Attorney: Just Say No to Police

Bill Buckman at the PhillyNORML Freedom Forum 2009

William Buckman is a criminal defense attorney in New Jersey who recently published an excellent blog about how to handle police encounters:  Always Remain Silent… What To Do When Questioned By Police.  Bill is a prominent member of the national NORML Legal Committee and serves on the Board of Directors at NORML-NJ. The wisdom he shares is important reading for all cannabis consumers.

From In Bill’s Words March 2011 – I have practiced criminal law for over 30 years. I am still mystified as to why people under investigation speak to police. To try to help my clients I have placed on the back of my card the following:

My lawyer has told me not to talk to anyone about my case, not to answer questions, and not to reply to accusations. Call my lawyer if you want to ask me questions, search me or my property, do any tests, do any lineups, or any other identification procedures. I do not agree to any of these things without my lawyer present and I do not want to waive any of my constitutional rights. If I am being charged with DUI, I agree to a breath test.

Unfortunately too many people reach my office after they have spoken.

Let me be succinct: Of those of my clients convicted of an offense, 90% or more are convicted, at least partially, by something that came from their own mouths. The reasons clients give me for speaking are legion: “I just wanted to be cooperative; the police threatened me; I had nothing to hide;” etc.

Yet all excuses beg the question: Can you severely prejudice your case – guilty or innocent– if you speak to police. The answer is an emphatic “YES.”

I would note that a common misunderstanding among Americans is the fear that refusal to answer implies guilt. Whether this is true or not or what people may think of your decision to exercise your Fifth Amendment right (i.e. silence), should be dramatically overshadowed by the fact that what you consider a simple answer could land you in prison.

Read the full piece here, but the closing statement is worth emphasizing:

So if ever you are approached by police for “simple questioning”- please – JUST SAY NO or insist that your lawyer be present no matter how intimidating, threatening or even violent the encounter may be. It is far better to take abuse up front than to make a statement that can be used to hurt you for a much longer period of time.

Now that is some sound advice from one of America’s top lawyers for civil rights/criminal defense. Thank you Mr. Buckman!

Buckman Law Firm: http://www.whbuckman.com/

NORML Legal Committee: http://norml.org/index.cfm?Group_ID=3402

Don’t wait to get busted to help NORML legalize pot – make a donation today!

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. He enjoys old-school hip-hop, vintage airplanes and changing the world. Contact chris { at } freedomisgreen.com

Behind the Scenes: The Dr. Oz Medical Marijuana Show

Here I am at the MSNBC Digital Cafe just before a taping of The Dr. Oz Show

3/28/2011 – On March 29, The Dr. Oz Show airs the new program “Medical Marijuana: Is it Time to Make it Legal?” and I had the chance to participate. But being on the set of a major network television show at 30 Rockefeller Center is a lot different than watching it at home. The audience you see clapping and cheering or booing and hissing has been carefully selected. This was no puff-piece either because in the studio with us were some of the oldest and meanest anti-marijuana prohibitionists left in the country.

The production staff used different channels to reach out to New Jersey’s medical cannabis groups; that’s when I got the call. Many of us were rather excited at the prospect of telling our stories about the struggle that patients and advocates face here in the Garden State. A few of us were even promised we would have direct interaction with Dr. Oz.

The associate producer asked us to start a chain of calls and emails to help her find the perfect audience filled with people who are pro-medical marijuana. She also mentioned that she wanted to feature a patient that fit this description:
“We are looking for a woman in the age range of 35-50 (or around those ages) who currently uses medical marijuana. She should have one of the conditions that it is known to help and will speak openly about the cause, how frustrating it is to not have it available and how important it is to her condition to have this.”

They decided to go with Sandy Faiola, a Multiple Sclerosis patient and medical marijuana advocate from Asbury Park, NJ. Sandy has shown up to press conferences, protests and to testify before the Legislature in Trenton demanding her right to have the medicine works best for her illness.

When we arrived they took us up to MSNBC .com Digital Café to register with the audience coordinator. As we lined up to take our seats we could see that the entrances were strategically coordinated; we were waiting only with audience members who held the same opinion. Peeking into the studio decorated with fake green houseplants and monitors reading “Medical Marijuana” we were all becoming quite enthusiastic for this novel experience. It probably helped that the stage manager was loudly blasting party hits from the 80’s and 90’s to drum up the enthusiasm.

I was seated next to my good friend and fellow activist Charles Kwiatkowski; we both volunteer with The Coalition for Medical Marijuana New Jersey. Carina Cialini, a friend and a colleague with the NORML Women’s Alliance, was seated in the row behind us. By the time the cameras were ready to roll people in the audience were singing along loudly and some were even dancing in the aisles.

A comedian named “Steve” came out and started to tell jokes, hyping up the audience and going over the rules of the show. He encouraged us to boo anything we didn’t like then cheer for what we loved and do it loudly too. But we were told not interrupt the host if we could help it, especially during the guest interview process.

Diane with Cheryl and Jim Miller in 2001

Steve counted down, the audience revved up the applause on cue and Dr. Oz made his big entrance. He introduced the topic and a video montage was displayed. I was quite pleased to see that Cheryl Miller, our medical marijuana hero here in New Jersey was shown in her reclined wheelchair. It was quite difficult for me not to weep seeing her image, I very much wish she were alive so she could see how far we have come for patients.

After the introductory segment, I noticed that a much bigger portion of the audience was on the opposing side than we originally expected. However, we were very quickly distracted because after Dr. Oz sat down once the surprise guest came out on stage. It was none other than Montel Williams! Immediately patients, advocates, and general admission audience members got excited.

Montel is a former talk show host and, like our friend Sandy, he is battling Multiple Sclerosis. He was recently arrested for possession of a pipe at the General Mitchell International Airport in Milwaukee. He has also been very active within the medical marijuana community, testifying and holding media events in states trying to pass laws for patient access.

Dr. Oz and Montel Williams image from oprah.com

Montel shared his very emotional story, and at times had to pause to collect himself. He stressed the importance of patients being allowed to choose to use what works best.  However, at his most candid moments Montel was rudely interrupted by  prohibitionist David Evans of Flemington, NJ and two of his cohorts. They were placed in the audience just to heckle the pro-medical marijuana guests. Dr. Oz himself was cut off several times along with anyone in favor of medical marijuana.

I was angered and appalled at the lack of manners by these prohibitionists. Those of us who came to advocate and educate waited our turns to speak and were very respectful. But being polite and logical was a disadvantage for getting time on the air during this show.

Dr. Oz and guests like Dr. Donald Abrams went on to discuss the difference between the medical marijuana laws in the west specifically California and Colorado versus the east and especially in my home state of New Jersey. Allen St. Pierre, the Executive Director of NORML elaborated on how the laws aren’t perfect in California but before he could continue Allen was interrupted by rude outbursts coming from incredibly arrogant individuals on the prohibitionist side.

Overall, there seemed to be a negative approach toward the California medical marijuana industry. Dr. Oz showed a video clip of a show correspondent in a warehouse grow facility somewhere in CA, when the camera panned back Oz reflected that he was “repulsed” by it.

Also featured as an “expert” on the show was Dr. Andrea Barthwell, who worked in the White House Office of National Drug Control Policy under President George W. Bush. Unsurprisingly she keep in line with her former employers, parroting the mantra that medical marijuana “sends the wrong message to our young people” and “there are plenty of other ways to help those who suffer from these (ailments) than using marijuana.”

Carina Cialini of the NORML Women’s Alliance had this to say about her experience as a member of the audience and the overall feelings about the medical marijuana show:

“I would like to thank Dr. Oz for doing the show. The program will spark an increased mainstream discussion about medical marijuana…this is always a good thing. At the same time I have to admit some disappointment with the taping. I found that the opposition was completely out of line not to mention some of the rudest people I have ever encountered in my life. Their behavior wasn’t even close to abiding by audience guidelines that the studio manager provided us.  All of it made me question if the producers really cared about the sick and terminal medical marijuana patients given that David Evans and his crew were never asked to stop their outbursts.”

Carina added, “It is critical now more than ever that our nation is educated properly and correctly regarding the use of medical cannabis.”

A NJ medical marijuana patient demonstrates in Trenton – photo by Libertae Photography/Diane Fornbacher

Watch video of the show online http://www.doctoroz.com/videos/medical-marijuana-hot-debate-pt-1

[Editor’s Note – We got an email over the weekend informing us that Sandy Faiola’s feature was cut from the final program .]

Diane Fornbacher has been a cannabis law reform activist for 15 years. She has worked with some of the top reform organizations (NORML, Drug Policy Alliance, ASA, The November Coalition). Fornbacher is the current Vice Chair of the NORML Women’s Alliance and serves on the board of The Coalition for Medical Marijuana New Jersey (CMMNJ). When she isn’t working to change the cannabis laws, she enjoys photography and writing/performing poetry.  Contact grassroots {at} freedomisgreen.com

10 Questions To Ask Your Cannabis Scientist

Guest blog by Samantha Miller – The current cannabis laboratory environment is unregulated so consumers have to be savvy. Knowing what questions to ask a prospective cannabis lab is key.  To help the process a group of laboratory service providers* from various states along with an international advisor compiled a list of 10 questions to ask a cannabis scientist. This can act as a quick reference guide for those looking for a qualified laboratory partner.

10 Questions to ask your cannabis scientist

1. What training or expertise do you have to be able to perform cannabis analysis?

2. Which cannabinoids do you test for? Do you have reliable reference standards for all of them?

3. How is CBN related to THC, and why is it important to test for it?

4. What kind of samples do you test (flowers, edibles, tincture)? Have you optimized your extraction and analysis protocol for each kind of sample?

5. What do you do with left-over samples?

6. Are you aware of acidic cannabinoids? In samples such as edibles and tincture they can be present at high levels. How do you deal with that?

7. What is your analytical methodology for testing cannabis (HPLC [liquid chromatograph], GC [gas chromatograph], TLC, other)? What are the limitations of your selected method?

8. What is the average THC/CBD content your lab has measured?

9. Did your lab ever test the same cannabis twice, with very different results? What was the explanation for that, and what has been changed to prevent it from happening again?

10. Analytical methods need to be ‘validated’ before you can be sure they are fully reliable. Have you done this already, and how did you do this.  Did it include a third party?  If you didn’t do it yet, how can I be sure my results will be accurate?

* Contributors: Arno Hazekamp (Netherlands), Samantha Miller (Pure Analytics), Paula Morris (Medea Labs), Noel Palmer (Montana Botanical Analytics), Jeff Raber (The Werc Shop) and Eric Taylor (California Botanicals).  Collectively the ACS, Alliance for Cannabis Science.

For some guidance on answers please read: Cannabis Laboratories: The Testing Landscape in America

DISCLAIMER: The views and opinions expressed are those of the author and do not necessarily represent any University, business, affiliates or Freedom Is Green Media Group LLC. The information provided in this blog is not intended to diagnose or treat any disease.

Questions? science(at)freedomisgreen.com

Big Apple Goes Green with Most Expensive Pot in America

Empire State NORML logo

Marijuana consumers in New York City already know that pot prices are sky high. But how about dropping a cool grand on a few grams? Professor Harry Levine and the Drug Policy Alliance released a landmark report this week showing that NYC sinks $75 million dollars annually into arrests for small amounts of marijuana. Read the full report

“We are spending all of this money to basically to get nickel bags, dime bags … a joint,” Levine said at a press conference last Thursday.

That would equate to $1,500 per nick’ or joint, assuring that New York City taxpayers own the most expensive pot in the country. Too bad no one will get to enjoy it.

Douglas Greene at Empire State NORML organized the press conference and it was a privilege for me to speak alongside some powerhouses of reform. Our job was to take an important message to the streets: Smoking marijuana is much safer than drinking alcohol for St Patrick’s Day.

Dr. Julie Holland, a psychiatrist and popular author made a compelling case: “Alcohol withdrawal comes with a 30% chance of death. This is much more deadly than even heroin withdrawal.” She went on to emphasize the overwhelming safety of marijuana, a substance that never caused a single human death.

Doug Greene and Rev. Jay Goldstein (friend but not related) spoke on behalf of the local effort to change cannabis laws including a medical marijuana bill active in Albany.

Daniel Jabbour of Students for Sensible Drug Policy (SSDP) emphasized that most pot arrests are young people of color who may loose their financial aid over a joint.

Tony Newman of the Drug Policy Alliance closed out the talks with the appeal that all substance prohibitions should end.

The public gave us us a tremendously positive response. Scores of passersby gathered on both sides of Broadway listening to the passionate and informed speeches.

NYC saw gorgeous spring weather on Thursday for the celebration of everything Irish. The warm and welcome sun brought out a lot of green. There were emerald ties with every suit, prolific shamrock buttons, giant Leprechaun hats, more than few lime colored wigs and even bagpipes (ok those were plaid).

My own quote: “I say we wear green every single day until we get legalization because marijuana is safer every day not just on St. Patrick’s Day.”

Doug Greene, Chris Goldstein, Professor Harry Levine, Dr. Julie Holland, Rev. Jay Goldstein – photo by Jim Bissell

The second annual St. Patrick’s Day press conference was inspired by the book Marijuana is Safer: So Why Are We Driving People to Drink? by Steve Fox, Paul Armentano and Mason Tvert.

4-20 Marijuana March Planned in Washington DC

Volunteer organizers from around the country will descend on the National Mall in Washington DC on 4/20/2011. The Overgrow The Government Rally is planning a protest march from the Washington Monument to Lafayette Park, directly across the street from the White House. Speeches and music will take place from 11:45AM until  5:00PM.

More information about the event here:  http://overgrowthegovt.com

We are looking for a photographer/writer to cover the event. Please contact chris[at]freedomisgreen.com

Big Week for East Coast Cannabis

Marijuana reform is on the move

5/14/2011 – As states on the East Coast move through the spring legislative season there has been significant progress on marijuana reform bills. This week saw major news that governors in Maryland and Delaware signed their medical cannabis bills into law after strong, bi-partisan votes of passage.

Delaware becomes the 16th state with a regulated medical cannabis program, one that has county-level dispensaries.  Maryland does not allow any legal method to obtain marijuana, but patients with serious conditions who get arrested can now offer a positive defense in court. Vermont’s bill is also expecting a signature soon.

Here are some important developments from the last 7 days:

Legislation Would Stop New York City Marijuana Arrests
http://www.freedomisgreen.com/legislation-would-stop-new-york-city-marijuana-arrests/

Medical marijuana in New Jersey gets more complicated
Second Committee Passes Marijuana Decrim in Connecticut
New Hampshire Tables Medical Marijuana Bill
Rhode Island Gov Caves to Fed, Stops Medical Marijuana Centers
Maine Marijuana Legalization Bill Could Go To Voters
Vermont Marijuana Dispensaries Almost Law, More States To Follow

Additional articles from Freedomisgreen.com category editors:

How To Talk to an Undercover Cop at a Marijuana Rally by Chris Goldstein

New Science Supports Cannabis for Pain Treatment by Jahan Marcu

A Mother’s Day Message from a Cannabis Legalizing Mom – by Diane Fornbacher

What I Learned at the 2011 National NORML Conference – by Beth Mann

CONTACT: Chris Goldstein chris[ at] freedomisgreen.com or 267 702 3731

Follow marijuana reform bills around the country in NORML’s Take Action Center – http://capwiz.com/norml2/issues/

A Brief History of Cannabinoid Research

Depiction of Cannabis use in Japan Photo: www.japanhemp.org/en/canjpn.htm

As early as 5,000 years ago Cannabis was noted for its effects on the central nervous system[1]. This often manifested in the form of pain relief, appetite stimulation, and sedation (Iverson 2000). Medicinal Cannabis preparations were widely used in western medicine during the 19th century. At the time it was no secret that pharmaceutical preparations of Cannabis were variable. As the active ingredient was not known, quality control was virtually impossible, and this is in part why the plant fell out of use.

During the Victorian era, many plants were extracted for their unique properties, namely alkaloids. These plant chemists were successful because the alkaloids they were targeting are water soluble organic bases that form crystalline solids when combined with acids. Among the medicinal compounds isolated in the 19th century were quinine, morphine, and cocaine. These were major advances in plant chemistry. The molecules on the cannabis plant, however, are almost completely insoluble in water. The chemical nature of cannabinoids prevented early Victorian scientists from making efficient extracts of these non-polar compounds. The active ingredient, THC, wasn’t isolated and identified until 1964.

Read more at the Philadelphia Medical Marijuana Examiner

[1] Evidence for the medicinal use of Cannabis goes back to the emperor Chen Nung (the father of Chinese agriculture), a discoverer of medicinal plants, and also taught his people how to cultivate grains. Chen Nung is believed to be the author of the oldest known Chinese pharmacopoeia, in which, he writes about the medical use of Cannabis for rheumatism, menstrual fatigue, malaria, constipation, and absentmindedness.

More articles here at freedomisgreen.com in Sensible Science Category.

Black Leaders Support New Marijuana Policies

Image from PhillyNORML

6/10/2011 – Rev. Jesse Jackson Sr. will deliver a keynote speech at a gathering of prominent black leaders who are calling for an end to criminal drug prohibition. The Institute of the Black World 21st Century (IBW) will meet at the National Press Club in Washington DC on June 17, 2011. The date marks 40 years since President Nixon signed an executive order starting the “War on Drugs.”

Top-level policy makers will be presenting at the event such as Congressman John Conyers Jr. (D-MI), Congressman Robert “Bobby” Scott (D-VA) and Dr. Elise Scott, the President of the Congressional Black Caucus Foundation. Some of the lecturers in the afternoon program are:  Deborah Small at Break the Chains, Neill Franklin at Law Enforcement Against Prohibition and Jasmine Tyler, the Deputy Director of National Affairs at the Drug Policy Alliance.

IBW President Dr. Ron Daniels,  spoke with Freedomigreen via telephone about why he is leading this effort to shift drug policy.

“We want to expand the conversation about the devastating effects of the war on drugs in general,” said Dr. Daniels. “We are acutely concerned on its impact in black communities across the country. Having this national forum and being involved with other groups is really trying to push for alternatives.”

How about legalizing marijuana?

“I think we need to put everything on the table. In New York City there have been over 50, 000 arrests for marijuana just in the last year. Once you are in the system there are records that can affect you. When you look at the damage that is done to people – they are not addicts – but they end up in jail with a mark they can’t erase from the record. It is really harming our people in an amazing way.”

Daniels added, “If there is a drug that could be legalized… marijuana is the least dangerous to people. I’m not advocating that people use drugs at all, even alcohol. But we need to take out the criminal aspect.”

There were 858,408 Americans are arrested for marijuana violations in 2009; more than for all other illegal drugs combined. There is a striking racial disparity to pot arrests in New YorkPhiladelphia and other cities. Well over 80% of the marijuana arrests in these urban settings are young black men.

More from the interview with Dr. Daniels will be posted next week.

Link: Institute of the Black World 21st Century (IBW)Declaring War on the “War on Drugs:” Creating Just and Humane Alternatives to a Failed Strategy

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]


A Moment for Betty Ford

“I am indebted to no man and only one woman, my dear wife, Betty, as I begin this very difficult job.” – Gerald Ford, 1976

Betty Ford is considered one of the most outspoken First Ladies in our history. Her candor and boldness may not seem as controversial now, but during her time in the White House, her views on women’s rights, gay rights, abortion, addiction and cancer were considered radical.

Her views on marijuana were considerably open for the time as well. According to Mrs. Ford, her young adult children probably had smoked marijuana — and if she were their age, she’d try it, too.

Here are a few quotes from an incredibly strong woman who has made an indelible imprint on our history:

I was an ordinary woman who was called onstage at an extraordinary time. I was no different once I became first lady than I had been before. But, through an accident of history, I had become interesting to people.

• I’ve learned a lot about myself. Most of it is all right. When I add up the pluses and subtract the minuses, I still come out pretty well.

• We were in a position where my husband had been sworn into office during a very, very difficult time. There had been so much cover-up during Watergate that we wanted to be sure there would be no cover-up in the Ford Administration. So rather than continue this traditional silence about breast cancer, we felt we had to be public.

• My makeup wasn’t smeared, I wasn’t disheveled, I behaved politely, and I never finished off a bottle, so how could I be alcoholic?

• [Martha Graham] shaped my whole life. She gave me the ability to stand up to all the things I had to go through, with much more courage than I would have had without her.

• [About becoming First Lady at Nixon’s resignation] I figured, okay, I’ll move to the White House, do the best I can, and if they don’t like it, they can kick me out. But they can’t make me be somebody I’m not.

• [About her husband’s appointment as Vice President in 1973] If I had known what was coming, I think I would have sat right down and cried.

When I say we've had an ideal marriage, I'm not just talking about physical attraction, which I can imagine can wear pretty thin if it's all a couple has built on. We've had that and a whole lot more.” – Betty Ford

Gerald Ford on the definition of a successful marriage:

“A successful marriage cannot thrive on simply a mutuality of interests, important as that ingredient is over the years for compatibility. There must be understanding, compassion and emotion which fits under the umbrella of love. A marriage that has these attributes can weather the storm clouds that are inevitable in an intimate relationship … There must be a belief on the part of both that there is nothing of a higher priority than the sanctity and continuation of the relationship.”

Betty on the secret of their successful marriage:

“You go into it, both of you, as a seventy-thirty proposition. In other words, here I’m giving seventy, he can give thirty, he’s giving seventy, I give thirty. When you’re going overboard trying to please each other, you can’t help but be happy.”

The search for human freedom can never be complete without freedom for women."

Blair Witch Actress turned Pot Grower

I love non-traditional life trajectories. Perhaps because I live one. And apparently, so does Heather Donahue, best known for 1999 horror film “The Blair Witch Project.” While the movie turned out to be a massive hit, it didn’t do much for Donahue’s acting career. She moved north of Hollywood, met a man named Judah at a meditation retreat (of course she did – oh California!) and tried her hand at growing marijuana.

An excerpt from Chicago Tribune interview:

A: “I went to a meditation retreat after burning all of my acting-related stuff in the desert, and I met this guy there who lived in this town that I had been to several years prior. He sat down next to me, invited me to a hot spring, invited me to his house in this town. And I said, ‘What do you do for work?’ Because that was really the hold-up for me moving there. I had no idea what people did for work. And he grew pot and I said, ‘Well, let’s check it out.’”

Q: Are you concerned that what you’ve written could be used by police to go after people you knew when growing pot?

A: “Everybody in the book is disguised. I think it would be quite hard to figure out who the people around me were. And I had at some point to make a decision. Do I want to participate in the conversation about this issue?

“Because I think prohibition does way more damage than the cannabis plant does, and I think it’s time that we look at that sensibly and with a little bit of humor. And I felt like I had a moral decision that I had to make. And yeah, I have to live with that and yes that gives me some sleepless nights.”

Read more.


Beth Mann is a popular blogger and writer for Open Salon and Salon. She is also an accomplished artist 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 be found surfing or singing karaoke at a local dive bar.

Contact: maryjane {at } freedomisgreen.com