A Profound Moment for American Marijuana

Photo by David Sygall

The spring of 2011 has brought tension to the air for everyone involved with cannabis in the United States. Federal authorities have unleashed a coordinated attack on political efforts to tax marijuana and they have made war on medical marijuana programs. This has been matched by additional states changing local laws, putting more skin into the game than ever.

The bets are now in for the biggest cannabis policy showdown in our generation – right in Washington DC. The Schedule I status of marijuana in the federal Controlled Substances Act will either be re-affirmed or changed, likely over the next 24 months.

Marijuana prohibition has become the most refined and serious states’ rights issue of the 21st Century.  Millions of Americans are now participating in a multi-billion dollar medical cannabis economy.

States are taking greater pains to regulate this fast-moving industry. Why? To recognize the will of their residents but also to gain badly needed tax dollars. In some cases, they are getting that money.

At the same time, Michele Leonhart has led the Drug Enforcement Administration to conduct a major escalation of raids that bring automatic weapons into peaceful marijuana centers.

If marijuana were moved to Schedule II, III, or IV or even removed from the schedule (that is an option), it would end the conflict of state vs. federal law on all related matters.  That means whatever marijuana industry that states decide to authorize (medical, recreational or hemp) could be protected, regulated and taxed.

When the Controlled Substances Act was created in 1970 a blue-ribbon commission was chartered by President Nixon to study marijuana’s proper placement. The recommendation in 1972 was that personal cannabis use should be decriminalized and it should not appear in the scheduling. Obviously Nixon ignored those suggestions.

Forty years later we live in the ‘Just Say Drug War’ era. Still, the status of marijuana has always been overseen by Congress and the President. They have been the quiet players at the poker game thus far. But the increase in aggression by the DEA and US Attorneys has produced an interesting result.

When the Washington state Legislature recently passed a bill to regulate a dispensary system for patients the fed came down like a ton of bricks on the political process. Governor Chris Gregoire (a former US Attorney in her own right) vetoed the bill. But then she turned around to announce plans to bring together the now 16 medical marijuana Governors in a unified lobby for re-scheduling to category II.

Gregoire currently leads the National Governors Association. Having the elected leaders of these states actively seek an end to federal cannabis prohibition could be a significant pressure point on Senators and Representatives in Washington DC.

We are also just beginning to see federal lawsuits filed in Montana by the victims of these DEA raids over illegal search and seizure. Cannabis and money are stolen, bank accounts cleared out; but no one is arrested. Not exactly by-the-books due-process.

The IRS has now appeared at the table as a major player, staked by the Fed against individual entrepreneurs. Financial investigations of successful cannabis business like Harborside Health Services in Oakland are underway.

At the same time the city of San Jose California began raking in $290,000 in monthly taxes from local medical cannabis sales!

The effect of these simultaneous actions has just forced everyone in the game to go all-in. Congress and President Obama are being positioned to make their bets and address the issue…during an election season. And that may be the plan.

However, supporting the move to Schedule II in the CSA is a safe position, politically. Ever growing majorities of American voters, of all parties, support their local medical cannabis laws. So, re-scheduling is backed by tremendous public support, but groups such as the American Medial Association (AMA) have also recommended the change.

Moving to Schedule II is a good quick-fix for the current medical cannabis industry as well as programs like Rhode Island and New Jersey that remain on hold. Even the Internal Revenue Service would be mollified.

Still, there should be a modern congressional commission designated to study full cannabis legalization if re-scheduling is adopted.

A more disturbing outcome is possible. The current Schedule I status could ultimately be upheld by Congress and President Obama.  That would likely signal another significant increase in federal aggression towards the existing medical cannabis industry. This sends everyone down a terrible path. Battles will rage in the courts and in the faces of seriously ill patients just trying to follow their state laws.

Would some Governors then mobilize their Attorneys General, their police or even the National Guard to protect their state employees, medical cannabis centers and patients?

We are experiencing the Cuban Missile Crisis in the cold war between the States and the US Federal Government on medical marijuana laws. Moving to Schedule II would pull authorities on both sides back from the brink of violence.

The move would allow everyone to split the pot. Of paramount importance, it would directly help the millions of seriously ill residents who access this proven therapy every day.

Marijuana prohibition has seen windows for reform in the past; none have been open this wide.

Public support must be channeled because taking the game to Congress is also where the marijuana reform movement has traditionally been the weakest.

Just a handful of federal legislators are there to champion this cause: Ron Paul (R-TX), Barney Frank (D-MA), Jared Polis (D-CO), Maurice Hinchey (D-NY) and Dana Rohrabacher (R-CA) to name the most vocal.

However there is one place that the marijuana legalization movement is stronger than everyone else, including the Fed: Online. Within the modern Matrix cannabis reform is Neo.

This could be the end-game. Everyone online is at the table too, so don’t sit this one out.

Marijuana prohibition deserves a peaceful solution, for all Americans.

Commentary from Editor Chris Goldstein

Get involved:

NORML- www.norml.org

Students for Sensible Drug Policy – www.ssdp.org

The Drug Policy Alliance – www.drugpolicy.org

The Marijuana Policy Project – www.mpp.org

NORML Women’s Alliance – http://norml.org/index.cfm?Group_ID=8059

Willie Nelson’s Teapot Party – www.teapotparty.org

Questions?  [email protected]

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey.

Booze, Weed and Women

When I read this article, it didn’t sit with me entirely. Several days ago, the Women’s Marijuana Movement marked both Sexual Assault Awareness Month and Alcohol Awareness Month [that’s a lot of awareness for one month] by arguing that increased cannabis use may help prevent rapes fueled by booze. Shew. That’s a stretch for me. Increased yoga might also lessen the amount of booze-fueled rapes, but I don’t think the frat boys at the local university are going to go for it. There’s a personal accountability element that seems to be missing as well, though I recognize some of her points.

Toni Fox, who’s the stepmother of an eighteen-year-old college student and mother of a fourteen-month-old toddler, comes from what she describes as “an alcoholic family” and admits that she developed “a tendency to use alcohol to the point where you get intoxicated.”

This habit led directly to the first of several incidents during her life when she was sexually assaulted, she says.

“I was in tenth grade, and I lived in a small town — absolutely middle America, where it’s socially acceptable for kids to binge-drink at any early age,” she recalls. “I was invited to a party with the popular kids and binge-drank with them. And one of the attendees, a very popular kid in school, took complete advantage of me. I was completely inebriated, passed out, and he had sex with me anyway.”

Similar situations took place in years to come. “When I was older, in my twenties and going out to nightclubs, excessive drinking was always part of the poor choices I made. You lose your ability to rationalize, and bad things can happen. And every woman I’ve spoken to, other than my daughter, has been sexually assaulted in one form or another — and when they look back on it, alcohol was involved.”

That’s one reason Fox got involved with the Mason Tvert-founded SAFER (Safer Alternative for Enjoyable Recreation) six years ago. She subsequently helped launch the Women’s Marijuana Movement — and her stepdaughter’s attendance at Metro State College has only reinforced her views about marijuana versus alcohol.

“My daughter makes the safer choice,” notes Fox, who says she now drinks rarely and only in moderation. “Not that I condone her using marijuana when she’s only eighteen. But she tells me on almost a weekly basis about someone she knows at school who was date-raped because of alcohol. And thank goodness nothing like that has ever happened to her.”

Read more.

Beth Mann is a popular blogger and writer for Open Salon and Salon. She is also an accomplished actor and director with over 15 years of experience, as well as the president of Hot Buttered Media. She currently resides at the Jersey shore where she can often be seen surfing or singing karaoke at a local dive bar.

Contact: maryjane {at } freedomisgreen.com

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Marijuana News, Science, Activism and Culture

Growing the East Coast cannabis community

3/2/2011 Chris Goldstein, a nationally recognized journalist and pro-marijuana advocate, is launching a new online resource for the East Coast.

“Freedomisgreen.com is here to cover the news, activism and lifestyle of American marijuana,” he said today.

Editorial staff

Chris Goldstein – Founder/Site Editor (267) 702 3731    chris { at }freedomisgreen.com

Beth Mann – Mary Jane Editor maryjane{ at } freedomisgreen.com

Jahan Marcu – Science Editor science {at} freedomisgreen.com

Diane Fornbacher – grassroots{ at }freedomisgreen.com

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Connecticut House Passes Final Vote on Marijuana Decrim Bill

Hartford

6/7/2011 – Today the Connecticut House of Representatives passed SB 1014, a bill to make possession of less than 14 grams of marijuana a non-criminal violation for adults.  There was heavy debate about the concept, but the measure prevailed in a 90-57 vote. The legislation was passed by the Senate over the weekend.

Governor Dannel P. Malloy sponsored the bill and is now expected to sign it into law.

Speaking about the bill on the floor today Republican Rep. Brenda Kupchick seemed torn: “Someone wrote to me today that if I didn’t support this bill that I would be an active proponent to government intervention into the private lives of citizens and interfering with individual liberties. That actually bothered me.”

Rep. Gerald Fox, a proponent of the legislation and the chairman of the House Judiciary Committee, answered dozens of questions from his peers. Opponents seemed to be most concerned with lightening the criminal treatment for those ages 18-21. But Fox assured them that young adults would face the same penalties for marijuana as they do for underage drinking.

Rep. Fox also pointed out that by treating possession of small amounts as a non-criminal offense it would not hurt the future employment or military eligibility of young people.

“The penalty is different, but going to court remains the same,” said Fox.

Under the new bill adults in possession of less than half an ounce of marijuana would be punished with a $150 fine on the first occasion and $200-$500 for additional offenses. Those between the ages of 18-21 will need to appear in court and will also have their drivers’ license suspended for 60 days.

[UPDATE 5:05PM] Governor Malloy issued this statement today:

“Final approval of this legislation accepts the reality that the current law does more harm than good – both in the impact it has on people’s lives and the burden it places on police, prosecutors and probation officers of the criminal justice system. Let me make it clear – we are not legalizing the use of marijuana. In modifying this law, we are recognizing that the punishment should fit the crime, and acknowledging the effects of its application. There is no question that the state’s criminal justice resources could be more effectively utilized for convicting, incarcerating and supervising violent and more serious offenders.

“Modification of this law will now put Connecticut in line with the laws of two of our neighboring states, New York and Massachusetts, and a total of thirteen states across the country with similar statutes. I applaud the General Assembly in their passage of this legislation and will sign it into law. I would also like to specifically thank State Senator Martin Looney, who first introduced this legislation in 2009, for his support and advocacy of this issue.”

When the bill is signed into law Connecticut will be the 14th US State to make adult cannabis possession a non-criminal offense.

See NORML’s decrim map here

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. Questions?  [email protected]



ACLU Calls on US Attorney General For Cannabis Clarification

Medical marijuana growing in CA

5/10/2011 – The national office of The American Civil Liberties Union has issued a letter to the US Department of Justice about medical marijuana. It asks for Attorney General Eric Holder to fully clarify the federal position regarding the seriously ill and often terminal patients who grow or possess cannabis legally in their state.

From the ACLU press release today:

In a letter sent late yesterday, the ACLU expresses deep concern about recent letters from several U.S. attorneys from across the country that threaten people who comply with state medical marijuana laws, including state employees and state licensed providers of medical marijuana, with federal prosecution.“Patients, providers and legislatures need clear guidance from DOJ so they can proceed in confidence that state law will be respected,” said Jay Rorty, Director of the ACLU Criminal Law Reform Project and one of the authors of the ACLU’s letter. “Patients who suffer from serious medical conditions need safe and reliable access to their medicine without the fear of federal prosecution.”

The ACLU’s letter was also signed by Laura W. Murphy, Director of the ACLU Washington Legislative Office and Jesselyn McCurdy, ACLU Senior Legislative Counsel.  READ FULL RELEASE

Medical marijuana advocates and industry professionals had viewed a 2009 memo from the Department of Justice and subsequent statements by Attorney General Eric Holder as a position of non-interference.  Even as DEA raids happened this year in Washington and Montana many thought that federal agents were targeting those facilities less compliant with local medical marijuana laws. But recent letters from US Attorneys to states like Rhode Island have taken a more aggressive stance.

Make no mistake: We are experiencing a nationally coordinated, federal attack on state laws authorizing medical cannabis. ACLU has been always been right in the thick of this fight and the letter yesterday acknowledges the major shift for the issue this spring.

Questions?  [email protected]

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey.


BREAKING: NJ Gov. Christie – Medical Marijuana Press Conference

7/19/2011 – Governor Chris Christie called a surprise press conference today to address the stalled medical marijuana law. Taking full responsibility, he has decided to allow six Alternative Treatment Centers to move ahead.

“I have been struggling – as has my administration – to try and find a way to accomplish what I wanted to accomplish…which is to provide compassionate treatment to people who are suffering in a way that will not expose them, the operators of our dispensaries or employees of the State of New Jersey to criminal liability.”

Governor Christie is a former US Attorney and spent a significant amount of time discussing the intersections and conflicts between state and federal laws.

But, in the end, Christie confirmed that the law was moving ahead, “I have instructed the Commissioner of Health to move forward as expeditiously as possible to implement the [program].”

The full press conference video is below.

This is a breaking story – updates soon.

Activist Brings Marijuana Policy to NJ Libertarian Convention

March 11, 2011 – FOR IMMEDIATE RELEASE

CONTACT: chris {at} freedomisgreen.com

Activist brings marijuana policy to NJ Libertarian Convention

Chris Goldstein is a respected marijuana activist working locally with The Coalition for Medical Marijuana New Jersey and NORML-NJ. On Saturday March 12th he will deliver a speech to the New Jersey Libertarian Party Convention. www.njlp.org

The 1PM talk takes place at the Brookdale Community College campus in Lincroft, NJ.

Goldstein has been helping to organize New Jersey patients and advocates in the fight with governor Chris Christie over reasonable regulations for the state’s new medical cannabis program.

The 30-minute talk will include a PowerPoint presentation on the history of marijuana prohibition in America. Goldstein will also speak about current events in the Garden State. There is also a question-and-answer portion for attendees and the media.

“The ongoing impasse over these regulations has been a disaster for the seriously ill residents who need this law to work. It has also created a rare Constitutional conflict. The Legislature is trying to uphold the law and protect the integrity of the Compassionate Use Medical Marijuana Act.”

Goldstein recently launched a new website to cover marijuana reform on the East Coast: www.freedomisgreen.com

CONTACT: chris {at} freedomisgreen.com

Breaking: NJ Legislature Could Throw Out Marijuana Regulations

NJ State House by Freitag

New Jersey State House by C. David Freitag

5/6/2011 – The proposed regulations for the medical cannabis program in New Jersey violate the true intent of the Compassionate Use law. Assemblywoman Linda Stender has filed ACR 188, the final resolution that could invalidate them completely. The Senate and Assembly have already voted against the harsh regulations that removed provisions for home delivery, limited THC potency to 10 percent and created a controversial doctor registry for marijuana.

ACR 188/ ACR 151 states:

“A Concurrent Resolution prohibiting the adoption of certain Department of Health and Senior Services rules implementing the “New Jersey Compassionate Use Medical Marijuana Act.”

They rules were put forth by the Department of Health and Senior Services  (DHSS) and have been vocally defended by Governor Chris Christie. The seriously ill patients who the law is meant to serve have done nothing but criticize the regulations in a series of public hearings.

 But The Legislature is keeping up the fight for patients by using rare procedure to throw out the rules. It has three steps: 1) A concurrent resolution is passed (complete 1/20/2011) 2) A special public hearing is held to gather guidance testimony (complete 2/3/2011) and 3) Based on such testimony a final concurrent resolution must be passed (now filed as SCR 151/ ACR 188).

This form of resolution does not require the signature of the Governor. In fact it communicates that Governor Christie would have 30 days to amend to rules. If the Executive does not change the regulations to the approval of the Legislature they will be officially invalided in whole or in part.

Advocates and the sponsoring politicians are eager to make changes. The six Alternative Treatment Centers recently approved by the Department of Health and Senior Services (DHSS) can not open until final regulations are adopted. The New Jersey Compassionate Use Medical Marijuana Act was supposed to have been fully running in the summer of 2010 but has seen a series of delays.

Questions?  [email protected]

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey.

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Growing the East Coast cannabis community

3/2/2011 – Chris Goldstein, a nationally recognized journalist and pro-marijuana advocate, is launching a new website to cover the East Coast: www.freedomisgreen.com .

“ Millions of cannabis consumers from Maine to Florida are searching out local information about legalization. Freedomisgreen.com is here to cover the news, activism and lifestyle of American marijuana,” he said today.

Known for popular blogs and newspaper columns in the Philadelphia area covering marijuana politics, Goldstein is regularly featured on FOX, CBS, NBC, Comcast, ABC and the Associated Press.

A limited number of initial sponsorships are available that feature prominent placement for advertising. Three levels of sponsorship are available too accommodate various budgets.

“Many businesses can benefit from sponsorship: Clothing companies, record labels, print publications and consumer products just to name a few. Cannabis lifestyles in America touch upon more businesses than we think, “ Goldstein said.

There are dozens of print magazines and websites catering to cannabis consumers on the West Coast. Now, freedomisgreen.com fills an important niche for the marijuana-friendly community in the eastern US while offering a powerful venue for businesses to connect with the region.

Chris has assembled a unique team of writers to produce exclusive content in the following categories: Freedom Buzz, Sensible Science, Green Justice, Mary Jane’s Corner, Canna-business and Grass Roots. The site has an open-call for submissions of writing, photos and video from voices in the local cannabis community.

For more information please call  267 702 3731  or send us an email

BREAKING: Florida Gets Medical Marijuana Bill

3/9/2011 11:29AM UPDATE 6:11PM- A Florida House Representative has formally introduced a medical cannabis bill this week. Advocates and the sponsor are planning a press conference for 10:00AM local time tomorrow on the 4th floor of the Capitol Building in Tallahassee.

The Tampa Bay Times/Herald reported today:

Rep. Jeff Clemens, D-Lake Worth, has filed a joint resolution that if passed would let voters in 2012 weigh in on a constitutional amendment legalizing medical marijuana.

The law would allow the use of medical marijuana if it’s recommended by physicians for patients with “debilitating medical conditions.” The proposal also allows the Legislature to set a maximum quantity of marijuana that can be owned for medical use, but that amount could be exceeded if a patient or doctor says greater amounts are necessary. Read full

Recent polling by the Florida Republicans indicates a groundswell of public support for the issue:  57% of Floridians reported that they want to legalize medical marijuana,

Robert Platshorn at NORMLCON 2010 – photo by NORML/David Sygall

The extra momentum for the new legislation came from an interesting place; two senior activists.

Robert Platshorn,  also known as Bobby Tuna, spent 30 years in federal prison for smuggling marijuana in the 1970’s. Now’s he’s giving talks about the benefits of medical cannabis as part of the NORML/High Times Silver Tour to educate seniors.

Bobby has been joining Irvin Rosenfeld, one of the four surviving federal medical marijuana patients, for special presentations to local  political clubs.

NORML South Florida attended local legislative meetings in January with Rep. Clemens in attendance.

After Bobby spoke in front of the Palm Beach County delegation Clemens requested more information and quickly introduced the resolution.

Look for an exclusive interview with Robert Platshorn on freedomisgreen.com later today!

More information: People United For Medical Marijuana  http://www.pufmm.org/

Video below of Irv Rosenfeld testifying for medical marijuana in Michigan