The Smell Of Marijuana Should Not Be A Death Sentence

download (1)Philando Castile was shot and killed by a Minnesota police officer during a traffic stop last year. This week we learned that the officer rationalized his actions by claiming that the alleged smell of “burnt marijuana” made him fear for his own life.  Here is how the officer recounted his actions, in his own words: “I thought, I was gonna die and I thought if he’s, if he has the, the guts and the audacity to smoke marijuana in front of the five year old girl and risk her lungs and risk her life by giving her secondhand smoke and the front seat passenger doing the same thing then what, what care does he give about me. And, I let off the rounds and then after the rounds were off, the little girls [sic] was screaming.”

The reality that law enforcement would make such claims, and then use lethal force based on such misconceptions, speaks once again as to why we need to both reform America’s marijuana laws and reassess the way that police interact with the communities for which they are sworn to protect and serve.

Too often we hear of violence being perpetrated by officers of the state against our fellow citizens on the basis of similarly irrational claims. Philando Castile is the name we must speak today, but sadly there are countless others, particularly people of color, who have fallen victims to or as a result of this senseless marijuana prohibition.

Keith Lamont Scott, a 43 year old black man, was shot and killed in Charlotte, North Carolina in September of 2016 after police officers saw him smoking what they described as a “blunt” in his parked vehicle.

Ramarley Graham, an 18 year old black teenager, was shot and killed in 2012 while flushing marijuana down a toilet after police had entered his Bronx apartment.

Trevon Cole, a 21 year old black man, was shot in the head and killed in 2010 while attempting to flush marijuana down his toilet after police forced their way into his apartment at 9 am during a drug raid.

These are just a few of the names that have made headlines in recent years, not to mention the hundreds-of-thousands of individuals, disproportionately young people of color, who are arrested and prosecuted for marijuana violations.

According to the ACLU, Between the years 2001 and 2010, there were over eight million pot arrests in the United States. Eighty-eight percent of those arrested were charged with violating marijuana possession laws. Among those arrested, the ACLU reports:

“On average, a Black person is 3.73 times more likely to be arrested for marijuana possession than a white person, even though Blacks and whites use marijuana at similar rates. Such racial disparities in marijuana possession arrests exist in all regions of the country, in counties large and small, urban and rural, wealthy and poor, and with large and small Black populations. Indeed, in over 96% of counties with more than 30,000 people in which at least 2% of the residents are Black, Blacks are arrested at higher rates than whites for marijuana possession.”

They continue:

(T)he War on Marijuana, like the larger War on Drugs of which it is a part, is a failure. It has needlessly ensnared hundreds of thousands of people in the criminal justice system, had a staggeringly disproportionate impact on African-Americans, and comes at a tremendous human and financial cost. The price paid by those arrested and convicted of marijuana possession can be significant and linger for years, if not a lifetime. Arrests and convictions for possessing marijuana can negatively impact public housing and student financial aid eligibility, employment opportunities, child custody determinations, and immigration status. Further, the War on Marijuana has been a fiscal fiasco. The taxpayers’ dollars that law enforcement agencies waste enforcing marijuana possession laws could be better spent on addressing and solving serious crimes and working collaboratively with communities to build trust and increase public health and safety. Despite the fact that aggressive enforcement of marijuana laws has been an increasing priority of police departments across the country, and that states have spent billions of dollars on such enforcement, it has failed to diminish marijuana’s use or availability.”

Regulating the adult use of marijuana can play a role in reducing some of the drug war’s most egregious effects on our citizens. For instance, we have seen immediate easing of tensions in states that have enacted legalization when it comes to interactions between police and the communities they serve in relation to traffic stops.

The United States of America and our citizens face tremendous issues, including the long-standing racial tensions held over from the original sin of slavery and its lasting effects, mentalities, and systems of oppression. Legalizing marijuana alone is not going to solve all of these problems, but it will take away yet another tool of the state and law enforcement to oppress those they are sworn to protect.

Below are additional facts regarding the racial disparity of prohibition:

*  A 2017 analysis of New Jersey arrest data found that African Americans are three times more likely than whites to be arrested for violating marijuana possession laws (The American Civil Liberties Union, Unequal & Unfair: NJ’s War on Marijuana Users, 2017)

*  A 2017 analysis of Virginia arrest data determined that African Americans are three times as likely to be arrested for marijuana possession as compared to whites and that this disparity is increasing (Capital News Service, The numbers behind racial disparities in marijuana arrests across Virginia). A separate analysis reported that blacks account for nearly half of all marijuana possession arrests in Virginia, but comprise only 20 percent of the state population (Drug Policy Alliance, Racial Disparities in Marijuana arrests in Virginia: 2003-2013, 2015).

*  An analysis of Maryland arrest data determined that African Americans accounted for 58 percent of all marijuana possession arrested despite comprising only 30 percent of the state’s population. (The American Civil Liberties Union, The Maryland War on Marijuana in Black and White, 2013)

*  A 2016 analysis of California arrest figures concluded that police arrested blacks for marijuana offenses at three and half times the rate of whites. (Drug Policy Alliance, Nearly 500,00 Californians Arrested for Marijuana in Last Decade, 2016) A prior statewide assessment reported that police in 25 of California’s major cities arrested blacks for marijuana possession violations at rates four to twelve times that of caucasians. (California NAACP and the Drug Policy Alliance, Arresting Blacks for Marijuana in California: Possession Arrests in 25 Cities, 2006-2008, 2010)

*  A 2016 review of New York City marijuana arrest data by the Police Reform Organizing Project reported that approximately 85 percent of those arrested for lowest level marijuana possession violations were black or Latino. (New York Times, Race and marijuana arrests) Those percentages have been consistent for several years. (Drug Policy Alliance, Race, Class & Marijuana Arrests in Mayor de Blasio’s  Two New Yorks, 2014)

*  Prior to the enactment of legalization, Colorado police arrested blacks for marijuana possession at 3.1 times the rate of whites. (Drug Policy Alliance, Marijuana Possession Arrests in Colorado: 1986-2010, 2012)

*  Prior to the enactment of legalization, Washington police arrested blacks for marijuana possession at 2.9 times the rate of whites.(Drug Policy Alliance, Costs, Consequences, and Racial Disparities of Possession Arrests in Washington, 1986-2010, 2012)

*  Prior to the enactment of decriminalization, an analysis of marijuana possession arrest data in Chicago by reported that the ratio of black to white arrests for cannabis possession violations is 15 to 1. (Chicago Reader, The Grass Gap)

*  Prior to the enactment of a Washington, DC voter-initiated law depenalizing minor marijuana possession crimes, African Americans were eight times as likely as whites to be arrested for marijuana-related crimes. (Washington City Paper, Crime stats show DC leads nation in per capita marijuana arrests)

 

Study: Adult Use Marijuana Laws Do Not Adversely Impact Traffic Fatality Rates

thumbs_upThe enactment of statewide laws regulating the adult use and sale of cannabis is not associated with subsequent changes in traffic fatality rates, according to an analysis of traffic safety data (“Crash fatality rates after recreational marijuana legalization in Washington and Colorado”) published today in the American Journal of Public Health.

Investigators from the University of Texas-Austin evaluated crash fatality rates in Colorado and Washington pre- and post-legalization. They compared these rates to those of eight control states that had not enacted any significant changes in their marijuana laws.

“We found no significant association between recreational marijuana legalization in Washington and Colorado and subsequent changes in motor vehicle fatality rates in the first three years after recreational marijuana legalization,” author concluded.

They further reported, “[W]e also found no association between recreational marijuana legalization and total crash rates when analyzing available state-reported nonfatal crash statistics.”

Commenting on the findings, NORML Deputy Director Paul Armentano said: “These conclusions ought to be reassuring to lawmakers and those in the public who have concerns that regulating adult marijuana use may inadvertently jeopardize public safety. These results indicate that such fears have not come to fruition, and that such concerns ought not to unduly influence legislators or voters in other jurisdictions that are considering legalizing cannabis.”

A prior study published last year by the same journal reported that the enactment of medical marijuana legalization laws is associated with a reduction in traffic fatalities compared to other states, particularly among younger drivers.

Fatal accident rates have fallen significantly over the past two decades — during the same time that a majority of US states have legalized marijuana for either medical or social use. In 1996, the US National Highway Traffic Safety Administration reported that there were an estimated 37,500 fatal car crashes on US roadways. This total fell to under 30,000 by 2014.

A summary of the study appears online under ‘First Look’ on the apha.org website here.

The Smell Of Marijuana Shouldn’t Be A Death Sentence

download (1)Philando Castile was shot and killed by a Minnesota police officer during a traffic stop last year. This week we learned that the officer rationalized his actions by claiming that the alleged smell of “burnt marijuana” made him fear for his own life.  Here is how the officer recounted his actions, in his own words: “I thought, I was gonna die and I thought if he’s, if he has the, the guts and the audacity to smoke marijuana in front of the five year old girl and risk her lungs and risk her life by giving her secondhand smoke and the front seat passenger doing the same thing then what, what care does he give about me. And, I let off the rounds and then after the rounds were off, the little girls [sic] was screaming.”

The reality that law enforcement would make such claims, and then use lethal force based on such misconceptions, speaks once again as to why we need to both reform America’s marijuana laws and reassess the way that police interact with the communities for which they are sworn to protect and serve.

Too often we hear of violence being perpetrated by officers of the state against our fellow citizens on the basis of similarly irrational claims. Philando Castile is the name we must speak today, but sadly there are countless others, particularly people of color, who have fallen victims to or as a result of this senseless marijuana prohibition.

Keith Lamont Scott, a 43 year old black man, was shot and killed in Charlotte, North Carolina in September of 2016 after police officers saw him smoking what they described as a “blunt” in his parked vehicle.

Ramarley Graham, an 18 year old black teenager, was shot and killed in 2012 while flushing marijuana down a toilet after police had entered his Bronx apartment.

Trevon Cole, a 21 year old black man, was shot in the head and killed in 2010 while attempting to flush marijuana down his toilet after police forced their way into his apartment at 9 am during a drug raid.

These are just a few of the names that have made headlines in recent years, not to mention the hundreds-of-thousands of individuals, disproportionately young people of color, who are arrested and prosecuted for marijuana violations.

According to the ACLU, Between the years 2001 and 2010, there were over eight million pot arrests in the United States. Eighty-eight percent of those arrested were charged with violating marijuana possession laws. Among those arrested, the ACLU reports:

“On average, a Black person is 3.73 times more likely to be arrested for marijuana possession than a white person, even though Blacks and whites use marijuana at similar rates. Such racial disparities in marijuana possession arrests exist in all regions of the country, in counties large and small, urban and rural, wealthy and poor, and with large and small Black populations. Indeed, in over 96% of counties with more than 30,000 people in which at least 2% of the residents are Black, Blacks are arrested at higher rates than whites for marijuana possession.”

They continue:

(T)he War on Marijuana, like the larger War on Drugs of which it is a part, is a failure. It has needlessly ensnared hundreds of thousands of people in the criminal justice system, had a staggeringly disproportionate impact on African-Americans, and comes at a tremendous human and financial cost. The price paid by those arrested and convicted of marijuana possession can be significant and linger for years, if not a lifetime. Arrests and convictions for possessing marijuana can negatively impact public housing and student financial aid eligibility, employment opportunities, child custody determinations, and immigration status. Further, the War on Marijuana has been a fiscal fiasco. The taxpayers’ dollars that law enforcement agencies waste enforcing marijuana possession laws could be better spent on addressing and solving serious crimes and working collaboratively with communities to build trust and increase public health and safety. Despite the fact that aggressive enforcement of marijuana laws has been an increasing priority of police departments across the country, and that states have spent billions of dollars on such enforcement, it has failed to diminish marijuana’s use or availability.”

Regulating the adult use of marijuana can play a role in reducing some of the drug war’s most egregious effects on our citizens. For instance, we have seen immediate easing of tensions in states that have enacted legalization when it comes to interactions between police and the communities they serve in relation to traffic stops.

Data from The Marshall Project

Screen Shot 2017-06-22 at 12.24.13 PM

Data from The Marshall Project

 

The United States of America and our citizens face tremendous issues, including the long-standing racial tensions held over from the original sin of slavery and its lasting effects, mentalities, and systems of oppression. Legalizing marijuana alone is not going to solve all of these problems, but it will take away yet another tool of the state and law enforcement to oppress those they are sworn to protect.

 

Below are additional facts regarding the racial disparity of prohibition:

*  A 2017 analysis of New Jersey arrest data found that African Americans are three times more likely than whites to be arrested for violating marijuana possession laws (The American Civil Liberties Union, Unequal & Unfair: NJ’s War on Marijuana Users, 2017)

*  A 2017 analysis of Virginia arrest data determined that African Americans are three times as likely to be arrested for marijuana possession as compared to whites and that this disparity is increasing (Capital News Service, The numbers behind racial disparities in marijuana arrests across Virginia). A separate analysis reported that blacks account for nearly half of all marijuana possession arrests in Virginia, but comprise only 20 percent of the state population (Drug Policy Alliance, Racial Disparities in Marijuana arrests in Virginia: 2003-2013, 2015).

*  An analysis of Maryland arrest data determined that African Americans accounted for 58 percent of all marijuana possession arrested despite comprising only 30 percent of the state’s population. (The American Civil Liberties Union, The Maryland War on Marijuana in Black and White, 2013)

*  A 2016 analysis of California arrest figures concluded that police arrested blacks for marijuana offenses at three and half times the rate of whites. (Drug Policy Alliance, Nearly 500,00 Californians Arrested for Marijuana in Last Decade, 2016) A prior statewide assessment reported that police in 25 of California’s major cities arrested blacks for marijuana possession violations at rates four to twelve times that of caucasians. (California NAACP and the Drug Policy Alliance, Arresting Blacks for Marijuana in California: Possession Arrests in 25 Cities, 2006-2008, 2010)

*  A 2016 review of New York City marijuana arrest data by the Police Reform Organizing Project reported that approximately 85 percent of those arrested for lowest level marijuana possession violations were black or Latino. (New York Times, Race and marijuana arrests) Those percentages have been consistent for several years. (Drug Policy Alliance, Race, Class & Marijuana Arrests in Mayor de Blasio’s  Two New Yorks, 2014)

*  Prior to the enactment of legalization, Colorado police arrested blacks for marijuana possession at 3.1 times the rate of whites. (Drug Policy Alliance, Marijuana Possession Arrests in Colorado: 1986-2010, 2012)

*  Prior to the enactment of legalization, Washington police arrested blacks for marijuana possession at 2.9 times the rate of whites.(Drug Policy Alliance, Costs, Consequences, and Racial Disparities of Possession Arrests in Washington, 1986-2010, 2012)

*  Prior to the enactment of decriminalization, an analysis of marijuana possession arrest data in Chicago by reported that the ratio of black to white arrests for cannabis possession violations is 15 to 1. (Chicago Reader, The Grass Gap)

*  Prior to the enactment of a Washington, DC voter-initiated law depenalizing minor marijuana possession crimes, African Americans were eight times as likely as whites to be arrested for marijuana-related crimes. (Washington City Paper, Crime stats show DC leads nation in per capita marijuana arrests)

Weekly Legislative Update 6/17/17

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

At the Federal level, the biggest news this week was two-fold. First, in a letter made public by Tom Angell of Marijuana Moment, it was revealed that Attorney General Jeff Sessions wrote a private message to Congressional leadership requesting that they lift restrictions on the Department of Justice’s ability to prosecute medical marijuana in states that have legalized. This would overturn years of precedent and could result in the shutdown of lawful state medical programs, depriving patients of the ability to make healthcare decisions with their doctor. This revelation came the day before Deputy Attorney General Rod Rosenstein testified before Congress and stated “The question of whether it’s legal under federal law is resolved because Congress has passed a law — it’s illegal. Scientists have found that there’s no accepted medical use for it.”

Which rolls us right into the second biggest Federal development: the reintroduction of the CARERS Act, which would codify protections for lawful state medical programs. Passage of CARERS 2017 would exempt from federal prosecution those who are engaged in the “production, possession, distribution, dispensation, administration, laboratory testing, recommending use, or delivery of medical marijuana” in instances where these activities comport with state law.

At the state level, New Hampshire Governor Chris Sununu signed HB 157 into law on June 16. The law adds “moderate to severe chronic pain” as a qualifying illness for medical cannabis. The new law takes effect in 60 days.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal
Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the Congressional Cannabis Caucus

Protecting Patients: Legislation has been reintroduced in the Senate, The Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2017, to strengthen protections for those compliant with their state’s medical marijuana laws and to impose various changes to federal law.

Passage of CARERS 2017 exempts from federal prosecution those who are engaged in the “production, possession, distribution, dispensation, administration, laboratory testing, recommending use, or delivery of medical marijuana” in instances where these activities comport with state law. Separate provisions in Act exclude cannabdiol from the federal definition of marijuana, permit VA doctors to authorize medical cannabis access to qualified patients, and remove undue federal barriers to clinical trial research to better assess the safety and efficacy of medical cannabis.

Click here to send a message to your Senators urging them to support and possible co-sponsor the CARERS Act of 2017

Maine
Legislation (LD 764) is before Gov. Paul LePage that will prohibit medical cannabis patients from being denied organ transplants.

The measure “prohibits a transplant evaluator from determining a qualifying patient to be unsuitable to receive an anatomical gift solely because the qualifying patient uses medical marijuana.”

ME resident? Click here to send a message to Gov. LePage urging him to sign the bill. 

Massachusetts
Members of the House put forward amendments to The Regulation and Taxation of Marijuana Act. Among proposed changes to the law would more than double taxes on retail cannabis sales, from 12 percent to as much as 28 percent, strip local control away from municipal voters and unilaterally give local government officials the power to decide whether or not to ban marijuana facilities in their communities, and restrict the kinds of marijuana edibles products that may be sold and purchased by adults.

MA resident? Send a message to your lawmakers telling them to enact Question 4 as passed in a timely manner. 

 

First Meeting Of Trump’s Opioid Commission: Will It Be Effective?

Marijuana medicineToday, the Office of National Drug Control Policy convened its first meeting of President Trump’s “Commission on Combating Drug Addiction and the Opioid Crisis.”

The Commission is tasked with making recommendations for improving the Federal response to opioid misuse and abuse.

Best evidence informs us that medical marijuana access is associated with reduced levels of opioid-related abuse, hospitalization, and mortality. Nonetheless, this administration continues to express skepticism with regard to the safety and efficacy of medical marijuana.

Today in The Hill newspaper, NORML Deputy Director Paul Armentano writes:

With opioid overdose deaths having risen four-fold since 1999, it is imperative that lawmakers and public health experts approach this issue with an open mind and remain willing to entertain all potential alternatives.

For many patients, cannabis provides a safe and effective substitute for the use of opioids and other potentially harmful substances. Committee members should set their political ideologies aside and give strong consideration to this rapidly growing body of scientific evidence.

You can read the full piece in The Hill by clicking here.

It is crucial that our government hear from us. Click here to send a message to the Commission urging them to include medical marijuana as part of any national response to the opioid crisis.

Rates of marijuana use, heavy use, and cannabis use disorder depend on where you live

Adult marijuana use rose significantly in states that passed loosely regulated medical marijuana laws (MMLs) according to a new study. The highest increases were reported among adults ages 26 and over. Little change was found in past-month marijuana use among adolescents or young adults between the ages 18 and 25.

Pennsylvania Governor to AG Sessions: Back Off!

In a recent letter to Attorney General Jeff Sessions, Pennsylvania Governor Tom Wolf wrote a pointed letter regarding the Department of Justice and it’s posturing to implement a crackdown of lawful state medical marijuana programs.

The full letter:

Dear Attorney General Sessions:

Last year, the Pennsylvania passed bipartisan legislation to legalize Medical Marijuana that I was proud to sign into law. The legislation was the result of conversations with Republicans and Democrats and fierce advocacy from families of children who were stricken with terrible illness that could be helped by Medical Marijuana.

We talked to kids who suffer dozens of seizures in a given day. We met veterans who have seen absolute terror and seek relief from the effects of their post-traumatic stress. We approached the responsibility of providing relief to the people of Pennsylvania very thoughtfully.

Since I signed the legislation, we have taken very careful and deliberate steps to implement the law so that those who are suffering can get relief while ensuring that the state is a responsible steward of the program.

Given the bipartisan and medical consensus for Medical Marijuana in Pennsylvania and many other states, I am disturbed to know that you are actively pursuing a change in federal law to go after medical marijuana suppliers.

We do not need the federal government getting in the way of Pennsylvania’s right to deliver them relief through our new medical marijuana program.

Your action to undo the protections of the Rohrabacher-Farr amendment, which prevents the use federal funds to disrupt states’ efforts to implement “their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana” is misguided.

If you seek to further disrupt our ability to establish a legal way to deliver relief of medical marijuana to our citizens, I will ask the Attorney General of Pennsylvania to take legal action to protect our residents and state sovereignty.

Sincerely,

Governor Tom Wolf

Attorney General Jeff Sessions Photo by Gage Skidmore

Attorney General Jeff Sessions
Photo by Gage Skidmore

This comes in response to a recently revealed private letter that Jeff Sessions sent to Congressional leadership requesting that the DOJ be permitted to target and prosecute state-licensed medical cannabis facilities, currently prohibited by a spending rider known as the Rohrabacher-Blumenauer amendment.

“I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime,” Sessions wrote, “The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.”

Jeff Sessions actually seems to believe that lawful medical marijuana patients, i.e. sick people, are causing the violent crime and contributing to transnational drug trafficking.

Deputy Attorney General Rod Rosenstein was questioned about federal marijuana policy during a Senate Judiciary Committee hearing earlier this week and he brought up current DOJ policy and left the door wide open to a potential crackdown.

“Jim Cole tried to deal with it in that memorandum and at the moment that memorandum is still in effect. Maybe there will be changes to it in the future but we’re still operating under that policy which is an effort to balance the conflicting interests with regard to marijuana,” stated Rosenstein, “So I can assure you that is going to be a high priority for me as the U.S. Attorneys come on board to talk about how to deal with that challenge in the states that have legalized or decriminalized marijuana, whether it be for recreational or medical use…”

The Cole Memo, is a Justice Department memorandum, authored by US Deputy Attorney General James Cole in 2013 to US attorneys in all 50 states directs prosecutors not to interfere with state legalization efforts and those licensed to engage in the plant’s production and sale, provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.

But while the Justice Department contemplates its next move, Wolf and other state politicians are taking action. Recently, Washington Gov. Jay Inslee (D), Colorado Gov. John Hickenlooper (D), Oregon Gov. Kate Brown (D) and Alaska Gov. Bill Walker (I) issued a letter to the new U.S. Attorney General and to Secretary of Treasury Mnuchin calling on them to uphold the Obama Administration’s largely ‘hands off’ policies toward marijuana legalization, as outlined in the Cole Memo.

“Overhauling the Cole Memo is sure to produce unintended and harmful consequences,” the governors wrote. “Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.”

Click here to send a message to your member of Congress to urge them to force the Department of Justice to respect state marijuana laws and then visit http://norml.org/act to support other efforts in your state and federally.

PA resident? Click here to send a message to your state lawmakers to support the effort to decriminalize marijuana in the Keystone State.

Marijuana use among college students on rise following Oregon legalization, study finds

College students attending an Oregon university are using more marijuana now that the drug is legal for recreational use, but the increase is largely among students who also report recent heavy use of alcohol, a new study has found.

Deputy AG: Marijuana is federally illegal and has no medical use

Cannabis PenaltiesDeputy Attorney General Rod Rosenstein was questioned about federal marijuana policy during a Senate Judiciary Committee hearing today and his responses were disconcerting to say the least.

Senator Lisa Murkowski (R-AK) asked Rosenstein about the current tension between state and federal marijuana laws.

“We do have a conflict between federal law and the law in some states. It’s a difficult issue for parents like me, who have to provide guidance to our kids… I’ve talked to Chuck Rosenberg, the administrator of the DEA and we follow the law and the science,” said Rosenstein, “And from a legal and scientific perspective, marijuana is an unlawful drug. It’s properly scheduled under Schedule I. And therefore we have this conflict.”

He further elaborated on the Trump Administration’s view of the Cole Memo, which was issued by President Obama’s Deputy Attorney General James Cole, which lays out guidelines for marijuana businesses operating in medical and legal states if they wish to avoid federal interference.

“Jim Cole tried to deal with it in that memorandum and at the moment that memorandum is still in effect. Maybe there will be changes to it in the future but we’re still operating under that policy which is an effort to balance the conflicting interests with regard to marijuana,” stated Rosenstein, “So I can assure you that is going to be a high priority for me as the U.S. Attorneys come on board to talk about how to deal with that challenge in the states that have legalized or decriminalized marijuana, whether it be for recreational or medical use…”

He also said that the Department of Justice is “responsible for enforcing the law. It’s illegal, and that is the federal policy with regards to marijuana.”

After testifying in front of the Senate Appropriations Committee, he also appeared before its House counterpart.

Representative Kilmer (D-WA) further questioned the Deputy Attorney General on the Cole Memo and the Department of Justice’s pending review of it, asking for an update on Attorney General Jeff Sessions view on it.

Rosenstein responded: “I do not have an update. I can tell you, it’s a very complicated issue for us. Under federal law as passed by the Congress, and given the science concerning marijuana, it’s a Schedule I controlled substance. That’s a decision I’ve talked with (DEA) Administrator Rosenberg about. Some states have taken a different approach and legalized or decriminalized marijuana for medical use and in some cases recreational use…The question of whether it’s legal under federal law is resolved because Congress has passed a law — it’s illegal. Scientists have found that there’s no accepted medical use for it. Cole made an effort to examine the issue and find a way forward for the department where we could continue with our obligation to enforce federal law and minimize the intrusion on states that were attempting to follow a different path.”

Despite these critiques, Rosenstein stated any revisions are likely to happen further down the road.

“For the moment the Cole memo remains our policy. There may be an opportunity to review it in the future, but at the moment I’m not aware of any proposal to change it. But I think we’re all going to have to deal with it in the future.”

You can watch the exchange on CSPAN by clicking HERE

Send a message to your member of Congress to support legislation to end federal marijuana prohibition by clicking HERE. 

Study: No Increase In Problematic Cannabis Use Following Passage Of Medical Marijuana Laws

no_marijuanaThe enactment of medical marijuana laws is not associated with increased rates of problematic cannabis use, according to data published online in the journal Addiction.

Columbia University investigators assessed cannabis use trends in states in the years following the passage of medicalization. They reported “no significant change in the prevalence of past-month marijuana use among adolescents or young adults (those ages 18 to 25)” following legalization. They also found no evidence of increased cannabis abuse or dependence by either young people or adults. States with largely unregulated medical programs were associated with increased self-reported use by adults age 26 and older, but states with stricter programs were not.

The study’s findings are consistent with those of numerous other papers reporting no uptick in youth marijuana use or abuse following medical marijuana regulation, including those here, here, here, here, here, and here. The findings contradict those of a recent, widely publicized paper in JAMA Psychiatry which speculated that medical marijuana laws may increase the prevalence of cannabis use disorder among adults.

An abstract of the study, “Loose regulation of medical marijuana programs associated with higher rates of adult marijuana use but not cannabis use disorder,” is online here.

Mixing booze, pot is a serious threat to traffic safety

Use of marijuana in combination with alcohol by drivers is especially dangerous, according to a study. Drivers who used alcohol, marijuana, or both were significantly more likely to be responsible for causing fatal two-vehicle crashes compared to drivers who were involved in the same crashes but used neither of the substances.

Safe Streets Alliance et al. v. John Hickenlooper, et al. – Good News, Bad News

C1_8734_r_xA ruling issued on June 7th by the US Court of Appeals for the Tenth Circuit, in response to a series of legal challenges to Colorado’s adult cannabis use regulations, includes both good news and bad news.

The Good News

Most importantly for the legalization movement nationwide, the appeals court rejected the argument raised by the states of Nebraska and Oklahoma that Amendment 64 in Colorado, the voter initiative that legalized and regulated the adult use of marijuana, was preempted by the federal Controlled Substances Act. That argument, made by these neighboring states, if accepted by the court, would have voided Amendment 64.

It should be noted that this was not a definitive ruling on the federal preemption argument. Rather, it was a procedural ruling, finding that only the US Supreme Court has jurisdiction to hear disputes between the states. (The Supreme Court declined to consider a similar challenge in 2016.)

In fact, it was only after the Supreme Court had rejected their motion that the two states elected to raise these same issues with the 10th Circuit, by filing a motion to intervene in the Safe Streets case.

Also a big win, the Circuit Court rejected a similar attempt by a group of sheriffs and prosecutors from Colorado, Kansas, and Nebraska to use the US Controlled Substances Act and the Supremacy Clause of the US Constitution to enjoin the enforcement of Amendment 64. The court found that the Supremacy Clause “does not give rise to a private right of action.”

Hopefully this will give pause to other anti-marijuana zealots out there who might wish to use the federal preemption argument to undermine the various state legalization laws.

The Bad News

The bad news is that the 10th Circuit did reinstate a civil RICO complaint filed by private landowners in Colorado against a state-licensed indoor cultivation center, alleging it had caused a noxious odor that damaged their property value. The appellate court remanded the case back to the US District Court for further proceedings to allow the plaintiffs to attempt to prove their RICO claims.

While this is necessarily concerning to those in the state-legal cultivation industry, since the problems presented by the odors emanating from large grow operations is a theme which has been raised in several Colorado communities, it likely does not open the floodgates for every neighbor to bring a RICO suit against any cultivation center. Rather it likely will accelerate the adoption of the most effective technology by cultivation centers to minimize the odor of marijuana.

In the court’s own words, “We are not suggesting that every private citizen purportedly aggrieved by another person, a group, or an enterprise that is manufacturing, distributing, selling, or using marijuana may pursue a claim under RICO. Nor are we implying that every person tangentially injured in his business or property by such activities has a viable RICO claim. Rather, we hold only that the Reillys alleged sufficient facts to plausibly establish the requisite elements of their claims against the Marijuana Growers here.”

Teen cannabis use and illicit drug use in early adulthood linked

Researchers have found regular and occasional cannabis use as a teen is associated with a greater risk of other illicit drug taking in early adulthood. The study also found cannabis use was associated with harmful drinking and smoking.

Review Identifies 140 Controlled Clinical Trials Related to Cannabis

Marijuana researchScientists have conducted over 140 controlled clinical trials since 1975 assessing the safety and efficacy of whole-plant cannabis or specific cannabinoids, according to a new literature review published in the journal Critical Reviews in Plant Sciences.

A pair of German researchers identified 140 clinical trials involving an estimated 8,000 participants. Of these, the largest body of literature focused on the use of cannabis or cannabinoids in the treatment of chronic or neuropathic pain. Authors identified 35 controlled studies, involving 2,046 subjects, assessing the use of marijuana or cannabinoids in pain management. In January, the National Academy of Sciences acknowledged that “conclusive or substantial evidence” exists for cannabis’ efficacy in patients suffering from chronic pain.

Cannabinoids have also been well studied as anti-emetic agents and as appetite stimulants. Researchers identified 43 trials evaluating marijuana or its components for these purposes, involving total 2,498 patients. They also identified an additional 14 trials examining the role of cannabis or cannabis-derived extracts in the treatment of multiple sclerosis.

Researchers also identified several additional trials evaluating the use of cannabis or cannabinoids for Crohn’s disease, Tourette’s syndrome, Parkinson’s disease, glaucoma, epilepsy, and various other indications.

A 2014 study published in the Journal of the American Medical Association reported that new drugs typically gain FDA approval on the basis of one or two pivotal clinical trials.

Full text of the study, “Medicinal uses of marijuana and cannabinoids,” appears online here.

Weekly Legislative Update 5/27/17

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

Republican Gov. Phil Scott rejected legislation earlier this week, Senate Bill 22, which sought to eliminate criminal and civil penalties for the adult use and possession of marijuana. The Governor said that he did not support the legislation as written, but remains open to working with lawmakers over the summer on ways to amend the state’s cannabis policies.

In Maryland, Governor Larry Hogan has apparently chosen to not take action on legislation, House Bill 379 / Senate Bill 949 to permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records, meaning the bills will go into effect.

Earlier this week, we sent out an update to our members pertaining the to status of cosponsorship to federal legislation. Click here to view it and take action. 

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal
Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the Congressional Cannabis Caucus

Colorado
SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown, would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

Update: S. 192 passed the Senate on May 9 and was transmitted to Governor Hickenlooper on May 18. The bill now awaits his signature or veto.

CO resident? Click here to send a message to the Governor urging his signature. 

New Hampshire
Legislation is pending in New Hampshire, HB 215, to establish a commission to study the legalization, regulation, and taxation of marijuana.

Police in New Hampshire arrest some 2,900 individuals annually for simple marijuana possession offenses. The continued criminalization of adult marijuana use is out-of-step with the views of New Hampshire adults, 62 percent of whom now endorse legalizing and regulating cannabis, according to a 2016 WMUR Granite State Poll.

Update: The bill received a favorable Senate committee report on May 25.

NH resident? Click here to send a message to your state Senator to support the bill. 

Minnesota
HF 2714, to amend the Minnesota Constitution to regulate the adult use, cultivation, production, and retail sale of marijuana was introduced May 20.

Earlier in the year, Deputy Minority Leader, State Rep. Jon Applebaum introduced additional legislation, HF 927, to permit the adult use, cultivation, production, and retail sale of marijuana has been introduced in the Minnesota House. Rep Applebaum said in support of his House bill, “The world is changing, and Minnesotans are rightfully developing different attitudes on marijuana. Other states’ successes, along with the failed prohibition attempts of others, have validated the need for a statewide conversation on legalizing the personal, recreational use of marijuana.”

MN resident? Click here to send your lawmakers a message in support of these efforts.

Texas
House Concurrent Resolution (HRC) 149 – Legislation proposed by Texas House Representative Eddie Lucio, III requests that the Lieutenant Governor and the Speaker of the House of Representatives create a joint interim committee to study the feasibility of medical cannabis in Texas. While an HRC is not required to hold an interim committee study, passing this Concurrent Resolution will ensure that the study takes place.

TX resident? Send a message to your lawmakers in support of HRC 149. 

 

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