Medical Marijuana

The Drug Czar Canât Stop Panicking About Medical Marijuana

Here we go again:

Pete Guither couldnât make it all the way through. Iâm not even going to try. Weâve heard all of this before. We heard the same thing in Alaska, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Yet no one is demanding the repeal of those laws. Medical marijuana works and so do the laws that protect patients from arrest.

If youâre in Michigan, vote Yes on Prop. 1. Pass it on.

The Perfect Argument for Medical Marijuana in Michigan

Wow.

The drug czar likes to complain about the deep pockets of the "pot lobby," and he's lucky it's a lie. If we could afford to put this video on the airwaves across America, the federal war against medical marijuana would be over in the blink of an eye. This is the truth about why we do what we do. These are the people who pay the price for our brutal drug laws and their stories are in our hearts each day as we fight for change. If you live in Michigan, please vote YES on Prop. 1. Tell your friends. Tell your mom. With your support, we can win another important victory for seriously ill patients.

Police Steal Money from Elderly Medical Marijuana Patients

It is not at all uncommon for the war on drugs to target the very last people among us who ought to be treated as criminals:

For example, the 90-year-old couple, Lester ("Smitty") and Mary Smith--who were raided at their Philo home last week (9.24.08) with law enforcement seizing their life savings and all their plants in the process--are qualified patients with doctors' approvals and did nothing wrong.

Smitty said, "I wasn't worried a bit. I knew it was legal. I planted six plants two years in a row and this year, I planted 17 for me and Mary. That's not too many is it? My wife is very ill, confined to a wheelchair or recliner. She likes the bud tea. She has severe arthritis. It makes it easier for her to get around. She walks easier; she can walk to the bathroom even by herself."

Smitty has health issues too. "I have heart problems, blood clots, stomach cramps, emphysema, bad hips. I've had a heart attack. I sometimes get strong chest pains and can't breathe right. I take nitroglycerine. That brings me back. My doctors want me to take more x-rays here locally but that would be a big expense. Usually, I go to the Veterans Hospital and they pay for it."

Mary Smith was forced to stay in the house by herself during the 5-hour raid while additional warrants for an adjoining parcel were telephoned in and delivered, allowing sheriff's deputies to enter all the residences.

The elderly Smiths were not arrested or charged with a crime, because there was none. Sheriff's deputies were apparently more interested in robbery than arrest (excuse my french). They seized the two things that mattered most to the ill couple--their medicine, all 17 plants, leaving nothing--and their life savings, $52,000 from Mary Smith's inheritance and $29,000 in cashed in CDs.

"As soon as the bail-out hit, I cashed in my CDs and put the money in a safe in my house. I did not sell pot to get it. But turns out my money was not safe. They stormed in here and turned our world upside down. I thought I was legal." [IndyBay]

This is the real war on drugs. Itâs not some magic formula that only screws over bad people. The drug war proliferates injustice everywhere it goes.

Another Sign That Medical Marijuana Laws Are Working

Regulating medical marijuana under state law makes it possible for police to protect private property:

Mendocino County sheriff's deputies arrested eight Sacramento-area men Friday on suspicion of robbing at gunpoint a Laytonville man who grew marijuana in his garden for medical use.

The men, who range in age from 18 to 24, are from Citrus Heights, Elk Grove and Sacramento, and are facing armed robbery and conspiracy charges. [Sacramento Bee]

Itâs nice to see police helping patients and turning their attention towards real criminals.

Jurors Fight Back Against the War on Medical Marijuana

Further proof that railroading medical marijuana defendants in federal court has consequences:
Two jurors who convicted two Modesto men of running a criminal enterprise in connection with a medical marijuana dispensary want the defendants to get a new trial.

Jurors Craig Will of Twain Hart and Larry Silva of Tollhouse say they wouldn't have found the men guilty had they known the penalty was 20 years to life in prison.

They said a story in the San Francisco Chronicle about medical marijuana led them to believe the crimes weren't that serious.

Ricardo Ruiz Montes and Luke Scarmazzo are scheduled for sentencing Sept. 15 in U.S. District Court in Fresno. Their attorneys also will argue a motion for a new trial. [San Francisco Chronicle]

It is just an inescapable reality that these medical marijuana show trials infuriate jurors and provoke bad press. After suffering multiple humiliations in their years-long crusade against Ed Rosenthal, youâd think federal prosecutors would have cut this charade out already:

Rosenthal was convicted of violating federal drug laws, but seven of the 12 jurors said afterward that their verdict would have been different if they had been allowed to consider evidence about the medical use of the marijuana and Rosenthal's status as an agent in the Oakland program. They requested leniency for Rosenthal.
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Last April [2006], the Ninth U.S. Circuit Court of Appeals in San Francisco said in a 3-0 ruling that Rosenthal was entitled to a new trial because one of the jurors improperly sought outside advice about the case. [San Francisco Chronicle]

5 years after his arrest, Rosenthal was given a 1-day sentence, time served. Thatâs what happens when federal prosecutors turn the law into a political weapon, perverting justice to the point that they themselves become the enemy in the eyes of the jury. First Rosenthalâs jurors lobbied for leniency, until one eventually confessed to misconduct and provoked a retrial.

Thatâs what you get when the drug war divorces itself from public morality. The American people donât believe in criminalizing medical marijuana providers and they cannot be counted upon to cooperate cheerfully with political prosecutions. If anyoneâs been wondering why the DEA doesnât go ahead and try to take down every dispensary in California, well, now you know.

Palin Pick Makes Medical Marijuana a Problem Issue For McCain

We know she used marijuana when it was legal in Alaska. And we know that she hypocritically claims to oppose legalization. But Sarah Palin is also governor of a state thatâs had a medical marijuana program for ten years. How does she feel about that?

Does Sarah Palin share John McCainâs open hostility towards seriously ill patients who use marijuana on the advice of their doctors?

Frankly, I highly doubt Palin agrees with this. Itâs bad politics for her in Alaska and, for that matter, everywhere else as well. If pressed, sheâll be forced to take the party line, but that wonât go well for her. Palin canât conveniently defend federal supremacy over state medical marijuana laws because sheâs already argued that her own past marijuana use was legal in Alaska. She canât defend medical marijuana raids without labeling herself a criminal.

The point isnât that thereâs anything damaging about her admitted marijuana use or that people who admit trying marijuana become obligated to support medical access. Neither is true. The point, rather, is that Palinâs personal story highlights the absurdity of bureaucrats in Washington, D.C. telling people all the way up in Alaska what sorts of petty drug laws they ought to have. She doesnât want to go there. Itâs a terrible jumping-off point for initiating a defense of federal authority to arrest sick people.

Thatâs why the Obama campaign would be smart to apply pressure here. Public support for medical marijuana is overwhelming and the video of McCain literally turning his back on a wheelchair bound patient is compelling. This debate polarizes independent and libertarian voters in Obamaâs favor, while forcing McCain to defend another unpopular Bush policy. Bidenâs obnoxious drug war background also becomes a counterintuitive asset, as he can ably deflect any shrill attacks from the law & order crowd on the right.

As the democrats clamor for opportunities to puncture the narrative of McCain/Palin as a "reform" ticket, there is nothing to lose, and potentially much to gain by directly challenging McCainâs deeply unpopular views on medical marijuana.

(This blog post 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.)

How Much More Public Support Does Medical Marijuana Really Need?

CNN hosted an interview with House Speaker Nancy Pelosi on Wednesday which featured democratically elected questions courtesy of the popular website Digg.com. Unsurprisingly, one of the top questions was about marijuana policy reform. Here is her response (itâs the 3rd question):

Obviously, Pelosi is very supportive of medical marijuana and despite her pessimism about achieving full-scale legalization, she didnât actually say she opposed it. Ideologically, Iâd have to say this was pretty good coming from the Speaker of the House. But, as Paul Armentano points out, Pelosiâs advice to supporters of medical marijuana just doesnât add up. She laments Congressâ intransigence on the issue and encourages constituents to contact their representatives, as though this is all just a matter of showing politicians where the people stand.

Alas, we kinda tried that already. Public support for medical marijuana has been overwhelming for a long time. Reformers are 9-1 when it comes to passing state-level medical marijuana laws at the ballot box. State legislatures in Hawaii, New Mexico and Rhode Island have passed laws to protect patients, drawing praise from constituents. The only memorable instance of a politician being damaged for his position on medical marijuana involved Bob Barr, who lost his House seat following attacks for opposing medical marijuana. Heâs come around since then.

What, other than legalizing medical marijuana in a dozen states, could the people possibly do to show the politicians in Washington, D.C. that weâre serious about this? You want us to go legalize medical marijuana everywhere else in America? Weâll do it. You want more research proving that it works? Let us know when youâre done reading what weâve already given you, and weâll gladly send the rest. Worried about the message to young people? Teenage use is down in states with medical marijuana laws.

You see, our feet are tired. Our throats are hoarse. Our keyboards are cracking, our sharpies are dry and weâre almost out of posterboard. With all of that in mind, Nancy Pelosi, since you do agree with us and youâre the Speaker of House now, we were hoping there might be something else you could do.

New Medical Marijuana Regulations Are a Good Thing

Bruce Mirken at the MPP Blog points out this observation from the LA Times:

Most of the negative consequences can be attributed to the gap between state and federal marijuana laws. The fact that even sellers considered legitimate by the state can be prosecuted and ruined by federal agents encourages black-market dealers, who endanger their communities by ignoring fire codes, selling to healthy minors and fighting turf wars with other dealers.
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Overall, Proposition 215 has done more good than harm. In addition to marijuana's medical benefits, its legitimate sale brings in $100 million a year in tax revenues, and even though it can be abused by users, it isn't demonstrably more dangerous to society than tobacco and alcohol. The state's new guidelines will help reduce the measure's harmful side effects, but the only long-term solution is for the feds to stop the medical marijuana raids and leave California law enforcement to California officers.

The longer Californians live under Prop. 215, the clearer that central point becomes. Federal interference is the obvious remaining source of chaos in Californiaâs medical marijuana economy. Once that obstacle is removed, everything else will fall into place. By developing formal guidelines for legally providing medical marijuana, Attorney General Brown has taken an important step towards further legitimizing medical marijuana distribution.

Of course, the flipside is that the new regulations will give local police more leverage to go after dispensaries that donât follow the guidelines. Providers will be required to operate on a "not-for-profit" basis, which means "reinvesting excess revenue (after salary and overhead) in patients services for members, advocacy for patients, or other typical nonprofit activity."

It will be interesting to see how all of this unfolds and I imagine there will be problems, but Iâm not sure the San Francisco Chronicle quite understands what this is all about:

California Attorney General Jerry Brown has ordered a crackdown on medical pot clubs that are selling the drug for big profits.

The move puts the state a bit more in line with the feds in dealing with the explosion of questionable marijuana dispensaries since the passage of Proposition 215 more than a decade ago.

The single most important thing to understand about the new regulations is that they forbid police from disrupting legitimate medical marijuana activity as authorized under Prop. 215. To say that this somehow brings the state "a bit more in line with the feds" is dubious since federal law prohibits any medical marijuana distribution whatsoever. Since the DEA has often claimed that their enforcement is focused on operations that violate California law, the new regulations could effectively render DEAâs involvement obsolete, while protecting any provider with enough common sense to follow the guidelines.

So while the new rules are likely to create problems for some participants in the medical marijuana economy, the overarching concept behind all of this is that Californiaâs medical marijuana laws should be enforced by Californiaâs police, not the DEA. It is a necessary step towards further legitimizing medical access in the years to come.

California Attorney General Tells Police to Uphold Medical Marijuana Laws

Ten years after the passage of Proposition 215, California Attorney General Jerry Brown has finally clarified that law-enforcement must respect the stateâs medical marijuana law:

California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law.
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The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law. [Americans for Safe Access]

While Prop. 215 has gone a long way towards protecting the medical marijuana community from harassment by state law-enforcement, there have been continuing regional problems such as unjustified confiscation of medicine. The new guidelines should remind police that their duty is to uphold the law, not circumvent it.

California Legislature Passes Employment Rights Bill for Medical Marijuana Patients

This is big news:

Sacramento, CA -- A medical marijuana employment rights bill, which would protect hundreds of thousands of medical marijuana patients in California from employment discrimination, passed the State Senate today. AB2279 had already passed the State Assembly in May, which means the bill now heads to the Governor's desk. Advocates expect the bill to reach Schwarzenegger's desk in the next few weeks.

AB2279, introduced in February by Assemblymember Mark Leno (D-San Francisco) and co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori SaldaÃ±a (D-San Diego), reverses a January California Supreme Court decision in the case Ross v. RagingWire. Support for the bill has been widespread, coming from labor, business, and health groups at the local and national level. [Americans for Safe Access]

Ten years after the passage of Proposition 215, medical marijuana hasnât lost any support in California. Even the state legislature is standing up for patients' rights, as well it should. How embarrassing this must be for those who claimed that medical marijuana was a threat to public safety. Californians are pleased with their medical marijuana law, despite unwelcome inference by the federal government. It is just beyond dispute at this point that allowing patients with a doctor's recommendation to obtain medical marijuana doesn't cause any significant social problems. We can see with our own eyes that the sky has not fallen.

Now it is up to Governor Schwarzenegger to do the right thing and sign this commonsense bill into law. He's already bowed disgracefully to federal pressure by vetoing a sensible and completely harmless bill to legalize hemp cultivation, so there's good reason to question his judgment. On the other hand, this bill is about the basic employment rights of people treating medical conditions according to the advice of their doctors. A veto would not be well-received by the people of California. Let's hope the Governator knows what's good for himself and his constituents.

This is an easy one. Don't let anyone try to make it complicated.

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