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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]

On Tuesday May 10, 2011 the first committee hearing will be held in Maine for LD 1453, legislation that takes a comprehensive approach to legalizing cannabis. Rep. Diane Russell is sponsoring the bill that would tax and regulate recreational marijuana, expand provisions for medical care givers along with lifting all restrictions on industrial hemp farming. Local awareness for the measure is steadily growing and media attention has been strong. An online petition has seen hundreds of Maine residents voice their active support.

One particularly effective speaker who is planning to testify in favor of the bill is Jack Cole, the founder of Law Enforcement Against Prohibition (LEAP). He is a former undercover narcotics agent who now speaks about ending prohibition, especially for marijuana.

Cole sent this message to Rep. Russell today “I bear witness to the abject failure of the U.S. war on drugs and to the horrors produced by its unintended consequences.I really appreciate your courageous stand in introducing this bill. It will help countless people. I am honored to be asked to testify.”

Maine already has a medical marijuana law and the state also decriminalized adult cannabis possession. Rep. Russell says there ha been more curiosity about the concept than opposition, “EVERYONE is talking about it in the state house.”

LD 1453 will be heard by the Criminal Justice Committee at 1:00PM on May 10th.

Support the effort in Maine with this online petition:  http://signon.org/sign/support-mj-legalization

Full text of the new bill here: http://www.mainelegislature.org/legis/bills/bills_125th/billtexts/HP106701.asp

5/9/13 by Chris Goldstein – Advocates working to legalize marijuana are keeping a busy schedule in the Philly area with a series of public events.

On May 7th the NORML Women’s Alliance held a vigil at the historic Betsy Ross House in a memorial tribute to Rachel Hoffman and victims of Prohibition.

After an arrest in Florida for marijuana Hoffman was recruited as a police informant, a role that led to her murder.

The group of about two dozen activists, almost all women, solemnly read the names of those who have suffered tragically under prohibition policy including prisoners currently behind bars in America’s war on marijuana consumers.

Vanessa Waltz helped to organize the event; “The mood was very reflective and somber;  these were people who were killed in botched police raids or because they felt they had to be police informants,” Waltz added; “I hope everyone realizes that there are people in prison, for life, because of non-violent marijuana offenses.”

On Saturday May 11th PhillyNORML will hold the annual Global Cannabis March on South Street. The long-running event (over a decade) attracts hundreds of participants for a 4:20PM walk from Broad Street to the Front Street pedestrian bridge.

“Cannabis prohibition costs the Commonwealth more than three-hundred million tax-payer dollars every year for about twenty-four thousand arrests,” said Philly NORML Executive Director Kevin Clough.

“This march shows how sick and tired people are of closing schools, building prisons and wasting money on marijuana prohibition.”

 

Then the following week, on Saturday May 18th, PhillyNORML and comedy/activism crew The Panic Hour will be back on Independence Mall for their monthly “Smoke Down Prohibition” protest. During the last outing, hundreds lit joints in open civil disobedience to call for cannabis legalization on a sunny 4/20/13.

 

Pennsylvania has two pieces of marijuana reform legislation currently active in Harrisburg. The Governor Shafer Compassionate Use Act HB1181/SB770 would allow for seriously ill patients to access a state medical marijuana system. The bill is different than New Jersey’s ineffective law because it also allows for patients and caregivers to cultivate at home.

Informational hearings were held for the medical access bill in the PA House during the 2010 and 2011 sessions but the Public Health Committee never held a vote. It is currently assigned to the same committee chaired by Republican Rep. Matthew Baker, who is an opponent of the measure.

Several polls by Franklin&Marshall put public support for a local cannabis program above 80% (impressive for any issue ) making it one of the most popular policy issues in PA politics.

 

A separate bill has been introduced to create a taxed and regulated system to sell recreational marijuana to adults. SB 528 is currently assigned to the Senate Law and Justice Committee chaired by Senator Charles McIlhinney, a Republican who has not offered a position on the bill. The same committee is currently (and not without irony) embroiled in the issue of privatizing PA’s state-run liquor stores.

The primary sponsors of both cannabis bills are Mark Cohen in the House and Daylin Leach in the Senate.

Yet the legislation is Harrisburg seems stalled. The respective committees (namely their chairperson) will need to offer the bills for hearings to move them forward. The Republican majority caucus of the PA General Assembly seems unwilling to take a break from their heavy investment into alcohol and consider the benefits of something far safer.

Still, the overwhelming super-majority of Pennsylvanians (in both parties) support some level of change … so the spring of 2013 seems to be the right time for this surge of public participation to have some measurable impact on politicians.

FB Event – Philly March 5/11:    https://www.facebook.com/events/136148226571083/

FB Event – Smoke Down Prohibition protest 5/18   https://www.facebook.com/events/455712674507072

10/23/2012 by Chris Goldstein –  NJ Medicinal Marijuana Program (MMP) Director John O’Brien responded to questions from freedomisgreen.com and clarified some details about access. Last week the New Jersey Department of Health (DOH) announced that Greenleaf Compassion Center in Montclair is now the only Alternative Treatment Center fully permitted to dispense cannabis in the Garden State. Registered patients also started to receive ID cards (see photo).

Medicinal Marijuana Program Questions

1-[FiG] – How do registered patients and caregivers obtain their ID cards? [re:physical cards]

• [O’Brien] – DOH originally engaged the Alternative Treatment Centers with the prospect of being the centralized distribution point for ID card delivery.  At that time, the ATCs showed interest in being distributors.  However during a recent progress meeting, Greenleaf representatives expressed concerns regarding security at their Montclair dispensary related to ID card distribution.  The department developed an alternative approach using the mail.  The identification cards are being mailed to the patient and caregiver residences through the mail.  All caregivers and patients who had previously registered will have their cards dated effective Oct. 15—the date Greenleaf was issued its permit. The identification cards are good for two years.

2- [FiG] -How many patients and caregivers have completed the registration process to receive an ID card?

• [O’Brien] -As of close of business on Friday 10/19/12, there are 223 approved patients, 49 patients under review (the review process involves the validation of a patients submitted documents, proof of residency, photo ID, picture and government assistance if applicable) and 82 patients with physician authorization but have not initiated their registration.  The number of potential patients is 354.  There are 16 approved caregivers and 23 caregivers under review for a total of 39 potential caregivers.  Our customer service unit has contacted and is working with each applicant to ensure a timely and successful registration process.

3- [FiG] – Has DOH check[ed] through the list of registered physicians to confirm their participation in the MMP?

• [O’Brien] – DOH conducts a routine confirmation of registered physician status with the BME for license in good standing and a valid CDS registration.  To date there are 176 physicians registered with the program.  37 have requested to be inactivated.  72 physicians are actively authoring Attending Physician Statement for their patients.

4- [FiG] -Has DOH, MMP or the NJ Board of Medical Examiners sent instructions, information or offered presentations on how to utilize cannabis therapy and/or participate in the MMP? [specifically to physicians]

• [O’Brien] -The MMP has been in contact with registered physicians and patients via email and phone providing guidance on MMP procedures.  The MMP also provides information on our web site.  The MMP has engaged the Drug Policy Alliance in the development of a resource library of scholarly articles geared toward providing physicians and patient’s information on the use of medical marijuana.  The MMP has also partnered with the Medical Society of New Jersey in preparing and hosting a webinar to educate the states physician population on issues related to the MMP.  Both of these initiatives are in process.

The Compassionate Use Medical Marijuana Act of New Jersey was signed into law in January 2010. The Medicinal Marijuana Program was created under DOH in 2011 and John H. O’Brien was hired as Director. Some have been put off by his previous job; 26 years with the NJ State Police. But O’Brien has shown earnest commitment to getting the very limited NJ program running for patients.

The fact that O’Brien responded directly to questions via email, rather than NJDOH communication staff, does indicate a more open dialogue between the MMP and the public.

NJ MMP website: http://www.state.nj.us/health/medicalmarijuana/index.shtml

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]

Each year PhillyNORML, the local chapter of the National Organization for the Reform of Marijuana Laws, looks at the marijuana arrest data for the city. The information comes directly from the Pennsylvania Uniform Crime Reporting System.

Here are the numbers for 2009, the most recent data available:

There were 6, 402 marijuana related arrests by Philadelphia City Police in 2009. These were stand-alone violations not in conjunction with other crime.

4, 656 were adults arrested for simple possession of less than 30 grams of marijuana.

Of the adults arrested for simple marijuana possession more than 75% were 18-29 years old (3,129) and 91% were men (4,251).

The trend of white women being the group who have the least amount of annual possession arrests was true again with just 104 all year; less than 10 per month.

Black women were three times more likely to be arrested than white women, with 300 women taken into custody in 2009 for marijuana possession less than 30 grams.

Overall, black residents were four times more likely to arrested for pot than white residents. For all marijuana violations, African Americans comprised 80% of those arrested in Philadelphia, a total of 5,158 adults.

To put this into perspective there were 10,661 African American residents arrested in all of Pennsylvania for marijuana violations during 2009. Thus, Philadelphia city police are performing about half of the annual statewide arrests of black people for marijuana.

Earlier this year District Attorney Seth Williams created a new diversion court for minor marijuana offenses. Instead of criminal prosecution offenders now pay a $200 fine.

While this alleviated the court burden of marijuana violations it does not address the arrests.

11/26/12 by Chris Goldstein – Pennsylvania maintains a crime reporting database that is almost unique in the United States for the excellent level of “sunshine.”  At PhillyNORML we’ve been analyzing the marijuana arrest data for many years.  Unlike other states – we can access detailed information about the marijuana arrests in every county or even down to individual precincts in a city.

First, the hard numbers for 2011, the most recent year that full data is available.

Pennsylvania:

Code 18F Drug Possession Marijuana Total Adults =   17,542

Total Juveniles =   2,995

PA 2011 Marijuana possession arrests            TOTAL = 20,537

Code 18B Drug Sale/Manufacture Marijuana Total Adults = 5,115

Total Juveniles =    480

PA 2011 Marijuana Sale/Manufacture Arrests TOTAL  = 3,475

2011 Total marijuana arrests in Pennsylvania = 26,132

There was some interesting trending by age: 18-21 year-olds were most-arrested; accounting for almost half of all adult possession arrests. Overall 18-34 year-olds accounted for more than 85% of arrests in PA demonstrating that enforcement of marijuana prohibition falls largely on the shoulders of younger residents.

Although women self-report marijuana smoking at rates somewhat less than men, gender was a major factor in the arrest data. Men comprised almost 90% of marijuana possession arrests in PA. White women were the least arrested category in all ages and regions of Pennsylvania.

Philly Cops Love Weed (arrests)

Philadelphia has the largest concentration of pot arrests each year with some notable trends that break with the rest of the state.

First the numbers:

Philadelphia:

Code 18F Drug Possession Marijuana   Total Adults =   4,226

Total Juveniles =   605

PHILLY – 2011 Marijuana possession arrests            TOTAL = 4,831

Code 18B Drug Sale/Manufacture Marijuana Total Adults = 2,177

Total Juveniles =   187

PA 2011 Marijuana Sale/Manufacture Arrests TOTAL  = 2,364

2011 Total marijuana arrests in Philadelphia = 6,895

Philadelphia created the Small Amount of Marijuana (SAM) program in 2010 so that about 85% of these arrests are now diverted out of criminal court.  Still, Philadelphia is the only county or municipality in PA that requires a mandatory custodial arrest for any amount of pot. That means police in Philly must put marijuana offenders in handcuffs for a joint – but other PA police can write a Summary Violation to avoid the physical arrest.

The ethnic/racial disparity to Philadelphia marijuana arrests is the most noticeable trend. Of the 4,226 adult possession arrests 698 were white, 393 Hispanic and 3,495 black.

All available data shows that white and black people smoke marijuana at nearly equal rates.

The next largest area in Pennsylvania, the Pittsburgh Metro Area , saw 3,059 adult marijuana possession arrests in 2011: 1,897 white and 1,148 black.

It is unclear as to why Philadelphia maintains a uniquely harsh policy for marijuana. The custodial arrest practice for even a joint may be costing the city more than $3 million per year out of the Public Safety budget.

The Pennsylvania General Assembly could take the pragmatic step of simply decriminalizing adult cannabis possession. This would get rid of the harsh and racially disparate enforcement in Philadelphia and save tens of millions of tax dollars across the Commonwealth.

Voters in Washington and Colorado authorized legalizing and regulating recreational marijuana, making the continued arrest of large numbers of East Coast cannabis consumers even more senseless.

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]