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17 Sep 2013

Thousands Cited for Having Pot on Federal Land

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Karen Strand didn’t think she’d get in trouble for having a small container of medical marijuana when she went hiking in Olympic National Park this summer.

President Barack Obama, she remembered, had said the federal government had “bigger fish to fry” than people who follow state marijuana laws, and Washington state had just legalized pot.

But a ranger pulled her over on a remote gravel road, and Strand wound up as one of at least 27,700 people cited for having pot on federal land since 2009, according to an Associated Press analysis of federal court data. The number of citations is small compared to the hundreds of millions of visitors to national parks, forests and monuments each year.

But it nevertheless illustrates one of the many issues Washington, Colorado and other states face in complying with last month’s Justice Department memo that requires them to address eight federal law enforcement priorities if they want to regulate marijuana. Among those priorities is keeping marijuana use and possession off federal property.

State officials have no plans to license pot gardens or stores on federal land, but beyond that, they say, it’s not clear what they can do to discourage backpackers or campers from bringing a few joints into Rocky Mountain or Mount Rainier National Park.

“It’s not one of the big topics we’ve talked a lot about,” said Jaime Smith, a spokeswoman for Washington Gov. Jay Inslee.

Other concerns on the DOJ’s list include keeping marijuana away from kids and cartels, preventing drugged driving and pot-related gun violence, and keeping unregulated marijuana grows from spoiling federal land.

Thousands of people receive tickets every year charging them with having pot on U.S. property — a federal misdemeanor punishable by up to 6 months in jail and a $5,000 fine. The charges typically don’t result in jail time, but often do require at least one court appearance. They are frequently negotiated down to an infraction, akin to a traffic ticket, and a fine of up to a few hundred dollars.

Through the first seven months of this year, at least 146 people had been cited in Washington for having pot on federal land, which makes up nearly one-third of the state. At least 135 had been cited in Colorado. Washington’s figure is slightly below the same period for the past few years, while Colorado’s is roughly on track.

The number of people cited nationally has dropped, from 6,282 in 2009 to 5,772 in 2012, and is on pace to hit about 5,300 this year, according to data from the U.S. Courts Central Violations Bureau. The citations were issued at national parks, seashores, forests, military bases and monuments. There were even 10 tickets issued at the Pentagon.

Officials say the actual numbers are likely greater: Park rangers and other federal agents sometimes simply write on the ticket that the offender had a controlled substance, without specifying the drug.

Defendants say being prosecuted for having tiny amounts of pot on U.S. land — especially in Washington, Colorado and states with medical marijuana laws — belies the administration’s assertions that going after people who comply with state marijuana laws is not a priority. The DOJ first announced that position in a 2009 memo, though the fine print also made clear that pot isn’t welcome on federal property.

Strand, 36, was pulled over for having a broken taillight, and the ranger reported that he could smell fresh pot. She was ticketed for having 2 grams — far less than the ounce, or 28 grams, allowed by Washington’s recreational pot law, or the 24 ounces allowed by the state’s medical marijuana law.

“It is exceptionally confusing,” she said.

One morning this month, Strand sat in a small, crowded room at the federal courthouse in Tacoma for her initial appearance on charges of marijuana possession and drug paraphernalia — a pipe.

Near her sat her husband as well as several other people caught with weed on federal land, including a 21-year-old man who was accused of having 0.1 grams during a traffic stop on a highway that skirts Mount Rainier National Park.

“I just thought it was legal now,” Jonah Hunt said. “I didn’t know I was on federal land.”

Barbara Sievers, the assistant U.S. attorney handling the cases, informed the defendants their charges would not be dismissed.

“Regardless of whatever happened in the state, it’s federal law, and it’s federal property,” she said.

Former school teacher Melanie Cease, of Seattle, said a park ranger approached her one day in June at a secluded campsite in Olympic National Park. He came to make sure her dog was on a leash, but then saw an empty pipe on the picnic table.

With his hand on his gun, she said, the ranger demanded she turn over whatever pot she had. Cease, 48, was cited for having a “trace amount,” according to the ranger’s report.

“I’ve never been arrested in my life, and now I’m being threatened with six months in jail and a $5,000 fine for using my medicine?” she said. “It was my understanding the government was not going to mess with individual patients.”

Strand and Cease both pleaded not guilty, and their cases were set for trial in October.

Strand and her husband, Thomas, said they remain troubled by what they said felt like harassment from the park ranger. He repeatedly placed his hand on his gun when speaking to them, they said.

“It’s a beautiful place up there,” Thomas Strand said. “And I don’t know if I’ll ever go back.”

Source: Associated Press (Wire)
Author: Gene Johnson, The Associated Press
Published: September 16, 2013
Copyright: 2013 The Associated Press

13 Sep 2013

Conservatives Fight Marijuana Taxation

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In front of the U.S. Capitol Thursday, two congressmen discussed H.R. 2240, the Small Business Tax Equity Act, a little known bill introduced in June by Oregon Democrat Earl Blumenauer to allow deductions and credits relating to expenditures for marijuana sales conducted in compliance with state law.

The bill, according to GovTrack.Us, has a 0% chance of being enacted and has a tiny chance of even getting out of the House Ways and Means committee. The main reason it has reached national attention is Grover Norquist, the President of Americans for Tax Reform, who has corralled 219 Representatives and 39 Senators to pledge to oppose any and all tax increases. He has taken up the no-tax-penalty-for-pot cause. Norquist—who has “No, absolutely not” ever smoked the stuff—believes that federal encroachment on the nascent field of state regulation of marijuana is a deeply serious topic, irrespective of the drug’s effects.

“There’s always a slight giggle factor on the issue dealing with marijuana,” said Norquist. “That said, this is tax policy, this is real stuff. This is important. This is everything from jobs to whether the federal government comes in and writes rules that upsets the apple cart in many, many different states.”

The fact that taxing marijuana has become an issue of debate is a sign of the success of cannabis advocates. In August, the Administration said it would not challenge laws legalizing marijuana in Colorado and Washington, so long as the they implement “strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of marijuana,” according to a Justice Dept. memo. Marijuana is still, however, illegal under U.S. federal law.

Norquist, who says the “double taxation” of marijuana dispensaries received his attention a couple of months ago, says the legal issue should be decided state by state, but as a tax issue there should be no doubt: legal cannabis dispensaries should be able to claim the expense deductions that any other legal business can claim. ” In Colorado and some of these other states, marijuana dispensaries are just legal businesses. They should be treated that way. But federal law makes that difficult to impossible,” says Norquist. “We’ve got to take the IRS out of this issue.”

The press briefing, sponsored by National Cannabis Industry Association, also featured Blumenauer and Rep. Dana Rohrabacher, a California Republican. Blumenauer believes that this issue could be a stepping stone for a greater goal: comprehensive tax reform. ”I think comprehensive tax reform is not something that is beyond our reach, but it is a heavy lift,” said Blumenauer. “It would be nice to do a little momentum building, and have people work together on things that are common sense and have bipartisan support. And this is a classic example.”

While Blumenauer believes this is a “simple fix,” he admits that it could be awhile before a business can claim a tax deduction in its sale of marijuana. “What we’re doing first is building the understanding of this issue and its support,” says Blumenauer. “But I think that this is a perfect item that can be dropped into any tax vehicle going forward.”

Source: Time Magazine (US)
Author: Alex Rogers
Published: September 12, 2013
Copyright: 2013 Time Inc.
Contact: [email protected]
Website: http://www.time.com/time/

12 Sep 2013

Answers Sought for When Marijuana Laws Collide

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A deputy attorney general told the Senate Judiciary Committee on Tuesday that the Justice Department had begun working with Treasury officials and financial regulators to clarify how it legally deals with banks and other businesses that serve marijuana dispensaries and growers in states that have legalized the drug for medical or recreational use.

The deputy attorney general, James M. Cole, said the Obama administration was dedicated to enforcing federal drug laws and was choosing the best among a number of imperfect solutions by relying on states to regulate marijuana “from seed to sale.”

The hearing was the first aimed at sorting out differences between state and federal laws since Colorado and Washington State passed measures approving the recreational use of marijuana in November.

Those laws “underscored persistent uncertainty” about how the Justice Department resolves conflicts between state and federal marijuana laws, said Senator Patrick J. Leahy, the committee’s chairman.

Financial institutions, security providers and landlords that serve marijuana businesses can be prosecuted for racketeering, money laundering and trafficking under current federal laws, which Mr. Leahy said also hinder states in regulating the banking and taxation of growers and dispensaries.

But Senator Charles E. Grassley of Iowa, the panel’s ranking Republican, said the Justice Department move was a step toward broad legalization of marijuana that would result in disastrous consequences for public safety and might violate international treaties. More broadly, he and other critics said, the Justice Department’s new policy was another example of the Obama administration’s picking which laws to enforce and which to disregard.

Marijuana’s status as an illegal drug “isn’t based on a whim,” Mr. Grassley said. “It’s based on what science tells us about this dangerous and addictive drug.”

Mr. Cole responded: “We are not giving immunity. We are not giving a free pass. We are not abdicating our responsibility.”

He said the agency would go after marijuana providers who market the drug to children or who try to sell it across state lines.

Advocates for marijuana legalization say a more coordinated effort between states and the federal government would be an improvement over current policies that have failed to rein in drug cartels and reduce violence.

The Justice Department said last month that it would not seek to pre-empt the state laws as long as states set up “robust” regulations to keep marijuana operations from running afoul of the agency’s top enforcement priorities, like preventing children and drug cartels from obtaining the drug and prohibiting its use on federal land.

But John Urquhart, who was a police officer for 37 years in Seattle before he became the sheriff of King County, Wash., said states were still handcuffed by not knowing how banks and other financial institutions could conduct marijuana-related business.

“I am simply asking the federal government to allow banks to work with legitimate marijuana businesses who are licensed under state law,” he said.

Kevin A. Sabet, a former drug policy adviser in the Obama administration who opposes legalization, said the administration’s decision to rely on states for regulation ignores the Justice Department’s own statements that some marijuana operations had already violated its enforcement priorities.

“I just don’t see any of that being regulated, and that’s what I worry about,” he said.

Colorado and Washington are among the 20 states and the District of Columbia that allow the use of marijuana for medical reasons or for recreation.

A version of this article appears in print on September 11, 2013, on page A18 of the New York edition with the headline: Answers Sought for When Marijuana Laws Collide.

Source: New York Times (NY)
Author: Ashley Southall
Published: September 11, 2013
Copyright: 2013 The New York Times Company
Contact: [email protected]
Website: http://www.nytimes.com/

11 Sep 2013

Fans of Legal Marijuana Cheer

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The pros and cons of marijuana will take center stage Tuesday in Washington, D.C., when the Senate Judiciary Committee holds a landmark hearing on legalization.

Requested by committee Chairman Sen. Patrick Leahy, D-Vt., the hearing was triggered by U.S. Attorney General Eric Holder’s announcement last month that federal authorities no longer will interfere as states adopt laws to allow medical marijuana or to legalize the drug entirely.

The hearing is on conflicts between state and federal marijuana laws. In calling for it, Leahy questioned whether, at a time of severe budget cutting, federal prosecutions of marijuana users are the best use of taxpayer dollars.

Dan Riffle, director of federal policies for the nonprofit lobby group Marijuana Policy Project in Washington, D.C., said he hopes for a breakthrough in the hearing that would lead to changes in federal banking laws, allowing marijuana sellers to accept credit cards and checks, not just cash.

That would do a lot to legitimize the nation’s marijuana industry, safeguarding transactions from the risk of robberies and smoothing the route away from the black market and Mexico’s drug cartels, Riffle said.

But “the elephant in the room is that we have an administration that’s essentially working around federal law” to allow states to legalize marijuana, he said. “What we should do is just change federal law — just legalize marijuana.”

This fall, Michigan lawmakers could take up bills that would ease laws on marijuana and widen medical users’ access to it.

With public attitudes bending toward legalization in the last three years and reaching a majority in March, those who favor legal weed say they’ve reached a watershed year — one like 1930 might have felt to those who welcomed the nationwide legalization of alcohol in 1933.

“It is historic — you can feel it,” said Matt Abel, a Detroit lawyer who heads Michigan NORML, the state chapter of the National Organization for the Reform of Marijuana Laws.

Fans of legal marijuana say their cause just hit the tipping point, and point to a series of events that they say prove that legalization is on the cusp of being more than a pipe dream. They include that:

* In March, for the first time, a majority of Americans — 52% — told pollsters they favored legalizing marijuana, according to the Pew Research Center.

* In anticipation of retail pot stores opening this January, recreational users are flocking to Colorado and Washington state.

* Two national opinion leaders signaled changes of heart about cannabis. CNN medical correspondent and Novi native Dr. Sanjay Gupta, in his documentary “Weed” last month, reversed the stance he expressed in his 2009 Time magazine article, “Why I Would Vote No on Pot.” And U.S. Sen. John McCain, R-Ariz., told an audience in Tucson last week, “Maybe we should legalize marijuana. … I respect the will of the people.”

Planning to be in a front-row seat at Tuesday’s hearing is Neill Franklin, who heads LEAP — for Law Enforcement Against Prohibition — a nationwide group of mostly retired police, judges and corrections officers who want to see all street drugs legalized.

“A nationwide policy of prohibition leads to organized crime, underground crime, mass incarceration, very costly law enforcement, and ironically, the drugs become widely available and more dangerous because there are no quality-control standards,” Franklin said last week.

“We saw that with alcohol,” he said.

But not all at the hearing will be in favor of all-out legalization.

Kevin Sabet, a former senior adviser on drug policy to President Barack Obama’s drug czar, is expected to testify that legalization is being rushed into the states without understanding its consequences.

His arguments are laid out in detail in his new book “Reefer Sanity: Seven Great Myths about Marijuana” (Beaufort Books, New York: $14.95), Sabet said.

“It’s an appeal for a science-based and a health-based marijuana policy, not based on legalization but also not based on incarceration for small amounts” — and instead advocates wider access for marijuana users to state-of-the-art drug treatment programs, said Sabet, the director of the Drug Policy Institute at the University of Florida.

Sabet will bring his message to Michigan next month as a presenter at a public conference on youths and the consequences of marijuana. It’s Oct. 10 at the Oakland County Intermediate School District offices.

“Yes, there are medical properties in marijuana,” Sabet said, “but we don’t need to deliver that by smoking a joint or eating a brownie.”

Source: Detroit Free Press (MI)
Author: Bill Laitner, Detroit Free Press Staff Writer
Published: September 10, 2013
Copyright: 2013 Detroit Free Press
Website: http://www.freep.com/
Contact: [email protected]

10 Sep 2013

NJ Assembly Approves Changes To MMJ Law

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A two-year-old Scotch Plains girl and other sick children who qualify for medical marijuana moved closer to getting the treatments they need after the New Jersey Assembly overwhelmingly approved changes in the regulations on Monday.

Vivian Wilson, a toddler who suffers from a severe, rare form of epilepsy, was issued a card to obtain the drug in February, but faced a number of roadblocks, including a ban on edible cannabis.

Inspired by her story, lawmakers overwhelmingly passed a bill in June to reverse the ban and make other changes but were asked to revisit the issue after Gov. Christie attached recommendations to a veto last month.

A few weeks later, the Senate approved the recommendations, and the Assembly followed suit Monday with a 70-1 vote, with four abstentions.

“We are happy that this is finally being signed into law,” said Vivian’s parents, Brian and Meghan in a statement. “Our next focus will be working with the Mary E. O’Dowd and Department of Health to ensure that this law is properly regulated according to the true intent of the law so that Vivian and all of the other patients in New Jersey can finally start getting the type of medicine they need in the form they need.”

So far, Vivian has been unable to obtain cannabis, partly because of the problems with the law and partly because only one dispensary is open and it cannot meet the demand.

Assemblywoman Linda Stender (D-Middlesex/Somerset/Union), a prime sponsor of the bill, also issued a statement: “For Vivian and many children like her, marijuana may be the only treatment that can provide life-changing relief. As a state, we should not stand in the way of that,” she said.

The legislators initially passed a bill allowing edible marijuana to be sold to all registered marijuana patients, but Christie recommended this variety be restricted to children.

Assemblyman Reed Gusciora (D-Mercer), another sponsor, said that he would have preferred elderly patients and others who cannot smoke to also be eligible to take the drug it by tablet or syrup, or another approved form of edibles.

The revised bill now returns to the governor’s desk for his signature.

During a campaign stop at a diner last month, Christie got into a heated exchange with Brian Wilson, who questioned why Christie had not yet signed the bill for two months and who told Christie “please don’t let my daughter die.” The You-Tube video of the conversation went viral.

Christie’s reply was the bill raised “complicated issues.”

“It’s simple for you, it’s not simple for me,” he said. “I’m going to do what’s best for the people of the state, all of the people of the state.”

Christie, a Republican, has said repeatedly that he wants strict regulations to prevent people from getting access to “pot” if they are not sick.

Wilson later blamed politics and said that Christie is concerned about his conservative base as he considers a run in the 2016 presidential primaries.

Another change in the revised bill that passed Monday will allow dispensaries to cultivate more than three strains of marijuana. The Wilsons have said the three-strain limit makes it difficult for dispensaries to provide a cannabis strain tailored to a small percentage of the patients. Children with epilepsy, she said, require a strain that is high in an anti-seizure chemical and that is low in the ingredient that gives the user a “high.”

Christie let that amendment stand but opposed another one that would require children to get only one doctor to approve their use of cannabis. Currently, children must have a psychiatrist and a pediatrician sign off on the drug, and if neither of them are registered, they need to enlist a third doctor.

Source: Philadelphia Inquirer, The (PA)
Author: Jan Hefler, Inquirer Staff Writer
Published: Monday, September 9, 2013
Copyright: 2013 Philadelphia Newspapers Inc.
Contact: [email protected]
Website: http://www.philly.com/mld/inquirer/

4 Sep 2013

Bowing To The Inevitable On Pot

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Justice Dept. Right Not to Challenge State Laws Legalizing Marijuana

Bowing to changing times and admittedly limited prosecutorial resources, the Justice Department announced last week that it would not seek to block state laws legalizing marijuana for medical and recreational use. The declaration represented a major reversal from the department’s previous position that marijuana is a dangerous drug that the government is obligated to go after under federal law regardless of what state legislatures do. The policy shift unveiled Thursday inevitably will change the conversation about marijuana use in America, and it’s likely to have important legal and social consequences as well going forward, not all of them predictable. But it was nevertheless the right decision.

Eighteen states, including Maryland, and the District of Columbia now have laws decriminalizing possession of small amounts of pot for medicinal purposes.

Two more, Colorado and Washington, recently legalized the drug for recreational use as well. Despite the fact that federal law has not changed, the Justice Department clearly saw the handwriting on the wall. Henceforth, marijuana policy increasingly will be made in state capitals rather than by lawmakers in Washington, with the federal government’s role largely reduced to oversight rather than enforcement.

Proponents of legalizing marijuana hailed the announcement as a major step toward ending all restrictions on the drug. That’s unlikely to happen any time soon, however, given that President Barack Obama has said he opposes lifting the federal ban on pot, and Congress is unlikely to push the issue.

The more probable outcome of the department’s shift in policy is that the country will embark on something in the nature of a national experiment regarding marijuana use and its public health and safety consequences. Eventually, that may lead to some kind of consensus about aspects of the drug’s use that should be regulated or controlled even if it is no longer banned.

Some outlines of such a possible consensus are already coming into view. It’s inconceivable, for instance, that even states that decriminalize the drug for medical or recreational purposes ( or both ) wouldn’t impose strict limits to keep it out of the hands of children, similar to the restrictions that now apply to alcohol and tobacco sales.

Similarly, there would also have to be some kind of uniform regulatory system to protect consumers against tainted or counterfeit products, and rules prohibiting false or misleading advertising as well as guidelines for when and where such products can be marketed. These are all problem states would have to work out for themselves, with the federal government keeping a close eye on whether they are effective in terms of public health and safety.

Obviously, the Justice Department also has a huge interest in seeing to it that any relaxation in state drug laws doesn’t open the door for criminal organizations to profit from illegal sales of smuggled contraband. One of the arguments often given in favor of legalization is that it would allow states to increase revenues by taxing marijuana sales.

But that supposed boon would quickly evaporate if state and federal authorities allowed a flourishing black market in the drug to continue.

And while supporters of legalization claim that lifting the ban on marijuana would drive today’s bad actors out of business, the lessons gained from past experience of efforts aimed at clamping down on illegal sales of cigarettes and booze are hardly encouraging.

Still, there’s no doubt that Americans’ attitudes toward marijuana are changing rapidly.

Many experts, including Attorney General Eric Holder, now recognize that the so-called “war on drugs” the nation has waged over the last three decades has been in many ways counterproductive, filling state and local prisons with hundreds of thousands of low-level, nonviolent drug offenders who then become a permanent drag on the economy when their criminal records prevent them from obtaining gainful employment on release.

The relentless focus on arresting and imprisoning people for possession of small amounts of marijuana has torn apart millions of minority and low-income families and shredded the social fabric of their communities.

America obviously can’t continue along that self-destructive path, but the drive for change will have to come from the states rather than from the federal government. The Justice Department has now acknowledged that it needs to get out of the way so that can happen, and one can only hope the conversation about pot that ensues will produce a way out of the country’s current dilemma sooner rather than later.

Source: Baltimore Sun (MD)
Copyright: 2013 The Baltimore Sun Company
Contact: [email protected]
Website: http://www.baltimoresun.com/

2 Sep 2013

Feds Say They Will Go Easy on Banks

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During the groundbreaking phone call on Thursday, August 29 in which U.S. Attorney General Eric Holder told the governors of Colorado and Washington the federal government would not attempt to intercept regulated legal marijuana in their states, he also said the Department of Justice (DOJ) is “actively considering” how to oversee the relationship between banks and marijuana shops.

According to the Huffington Post, Holder told the governors as long as marijuana shops “operate within state laws and don’t violate other federal law enforcement priorities” the DOJ is looking to regulate those interactions as legal.

Rep. Ed Perlmutter (D-Colo.), a senior member of the House Financial Services Committee, released a statement on Thursday calling for a hearing to discuss his proposed bill, Marijuana Businesses Access to Banking Act (HR 2652). In the statement, he raised concerns over “public safety, crime, and lost tax revenue associated when these legal and regulated businesses are operating in a cash-only system.”

He continued:

“We need to provide financial institutions certainty they can make their own business decisions related to legal, financial transactions without fear of regulatory penalties. Currently, under federal banking laws, many legal, regulated legitimate marijuana businesses operating legally according to state law are prevented from maintaining bank accounts and accessing financial products like any other business such as accepting credit cards, depositing revenues, or writing checks to meet payroll or pay taxes. They are forced to operate as cash-only enterprises, inviting crime such as robbery and tax evasion, only adding to the burden of setting up a legitimate small business.”

To that regard, a senior DOJ official speaking on a condition of anonymity told Huffington Post “the department recognized that forcing the establishments to operate on a cash basis put them at greater risk of robbery and violence.”

CNN warned in a report that since the new guidelines do not change federal money laundering laws, some large banks might “still be leery of doing business with marijuana producers and sellers.”

Along with Holder’s announcement on Thursday came a memo from Deputy Attorney General James Cole, addressed to U.S. attorneys nationwide. The memo outlines eight priorities intended to serve as strict guidelines the attorneys are required to follow as federal marijuana policy when prosecuting in the states where it is legal.

According to the Huffington Post , the anonymous DOJ official said, “For now, financial institutions and other enterprises that do business with marijuana shops that are in compliance with state laws are unlikely to be prosecuted for money laundering or other federal crimes that could be brought under existing federal drug laws, as long as those pot businesses don’t otherwise violate the priorities.”

In addition, the Huffington Post reported, the official said he “would not rule out prosecution in any case, but the new approach is a reversal of a DEA policy that had warned banks not to work with marijuana businesses.

Washington Governor Jay Inslee and the state’s attorney general, Bob Ferguson thanked Holder for his efforts to work with the states’ decision to legalize and regulate pot, and called Holder’s announcement “good news” in a statement on Thursday.

“Attorney General Holder also expressed a willingness to work with the states on a financial structure that would not run afoul of federal law,” they said, calling the news an “affirmation of good work” by the state Liquor Control Board, which the state put in charge of designing a system of regulation and implementation for the new marijuana laws.

They continued, “We can assure the Attorney General that Washington state will remain vigilant in enforcing laws against the illicit marijuana market.”

April M. Short is a Bay Area journalist focusing on social justice reporting.

Newshawk: The GCW
Source: AlterNet (US)
Author: April M. Short
Published: August 31, 2013
Copyright: 2013 Independent Media Institute
Contact: [email protected]
Website: http://www.alternet.org/

1 Sep 2013

Obama Administration Won’t Fight State MJ Laws

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In a historic pivot in the War on Drugs, the Obama Justice Department announced this week that the federal government will allow Washington and Colorado to implement their state laws for the taxation and regulation of legal marijuana.

The carefully worded Justice Department memo does nothing to alter federal law. Instead, it makes explicit the federal objectives of continued enforcement of the Controlled Substances Act preventing activities including the distribution of marijuana to minors, the diversion of marijuana profits to criminals and cartels, the growing of pot on federal land and the export of marijuana from states where it is legal to states that uphold prohibition.

To the extent that states themselves support those federal priorities by implementing “strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of marijuana,” the memo suggests, they should be left alone for now. In a radical twist, the memo even suggests that “robust” state regulation of legal pot “may affirmatively address [federal] priorities by . . . replacing an illicit marketplace that funds criminal enterprises with a tightly regulated market in which revenues are tracked and accounted for.”

The administration’s move exceeded even the rosiest expectations of drug reform advocates. “Today’s announcement demonstrates the sort of political vision and foresight from the White House we’ve been seeking for a long time,” said Ethan Nadelmann, executive director of the Drug Policy Alliance, in a statement. “I must admit, I was expecting a yellow light from the White House. But this light looks a lot more green-ish than I had hoped. The White House is basically saying to Washington and Colorado: Proceed with caution.”

In fact, the memo applies not only to states that have legalized recreational pot (or will), but gives new certainty to the nearly 20 states that have legalized medical marijuana. Most striking, the memo reverses the big-is-bad and profit-is-evil principles that have driven the recent crackdown on medical marijuana operations in California and beyond. “In exercising prosecutorial discretion,” the memo says, “prosecutors should not consider the size or commercial nature of a marijuana operation alone as a proxy for assessing whether marijuana trafficking implicates the Department’s enforcement priorities.”

“This is the most heartening news to come out of Washington in a long, long time,” said Neill Franklin, the executive director of Law Enforcement Against Prohibition. “The federal government is not simply standing aside and allowing the will of the people to prevail in these two states. The attorney general and the Obama administration are exhibiting inspired leadership. The message to the people of the other 48 states, to all who value personal freedom and responsible regulation is clear: seize the day.”

Source: Rolling Stone (US)
Author: Tim Dickinson
Published: August 30, 2013
Copyright: 2013 Straight Arrow Publishers Company, L.P.
Contact: [email protected]
Website: http://www.rollingstone.com/

29 Aug 2013

So Trudeau Smoked Pot. at Least He’s Honest

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That Justin Trudeau has dabbled with pot likely surprised few in Canada. However, his recent admission that he took his last puff just three years ago is provocative.

We’re used to politicians saying they tried marijuana in their carefree youth. And used to them drastically playing down the amount they smoked – that is, if they actually inhaled at all. But these types of political confessions stopped being news a long time ago.

What’s different about Mr. Trudeau’s divulgence is his acknowledgment he did it just a few years ago, while an MP. And, not insignificantly, while the possession of marijuana was still a criminal offence in this country – and remains so. That is either politically brave or stupid. It is without question refreshingly honest.

It’s doubtful Mr. Trudeau and his advisers would not have considered the potential fallout of his story about sharing a joint with friends at his Montreal home. ( He also said he’s only tried marijuana five or six times in his life, and has never done other hard drugs ). They likely determined that those who might be offended by his revelation were probably disinclined to vote for him anyway.

They also likely decided that the vast majority of Canadians would probably shrug at the news. So he took a puff at a dinner party. It’s a scene played out in living rooms and backyard patios among young professionals like Mr. Trudeau every day. Pot is the parlour drug of choice for many urbanites, and long has been. Many prefer its mellow effect to the toll of an evening of drinking.

In Vancouver, of course, you can’t walk along a downtown street without encountering pot’s pungent odour. I can assure you, Mr. Trudeau did not hurt himself on the West Coast with his frank disclosure. And certainly the young people who have been drawn to his political crusade aren’t going to punish him. Rather, they will laud him for his candour.

The stigma that once existed around marijuana has mostly dissipated. Almost every week another group is calling for its legalization. Mr. Trudeau himself recently came out in support of it. Health professionals across the country have long pointed out it’s time to legalize and regulate the sale of cannabis the way we do alcohol.

Even south of the border, where the war on drugs was lost a long time ago, some U.S. states have moved to legalize cannabis. So far, Prime Minister Stephen Harper has shown no interest in moving down this road. Even if Mr. Harper believed that heeding the many calls to decriminalize pot was the right thing to do, he likely couldn’t do it. The Conservative base would never forgive him.

Consequently, this allows Mr. Trudeau to look more enlightened on the subject, more in tune with modern thinking. A vast majority of Canadians support decriminalizing marijuana because it makes sense. Why clog up an already overburdened court system with people nailed for having a bit of weed in their possession?

It will be intriguing to see what the Tories do with Mr. Trudeau’s revelation. Will they make a big deal out of the fact that he was breaking the law when he lit up? This, by a man who purports to want to run the country! They had no qualms about making fun of Mr. Trudeau for being a drama teacher. Will they now propose his marijuana use confirms he’s as big a flake as they’ve been suggesting?

Over the years we’ve learned that when it comes to trying to destroy political opponents, the Conservatives will do, and say, just about anything.

I would suggest, however, that going after Mr. Trudeau on this matter will not get the traction the Tories are seeking. If anything, it may just make Canada’s governing party look dated, out of touch and even a little paranoid.

Source: Globe and Mail (Canada)
Copyright: 2013 The Globe and Mail Company
Contact: [email protected]
Website: http://www.theglobeandmail.com/
Author: Gary Mason

28 Aug 2013

Trudeau’s Admission Sparks Pot Debate

posted in: Cannabis News | 0

Liberal Leader Justin Trudeau’s marijuana mea culpa has sparked some serious reefer madness on Parliament Hill.

Trudeau’s confession that he smoked a joint after becoming an MP has put the pot-smoking predilections of politicians – if any – under the microscope.

It now seems every parliamentarian is being asked if they’ve ever fired up a fattie.

For the record, Foreign Affairs Minister John Baird says he has stayed away from the drug after seeing a U.S. Supreme Court nominee withdraw after it emerged he smoked marijuana in college.

“I came of age politically in the 1980s and I can recall when one of President ( Ronald ) Reagan’s nominees for the U.S. Supreme Court had to withdraw because of his use of that substance, so I took my example from that,” Baird said.

The question also came up at a news conference with Employment Minister Jason Kenney and Citizenship and Immigration Minister Chris Alexander.

Kenney says he has never smoked a joint – although he did admit to drinking coffee, a jab at the java-averse Trudeau.

“I’ll let Mr. Trudeau’s comments and actions speak for themselves,” he said, parroting Prime Minister Stephen Harper’s response a day earlier. “All I can say is, I would like to make a public confession that I do drink coffee.”

Alexander chimed in, saying he, too, drinks coffee.

Justice Minister Peter MacKay also got in on the pot pile-on, saying most Canadians expect their elected representatives to stick to the straight and narrow.

“It’s currently against the law to smoke dope. I think most Canadians expect that their member of Parliament will obey the law,” MacKay said Friday in Halifax.

“But this admission of smoking marijuana, breaking the law, doing so knowingly while he was a member of Parliament – the politics of this are such that there’s an element of hypocrisy of having voted on the record to increase penalties around the same time that he was lighting up. So his credibility is a little up in smoke.”

Trudeau, who was elected to Parliament in 2008, voted a year later for mandatory minimum sentences for pot production.

Not everyone was such a buzzkill, though. In an interview with Global TV’s The Morning Show, actor George Takei praised Trudeau’s candour.

“It’s going to be a great positive for him,” said Takei, who played Mr. Sulu on the original Star Trek series. “It serves Canada well to have a politician who can be known for his honesty and forthrightness.”

One of Trudeau’s caucus colleagues also came to his defence.

“People admire Justin’s candour and his common sense,” Liberal MP Scott Brison said in an interview. “I’ve also had comments from people that find people like Stephen Harper and Peter MacKay hopelessly out of touch with near-toxic levels of sanctimony and more interested in attacking someone’s character than actually listening to reason.”

He said no one has questioned Trudeau’s judgment in toking while an MP.

“No, I have not heard that at all from anybody,” he said, dismissing Tory attempts to persuade Canadians that Trudeau is unfit to govern.

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