Respect States’ And Citizens’ Rights Act: bill forces feds to leave marijuana states alone (full current text)

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The Respect States’ And Citizens’ Rights Act will change the Controlled Substances Act to allow state drug law to trump federal drug laws.

Respect States’ And Citizens’ Rights Act: bill forces feds to leave marijuana states alone (full current text)

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The Respect States’ And Citizens’ Rights Act will change the Controlled Substances Act to allow state drug law to trump federal drug laws.

Counting The Days Till Marijuana’s Legal

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Stoner humor just got a lot more complicated. Back in the days when Cheech and Chong were more risqué than wrinkled, it wafted along as one of those cultural subgenres, with its own nudge-and-wink punch lines. If you got it and laughed, you implicated yourself — and laughed again. The police mostly kept their faces straight.

But now the prospect of legalized marijuana in small amounts for personal use — approved by voters in Washington State and Colorado on Election Day — is creating a buzz of improvisation, from local law enforcement agencies up through state government.

Devising from scratch a system for legal sales and informing the public about the law are both tasks, state and local officials say, that require the turning over of a new leaf.

And the Seattle Police Department — through blog posts written by Jonah Spangenthal-Lee, 29, a former crime reporter for a Seattle alternative weekly called The Stranger — is leading the charge. Bilbo Baggins from “The Lord of the Rings” lends a hand too, shown in a film clip on the police blog relishing a smokable product of uncertain provenance called Old Toby, which Bilbo says, with a blissful sigh, is “the finest weed in the South Farthing.”

The goal: official communications in language that the hip, young, urban and quite possibly stoned audience that Mr. Spangenthal-Lee wrote for at The Stranger might actually want to read.

Worried about what happens if the police pull you over after Dec. 6, when the law, I-502, takes effect, and you are sober but they smell that bag of Super Skunk in your trunk? Mr. Spangenthal-Lee’s “Marijwhatnow” post has the answer. “The smell of pot alone will not be reason to search,” he writes.

Another question: “December 6th seems like a really long ways away. What happens if I get caught with marijuana before then?”

Answer: “Hold your breath.”

Question: “SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?”

Answer: “No.”

“There’s no handbook for any of this,” Mr. Spangenthal-Lee said in an interview. Meanwhile, the “Marijwhatnow” post has gone closer to viral than perhaps any official police communication in history, with 26,000 Facebook “likes” and more than 218,000 page views as of Friday.

Whether full legalization will actually occur as envisioned by the law — up to an ounce is allowed for use by an adult — is hazy. Possession remains a federal crime, but Gov. Christine Gregoire, after meeting with Justice Department officials last week, said federal prosecutors gave her no clear indication of what they would do either before or after Dec. 6.

“We are following the will of the voters and moving ahead with implementation,” Ms. Gregoire said in a statement.

“Implementation” presents some high hurdles. The law allows only one year for the state to create a system of licenses for growers, processors and sellers, and to resolve equally confusing issues like the potency levels of the various products and the prices. Teams began meeting right after the election at the Washington State Liquor Control Board, which has been assigned to create and administer a marketplace.

Mr. Spangenthal-Lee, who has been writing for the Seattle Police Department’s crime blog, SPD Blotter, since March, said he tried to imagine all the questions people would ask about the new law and then follow his own nose as a newsman in getting the answers.

Will, for example, police officers be allowed to smoke marijuana?

“As of right now, no,” he wrote.

“Marijuana legalization creates some challenges for the Seattle Police Department,” the post said, “but SPD is already working to respond to these issues head on.”

A version of this article appeared in print on November 18, 2012, on page A20 of the New York edition with the headline: Counting the Days Till Marijuana’s Legal.

Source: New York Times (NY)
Author: Kirk Johnson
Published: November 18, 2012
Copyright: 2012 The New York Times Company
Contact: [email protected]
Website: http://www.nytimes.com/

Rep. Adam Smith Asks DOJ to Respect MJ Laws

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U.S. Rep. Adam Smith and 17 other U.S. Congress members formally asked the Department of Justice and Drug Enforcement Administration not to enforce federal drug laws against marijuana use in Washington and Colorado in a letter released Friday.

Though both states have made regulated, recreational use of marijuana legal, federal agencies still have the power to enforce a federal ban on the drug.

“We believe that it would be a mistake for the federal government to focus enforcement action on individuals whose actions are in compliance with state law,” says the letter addressed to Attorney General Eric Holder and Drug Enforcement Administrator Michele Leonhart.

According to the letter, the Department of Justice made assurances in 2009 that it would not prioritize criminal charges against those who are in compliance with state law. But the Congress members are concerned about whether those assurances still stand.

The letter then goes on to ask federal drug law enforcers to allow states such as Washington and Colorado to be “laboratories of democracy” that help progress drug policy nationwide.

“These states have chosen to move from a drug policy that spends millions of dollars turning ordinary Americans into criminals toward one that will tightly regulate the use of marijuana while raising tax revenue to support cash-strapped state and local governments,” the letter says.

“We believe this approach embraces the goals of existing federal marijuana law: to stop international trafficking, deter domestic organized criminal organizations, stop violence associated with the drug trade and protect children.”

From The Seattle Times Blog

Source: Seattle Times (WA)
Author: Alexa Vaughn
Published: November 16, 2012
Copyright: 2012 The Seattle Times Company
Contact: [email protected]
Website: http://www.seattletimes.com/

Comer: Legalizing industrial hemp is top priority

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BRUCE SCHREINER, Associated Press
Updated 2:24 p.m., Wednesday, November 14, 2012

 

 

FRANKFORT, Ky. (AP) — Kentucky Agriculture Commissioner James Comer says he will seek to legalize industrial hemp in 2013, and to kick off the effort he convened a Wednesday meeting of a hemp commission that hasn’t met in years.

A grassroots movement seeking to allow Kentucky farmers to grow industrial hemp gained new ground as the commissioner vowed passing hemp legislation would be his top priority. For now, however, federal law prohibits growing the plant for industrial, recreational or medicinal purposes because of its association with marijuana.

A farmer himself, Comer told members of the Kentucky Industrial Hemp Commission that the crop would flourish in the Bluegrass state and create manufacturing jobs if the federal government gives the go-ahead. He said hemp is a versatile crop that can be turned into paper, clothing, food, biofeuel, lotions and many other products.

"We can’t let our feet drag on this," Comer told reporters after Wednesday’s meeting. "We can’t let the General Assembly say, ‘Well we want to create a task force to study it.’ By that time … this will be another thing that the Kentucky General Assembly has loafed around on and let slip away."

He said that if federal authorities authorize industrial hemp cultivation, states would be in a "mad dash" to revive production — and Kentucky needs to be positioned for that possibility.

Comer, a Republican, presided over the first meeting of the hemp commission in a decade.

The board was created in 2001 to oversee industrial hemp research in Kentucky and make recommendations to the governor. Comer convened the 18-member panel to advocate for industrial hemp and work on marketing and education efforts.

Kentucky once was a leading producer of industrial hemp, a tall, leafy plant later outlawed for decades. Hemp and marijuana are the same species, cannabis sativa, but are genetically distinct. Hemp has a negligible content of THC, the psychoactive compound that gives marijuana users a high.

Those seeking to legalize the plant argue that it would create a new crop for farmers, replacing a hemp supply now imported from Canada and other countries. During World War II, the U.S. government encouraged farmers to grow hemp for the war effort because other industrial fibers were in short supply. But the crop hasn’t been grown in the U.S. since the 1950s when the federal government moved to classify hemp as a controlled substance related to marijuana.

Comer said he wants to see farmers planting industrial hemp in Kentucky by the spring of 2014, but only if the federal government approves.

"We will only do this in Kentucky if the United States Congress and the federal government give us permission," he said.

The hemp commission received $100,000 in seed money Wednesday to help pay for its advocacy for the plant.

Republican U.S. Sen. Rand Paul of Kentucky, co-sponsor of federal legislation to remove restrictions on hemp cultivation, is donating $50,000 from his political action committee to the commission. That donation is being matched by Dr. Bronner’s Magic Soaps, a natural soap manufacturer that uses hemp oil in its products.

David Bronner, chief executive of the California-based company, said the U.S. is the largest consumer market for hemp seed and fiber products, yet its farmers are prevented from growing the crop and sharing in the benefits.

"We’re continuing to hand the world’s largest market to Canadian farmers and Chinese farmers, and it’s ridiculous," he said after the hemp commission meeting.

The commission’s membership includes state lawmakers, hemp advocates and law enforcement representatives.

Maj. Anthony Terry, commander of the Kentucky State Police Special Enforcement Troop and a commission member, said after the meeting that law enforcement has reservations about legalizing hemp.

"We’re not supportive of it at this point," Terry said.

Terry raised concerns that people charged with marijuana possession or trafficking would claim they were caught with hemp instead of marijuana. That would force law enforcement to test every confiscated sample to determine if it was in fact marijuana, at great expense, he said.

Comer said the agriculture department wants to work with law enforcement.

"There’s nothing to hide," Comer said. "This crop has suffered from false stereotypes and misperceptions for years."

Other hemp commission members present included John Riley, a former magistrate in Spencer County; state Rep. Tom McKee, D-Cynthiana, chairman of the House Agriculture Committee; state Sen. John Schickel, R-Union; and M. Scott Smith, dean of the University of Kentucky College of Agriculture.

After the meeting, Comer went to the state Capitol pitch the legislation to a joint meeting of the House and Senate Agriculture committees.

Comer, a former state lawmaker, tried to assure his former colleagues that legalizing industrial hemp wouldn’t risk a voter backlash, saying misconceptins about hemp are "past us now."

"The people of Kentucky know the difference between industrial hemp and that other plant," he said.

Sen. David Givens, chairman of the Senate Agriculture Committee, said afterward that the Republican-led Senate is open-minded about the issue.

He said that Comer’s strong support for the hemp legislation will advance the legalization campaign. Givens, R-Greensburg, said hemp supporters are making headway in changing perceptions, but he has questions about establishing state regulatory oversight of a crop that may someday be legal.

"Do we need to create a bureaucracy for what would be a legal crop?" he said.

Read more: http://www.sfgate.com/news/crime/article/Comer-Legalizing-industrial-hemp-is-top-priority-4037089.php#ixzz2CEtcuzys

Kentucky Senator Rand Paul Champions Legalization of Industrial Hemp Bill S.3501 (Oct 17, 2012)

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Sen. Rand Paul Answers Farms.com Questionnaire on Hemp Bill

 

 

By Amanda Brodhagen, Farms.com

 Kentucky Senator Rand Paul introduced a historic bill on Aug. 2, 2012 that would remove restrictions on industrial hemp farming in the United States. While Bill S.3501 has gained wide bi-partisan support, it has also sparked a controversial debate largely over federal policy that currently doesn’t distinguish between non-drug oilseeds – hemp from psychoactive drugs such as Marijuana. There have been over seventeen states that have passed pro-hemp legislation to date including, Colorado, Hawaii, Kentucky, Maine, Maryland, Montana, North Dakota, Oregon, Vermont and West Virginia. However, despite state authorization for farmers to grow hemp, state laws are overridden by the federal drug policy.
Although, farmers have technically been given permission to grow hemp for industrial use, they don’t for fear of raids by federal agents or even face prison time if they plant hemp as a crop.  Sen. Rand Paul has been advocating on behalf of farmers to make changes to a 75 year old law that prohibits farmers from growing hemp for industrial use. If the bill passes, the Industrial Hemp Farming Act would remove federal restrictions to allow farmers to grow industrial hemp, distinguishing hemp from marijuana.
Sen. Rand Paul answers a questionnaire prepared by Farms.com Editor Amanda Brodhagen – explaining the history of the bill, how it could help farmers, the economic benefits and the key participants involved. The Senator answers thirteen questions that provide greater insight into the importance of this bill.

• Can you provide some insight into the historical resistance towards hemp?

“The passing of 1937 Marijuana Tax Act in conjunction with the Controlled Substances Act of 1970 essentially banned the industrial use of hemp by defining hemp as a narcotic and requiring farmers to hold Drug Enforcement Administration permits. Our nation is a far cry from the one that used to encourage farmers to grow hemp for its versatility through the Hemp for Victory program.”
• Why does the Senator support the efforts to legalize hemp for industrial use in Kentucky?
“In addition to the economic benefits associated with the industrialization of hemp, there has been substantial grassroots support behind this issue in Kentucky. Hemp can be used for nutritional supplements, cattle feed and bedding, textiles, paper, cosmetics and alternative fuels. Prior to the industrial ban, the Commonwealth routinely accounted for half of all hemp production in the United States.
Being from an agricultural state, I often think of our farmers who have dealt with persistent droughts and the toll it has taken on them and their families. This environmentally sustainable crop requires fewer pesticides and can replenish our soil through crop rotation, increasing yields the following year.”

(Source: http://www.votehemp.com/PDF/hempstudy.pdf)
• How does the Senator defend the comparisons between industrial hemp and marijuana?
“I’ve found that these comparisons are often made by those who are unfamiliar with the crop. It is true that hemp is in the same plant species as marijuana. However, the two are very different.  On average, hemp contains less than 1 percent of THC, the primary psychoactive chemical in marijuana, while marijuana can contain upwards of 10 percent THC.

As my father, Rep. Ron Paul (R-Texas), sponsor of an industrial hemp bill in the House often jokes, you would need to smoke a hemp cigarette the size of a telephone pole for it to possibly have any effect.”
• What are the most commonly grown cash crops in Kentucky?
“The top five cash crops in Kentucky last year were corn, soybeans, tobacco, wheat and hay.”

(Source:http://www.kyagr.com/pr/kpc/September102012/documents/2011-Kentucky-cash-receipts.pdf)
• What do you foresee as the economic benefits of allowing farmers to grow industrial hemp?
“Hemp has grown increasingly popular in the United States. Selling between $60 million to $100 million in hemp-based foods and nutritional supplements each year, these products could be produced and grown in the U.S. rather than abroad.”
(Source: http://nationalaglawcenter.org/assets/crs/RL32725.pdf)

• What kind of response has the Senator been receiving from farmers about the bill to legalize hemp?
“I’ve spoken with many farmers in Kentucky and the response has overwhelming been, “I wish this would have been done sooner!” This bill has brought in a lot of support from the both sides of the aisle. It is an economic issue rather than a partisan one.”

• How profitable would growing hemp be for Kentucky farmers?

“According to the University of Kentucky, the industrialization of hemp would create 70,000 jobs in the Commonwealth with upwards of $1.5 trillion in annual earnings.”
(Source: http://www.votehemp.com/PDF/hempstudy.pdf)

• What would be a typical profit margin for a farmer growing industrial hemp after all input costs have been calculated?


“According to Vote Hemp, farmers in Manitoba, Canada, have yielded $150/acre once costs are factored in. To put this into perspective, the profit margin for hemp is between $50-75/acre more than canola, one of the U.S. and Canada’s most abundant crops.
While these numbers are based on Canada’s agricultural landscape, U.S. farmers are expected to yield higher profit margins by growing different varieties of hemp.”

• Is there a market demand for industrial hemp?
“The demand for hemp has grown exponentially in recent years. In 1997, hemp-based sales were at $75 million worldwide. Since that time, North America alone has grossed $400 million in hemp-based sales annually. Nearly half of that can be attributed to the U.S.”
(Source: http://nationalaglawcenter.org/assets/crs/RL32725.pdf)
• Do you think some farmers would still be skeptical about growing hemp for industrial use even if the bill passes?
“Farmers and consumers in Kentucky have been advocating for the use of industrial hemp for years; our legislature has also been working towards this. I believe that when this bill is passed, the Commonwealth will be ready.”
• What are some of the key things that the Senator is doing to raise awareness and gain support for his sponsored bill?

“During my time at the Kentucky State Fair, I participated in a rally with Kentucky Agriculture Commissioner James Comer advocating for industrial hemp.”

• Who are the key advocates of the bill?
“Sen. Ron Wyden (D-Ore.) is the leading sponsor of the Industrial Hemp Farming Act of 2012. I am an original cosponsor with Sens. Jeff Merkley (D-Ore.) and Bernie Sanders (I-Vt.).”
• Is the Senator confident that the bill will pass?
“Although there is a groundswell of public support behind this bipartisan bill, we will need to make some headway with current Members of Congress for S. 3501 to pass.”

Note from the Editor
Thank you Senator Rand Paul for shedding light on Bill S. 3501. It’s apparent that the Hemp Bill is pro-farmer and eliminates the barriers for agricultural producers to cultivate hemp has a legal crop recognized by states and the federal government.  This bill not only provides opportunities for economic benefits for rural economies but it also puts an end to the negative association that industrial hemp has from marijuana.

CONTINUE READING…

Marijuana Prosecutions Dropped

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 Prosecutors and police in Washington moved Friday to swiftly back away from enforcing marijuana prohibition, even though the drug remains illegal for another month.

On Friday, the elected prosecutors of King and Pierce counties, the state’s two largest, announced they will dismiss more than 220 pending misdemeanor marijuana-possession cases, retroactively applying provisions of Initiative 502 that kick in Dec. 6.

In King County, Dan Satterberg said his staff will dismiss about 40 pending criminal charges, and will not file charges in another 135 pending cases. Pierce County Prosecutor Mark Lindquist said he will dismiss about four dozen cases in which simple marijuana possession was the only offense.

“I think when the people voted to change the policy, they weren’t focused on when the effective date of the new policy would be. They spoke loudly and clearly that we should not treat small amounts of marijuana as an offense,” Satterberg said.

The Seattle police and King County sheriff also announced Friday their departments would no longer arrest people for having an ounce or less of marijuana, the amount decriminalized by Initiative 502, which passed Tuesday.

The quick pivot by law enforcement reflects Tuesday’s unambiguous vote in which 20 of the state’s 39 counties endorsed I-502, 55 to 45 percent.

Misdemeanor marijuana possession had not been a police priority in Seattle for years, but a study released in October found it was elsewhere: more than 241,000 people statewide were arrested for possession over the past 25 years, at an estimated cost of more than $305 million.

I-502 campaign manager Alison Holcomb said the decision by police and prosecutors affirms the campaign’s argument that legalization would shift law-enforcement priorities.

“If 502 hadn’t passed, we’d see the same amount of marijuana possession cases every year,” said Holcomb. “What makes a difference is changing the law.”

“People Have Spoken”

In interviews, Satterberg and Lindquist said their decisions do not amount to a free pass for marijuana, and the number of cases were so small that it won’t save much money. But both said their decision reflected the voters’ intent in passing I-502′s decriminalization of marijuana for people 21 and over, and for an ounce or less.

The affected cases in King County involve arrests in unincorporated King County, on state highways or at the University of Washington. Satterberg said his staff will continue to prosecute felony marijuana cases, but found, “There is no point in continuing to seek criminal penalties for conduct that will be legal next month.”

Lindquist agreed. “The people have spoken through this initiative,” he said. “And as a practical matter, I don’t think you could sell a simple marijuana case to a jury after this initiative passed.”

The maximum penalties for misdemeanor marijuana possession are 90 days in jail, with one day mandatory, and a $1,000 fine, although most cases are resolved for less.

Snohomish County Prosecutor Mark Roe said in an email that his staff had put marijuana cases “on hold” before the election, and will decide how to handle them after speaking with other prosecutors at an upcoming meeting.

After budget cuts, Roe said his staff has focused on more serious cases. “It simply hasn’t been a big part of our work,” he said.

“Equitable Decision”

Prosecutors across the state will decide whether charging possession cases would be contrary to “the new known intent of the law,” said Tom McBride, executive director of the Washington Association of Prosecuting Attorneys.

He doubted that prosecutors would agree to overturn existing marijuana possession convictions, and prosecutors could clearly enforce existing law up until Dec. 6. “It is an equitable decision, not necessarily a legal one,” he said.

Other agencies are also sorting out I-502′s implications. The UW and Western Washington University reaffirmed that marijuana use on campus would still be banned, even after Dec. 6, because of zero-tolerance strings attached to federal funding.

“While Western abides by all state laws, it also must follow all federal laws and I-502 creates a conflict between the two,” WWU said in a statement. “When state and federal laws are in conflict, federal law takes precedence.”

Because of that conflict, Satterberg said he expects federal authorities to sue to stop Washington from issuing marijuana retailing and growing licenses.

“It’s the kind of issue the U.S. Supreme Court will have a final word on,” Satterberg said. “It’s an important states’ rights issue.”

Source: Seattle Times (WA)
Author: Jonathan Martin, Seattle Times Staff Reporter
Published: November 9, 2012
Copyright: 2012 The Seattle Times Company
Contact: [email protected]
Website: http://www.seattletimes.com/

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