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Medical Marijuana

Medical Marijuana Dispensaries Are Coming to Rhode Island

It's official:

PROVIDENCE, R.I. -- The House and Senate on Tuesday each overrode Governor Carcieri's veto of legislation allowing three "compassion centers" to dispense medical marijuana.

The Senate vote was 35 to 3. The House vote was unanimous, 67 to 0.
For the bill to become law, both houses were required to overide the veto of their own and the other house's bill. The measure is now in effect.

It's just inspiring to see an entire state legislature stand up in unison to protect patients. Carcieri's veto was driven by the same petty, false, and widely-refuted propaganda that's been deployed in desperation against medical marijuana legislation for more than a decade now:

In vetoing the bills, Carcieri said he thought "the increased availability, along with a complacent attitude, will no doubt result in increased usage, and will negatively impact the children of Rhode Island" and complicate the jobs of law enforcement officers.

Think about how remarkable it is that virtually the entire House and Senate of Rhode Island have come forth and firmly rejected this garbage. There was a time when reformers were all alone on this issue, yet today it is our opposition that stands isolated and estranged from public opinion.

The folks at the Rhode Island Patient Advocacy Coalition deserve a big round of applause for taking on this battle and winning by knockout.

"Tough on Drugs" Politics Just Aren't as Popular Anymore

The Rolling Stone piece I mentioned earlier also contains an excellent observation from drug policy expert/centrist Mark Kleiman, with regards to the new administration's pledge to respect state medical marijuana laws:

"There are two striking things about that," says Mark Kleiman, who directs the study of drug policy at UCLA. "One was that the administration thought that they could get away with it. And the other is that they did! There was no outcry, or even an attempt at an outcry. The administration clearly thinks that being 'soft on drugs' is no longer a political vulnerability. And it looks like they're right."

This perfectly illustrates the emergence of the new drug war politics. The long-standing consensus within our political culture that the public demands harsh drug laws is just pure fiction. Test that theory any way you want and it will fail to deliver every time. State-level marijuana reforms passed by colossal margins in 2008, support for legalization is polling at record levels, and legalization repeatedly emerged as America's top political issue according to public votes on the president's own website.

We are cascading towards a remarkable moment when the politics of drug policy are revealed to be far removed from what many believed them to be.

Charlie Lynch Sentenced to Jail for Medical Marijuana

Today, Charlie Lynch was sentenced to one year and one day in jail for operating a medical marijuana clinic that was legal under California state law. U.S. District Court Judge George Wu declined to impose the 5-year mandatory minimum that federal prosecutors deemed appropriate and I've been informed that the U.S. attorney was visibly upset with this outcome. In contrast, Reason reports that Lynch's attorneys "seem extremely happy and relieved with the sentence and are convinced they will knock it down much lower and that Lynch will not be in prison anytime soon."

In that respect, today's outcome brings back memories of the government's epic campaign against Ed Rosenthal, in which federal prosecutors exhausted phenomenal resources, drew virulent public criticism, frustrated the trial judge, and ultimately walked away disappointed. Rosenthal's persecution and ultimate vindication galvanized national support for medical marijuana, thus the Lynch trial feels very much like a parting shot from an entrenched clan of desperate drug war demagogues who've all but expended their legal and political resources while alienating the American public at every turn.

The fatal flaw in the federal war on medical marijuana has always been that if you try hard enough to put people in jail for it, you'll lend urgency and credibility to the movement for reform.

Rhode Island Senate Votes to Open Medical Marijuana Dispensaries

Legal access to medical marijuana could soon be coming to the east coast:

PROVIDENCE, R.I. (AP) — Rhode Island would be the third state in the nation and the first on the East Coast to allow nonprofit stores to sell marijuana to medical patients under legislation approved Tuesday by state lawmakers.

The state Senate voted 30-2 to adopt a measure permitting three stores to sell marijuana to more than 680 patients registered with the state Department of Health. It now heads to Gov. Don Carcieri, who has previously vetoed bills legalizing marijuana for medical use.

A veto from the governor is almost certain, but towering majorities in the House and Senate should make it possible to override the veto. That's exactly how Rhode Island's original medical marijuana law was passed. Maybe Carcieri should just sign the damn thing and save himself the double embarrassment of not only trying to stand between seriously-ill patients and their medicine, but also failing at it.

Congress Calls on DOJ to Better Explain Medical Marijuana Policy

Via Ben Morris at MPP:

The House committee that oversees the Department of Justice (DOJ) passed an amendment today that adds language to the committee’s report urging the DOJ to clarify its position on state-legal medical marijuana. The provision is a non-binding recommendation, but carries weight given the committee’s role in funding the department.
…
The language, sponsored by Rep. Maurice Hinchey (D-N.Y.), states, “There have been conflicting public reports about the Department’s [DOJ] enforcement of medical marijuana policies. Within 60 days of enactment, the Department shall provide to the Committee clarification of the Department’s policy regarding enforcement of federal laws and use of federal resources against individuals involved in medical marijuana activities.”

Although federal interference with state medical marijuana laws has been sparse since Obama took office, we have seen evidence of a potential loophole in the attorney general's pledge to respect state laws. As long as charges are brought in federal and not state court, there exists no mechanism for determining that state laws were ever violated, thus DEA could theoretically raid legitimate dispensaries based on unverified claims that local laws were being broken.

That's why Hinchey's effort to ensure accountability is so important. Although public outrage has been a powerful force towards pushing federal medical marijuana policy in a more reasonable direction, we simply cannot count on DEA to execute the new policy in good faith. The more pressure that's applied early on, the better our chance of ensuring that the worst excesses of the war on medical marijuana are behind us.

Holder Renews Pledge to Respect Medical Marijuana Laws

In case anyone forgot, the new administration promises to be nicer about medical marijuana:

ALBUQUERQUE — The nation’s top cop said Friday that marijuana dispensaries participating in New Mexico’s fledgling medical marijuana program shouldn’t fear Drug Enforcement Agency raids, a staple of the Bush administration.

U.S. Attorney General Eric Holder, speaking in Albuquerque during a meeting focused on border issues, including drug trafficking, said his department is focused "on large traffickers," not on growers who have a state’s imprimatur to dispense marijuana for medical reasons.

"For those organizations that are doing so sanctioned by state law, and doing it in a way that is consistent with state law, and given the limited resources that we have, that will not be an emphasis for this administration," Holder said. [New Mexico Independent]

Notwithstanding a couple of questionable raids that have taken place since Holder took office, it's good to hear him keep repeating this. The more he says it, the more scrutiny he'll be subjected to if DEA continues to push its luck. Personally, I'm not expecting the complete elimination of federal interference with state medical marijuana laws, but I think it will become clear over time that the situation has improved.

Still, Holder and Obama shouldn't get a pass on this ridiculous "limited resources" excuse for respecting state medical marijuana laws. The issue enjoys tremendous public support and there's no reason the new administration can’t come right out and acknowledge that the Bush policy was just cruel. Pretending it's about money is disgusting and wrong. Note to reporters: next time someone in the administration tries to portray the new medical marijuana policy as a matter of conserving law enforcement resources, ask whether they'd continue the raids if their budget was bigger.

Furthermore, the feds are still trying to put Charlie Lynch in prison for operating a perfectly legal dispensary in California. His sentencing will take place this Thursday, assuming it doesn’t get postponed yet again. Click here to email the Dept. of Justice and tell them to let Charlie go.

If these guys are sick of answering questions about marijuana policy, freeing Charlie Lynch is by far their best move.

If Pawlenty Wants to Be President, He Should Reconsider His Opposition to Medical Marijuana

Minnesota Governor Tim Pawlenty has declined to seek a 3rd term, prompting speculation that he's planning to seek the Republican presidential nomination in 2012. Wouldn't it be strange if Pawlenty's presidential ambitions had something to do with his decision to veto a bill that would stop police from arresting terminally ill medical marijuana patients? Does Pawlenty think that Americans want a president who supports arresting people who are about to die?

Someone should show him the polling data on medical marijuana. Is Pawlenty aware that an anti-medical marijuana candidate got crushed by a pro-medical marijuana candidate in the 2008 presidential election?

Opposing medical marijuana in any way is politically risky, but Pawlenty specifically turned his back on people who are dying. In today's political climate, that's a big mistake.

Video: Orange County Seniors Demand Medical Marijuana Access

This video by "Drug Crazy" author Mike Gray is from Orange County, California -- not a liberal bastion, but medical marijuana has been state law there for over 12 years. Senior citizens are calling for access to medical marijuana, local authorities are sympathetic, and advocates are willing help. But they can't find a landlord willing to rent to them, presumably because of threats by the US DEA to use asset forfeiture laws to take the property away. Along with the sheer barbarism of these federal policies, the video also hints at what may be the largest tragedy, people who because of those policies never find out that marijuana could have helped them.

New Drug Czar Doesn't Care About Medical Marijuana

In an interview with National Journal, Gil Kerlikowske didn't have much to say about medical pot:


NJ: Do you have plans to review potential changes to the country's medical marijuana policies?

Kerlikowske: I have not had my meeting with the attorney general, who had made some statements, but I plan on following up with that pretty closely.

NJ: Will you at least be conducting a study on the topic?

Kerlikowske: I don't know. I think it is a little premature, and frankly, looking at the overdose deaths -- there is such a huge increase in people dying from prescription drug overdoses -- is a little higher on my priorities right now than the medical marijuana issue....

Well that makes sense, but considering that there's a raging controversy in America right now over the federal government's war on medical marijuana, maybe the drug czar should at least be able to provide a little insight instead of changing the subject. Of course, it's likely that Kerlikowske's attempts to downplay the issue are actually intended to dismiss potential controversy surrounding the new administration's positive statements on the issue, i.e. medical marijuana isn't a top concern, so don't give us a hard time for not raiding dispensaries.

This 'medical marijuana isn't a priority' stuff is fine for now if it means they won't be interfering with state laws, but it's a pretty weak cop-out in the long run. Eventually, Washington will have to come to terms with the deep unpopularity of the war on medical marijuana. That means declaring an end to federal raids based on firm moral and scientific grounds, rather than vague policy statements.

They seem to understand that public opinion requires a new direction with regards to medical marijuana policy, but if that much is understood, why tiptoe around it? If the goal is to avoid controversy, then tell us exactly what we want to hear, follow through on it, and the matter will be closed.

For starters, why not look into rescheduling marijuana so it isn't any more illegal than these FDA-approved pharmaceuticals that are killing so many people?

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