Posts Tagged ‘LEGALIZE IT’

“I Don’t Want You To Smoke; I Just Want You To Understand Why I Do”

My name is No Inhale. I am 20 years old and I live in Portland, Oregon. I am part-owner and administrator for The Weed Blog. I don’t have a criminal record and I’m attending school full-time, but still people don’t think I am capable of leading a healthy and productive life. I’m not here to endorse smoking marijuana, nor am I here to convince anyone to try it. I am only asking those around me to, not only understand why I smoke cannabis, but accept it, as well.

I first smoked when I was a freshman in high school; I was 14 years old and just as blissfully unaware of my own ignorance as I am now. I didn’t like how it made me feel then, so I only did it a handful of times before quitting for the remainder of my high school career. I was approached by Johnny Green and Ninja Smoker in May of last year. They knew I supported those who used marijuana, but did not smoke it myself. This gave me enough credibility (and relevance) to start writing for the website. It’s a year later, and a few things have changed; mainly, that now I am, once again, a marijuana consumer.

I remember the petty judgments and shallow reception the “stoners” got in high school, but I always thought the animosity stemmed from 1,200 insecure teenagers forced to be around each other five days a week. Unfortunately, the adult world can be just as judgmental and closed-minded as a pack of 16 year old girls. Both sides of this issue are tired of the opposition’s repetitive rhetoric. Stoners, bible thumpers, rednecks, liberals, conservatives, hippies have all been beating their dead horses since June, 1971. It’s gotten so ridiculous that both sides are stretching the truth to serve their causes.

My time around cannabis culture has exposed me to hundreds of claims and “facts” about marijuana; many contradicting. What I have extrapolated from my experiences is much less dramatic than a painful death or a cure to all ailments. Marijuana is a plant; it grows naturally in the dirt. The fact that we have made nature illegal should show you how out of hand this has gotten. My father recently passed away from esophageal cancer. It was a three year battle of hell, but marijuana helped him enjoy his last years alive. I can’t imagine anyone would want to throw him in jail for trying to make his last years livable. Marijuana is not the cause of, nor the cure for, cancer, it’s just a plant that amplifies the positive emotions a person feels. Food tastes better, movies are more enjoyable, people are friendlier. Marijuana gives me a certain lucidity, a certain intimacy with everything around me, including myself. Sounds super stoney, right? So, who gives a shit?? Let me be a stoner. Let me laugh at Jay and Silent Bob, let me appreciate every-day objects as divine creation, let me see the beauty and symmetry this world has to offer. Why do you care? Let me enrich my life the way I want to. Let me roll my spliff and sink into my own subconscious, I promise you will come to see that marijuana is just another consumable this earth offers. No different from an apple, no different from chocolate cake, no different than salt and pepper. I don’t want you to join me (although you are always welcome), I just want you to understand and leave me to my happiness.

Majority of States Could Soon Have Legal Medical Marijuana

A few months ago, Congressman Jared Polis told the Colorado Independent that he thought it would take a majority of states legalizing medical marijuana or otherwise liberalizing their laws before Congress would be likely to do anything at the federal level.

Currently, 16 states and the District of Columbia have legalized medical marijuana. Now it looks like at least one more state is moving in that direction, with two different measures moving toward a vote in Ohio.

From The Columbus Dispatch: While Cleveland billionaire Peter Lewis already had sent up smoke signals about organizing and funding a medical marijuana ballot issue, another group quietly has been laying the groundwork for a constitutional amendment.

If approved by voters, the Ohio Medical Cannabis Act of 2012 would establish a regulatory system modeled after the Ohio State Liquor Control system. There would be an Ohio Commission of Cannabis Control, plus a state division and superintendent to run it. Marijuana purchases would require a doctor’s prescription and would be subject to state and local sales taxes.

 

Peter Lewis is the chairman of the board of Progressive Insurance Company, a company founded by his father. He has donated almost a quarter of a billion dollars to Princeton University, at least $15 million to the ACLU and $3 million to the Marijuana Policy Project, an organization that, among other things, tracks marijuana policy in the states.

Karen O’Keefe, of MPP, says she sees a scenario by which 27 states have legalized medical marijuana by 2014. In addition to Ohio, other states apparently on the cusp include Connecticut, Massachusetts, New York, Arkansas, Idaho, North Dakota and New Hampshire.

Once a majority of states have passed laws, she says it becomes much more likely that Congress will pass a bill like the one recently introduced by Rep. Barney Frank, D-MA, Rep. Jared Polis and others that would actually legalize marijuana federally, leaving it to each state to either keep it illegal at the state level or to legalize, regulate and tax it.

She said that even if a bill like that doesn’t pass, with each new state that legalizes medical marijuana it becomes more likely that congress will address the issue by at least instructing federal law enforcement agencies not to prosecute anyone who is in compliance with state laws that legalize and regulate medical marijuana.

 

http://www.chroniccandy.com/2011/07/majority-of-states-could-soon-have-legal-medical-marijuana/#.TiXLbBO4YGc.facebook

The Marijuana “Tipping Point”

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Graphic: NewsReview.com
By Jack Rikess
Toke of the Town
Northern California Correspondent
The writer and social critic, Malcolm Gladwell, defines the ‘Tipping Point’ as the moment of critical mass, the threshold, the boiling point; the point at which the buildup of minor changes or incidents reaches a level that triggers a more significant change or makes someone do something they had formerly resisted.
Another way of saying it would be that point in time and space when everything changes and there’s no turning back.
Every day there are more encouraging headlines appearing in newspapers and on the Web from California to Maine supporting medical marijuana legislation suggesting the tide is turning.
Even when the cynics call medical marijuana a joke and claim the real goal of this smokescreen movement is legalization of pot, there are medi-jane supporters with valid and logical arguments to counter-balance any archaic rhetoric with which the anti-pot forces continue to misinform.

New Jersey passed one of the most restrictive medical marijuana rights and benefits program on the books so far. The state with a very conservative governor will soon have medical marijuana. Why? Because the people wanted it.
 It does seem like Time is marching on, but when is it gonna get there?
We’re zeroing in on something but when is the Tipping Point going to kick in fully regarding medical marijuana?
What possible signs do we need to see before we believe that it works?!
Here are some small recent events that may prove someday to have influenced the way we think, tipping the scales our way towards a bigger picture…
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Photo: KSL.com
Utah Atty. Gen. Mark Shurtleff opposed medical marijuana — then he got cancer.
​1) Okay, this guy never ever got high and he’s for Medical Marijuana!
Utah Attorney General Mark Shurtleff approves of medical marijuana after battling cancer.
Shurtleff said he would support the legalization of medical marijuana after experiencing months of intensive cancer treatment.
Shurtleff said never used marijuana himself, but had talked to other patients who had traveled out-of-state to receive marijuana treatment.
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Photo: 99Post
Miss USA Alyssa Campanella: “Medical marijuana is very important to help those who need it medically”
​2) Not innocent enough. Okay, as they say, from the mouth of babes…
During the question-and-answer part of the competition, Miss California Alyssa Campanella was asked about her perspective on the medicinal cannabis.
“Well, I understand why that question would be asked, especially with today’s economy, but I also understand that medical marijuana is very important to help those who need it medically,” Alyssa said.
“I’m not sure if it should be legalized, if it would really affect, with the drug war,” she said. “I mean, it’s abused today, unfortunately, so that’s the only reason why I would kind of be a little bit against it, but medically it’s OK.”
She got Miss USA.
When’s the last time you had the crown on the line and you spoke the truth?
I actually can understand why someone could dismiss a beauty queen and a cancer patient as being not scientific enough. They’re just regular people.
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​3) What about Big Business. They have scientists? They have economists? They understand the world…? Don’t they?
Scott’s Miracle-Gro Company has long sold weed killer. Now, it’s hoping to help people grow killer weed.
In an unlikely move for the head of a major company, Scott’s Chief Executive Jim Hagedorn said he is exploring targeting medical marijuana as well as other niches to help boost sales at his lawn and garden company.
“I want to target the pot market,” Mr. Hagedorn said in an interview.
“There’s no good reason we haven’t.”
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​4) We’ve heard from the People, Big Business, and now from across the aisle comes…
Congressmen Ron Paul, Barney Frank and others will introduce legislature Thursday that aims to end a major part of the war on drugs — namely the battle against marijuana.
Reps. Paul (R-Texas) and Frank (D-Mass.), though technically on opposite sides of the aisle, have often spoken out against the war on drugs and will propose a bill “tomorrow ending the federal war on marijuana and letting states legalize, regulate, tax, and control marijuana without federal interference,” according to a statement from the Marijuana Policy Project via Reason.
The bill would allow the individual states to decide how they want to deal with pot.
The legislation, co-sponsored by Rep. John Conyers (D-Mich.), Rep. Steve Cohen (D-Tenn.), Rep. Jared Polis (D-Colo.), and Rep. Barbara Lee (D-Oakland), is the first of its kind to be proposed in Congress that would end the 73-year-old federal marijuana prohibition that began with the Marijuana Tax Act of 1937.
…….
These four events that just transpired in the last month couldn’t be more current, more ‘now.’ What is it going to take in order for that cosmic plate to tilt to our side? And stay that way!
Entrepreneurs and forward thinkers are testing the waters of the medical marijuana Industry with venture capitalists abroad throwing dollars into edible research think-tanks and other esoteric ganja-related enterprises.
Politicians and law enforcement from all walks and talks of life are coming forward, decrying that the time is now to lose the campaigns that have never worked and to embrace a new way of thinking. To challenge the uncommon wisdom and to end the wars on law abiding citizens who because they ingest a specific weed, they could have their lives ruin because we, as a nation and a society refuse to change.
Sixteen states support medical marijuana. Every poll taken shows public support for medical marijuana. GW Pharma (Weed) and Novartis (Ritalin, Excedrin) have become partners in Sativex (medical marijuana spray) licensing pact overseas and now, in America.
“My professional view of cannabis as a substance is that it appears to be a remarkably safe substance in comparison to most medicines prescribed today,” said Dr. Geoffrey Guy, chairman of GW Pharmaceuticals. “The more I learn about this plant the more fascinated I become. It has through its various constituents multiple effects of therapeutic interest, many of which are now being validated by the enormous growth in basic cannabinoid research.”
What is it about marijuana that makes us afraid to go forward and embrace a new safer tomorrow? Pharmaceutical giants are moving forward with patents and marketing. You would think that the data from research geeks would be refutable, they’re the same people who give us our aspirin, for gosh sakes.
The data’s coming in like a Haboob through Phoenix. Unstoppable. Marijuana has applications that can help certain people. That’s it. It can’t be changed.
Marijuana does some good. It’s proven.
You can’t go backwards with that. Only thing you can do is not open your eyes to what’s in front of them.
Why aren’t we coming together as a nation over this issue when people with perspectives as different as those of Miss USA to the Mormon Attorney General of Utah support medical marijuana?
When law enforcement officials and Ex-President Jimmy Carter come forward to say the War on Drugs not only doesn’t work, it’s unwinnable. A waste of money.
Speaking of money, when Wall Street, Main Street and Home Depot all say the time is right to build the future fields of dreams of medical marijuana that only Weed-Gro can protect. What more do we need to hear?
Do we need Nancy Reagan in her Chanel housecoat to come forward to say she was wrong? Would that be the final straw? Would that be our national Tipping Point? To have someone other than ourselves say it is okay for us to have this weed? Mommy, please say its okay because in 1937, someone said it was bad.
Right now President Obama has alienated the Ganja Nation with his reversal on leaving the medical marijuana community alone. More and more his obtrusive agenda is forcing the hand of medical marijuana to take a stand, one way or another in various localities. Howard Zinn said you can’t be neutral on a moving train.
Opinion is sliding to the side where the weed grows green and high. Mendocino County is aggressively constructing a platform that is workable for growers and law enforcement alike. Not perfect, but a start.
Growers are paying taxes in exchange for their right to grow medical marijuana. They pay just like anyone else.
The Tipping Point is already here. Embrace it.

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Photo: Jack Rikess
Toke of the Town correspondent Jack Rikess blogs from the Haight in San Francisco.

Jack Rikess, a former stand-up comic, writes a regular column most directly found at jackrikess.com.

Jack delivers real-time coverage following the cannabis community, focusing on politics and culture.

His beat includes San Francisco, the Bay Area and Mendocino-Humboldt counties.

He has been quoted by the national media and is known for his unique view with thoughtful, insightful perspective.

Top 11 Reasons America Doesn’t Want Marijuana Legalized

By Steve Elliott ~alapoet~ in Culture
Wednesday, June 29, 2011, at 12:57 pm
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        Photo: NORML Blog
​​​​
By Jack Rikess
Toke of the Town
Northern California Correspondent

11. Wars make money for a few and kill the rest…

The War On Drugs makes money for cartels, police, the government, prisons, politicians, crooks, and all those other people we can’t see, like the Glad Bag people and the grow-light industry.
This 100-year revenue stream could dry up if Americans couldn’t be arrested for a drug that has been proven to be less destructive than whole milk.

10. Doesn’t matter what we do?
Barney Frank and Ron Paul cross the aisle for a bi-huggable confabulous (I know, but let me have it) bill supporting the legalization of marijuana.
Lamar Smith (R-Texas, surprise!), drinking buddy of the alcoholic lobbyists everywhere, will single-handedly try to stop the demon weed so that beer, wine and booze will never have to suffer like it did for those 13 long years almost a hundred years ago.
Lamar, according to Opensecrets.com, makes around 20 grand a year to ensure that the only bud that American kids put to their lips, has an Anheuser-Busch label on it.
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Photo: Joe Raedle
​9. Drinking went up during Prohibition.
I know — who cares? — but apparently when you can’t get something, you want it more.
Per capita consumption of alcohol had been declining in the U.S. right before Prohibition started. After alcohol consumption hit an all-time low in 1921, it began to increase starting in 1922.
Especially alarming is economist Mark Thorton’s research finding that the “homicide rate increased from 6 per 100,000 population in the pre-Prohibition period to nearly 10 per 100,000 in 1933.”
8. In 1937, the guy who started this whole fiasco said…
“No one knows, when he places a marijuana cigarette to his lips, whether he will become a philosopher, a joyous reveler in a musical heaven, a mad insensate, a calm philosopher, or a murderer.” ~ Harry J. Anslinger
And people still believe this… Let me help you out, America. You get mellow when you smoke. Whatever was troubling you hurts less now.
Harry was right about it making music and stories better, but murderers and insensate? I haven’t insensate since high school. (Someone should tell me what “insensate” means.)
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Arkansans for Compassionate Care
​7. Where are the doctors? The AMA?
When all the false information was produced to scare America into marijuana prohibition in 1937, only one doctor testified before the congressional hearings.
All “evidence” was contrived by a small clique of an American cartel that wanted to do away with industrial hemp.
Where are the doctors now? They’re trying to find a way to market marijuana so it profits just the pharmaceutical companies and the doctors who play ball with a health care industry that is for profit, not for compassion.
6. We do not want to tarnish the memory of Richard Nixon.
The President that had to step down because he lied to America created the Drug Enforcement Administration, a vast network of white, short-sleeved worker bees who hated marijuana.
As of 2009, the DEA has a budget of around $2.6 billion with 83 offices worldwide. For 40 years this agency has destroyed lives and families, making criminals out of otherwise law-abiding citizens.
Does it work? No! Can we stop it? Not unless we want to rethink our whole I-Love-Dick-Nixon-and-all-he-stands-for attitude. After Reagan, secretively, Nixon is the Right’s favorite son.
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Graphic: American Patriot Friends Network
​5. Prisons, prisons, prisons!
In a September 2008 report, the Marijuana Policy Project found that between 1995 and 2008 nearly 9.5 million individuals had been arrested due to connections with marijuana (whether it is cultivation, possession, or distribution). In 2007, there were 872,7209 marijuana-related arrests, an all-time record, totaling more arrests than those for all violent crimes combined.

This means, on average, that one person is arrested on marijuana charges every 36 seconds.
Cultivating as little as one marijuana plant is a federal felony. Several states have interjected and slightly decriminalized certain aspects of marijuana policy, but the majority of U.S. states continue to echo federal marijuana laws.
It doesn’t matter that Arizona State Senator Russell Pearce was working with the for-profit prison industry, Corrections Corporation of America, when composing the anti-immigration bill that his state made into law. The bill was about putting butts in the beds and all Russell and his friends were doing was making sure that before they build those big new prisons, Sheriff Joe Arpaio and others would make sure they came. But please, only your browns and blacks.
Every year as pro-medical marijuana legislation and other progressive measures are advanced throughout the country, the correctional officers unions — along with the liquor lobby — are the major contributors to squashing any pro-pot laws.
Why? ‘Cause it ain’t any good for business.
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Graphic: Rense.com
​4. Hemp.
Sorry, but the silent sister of weed is always at the dance, but hardly ever asked to dance. There is so much money to be saved with hemp, meaning there are so many fearful industries that could lose money if there was a cheap alternative available: they’re scared shitless.
A fascinating exploration into the possibilities of hemp can be seen in two issues of Popular Mechanics in 1938 and 1941. An interesting side note is that these issues, which contain extensive praise for the possibilities of hemp production, were written after cannabis was already criminalized in 1937 with the Marihuana Tax Act.
It’s hard to believe that even after a year of cannabis being outlawed in America, Popular Mechanics was still praising the value of hemp. The magazine proudly proclaimed “hemp will produce every grade of paper and government figures estimate than 10,000 acres devoted to hemp will produce as much paper as 40,000 acres of average pulp land.”
Hemp is the standard fiber of the world. It has great tensile strength and durability. It is used to produce more than 5,000 textile products, ranging from rope to fine laces, and the woody “hurds” remaining after the fiber has been removed contain more than 77 percent cellulose, which can be used to produce more than 25,000 products ranging from dynamite to cellophane.
3. Too many Americans still have access to marijuana.
Even though I am an activist fighting for the right of patients to get the medication they need, with that being said, I still know about 40,000 people growing it.
It is America’s number one cash crop. Someone’s got to be growing it.
This pisses off the Powers That Be. Until they can figure out how to stop unregulated growers (in their eyes) from trying to do their thing, Big Money and Big Pharma won’t rest. It’s never been about the weed, it’s about freedom.
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Graphic: 303 Magazine
​2. Big Pharma wants to own marijuana.
A study from Mohamed Ben Amar in the Journal of Ethnopharmacology researched the therapeutic effects of cannabinoids in marijuana. The study monitored the effects that cannabinoids had on seriously ill patients in several countries. In this study, Amar concluded:
“[I]t [i]s possible to affirm that cannabinoids exhibit an interesting therapeutic potential as stopping vomiting and nausea, an appetite stimulant in debilitating diseases (cancer and AIDS), analgesic, as well as in the treatment of multiple sclerosis, spinal cord injuries, Tourette’s syndrome, epilepsy and glaucoma.”
It works and they know it!
1. The chief reason Marijuana is still illegal in this country…
Because Big Pharma — even with all their money, scientists and resources — still can’t figure out how to grow the Diggity-Dank like those stoners do!!
jack.jpeg
Photo: Jack Rikess
Toke of the Town correspondent Jack Rikess blogs from the Haight in San Francisco.

Jack Rikess, a former stand-up comic, writes a regular column most directly found at jackrikess.com.

Jack delivers real-time coverage following the cannabis community, focusing on politics and culture.

His beat includes San Francisco, the Bay Area and Mendocino-Humboldt counties.

He has been quoted by the national media and is known for his unique view with thoughtful, insightful perspective.

 

Medical Marijuana Community In An Uproar Over Latest Round Of Federal Threats

obama marijuana

Deputy U.S. Attorney General James Cole issued a controversial memorandum Wednesday in an apparent attempt to clarify federal policy with regard to medical marijuana. Calling marijuana “a dangerous drug,” Cole’s memo threatened enforcement actions against “Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities,” including local and state officials. The memo further underscored that “State laws or local ordinances are not a defense to civil or criminal enforcement of federal law.”

Medical marijuana advocates are decrying this new policy as a retreat from President Obama’s pledge that he was “not going to be using Justice Department resources to try to circumvent state laws,” and from the spirit of a previous memo issued by Deputy Attorney General David Ogden in October 2009. “It is disingenuous of the Obama Administration to say it is not attacking patients while obstructing the implementation of local and state medical marijuana laws,” said Steph Sherer, Executive Director of Americans for Safe Access, the country’s largest medical marijuana advocacy group. “The president is using intimidation tactics to stop elected officials from serving their constituents, thereby pushing patients into the illicit market.”

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Despite the wording of the Ogden memo that federal resources should not be used for “individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana,” Cole claimed that his memo was consistent with that of his predecessor. However, patient advocates are questioning what they call glaring inconsistencies. “How are federal threats against local and state officials who are adopting public health measures warranted at any time, let alone at a time of fiscal constraint?” asked Sherer. The Cole memo rejects attempts by state governments to design laws under which medical marijuana providers could be in “clear and unambiguous compliance.”

Over the past few weeks, U.S. Attorneys have sent letters threatening public officials from at least 10 states with criminal prosecution if they implement laws regulating the production and distribution of medical marijuana. The Cole memo appeared to be an attempt to reinforce those threats. “At the same time the federal government is recognizing the rights of people living with cancer and other debilitating diseases to use medical marijuana, it is also denying them the means to obtain it legally,” continued Sherer.

Unwilling to accept this level of hostility from the federal government, patient advocates are putting energy behind a number of initiatives, including a pending petition to reschedule marijuana from its current status as a drug with no medical value, and a number of Congressional bills that aim to reduce federal restrictions on how states implement their own medical marijuana laws. “Until states and localities have the ability to adopt and enforce their own laws regarding the production and distribution of medical cannabis, federal interference will continue to undermine the rights of the very patients the Justice Department purports to recognize,” emphasized Sherer.

Sixteen states and the District of Columbia have legalized medical marijuana for patients with physician approval. Laws regulating dispensaries exist in 10 states — Arizona, California, Colorado, Delaware, Maine, Michigan, New Jersey, New Mexico, Rhode Island, and Vermont — but some states have suspended those laws as a result of federal intimidation. Notably, the states of Vermont and Delaware recently stood up to federal threats and defied such intimidation by passing laws licensing the distribution of medical marijuana.

Further information:
DOJ memorandum from June 29, 2011:http://AmericansForSafeAccess.org/downloads/James_Cole_memo_06_29_2011.pdf
DOJ memorandum from October , 2009: http://blogs.usdoj.gov/blog/archives/192

Tommy Chong Rips Drug War Advocate On CNN

Former President Carter Urges Marijuana Legalization

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Photo: Jimmy Carter Library & Museum
Former President Jimmy Carter:
“Maybe the increased tax burden on wealthy citizens necessary to pay for
the war on drugs will help bring about a reform of America’s drug policies”

​In a new op-ed published in The New York Timesto coincide with Friday’s 40th anniversary of President Nixon declaring “War On Drugs,” former President Jimmy Carter supports recent recommendations for countries around the world to try “models of legal regulation of drugs … that are designed to undermine the power of organized crime and safeguard the health and security of their citizens.”

In the New York Times op-ed, President Carter called the recommendations of the Global Commission on Drug Policy “courageous and profoundly important.”

“In a message to Congress in 1977, I said the country should decriminalize the possession of less than an ounce of marijuana, with a full program of treatment for addicts,” Carter wrote. “I also cautioned against filling our prisons with young people who were no threat to society, and summarized by saying: ‘Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself.’ “
“Those ideas were widely accepted at the time,” Carter wrote. “But in the 1980s President Ronald Reagan and Congress began to shift from balanced drug policies, including the treatment and rehabilitation of addicts, toward futile efforts to control drug imports from foreign countries.”
“One result has been a terrible escalation in drug-related violence, corruption and gross violations of human rights in a growing number of Latin American countries,” Carter wrote.
“Maybe the increased tax burden on wealthy citizens necessary to pay for the war on drugs will help bring about a reform of America’s drug policies,” Carter wrote. “At least the recommendations of the Global Commission will give some cover to political leaders who wish to do what is right.”

Is Possession of Bong Water Against the Law?

Bongwater

I received an e-mail asking if bong water is considered marijuana for the sake of law enforcement possession purposes. Unfortunately, it can be. Below is a couple of articles that I dug up dealing with a case in Minnesota, which of course, is not necessarily binding on other states. However, states often refer to cases in other states when dealing with undefined, grey area issues. Bong water clearly falls into that category. If a cop would just do their job to protect and serve, and not go on a vigilante crusade, they should just consider bong water to be any other dirty liquid. But, as we are all aware, law enforcement will use anything and everything to stick it to you:

Minnesota Court Rules Bong Water Illegal

Bong water can count as a controlled substance, the Minnesota Supreme Court ruled Thursday in a decision that raises the threat of longer sentences for drug smokers who fail to dump the water out of their pipes.

In a 4-3 decision Thursday, the state’s highest court said a person can be prosecuted for a first-degree drug crime for 25 grams or more of bong water that tests positive for a controlled substance.

The decision, which reverses two lower court rulings, came in the case of Sara Peck. Items seized during a search of her Rice County home in 2007 included a glass bong — a type of water pipe often used to smoke drugs — that contained 37 grams — about 2 1/2 tablespoons — of a liquid that tested positive for the presence of methamphetamine.

The Supreme Court said that unambiguously counts as a drug “mixture” under the wording of state law and sent the case back to Rice County District Court for further proceedings. The decision, authored by Justice G. Barry Anderson, noted that the liquid wasn’t plain clear water, but had a pink color and fruity odor, and that a narcotics officer had testified that drug users sometimes keep bong water to drink or inject later.

The statute defines a drug “mixture” as “a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity.” When the language of a statute is unambiguous, the high court said, precedents prohibit courts from disregarding the letter of the law under the pretext of pursuing the letter of the law.

In a sharply worded dissent, Justice Paul Anderson said the majority’s decision “does not make sense, and borders on the absurd.” He said it isn’t consistent with what the Legislature intended when it wrote the state’s drug laws. And he blasted Rice County authorities for charging Peck with such a serious crime.

If bong water is considered a drug mixture, and it weighs enough to raise the crime to a first-degree drug offense, the presumed sentence for a first-time offender is seven years and two months in prison, and a felony drug offense goes on his or her record, Paul Anderson wrote.

But if the bong water is treated as part of the drug paraphernalia, as the lower courts held, he wrote, the same defendant would face no more than a $300 fine and the petty misdemeanor conviction would not go on his or her record.

Justices Alan Page and Helen Meyer joined in Paul Anderson’s dissent.

Attorney Bradford Delapena, who represents Peck, said he had not yet had a chance to discuss the ruling with her, but he said the dissent correctly pointed out the problems the ruling raises.

“They’re treating Ms. Peck, who had two tablespoons of bong water, as if she were a major drug wholesaler,” he said.

Delapena said Peck’s case now goes back to the trial court, where he said prosecutors could use the ruling to try to extract a guilty plea to a more serious offense with a stiffer sentence than a $300 fine on a petty misdemeanor. He laughed at the suggestion that it means dope smokers should empty their bongs promptly.

“I wouldn’t presume to draw that lesson,” he said. “I would just stick with the legal lessons.”

- Article from FOX News.


Minn. court: Bong water can count as illegal drug

MINNEAPOLIS — In Minnesota, bong water can count as an illegal drug.

That decision from Minnesota’s Supreme Court on Thursday raises the threat of longer sentences for drug smokers in that state who fail to dump the water out of bong — a type of water pipe often used to smoke drugs

The court said a person can be prosecuted for a first-degree drug crime for 25 grams or more of bong water that tests positive for a controlled substance.

Lower courts had held that bong water is drug paraphernalia. Possession of that is a misdemeanor crime.

The case involved a woman whose bong had about 2 1/2 tablespoons of liquid that tested positive for methamphetamine. A narcotics officer had testified that drug users sometimes keep bong water to drink or inject later.

- Article from the Associated Press.

California Getting Closer to Banning Medical Marijuana Collectives From Opening Within 600 ft. of a Residence

On Wednesday, the LA Times reported that a California Senate Committee approved a proposed restriction that if passed would ban all medical marijuana collectives in the state from operating within 600 feet of a residential area (SB 847).  The bill is not law yet, but could become law soon.  “If you are considering opening a medical marijuana collective, you should consider this bill and try to position yourself at least 600 feet from a residence, if possible,” said medical marijuana lawyer Damian Nassiri.  “If you are a collective that is within 600 feet of a residence now, there are still legal arguments that can be made on your behalf, which could result in you being able to stay, although there is no guarantee of this.  We will have to wait and see if this law does pass and whether the law applies retroactively.”

Marijuana Regulations Finalized in Washington D.C. & Arizona!

Regulations have been finalized to allow for the sanctioned-use and dispensing of medical cannabis in two more regions of the country: Arizona and in the nation’s capitol, Washington, DC.

In Arizona, representatives from the Arizona Department of Health Services have approved rules governing the state’s soon-to-be-implemented Arizona Medical Marijuana Program. Voters directed the state to approve regulations regarding the use and distribution of medicinal marijuana in November when they decided in favor of Proposition 203 — making Arizona the fifteenth state since 1996 to legalize the physician-authorized use of cannabis. Program rules, physician certification forms, and answers to frequently asked questions are all available online from the Arizona Department of Health Services here.

Arizona patients may begin qualifying for the program next week, and dispensary applications will be accepted beginning June 1. All patients initially approved by the state will have the option to cultivate their own marijuana. However, patients who reside within 25 miles of a state-licensed dispensary will lose this option once such facilities are up and running later this fall.

In the District of Columbia, city leaders have finally signed off on long-awaited rules regulating patients’ use and access to cannabis. Those rules are expected to take effect April 15. The just-finalized regulations will permit D.C. officials to allow as many as ten cultivation centers and five dispensaries in the District. Permit applications are anticipated to be available by April 17.

The forthcoming rules implement facets of I-59, the Legalization of Marijuana for Medical Treatment Initiative, a 1998 municipal ballot measure which garnered 69 percent of the vote yet was never implemented. Under the new regulations, qualifying D.C. patients will be able to obtain medical cannabis at licensed dispensaries, but will not be permitted under the law to grow their own medicine.

Washington DC’s forthcoming program is limited to residents of the District of Columbia and is not reflective of any broader change in federal policy.

Additional information on these and other state medical marijuana programs is available from the NORML website here.

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