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President Reagan meets Jonathan Magbie. At 27 years old, Jonathan would die on the floor of a Washington DC city jail. In 2004 he was arrested for smoking a marijuana blunt to ease the pain he endured as a quadriplegic. photo

6/17/2011 by Chris Goldstein – When President Nixon signed an Executive Order on June 17, 1971 it sent the United States down a costly path of prohibition. This misguided effort pits Americans against each other in a never-ending battle of biology, psychology and human nature. The result has been a nuclear reactor of violence and deadly addiction.

The “War on Drugs” is not a slogan. Ask any Police Officer. Ask anyone who lives in Trenton, Philadelphia or Camden. This is a pitched battle right in our streets and in our homes.  Thousands have lost their lives. Millions have gone to prison. Trillions of tax dollars have been spent at every level. There has never been a measurable result, only more victims.

I have seen many levels of this war in person. In high school my Quaker group helped tutor middle-school students in Camden. Spending time in the neighborhoods over the years brought the open air drug trade into quick focus. Then in the late 1990′s I was employed on a contract to test various housing projects in Philadelphia for lead paint. Armed with a computer pack and an x-ray gun we walked through thousands of occupied units in high rises and row homes. This is the no man’s land, communities that have been obliterated by the constant shelling.

For the last decade I have been working on marijuana law reform because it is the key to solving the drug war problem. Cannabis chalks up more arrests every year in the US than for all other drugs combined. The irony is that it was not supposed to be included under criminal prohibitions at all.

When President Nixon made that devastating order in 1971 marijuana was classified with drugs like cocaine as a temporary measure.  Nixon tapped a fellow Republican who had just stepped down as Pennsylvania governor to find out how cannabis should be treated. Raymond P. Shafer led The National Commission on Marihuana and Drug Abuse.

This team of sociologists, psychologists, physicians, lawmakers and policy experts toured the country to conduct careful research and observations. Shafer then led the effort to craft the strikingly candid final report: “Marihuana: A Signal of Misunderstanding.” The conclusion was that cannabis should not remain in the narcotic drugs scheme. The Commission went further, recommending that personal possession of cannabis – even transfer for no remuneration – should be decriminalized.

If President Nixon had followed that careful advice we would have never fought a war against marijuana. Instead we would have eventually regulated the cannabis markets for recreation and medication. Hemp farming would be a valuable part of our agricultural economy and sustainable products. But Nixon was not pleased with the Commissions’ assessments and chose to leave them out of policy.

The “War on Drugs” is not a slogan. It is fought with laws, bullets, money, prison cells and human beings. It is fought in front of us every day. And it can stop. A real truce is to begin treating serious drug addiction as a public health problem. In order to pay for that treatment and research we need to legalize marijuana.

But this also brings up the bigger picture: Ending marijuana prohibition and signing a final armistice for the drug war could swiftly jumpstart the national economy – at a time when we need it the most. The tremendous influx of tax revenue from cannabis is already being realized in some places through medical marijuana. This is where the missing jobs could be found, in the millions.

Ending the drug war is the most important social justice and economic policy change we need to make today. After 40 years of failure it is time to try something new.

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]

4/28/2011 – State Senator Daylin Leach (D-17) re-introduced Pennsylvania’s medical marijuana bill on April 25th. The issue has strong public support, Franklin & Marshall polling in 2010 showed that 80 percent of residents are in favor of a medical cannabis law.

Senator Leach issued this statement on Wednesday April 27th: “I’m happy to have re-introduced Senate Bill 1003 and am hopeful it will be brought up for consideration by the Legislature. It is a common-sense bill that would simply give sick people access to medication so they feel better. Countless studies show marijuana can alleviate the side effects of many diseases. It’s time we give Pennsylvanians access to the treatment they need and deserve.”

SB 1003 would legalize the use of cannabis for residents with serious medical conditions such as cancer, Multiple Sclerosis and HIV/AIDS. The bill includes provisions for a system of Compassion Centers, ID cards for patients, home cultivation and sales tax.

Senators Larry Farnese, James Ferlo and Wayne Fontana are the initial co-sponsors. The bill has been referred to the Senate Public Health and Welfare Committee. READ SB 1003

PA residents may contact their legislators via www.pa4mmj.org

Found this video while browsing through the lovely website, UK-based Dope-Smoker. (Take note of their clean, contemporary design. There are so many collegiate-looking weed sites out there bogged down with too much green and pot leaves – nice to see something more modern.)

On a lighter note, my picks for the very few holiday tunes that don’t want me want to impale myself with skewers:

12/5/2011 – New Jersey Governor Chris Christie and the entire New Jersey Legislature got a big green wake-up call from voters last week. A Rutgers-Eagleton poll found overwhelming support for medical marijuana (86%) and a majority (58%) strongly favoring the decriminalization of cannabis possession. So what is driving the continued groundswell for cannabis reform?

Freedomisgreen.com spoke with Rutgers Professor David Redlawsk, who managed the poll. Redlawsk said that the results for medical marijuana showcased unprecedented level of public support.

Asked if any other issue came close Redlawsk replied, “I don’t think we’ve run across anything that positive in any issue we have looked at… A recent example is that we’ve polled in the 70s [percent range] for what has been dubbed the ‘Millionaire’s Tax.’”

The New Jersey Compassionate Use Medical Marijuana Act was passed two years ago but the Christie Administration has not fully implemented the law. The program has been overburdened with strict regulations that are unique compared to other states like a 10% cap on THC, a physician registry and a questionable facility selection process. Not a single NJ patient has been allowed to register or gain legal protections. Many patients have already given up on the program and have turned to the underground market for relief.

A bill that would remove criminal penalties for adults in possession of 15 grams of marijuana or less was introduced this summer with a strong group of bi-partisan co-sponsors. But A4252 has yet to receive a committee hearing or a floor debate in Trenton.

Professor Redlawsk explained why the marijuana questions were posed to voters. “We are celebrating the 40^th anniversary of the Rutgers-Eagleton poll and we’re asking some of the original questions.”

An interesting coincidence is that the poll started in 1972, the same year that cannabis was locked into Schedule I of the Controlled Substances Act by the Nixon Administration.

Redlawsk explained that voters age 60+ have driven up the overall percentages for marijuana reform in 2011. “The reason we see an increase in support at all levels of this question is that older people are more supportive. Young people remain as supportive…almost as they always were.”

Politicians might want to take note (in bold and underlined) that senior voters have not changed their college-age views about cannabis.  Unfortunately it also highlights that elected officials at the state and federal level have ignored the will of the people throughout modern cannabis prohibition.

The Rutgers poll is the second time in three years that voters have polled 86% in favor of medical marijuana. Again, the most popular public policy issue in the state.

Action link- NJ residents can send emails supporting decrim bill A4252 online http://capwiz.com/norml2/issues/alert/?alertid=50985736

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]

Writer with partner in crime Vicki, in front of Madison Square Garden before concert.

Back in the day, you smoked pot. Or really crappy homegrown. Or maybe even oregano. You felt high anyway, not knowing any better.

Back in the day, the weed was often dry and crispy, with sticks and seeds and all sort of shit in it. Maybe even an occasional spider’s nest. Not all boutique-y, the way it is now.

Back in the day, when you finally got your hands on good pot, your impressionable young brain got a little too high. Suddenly you were practically tripping – floors melting, spaceships flying, small bald men speaking in a hurried whisper – the works. Friends had to be talked down. Occasionally slapped in the face.

Back in the day, when you kept the joint for too long, it was called “bogarting.” (Was Humphrey Bogart known for hogging a joint? “Pass it again, Sam.”) We also called it “head smoking.” Like “Stop head smoking that, man. Pass it.” This could be applied to drinking the entire 7-Eleven Big Gulp (which was referred to as “head gulping”).

Back in the day, smoking weed the traditional way wasn’t enough; you had to kick it up a notch sometimes by giving your friends a California shotgun. Three people were required: one friend would blow a ton of smoke in your mouth and another would pick you in a Heimlich-type position and hold you there for a good, long while, while you held your breath. Once you were released, you would fall or pass out and we’d laugh. Brain damage may have occurred.

Back in the day, you smoked pot before high school to make it more palatable. But paranoia would creep in and you were sure every teacher was going to bust you. Sometimes they did bust you and you had to leave school, where you’d go to the woods and hang out with the other busted stoned kids.

Back in the day, you were part of the “burn out” crowd and that wasn’t so bad. It was better than being a nerd or a jock. You wore flannel shirts and your hair hung over your eyes. You mumbled a lot.

Back in the day, you heard Pink Floyd for the first time and thought “Finally, someone understands me.” It was also the perfect trippy music to listen to while high.

Back in the day, you were forced to smoke “sick weed” for two years, guaranteed to give you a headache. That’s all the dealer had and it was a small town. (Of course, not smoking it wasn’t an option.)

Back in the day, you wore a roach clip in your hair, with multi-colored feathers hanging from it. Practical and fashionable. (Secretly, you wish they’d come back in style – you’d so wear one.)

Back in the day, a friend’s mom decides she wants to try just a little of your weed. She asks for a “remnant” instead of a “roach” which sends you and your friend into a fit of laughter and will for years to come. A remnant. Ha…

Back in the day, you could get a joint for a dollar. Sure, it was probably a pinner. But a good deal nonetheless.  The pre-rolled aspect was handy as well.

Back in the day, you smoked pot in a circle with your friends where everyone would laugh convulsively over practically nothing. The type of laughter where you struggled to breathe. Good, painful laughter. You miss that most of all.

Vicky and I laughing about nothing in particular, circa a long time ago.

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

6/21/2011 Update 1:45PM ET – The medical marijuana program in Maine is set to become easier to utilize by seriously ill individuals. The Maine legislature passed LD 1296 on June 16th after hearing extensive testimony from patients and advocates. Governor LePage is expected to sign the measure into law. The new procedures could offer the most privacy protections for patients compared to any other US state.

LD 1296 was passed with the intention of shielding Maine residents using medical marijuana from undue interference. The bill is sponsored by Republican Rep. Deborah Sanderson and some of the changes include:

– Making the patient registry voluntary
– Increasing the amount patients my possess to from 2.5 to 10 ounces.*
– Allows physicians to recommend marijuana for any ailment he or she believes will benefit from marijuana therapy
– Stops counties or municipalities from creating local regulations more strict than the state law

National NORML’s Deputy Director Paul Armentano, a medical marijuana policy expert, commented, “At the same time when lawmakers in many other states are enacting impossibly restrictive measures, Maine lawmakers have elected to instead significantly open patients’ access to medical marijuana under the law.”

Maine voters approved the compassionate use law on a ballot measure in 1999. The model followed a plan for small-plot cultivation by patients and caregivers. A decade later voters went to the polls again and expanded the law to include medical cannabis dispensaries.

Jonathan Leavitt who represents medical marijuana interests under the Medical Marijuana Caregivers of Maine trade association spoke with freedomisgreen.com today.

“We are glad that the Maine legislature worked with us to return the law closer to the original initiative’s language,” said Leavitt as he waited for the governor’s signature. “This gets the state out of the business of a patient’s health and puts it back in the hands of those patients and their physicians here in Maine.”

Below is the full executive summary*. The long list includes many details that are outlined in a state law for the first time.

SUMMARY
This bill amends the Maine Medical Use of Marijuana Act to protect patient privacy. The bill provides for expanded access and optional registration under the Act. The bill does the following:
1. It allows a physician to determine whether a condition requires the use of medical marijuana.
2. It amends the definition of “enclosed, locked facility.”
3. It defines “mature marijuana plant.”
4. It clarifies the definition of “qualifying patient” and removes the requirement of registration for certain authorized conduct of the patient.
5. It creates a definition for “primary caregiver.”
6. It allows patients who cultivate their own marijuana to possess, beyond 6 mature marijuana plants, other marijuana plants in various stages of cultivation or processing.
7. It allows a primary caregiver to possess, beyond 6 mature marijuana plants for each of 5 qualifying patients of the caregiver, other marijuana plants in various stages of cultivation or processing.
8. It requires the use of an enclosed, locked facility only if marijuana is grown for 3 or more qualifying patients.
9. It allows a primary caregiver to sell excess marijuana to a marijuana dispensary and for dispensaries to contract out marijuana cultivation.
10. It removes the requirement that a patient who cultivates marijuana plants keep the plants in an enclosed, locked facility.
11. It removes the registration requirements for a hospice provider or nursing facility named as a patient’s primary caregiver.
12. It removes the registration requirements for visiting qualifying patients.
13. It clarifies that a person may not be subject to arrest or prosecution for engaging in conduct authorized by the Maine Medical Use of Marijuana Act.
14. It prohibits a law enforcement officer, law enforcement department, state agency or employee of the State from seizing or possessing marijuana in the lawful possession of a qualifying patient, primary caregiver or dispensary.
15. It allows a business owner to prohibit smoking medical marijuana on the business’s premises.
16. It allows a sliding scale registration fee based upon a patient’s status as a veteran of the Armed Forces of the United States.
17. It removes the registration requirement that the Commissioner of Health and Human Services approve the registration application.
18. It removes the requirement that registration cards contain an applicant’s address and date of birth.
19. It clarifies that possession of a written certification from a physician prescribing use of medical marijuana cannot be used as evidence of unlawful conduct or be the basis for a search of the patient.
20. It requires that the records of a patient no longer registered as a medical marijuana user be purged and requires that the patient be notified of the purge of information.
21. It removes the requirement of listing the nature of the debilitating conditions of registered patients in the annual report of the registration process by the Department of Health and Human Services to the Legislature.
22. It clarifies that registration is voluntary and failure to register does not affect the authorized conduct for a qualifying patient or primary caregiver.
23. It allows for a civil penalty for a person making a fraudulent representation relating to the possession or medical use of marijuana under the Maine Medical Use of Marijuana Act.
24. It allows a marijuana dispensary to obtain and possess up to 5 ounces of marijuana for each patient of the dispensary.
25. It removes the registration requirement of listing the name, address and date of birth for each principal officer, board member and employee of a marijuana dispensary or issuing registration cards to those individuals.
26. It provides for immunity for marijuana dispensaries and their principal officers, board members and employees.
27. It prohibits a political subdivision of the State from enacting any law or ordinance concerning use of medical marijuana other than reasonable rules concerning the locations of marijuana dispensaries.
28. It requires the Department of Health and Human Services to amend rules to retain at least 8 marijuana dispensaries throughout the State.
29. It requires a written certification by a physician recommending use of medical marijuana to be written on tamper-resistant paper.
30. It allows a primary caregiver to assist a qualifying patient in the preparation of marijuana.
31. It exempts from the definition of “food establishment” a primary caregiver who prepares medical marijuana for use by a qualifying patient who is a family or household member of the primary caregiver.
32. It requires a designation of a primary caregiver from a qualifying patient to be in a written document signed and dated by the qualifying patient.
33. It requires a physician to advise a patient of the risks and benefits of the use of medical marijuana and that the patient may benefit from the use of medical marijuana prior to issuing a certification prescribing the use of medical marijuana.
34. It allows a patient to grow marijuana for personal use and designate a primary caregiver or registered dispensary.
35. It allows a court to permit the use of medical marijuana while imposing conditions of a criminal sentence, bail, probation, continuance or other dispositional order.
36. It includes dispensing in conduct allowed by a registered dispensary.
37. It requires a registered dispensary to display its certificate issued by the Department of Health and Human Services in a publicly visible location in the dispensary.
38. It clarifies that physicians are protected for conduct authorized by the Maine Medical Use of Marijuana Act.
39. It requires a qualifying patient or primary caregiver to provide, upon request by a law enforcement officer, official proof of identification and the original copy of the physician’s certification or qualifying patient’s designation of primary caregiver.
40. It requires the Department of Health and Human Services to maintain a log of requests to view registration information, including the name and agency of the requestor, and allows a person whose information is subject to an information request to copy or receive copies of portions of the log relating to that request.

Grassroots link: http://mmcmonline.org/

*Our original post linked to an out of date summary – this is the current summary

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]

9/26/2012 – Representative Diane Russell (D-Portland), who introduced legislation to fully legalize marijuana in the state of Maine, is running for Speaker of the House.

The Speaker is elected by the majority party caucus followed by confirmation of the full House through the passage of a House Resolution. In addition to presiding over the body, the Speaker is also the chief leadership position, and controls the flow of legislation and committee assignments.

Russell has been a consistent champion for cannabis reform issues, working to win privacy protections for medical marijuana patients and sponsoring a bill to regulate all uses of cannabis.

Hearings were held in June 2011 on LD1453 “An Act to Legalize and Tax Marijuana” before the Maine House Criminal Justice Committee. Although the committee stopped the bill, Russell already has plans to re-introduce it. Similar laws are going directly before voters in Colorado, Oregon and Washington.  If any of them pass this November it would give significant traction to marijuana reform in states that do not have a direct ballot process.

While only Maine residents can sign on to a letter supporting Russell for Speaker, anyone can donate to assist her run.

An effective political strategy for pro-marijuana citizens is to make a donation to candidates with a strong record on the issues. Getting like-minded politicians elected to office is the first step.  The more state legislators and federal elected officials who include marijuana reform into their agenda and hold power-positions in government bodes well for us all.

Everyone should vote. Yet the local choices are often narrow. Consider punking a few of the SuperPACs by making some individual political donations non-local and pro-pot.

Find out more about Rep. Diane Russell’s House Speaker run here. Make a donation 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]

7/12/2011 – During an hour-long public radio program Cumberland County District Attorney David Freed said that the Pennsylvania DA’s Association is taking no position on the medical marijuana bill. Freed explained the stance on WITF’s Radio Smart Talk , “I don’t think any prosecutor I know would want to prevent a terminally ill person from alleviating [their] suffering.”

Freedomisgreen Editor Chris Goldstein was the proponent guest representing Pennsylvanians for Medical Marijuana and PhillyNORML.

Later in the program Freed reinforced the position, “I don’t think that medical marijuana is necessarily a law enforcement issue. I think that advocates like Chris need to go to the Legislature and what happens there …happens.”

SB1003/HB 1653, The Governor Raymond P. Shaffer Compassionate Use Medical Marijuana Act, is waiting for committee votes in both houses. The bill was re-named this year to honor the former Republican governor who asked President Nixon to remove marijuana from the Controlled Substances Act in 1972.

In a rare, comprehensive discussion the Radio Smart Talk program covered medical marijuana, decriminalization and full legalization. Questions from the callers ran the gamut from supporting reform measures to blaming the Greek economic crisis on weed.

Listen to Radio Smart Talk July 8, 2011

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]

In a classic case of “you can’t win for losing”, protesters in attempting to aid Barbara Agro’s court case are now being blamed actually doing more harm than good. Their interactions with jury members was seen as tampering.

The 70-year-old woman is a registered medical marijuana patient and caregiver charged with one count of delivery/manufacture of marijuana and may serve up to four years in prison.

This case also exemplifies an increasing trend where the defendant is not able to use the defense of being a patient or a caregiver to support their case.

Jerome Sabbota said jurors in the recent case of Barbara Agro – charged with one count of delivery/manufacture of marijuana, a four-year felony – were approached by the protesters as they walked back into the courthouse.

“The judge then brought each juror in after and said, ‘Are you going to follow the law?’” said Sabbota.

“The court felt (the protest) was jury tampering.  In the end, that hurt Barb.”

Oakland County Prosecutor Jessica Cooper said there was an attempt to influence the jury.  Some protesters handed a statement to jurors.

“Were they able to do (influence the jury)? Apparently not,” said Cooper.  “This is a very serious crime and apparently (those tampering ) have been identified on video.”

Cooper said “hi-jinks” such as this are not being attempted by “people who are obeying the law.”

Agro was convicted on June 8.  She could receive up to four years in jail, Sabbota said.

Agro, a former Lake Orion police dispatcher, worked as a receptionist at a medical marijuana dispensary in Ferndale called Clinical Relief.  When the facility was raided on Aug.  25, 2010, Agro told deputies that she had marijuana plants growing at her home in Lake Orion.  Deputies searched the house and found 19 marijuana plants and other items.

Agro is a registered medical marijuana patient and caregiver.  In a previous ruling, Oakland Circuit Judge Wendy Potts granted a motion from prosecutors seeking to preclude Agro from referencing the Michigan Medical Marijuana Act during the trial.

“Barb believes the truth did not really come out,” said Sabbota.  “There was no reason the jury couldn’t have been told that (she was a patient and caregiver ).”

Read more.

5/26/2011 – State Senator Pat Vance (R-31) chairs the Public Health and Welfare Committee where the medical marijuana bill, SB 1003, has been assigned.  And the bill may be staying right there. Senator Vance’s Chief of Staff, Amy Bolze, said that there is currently no intention to scheduling any public hearings. Further, she stated that there is no intention to bring the bill before the committee for a vote.

This leaves SB 1003 in a state of suspended animation, where it could remain for the entire legislative session.

Senator Daylin Leach, the main sponsor of SB 1003, described it as “… a common-sense bill that would simply give sick people access to medication so they feel better.”

When the bill was introduced in April Leach said, ”Countless studies show marijuana can alleviate the side effects of many diseases. It’s time we give Pennsylvanians access to the treatment they need and deserve.”

Two hearings were held before the House Health and Human Services Committee in 2009 and 2010. Senator Vance has stated that she felt those hearings had garnered enough public comment regarding the issue.

During those House hearings most of the testimony favored passage of a medical cannabis law. Doctors, religious leaders, medical experts and seriously ill residents made a compelling case for the bill.

Dr. Harry Swidler, an Emergency Medicine physician testified: “Marijuana is non-addicting. There is no physical dependence or physical withdrawal associated with its use. It is, from a practical standpoint, non-toxic. Marijuana is safer by some measures than any other drug. There is simply no known quantity of marijuana capable of killing a person.”

A Franklin & Marshall poll in 2010 indicated that 81 percent of Pennsylvania residents support having legalized access to marijuana for qualifying residents. Over 40 percent of the respondents in that poll described themselves as “conservative.”

There have been no Republican co-sponsors to the medical marijuana bill in either the Senate or the House, despite the notably strong support among voters.

Bolze said that Senator Vance’s office does receive regular communications via phone and email from residents who support the bill. But it seems unlikely that Vance will consider the issue before the Health and Welfare Committee unless her peers in the Senate show more interest.

Representative Mark B. Cohen originally introduced the medical marijuana bill to the Pennsylvania General Assembly. Cohen’s office reported today that a co-sponsorship memorandum has been released. The bill is expected to be re-introduced in the House this summer.

Follow PA medical marijuana at www.pa4mmj.org

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]