The Marijuana Industry Pleads With Congress

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The House Budget Committee isn’t the most august room in Congress, but it commands respect, what with its oil portraits of former chairmen including Leon Panetta, who went on to be Defense Secretary and CIA director.

But it was the site on Tuesday of a briefing by the National Cannabis Industry Association, which you can think of as the pot trade group. So it’s probably not surprising that one of the questions asked of Rep. Jared Polis, a Colorado Democrat leading the fight for reform of federal marijuana laws, was how many of his colleagues smoked pot.

Five or 10, he guessed. But he noted he’d never seen any smoke. And besides, since the House is made up of so many old members, the number was bound to be small.

It’s a sign of how far the cannabis industry has grown that their leaders are here in Washington, chatting up reporters and fanning out to meet their representatives the same way, say, onion growers might. With marijuana decriminalized in Washington state and Oregon and medical marijuana allowed in 20 other states and the District of Columbia, those who sell and distribute legal weed need a voice in Washington where any number of laws and regulations still treat them like outlaws.

For instance, because of laws designed to keep drug cartels from protecting their financial assets, it’s almost impossible for cannabis dealers to use regular banks for their business, forcing them to carry around bundles of cash as if they were, um, drug dealers.

What’s worse, some dispensaries have had to segregate their cash so it doesn’t smell like pot. Making payroll, buying goods from suppliers, all with cash, is like something from the Middle Ages. The Obama administration has tried to ease some federal banking regulations, but it’s not clear whether that’ll be enough to convince skittish banks — loathe to run afoul of Dodd-Frank, let alone this — to let cannabis dealers open checking accounts or give them loans.

To boot, cannabis dealers are not allowed to deduct their business expenses because of IRS regulations aimed at drug dealers. With an effective tax rate that can run as high as 85 percent, the cannabis industry has won the support of Grover Norquist’s Americans for Tax Reform, which has joined in the fight to repeal the regulation. Any number of other laws are keeping cannabis dealers in the doghouse even as voters have made their voices clear across the country.

While public attitudes about marijuana have moved sharply in recent years — as a group, only voters over 65 believe it should remain illegal — the political climate hasn’t caught up with public opinion. Only a modest number of Congressmen have instituted support for the many bills and laws aimed at treating cannabis sales like any other business.

One of them is Dana Rohrabacher, one of President Ronald Reagan’s White House speechwriters, who represents the beautiful coastline of southern Orange County, Calif. (The Oliver Stone drug movie, Savages, was set in Laguna Beach, part of Rohrabacher’s district.)

Rohrbacher is a longtime surfer, even at age 66, a firebrand conservative and an outspoken critic of “communist China,” who suggested this week that Obama could be impeached over executive actions on health care and immigration. Still, criminalizing marijuana, Rohrbacher said, “is an absolute waste.” He added: “What is freedom all about? It’s about your right to make decisions.” But he concedes his colleagues will likely prove slow to embrace an issue they think would hurt them politically.

To help soften the mood on Capitol Hill, the cannabis trade association asked Celinda Lake, a Democratic pollster, to test public attitudes about marijuana. She found a widespread and growing acceptance of pot legalization, one reflected in other polls and also in popular culture where stoner comedies are blockbuster movies.

The data, though, show that the same forces that suggest the Democrats will do poorly in the midterm elections in November — low turnout among all groups save for the elderly, who lean right — create a climate that could spook some Congressmen from backing a change in the marijuana laws.

Asked if his GOP colleagues might be sympathetic to the argument, Rohrabacher says his fellow Republicans would favor pot reform if it were a secret ballot. Getting them out in the open won’t be easy.

Source: Newsweek (US)
Author: Matthew Cooper
Published: March 14, 2014
Copyright: 2014 Newsweek, Inc.
Contact: [email protected]
Website: http://www.newsweek.com

Colorado Marijuana Taxes Net State $2 Million

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Colorado made roughly $2 million in marijuana taxes in January, state revenue officials reported Monday in the world’s first accounting of the recreational pot business.

The tax total reported by the state Department of Revenue indicates $14.02 million worth of recreational pot was sold. The state collected roughly $2.01 million in taxes.

Colorado legalized pot in 2012, but the commercial sale of marijuana didn’t begin until January. Washington state sales begin in coming months.

The pot taxes come from 12.9 percent sales taxes and 15 percent excise taxes. Voters approved the pot taxes last year. They declared that the first $40 million of the excise tax must go to school construction; the rest will be spent by state lawmakers.

Colorado has about 160 state-licensed recreational marijuana stores, though local licensing kept some from opening in January. Local governments also have the ability to levy additional pot sales taxes if they wish.

Monday’s tax release intensified lobbying over how Colorado should spend its pot money. Budget-writers expect the nascent marijuana industry to be extremely volatile for several years, making lawmakers nervous about how to spend the windfall.

Budget-writing lawmakers joke that plenty of interests have their hands out to get a piece of the pot windfall.

Gov. John Hickenlooper has already sent the Legislature a detailed $134 million proposal for spending recreational and medical marijuana money, including new spending on anti-drug messaging to kids and more advertising discouraging driving while high.

State police chiefs have asked for more money, too.

“The whole world wants to belly up to this trough,” said Sen. Pat Steadman, a Denver Democrat who serves on Colorado’s budget-writing Joint Budget Committee.

Other countries also are watching Colorado, which has the world’s first fully regulated recreational marijuana market. The Netherlands has legal sales of pot but does not allow growing or distribution. Uruguay’s marijuana program is still under development.

Colorado’s pot revenue picture is further complicated by the state’s unique budget constraints, known as the Taxpayers’ Bill of Rights.

The Bill of Rights not only requires voter approval for tax increases, it limits budget-writers when those taxes earn more than the figure posed to voters. Last year’s pot vote guessed that the taxes would produce $70 million a year, and it’s not clear what lawmakers can do with tax money that exceeds that figure.

Colorado’s JBC plans a Wednesday briefing with lawyers to lay out their options for spending pot taxes beyond $70 million.

“There probably is a tendency to want to just grab on to this revenue from marijuana and feed my own pet projects, and I don’t think it’s going to be that simple,” said Sen. Kent Lambert, R-Colorado Springs and another JBC member.

Colorado’s 2014-15 budget is under debate now and does not include any anticipated recreational marijuana taxes.

Source: Associated Press (Wire)
Published: March 10, 2014
Copyright: 2014 The Associated Press

CNN’s Gupta To Drop Another MMJ Bombshell Tonight?

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He rocked the medical-marijuana world last year and drew attention from Congress when he apologized for giving short shrift to medical marijuana. At 10 p.m. Tuesday, CNN medical correspondent Dr. Sanjay Gupta will be at it again, airing “Weed 2,” his second, hour-long special on the health benefits of cannabis.

Michigan’s medical-pot advocates say it could be a second bombshell in the national debate on pot. “We think it’ll be another big deal across our country, and hopefully even in other parts of the world where they are thinking about changing their laws,” said Heidi Parikh of Romulus, founder of the Michigan Compassion education groups that meet in Royal Oak and Southgate.

Gupta, who grew up in Novi and graduated from the University of Michigan School of Medicine, will narrate the show, which will include sick youngsters and their parents struggling to obtain cannabis against legal barriers placed by state and federal authorities.

“If you want to understand the science, this is something you’ll want to watch,” Gupta told the Free Press on Monday. “The drug continues to be unfairly rejected by most of the American medical establishment and by government drug regulators,” he said.

“My sense as a doctor is that people have an option now, something that actually was an option up until the 1940s (when the federal government made marijuana illegal).

“There’s a lot of evidence now that this not only works for many ailments but it often works where nothing else has,” he said. The show will discuss how cannabis can ease symptoms of epilepsy, multiple sclerosis, arthritis, cancer and other diseases.

As a father as well as a brain surgeon and medical professor, Gupta said he remains opposed to exposing young people to marijuana. And he hedged when asked about legalization for recreational use, calling that an issue for a future show. But he said medical cannabis clearly has a key role to play in seizure disorders, the safe alleviation of pain and numerous other health applications.

Last week, the Medical Marijuana New Conditions Review Board in Lansing approved one new use for medical marijuana, post-traumatic stress disorder (PTSD), while denying applications that it be allowed for insomnia and bipolar disorder.

“If you look at the science, you don’t see the longer-term side effects (in adults who use marijuana) that you see in someone whose brain is still developing,” Gupta said. He said brain development is still incomplete in most young adults all the way to age 25, so marijuana and alcohol use should be strictly limited before then.

“Traditionally, we consider 21 to be the age of adulthood. But research clearly shows that our brains are still developing at 21,” he said.

Gupta said he’d reviewed reams of medical studies in preparation for the show, delving into the regulatory hurdles of getting medical marijuana accepted over the vested interests of giant drug companies, the medical colleges that teach doctors how to prescribe it, and the government regulators who are wedded to caution and the war on drugs.

Many illnesses don’t respond well to existing, FDA-approved drugs, he said.

“The American Epilepsy Foundation says there’s about a million patients out there who aren’t getting relief from their seizures,” Gupta said.

The show tells the story of many patients who had to move to Colorado to get the medical pot they need. Voters in Colorado, along with those in Washington state, voted to fully legalize marijuana last year.

“We’re all very excited” about Gupta’s second show, said Robin Schneider, legislative chairwoman for the Detroit-based National Patients Rights Association, an advocacy group for medical-marijuana laws.

“We thought his first show raised a lot of awareness about medical marijuana, particularly for children,” Schneider said. The timing is good because two bills that relate directly to Gupta’s program are getting fresh attention in Lansing this week, she said.

At a hearing scheduled for today, lawmakers will receive the first testimony on House Bill 4271, which would let each community in Michigan decide for itself whether to allow dispensaries where state-approved patients could buy tested medical pot, she said.

At the same hearing, lawmakers will discuss House Bill 5104, which would allow non-smokable forms of marijuana in Michigan, which are essential to treating children, Schneider said.

Source: Detroit Free Press (MI)
Author: Bill Laitner, Detroit Free Press Staff Writer
Published: March 10, 2014
Copyright: 2014 Detroit Free Press
Website: http://www.freep.com/
Contact: [email protected]

Why Wait? Fully Legalize Marijuana Now

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It’s time to get real about marijuana laws in the state of Minnesota. Passing a medical marijuana law will, in all likelihood, be the first step in total legalization of the drug for recreational use, just as it has proved to be in Colorado and Washington and soon will in California and other states.

Why not go there now? Most Americans think marijuana is a tightly controlled substance in DEA Schedule I, the most addictive class of drugs, they believe, based on good scientific and medical evidence. That couldn’t be further from the truth.

Whether the use of a drug is considered abuse or not is determined by society, not by health care professionals. Why else would tobacco and alcohol use be legal in the United States when these are both known to be harmful? In fact, the World Health Organization considers alcohol to be the most dangerous drug in the world, yet it and tobacco are completely legal to use by anyone over the ages of 21 and 18, respectively. However, go to an Islamic country and you’ll find that consumption of alcohol is considered drug abuse because society has deemed it so.

From our own country’s past we have learned that prohibition as a solution to a perceived drug problem (alcoholism) didn’t work, and we had to amend the Constitution a second time (21st Amendment in 1933) to undo the damage caused by the 18th Amendment in 1919, which prohibited the manufacture or sale of alcohol within the United States. The reason was practical. We recognized that people are willing to do almost anything to get a product they want, even if it means breaking the law.

During the 14 years of Prohibition, drinking still went on and burgeoning underground illegal sources filled the need. Actual criminals became rich, while ordinary citizens became criminals. Many hundreds of millions of dollars were spent on law enforcement to fix a problem that was unfixable. For sensible reasons, the country changed its mind on Prohibition, and alcohol became a regulated and taxable product.

During this entire time, the medical hazards of alcohol had not changed one iota. What had changed was society’s attitude toward the issue.

We are at the same point again when it comes to the use of marijuana. Poll after poll shows that a majority of Americans are in favor of legalized pot.

The major argument against legalization has always been that marijuana is a gateway drug to harder, more dangerous drugs, such as cocaine and heroin. Ask any user of those drugs what illegal drug they first used and they will tell you: marijuana. But the reverse is not true. Not every user of marijuana moves on to harder drugs. Look at it another way. Every alcoholic began by drinking socially, but only a small percentage of people who drink beer or wine or who have an occasional cocktail become alcoholics.

Another argument, the one put forth by Dr. Borchardt in a Star Tribune article (“Doctors split on medical use of marijuana,” March 4) is that it is dangerous to the developing brains of young people. I agree, and I think that — as with alcohol — the retailing of marijuana should be limited to adults over age 21. However, it should be available for younger individuals for specific medical reasons, as it appears to have at least some medical utility for a number of conditions.

I know many people will disagree with me for various reasons, including the argument that we shouldn’t legalize another “dangerous” drug; what will come next, legalization of heroin and cocaine and LSD? The reality is that someday society’s views on these drugs may change as well, and they might become legal. But I suspect that is not going to happen during my lifetime.

On the other hand, how will you deal with it if society decides that caffeine is a dangerous drug, and your daily latte becomes illegal? I guarantee you’ll be looking to get your fix from some underground, completely illicit equivalent of Starbucks and making a new group of criminals even richer.

Leonard Lichtblau is an associate professor in the University of Minnesota College of Pharmacy. The opinions expressed here are solely his own.

Source: Minneapolis Star-Tribune (MN)
Author: Leonard Lichtblau
Published: March 7, 2014
Copyright: 2014 Star Tribune
Contact: [email protected]
Website: http://www.startribune.com/

MMJ Providers Fear Effects of Wider Legalization

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There should be, one might think, a note of triumph or at least quiet satisfaction in Muraco Kyashna-tocha’s voice. Her patient-based cooperative in north Seattle dispenses medical marijuana to treat seizures, sleeplessness and other maladies. And with the state gearing up to open its first stores selling legal marijuana for recreational use, the drug she has cultivated, provided to patients and used herself for years seems to be barreling toward the mainstream.

But her one-word summary of the outlook for medical marijuana is anything but sunny: “Disastrous,” she said, standing in her shop, Green Buddha, which she fears she will soon have to close.

The legalization of recreational marijuana for adults in Washington, approved by voters in 2012 and now being phased in, is proving an unexpectedly anxious time for the users, growers and dispensers of medical marijuana, who came before and in many ways blazed the trail for marijuana’s broader acceptance.

In the 16 years since medical marijuana became legal here, an entire ecosystem of neighborhood businesses and cooperative gardens took root, with employees who could direct medical users to just the right strain; there are now hundreds of varieties with names like Blue Healer, Purple Urkle and LA Confidential, each with a variety of purported medicinal benefits. Medical users could also start gardens in their backyards and keep large amounts of marijuana at home. It was all very folksy – and virtually unregulated, which the authorities say led to widespread abuses.

Now, under pressure from the federal government, the state is moving to bring that loosely regulated world, with its echoes of hippie culture, into the tightly controlled and licensed commercial system being created for recreational marijuana, which goes on sale this summer. (The first license to grow marijuana was issued on Wednesday.) This week, the Legislature is debating bills that would reduce the amount of the drug that patients can possess or grow, eliminate collective gardens under which most dispensaries operate, require medical users (unlike recreational users) to register with the state and mandate that all marijuana be sold only by new licensees, effectively shutting down the medical dispensary system.

Proponents say the changes are needed to stamp out fraud and help ensure that Washington has a uniform system, supplying the medical products people need and want while at the same time passing muster with guidelines issued by the federal government last summer, even though marijuana remains illegal under federal law. But many medical marijuana users and dispensary owners say the rules will inadvertently discourage the legitimate use of marijuana to treat illness and pain even as science has increasingly been validating its therapeutic effects.

Trusted dispensaries will be shuttered, they contend, and choices will diminish, with the varieties that marijuana medical users prefer squeezed off the shelves by more profitable recreational varieties grown for their greater, high-producing THC content, not for headache or nausea relief. In Seattle alone, about 200 dispensaries will have to close, replaced by 21 licensed retailers, and under current state regulations, employees in those shops will not be allowed to even discuss the medical value of the products for sale.

A medical marijuana user will of course certainly be able to enter a shop and buy marijuana, just like any other adult, once the new stores are open in June, but the old system of medical advice and supply, however flawed or beloved, is over, say both critics and supporters of the new rules.

“Prepare for the end,” said Hilary Bricken, a lawyer in Seattle who works mostly with the marijuana industry, summarizing the advice she is giving her medical marijuana dispensary clients.

Washington State’s struggles – and the inevitable comparison with Colorado’s different, smoother path toward retail marijuana – are being watched around the nation, Ms. Bricken and other legal experts said.

California, for example, with a medical marijuana system far larger but otherwise similar to Washington’s in its absence of state controls, also has active voter-initiative efforts pushing toward legalization. Twenty states as well as the District of Columbia allow medical marijuana, and at least 14 more are considering some form of it this year. Oregon’s Legislature is wrestling with how to administer its dispensary system even as efforts continue to put legalization on the ballot.

Colorado avoided trouble mostly by acting early. There, state regulators stepped in with strict rules for medical marijuana long before full legalization. And after voters approved legalization in 2012, those regulated dispensaries were put first in line for licenses, forming the backbone of the new recreational market. The dispensaries had supplies of the product in the pipeline – and expertise – which is why recreational marijuana sales started there from the first day of legalization, on Jan. 1, while Washington’s are still weeks away.

In Washington, some dispensaries might be well run, others poorly, but without oversight, state officials could not which was which. So a clean sweep – killing off the old system so that a new one could emerge – was seen as the only way forward, legislators say.

“We’re moving from the wild, wild West to the regulated West,” said State Senator Ann Rivers, a Republican and a sponsor of one of the leading bills. A similar bill, sponsored by a Democrat from Seattle, Representative Eileen Cody, passed the House last month.

Ms. Rivers emphasized that her goal was to protect, not punish, marijuana patients, though she said she understood their fear of change. Without formalized rules allowing patients to continue growing their own plants, for example (I-502, the initiative legalizing recreational marijuana, prohibits that), and to have more than one ounce in their possession, arrest and federal prosecution is a real risk, she asserts. Her bill allows for both.

A mandatory registry, she said, provided the legal spine to those protections. Under her bill, a registered patient buying medical marijuana at a licensed store with an “endorsement” from the state to specifically sell medical marijuana would also be exempt from the 25 percent retail tax charged to recreational buyers. (Other state taxes, assessed on growers and producers, would already be included in the retail price.)

“The feds have been very clear, that if we don’t get our ducks in a row, they are going to bring it to a screeching halt,” Ms. Rivers said. “We have a chance right now to define our destiny with this, and if we don’t we will most definitely allow the feds to define our destiny.”

To many patients and providers, though, the proposed mandatory registry is not a good thing. Some patients, especially those receiving Social Security or other federal aid, have said they would refuse to sign up because that would be a legal admission of drug use that they said could jeopardize their benefits. Others have told lawmakers they fear, with hacking and leaks of government data in the news, a loss of private information.

Some dispensary owners concede that the medical system was rife with abuses – but that patients were now about to pay the price.

“The state failed to regulate, allowing doctors to write these prescriptions to 20-year-old gangbangers on the street who said, ‘Oh, I hurt my knee playing basketball,’  ” said Karl Keich, a dispensary operator and founder of the Seattle Medical Marijuana Association, a group of collective gardens.

Andrea Mayhan, who takes medical marijuana to control muscle spasms and seizures that she suffers as a result of a degenerative disorder, says she believes she will be able to get the strains of marijuana she wants because she knows what to ask for. New patients, though, might walk in – or, like her, roll in using their wheelchairs – and find a clerk less familiar with medical strains, or prohibited by state rules from giving advice.

“They’re going to be lost,” she said.

Source: New York Times (NY)
Author: Kirk Johnson
Published: March 6, 2014
Copyright: 2014 The New York Times Company
Contact: [email protected]
Website: http://www.nytimes.com/

California Democrats Back Marijuana Legalization

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California Democrats have approved a party platform including a plank calling for marijuana legalization, marking a major shift for the state party. As the San Francisco Chronicle reports, state party delegates moved Sunday to adopt a platform that includes support for “the legalization, regulation and taxation of pot in a manner similar to that of tobacco or alcohol.” The platform was adopted by a near-unanimous voice vote.

California Lt. Gov. Gavin Newsom, formerly the mayor of San Francisco, made the case for the position change during the Democrats’ 3-day convention in Los Angeles.

“It’s time for all of us to step up and step in and lead once again in California, just as we did in 1996. We did just that with medical marijuana,” Newsom said during his Saturday address to the convention. “But for almost 20 years now, we’ve sat back admiring our accomplishment while the world, the nation, and states like Colorado and Washington have passed us by. … It’s time to legalize, it’s time to tax, it’s time to regulate marijuana for adults in California.”

Newsom continued, “This is not a debate about hippies. This is not a debate about stoners. We can’t diminish this issue or the people involved in this debate by belittling them and trivializing them. Let me be clear. You can be pro-regulation without being an advocate for drug use.”

Watch Newsom’s Speech: http://www.youtube.com/watch?v=TXr_jp63R3E

Newsom’s remarks came less than a week after Gov. Jerry Brown (D) voiced his concerns over marijuana legalization in an interview with NBC’s “Meet The Press.”

“The problem with anything, a certain amount is okay,” Brown said. “But there is a tendency to go to extremes. And all of a sudden, if there’s advertising and legitimacy, how many people can get stoned and still have a great state or a great nation? The world’s pretty dangerous, very competitive. I think we need to stay alert, if not 24 hours a day, more than some of the potheads might be able to put together.”

Marijuana legalization has strong support in the state, with recent polls showing a clear majority of Californians in support of taxing and regulating the drug. However, voters will likely have to wait until 2016 to vote in favor of legalization — leading marijuana policy groups in the state have decided against putting a pro-pot measure on the ballot this year in order to build up campaign coffers and widen support for the bill.

The 2014 party platform also called for minimum wage hikes, stronger anti-poverty programs and prison reform. Delegates also added a plank calling for a moratorium on fracking.

Newshawk: HempWorld
Source: Huffington Post (NY)
Author: Mollie Reilly
Published: March 9, 2014
Copyright: 2014 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

Comprehensive Drug Abuse Prevention and Control Act of 1970

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Shortly after the 1937 Marijuana Tax Act went into effect on October 1, 1937, the Federal Bureau of Narcotics and Denver City police arrested Moses Baca for possession and Samuel Caldwell for dealing.

 

Scaldwell.jpg

^ “The First Pot POW”. Retrieved 2011-03-18. “On the day the Marijuana Tax Stamp Act was enacted — Oct. 2, 1937 — the FBI and Denver, Colo., police raided the Lexington Hotel and arrested Samuel R. Caldwell, 58, an unemployed labourer and Moses Baca, 26. On Oct. 5, Caldwell went into the history trivia books as the first marijuana seller convicted under U.S. federal law. His customer, Baca, was found guilty of possession.”

 

 

Baca and Caldwell’s arrest made them the first marijuana convictions under U.S. federal law for not paying the marijuana tax.[19] Judge Foster Symes sentenced Baca to 18 months and Caldwell to four years in Leavenworth Penitentiary for violating the 1937 Marihuana Tax Act.

After the Philippines fell to Japanese forces in 1942, the Department of Agriculture and the U.S. Army urged farmers to grow fiber hemp. Tax stamps for cultivation of fiber hemp began to be issued to farmers. Without any change in the marijuana Tax Act, 400,000 acres (1,600 km2) were cultivated with hemp between 1942 and 1945. The last commercial hemp fields were planted in Wisconsin in 1957.

In 1967, President Johnson’s Commission on Law Enforcement and Administration of justice opined, “The Act raises an insignificant amount of revenue and exposes an insignificant number of marijuana transactions to public view, since only a handful of people are registered under the Act. It has become, in effect, solely- a criminal law, imposing sanctions upon persons who sell, acquire, or possess marijuana.”

In 1969 in Leary v. United States, part of the Act was ruled to be unconstitutional as a violation of the Fifth Amendment, since a person seeking the tax stamp would have to incriminate him/herself. In response the Congress passed the Controlled Substances Act as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970.[23] The 1937 Act was repealed by the 1970 Act.

Storm is Coming

Law Enforcement Rallies Against Marijuana Bills

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Prosecutors, police chiefs and sheriffs gathered Tuesday in Annapolis to push back against the growing movement to decriminalize possession of small amounts of marijuana or to legalize recreational use of the drug altogether.

At a news conference and at a Senate hearing, law enforcement leaders warned that loosening marijuana laws would undermine drug enforcement across the board. They said it would be premature to pass a bill following in the footsteps of Colorado and Washington state, which recently legalized pot, and opposed a separate measure that would treat possession as a minor civil offense.

“This legislation sends a horrible message,” said Riverdale Park Police Chief David Morris, speaking for the Maryland Chiefs of Police Association.

Harford County State’s Attorney Joseph I. Cassilly, speaking on behalf of the Maryland State’s Attorneys Association, called the movement to legalize pot in Maryland “a rush to judgment.”

Cassilly said the state should wait for legalization in Colorado and Washington to be thoroughly studied, instead of relying on “anecdotal evidence from a bunch of pot heads.”

The otherwise solid show of support for the state’s existing marijuana laws was cracked by the testimony of Neill Franklin, a retired Baltimore police major who has emerged as a vocal opponent of the war on drugs in general and the prohibition of marijuana in particular.

“It didn’t work back in the 1920s with alcohol prohibition,” he said. “We should have learned from history.”

Franklin argued the effect of prohibiting marijuana has been to leave its regulation in the hands of drug cartels and street gangs.

Most of the active law enforcement officers who attended took a hard line against legalizing marijuana for recreational use, though they were clear that their opposition did not extend to proposals making medical marijuana more readily available to those who need it.

“Those lines should not be blurred,” said Anne Arundel County Police Chief Kevin Davis, speaking at a morning news conference.

Some of the officers ran into trouble in the less-forgiving venue of the Senate hearing, where the sponsors of the legalization and decriminalization bills repeatedly sought proof of police assertions that law enforcement and public health would be hampered by their bills.

Annapolis Police Chief Michael A. Pristoop asserted that 37 people had died of marijuana overdoses on the first day of legalization in Colorado last month.

The claim drew groans from the packed hearing room. Sen. Jamie Raskin, a Montgomery County Democrat who sponsored the legalization bill, pointed out that Pristoop had fallen for a hoax that ran in the satirical publication the Daily Currant.

Pristoop later issued an apology.

“I believed the information I obtained was accurate but I now know the story is nothing more than an urban legend,” he said in a statement.

Police warnings of the danger of marijuana overdoses aroused skepticism among senators of both parties.

“The only people I’ve seen overdose on marijuana had a big snack and fell asleep,” said Sen. Nancy Jacobs, a Harford County Republican.

Morris also took some heat from senators over his assertion that decriminalizing marijuana would lead to an increase in drug use.

Sen. Robert A. Zirkin, a Baltimore County Democrat and author of the decriminalization bill, said he had “looked high and low” for evidence from 16 states that now treat marijuana possession as a civil offense. He said he found no evidence suggesting that usage had increased. When Zirkin pressed Morris to back up his assertion with studies, the chief could not.

Public polls show growing support for loosening marijuana laws in Maryland and across the country. A recent Baltimore Sun Poll found that 58 percent of Maryland voters favor either legalization or decriminalization.

Source: Baltimore Sun (MD)
Author: Michael Dresser and Erin Cox, The Baltimore Sun
Published: February 25, 2014
Copyright: 2014 The Baltimore Sun
Contact: [email protected]
Website: http://www.baltimoresun.com/

Annapolis Police Chief Apologizes for MJ Misspeak

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Annapolis Police Chief Michael Pristoop issued an apology Tuesday for inaccurate statements he made about deaths related to the legalization of marijuana in Colorado.

Pristoop, in testimony regarding legalization of marijuana, stated that overdoses on marijuana led to more than 30 deaths on the first day the drug was legalized in Colorado. That data was based upon a hoax story that ran on satirical and comedy websites.

“I apologize for the information I provided concerning the deaths. I believed the information I obtained was accurate but I now know the story is nothing more than an urban legend,” the chief said in a statement. “This does not take away from the other facts presented in opposition to legalization or the good work of the Maryland Chiefs and Maryland Sheriffs associations.”

Pristoop was speaking before the Maryland Senate Judiciary Committee, opposing the decriminalization and legalization of marijuana, according to the statement from Annapolis police. His testimony was stopped by those on the committee who recognized the error.

According to the statement from the police department, Pristoop discovered the data was “an urban myth” while following up on the report after the meeting.

During the testimony Tuesday, police chiefs, sheriffs and states attorneys said loosening marijuana laws in Maryland would undermine drug enforcement — though they said their opposition did not extend to making medical marijuana more readily available to those who need it.

Reporter Erin Cox contributed to this story.

Source: Baltimore Sun (MD)
Author: Sean Welsh, The Baltimore Sun
Published: February 25, 2014
Copyright: 2014 The Baltimore Sun
Contact: [email protected]
Website: http://www.baltimoresun.com/

Just Say No To These 11 Outrageous Arguments

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Nearly 80 years ago, the feature film “Reefer Madness” hit theaters, projecting demonstrably false anti-marijuana propaganda all over the big screen. In today’s era of legal medical and recreational cannabis, the tone of this movie is often mocked. But drug warriors are still employing many of the same hysterical arguments to prop up their campaign against weed.

When it comes to public opinion, it’s becoming clear that anti-pot crusaders are losing the battle. Recreational marijuana is for sale in Colorado, it’s coming to Washington in just a few months and over a dozen more states are considering legalization measures right now. In all, 20 states have passed laws allowing the medical or recreational use of marijuana, and with a majority of Americans now in favor of legal weed for the first time in U.S. history, the momentum is on marijuana’s side.

As more states move toward reforming pot laws, many anti-weed groups have clung to the same tired rhetoric, a decision that has only served to further marginalize them. Greater public acceptance and access to the drug mean that many of marijuana’s stigmas, once accepted as fact, now appear increasingly out of touch with reality.

While there may be more reasonable arguments to make when considering the issue of legal marijuana, these overused statements are not among them:

1. “Marijuana is addictive.”

Like pretty much any substance (or activity, for that matter), marijuana can be abused, and frequent use can lead to dependency. But if we’re going to keep something illegal just because it has the potential to be addictive, we’ll also have to reconsider our approaches to a number of other substances. Studies have found cannabis to be less addictive than nicotine, alcohol and even caffeine, according to research by one scientist at the National Institute on Drug Abuse.

It’s believed that somewhere between four and nine percent of regular marijuana users are likely to develop dependency problems, and it’s true that a good number of marijuana users later avail themselves of professional help. The Substance Abuse and Mental Health Services Administration (SAMHSA) reported that 957,000 people age 12 and over sought treatment for marijuana in 2012. But while drug warriors have touted this as evidence of a marijuana abuse epidemic, pot policy reformers have noted that the large majority of these patients have been referred by the criminal justice system, which has expanded options for treatment over jail time or other penalties. While it’s a clear step up from imprisonment, many of the people who end up in treatment are still forced there for minor marijuana charges.

Furthermore, “not all abuse and dependency is created equal,” as the authors of Marijuana Legalization: What Everyone Needs to Know put it. The authors point out that while some heavy marijuana users do experience symptoms of clinical dependency and feel discomfort or withdrawal when trying to quit, kicking a pot addiction doesn’t lead to the same type of intense, dangerous physical and psychological pain that often accompanies alcohol, nicotine or heroin dependency.

2. “It’s as dangerous as heroin and LSD.”

Not many people may be willing to make this argument directly — even President Barack Obama knows there isn’t any reliable evidence to support it — but the Drug Enforcement Administration’s classification of pot is based entirely upon this contention. Schedule I drugs like marijuana, LSD and heroin “are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence,” according to the DEA. They are also said to have “no currently accepted medical use.”

Key anti-drug officials have been unwilling to budge on the supposed parallels between pot and these harder drugs. During congressional testimony in 2012, DEA Administrator Michelle Leonhart refused to answer a question about whether crack was more harmful than pot. In January, Michael Botticelli, the drug czar’s chief deputy, ducked a question about whether meth or cocaine was more addictive than marijuana, leading Rep. Earl Blumenauer (D-Ore.) to explain why these repeated denials and other inconsistencies in federal anti-drug policy only serve to undermine broader anti-drug efforts.

“Being unable to answer something clearly and definitively when there is unquestioned evidence to the contrary is why young people don’t believe the propaganda, why they think [marijuana is] benign,” Blumenauer said. “If a professional like you can’t answer clearly that meth is more dangerous than marijuana — which every kid on the street knows, which every parent knows — if you can’t answer that, maybe that’s why we’re failing to educate people about the dangers. If the deputy director of the office of drug policy can’t answer that question, how do you expect high school kids to take you seriously?”

3. “Pot is a gateway drug that will lead you to more dangerous substances.”

The claim that marijuana use will tip people toward other, harder substances has long been pushed by drug warriors, despite a lack of factual basis. The argument goes that because people often try harder drugs some time after having tried pot, the user’s experience with marijuana must have played a significant part in later experimentation.

But in reading drug use statistics — or any statistics at all — it’s important to remember that correlation does not equal causation. Just because users of heroin, cocaine or other hard drugs are very likely to have used marijuana earlier in their lives doesn’t mean that the pot itself was the catalyst for their later drug-related decisions.

As Maia Szalavitz writes at Time, “Hell’s Angels motorcycle gang members are probably 104 times more likely to have ridden a bicycle as a kid than those who don’t become Hell’s Angels, but that doesn’t mean that riding a two-wheeler is a ‘gateway’ to joining a motorcycle gang. It simply means that most people ride bikes and the kind of people who don’t are highly unlikely to ever ride a motorcycle.”

It makes sense that statistics would show drug users frequently turning to pot first. Marijuana is relatively easy to lay hands on, meaning that anybody with a desire to alter their state of mind with a substance can likely access it (though if this is the actual standard-bearer of a gateway drug, as some would argue, then studies have also shown alcohol to be the true gateway substance).

Studies have pointed out this flaw in the “gateway theory” since as early back as the late 1990s, though the failure to find a direct link hasn’t stopped anti-drug crusaders from pushing the argument.

4. “You smoke marijuana like tobacco, so it must be just as bad for you!”

Cigarettes lead to nearly half a million American deaths each year, so it might seem natural to assume that marijuana smoke drawn into the lungs in the same fashion would also do some serious physiological harm. But science hasn’t borne out this hypothesis. Studies have found that cannabis and tobacco smoke contain some of the same carcinogens — but cigarettes, which contain nicotine, cause significantly more harm than marijuana, which contains cannabinoids.

While many marijuana smokers may report respiratory discomfort like coughing or wheezing after excessive pot use, an extensive study released in 2012 found that the drug itself does not impair lung function. Other studies have found that cannabis can even suppress a variety of aggressive cancer cells. If medical science has reached any real conclusion about marijuana, it’s simply that more research should be done to pin down the exact effects of cannabis smoke and cannabinoids.

And while smoking is the most common way to use marijuana, there are also other methods of delivery that allow users to minimize or avoid potential harm to the lungs: Ingesting high-potency cannabis-infused edibles or using a vaporizer, which eliminates much of the heated marijuana smoke, are a few of the most common alternatives.

5. “Pot can make you go insane.”

In “Reefer Madness,” teens are driven to murder, sexual assault and insanity after indulging in pot. TV host Nancy Grace still thinks marijuana users “shoot each other, stab each other, strangle each other” and “kill whole families,” and that such behavior is all pot’s fault.

While it’s established that psychotic people are more likely to have used drugs — and most commonly cannabis — before the onset of the disease, research has shown that smoking pot simply leads to an earlier onset of psychosis by an average of 2.7 years in people already prone to the condition. Other research suggests that marijuana emphatically does not cause psychosis, and past research has not been able to definitively rule out the possibility that people who are prone to developing mental illnesses like schizophrenia may simply be more likely to turn to drugs like marijuana. Furthermore, other research suggests that another cannabis compound, cannabidiol, may negate some symptoms of psychosis.

Studies have also shown that changes in the brain due to marijuana use are likely reversible and that the legalization of medical marijuana may reduce suicide rates. While no substance is completely harmless, marijuana, in many studies, has been shown to be relatively safe. But again, until a larger wealth of research is completed in all of these areas — which will likely only be done after further legalization — we are left without more concrete conclusions.

6. “Marijuana leads to criminal behavior.”

While some studies have indicated higher marijuana use among criminal offenders, that doesn’t mean it’s the pot itself that leads users to a life of crime. In fact, dozens of studies on the issue show that a causal relationship between marijuana use and crime has not been found.

When it comes to violent crime, alcohol is a much more significant factor than marijuana. A report from the National Institute on Alcohol Abuse and Alcoholism suggests that 25 to 30 percent of violent crimes are linked to alcohol use. A 2003 article from the journal Addictive Behaviors noted that “alcohol is clearly the drug with the most evidence to support a direct intoxication-violence relationship,” and that “cannabis reduces likelihood of violence during intoxication.” The National Academy of Sciences even found that in chronic marijuana users, THC causes a decrease in “aggressive and violent behavior.”

Although there is little evidence that marijuana use increases the likelihood of criminal behavior, marijuana convictions are definitely likely to ruin lives and expose people to a life of crime behind bars. State laws differ, but in some places, possessing just one marijuana joint can be punishable by up to a year in prison and a $10,000 fine. Marijuana convictions also appear to be racially biased. A recent ACLU report, which tracked marijuana arrests by race and county in all 50 states and the District of Columbia, found that black people are nearly four times more likely to be arrested for possession of marijuana than white people.

7. “It makes you lazy and unsuccessful.”

Marijuana opponents often point to studies suggesting that long-term use could result in a lack of motivation and a life of bumming around in your mom’s basement.

A Marijuana Policy Project study, listing 50 of some of the most successful people in the world who have admitted to using pot, completely shatters this mythology. President Obama, Jon Stewart and billionaire George Soros can hardly be characterized as lazy or unproductive.

Anti-drug groups have also argued that marijuana nullifies the traits required to be a successful athlete. That’s probably news to a lot of football players. Despite a league policy that bans the substance, one former player has said that something like half of all NFL players smoke pot either for medical or recreational reasons. Professional football is one of the most demanding and competitive sports in the world. Players probably aren’t high while competing, but the fact that some turn to pot during their free time underscores the point that it’s possible to achieve a balance between one’s professional life and one’s recreational marijuana use.

8. “Legalization will cause mass zombification!”

While the threat of a zombie apocalypse is one of the Internet’s favorite fantasies, some anti-legalization opponents use it as a metaphor for their unsubstantiated fears of a lazy pothead nation developing in the wake of legal weed.

Putting aside the fact that the link between marijuana use and habitual laziness is tenuous at best, multiple studies suggest that the decriminalization of marijuana has little to no effect on consumption rates. And prohibition has been woefully ineffective at deterring use. “Fear of arrest, fear of imprisonment, the cost of cannabis or its availability do not appear to exert much effect on the prevalence of cannabis use,” says one frequently cited study on marijuana prohibition.

9. “I tried it once and didn’t like it.”

So you don’t like marijuana. Or you tried it once but didn’t inhale. Or maybe you smoked a lot of pot a while ago, but now can’t get off the couch while you’re high, so you don’t anymore. That’s fine — the drug affects people differently, and anybody with knowledge of marijuana is well aware that “highs” vary greatly. But should your personal opposition to pot really require us to uphold a status quo of prohibition that results in one marijuana arrest every 40 seconds in the U.S., costs the nation between $10 billion and $40 billion a year and deprives state and federal governments the tremendous revenue generated from taxes on legal weed?

10. “People don’t even use it at weddings, so obviously it’s more harmful than beer.”

This is an odd one. Earlier this month, Wisconsin Gov. Scott Walker (R) pulled out this wedding scenario while claiming that “it’s a big jump” between having a beer and smoking pot.

“If I’m at a wedding reception here and somebody has a drink or two, most people wouldn’t say they’re wasted,” Walker said, according to The Capital Times. “Most folks with marijuana wouldn’t be sitting around a wedding reception smoking marijuana.”

Walker appears to be employing some serious circular reasoning here, claiming that weed — which is illegal, obviously — is less socially acceptable than alcohol, which is (he seems to be saying) one reason it should remain illegal. Walker has said that there’s “a huge difference” between marijuana and alcohol, and the governor is right: Most studies show that marijuana is less harmful than alcohol.

In 2010, for example, there were approximately 189,000 emergency room visits by people under 21 for injuries and other conditions linked to alcohol, including accidental poisoning. While there have been reports of people being treated at the hospital due to discomfort after using too much marijuana, these are far outweighed by the number of alcohol-poisoning incidents. To this day, aside from one recent, unprecedented and widely contested conclusion about a cannabis-related death in the United Kingdom, there have been no reported deaths due to marijuana overdose in at least 10,000 years of human consumption.

On the other hand, just 10 times the recommended serving of alcohol can lead to death, a recreational drug study from American Scientist found. By contrast, a marijuana smoker would have to consume 20,000 to 40,000 times the amount of THC in a joint in order to be at risk of dying, according to a 1988 ruling from the U.S. Drug Enforcement Administration.

11. “Uhhh … but don’t you care about the children?”

Yes, which is why it’s important to understand that when it comes to marijuana, drug warriors are lying to them and causing more harm than good. Lawmakers have recently argued that the anti-drug crowd is losing the faith of teens because they pummel them with blanket statements instead of offering factual explanations about marijuana use and how to approach the drug responsibly.

There are admittedly legitimate questions and concerns about adolescent marijuana use, including hotly debated claims about the effects of the drug on teens’ mental health. And the fact that marijuana studies so often show conflicting findings is a sign of how much more research is needed in this area and how important those answers are.

No one needs to encourage anybody, teenage or otherwise, to use marijuana. But if the drug warriors are to be taken seriously, they need to retire these shopworn arguments and update their playbook for a new century.

Source: Huffington Post (NY)
Author: Matt Ferner and Nick Wing, The Huffington Post
Published: February 25, 2014
Copyright: 2014 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/

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