Medical Marijuana

Charles Lane at The Washington Post stepped in it big time yesterday with an awful piece that literally had to be edited after publication for shocking insensitivity. Now he's returned with another, falling back on the desperate argument that medical marijuana is a Trojan Horse for recreational legalization.

Listen, medical marijuana isn't a trick and it's pathetic to pretend that the people trying to legalize marijuana are behaving surreptitiously when we've been screaming "legalize marijuana" at the top of our lungs for a damn long time now. You can't blame us for the fact that the medical marijuana debate necessarily serves to illustrate so much about the absurdity of marijuana prohibition as a whole. Nor does it in any way undermine our credibility when we place the interests of seriously ill patients before those of casual users when setting our political priorities.

Critics of medical marijuana advocacy often accuse us of demanding unusual regulatory exceptions for marijuana, complaining that it hasn’t been approved by the FDA and that the whole concept of medicine by referendum is absurd, as though there exists any other path for us to take. It really shouldn’t be necessary to explain all the ways in which endemic and entrenched anti-pot prejudice across numerous government agencies renders preposterous any notion that we could just play this out by the usual rules. We've been trying that for decades now and we get cheated at every turn, so you can save your appeals to procedure.

Marijuana can't be treated like other medicines, because it's nothing like them. It was here first and it's vastly cheaper, safer, and more versatile than its modern pharmaceutical counterparts. It's a bush that just grows out of the ground and what we want is for the government to stop arresting people who've found ways to use it. There's nothing even the least bit complicated or disingenuous about that.

Those who now lament the cascading political momentum of medical marijuana as some sort of grand conspiracy have it exactly backwards. Marijuana was prohibited through a vicious series of outrageous lies and perversions of science. We all know the history of racism, demagoguery, and blind hysteria that somehow turned a helpful plant into a scary satanic deathbush. From the very beginning, there has never been a time when any of this made sense. To now stand proudly atop the pedestal of prohibition while questioning our credibility and our motives is just insane.

Yes, there is a massive lie at the center of this debate, but we're not the ones telling it. The drug war itself is the true Trojan Horse that masquerades as a symbol of health and safety, while harboring destruction within its folds.

It's awfully hard to find anyone complaining about this week's big medical marijuana news, but the editorial board at the Christian Science Monitor has done an admirable job of summing up the case against medical marijuana in all its bitter incoherence:

The federal government has limited resources to fight drugs, and funds should not be wasted on prosecuting users and providers of medical marijuana who comply with state laws, the Obama administration said this week.

While this argument may indeed seem a sensible prioritizing of federal effort and dollars, the White House and the public should realize it comes with a cost.

That cost is Washington's tacit approval of state-sanctioned medical marijuana, which the drug's proponents will take as a green light to push even harder for their ultimate goal: full legalization of marijuana use and distribution.

That, right there, is everything you'll ever need to know about why anyone still opposes medical marijuana. It is not any more or less complicated than the fact that they're afraid of legalization and they won’t hesitate to throw seriously ill patients under the bus if they think it will curb our momentum. It's a motivation so selfish and shameful, we've rarely seen it acknowledged and its emergence now is really a remarkable testament to the vacancy of credible objections presently available to those seeking to undermine patient access.

What perfect irony that those who advocate arresting patients as a necessary means to prevent broader legalization would dare accuse us of exploiting the sick and dying for political ends.

When it comes to reforming marijuana laws, one of our greatest remaining obstacles is the fact that many people just can’t picture what a sensible marijuana policy would look like. The reformer's utopian view of a regulated marijuana economy operates in stark contrast to the pungent smoldering apocalypse that exists in the nightmares of our opposition. It's like we're not even speaking the same language.

So I'd like to share a vision of what is possible when cannabis is provided by responsible people:



It's a triumphant statement that cannabis, like other valued commodities, can be handled with accountability to the consumer and the public. So much of the ugliness that clouds this issue (drug gangs, violence, environmental harm) is just a symptom of our failure to let the best people supervise it. Through regulation, we encourage responsible business practices and create an environment in which providers will constantly strive to maintain a healthy relationship with their community.

The time has come for opponents of legalization to stop obstructing reform and start actively participating in it. Once it's understood that marijuana laws are changing, we must all begin working together to develop a system that addresses as many different concerns as possible. Instead of trying to block any form of legalization, skeptics should be thinking about what distribution model they'd be most comfortable with. The excellent example depicted above can be replicated elsewhere, but only if everyone works together instead of fighting it out to the bitter end.

This is what real drug control looks like and there's nothing here for anyone to be afraid of.

Medical marijuana patients know all too well the anxiety of deciding whether/how to travel with their medicine. More than a decade after medical marijuana became legal in California, airports remain hostile territory for patients, who find themselves surrounded by drug sniffing dogs and unfriendly security personnel. Fortunately, there's one airport where patients are welcome:  

Oakland International Airport may be the nation's only airport with a specific policy letting users of medical marijuana travel with the drug.
…
It states that if deputies determine someone is a qualified patient or primary caregiver as defined by California law and has eight ounces or less of the drug, he or she can keep it and board the plane.

Deputies warn the pot-carrying passengers that they may be committing a felony upon arrival when they set foot in a jurisdiction where medical marijuana is not recognized. But they say they don't call ahead to alert authorities on the other end.

"We never have. We're certainly within our right to, but we never have," said Sgt. J.D. Nelson, a spokesman for the sheriff's office. "Our notification of the passengers is for their own safety and well-being." [Oakland Tribune]

How cool is that? These guys are genuinely looking out for the best interests of the patients and it’s a wonderful thing to see. As you might guess, it wasn't always like this and a little agitating was necessary to bring this policy about. Still, the fact that patients can now feel safe at the airport is an achievement worth noting.

The hard truth behind medical marijuana advocacy is that legalization is just the first step in the process. You have to continue the fight in hundreds of other venues just to ensure that the law is upheld. Everywhere you go, you'll find people who've been trained to regard marijuana users as criminals and that mentality doesn’t just disappear with the flip of a switch. Nevertheless, as time passes, we're able to carve out safe terrain for patients in places that once seemed impossible.

Today's news that DOJ is officially calling on federal prosecutors to respect state medical marijuana laws is already a top story in every major news outlet. Although the announcement merely formalizes existing administration priorities, it has done so with considerable fanfare and the medical marijuana community is naturally quite thrilled about it.

This event -- and the substantial attention it has drawn -- provides yet another important measure of the rapidly evolving political landscape surrounding marijuana policy in America. It's important to understand how this happened, which is why I think this comment from Glenn Greenwald is a little bit off the mark:

The Obama administration deserves major credit not only for ceasing this practice, but for memorializing it formally in writing.  Just as is true for Jim Webb's brave crusade to radically revise the nation's criminal justice and drug laws, there is little political gain -- and some political risk -- in adopting a policy that can be depicted as "soft on drugs" or even "pro-marijuana."

It's just not at all clear to me at this point what political risk exists with regards to protecting medical marijuana. Public support has ranged from 70-80% for a long time. We have a 9-1 record passing state-level initiatives to legalize medical marijuana, losing only in South Dakota. Obama's campaign promises on this issue earned only praise, while contrary statements from Romney, McCain and Giuliani ignited a firestorm of public outrage. Who even opposes medical marijuana anymore other than paranoid politicians, power-hungry police and creepy old drug war demagogues?  Even Michelle Malkin and Bill O'Reilly are cool with it.

The real story behind what happened today, I believe, is that the new administration sees public support for medical marijuana as the safest course from a purely political standpoint. They didn't have to issue this statement at all, let alone on a Monday morning, and I can only assume that they're perfectly content to make major headlines with it. As such, this event is significant not only for its implications with regards to medical marijuana, but also because it fundamentally reframes the political calculus that has long driven drug policy decision-making in Washington, D.C.

There are many good things to be said about all of this, but praising Obama's political courage may serve only to unintentionally re-inflate the dubious notion that there's anything to fear by standing with us in the first place.

Editor's Note: We wanted to get this important story posted today, but we will develop it further for the Drug War Chronicle on Friday. In a new federal medical marijuana policy memo issued this morning to the DEA, FBI, and US Attorneys around the country, the Justice Department told prosecutors that medical marijuana patients and providers in states where it is legal should not be targeted for federal prosecution. The memo formalizes statements made by Attorney General Eric Holder in February and March that going after pot-smoking patients and their suppliers would not be a high Justice Department priority. The memo marks a sharp break with federal policy under the Clinton and Bush administrations, both of which aggressively targeted medical marijuana operations, especially in California, the state that has the broadest law and the highest number of medical marijuana patients. The announcement of the policy shift won kudos from the marijuana and broader drug reform movement. But some reformers questioned what the shift would actually mean on the ground, pointing to DEA raids and federal prosecutions that have occurred since Holder's signal this spring that the feds were to back off, as well as continuing controversies, especially in California, over what exactly is legal under state law. Others noted that for real protection to be in place, federal law—not just prosecutorial policy—needs to change. In the memo, federal prosecutors were told that going after people who use or provide medical marijuana in accordance with state law was not the best use of their time or resources. According to the memo, while the Justice Department continues to make enforcing federal drug laws a key mission:

"As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources."

But the memo also said that federal prosecutors should continue to target marijuana production or sales operations that are illicit but hiding behind state medical marijuana laws. It explicitly singled out cases involving which involve violence, the illegal use of firearms, selling pot to minors, money laundering or involvement in other crimes. "It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," said Attorney General Holder. "This is a huge victory for medical marijuana patients," said Steph Sherer, executive director of Americans for Safe Access, the nationwide medical marijuana advocacy organization, which had been in negotiations with the Justice Department to get written guidelines issued. "This indicates that President Obama intends to keep his promise not to undermine state medical marijuana laws and represents a significant departure from the policies of the Bush Administration," continued Sherer. "We will continue to work with President Obama, the Justice Department, and the US Congress to establish a comprehensive national policy, but it's good to know that in the meantime states can implement medical marijuana laws without interference from the federal government." "This is the most significant, positive policy development on the federal level for medical marijuana since 1978," said the Marijuana Policy Project in a message to its list members today. "It's great to see the Obama administration making good on the promises that candidate Obama made last year. These new guidelines effectively open the door to sensible collaboration between state governments and medical marijuana providers in ensuring that patients have safe and reliable access to their medicine," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "What remains unclear is how the Justice Department will respond to rogue state attorneys, such as San Diego's Bonnie Dumanis, who persist in undermining state medical marijuana laws in their local jurisdictions. Now is the right time for the Obama administration to move forward with federal legislation to end the irrational prohibition of medical marijuana under federal law." While the policy memo was "encouraging," the "proof will be in the pudding," said California NORML head Dale Gieringer, who also cited the recent raids in San Diego, as well as the August federal indictment of two Lake County medical marijuana providers. "Note that the new Obama policy has a glaring loophole, emphasizing that 'prosecutors have wide discretion in choosing which cases to pursue, and ... it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law,'" Gieringer said. "The salient question is, who decides what is 'without a doubt' in compliance with state law? As shown by the recent statements of LA's DA and City Attorney, there exist significant doubts about the legality of most dispensaries in California. It remains to be seen how far the administration's new policy guidelines will go to prevent further abuses, when what is really needed is fundamental reform of federal laws and regulations." And so opens the next chapter in America's long, twisted path to the acceptance of medical marijuana.

Oakland's new cannabis tax was highlighted on the PBS Lehrer News Hour report last night. The tax, counterintuitively, was supported by members of the Oakland medical marijuana community who are now subject to it -- an effective demonstration of the value the quasi-legal marijuana trade has for the Oakland community as a whole, at least that's the idea. I haven't had a chance to review the footage yet -- talk amongst yourselves. Favorable, neutral or otherwise, it's very much a sign of the times.

Our friends at NORML have run into a weird misunderstanding with the folks at PayPal. Apparently, the company has a vague drug policy and they've chosen to interpret it rather broadly:

Paypal, the well-known internet payment company has told California NORML that it will no longer accept payments to our “type of business” because we accept listing payments from cannabis-recommending physicians.

After years of offering free listings to physicians and collectives at our website http://www.canorml.org, CaNORML began charging a yearly listing fee to cover our costs last year.

PayPal froze CaNORML’s account in June, saying that by accepting listing fees from collectives, we were violating their Acceptable Use policy, which says, “you may not use PayPal in the purchase or sale of narcotics.”  

It's absurd on so many levels:

1. It's medical marijuana, not "narcotics." It's perfectly legal under state law and even the federal dept. of justice has agreed to respect state policies.

2. California NORML isn’t buying or selling medical marijuana. They're accepting donations and listing their sponsors. In no way does this violate the terms of PayPal's acceptable use policy.

3. Even after California NORML removed listings for collectives, PayPal maintained that there was a problem with listing physicians on its site. Physicians? They don't even provide medical marijuana, so now you start to get the idea that PayPal is just being nasty. Do they want NORML to stop mentioning marijuana altogether?

But here's the really unbelievably stupid thing about all this:

4.  You can buy alcohol on PayPal. You can straight-up order booze through PayPal and have it delivered to your door, but they have a problem with NORML merely taking donations from folks in the medical marijuana industry?

There is no excuse for this. PayPal is under no legal obligation whatsoever to behave this way and their hypocrisy must not be allowed to go unnoticed. This isn’t even a question of medical access. No marijuana was even being sold through their service. This is about the freedom of PayPal clients to associate with their patrons without being subjected to false and erroneous restrictions that reek of political prejudice.

If PayPal thinks it's bad business to be associated with the medical marijuana community, let's show them how wrong they are. You can contact PayPal here:

PayPal, 2211 N 1st St, San Jose 95131 (408) 376-7400

I recommend reading the whole story from NORML first, so that your correspondence is fully informed. As always, we make the best impression by being firm, but also polite.

Some people think that Drug War Chronicle should be called the "Bad News Chronicle" or the "Chronicle of Misfortunes" instead. Though it's been noted that there's a lot more good news these days than there used to be -- this week's issue does have some good news -- so be sure to read it! Two late-breaking items came in after we wrapped up the issue -- neither of them good:

Los Angeles County's district attorney says they're going to start prosecuting dispensaries -- starting with Organica. Their legal basis is a ruling last year by the state supreme court. And, indictments have started in San Diego, after the mass raids last month.

Regarding LA, I don't know a lot of the dispensary operators down there -- there are so many -- but Organica is one of the very few where I do happen to know some of the people involved. They are activists and stalwarts for the cause, and they deserve less than almost anyone for this to happen to them. The luck of the draw is coldly neutral, I guess -- not that I would wish a drug war prosecution on anyone. Let us continue to hope for the best...

Wow, if the drug czar was annoyed with The Washington Post last week, I wish I could see the look on his face when he reads this:

Cartels Face an Economic Battle
U.S. Marijuana Growers Cutting Into Profits of Mexican Traffickers

ARCATA, Calif. -- Stiff competition from thousands of mom-and-pop marijuana farmers in the United States threatens the bottom line for powerful Mexican drug organizations in a way that decades of arrests and seizures have not, according to law enforcement officials and pot growers in the United States and Mexico. 

Medical marijuana laws have legitimized enough of the marijuana economy to begin vividly illustrating the long-term impact of regulated distribution. The hypothesis has been proven: people don't buy from drug cartels if they don’t have to.

This simple and obvious fact demolishes any attempt to argue that legalization won't work. It's already working. Just watch.