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

posted in: Industrial Hemp 0

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/

Alaska Primed To Become Third State To Legalize

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Alaska is poised to become the third state to legalize retail marijuana after pro-pot advocates this week cleared the signature hurdle to place an initiative on the August ballot.

The Committee to Regulate Marijuana Like Alcohol in Alaska hit 31,593 valid signatures Tuesday, well above the 30,169 signatures required to place the measure before voters. The initiative is expected to appear on the Aug. 19 primary ballot once a final count is certified by the state.

Alaska follows in the footsteps of Colorado and Washington, where voters approved measures to regulate the sale of recreational marijuana for adults in November 2012. Colorado unveiled the nation’s first retail pot shops in Jan. 1, and Washington is expected to begin marijuana sales in June.

Dependably Republican Alaska would become the reddest state to approve retail marijuana, but Committee spokesman Taylor Bickford predicted the legalization effort would appeal to the electorate’s libertarian streak.

“Alaska voters have a large degree of respect for personal liberty and freedom, and that’s reflected in the poll numbers we’ve been seeing,” said Mr. Bickford.

A newly released survey shows the idea already has significant public support. A Public Policy Polling survey posted Wednesday found 55 percent of registered voters polled agree with legalizing pot for recreational purposes, with 39 percent opposed.

Opposing the measure is Smart Approaches to Marijuana, a year-old group founded by former Rep. Patrick J. Kennedy, Rhode Island Democrat, that favors decriminalization for pot smokers but not legalization.

“We’ve been approached by Alaskan treatment and prevention providers to offer advice,” said SAM co-founder Kevin Sabet.

So far Alaska’s leading elected officials haven’t said much about the issue, although the Marijuana Policy Project is lobbying for the support for Rep. Don Young, Alaska Republican, who backed a House bill last year to protect marijuana businesses from federal prosecution as long as they comply with state law.

“It’s a states’ rights issue, period,” Mr. Young told the Alaska Dispatch.

The marijuana measure would appear on the primary ballot alongside a number of other high-profile contests. Republicans are waging a contested Senate primary to decide who will face vulnerable Democratic Sen. Mark Begich in November.

The ballot is also expected to include initiatives on repealing a tax cut for oil companies and boosting the minimum wage, which could increase voter turnout.

The Alaska initiative hews closely to the language in the Colorado and Washington measures, which legalize small amounts of marijuana for adults 21 and over. The sale and cultivation would be regulated by the state in a manner similar to that of liquor.

The state Alcoholic Beverage Control Board would have regulatory oversight over recreational marijuana, but the state legislature would have the option of establishing and shifting authority to a Marijuana Control Board.

The measure also calls for a $50 per ounce excise tax for sales or transfers of marijuana from a cultivation facility or a store. Local governments could opt out by banning retail sales in their jurisdictions, although marijuana use and possession would still be legal.

The campaign doesn’t have an estimate yet on how much revenue would be generated under the initiative, but “what we do know is that a lot of jobs are going to be created, there will be a significant economic boost, and the state will have a new source of tax revenue,” said Mr. Bickford.

The biggest losers would be those now profiting from marijuana sales, he said, namely dope dealers and criminal syndicates.

“We expect to put a lot of drug dealers out of business by selling marijuana over the counter in a regulated market instead of on the black market,” said Mr. Bickford.

Source: Washington Times (DC)
Author: Valerie Richardson, The Washington Times
Published: February 6, 2014
Copyright: 2014 The Washington Times, LLC
Website: http://www.washtimes.com/
Contact: [email protected]

Eric Holder’s Pot Problem

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Twenty states plus the District of Columbia now allow sales of medicinal marijuana, allowing pot prescriptions to treat pretty much any malady, from a headache to a hangnail. Colorado and Washington have legalized the drug for recreational use, too.

Yet federal law still prohibits the possession, use and sale of marijuana for any reason. This dichotomy explains why some banks are reluctant to accept the large amounts of cash that pot purveyors generate — even if the cash is legal under state law.

To redress this, U.S. Attorney General Eric Holder has promised to issue guidelines to make it easier for marijuana sellers who are operating in accordance with their state laws to use the banking system. Large amounts of cash “just kind of lying around with no place for it to be appropriately deposited,” Holder mused, “is something that would worry me, from a law enforcement perspective.”

The fact is, Holder encouraged those bundles of unbanked cash to be assembled in the first place. Last year, perhaps in a nod to opinion polls showing that a majority of Americans favor marijuana legalization, he said the Justice Department wouldn’t seek to overturn the Colorado and Washington measures. Nor, he said, would Washington interfere with the 20 states that allow medicinal marijuana. Instead, federal drug agencies and prosecutors would leave it to local authorities to enforce marijuana laws.

All of which raises the question: When did it become acceptable for the country’s top law-enforcement officer to decide which federal statutes to enforce and which to ignore? Even those who agree with the broader policy of marijuana legalization should be left uneasy by open defiance of the rule of law.

Under the 1970 Controlled Substances Act, marijuana is classified as a Schedule 1 drug, which means it has high potential for abuse, serves no medical purpose and isn’t safe even under a doctor’s supervision. As recently as 2005, the U.S. Supreme Court ruled that, even in states that allow medical marijuana sales, sellers and users can be prosecuted.

Whether or not a law is outmoded, unpopular or overtaken by cultural change, the attorney general doesn’t have the authority to ignore it altogether in half the country. To do so is wrong, and has practical consequences: Holder’s pronouncement caused a surge of cash to flow from the black-market weed business into the regular economy. His guidelines presumably will make it possible for buyers to use credit and debit cards now — and for banks to accept those transactions — without fear of reprisal. But some banks won’t go along.

Banks are subject to federal banking laws, including the anti-money-laundering statute, which discourages large deposits of cash by requiring reams of paperwork to document where it came from and where it went. When regulators don’t enforce the rules, lawmakers haul them in, Holder’s blind eye notwithstanding.

What’s more, in states that allow marijuana sales, a whole new pot economy has grown up, complete with cannapreneurs, growers, equipment makers, transporters and even private-equity financiers. The National Cannabis Industry Association estimates marijuana sales will exceed $2 billion in 2014 and $10 billion by 2019. Nevertheless, a future president could wipe the industry out by regarding the federal prohibition as wise and strictly enforcing the law.

If that happens, the marijuana industry and thousands of employees would be put out of work or forced back underground. Banks would again refuse to accept their cash, dispensaries would have to unplug their ATMs, and Visa and MasterCard would refuse to process marijuana transactions. Sales of the drug would continue, of course, but they would again go untaxed and unregulated.

At any rate, guidelines from Justice wouldn’t be enforceable in court, and therefore wouldn’t provide the legal defense bank lawyers must have before advising their clients there is a safe harbor against prosecution. 

It’s time Congress recognized reality. With 22 states openly in defiance of the federal statute, lawmakers should decide whether to keep the national ban or turn the question of marijuana decriminalization over to the states. Congress could, for example, withdraw marijuana from the Schedule 1 list, recognize that it has useful medical applications and let the states decide whether and where to allow its use.

What shouldn’t be an option is for the Justice Department to look the other way.

Source: Bloomberg.com (USA)
Published: February 2, 2014
Copyright: 2014 Bloomberg L.P.
Contact: [email protected]
Website: http://www.bloomberg.com/

Indiana Senate Committee Unanimously Approves Industrial Hemp Bill

posted in: Industrial Hemp 0

Indiana Senate Committee Unanimously Approves Industrial Hemp Bill

INDIANAPOLIS, IN — Allowing farmers to grow hemp in Indiana could help boost the economy and dispel myths about a crop that can be used to make everything from paper to car parts, supporters told lawmakers Friday.

The testimony helped convince the Senate’s agriculture committee to unanimously approve a bill, Senate Bill 357, that would enable farmers to legally grow industrial hemp, but only if they or the state gets federal approval. Hemp is marijuana’s non-intoxicating cousin but it cannot be grown under federal law, though many products made from hemp, such as oils and clothing, are legal.

The bill’s sponsor, Sen. Richard Young (D-Milltown), said hemp fields flourished in Indiana before and during World War II, but petrochemical industries and other industries later lobbied against hemp — which can also be used to make fuel — to cut competition.

“This is a plant that has been used for centuries throughout the world and has tremendous potential,” Young said.

But lingering stereotypes have haunted efforts to legalize the crop ever since, said Neal Smith, chairman of Indiana National Organization for the Reform of Marijuana Laws.

Kentucky passed similar legislation last year, and eight other states have done the same, according to the National Conference of State Legislatures.

The 1970 Controlled Substances Act requires hemp growers to get a permit from the Drug Enforcement Administration. The last permit was issued in 1999 – and expired in 2003 – for an experimental plot in Hawaii. U.S. Sens. Rand Paul and Mitch McConnell of Kentucky are co-sponsoring legislation that would federally legalize industrial hemp farming.

The economic benefits remain unclear, however, and whether Indiana would receive a permit is uncertain.

Still, Indiana farmers said waiting on state legislation would be a disadvantage.

“I wish Kentucky wouldn’t always be in front of us,” Indiana Farmers Union member Pam Patrick told the committee. “When I see industrial hemp, I see money.”

University of Kentucky research from last year suggested Kentucky could support about 80,000 acres of hemp that would bring in between $200 and $300 per acre, although increasing supplies could cut that to about $100 per acre. The research shows the current national market for the crop is small, and likely could only support a few dozen jobs in Kentucky.

Also in speaking in favor of the Indiana legislation were two mothers of children with Dravet syndrome, a rare childhood disease that causes frequent seizures. Cannabidiol, a chemical in hemp, is sometimes used to stop the seizures.

Brandy Barrett broke down in tears while telling lawmakers how her 7-year-old son can’t visit the zoo because overstimulation can trigger seizures.

“Help me and help all the state of Indiana be a voice for these children,” Barrett said. “Support this bill.”

No one spoke against the bill, which now moves to the full Senate.

Over thirty countries produce industrial hemp, including Australia, Austria, Canada, Chile, China, Denmark, Egypt, Finland, France, Germany, Great Britain, Hungary, India, Italy, Japan, Korea, Netherlands, New Zealand, Poland, Portugal, Romania, Russia, Slovenia, Spain, Sweden, Switzerland, Thailand, Turkey and Ukraine.

The United States is the only developed nation that fails to cultivate industrial hemp as an economic crop, according to the Congressional Resource Service.

The world’s leader in hemp production is China.

Controlled Substances Act , hemp , hemp cultivation , hemp farming , IN SB 357 , Indiana , Indiana hemp , industrial hemp , Richard D. Young , Senate Agriculture and Natural Resources Committee

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Marijuana Contests To Join County Fair in Colorado

posted in: Cannabis News 0

Pot at the county fair? Why not? Colorado’s Denver County is adding cannabis-themed contests to its 2014 summer fair. It’s the first time pot plants will stand alongside tomato plants and homemade jam in competition for a blue ribbon.

There won’t actually be any marijuana at the fairgrounds. The judging will be done off-site, with photos showing the winning entries. And a live joint-rolling contest will be done with oregano, not pot.

But county fair organizers say the marijuana categories will add a fun twist on Denver’s already-quirky county fair, which includes a drag queen pageant and a contest for dioramas made with Peeps candies.

“We thought it was time for us to take that leap and represent one of the things Denver has going on,” said Tracy Weil, the fair’s marketing and creative director.

The nine marijuana categories include live plants and clones, plus contests for marijuana-infused brownies and savory foods. Homemade bongs, homemade roach clips and clothing and fabric made with hemp round out the categories.

Judges will look only at plant quality, not the potency or quality of the drugs they produce. Other contests – patterned after Amsterdam’s famed Cannabis Cup – already gauge drug quality and flavor.

Top prize is $20, plus of course a blue ribbon. The fair already has a green ribbon – awarded for using environmentally conscious methods.

The entries will be shown in a “Pot Pavilion” open only to people over 21. Alongside the pot entrants will be 24 categories of homemade beer, four categories for homemade wine and one category for “spirits and liqueurs.”

Prizes will also be given for speedy joint-rolling, though fair organizers insist there won’t be any marijuana consumption on-site. Competitors in the live Doritos-eating contest will have to acquire their munchies elsewhere.

Even the photographs of the winning plants will be viewable only by adults 21. Organizers don’t want 4-H competitors in the popular rabbit and goat contests wandering by a pot display.

“We have a lot of families and kids at the fair, of course, and we wanted to be respectful of that,” Weil said.

Denver’s fair is far from traditional, though. Denver County didn’t have a county fair until 2011. Organizers wanted an urban, hip element alongside traditional fair favorites like a Ferris wheel and cotton candy.

There’s a speed text-messaging contest, and the highlight staple of a Western fair, a rodeo, has been replaced with a bicycle rodeo and a troupe of performing pigs. About 20,000 people attended last year.

The marijuana contests aren’t likely to spread to other fairs in Colorado. Officials in Routt County, in western Colorado, voted last year to expressly ban marijuana from its county fair.

And Colorado State Fair organizers have expressed no interest in marijuana competition.

California holds an Emerald Cup at the fairgrounds in Sonoma County, Calif., where guests with medical clearance are able to sample the drug. That contest is held at the fairgrounds but isn’t a part of the county fair.

Source: Associated Press (Wire)
Published: January 28, 2014
Copyright: 2014 The Associated Press

Eric Holder Says Kids Won’t Be Able To Toke Up

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General Eric Holder said Wednesday that just because states are legalizing marijuana for recreational purposes doesn’t mean minors will be able to roll up a joint.

“People cannot buy alcohol I guess now until you’re age… age 21, but young people find ways to get alcohol because adults can have access to it,” Holder said before the Senate Judiciary Committee. “I’m not sure that we will see the same thing here given what we have said with regard to our enforcement priorities.”

His comments came as Colorado and Washington state have been implementing new laws allowing recreational pot. Marijuana remains illegal under federal law, and under questioning, Holder defended the Obama administration’s stance in allowing the states to move forward with their laws while the feds work to make sure the drug doesn’t become available to minors or move across state lines.

“The distribution of marijuana to minors will… will entail a very vigorous federal response,” Holder said.

The Department of Justice is expected to unveil new guidelines that might help banks transact with legal marijuana companies, which are increasingly worried about the dangers of operating all-cash businesses.

Alabama Republican Sen. Jeff Sessions, a member of the committee, lamented President Barack Obama’s recent comments that marijuana isn’t more harmful than alcohol, saying he was “heartbroken” to hear Obama argue that states’ experiments in legalization should go forward. Sessions said the country had previously worked to“create a hostility to drug use” that shouldn’t recede.

“I think that the use of any drug is potentially harmful,” Holder said of Obama’s comments. “And included in that would be alcohol.”

Sessions was skeptical. “Well, Lady Gaga says she’s addicted to it and it’s not harmless,” he said.

Source: Time Magazine (US)
Author: Maya Rhodan
Published: January 29, 2014
Copyright: 2014 Time Inc.
Contact: [email protected]
Website: http://www.time.com/time/

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