|
|
Washington Gov. Jay Inslee receives the word from US Attorney General Eric Holder. Photo courtesy of Gov. Jay Inslee
By Jeremy Daw and Darby Beck
WCL News — Washington Governor Jay Inslee and state Attorney General Bob Ferguson have reached an agreement with US Attorney General Eric Holder to allow marijuana legalization to go forward in the Evergreen State. The announcement confirms the existence of long-rumored collaborative talks between state government and the federal Department of Justice on the implementation of the voter-approved Initiative 502 to legalize and regulate marijuana for adults.
“Today we received confirmation Washington’s voter-approved marijuana law will be implemented,” wrote Inslee and Ferguson in an August 29, 2013 press release. “We received good news this morning when Attorney General Eric Holder told the governor the federal government would not pre-empt Washington and Colorado as the states implement a highly regulated legalized market for marijuana.”
The press release also states that “Attorney General Holder made it clear the federal government will continue to enforce the federal Controlled Substance Act by focusing its enforcement on eight specific concerns, including the prevention of distribution to minors and the importance of keeping Washington-grown marijuana within our state’s borders. We share those concerns and are confident our state initiative will be implemented as planned.” The reference to the goals of blocking access to minors and preventing interstate trafficking may signal a working relationship between the state and federal governments which would ease tensions between Washington policy, which allows adult use of cannabis, and federal law which prohibits possession for the general public. Senator Patrick Leahy (I-VT) has scheduled hearings on the tension between state and federal cannabis policy next month.
UCLA professor of public policy Mark Kleiman, who has also consulted with the state of Washington on implementation of I-502, recently released an article examining how a clause allowing cooperative contracts in the federal Controlled Substances Act – the federal law which prohibits cannabis – could legally allow reforms like I-502 to go forward if the state and federal governments cooperate on a policy designed to curb undesirable outcomes.
Reform advocates reacted enthusiastically to the announcement. “While we know the federal government has reversed course on this sort of announcement in the past, this has the potential to be a major advancement in the history of drug reform,” said retired Seattle police chief Norm Stamper, advisory board member of Law Enforcement Against Prohibition, a group of law enforcement officials opposed to the war on drugs. “Allowing states to legalize and regulate marijuana will funnel millions of dollars of profits from the criminal organizations that have controlled the trade into the hands of legitimate businesses that check IDs and create jobs and badly needed tax revenues. For me, this means my fellow officers will be able to focus on their real job of preventing and solving violent crime, increasing their ability to do that job and returning honor to the profession of policing.”
LEAP executive director, 34-year policing veteran Major Neill Franklin (Ret.) had this to say: “This is the most heartening news to come out of Washington in a long, long time. 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.” — West Coast Leaf News Service
By Tony Newman, drugpolicy.org
El presidente del Comité Judicial del Senado, Patrick Leahy (D-VT) anunció el 25 de agosto 2013, que él se ocuparía de las discrepancias entre las leyes federales y estatales de marihuana en una audiencia del 10 de septiembre. Con 20 estados con marihuana medicinal y dos adultos que permiten el uso legal, Leahy ha invitado a Fiscal General de EE.UU., Eric Holder, y la Vice Fiscal James Cole a declarar.
En una carta de diciembre de 2012 a EE.UU. zar antidrogas Gil Kerlikowske, Leahy había pedido que el gobierno federal tiene la intención de hacer frente a estados como Colorado y Washington, que han legalizado el uso de adultos no médico, y sugirió que la legislación federal podría introducirse para legalizar hasta una onza de marihuana, por lo menos en los estados que han legalizado. También había pedido garantías de que los empleados estatales no serían procesados por la aplicación de las leyes estatales.
Hay varios proyectos de ley bipartidista en la Cámara de EE.UU. que reformar las leyes federales sobre la marihuana, pero ninguno hasta ahora en el Senado.
“Creo que las leyes estatales deben ser respetados”, dijo el senador Leahy. “Es importante, sobre todo en un momento de restricciones presupuestarias, para determinar si es el mejor uso de los recursos federales para perseguir el uso personal o medicinal de la marihuana en los Estados que han hecho de este consumo legal.”
“Este es un avance importante para todo tipo de razones – entre otras cosas porque el Senado ha sido tan extraordinariamente pasivo en temas de marihuana,” dijo Ethan Nadelmann, director ejecutivo de la Drug Policy Alliance. “Estoy encantado de que el senador Leahy ahora parece dispuesto a ofrecer un liderazgo tan necesario en este asunto.”
“Las iniciativas de votación en Washington y Colorado hicieron historia no tanto porque se legalizó la posesión de pequeñas cantidades de marihuana, sino porque el mandato que los gobiernos estatales y el impuesto regular lo que antes los mercados ilícitos. Terminar la prohibición de la marihuana – no sólo en los Estados Unidos sino también a nivel nacional – que va a requerir la clase de liderazgo que el senador Leahy está proporcionando. Ahora es el momento de que sus colegas se pongan de pie y en defensa de la regulación estatal responsable de la marihuana.”
“Tenemos que proporcionar a las instituciones financieras certeza que puedan tomar sus propias decisiones empresariales relacionadas con las transacciones legales, financieros sin temor a sanciones reglamentarias,” entendido el representante Ed Perlmutter (D-CO), un miembro de alto rango del Comité de Servicios Financieros de la Cámara. Él citó “la seguridad pública, la delincuencia y los ingresos fiscales perdidos” preocupaciones en una declaración de 29 de agosto. “En la actualidad, en virtud de las leyes bancarias federales, muchas empresas, marihuana legítimos regulados legales operando legalmente de acuerdo con la ley del estado se les impide el mantenimiento de las cuentas bancarias y el acceso a los productos financieros como cualquier otro negocio, tales como la aceptación de tarjetas de crédito, depositando los ingresos, o escribir cheques para pagar la nómina o pagar impuestos. Se ven obligados a operar como empresas-sólo en efectivo, invitando delitos como el robo y el fraude fiscal, sólo se suma a la carga de la creación de una pequeña empresa legítima.” — West Coast Leaf News Service
By Tony Newman, drugpolicy.org
WCL News — Senate Judiciary Committee Chairman Patrick Leahy (D-VT) announced on August 25, 2013 that he would address discrepancies between federal and state marijuana laws at a September 10 hearing. With 20 medical marijuana states and two allowing legal adult use, Leahy has invited US Attorney General Eric Holder and Deputy Attorney General James Cole to testify.
In a December 2012 letter to US Drug Czar Gil Kerlikowske, Leahy had asked how the federal government intends to deal with states like Colorado and Washington, which have legalized non-medical adult use, and suggested that federal legislation could be introduced to legalize up to an ounce of marijuana, at least in states that have legalized it. He had also sought assurances that state employees would not be prosecuted for implementing state laws.
There are several bipartisan bills in the US House that would reform federal marijuana laws, but so far none in the Senate.
“It is important, especially at a time of budget constraints, to determine whether it is the best use of federal resources to prosecute the personal or medicinal use of marijuana in states that have made such consumption legal,” said Senator Leahy. “I believe that these state laws should be respected.”
“This is an important development for all sorts of reasons – not least because the Senate has been so remarkably passive on marijuana issues,” said Ethan Nadelmann, executive director of the Drug Policy Alliance. “I am delighted that Senator Leahy now seems ready to provide much needed leadership on this issue.”
“The ballot initiatives in Washington and Colorado made history not so much because they legalized possession of small amounts of marijuana but because they mandated that state governments regulate and tax what had previously been illicit markets. Ending marijuana prohibition — not just in the states but also nationally — is going to require the sort of leadership that Senator Leahy is now providing. Now is the time for his colleagues to stand up as well in defense of responsible state regulation of marijuana.”
The hearing will be held on Tuesday, September 10, at 10 a.m. in Room 216 of the Hart Senate Office Building, Washington DC. — West Coast Leaf News Service
By Chris Conrad
WCL News — La Asociación Canadiense de Jefes de Policía ha recomendado que la tenencia de marihuana debería ser reducido a un delito de citación que no conduzca a un arresto. De acuerdo con 20 de agosto, 2013, CACP comunicado de prensa de agosto de sus miembros votó en su reunión general anual de Winnipeg a ratificar la Resolución # 04-2013 recomendando que las opciones de aplicación debería ampliarse para aumentar la discrecionalidad policial cuando se enfrenta a la posesión ilícita de cannabis. La asociación representa a más del 90% de la comunidad policial en Canadá que incluyen federales, las Primeras Naciones, provinciales, regionales y municipales, el transporte y los líderes de la policía militar.
“El actual proceso de envío de todos los casos de simple posesión de marihuana bajo la controlada de fármacos y sustancias actúan a la corte criminal está poniendo una carga significativa para todo el sistema de justicia desde una perspectiva económica y la utilización de los recursos,” dijo el presidente CACP jefe de policía Jim Chu. “El CACP no es en apoyo de la despenalización o legalización del cannabis en Canadá. Sin embargo, según la legislación vigente la única opción de la aplicación de la policía, cuando se enfrentan con la simple posesión de cannabis, es ya sea para hacer la vista gorda o presentar cargos. Este último se produce un proceso largo y difícil que, de ser probados culpables, resulta en una condena criminal y antecedentes penales.”
En Canadá, 100.675 personas fueron arrestadas por delitos de drogas en 2007, de los cuales 62.510 estaban relacionados con el cannabis. De estos casos, 47.101 eran simplemente por posesión personal. Estadísticas Canadá informa que ” Aproximadamente la mitad de los casos de adultos (55%) y los casos de los jóvenes (48%) que involucran cargos relacionados con drogas en 2006/2007 dio lugar a una declaración de culpabilidad…. (La otra mitad ) se quedó, retirado, despedido o dado de alta.” El CACP propone añadir una opción de compra de entradas de bajo nivel a través de la Ley Federal de contravenciones por la simple posesión de cannabis y enumeró varias ventajas importantes:
• Se amplía la gama de opciones disponibles para hacer cumplir con mayor eficacia y abordar eficazmente la posesión ilícita de cannabis mientras se mantiene la capacidad de establecer procesos formales cargos judiciales;
• Reduce la carga sobre los recursos policiales y judiciales para proporcionar significativamente mayores economías y eficiencias, y,
• Al recibir un boleto, los individuos pueden no tener antecedentes penales que pueden colocar barreras significativas sobre los viajes, la obtención de empleo, la unión y la ciudadanía.
“El CACP cree que el uso ilícito de cannabis tiene un efecto negativo en la seguridad pública y la salud de los jóvenes”, afirmó CACP del Abuso de Drogas Presidente del Comité Director Marcos Mander. “Al añadir esta herramienta policial adicional, sin embargo, estamos proponiendo una iniciativa de seguridad pública responsable que será de beneficio general para todos los canadienses.
La Asociación fue fundada en 1905 y representa a cerca de 1.000 líderes de la policía de todo Canadá. La Asociación está dedicada al apoyo y promoción de la aplicación de la ley eficaz y para la protección y la seguridad de la población de Canadá. Su votación se produjo pocos días después de Justin Trudeau admitió haber consumido cannabis mientras se desempeñaba como miembro del Parlamento. El apoyo público a Trudeau, quien está haciendo campaña para convertirse en primer ministro, ha aumentado desde su ingreso.
Las variaciones de esta política, comúnmente conocida como ” despenalización,” se imponen en la actualidad en 16 estados de EE.UU., incluyendo California, Connecticut, Massachusetts, Mississippi, y Nebraska. Dos estados de EE.UU. han legalizado la posesión personal de hasta una onza ( 28 gramos) de cannabis.
“Impulsando a los gobernadores y jueces de prueba sobre el terreno para ejercer su discreción suena como una gran idea,” señaló el periodista Jeremy Daw, autor de Weed the People. “Esperemos que el Congreso de EE.UU. puede aprender de los jefes de policía a nuestro norte y terminar con la política fallida de mínimos obligatorios, un principio apoyó también por el fiscal general Eric Holder.”
La resolución CACP proporciona dos ejemplos que ilustran cómo funcionaría su propuesta. “Dos personas en un parque público, un consumo de alcohol y el otro de fumar cannabis. El consumo de alcohol en un espacio público daría lugar a la emisión de un billete de conformidad con las leyes provinciales de bebidas alcohólicas. Sin embargo, la única alternativa para dar el tema cannabis que consume una advertencia verbal sería proceder a una acusación formal de conformidad con la CDSA…. Como un ejemplo de que una acusación formal sería la opción más adecuada, considere un conductor que ha sido detenido y se encuentra a fumar un porro.” — West Coast Leaf News Service
By Miguel Angel Bifari, en Argentina
WCL News — Las reformas a las leyes de cannabis están cambiando rápidamente la historia en toda América del sur. Uruguay es un pequeño país situado entre los dos grandes gigantes de la economía Argentina y Brasil, con sólo tres millones de habitantes, pero situado en una esquina estratégica de este gran continente.
Este pequeño país está a punto de convertirse en el primer país en legalizar la marihuana en casa jardines cultivados, así como clubes de cannabis, la producción, el comercio y distribution. En 31 de julio 2013 la Cámara Baja del Congreso aprobó la nueva ley sobre cannabis 50 votos a favor y 46 en contra. La cámara superior debe hacer lo mismo.
Esto está teniendo un gran impacto en toda la región. A pesar de que Uruguay se está presionado bu las Naciones Unidas, muchos presidentes actuales y ex presidentes de la región están apoyando al gobierno proyecto.El uruguayo apunta a controlar la producción, distribución y venta de todo el cannabis para el mercado interno. Una vez que la nueva ley está en su lugar, y la tolerancia a la marihuana se ha extendido con un apoyo legal, los observadores esperan ver una enorme ola de negocio que va a gravitar hacia Uruguay.
Esto nuevo escenario para el movimiento de cannabis tiene verdaderos héroes que han trabajado duro para llevar a cabo esta emocionante nueva situación. Presidente ¨Pepe¨ Mujica tiene el coraje de luchar por un cambio en las políticas de reforma de drogas en todo el mundo, con su innovación cannabis local. Trabajo sin descanso entre bastidores como asesores, Juan Vaz y Laura Blanco, han sido la clave en todo este proceso.
La pareja tuvo su comienzo político de la casa creciente movimiento latinoamericano con su grupo, aecu.org.uy. Como Bolivia ha tomado la delantera en la reforma de cosecha propia producción de coca, Uruguay es hoy un líder en medicamentos políticas para todo el mundo del cannabis. — West Coast Leaf News Service
By Chris Conrad, WestCoastLeaf.com
WCL News – The Canadian Association of Chiefs of Police has recommended that marijuana possession should be reduced to a citation offense that does not lead to an arrest. According to an August 20, 2013 CACP press release, its membership voted at its annual General Meeting in Winnipeg to ratify Resolution #04 – 2013 recommending that enforcement options should be expanded to increase police discretion when confronting the illicit possession of cannabis. The association represents more than 90% of the police community in Canada which include federal, First Nations, provincial, regional and municipal, transportation and military police leaders.
“The current process of sending all simple possession of cannabis cases under the Controlled Drug and Substances Act to criminal court is placing a significant burden on the entire Justice system from an economic and resource utilization perspective,” stated CACP President Chief Constable Jim Chu. “The CACP is not in support of decriminalization or legalization of cannabis in Canada. However, under current legislation the only enforcement option for police, when confronted with simple possession of cannabis, is either to turn a blind eye or lay charges. The latter ensues a lengthy and difficult process which, if proven guilty, results in a criminal conviction and criminal record.”
In Canada, 100,675 people were arrested for drug offenses in 2007, of which 62,510 were cannabis related. Of these cases, 47,101 were simply for personal possession. Statistics Canada reports that “About half of adult cases (55%) and youth cases (48%) involving drug-related charges in 2006/2007 resulted in a finding of guilt… . (The other half) are stayed, withdrawn, dismissed or discharged.” The CACP proposes adding a low-level ticket option through the Federal Contraventions Act for simple possession of cannabis and listed several major benefits:
• It expands the range of enforcement options available to more effectively and efficiently address the illicit possession of cannabis while maintaining the ability to lay formal court process charges;
• It reduces the burden on policing and judicial resources to provide significantly greater economies and efficiencies; and,
• By receiving a ticket, individuals can avoid having a criminal record which can place significant barriers on travel, obtaining employment, bonding and citizenship.
“The CACP believes the illicit use of cannabis has a negative impact on public safety and the health of young persons,” stated CACP Drug Abuse Committee Chair Chief Mark Mander. “By adding this additional policing tool, however, we are proposing a responsible public safety initiative that will be of overall benefit to all Canadians.
The Association was founded in 1905 and represents approximately 1,000 police leaders from across Canada. The Association is dedicated to the support and promotion of efficient law enforcement and to the protection and security of the people of Canada. Its vote came just days after Justin Trudeau admitted to having used cannabis while serving as a member of Parliament. Public support for Trudeau, who is campaigning to become Prime Minister, has increased since his admission.
Variations of this policy, commonly referred to as ‘decriminalization,’ are presently imposed in 16 US states, including California, Connecticut, Massachusetts, Mississippi, and Nebraska. Two US states have legalized personal possession of up to an ounce (28 grams) of cannabis.
“”Empowering the officers and trial judges on the ground to exercise their discretion sounds like a great idea,” noted journalist Jeremy Daw, author of Weed the People. “Hopefully the US Congress can learn from police chiefs to our north and end the failed policy of mandatory minimums, a principle also endorsed by Attorney General Eric Holder.”
The CACP resolution provided two examples illustrating how its proposal would work: “Two persons in a public park, one consuming alcohol and the other smoking cannabis. Consuming alcohol in a public space would result in the issuance of a ticket pursuant to provincial liquor laws. However, the only alternative to giving the cannabis-consuming subject a verbal warning would be to proceed with a formal charge pursuant to the CDSA. … As an example of where a formal charge would be the more appropriate option, consider a motorist who has been pulled over and is found to be smoking a joint.” — West Coast Leaf News Service
The Emerald City of Seattle is more green than ever since Washington voters passed I-502. Photos by Chris Conrad.
By Chris Conrad
WCL News — Seattle police made peace with the world’s largest “protestival” for cannabis reform, the Seattle Hempfest by passing out 1,000 packs of Doritos to festival goers August 16 to 18, 2013. Each bag contained a greeting and a message to alert people to the new legalization law and the policy of the city’s police department.
This year’s annual event, which draws well over 100,000 attendees to the Emerald City, was the first since voters approved I-502. The initiative, which legalized adult possession of up to an ounce of marijuana, was controversial at last year’s event because of its tight restrictions, including a ban on cultivation and an arbitrary (and probably much-too-low) per se limit of 0.5 ng/ml of THC in the blood for drivers. Those factors contributed to a fractious and sometimes hostile attitude among HempFest attendees in 2012, but all was harmony this year.
Seattle police passed out special bags of Doritos chips to the HempFest crowd Aug. 16-18, 2013. Photo by Chris Conrad.
A spokesperson for the Seattle Police Department, speaking from the main stage at the event, said that the department intends “to enforce the law, and I-502 is the law.” He said that although the initiative did not authorize public smoking, the city would suspend enforcement at the event. Likewise, recognizing that it will take time for the policy to be fully implemented, he said that until there are regulated outlets for adults to buy and consume cannabis “our policy will be one of ‘leniency’.”
Seattle HempFest is the largest legalization rally in the world, and there was concern about how attendance would be following the voters’ embrace of legal adult use. The turnout was as large as ever, the weather was fantastic, the music was eclectic and enjoyable and there were no incidents or arrests to besmirch the event’s reputation as the “must attend” event of the hemp rally circuit.
Some people were concerned that attendees might take offense at the stereotype of using junk food to deliver a message to cannabis consumers but, true to form, the people we spoke with appreciated the thought and thought it was a hilarious approach and a good way to reach people. The bags quickly became a prized item and most people were saving the bags as souvenirs, often still unopened. Shortly after the event, bags of the chips were selling online for upwards of $65 each as collector’s items. A bag has even been added to the Oaksterdam Cannabis Museum collection.
The text of the label is reproduced below and leads readers to a website, seattle.gov/police/marijwhatnow, where the policy and its nuances are posted online. There is as-yet no data on how many people listened to Dark Side of the Moon while eating the chips. — West Coast Leaf News Service
Seattle police greeted HempFest attendees with a special message on Aug. 16-18, 2013, attached to bags of Doritos. Photo by Chris Conrad.
By Gaynell Rogers
WCL News — On the heels of Dr. Sanjay Gupta’s endorsement of medical cannabis and Eric Holder’s speech advocating Drug War reform, the federal Drug Enforcement Agency informed US security and armored car services on Aug. 22, 2013, that they can no longer render services to state-legal cannabis providers. The announcement poses grave risks to medical cannabis patients and the general public alike, according to experts in the field.
“We need to provide financial institutions certainty they can make their own business decisions related to legal, financial transactions without fear of regulatory penalties,” said Rep. Ed Perlmutter (D-CO), a senior member of the House Financial Services Committee. He cited “public safety, crime and lost tax revenue” concerns in an Aug. 29 statement. “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.”
According to the National Cannabis Industry Association (NCIA), California and Colorado dispensaries have so far been targeted. However, they have decided not to release their individual identities, due to security concerns. Aaron Smith, NCIA’s executive director, said, “This reckless and shameful policy not only puts the lives of dispensary operators and patients at risk, it threatens the safety of thousands of employees, contractors, and state officials who receive payments from our industry every day.”
Steve DeAngelo, executive director of Harborside Health Center, the country’s largest model cannabis dispensary, said, “The federal government appears willing to do anything that will turn this inherently safe plant into something dangerous, no matter the impact on public health or safety. In 2011 they closed our bank accounts, which forced us to handle and store cash on-site. Now they have denied us any secure way to transport that cash to those whom we owe money — like the City of Oakland, and the California Board of Equalization.
“The reduction in security caused by this federal action endangers not only our patients and staff, it endangers the entire public—including state and city employees. It is long past time for the President and Congress to rein in out-of-control federal drug warriors, and respect the voters of California and other states that have already made the kind of reforms recently advocated by Attorney General Holder. The Obama administration should take action to make distribution of cannabis safer, not more dangerous.”
Smith added that, “The true nature of the Obama administration’s approach to voter-approved medical marijuana is now clear. They want more cash underground. They want our streets to be more dangerous. They want the lives of state-licensed providers endangered. This is a major threat to public safety intentionally engineered by the administration.”
The new move by the Obama administration is especially significant in light of already existing federal policy which makes it nearly impossible for dispensaries or other medical marijuana collectives to open bank accounts. The Bank Secrecy Act, 31 USC sec. 5311, already requires banks to report any evidence that account holders may be laundering money or depositing income from the trafficking of controlled substances, which under federal law includes cannabis.
“As well as making the medical marijuana community more vulnerable to robberies, this policy is clearly intended to streamline government theft,” suggested Drug War critic Chris Conrad. “Forcing dispensaries to use cash only, then forbidding the armored vehicle industry to move cash off-site guarantees that law enforcement raids can find and seize as much cash as possible under civil asset forfeiture laws.” — West Coast Leaf News Service
By Julie Patterson, WestCoastLeaf.com
WCL News —With Illinois becoming the 20th medical marijuana state in 2013 and broader legalization on the forefront of US news, data is being studied that explores what effects the drug may have on communities as a whole, with some surprising results. Analysts of health related behavior claim that in states where medical marijuana has been legalized, road fatalities experience a dip in numbers, from around 11% in the first year of legalization. This could be good news for the states that are pressing for medical legalization laws to be passed.
The team of economists is careful about their claims, stressing that due diligence should always be taken when driving and that no one should drive under the influence of drink or drugs, however, these findings are more significant in revealing the effects of marijuana on society as a whole.
The Study
Led by Daniel Rees, an economist at the University of Colorado, the team decided to explore the area of traffic fatalities closely, as other studies have focused on crime and the number of visits to hospital through drug use. The data they compiled about traffic accidents was drawn from different states and compiled using the National Highway Traffic Safety Administration. Numbers were studied, with the economists looking particularly closely at how traffic deaths have been affected by state laws being passed for medical marijuana use, as well as the factor of states lowering blood alcohol limits. Other sources used for the study, which is the first of its kind, included the Fatality Analysis Reporting System, National Survey on Drug Use and Health and Behavioral Risk Factor Surveillance System.
Rees was surprised how little was known about the actual effects of legalizing marijuana across the states, and stated that using traffic fatalities was a good example of how to get to the heart of the issue, as the data is so comprehensive, and it showed whether alcohol was also a factor. Dr. Mark Anderson, assistant professor at Montana State University and co-author of the study, claimed that this study is particularly significant as traffic fatalities represent the leading cause of death for Americans under the age of 34.
Traffic accidents and fatalities were studied nationwide and this included the 13 states that had legalized medical marijuana prior to 2009. The study also included three states that underwent legalization of medical use in the mid-2000s — Vermont, Rhode Island and Montana.
The Results
The results of the study show a 9% reduction in traffic fatalities as well as a 5% drop in the sales of beer. The findings are significant because they suggest that legalizing medical marijuana leads to a drop in alcohol consumption, particularly among young adults. In the 13 states that legalized the drug between 1990 and 2009, alcohol consumption was seen to go down among those 20 to 29 years old and this meant fewer road fatalities in these states. In the three states that legalized in the mid-2000s, the use of the herb increased in two, but not among minors.
Drivers under the influence of alcohol have their reactions seriously impaired, leading to greater fatalities on the roads. They take more risks and are unaware of how their reactions are affected until it is too late. Marijuana users, by contrast, tend to avoid these same risks. The authors of the study warn that this may be because medical marijuana is generally used in private, but the findings are significant because of the impact on road safety and the social effects of the laws that have been passed so far across the US.
Teenage Addiction
Opponents of the legalization laws are concerned that teenagers will become addicted to marijuana, although the study does highlight that use among adults increases but that there are no figures in the data analyzed to show an increase in under age usage. This remains a topical debate across the US, with experts constantly changing their minds on the addiction properties of this drug. The one constant among the factors discussed is that marijuana is nowhere near as addictive as either alcohol or nicotine. Teens form these addictions easily, often due to peer pressure, but there is support available for these habit-forming stimulants, such as effective prescription drugs for young smokers to help them to stop. These work by affecting dopamine levels in the brain and addressing the feel good factor that nicotine produces. Daniel Rees claims that legalizing medical marijuana does not seem to lead to an increase in use among teenagers, as the data he collected for his study also addresses high school students across the states where medical use is legal.
Studies such as this are significant in driving legalization momentum as they continue to show beneficial findings for the effects of cannabis on health, on society and on the nation’s roads. — West Coast Leaf News Service
By Jeremy Daw, WestCoastLeaf.com
WCL News — The UN policy on cannabis has been rattled by events in South America. A bill to legalize small cannabis collectives, allow pharmacies to sell medical marijuana and direct the national government of Uruguay to become one of the world’s largest cannabis distributors passed its most difficult political hurdle when the small South American country’s House of Representatives approved it July 31, 2013 by a vote of 50 to 46. The measure, which has been enthusiastically endorsed by President Jose Mujica, is expected to pass easily in the Senate.
If the legalization bill becomes law, Uruguayan citizens 21 and older would have the right to form small collectives of up to six people to distribute the herb amongst themselves. Pharmacies would become the premiere destination for medical marijuana, exacting strict testing and labeling standards. Most significantly, the government itself would become directly involved in the trade by purchasing excess cannabis crops and selling the product at a price of about $2.50 per gram, a strategy calculated to drive illegal cartels out of business through cut-throat price competition instead of the violence which has heretofore characterized the global war on drugs. The pending policy would be the most liberal cannabis reform by any country since the worldwide accords which created the UN Single Convention on Narcotic Drugs of 1961.
That treaty, signed by Uruguay and 183 other nations, may represent the largest stumbling block to successful implementation of Mujica’s plan. Policy experts have noted the unprecedented nature of Uruguay’s proposed reform (see, e.g., Marijuana Legalization: What Everyone Needs to Know, Oxford UP, 2012); it is therefore unclear how the UN may respond to the bill once it becomes law. While the plan may arguably fall under exceptions in the 1961 treaty which allow signatory governments to purchase excess cannabis supplies and thus divert them from the illicit market, such an interpretation has yet to be tested before international bodies.
Another option is to withdraw entirely from the 1961 treaty, a procedure provided for in the convention’s language; but to date no country has invoked the withdrawal process to legalize cannabis. Thus, Uruguay’s bold experiment in drug policy may prove a bellwether for other countries considering sharp departures from the last 50 years of international prohibitionist policies. — West Coast Leaf News Service
Rev. Roger Christie is fighting for his religious belief in sacramental cannabis use and the right to share with his congregants. Photos courtesy of Share Christie.
By Chris Conrad, WestCoastLeaf.com
WCL News — The THC Ministry church became the second non-Rastafarian church recognized by a US court to use cannabis as a sacrament on Aug. 5, 2013, when a federal judge in Hawai’i held that its founder was entitled to a defense in federal court under the Religious Freedom Restoration Act. The RFRA was adopted by Congress in the 1990s, then partially struck down as being unconstitutionally restrictive on state authorities. However, it remains in effect regarding federal prosecutors.
Rev. Roger Christie, 64, has been held without bail in the Honolulu Federal Detention Center since July 8, 2010, fighting for his First Amendment religious freedom defense, ever since his arrest three years ago with the so-called “Green 14” sweep that arrested Christie and a group of his followers who used and provided cannabis to other church members. He faces federal trial for distributing cannabis to his church members for their sacramental use within their religion, much as another Christian church might provide wine to its congregants.
Judge Leslie Kabayashi had earlier ruled on July 30, 2013 that his religious beliefs as Reverend of the Religion of Jesus (THC Ministry) are sincere, which allowed him to present evidence about his sacramental use and raise a religious freedom defense at his upcoming federal. That meant that the court held as a matter of law that his personal religion was legitimate, his beliefs sincere, and the government’s action have put a substantial burden on the legitimate exercise of religion.
Christie’s church is affiliated with the Oklevueha Native American Church, which was legally recognized as using all plant medicines, including cannabis and peyote, as religious sacrament in 2006. Religions of various denominations that use cannabis sacramentally are categorized as being Cantheist religions.
The government argued at the subsequent hearing that bringing Christie to trial on charges of conspiracy to distribute marijuana was the least restrictive means and that had a compelling interest to interfere with church activities and prosecute its leaders. The court held that the sacramental use of cannabis was a legitimate and protected religious practice, so the government must now persuade a jury that the federal wish to suppress the use of marijuana is more compelling than the rights of a legitimate church to a practice its religious beliefs and that such a prosecution is the least restrictive way to enforce federal law without interfering with religious freedom. Christie must demonstrate that his church activities were sincerely intended for religious purposes and not merely serving as a cover for illegal marijuana cultivation and distribution activities.
Rev. Tom Brown of the Church of Christ, another Cantheist-style church in Arkansas, who was sentenced to five years and imprisoned during the 1990s for his own church activities, sees this as being a major breakthrough. He noted that the US v Bauer ruling stated in part, “As to the counts relating to conspiracy to distribute, possession with intent to distribute, and money laundering, the religious freedom of the defendants was not invaded. Nothing before us suggests that Rastafarianism would require this conduct. These counts stand. As to the three counts on which the appellants were convicted of simple possession, the exclusion of the religious defense was in error.” Brown notes that Christie and his co-defendants must prove that the distribution of marijuana that occurred was a part of their sincere religious exercise and establishment.
Since the church is a Christian faith, the Biblical admonition to “go forth and teach all nations” and the evangelical activities of Paul and the Apostles suggest that sharing the faith and its sacraments is a fundamental part of all Christianity-based faiths. The comparison is that many churches distribute wine to underage church members as part of their sacrament, yet they are not prosecuted for furnishing alcohol to a minor. Likewise in the US v UDV Church ruling, the importation and sharing of a controlled substance was held to be legal because it would not be distributed into the illicit market.
Brown points out that in Kikumura v Hurley, the court held that under the RFRA’s “expanded definition” of “religious exercise” a Buddist inmate’s desire to have visits by a Christian pastor, while not required by the Buddhist “system of religious belief”, was nonetheless a “protected exercise of religion”.
An online petition for Christie’s release is posted at this link for supporters to sign. http://www.avaaz.org/en/petition/Free_Reverend_Roger_Christie_RIGHT_NOW/?kkBfAab.
An online petition for Congress to recognize all Cantheist faiths is posted online at http://www.avaaz.org/en/petition/Recognize_Cantheism_as_A_Valid_Religion_Under_The_First_Amendment/?launch.
Salerno, left, with attorney Levinsohn
By Ron Mullins, The Human Solution
WCL News — A Yuba County CA jury acquitted medical marijuana patient Eric Salerno Aug. 9, 2013, who had been arrested in a Marysville fast food restaurant parking lot April 22, 2011 with $3500, a scale, several pounds of marijuana and another valid patient. Both patients showed their physician recommendations to the police, however, when the other patient cut a deal in exchange for testifying against him, the prosecution moved forward.
Salerno and his wife, Desiree, raise their two young sons Lorenzo and Andreas in the Yuba County foothills. The first judge in his case, Judge James F. Dawson, denied Salerno his medical marijuana defense. Allison Margolin’s law office filed a writ of mandamus to the third district appellate court, which issued a stay of the proceedings and allowed Salerno’s medical defense to be reinstated.
The trial courtroom was packed with patients and supporters, thanks to a court activism network called The Human Solution. Trial attorney Michael Levinsohn was fully prepared to elicit the testimony of several patients, cannabis expert witness Chris Conrad and gardening expert Michael Hanson to press a multi-faceted medical use defense. However, after DDA John Nash rested his case, it was clear that a key element of establishing proof beyond reasonable doubt was missing from the case. The prosecution was relying upon the notion that having a scale automatically proves an intent to sell, a notion that had been dispelled years earlier in the People v Chakos case.
After consulting with his team, Levinsohn adopted a tactic akin to legal jujitsu. Instead of putting on his own witnesses, Levinsohn took his opponents own move and used it against him by getting a key prosecution witness to agree that a patient has other uses for a scale that do not involve selling marijuana. Levinsohn asked for a dismissal based on insufficient evidence, and trial Judge Julia Scrogin agreed and dismissed two counts, attempted sales and transportation.
The one remaining charge went before the jury, possession with intent to sell, allowing the jury to interpret why the scale was present. Defense counsel slammed home the point that the evidence showed only that two lawful patients were in a parking lot with marijuana, scales and money, but not what either person’s intentions were for being there. Levinsohn argued that patients have a right to have money and a defense to possess marijuana, so that no logical person could presume that simply being in the presence of a scale made Salerno guilty beyond a reasonable doubt.
After just one hour of deliberation the jury came back with a clear and unanimous decision of not guilty and granted him a full acquittal. The courtroom erupted in cheers and supporters had tears in their eyes. Salerno and Levinsohn hugged each other and sobbed, and even the jurors seemed to be happy with the outcome. Many stayed after court to congratulate and talk with Salerno and his supporters.
“Fight back and never give up,” Salerno admonished his supporters outside the court, “even when you loose, and they deny your rights, fight back. Make them realize you are the righteous one.” He praised and credited Margolin and Levinsohn for their hard work to secure his acquittal. — West Coast Leaf News Service.
Human Solution supporters in Marysville with patient Eric Salerno and attorney Michael Levinsohn.
|
|
US Senate to hold hearing on resolving state, federal cannabis laws
By Tony Newman, drugpolicy.org
WCL News — Senate Judiciary Committee Chairman Patrick Leahy (D-VT) announced on August 25, 2013 that he would address discrepancies between federal and state marijuana laws at a September 10 hearing. With 20 medical marijuana states and two allowing legal adult use, Leahy has invited US Attorney General Eric Holder and Deputy Attorney General James Cole to testify.
In a December 2012 letter to US Drug Czar Gil Kerlikowske, Leahy had asked how the federal government intends to deal with states like Colorado and Washington, which have legalized non-medical adult use, and suggested that federal legislation could be introduced to legalize up to an ounce of marijuana, at least in states that have legalized it. He had also sought assurances that state employees would not be prosecuted for implementing state laws.
There are several bipartisan bills in the US House that would reform federal marijuana laws, but so far none in the Senate.
“It is important, especially at a time of budget constraints, to determine whether it is the best use of federal resources to prosecute the personal or medicinal use of marijuana in states that have made such consumption legal,” said Senator Leahy. “I believe that these state laws should be respected.”
“This is an important development for all sorts of reasons – not least because the Senate has been so remarkably passive on marijuana issues,” said Ethan Nadelmann, executive director of the Drug Policy Alliance. “I am delighted that Senator Leahy now seems ready to provide much needed leadership on this issue.”
“The ballot initiatives in Washington and Colorado made history not so much because they legalized possession of small amounts of marijuana but because they mandated that state governments regulate and tax what had previously been illicit markets. Ending marijuana prohibition — not just in the states but also nationally — is going to require the sort of leadership that Senator Leahy is now providing. Now is the time for his colleagues to stand up as well in defense of responsible state regulation of marijuana.”
The hearing will be held on Tuesday, September 10, at 10 a.m. in Room 216 of the Hart Senate Office Building, Washington DC. — West Coast Leaf News Service