legislation is eventually passed by Congress."

If not this year, then soon, the congressmen said.

"There is growing support for this bill," Polis argued. "There has really been a sea change; we saw test votes in the last Congress for defunding the DEA and other things, and saw very strong support, and that will only increase over time. Congress is frequently a lagging indicator for public opinion; it’s a question of Congress catching up."

"This is the beginning, not the end," said Blumenauer. "My bill is a first step and we anticipate some give and take, but this will be gaining momentum.  We've got legislation here today to get the ball rolling, but there will be more that you will be hearing about in the days ahead."

"It's clear that we've reached a tipping point," said Piper. "Major changes are going to happen and are happening now. The American people are demanding reform, and members of Congress are starting to give it to them."

Washington, DC
United States

Look Out, New York, It's Credico For Mayor! [FEATURE]

New York City has earned itself the sobriquet of Marijuana Arrest Capital of the World, with tens of thousands of minor pot possession arrests every year -- mostly of young men of color -- generated in good part by the city's equally infamous stop-and-frisk policing, again aimed primarily at the city's young and non-white residents. There's a man running an outsider campaign for the mayor's office there this year who wants to end all that.

Randy Credico during 2010 Senate campaign
Veteran Big Apple civil rights, social justice, Occupy Wall Street (OWS), and drug reform activist Randy Credico, who also doubles as a professional comedian, is mounting an insurgent campaign for the Democratic Party mayoral nomination, and he wants to end the city's drug war and a whole lot more, and he wants to do it now.

The inventively funny, yet deadly serious, agitprop artist has an ambitious 17-point program for his first day in office, with promises that range from going after "the biggest criminals in our city" -- the Wall Street bankers -- and reforming the city's tax code to favor the poor to rolling back privatization of city schools and reforming various city agencies.

But just beneath banksters and taxes is a vow to begin reining in the NYPD by firing Police Commissioner Ray Kelly (to be replaced with Frank Serpico) and "abolishing the NYPD’s unconstitutional policies of racial profiling, stop and frisk, domestic spying, entrapment, and its infamous (albeit unadmitted) 'quota system.'"

Central to that policing reform plank, Credico says, is reclassifying the smoking and carrying of marijuana as no longer an arrestable offense. He also vows to fire any officer who lies or perjures himself on the stand, and to bar the use of "no-knock" warrants and stun grenades "except in the case of legitimate terrorist attack."

And he wants to replace the city's Special Narcotics Office with a Harm Reduction Office, whose leadership he has offered to Drug Policy Alliance head Ethan Nadelmann. He also vows to shut down the Rikers Island prison and turn it into a treatment center and education facility with a state of the art library, and to nominate law professor Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Color-blindness, to run it.

That's quite a tall order for a first day in office, but Credico says he's up for it.

"I plan to stay up for 24 hours and get all that stuff done," he told the Chronicle.

Of course, first he has to win the Democratic Party nomination and then win the general election, and that's a pretty tall order, too. There is a bevy of candidates (polling data at the link as well) running for a shot at the prestigious post, and he is facing stiff establishment opposition in the primary, most notably from Public Advocate Bill de Blasio and the as yet officially undeclared city council Speaker Christine Quinn, who leads the other Democrats in early polls, but is in a close race with "undecided."

The Republican race includes a handful of announced or potential candidates led by former Metropolitan Transit Authority head Joseph Lhota (who still trails "undecided" by a large margin) and NYPD Commissioner Ray Kelly, who is as yet unannounced. The Libertarians may also field a candidate this year, possibly former "Manhattan madam" and gubernatorial candidate Kristin Davis, and we can't forget the Rent Is Too Damn High Party, either.

"The GOP has a rich guy who just jumped in, and the Democrats have a six-pack of hacks, all getting money from the real estate interests and Wall Street and none of whom will talk about the issues," Credico explained. "The Democrats are all doing the Schumer act -- just talking about the middle class, not the poor, the homeless, the division between the rich and poor, not about drug policy. This city is virtually a police state right now."

Credico has a remedy for that: Elect him.

"I will get rid of Police Commissioner Ray Kelly, who is a combination of J. Edgar Hoover and Joseph Fouche, Napoleon's dreaded head of the secret police. Everyone is afraid of him. He's got the Red Squads going; they were infiltrating groups at Occupy Wall Street. Kelly is doing all these joint operations with the feds under the guise of fighting terrorism, and this city is crawling with undercover cops -- FBI, DEA, AFT, all running joint task forces with the NYPD. They've foiled 14 plots, all hatched by the NYPD. Ray Kelly has way too much power," the veteran activist said flatly.

"There is a lot of money not only in the prison industrial complex, but also the police industrial complex," Credico noted. "They have asset forfeiture and lots of new schemes, tons of undercover agents, who are really there to beat up on the black community. They infiltrate, demonize, and destroy lives, and this has to stop."

Credico has been active in the Occupy Wall Street moving, having been arrested five times by the NYPD, but before that, he was active in the city's minority communities for years, working to reform the Rockefeller drug laws with the William Moses Kunstler Fund for Racial Justice (in between stints flying out to Tulia, Texas, to deal with the bogus mass arrests of black men on drug charges there), and fighting stop-and-frisk. He currently is taking time out of his days to attend hearings in the criminal trial of the NYPD officer who shot and killed unarmed 18-year-old Ramarley Graham in his own bathroom as he was flushing a bag of weed down the toilet.

"I go to every one of the court dates and sit right next to his mother," he said. "This cop invaded Ramarley's house and shot him in the head for weed, but it's not an isolated incident. No cops go to jail for killing a black person, but a spit on a cop and you can go to jail for years. This is just one cop -- and he's like the Lt. Calley of the NYPD. [Editor's Note: Calley was the sole US Army officer convicted of a crime in the Vietnam War My Lai massacre.] It's not an isolated incident; it's the policy, the same policy that killed Ramarley Graham and Sean Bell and Amador Diallou. So many people have been killed by the NYPD, and it's not just the guys on the street; it's a brutal force."

Marijuana could also be a wedge issue for him, Credico said.

"I'm a committed pot smoker, and I think it should be legal, and I'm the only candidate saying it should be legal. Of course, it's up to the state legislature to do that, but I would direct the NYPD not to enforce those laws and particularly not to arrest anyone."

Under current state law, pot possession is decriminalized, but beginning with Mayor Rudy Giuliani, the NYPD had a policy of turning what should have been tickets for possession into misdemeanors by either reaching in someone's pocket and removing the baggie or intimidating the person into revealing it himself, thus elevating the offense from an infraction to the misdemeanor of "public possession." Under increasing pressure over the tactic, Commissioner Kelly last year issued an order for it to stop, and arrests have declined somewhat, but still remain at unacceptably high levels.

In 2011, there were some 50,000 marijuana possession arrests in the city, nearly 80% of them of people of color. Nearly one-quarter (12,000) were youth aged 16 to 19, and of those, 94% had no prior criminal records.

And it's not just marijuana, Credico said.

"There should be no more prosecutions for drug possession," he said. "They should be going after the real criminals, the guys on Wall Street. They don't have to go up to Harlem and Washington Heights, the real big barracudas are right down here."

The city's criminal justice system is rotten to the core, he said.

"This is like Tulia, this is like the South," he moaned. "The criminal justice system here is a black box where blacks and Latinos go in and disappear into the penal system. The cops are white, the judges are white, the prosecutors are white -- only the Bronx has a rainbow coalition of prosecutors -- the rest are white, and they're going after black people in this city."

Many of those busted ended up in Rikers Island or the Tombs, often after first spending hours or days crammed into precinct holding cells.

"Rikers Island is like Alcatraz for poor people on minor drug offenses," said Credico. "It's all Mickey Mouse; there's no Hannibal Lectors there. They need to turn it into a university for poor people. And no one is talking about the Tombs. I've been there. There are lots of junkies in there going through withdrawals, filthy toilets, people penned in like cattle. No one will talk about that, or about the hundreds of precincts with their holding cells."

Unsurprisingly, Credico doesn't think much of his establishment opposition.

"Christine Quinn is Bloomberg in drag wearing a red wig," he declared, "and de Blasio supported stop-and-frisk. He was also Hillary's hit man when she was running for the Senate, and derailed Grandpa Munster Al Lewis's campaign then."

Lhota, who has recently made noises about legalizing marijuana, "looks like a weed head," Credico snorted. "But I actually smoke it."

Now, Credico has to go through the process of qualifying as a Democratic candidate, smiting his foes within the party, and then taking on the Republican challenger in the general election. His first official campaign task will be to complete a month-long signature-gathering drive in late spring to qualify for the primary.

"I'll be on talk shows -- people all over the place are asking for interviews -- making some ads and some YouTube videos, and they'll be interesting and funny. It will be a very entertaining campaign. We have buttons coming out soon, we have the web site, there are people who will be putting ads in the Nation," he explained.

"Drug reformers are interested in my campaign, and I've got tons of volunteers from the stop-and-frisk campaigns and people from OWS," he said. "I'm getting a lot of attention right now."

Credico, of course, is a long-shot, but even if he doesn't become the next mayor of New York, to the degree that his campaign shines a light on the problems in the city's criminal justice system and forces other candidates to address them, he will be judged a success.

(This article 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.)

New York City, NY
United States

Medical Marijuana Update

The agonizingly slow pace of implementing medical marijuana laws is causing problems in several states, while in California, the never-ending battles continue. Let's get to it:

Arizona

Last Thursday, dispensary operators asked lawmakers to crack down on compassion clubs, unregulated businesses that seek a "fee" from patients who seek to obtain medical marijuana. There are no provisions for the clubs in the Arizona Medical Marijuana Act, but they have popped up statewide as patients waited for the opening of dispensaries, which were delayed because of prolonged legal battles between medical marijuana advocates and recalcitrant state and county officials. At a news conference outside the State Capitol, dispensary owners and medical marijuana patients joined with advocates to ask that police, prosecutors and legislators target the unregulated clubs so patients receive their medication in a controlled and secure environment.

Last Friday, Maricopa County appealed to the state Supreme Court to decide whether federal drug laws preempt the state's medical marijuana law. The move comes after a Maricopa County Superior Court judge ruled last month that federal drug laws don't stand in the way of public officials implementing Arizona's law.

On Tuesday, Tempe police raided two compassion clubs, arresting the owner. The cops hit Top Shelf Hydro College after purchasing "large amounts" of marijuana there. The name of the other club wasn't mentioned. The clubs are not permitted under state law, but have sprung up as advocates became frustrated waiting for dispensaries to open. Arizona voters approved medical marijuana in November 2010.

California

Last Thursday, US Attorney for Northern California Melinda Haag canceled a public appearance after hearing that she would be met by demonstrators. She canceled her appearance at Golden Gate University "at the last minute" after medical marijuana supporters announced plans to picket her talk. Three days later, at the California NORML conference, Rep. Tom Ammiano (D-San Francisco) took aim at the unpopular prosecutor, saying "I'm sorry to hear a house fell on her sister," a not-so-veiled reference to the Wicked Witch of the West in The Wizard of Oz.

On Monday, LA medical marijuana activists said they would support a city council dispensary initiative instead of moving forward with their own similar one. Representatives for Americans for Safe Access, the United Food and Commercial Workers Union and the Greater Los Angeles Collectives Alliance announced that they plan to campaign on behalf of the city’s proposal, which the city council is expected to vote this week to place on the ballot. That measure would only allow shops that opened before a 2007 moratorium to operate. Another initiative, also going to the voters, would allow most of the 500 or so currently existing dispensaries to stay open.

On Tuesday, Butte County released draft cultivation rules. The new draft ordinance includes a six mature plant limit on county parcels between .4 and 1.5 acres and an 18 mature plant limit on parcels between 1.5 and 3 acres, among other things. A public hearing is set for February 12.

Also on Tuesday, the San Diego city council voted not to drop pending dispensary cases as Mayor Bob Filner ordered earlier this month, but will instead maintain the status quo until he introduces a new ordinance to regulate them within 30 days. City officials said a zoning ordinance similar to one adopted by the council in 2011 would be brought up for discussion. But that measure triggered a successful petition drive to repeal it.

Massachusetts

Last Wednesday, the Malden city council approved an ordinance restricting the location of medical marijuana businesses. They cannot operate in commercial or residential areas, just industrial ones.

Also last Wednesday, the Peabody city council voted to ban dispensaries. The unanimous vote came after Mayor Ted Bettencourt worried aloud that the dispensaries would send the wrong message to Peabody youth. It becomes the eighth town in the state to ban dispensaries.

Michigan

On Wednesday, the state appeals court ruled that patients can give small amounts of marijuana to other patients without breaking the law. The appeals court agreed with a Barry County judge who had dismissed charges against Tony Green after he provided less than 2 ½ ounces of medical marijuana to Al Thornton in November 2011. Both were qualified patients. The appeals court ruled in 2011 that sales are illegal; that case is pending before the state Supreme Court.

New Jersey

Last Thursday, a Superior Court judge refused to appoint a monitor to supervise the state's stalled medical marijuana program, instead sending the case to the Appellate Division. Two patients had sued the state Department of Health last year, saying they were denied medication because the department took nearly three years to get the program under way. Their lawyers sought a monitor and court orders compelling corrective action. Now they will have to seek results from the appellate court.

Washington

Last Thursday, the Longview city council passed zoning restrictions on collective gardens. The measure passed by the council restricts them to the Mint Farm Industrial Park and an area along Industrial Way. The city has a moratorium on the gardens, but it expires in March, and without the zoning restrictions, people would have been able to plant gardens anywhere after the moratorium expired.

It Looks Like 2016 for a Marijuana Legalization Bid in California [FEATURE]

If the first day of the California NORML state conference is any indication, most of the major players in Golden State marijuana law reform are lining up behind the idea of waiting until 2016 to try another legalization initiative there. They have some good reasons, but not everybody's happy with that, and some heart-rending reasons why that's the case were also on display as California marijuana activists gathered in San Francisco for day one of the two-day event.

Stephen Gutwillig, Dale Gieringer, Paul Armentano
Richard Lee's groundbreaking Proposition 19 garnered 46.5% of the vote in the 2010 off-year election, and no marijuana legalization initiative campaigns managed to make it onto the ballot last year, although several groups tried. Meanwhile, Colorado and Washington beat California to the Promised Land, becoming the first states to legalize marijuana in last November's election.

Now, California activists are eager to make their state the next to legalize, but crafty movement strategists are counseling patience -- and trying to build their forces in the meantime. The Prop 19 campaign made a strong beginning, bringing in elements of organized labor and the black and Hispanic communities, as well as dissident law enforcement voices, to help form a coalition that came close, but didn't quite make it.

As CANORML deputy director Ellen Komp reminded the audience at a Saturday morning panel on what comes next for marijuana law reform, the people behind the Proposition 19 campaign have formed the core of the California Coalition for Cannabis Policy Reform in a bid to forge unity among the state's diverse, multi-sided, and sometimes fractious marijuana community -- and to encourage new voices to join the struggle.

For the Marijuana Policy Project, California is a big prize, but only part of a broader national strategy, and one that should most likely wait for 2016, said the group's executive director, Rob Kampia, as he explained its plan to push legalization bills in state legislatures in four states (Hawaii, New Hampshire, Rhode Island, Vermont) this year and beyond, but not pushing legalization initiatives anywhere but Alaska in 2014.

MPP is envisioning a big legalization initiative push in 2016 instead, setting its sights on seven states, including California, when the presidential election pumps up the vote. (The others are Arizona, Massachusetts, Maine, Montana, Nevada, and Oregon.)

"There's a big demographic difference between 2014 and 2016," said Kampia. "If we do 2016, it's ours to lose."

The Drug Policy Alliance, another major player with access to the big-time funding that can turn an initiative into a winner, also seemed to be looking to 2016.

"It's up to us how, where, and when marijuana prohibition will end," Steve Gutwillig, a DPA deputy executive director and former California state director told the full house at the Ft. Mason Conference Center, "but the presumption is 2016, more than 2014. We need to run a unified campaign, we need to build the base and do alliance-building among people who are already convinced."

spontaneous fundraiser for Daisy Bram
Those positions are in line with the thinking of long-time CANORML head Dale Gieringer, who has long argued that initiatives fare better in presidential election years.

Even some of the proponents of the competing initiatives from last year are, while not exactly enthusiastic about waiting for 2016, are seemingly resigned to it.

Steve Collette, who was a proponent of the Regulate Marijuana Like Wine initiative, told the Chronicle he would prefer 2014, but could get behind 2016, too, while Sebastopol attorney Omar Figueroa, coauthor of the Repeal Cannabis Prohibition Act initiative, implied in his remarks in a later panel that he, too, was resigned to waiting for 2016.

Noting the confused state of California's medical marijuana laws -- "Nobody knows what the laws are!" -- Figueroa argued for either legislative action or a 2014 medical marijuana initiative "until a legalization initiative in 2016."

Not everyone was as ready to give up on 2014 just yet. Displeased grumblings were heard in the hallways, and an earnest advocate for the Herer-ite California Cannabis Hemp Initiative 2014 took advantage of a post-panel question-and-answer opportunity to declaim in support of it.

The most powerful and visceral opposition to waiting came in the form of Daisy Bram, a mother of three young children and legal medical marijuana grower. Bram became a symbol of the cruelty of pot prohibition last year, when local authorities in rural Butte County raided her grow, seized her children and place them in foster care, and filed criminal charges against her.

Despite being counseled to comply with the demands of Child Protective Services officials in order to secure the return of her children, one of whom was quite literally torn from her arms, Bram fought back and eventually won the return of children. But just this past week, it happened again. Another raid in another county -- although led by the same investigator -- has resulted in new criminal charges and her children once again being taken by the state.

Omar Figueroa, Michael Levinsohn, Daisy Bram
"My kids need you," she told the hushed crowd. "If it were legal, they wouldn't have my kids."

Daisy Bram doesn't want to wait until 2016 for marijuana to be legalized, she wants it yesterday, and she wants justice, and, most of all, she wants her children back in her arms. Her brief presentation at a panel Saturday afternoon was chilling, impassioned, and powerful, and visibly moved many in the audience.

[Update: CANORML reported Wednesday that at a family court appearance the previous day in her Tehama County case, the state authorities who are already seized her children seized her personal vehicle, a 2002 Ford Explorer, which they claim was the proceeds of crime.]

And while California is a state where just about anyone can get a medical marijuana card and possession of under an ounce is decriminalized, the case of Daisy Bram makes the uncomfortable point that marijuana prohibition continues to exact a real toll on real people, including the innocent. It's not just mothers labeled child abusers because the grow pot; it's also fathers denied visitation, patients thrown out of public housing, workers who must choose between their medicine and their jobs.

It's a bit easier to be sanguine about waiting until 2016 when you're not the one being bitten by those lingering vestiges of prohibition. As Komp put it when introducing Bram, until there is legalization, "there is a lot of human rights work to be done."

San Francisco, CA
United States

Is It Time for Another DC Marijuana Initiative? [FEATURE]

In the wake of the legalization victories in Colorado and Washington last November, and medical marijuana in Massachusetts, activists are talking about where the next marijuana reform campaigns should be waged and what they should attempt to do. One document that has gotten some discussion is from the Marijuana Policy Project (MPP), listing seven states where it would be working to legalize marijuana next. The list includes possible tax and regulate initiatives in Alaska, California, Maine, Massachusetts, Nevada and Oregon.

DC's partial diamond (map from census.gov)
Absent from the list is one jurisdiction that would also appear ripe for a legalization initiative: Washington, DC. The nation's capital has several things going for it.

DC has the initiative process, and activists used it to great effect in passing medical marijuana with 69% of the vote in 1998 (even if, thanks to Congressional action and the glacial pace of the DC government it has taken 15 years to implement it). The District is also overwhelmingly liberal; Obama won with 91% of the vote in November.

Unlike large states like California, the District is small in size and population and would not require a huge expenditure of resources to gather enough signatures to make the ballot. Similarly, it is a relatively small media market, meaning TV advertising would be in reach of all but the most ill-funded campaign.

Last, but not least, it is the nation's capital. A successful initiative in Washington, DC, would reverberate not only around the country, but around the world, particularly an initiative that enacted legalization..

MPP may not have included the District in its "to do" list, but that doesn't mean the organization isn't watching, said the organization's director of governmental relations, Steve Fox.

"[DC] is being discussed," said Fox. "When you look at the places where an initiative would be possible, the District stands out. One reason we didn't mention it is that it’s a jurisdiction where we're not necessarily looking at tax and regulate, but there are options to do less, such as a decriminalization initiative."

The problem of congressional interference is cause for concern, though, Fox said.

"DC certainly is ripe for some kind of reform, but we also have to be cognizant of the fact that it is unique in that it has congressional oversight," Fox said. "With the medical marijuana system finally getting off the ground, we don't necessarily want to ruffle any feathers by attempting to do anything too bold. When the medical marijuana initiative passed in 1998 and Congress wanted to mess with it, they ended up having a provision something along the lines of DC not being able to spend any funds to lower or reduce penalties related to any schedule I or II substances. If Congress thought DC was going too far too fast, it could block DC from spending any money for reforms of Schedule I substances."

Doing DC would be tempting, said Fox, but again worried about moving too fast for Congress.

"There would certainly be value in passing something in the District," he mused. "You would be making a statement that a strongly Democratic-leaning jurisdiction thinks marijuana should be regulated like alcohol, but that might not be big news to a lot of people. The real impact and real value would be to actually have a regulated market in operation, and members of Congress could see that the sky isn't falling. We've waited 15 years to show Congress you can have medical marijuana dispensaries up and running and serving patients and the public good, and we want to make sure Congress has a chance to absorb that reality."

"As a longtime DC resident, I've always thought of the District as low-hanging fruit," said Allen St. Pierre, executive director of NORML, who expressed interest in an initiative. "The media market is limited, and there is an overwhelmingly liberal population. But we don't even have a NORML chapter here, and I see little impetus in the reform community."

But things are happening in the District, according to long-time activist Adam Eidinger, co-owner of the Capitol Hemp Emporium until it was forced to close under law enforcement pressure last year. Eidinger told the Chronicle that both legalization and medical marijuana activists were meeting to plot potential courses of action, including either a legalization initiative or an initiative to expand medical marijuana rights.

"We're thinking 2014," said Eidinger, "but while I think this is a no-brainer, it has to be poll tested. We're not going to go for it if it polls less than 65%. "We will poll medical as well as legalization and see what the difference is. I know some of our friends wouldn't support legalization, but would support a patients' rights initiative that would give them the right to grow limited amounts, more rights to use outside the home, and more flexibility on dispensaries. This isn't California; DC is super strict on medical marijuana, and the patients here are going to be AIDS patients and cancer sufferers."

Test polling will happen soon, he said.

Eidinger, who also runs a media consulting firm, also saw the potential for a media coup. "This is a great place to do it for the public relations value," he said.

MPP's Fox said the group was looking for a few good people.

"As MPP did in Colorado and with medical marijuana in Arkansas, what we look for are committed and competent people on the ground who are able to do this kind of work," Fox said. "We're looking to support good people. I coordinate ballot initiatives, and I'm in DC, and so are other activists. I would be happy to work with local activists to craft something."

"The symbolism alone would probably be worth it," said St. Pierre. "It probably wouldn't cost more than $15,000 or $20,000 to get it done. This is a low cost project with a huge potential upside."

If recent comments from DC elected officials are any indication, further marijuana law reform is only going to come through the initiative process. While one city council candidate, Paul Zuckerberg, is running on a platform that includes decriminalization, the mayor and other top officials have made clear they are not interested in going further.

"I'm not prepared at this stage to support the decriminalization of any drugs at this point," Mayor Vincent Gray said earlier this month. "Look at the most abused substance in our society, and it's probably alcohol. People do abuse, irrespective of whether it's legal or not."

Police Chief Cathy Lanier also expressed unease, although her comments did suggest she drew a line between marijuana and other drugs.

"I know the legalization of marijuana is in large debate around the country, whether it be medical marijuana or just straight-out legalization of marijuana. That's one issue," Lanier said. "But I think when you talk about some of these other drugs that are extremely dangerous -- PCP, for example -- to say that we should decriminalize that and just allow people to have that without any penalty in the community would just be devastating."

With the DC council unlikely to advance reform, that leaves the field open to potential initiative campaigns. The District is most likely ripe for the picking, if anyone decides to go that route.

Washington, DC
United States

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