Personal Marijuana Use

Tom Ammiano addressing the conference

California Assemblyman Tom Ammiano (D-SF), the author of California's marijuana legalization bill, is not just a serious guy, he's a seriously funny guy, and Ammiano's comedic talent was on full display Saturday afternoon as he closed out the first full day of the Students for Sensible Drug Policy (SSDP) conference at the Fort Mason Center in San Francisco. After a long day of grueling panels on medical marijuana, psychedelics, state and local drug reform, the Mexican drug war, marijuana legalization, and harm reduction, among others, a taste of Ammiano was just the thing to revive flagging student activists. Mixing earthy language and humor, the openly gay Ammiano sketched the intertwined history of gay activism, the AIDS crisis, and medical marijuana in the Bay Area, and he didn't let party loyalty get in the way of telling it like it was. "Bill Clinton was shit on this issue," he said. "He put out that edict that doctors couldn't prescribe it," referring to the Clinton administration's effort to try to intimidate doctors by threatening to jerk their DEA licenses to prescribe drugs if they recommended medical marijuana to patients. "That's not an adult way to deal with an issue, and it's certainly not a statesman-like way." The administration lost that one in the Supreme Court. Ammiano was a bit kinder to the current White House occupant. "In terms of Obama," he said, "the messaging is good, but it's sometimes contradictory. Still, history isn't always linear. But I'm here to tell you this movement has never been stronger; we've never been on the cusp in such a pronounced way." Mentioning the Tax and Regulate Cannabis 2010 initiative that will in all likelihood be on the California ballot in November, Ammiano said he was working closely with initiative organizers and that their efforts were not competitive, but complementary. He also unleashed a bit of pot humor, noting that 57 people had signed initiative petitions twice. "You can imagine what they were doing just before that," he said before switching into a stoner voice. "Dude, let me sign this again to make sure it passes," he role-played to gales of laughter.

	students and others attending Ammiano talk

Regarding his bill's prospects in Sacramento, the dapper and diminutive Ammiano reported that there is a lot of sympathy, even among conservatives, but many are still afraid to say so out loud or to vote yes for the record. "If we voted in the capitol hallways, we'd be home free," he said, before engaging in a replay of dialogues he's had with other lawmakers. "They come up to me and say, 'Man, I used to smoke that shit in college, let's tax the hell out of it.' And I'd say, 'Are you with me then?' and they'd say, 'Oh, no, man, I can't do that.'" Ammiano also mentioned Barney Frank's federal decriminalization bill. "I guess it's a queer thing," he said, mincing mightily and pretending to swoon over Frank. "You guys ought to get married," someone yelled from the audience to more laughter. Ammiano predicted victory -- if not this year, soon. "We have a strategy," he said. "We have our shit together, boys and girls, and that's something they're not ready for." And then he was gone, leaving an appreciative audience reinvigorated, still laughing, and clapping wildly. There is much more to report about on the SSDP conference. Look for a feature article on it sometime this week. in the exhibitor space

Idaho has some great scenery and some great skiing, it has the Snake River Canyon, and it has a huge knot of mountains in the middle of the state that are very appealing to those who like rugged, isolated beauty. I had intended to explore them this summer, but I've changed my mind. And this story is the reason why:

Medical Marijuana Defense Falls Flat REXBURG — The Fremont County prosecutor says a drug bust in Island Park illustrates that claiming a medical use of marijuana with a certificate from another state won't help you in Idaho. Aurora M. Hathor-Rainmenti, 35 , of Garberville, Calif., was arrested Friday after she was stopped for speeding near Mack's Inn. Fremont County deputies found a baggy containing marijuana in her car with the help of a drug dog. Hathor-Rainmenti was charged with one count of possession of marijuana and two counts of possession of drug paraphernalia, all misdemeanors. Fremont County Prosecutor Joette Lookabaugh said Hathor-Rainmenti said she had a certificate from the state of California allowing for medical use of marijuana. "We want the public to know that medical marijuana certificates, even if they're from surrounding states, are not honored in Idaho," Lookabaugh said.

Okay, I understand this. Idaho is under no obligation to honor a medical marijuana card from a different state. Medical marijuana users be forewarned: If you're headed for benighted redneck country, don't expect your card to protect you. There is, however, no suggestion that Hathor-Rainmenti is anything other than a legitimate medical marijuana patient. Still, the local prosecutor takes the opportunity to pile on the charges: Not only does she get a pot possession charge, she also gets two paraphernalia charges (did she have two rolling papers, or what?). Absolutely typical, of course, and absolutely disgusting. Just another way for prosecutors to stack the deck. And not limited to Idaho. Similarly, a judge in Idaho, if he had an ounce of compassion in his body, could take her medical marijuana patient status into account during sentencing. There is no sign he did that:

On Monday Hathor-Rainmenti pleaded guilty to the possession charge and one of the possession of paraphernalia charges. The other paraphernalia charge was dropped. She was sentenced to five days in jail, with 115 days at the discretion of the court along with an $800 fine.

Nice. Throwing a patient in jail for a victimless crime—and rip her off for $800. Remember, she was not charged with drugged driving—and you better believe she would have been had there been the least suggestion she was impaired. Okay, the sentence was ugly and reprehensible, but still nothing unusual in the fascistoid heartland. But here's the kicker; here's what's got me thinking boycott:

In addition, there is a civil forfeiture under way on the borrowed car Hathor-Rainmenti was driving, as well as on the $514 in cash that was confiscated during the arrest.

Say what?!?! Asset forfeiture laws are supposed to be directed at people getting rich from selling drugs. They're problematic enough in that regard, since they create an incentive for cops to trawl for cash, distorting law enforcement priorities in the constant search for the next big score—with the loot typically used to pay for more cops and more drug dogs to find more cash to seize to pay for more cops and more drug dogs and…In short, they are little more than a form of institutionalized, legalized corruption. But Hathor-Rainmenti only had a bag of weed. She was not charged with drug distribution. And the state of Idaho is going to steal her car and every penny she had on her? This is nothing but robbery under color of law. This is the criminal justice system as organized thuggery. The thieving state of Idaho can go to hell. I am sick to death of this sort of crap. It happens all the time, and not just in Idaho. But we have to start somewhere, and that's why I'm suggesting that perhaps a boycott is in order. Idaho is a relatively small state in terms of population, and it is highly dependent on tourism. In other words, it's vulnerable. I am aware that boycotts are a blunt instrument that may not directly harm the people they are aimed at—the cops who make the busts, the prosecutors who try to hammer good people down, the judges who routinely impose such obscene sentences, the politicians who write the laws. But if the ski resorts in Sun Valley or the river guides and hotel owners along the Snake River Valley start seeing cancellations, perhaps they will be motivated to start putting some money into campaigns to end this evil. To be honest, I'm getting frustrated with playing games with state legislatures and I'm thinking it's time for some creative direct actions. We can spend years at the statehouse only to win a piddling decriminalization bill. Whoopee! Now you can only steal my stash and a few hundred of my hard-earned dollars instead of stealing my stash and my money and giving me a criminal record and some jail time. That is progress of a sort, but not nearly enough. Ditto with medical marijuana. Why is it that it seems like every new medical marijuana law is more restrictive than the last? Pretty soon we're going to end up with a medical marijuana law somewhere where you have to be dead already to qualify. So…what about an organized boycott of Idaho, for starters? Would medical marijuana defense groups like Americans for Safe Access get on board with that? Why or why not? What about NORML and the Marijuana Policy Project? Or the Drug Policy Alliance? Just the announcement of a boycott ought to start a real ruckus among the good burghers of Boise. There are 20 million or so pot smokers in the US, and they have friends and families. We are talking about tens of millions of people who could potentially participate. It could even have a real economic impact, and if that's what it takes to beat some sense into these yahoos, so be it. Individuals could do their part by writing letters to the state and local chambers of commerce, to the state tourism bureau, and to state newspapers explaining why they are going elsewhere this year. Reservations could be made and then canceled. Let 'em feel the pain. As I've said, I'm getting really tired of progress by the millimeter. I'm open to some creative tactics. A directed boycott is one of them. Here's another one: The drug defense bar grows rich defending pot people. How about after charging us $5,000 to show up in court and cop a guilty plea and $15,000 to pursue an appeal on constitutional grounds a few hundred times, you give back to the community you grow rich off of? How about a group of you picking a particular egregious locality and pro bono defending every drug case like you meant it? I mean filing motions, going to trial, no plea bargains, demanding jury trials, the works. You could probably freeze the system in a few weeks. Yeah, I know there are issues, but we could work them out. Sure, things like boycotts and forcing the criminal justice system are messy and difficult. But in the meantime, the wheels of injustice keep grinding away, chewing up our people in the process. Anybody got any better ideas? Do we begin with boycotting Idaho? Count me in.

John J. Dilulio Jr. once coauthored a 1996 book entitled Body Count: Moral Poverty...And How to Win America's War Against Crime and Drugs. The other two authors were Bill Bennett and John Walters, both former drug czars and infamously rabid prohibitionists. I haven't read the book, but I'm sure it's a thick serving of ugly drug war propaganda.

And I'm sure it sounds nothing like what Dilulio wrote this month in Democracy Journal:

… legalize marijuana for medically prescribed uses, and seriously consider decriminalizing it altogether. Last year there were more than 800,000 marijuana-related arrests. The impact of these arrests on crime rates was likely close to zero. There is almost no scientific evidence showing that pot is more harmful to its users’ health, more of a "gateway drug," or more crime-causing in its effects than alcohol or other legal narcotic or mind-altering substances. Our post-2000 legal drug culture has untold millions of Americans, from the very young to the very old, consuming drugs in unprecedented and untested combinations and quantities. Prime-time commercial television is now a virtual medicine cabinet ("just ask your doctor if this drug is right for you"). Big pharmaceutical companies function as all-purpose drug pushers. And yet we expend scarce federal, state, and local law enforcement resources waging "war" against pot users. That is insane.

Well, it certainly is and Dilulio deserves credit for his candor, particularly given the likelihood of hugely pissing off his former colleagues (not that they don't deserve it). I hope we hear more from him, both because there's nothing more powerful than former drug warriors speaking out for reform, and because I'm just intensely curious if there were specific events or observations that triggered the evolution of his thinking on these issues.

Moments like this illustrate something powerfully important: any of our opponents could come around at any time. Most won't, and predicting who will is probably impossible, but recognizing that any of these people could potentially end up on our side someday is instructive in terms of how we might choose to interact with them on the rare occasions that big-time drug warriors emerge from their bunkers for public engagement.

It's so easy to just hate the hell out of these people that want to put us in jail, that lie reflexively and professionally, and that preside over monumental injustices with smug callousness. But we have nothing to gain by loathing them and much to lose if our frustration betrays opportunities to build bridges that could one day foster further defection from the ranks of the great drug warrior army.

As the war on drugs continues to cascade out of favor with academics, politicians and the public, those whose careers have been defined by defending it will suffer the greatest disillusionment and may soon crave the embrace of the kind, generous and forgiving people they spent so many years trying to destroy. It would serve our interests well to make it clear that they are always welcome among us.

The New Hampshire House Wednesday voted 214-137 to decriminalize the possession of small amounts of marijuana, but the measure faces an uncertain future after Gov. John Lynch (D) immediately threatened to veto it. The House tally leaves supporters about 20 votes short of a veto-proof majority. Under the bill, HB 1653, adults caught possessing or transporting up to a quarter-ounce of pot would be subject to a $400 fine. Minors caught with a quarter-ounce or less would be subject to a $200 fine and their parents would be notified. Youthful offenders would also have to complete a drug awareness program and community service within a year or face an additional $1000 fine. Under current New Hampshire law, small-time pot possession is a misdemeanor punishable by up to a year in jail and a $2,000 fine. The House passed a similar measure in 2008, but it died in the Senate after Gov. Lynch threatened to veto it. Last year, the House dropped decrim and instead concentrated on passing a medical marijuana dispensary bill. Lynch vetoed that. The House overrode his veto, but the Senate came up two votes short. Lynch was back in form on Wednesday. "Marijuana is a controlled drug that remains illegal under federal law. I share the law enforcement community's concerns about proliferation of this drug," Lynch said. "In addition, New Hampshire parents are struggling to keep their kids away from marijuana and other drugs. We should not make the jobs of parents — or law enforcement — harder by sending a false message that some marijuana use is acceptable." “This makes three years in a row that the House has passed a bill attempting to reform New Hampshire’s archaic marijuana policies,” said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy, which led the lobbying fight for the bill. “Unfortunately, Gov. Lynch has continued to show little interest in learning what the House has learned about these issues. The bill now goes to the Senate. But unless advocates can pass it overwhelmingly there and come up without another 20 or so votes in the House, it is likely to meet the same fate as the 2009 decrim bill and last year's medical marijuana bill.

As more states begin to consider reforming marijuana laws, legislators are struggling to sort fact from fiction in the marijuana debate. Fortunately, we've already made enough progress that we have plenty of practical experience studying the impact of marijuana reform.

Our friends at NORML have compiled this useful and revealing information in a new report, Real World Ramifications of Cannabis Legalization and Decriminalization. It's an excellent resource that ought to help any reasonable person understand why ending marijuana prohibition will make the world a better place.

Via Radley Balko, here's a perfect example of routine policing in the war on drugs. If it sounds supremely pathetic, that's because it is:

Another tip from a watchful citizen early Tuesday morning brought the Greensburg Police Department closer to exterminating the drug problem in the city.
…

The caller advised that there was suspicious activity, strange noises and unusual odors coming from the apartment. When GPD officers arrived, the strange smell was identified as "burnt marijuana," Chief Heaton reported.

After identifying the apartment that was emitting the odors, the GPD attempted to make contact. But inside the apartment, no one answered.

Working quickly to establish probable cause, the officers sought to obtain a search warrant from the office of the Decatur County Prosecutor.

In the interim period before the warrant was granted, the GPD kept a secure perimeter around the residence, making sure that no one went in or out of the apartment, Chief Heaton explained.

"It definitely tied up our units (for about two hours)," Heaton said.

The search warrant was secured and served at 1:23 a.m. Tuesday. Upon gaining entry to the apartment, the police found marijuana and proof of marijuana consumption and the five suspects were arrested. [Greensburg Daily News]

What a horrible place Greenburg, IN must be if the police have nothing better to do than this and the newspaper has nothing better to do than report every agonizing detail of it. The whole thing is so impressively lame, I can hardly believe I'm reading it. Good luck "exterminating the drug problem" in Indiana's most boring city.

One of the most embarrassingly mindless trends in the mainstream media's marijuana reporting is that of publishing one redundant story after another about the explosion of illegal outdoor cultivation in our national parks, while failing entirely to diagnose why it's happening and how it might be prevented: 

Pot has been grown on public lands for decades, but Mexican traffickers have taken it to a whole new level: using armed guards and trip wires to safeguard sprawling plots that in some cases contain tens of thousands of plants offering a potential yield of more than 30 tons of pot a year.

"Just like the Mexicans took over the methamphetamine trade, they've gone to mega, monster gardens," said Brent Wood, a supervisor for the California Department of Justice's Bureau of Narcotics Enforcement. He said Mexican traffickers have "supersized" the marijuana trade. [AP]

This Associated Press report is over 1,200 words long, yet does not contain one single idea for addressing the problem. Not even a stupid hopeless drug war idea like "we need more funding for eradication," or "we need to get everyone to stop using marijuana." Apparently, the AP is simply content to point out to us that our most precious natural resources are being slowly destroyed by Mexican marijuana cartels and there isn't a damn thing anyone can do about it.

But, of course there is. Illegal outdoor marijuana growing will immediately end the instant it becomes legal for Americans to grow their own marijuana on private property. People don't plant pot in remote wilderness because they like to go hiking. The reason they do it is obvious, but not so obvious that the AP should be forgiven for writing so much without mentioning it.

Marijuana is illegal and until that changes, the problems associated with it will get worse every year. Keep that in mind. As devastating as our marijuana laws are today, they are actually causing greater and greater harm the longer they continue.

When a mysterious package of marijuana arrived at the home of Berwyn Heights Mayor Cheye Calvo, police arrived moments later and murdered his dogs in a horrible botched drug raid. He was completely innocent, and now other innocent people who receive suspicious packages have to worry about being victimized by law-enforcement:

Sloan and Anderson have a German shepherd named Cheyenne. Sloan said the Berwyn Heights fiasco sprang to her mind the instant her husband told her about the coffee grounds.

"Before he even looked in to see what kind of drugs they were, I called 911," she said. "I told them exactly what was going on. I'm like, I don't want them coming through my door with guns drawn, because I love my dog." [Washington Post]

It's just so tragic that anyone would even have to worry about such a thing. Every single element of this problem is a symptom of prohibition, from the smuggling technique of intercepting packages at random addresses all the way up to the violent raids and dog killings that occur when police crash into private homes with big guns and no proof of guilt. It's a dreadful situation and no one is safe from it.

For more on the horrors of paramilitary policing, here's an interesting piece from Radley Balko and some disturbing news from Pete Guither.

Via The Agitator, here's another vexing example of the inherent hypocrisy of performing heavily armed SWAT raids in the name of protecting the public:

Police arrested Jonathan E. Whitworth, 25, of 1501 Kinloch Court on Feb. 11 on suspicion of possession of drug paraphernalia, possession of marijuana and second-degree child endangerment.
…
SWAT members encountered a pit bull upon entry, held back and then fatally shot the dog, which officers said was acting in an uncontrollably aggressive manner.

Whitworth was arrested, and his wife and 7-year-old son were present during the SWAT raid, Haden said. A second dog, which Whitworth’s attorney Jeff Hilbrenner described as a corgi, also was shot but was not killed. [Columbia Tribune]

So this guy is charged with child endangerment for possessing a misdemeanor amount of marijuana, yet police are free to enter private homes and shoot the family pets right in front of innocent children. It seems the only thing dangerous about a small bag of weed is that police might get the mistaken idea that you're a major supplier and raid your home with guns blazing.

As safe as marijuana is, it would be a hell of a lot safer if the cops didn't do these kinds of things.

If anyone hasn't heard yet about the exciting new drug that's just like pot, but won't make you fail a drug test or get you arrested, they're about to find out. The hype surrounding synthetic marijuana products, commonly known as Spice or K2, is growing and it's just a matter of time before the national hysteria kicks into full gear.

This isn't the fake pot sold in High Times that doesn't get you high, and it's not Salvia that gives you terrifying hallucinations. Its effects are mild, pleasant, and remarkably familiar to the millions of Americans who already enjoy marijuana. This is the closest thing to legal marijuana anyone's ever seen in most parts of the country, and I have a feeling we're going to be talking about it a lot this year.

Unfortunately, Spice's appeal could quickly become its downfall, given the strange drug war rule that a substance must be bad if it makes people feel good. Wouldn't it be nice if we could have a serious conversation about sensible regulations instead of the frenzied panic we've all come to expect when a new drug makes headlines?

"A 10-year-old child could walk into a head shop and buy it," said West Plains Detective Shawn Rhoads. "It's not a tobacco, it's not regulated by anything. It would be like sending my 10-year-old son into Wal-Mart to buy potpourri." [AP]

It really shouldn’t be necessary to explain that nobody's selling Spice to children, but yes, there is a need for new policies to clarify where and to whom this product should be made available. We have an opportunity to make smart choices about how to deal with this, and we can't let the predictable anxieties of cops and legislators trainwreck the process through premature prohibition.

Research into the drug's effects and possible risks is critical to protecting public health, but it's also an essential prerequisite to any discussion of making this illegal across the board. It's incredible that we've already got legislators in two states making moves to put people in jail over this stuff and they have no clue whether it's even remotely dangerous. Can't we at least indulge the pretext of some sort of scientific process here?