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Washington Medical Marijuana Dispensaries Would Be Legal Under New Proposed Bill

Location: 
WA
United States
Just months after a proposed initiative legalizing marijuana failed to qualify for the fall ballot, marijuana is back again on the political agenda. With a new session beginning in January, several legislators are poised to introduce bills that would liberalize marijuana laws, whether by legalizing medical marijuana dispensaries or by legalizing marijuana altogether.
Publication/Source: 
Seattle Weekly (WA)
URL: 
http://blogs.seattleweekly.com/dailyweekly/2010/09/medical_marijuana_dispensaries.php

Despite Decrim, California Marijuana Possession Busts Abound [FEATURE]

According to figures from the California Criminal Justice Statistics Center, more than 550,000 people were charged with misdemeanor marijuana possession in the Golden State between 1999 and 2009. Last year, 61,164 people were charged with pot possession, down slightly from 2008's record 61,388.

The number of small-time pot arrests hovered at around 50,000 a year for most of the decade. But in 2007, it jumped to just under 60,000, and crossed that threshold in 2008.

That could change this year, though. A bill, SB 1449, approved by the state legislature last week would change the misdemeanor to a civil infraction. It awaits action on Gov. Schwarzenegger's desk. The Proposition 19 marijuana legalization initiative would allow people 21 or over to possess up to an ounce without fear of arrest and grow up to 25 square feet. It goes before the voters on November 2.

That wouldn't be a minute too soon, for some.  "It's morally offensive that in a state like California, where a majority of Californians favor outright legalization and where as far back as 1977 they thought they had it decriminalized, the law enforcement community continues to ignore the will of the citizens of the state," said Keith Stroup, founder of the National Organization for the Reform of Marijuana Laws (NORML).

"This is just another example of why we need to end marijuana prohibition and why we hope California voters will pass Proposition 19 this November," said Mike Meno, communications director for the Marijuana Policy Project. "We're criminalizing people and turning their lives upside down simply for using a substance that's safer than alcohol. It's also a huge misallocation of law enforcement resources. Even if they're not going to jail, these busts are still taking up police officers' time and clogging up the court system. This is all the more reason I hope voters really flock to the polls in November."

Under California law, possession of up to an ounce is a misdemeanor punishable only by a maximum $100 fine for a first offense. But because it is a misdemeanor -- not a civil infraction -- you can be arrested, and each offense requires a court appearance, leading to costs for the criminal justice system, as well as costs and a criminal record -- at least temporarily -- for the arrestee.

"People are usually cited and released, but they could be arrested," said Omar Figueroa, a Sebastopol-based marijuana defense attorney. "The law says they can be arrested for misdemeanor marijuana possession, and they will be if they don't have satisfactory proof of ID or if they ask to go before a judge."

It varies from locality to locality, Figueroa said. "In Berkeley, they try to process them in traffic court, even though it's technically a misdemeanor. A lot depends on the cop's discretion."

People charged with a misdemeanor have the right to counsel and the right to a jury trial. Ironically, both Figueroa and Dale Gieringer, longtime head of California NORML, said that exercising that right to trial could result in the charges being dropped.

"Some people have demanded jury trials," noted Gieringer, "and when you do that, you almost always find the charges getting dropped, because when the worst outcome is a $100 fine, it just isn't worth it."

"With the maximum sentence being a $100 fine, the system doesn't want to put out that much energy in picking a jury," said Figueroa, but don't count on it. "My first jury trial was pot possession misdemeanor in Los Angeles County. But if you're in San Francisco or Alameda County and you insist on your right to a jury trial, it will probably be dismissed."

Pleading guilty means a criminal record and all that entails, including collateral consequences like loss of access to public housing, but only for two years. Then, if you've managed to stay out of trouble, the conviction is expunged. But some judges push minor pot offenders into treatment, said Gieringer.

"Many judges railroad the defendants into not taking the misdemeanor plea, but instead doing a drug program, the advantage of which is that you have no conviction at all, but it's very expensive and time consuming," he said. 

Even having to show up for a court appearance can be burdensome, Gieringer said. "I know one UCLA student who had to go to Arcata [600 miles away] for a court appearance. It's also an inconvenience for the court. It's got to cost well over $100 for the state to assemble all the manpower for a pot misdemeanor hearing, and with 60,000 cases, that's $6 million wasted right there."

"It would be good to see that decrim bill signed into law or Prop 19 pass," said Stroup. "Or both," he laughed.

"Back when we did the decrim bill in the 1976, the district attorneys said it had to remain a criminal offense," said Gieringer. "The bill now pending would abolish that status. If Schwarzenegger can't sign this current decrim bill, there is something really sick in California politics." Gieringer laughed ruefully, adding, "Of course, we know there is something really sick in California politics."

"This same decriminalization proposal was defeated here three times in the past," said Gieringer. "I think its passage this year is an indication that you can get lawmakers to reduce penalties as a cost-cutting measure. The reason it passed this time was the budget crisis -- even the prosecutors and the courts supported the bill on the grounds of cutting costs."

That's just misdemeanor pot possession. An additional 135,000 people have been arrested on felony marijuana cultivation or distribution charges in the past decade. For all drug felonies, that figure rises to 1.4 million over the past decade.

An additional 850,000 arrests were made for non-marijuana drug misdemeanors. These are typically possession of personal use amounts of hashish, non-opiate prescription medications, and similar drugs on Schedules III, IV, and V of the state drug law, which can be charged as either felonies or misdemeanors. Figueroa called such charges "wobblers," since they can be charged either way.

While last year's 78,514 marijuana arrests (felonies and misdemeanors) is an all-time high, arrests for other drug offenses are declining. Narcotics (heroin and cocaine) felony arrests peaked at more than 56,000 in 2007, but declined to just under 44,000 last year, while dangerous drug felony arrests have declined by half since peaking at nearly 93,000 in 2005.

The huge number of drug arrests in general and marijuana arrests in particular come as the state is experiencing its lowest crime levels in three decades and a skyrocketing criminal justice system budget. In 1968, total criminal justice system (law enforcement, corrections, courts, prosecutors, public defenders) were at about $100 million, by 1984, when crime rates had already begun falling, the criminal justice budget was at about $5 billion. Last year, it was about $33 billion, mostly for police ($17 billion) and prisons ($15 billion).

Passage of Prop 19 or the signing of the decriminalization bill could begin to rein in the California criminal justice juggernaut, but that would just be a start. Still, you have to start somewhere. Real decrim would be good, but if California votes for legalization, it will be a political earthquake.

CA
United States

Colorado Medical Marijuana Patient Tracking Has MMJ Advocates Crying Foul

Location: 
CO
United States
Medical marijuana advocates are concerned that proposed new regulations for the industry will result in patient tracking, scaring patients away from wanting to be a part of the system. The Cannabis Therapy Institute is asking advocates to oppose the draft rules by the Colorado Department of Revenue because they say it will lead to fear.
Publication/Source: 
The Denver Daily News (CO)
URL: 
http://thedenverdailynews.com/article.php?aID=9850

Phoenix Officials Plan Ahead of November Vote on Medical Marijuana

Location: 
Phoenix, AZ
United States
Phoenix officials are discussing how to deal with a November ballot measure that would legalize marijuana for medical purposes.
Publication/Source: 
The Arizona Republic (AZ)
URL: 
http://www.azcentral.com/news/articles/2010/09/07/20100907phoenix-medical-marijuana-november-vote.html

Republican Gubernatorial Candidate Moffett Goes on Record Supporting Industrial Hemp

Location: 
KY
United States
Phil Moffett said Friday he's willing to "go to the carpet" to legalize the production of industrial hemp in Kentucky. The Louisville businessman voiced support for industrial hemp in a question and answer session with libertarian voters in Lexington on Thursday and again Friday in an interview with The Associated Press.
Publication/Source: 
Bloomberg (NY)
URL: 
http://www.businessweek.com/ap/financialnews/D9I0LRS00.htm

Mississippi Governor Signs Bill Banning Synthetic Marijuana

Location: 
MS
United States
Gov. Haley Barbour on Friday signed a bill immediately banning the sale and possession of the herbal mixture known by names such as Spice, K2, Demon, Voodoo, Genie and Zohai.
Publication/Source: 
Bloomberg (NY)
URL: 
http://www.businessweek.com/ap/financialnews/D9I0K2280.htm

Ethics Panel Rips TV Drug Court

Location: 
AR
United States
Arkansas' judicial officials are questioning whether Washington-Madison County Drug Court, a popular local television program, should be aired. An opinion from the Arkansas Supreme Court Judicial Ethics Advisory Committee, issued Thursday, appears to quash any thought of taking any version of the show national and questions whether it should continue to be broadcast locally. The committee members, two retired judges and a law professor, issued a scathing opinion saying they had concerns with any broadcast of drug court proceedings.
Publication/Source: 
Stuttgart Daily Leader (AR)
URL: 
http://www.stuttgartdailyleader.com/newsnow/x353256866/Ark-panel-issues-opinion-on-televising-drug-court

Michigan Judge Allows Medical Marijuana Use for Suspects

Location: 
MI
United States
A Detroit-area judge is allowing some defendants arrested in a series of raids to keep using state-approved medical marijuana while out on bond.
Publication/Source: 
Fox News (US)
URL: 
http://www.foxnews.com/us/2010/09/03/michigan-judge-allows-medical-pot-use-suspects/

Protestors Rally for Those Arrested in Pot Busts

Michigan’s medical marijuana law had its first dramatic day in an Oakland County court as a dozen people arrested in a medical marijuana raid on August 25 came before a judge for preliminary exams.
Publication/Source: 
The Daily Tribune (MI)
URL: 
http://www.dailytribune.com/articles/2010/09/02/news/doc4c7e6e18dfcaa265390042.txt

Medical Marijuana Advocates to Local Officials: Comply with State Law

Location: 
CA
United States
Americans for Safe Access, the country's leading medical marijuana patient advocacy group, issued letters today to more than 140 localities across California with bans on distribution, demanding that they come into compliance with state law. The letters were sent two weeks after California's Fourth District Court of Appeal issued a long-awaited decision rejecting the argument that local or state dispensary laws are preempted by federal law.
Publication/Source: 
Opposing Views (CA)
URL: 
http://www.opposingviews.com/i/medical-marijuana-advocates-to-local-officials-comply-with-state-law

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