Official White House Response to Legalize and Regulate Marijuana in a Manner Similar to Alcohol

Official White House Response to Legalize and Regulate Marijuana in a Manner Similar to Alcohol. and 7 other petitions

What We Have to Say About Legalizing Marijuana

By Gil Kerlikowske

When the President took office, he directed all of his policymakers to develop policies based on science and research, not ideology or politics. So our concern about marijuana is based on what the science tells us about the drug's effects.

According to scientists at the National Institutes of Health- the world's largest source of drug abuse research - marijuana use is associated with addiction, respiratory disease, and cognitive impairment. We know from an array of treatment admission information and Federal data that marijuana use is a significant source for voluntary drug treatment admissions and visits to emergency rooms. Studies also reveal that marijuana potency has almost tripled over the past 20 years, raising serious concerns about what this means for public health – especially among young people who use the drug because research shows their brains continue to develop well into their 20's. Simply put, it is not a benign drug.

Like many, we are interested in the potential marijuana may have in providing relief to individuals diagnosed with certain serious illnesses. That is why we ardently support ongoing research into determining what components of the marijuana plant can be used as medicine. To date, however, neither the FDA nor the Institute of Medicine have found smoked marijuana to meet the modern standard for safe or effective medicine for any condition.

As a former police chief, I recognize we are not going to arrest our way out of the problem. We also recognize that legalizing marijuana would not provide the answer to any of the health, social, youth education, criminal justice, and community quality of life challenges associated with drug use.

That is why the President's National Drug Control Strategy is balanced and comprehensive, emphasizing prevention and treatment while at the same time supporting innovative law enforcement efforts that protect public safety and disrupt the supply of drugs entering our communities. Preventing drug use is the most cost-effective way to reduce drug use and its consequences in America. And, as we've seen in our work through community coalitions across the country, this approach works in making communities healthier and safer. We're also focused on expanding access to drug treatment for addicts. Treatment works. In fact, millions of Americans are in successful recovery for drug and alcoholism today. And through our work with innovative drug courts across the Nation, we are improving our criminal justice system to divert non-violent offenders into treatment.

Our commitment to a balanced approach to drug control is real. This last fiscal year alone, the Federal Government spent over $10 billion on drug education and treatment programs compared to just over $9 billion on drug related law enforcement in the U.S.

Thank you for making your voice heard. I encourage you to take a moment to read about the President's approach to drug control to learn more.

Resources:

• National Institutes of Health, National Institute on Drug Abuse (NIDA)
• Marijuana Facts (ONDCP)
• Drug Abuse Warning Network (HHS)
• Treatment Episode Data Set (HHS)
• National Survey on Drug Use and Health (HHS)
• Monitoring the Future Survey, University of Michigan

Gil Kerlikowske is Director of the Office of National Drug Control Policy

Ending Marijuana Prohibition in 2013

Rob Kampia

Executive director, Marijuana Policy Project

 

Unless people have been hiding under a rock this past couple months, they know that more than 55 percent of voters in Colorado and Washington legalized marijuana on November 6. As a result, many people have grand expectations of how we're going to get closer to ending marijuana prohibition in the U.S. this year.

Here is what I think we can reasonably accomplish by the end of 2013:

1. Decriminalize Marijuana in Vermont: Gov. Pete Shumlin (D), a strong supporter of decriminalizing marijuana, partially campaigned on the issue and easily won re-election on November 6 with 58% of the vote. The Vermont Llegislature is poised to pass the bill he wants, so this legislation could become law by this summer.

2. Legalize Medical Marijuana in New Hampshire: Incoming Gov. Maggie Hassan (D) is a strong supporter of medical marijuana, so we expect her to sign a medical marijuana bill similar to those vetoed by former Gov. John Lynch (D) in 2009 and 2012.

3. Build Support for Legalization in the Rhode Island Legislature: We successfully legalized medical marijuana and decriminalized marijuana possession in Rhode Island in 2009 and 2012, respectively. There is now considerable momentum to tax and regulate (T&R) marijuana like alcohol, so we need to ensure that Rhode Island's state legislature becomes the first to do so.

4. Increase Support for Legalization in California, Maine, and Oregon: There will be a sincere effort to pass T&R bills through the legislatures in these three states. Should they fall short, MPP and its allies will pursue statewide ballot initiatives in November 2016, at which time all three will be expected to pass.

5. Build Our Base of Support Online: People have said that the Internet is marijuana legalization's best friend, and this could not have been more evident than it was last year. Campaigns mobilized their supporters, organizations raised funds, and the public was able to follow the progress in real time. Prohibitionists, who have depended on the government for its largess for years, are now at a disadvantage. Private citizens simply do not want to donate to them, and most information about marijuana is now reaching the public without being run through their filter.

6. Continue the Steady Drumbeat in the Media: National and local media outlets are covering the marijuana issue more than ever before. Communicating to voters through news coverage is the most cost-efficient way to increase public support for ending marijuana prohibition, so we need to keep the issue in the spotlight.

7. Build Support for Medical Marijuana in Congress: There are already approximately 185 members of the U.S. House who want to stop the U.S. Justice Department from spending taxpayer money on raiding medical marijuana businesses in the 18 states (and DC) where medical marijuana is legal. We want to reach 218 votes on this amendment, thereby ensuring the amendment's transfer to the U.S. Senate for an up-or-down vote.

8. Build Support for Ending Marijuana Prohibition in Congress: Last year, the first-ever bill to end the federal government's prohibition of marijuana attracted 21 sponsors. Our goal is to expand the number of sponsors to more than two-dozen during the 2013-2014 election season.

Looking outside our borders, we're also seeing progress in Colombia, Uruguay, and Chile, which have all been steadily moving away from marijuana prohibition. Although this is good news, most members of the U.S. Congress do not care much about what South American countries think on marijuana policy, so we should temper the wonderful developments south of the U.S. border with limited expectations of what will happen in our nation's capital.

Ultimately, the U.S. is the primary exporter of prohibition around the world. If we can solve the problem here, the rest of the world will have far more freedom to conduct their own experiments with regulating marijuana.

FOLLOW POLITICS

Ode to the Hemp

A PRAYER TO OUR CREATOR

WE COME TOGETHER TODAY TO PRAISE YOUR ALMIGHTY
GIFTS TO US...

YOU HAVE GIVEN US LIGHT FOR WARMTH,
MEADOWS OF FRESH FLOWERS,
AND HERBS,TO KEEP UP HEALTHY,
YOU GAVE US DARK TO SLEEP AND TO REST OUR
WEARY HEARTS AND MINDS FOR ANOTHER DAY,
YOU GAVE US BROTHERS AND SISTERS TO LOVE US,
AND CHILDREN TO CARRY ON OUR NEVER-ENDING
ENDEAVORS - TO CARRY OUT YOUR WILL ,
AS WE KNOW WE WILL NEVER ACCOMPLISH
THIS ALONE.

YOU GIVE US INTELLIGENCE TO BE ABLE TO
SEPARATE THE GOOD FROM THE EVIL,
DEAR FATHER IN HEAVEN,
GIVE US THIS DAY, OUR DAILY BREAD,
AND FORGIVE US OUR SINS,
AS WE FORGIVE ALL OTHERS,

AND

GIVE US THE STRENGTH, TO CARRY ON,
TO RECTIFY THE EVIL THAT TO WHICH WE HAVE
SUCCUMB,
TO BRING BACK THE MEADOWS,
THE FLOWERS AND TREE'S,
TO CONTINUE TO HEAR THE BIRD'S AND BEE'S!
BLESS THE HEMP LORD, AND KEEP IT STRONG,
AND ENABLE US, TO CARRY ON...

AMEN

@ShereeKrider

*Dedicated with Love to Richard J. Rawlings...USMJParty

Medical marijuana backers lose bid for looser regulations

By Tom Schoenberg, © 2013, Bloomberg News

 

WASHINGTON — An appeals court rejected the bid by medical marijuana backers to ease federal controls of the drug, ruling that the government properly kept the substance in its most dangerous category.

A three-judge panel of the U.S. Court of Appeals on Tuesday upheld the Drug Enforcement Administration's decision to maintain marijuana as a Schedule I drug under the Controlled Substances Act because there are no adequate scientific studies finding an acceptable medical use.

"The question before the court is not whether marijuana could have some medical benefits," U.S. Circuit Judge Harry Edwards wrote in the opinion.

Edwards said the court's review was limited to whether the DEA's decision declining to reschedule the drug was arbitrary and capricious. He said the court found there was "substantial evidence" to support the agency's determination that such studies don't exist.

The case involves a 10-year-old petition from medical marijuana advocates who asked the DEA to reclassify marijuana as a Schedule III, IV or V drug, which would allow for looser regulation. On June 21, 2011, the DEA rejected the request, stating that existing clinical evidence wasn't adequate to warrant reclassification.

"To deny that sufficient evidence is lacking on the medical efficacy of marijuana is to ignore a mountain of well- documented studies that conclude otherwise," Joe Elford, chief counsel with Americans for Safe Access, the medical marijuana advocacy

---

---

organization that brought the case, said in an e-mailed statement.

Elford told the court during arguments in October that there were more than 200 studies that the agency refused to consider.

The group said it will appeal the ruling, according to the statement.

Lena Watkins, a lawyer for the Justice Department, told the court in October that the studies cited by the marijuana proponents were rejected because the research didn't meet government standards. She said about 15 studies meet the standards, though the government doesn't have the final results yet.

The court also waved off claims that government blocked efforts to study the medical effects of marijuana, citing the Health and Human Services Department policy supporting the clinical research with botanical marijuana.

"It appears that adequate and well-controlled studies are wanting not because they have been foreclosed but because they have not been completed," Edwards said in the ruling.

CONTINUE READING...

CANADIAN STATUTES: Marihuana for Medical Purposes Regulations (Last update 1-8-2013)

 

THIS IS ONLY PART OF A VERY IMPORTANT CANADIAN DOCUMENT REGARDING THE GROWTH AND DISTRIBUTION OF MEDICAL CANNABIS.  PLEASE GO TO THE LINK AND VIEW THE ENTIRE DOCUMENT!

LINK

Issue

Growth in Program participation has had unintended consequences for the administration of the MMAR, but more importantly, for public health, safety and security as a result of authorizing individuals to produce marihuana under PUPLs and DPPLs in private dwellings.

In 2002, 477 individuals were authorized to possess marihuana for medical purposes. As of August 13, 2012, this had grown to 21 986 individuals. If the Program continues to grow at this pace, it is estimated that by 2014, over 50 000 individuals will be authorized to possess marihuana for medical purposes.

One result of increased participation in the Program is increased application volume for Health Canada. This results in increased staffing costs, but more importantly, it results in a 10-week service standard for processing applications. Many Program participants have expressed concerns regarding the length of time it takes to obtain an authorization to possess.

Of 21 986 current Program participants, 13% access Health Canada’s supply of dried marihuana, 64% produce under a PUPL, and 16% produce under a DPPL. The remaining 7% indicate in their application that they will buy from Health Canada, but ultimately do not. Health Canada does not have access to information regarding where these Program participants obtain their supply of marihuana for medical purposes.

Increases in the number of licences, as well as the co-location of up to four licences on one site, can result in large quantities of marihuana being produced in homes and communities. In addition, the average daily amount has continually increased since 2002 to almost 10 g per day now which, if produced indoors, is approximately 49 plants. Under the MMAR, the number of plants that may be produced under a licence to produce is calculated based on the daily amount agreed upon by the medical practitioner and the applicant. Program participants who either produce their own or have designated producers are the group where the daily amount has increased the most. There are now approximately 70% who produce 25 plants or more.

Municipalities and first responders, such as fire and police officials, have raised serious public health and safety concerns regarding production of marihuana in private dwellings. Under the Program, applicants are not required to disclose their intent to produce to local authorities. Production sites, most often in private dwellings that are not constructed for large-scale horticultural production, are often in locations unknown by local authorities. Production activities are also linked to the presence of excess moisture in homes creating a risk of mould (particularly associated with drying of marihuana); electrical hazards creating a risk of fire; and exposure to toxic chemicals like pesticides and fertilizers creating risk to residents, including children. Such issues may not only have an impact on individual producers, but also potentially on those living at the same address, adjacent residential units, and/or in the surrounding community, who may not even suspect the existence of these risks. Because the MMAR were never intended to permit larger-scale marihuana production, they do not adequately address these public health, safety and security concerns. There are practical difficulties in imposing stringent quality and safety standards on production operation by producers of marihuana for medical purposes that may lack the capacity to implement them.

Police have also raised concerns that residential production activities leave the Program vulnerable to abuse, including criminal involvement and diversion to the illicit market, particularly given the attractive street value of marihuana ($10–$15/gram for dried marihuana). It is impossible to conduct effective inspection of the numerous production sites across the country, particularly given the legal requirement to either obtain permission, or a warrant, to enter a private dwelling. Finally, production in homes may leave residents and their neighbours vulnerable to violent home invasion by criminals who become aware that valuable marihuana plants are being produced and stored in the home.

Another implication of Program growth is an increase to the cost of producing and distributing dried marihuana for Health Canada. The existing supply contract has a value of $16.8 million (excluding GST) for a three-year period, ending on March 31, 2013. An additional option year has been built into the contract, and will need to be exercised. It is estimated that this additional year will cost Health Canada $9.7 million. These high contract costs are despite the fact that only a minority of Program participants indicate this supply option in their application. Health Canada heavily subsidizes the cost of marihuana for medical purposes by covering the shipping costs and charging only $5/gram, an amount substantially below the cost of production and distribution. The Government collected approximately $1,686,600 in revenue from sales of dried marihuana and seeds in the 2011–2012 fiscal year.

Objectives

The objective of the proposed MMPR is to reduce the risks to public health, security and safety of Canadians, while significantly improving the way in which individuals access marihuana for medical purposes.

To reduce the risks to public health, security and safety of Canadians, a new supply and distribution system for dried marihuana that relies on commercial production of marihuana for medical purposes would be established. Security requirements would be in place for the production site and key personnel of the licensed producer. Standards for packaging, transportation and record keeping would contribute to achieving security objectives.

The process for individuals to access marihuana for medical purposes would no longer require applying to Health Canada. Individuals would be able to obtain marihuana, of any strain commercially available, with information similar to a prescription from an authorized health care practitioner (a physician or, potentially, a nurse practitioner). Quality and sanitation standards appropriate for a product for medical use will be in place. In line with other controlled substances, personal and designated production would be phased out. This would reduce the health and safety risks to individuals and to the public while allowing for a quality-controlled and more secure product for medical use.

Health Canada would no longer receive and process applications or issue authorizations and licences, nor continue to produce and supply marihuana for medical purposes. Health Canada would not enter into future contractual arrangements for the production and distribution of marihuana for medical purposes. The new regulatory scheme returns Health Canada to its traditional role of regulator rather than producer and service provider, while striking a better balance between access and risks to public health and safety.

Description

The proposed Marihuana for Medical Purposes Regulations would authorize the following key activities:

• the possession of dried marihuana by individuals who have the support of an authorized health care practitioner to use marihuana for medical purposes;
• the production of dried marihuana by licensed producers only; and
• the direct sale and distribution of dried marihuana by specific regulated parties to individuals who are eligible to possess it.

LINK

Studying Marijuana and Its Loftier Purpose

Tikkun Olam, a medical marijuana farm in Israel, blends the high-tech and the spiritual.

By ISABEL KERSHNER

Published: January 1, 2013

 

SAFED, Israel — Among the rows of plants growing at a government-approved medical marijuana farm in the Galilee hills in northern Israel, one strain is said to have the strongest psychoactive effect of any cannabis in the world. Another, rich in anti-inflammatory properties, will not get you high at all.

Marijuana is illegal in Israel, but farms like this one, at a secret location near the city of Safed, are at the cutting edge of the debate on the legality, benefits and risks of medicinal cannabis. Its staff members wear white lab coats, its growing facilities are fitted with state-of-the-art equipment for controlling light and humidity, and its grounds are protected by security cameras and guards.

But in addition to the high-tech atmosphere, there is a spiritual one. The plantation, Israel’s largest and most established medical marijuana farm — and now a thriving commercial enterprise — is imbued with a higher sense of purpose, reflected by the aura of Safed, an age-old center of Jewish mysticism, as well as by its name, Tikkun Olam, a reference to the Jewish concept of repairing or healing the world.

There is an on-site synagogue in a trailer, a sweet aroma of freshly harvested cannabis that infuses the atmosphere and, halfway up a wooded hillside overlooking the farm, a blue-domed tomb of a rabbinic sage and his wife.

In the United States, medical marijuana programs exist in 18 states but remain illegal under federal law. In Israel, the law defines marijuana as an illegal and dangerous drug, and there is still no legislation regulating its use for medicinal purposes.

Yet Israel’s Ministry of Health issues special licenses that allow thousands of patients to receive medical marijuana, and some government officials are now promoting the country’s advances in the field as an example of its pioneering and innovation.

“I hope we will overcome the legal obstacles for Tikkun Olam and other companies,” Yuli Edelstein, the minister of public diplomacy and diaspora affairs, told journalists during a recent government-sponsored tour of the farm, part of Israel’s effort to brand itself as something beyond a conflict zone. In addition to helping the sick, he said, the effort “could be helpful for explaining what we are about in this country.”

Israelis have been at the vanguard of research into the medicinal properties of cannabis for decades.

In the 1960s, Prof. Raphael Mechoulam and his colleague Yechiel Gaoni at the Weizmann Institute of Science isolated, analyzed and synthesized the main psychoactive ingredient in the cannabis plant, tetrahydrocannabinol, or THC. Later, Professor Mechoulam deciphered the cannabinoids native to the brain. Ruth Gallily, a professor emerita of immunology at the Hebrew University of Jerusalem, has studied another main constituent of cannabis — cannabidiol, or CBD — considered a powerful anti-inflammatory and anti-anxiety agent.

When Zach Klein, a former filmmaker, made a documentary on medical marijuana that was broadcast on Israeli television in 2009, about 400 Israelis were licensed to receive the substance. Today, the number has risen to about 11,000.

Mr. Klein became devoted to the subject and went to work for Tikkun Olam in research and development. “Cannabis was used as medicine for centuries,” he said. “Now science is telling us how it works.”

Israeli researchers say cannabis can be beneficial for a variety of illnesses and conditions, from helping cancer patients relieve pain and ease loss of appetite to improving the quality of life for people with post-traumatic stress disorder and neuropsychological conditions. The natural ingredients in the plant, they say, can help with digestive function, infections and recovery after a heart attack.

The marijuana harvest, from plants that can grow over six feet tall, is processed into bags of flowers and ready-rolled cigarettes. There are also cannabis-laced cakes, cookies, candy, gum, honey, ointments and oil drops. The strain known as Eran Almog, which has the highest concentration of THC, is recommended for severe pain. Avidekel, a strain rich in CBD and with hardly any psychoactive ingredient, allows patients to benefit from the drug while being able to drive and to function at work.

Working with Hebrew University researchers, the farm has also developed a version in capsule form, which would make exporting the drug more practical, should the law allow it.

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White House: “We’re in the Midst of a Serious National Conversation on Marijuana”

by Erik Altieri, NORML Communications Director January 8, 2013

 

 

In October of 2011, the White House issued an official response to a petition NORML submitted via their We the People outreach program on the topic of marijuana legalization.

 

Despite being one of the most popular petitions at the site’s launch, the answer we received was far from satisfactory. Penned by Drug Czar Gil Kerlikowske, the response featured most of the typical government talking points. He stated that marijuana is associated with addiction, respiratory disease, and cognitive impairment and that its use is a concern to public health. “We also recognize,” Gil wrote, “that legalizing marijuana would not provide the answer to any of the health, social, youth education, criminal justice, and community quality of life challenges associated with drug use.”

Well, just over a year later, the White House has responded again to a petition to deschedule marijuana and legalize it. The tone this time is markedly different, despite being penned by the same man.

Addressing the Legalization of Marijuana
By Gil Kerlikowske

Thank you for participating in We the People and speaking out on the legalization of marijuana. Coming out of the recent election, it is clear that we’re in the midst of a serious national conversation about marijuana.

At President Obama’s request, the Justice Department is reviewing the legalization initiatives passed in Colorado and Washington, given differences between state and federal law. In the meantime, please see a recent interview with Barbara Walters in which President Obama addressed the legalization of marijuana.

Barbara Walters:

Do you think that marijuana should be legalized?

President Obama:

Well, I wouldn’t go that far. But what I think is that, at this point, Washington and Colorado, you’ve seen the voters speak on this issue. And as it is, the federal government has a lot to do when it comes to criminal prosecutions. It does not make sense from a prioritization point of view for us to focus on recreational drug users in a state that has already said that under state law that’s legal.

…this is a tough problem because Congress has not yet changed the law. I head up the executive branch; we’re supposed to be carrying out laws. And so what we’re going to need to have is a conversation about how do you reconcile a federal law that still says marijuana is a federal offense and state laws that say that it’s legal.

When you’re talking about drug kingpins, folks involved with violence, people are who are peddling hard drugs to our kids in our neighborhoods that are devastated, there is no doubt that we need to go after those folks hard… it makes sense for us to look at how we can make sure that our kids are discouraged from using drugs and engaging in substance abuse generally. There is more work we can do on the public health side and the treatment side.

Gil Kerlikowske is Director of the Office of National Drug Control Policy

No tirade about protecting our children. No alarmist claims about sky rocketing marijuana potency and devastating addiction potential. Just a few short paragraphs stating we are “in the midst of a serious national conversation about marijuana” and deferring to an interview with the President where he stated arresting marijuana users wasn’t a priority and that the laws were still being reviewed. While far from embracing an end to marijuana prohibition, the simple fact that America’s Drug Czar had the opportunity to spout more anti-marijuana rhetoric and instead declined (while giving credence to the issue by stating it is a serious national conversation) it’s at the very least incredibly refreshing, if not a bit aberrational. We can only hope that when the administration finishes “reviewing” the laws just approved by resounding margins in Washington and Colorado, they choose to stand with the American people and place themselves on the right side of history.

“We the People” are already there.

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show makes tv history with medical marijuana discussion

Medical marijuana has long been a taboo subject, but The Ricki Lake Show tackles the subject matter head on with a debate on the most contentious topic in health care.  The parents of a  7-year-old leukemia patient and cancer survivor Cheryl Shuman open up to Ricki on the positive effects of using cannabis in their treatments. CONTINUE...

Patrick Kennedy On Marijuana: Former Rep. Leads Campaign Against Legal Pot

Reuters  |  Posted: 01/05/2013 2:11 pm EST

By Alex Dobuzinskis

 

Jan 5 (Reuters) - Retired Rhode Island Congressman Patrick Kennedy is taking aim at what he sees as knee-jerk support for marijuana legalization among his fellow liberals, in a project that carries special meaning for the self-confessed former Oxycontin addict.

Kennedy, 45, a Democrat and younger son of the late "Lion of the Senate" Edward M. Kennedy of Massachusetts, is leading a group called Project SAM (Smart Approaches to Marijuana) that opposes legalization and seeks to rise above America's culture war over pot with its images of long-haired hippies battling law-and-order conservatives.

Project proposals include increased funding for mental health courts and treatment of drug dependency, so those caught using marijuana might avoid incarceration, get help and potentially have their criminal records cleared.

Kennedy wants cancer patients and others with serious illnesses to be able to obtain drugs with cannabinoids, but in a more regulated way that could involve the U.S. Food and Drug Administration playing a larger role.

The eight-term former congressman from Rhode Island and the group he chairs will put forth their plan on Wednesday with a media appearance in Denver.
Their efforts follow the November election that saw voters in Washington state and Colorado become the first in the nation to approve measures to tax and regulate pot sales for recreational use. Kennedy's group is seeking to shift the debate and reclaim momentum for the anti-legalization movement, in part by proposing new solutions with appeal to liberals, such as taking a public health approach to combat marijuana use.

Legalization backers have argued that the so-called War on Drugs launched in 1971 by former President Richard Nixon has failed to stem marijuana use, and has instead saddled otherwise law-abiding pot smokers with criminal records that may block their avenues to landing a successful job.
Kennedy faults the U.S. government for allocating too much of its $25 billion drug control budget to law enforcement rather than to treatment and prevention.
"Yes, the drug war has been a failure, but let's look at the science and let's look at what works. And let's not just throw out the baby with the bathwater," Kennedy, who served in the U.S. House of Representatives from 1995 to 2011, said in a telephone interview.

The U.S. Department of Justice is still developing a policy in regard to the new state legalization measures.

President Barack Obama said in an interview with ABC News last month that it did not make sense for the federal government to "focus on recreational drug users in a state that has already said that, under state law, that's legal."

BIPARTISAN APPROACH

 

Conservative political commentator David Frum, a speech writer for former President George W. Bush, is also a board member on Project SAM, which lends it a bipartisan flavor.
For his part, Kennedy is aiming many of his arguments toward liberals like himself. Polls show Democrats largely favoring legalizing marijuana, and among the 18 states that allow medical marijuana, several are in the West and Northeast and are heavily Democratic.

"The fact is people are afraid on the (political) left to look like they're not for an alternative to incarceration and criminalization, and they're afraid they're not going to look sympathetic to a cancer patient" who might use marijuana, Kennedy said. As a result, he said the legalization position mistakenly comes to be seen as "glamorous."

Kennedy admits to having smoked pot but also said that, as an asthma sufferer, he "found other ways to get high."

In 2006, he crashed his car into a security barrier in Washington, D.C., and soon after sought treatment for drug dependency. He said he was addicted to the pain reliever Oxycontin at that time and suffered from alcoholism. He added that he has been continuously sober for nearly two years.
Kennedy, who was married for the first time in 2011, said he worries his 8-month-old son might be predisposed to drug abuse - due to a kind of genetic "trigger" - and that is part of his fight against legalization.

He also said he wants to "reduce the environmental factors that pull that trigger," such as marijuana use being commonly accepted.
Meanwhile, another prominent figure from Rhode Island, the newly crowned Miss Universe Olivia Culpo, is making waves by also objecting to legalization. She told Fox News this week there are "too many bad habits that go with the drug."

In Washington state, Alison Holcomb was campaign director for the legalization measure, which billed itself as having a public health element to help people dependent on marijuana.
The measure, which is not set to go into full effect until after state regulators spend most of 2013 setting guidelines, would allow adults 21 and older to buy marijuana at special stores.
Holcomb argued that drug dependency courts are more geared toward users of hardcore drugs, and that the approach her group put forward is the sensible one.
"I don't know what a public health approach without legalization looks like, if you're still arresting people," she said.
Taxes on marijuana sales would generate, at the high end of estimates, over $500 million a year with $67 million of that going to a state agency that provides drug treatment, said Mark Cooke, policy adviser for the American Civil Liberties Union of Washington state, which supported the campaign.

Also included in the tax revenue would be $44 million for education and public health campaigns - including a phone line for people wanting to quit using marijuana, Cooke said. (Reporting by Alex Dobuzinskis; Editing by Daniel Trotta and Gunna Dickson)

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Kentucky Legislature will be commencing during January

Kentucky Legislature will be commencing during January. A crucial medical bill was stalled last Legislature session, for all of our family’s sake we cannot let this happen again. Our session this year will only last 30 days, so we need to make this bill a priority. Please take less than ten minutes from your new year and help deprived patients gain safe access to an effective medicine. Inform your district congressmen of your support for BR 55 to pass. The enacting of this bill will benefit our Kentucky patients suffering with Cancer, chronic pain (including migraines), Neurodegenerative Conditions, Gastrointestinal, Mental health (including PTSD), and Congenital Disorders. BR 55 is noted as the Gatewood Galbraith Medical Marijuana Memorial Act.

Marijuana has many currently accepted medical uses in the United States, having been recommended by thousands of licensed physicians to more than five hundred thousand (500,000) patients in states with medical marijuana laws. 18 states and the District of Columbia have protected and provided for their patients by enacting medical marijuana laws. Even to this day, the federal government sends 300 pre-rolled marijuana cigarettes to their patients through the mail, while those who choose the benefits of medical marijuana in Kentucky face criminal charges, the shattering of their family, or even death.
Twenty years ago this August, law enforcement killed a decorated Vietnam Veteran, footsteps away from his son and companion because he refused to give enforcement the right to cut his medicinal cannabis crop. After seven long hours of strategizing, with over 30 enforcers of the law present, and multiple helicopters, state enforcers chose to fire military grade weapons with explosive rounds toward the whole family, without negotiation. After the law enforcements gun blasts, the Veterans companion was bleeding from a serious head injury, their son was covered with both of his parents blood, his father was killed by nine bullets with his hands in the air.
Enforcement was able to call all of their actions on that Sunday just in the name of the law. If Kentucky, back in 1993, had enacted the Gatewood Galbraith Medical Marijuana Memorial Act, the above family would not had to experience such a devastating way to lose a provider and father. Still today, many within our state face damages from medical marijuana prohibition and this isn’t just. There is no better way to start the New Year than by making efforts to end this prohibition in our deserving state.

There are three main ways you and your friends can help:
1) Call the Legislative Message Line at 1-800-372-7181 and tell your District Senator to vote YES on the Gatewood Galbraith Medical Marijuana Act.
2) Write Passionate Letters/ Emails in support of medical marijuana to your District Senator at:

http://www.lrc.ky.gov/legislators.htm or when calling 1-800-372-7181 verbally dictate your letters to the operator. It's their job to take your message and deliver it directly to whom it is intended.
3) Call your District Senator directly and schedule an appointment to speak with him/her in person. This is the best way to show your support. By visiting your District Senator it personalizes the request to vote YES on the bill and shows that medical marijuana is an important issue to you. http://www.lrc.ky.gov/legislators.htm
You can also help by contacting your District's House Representative and request they make a companion bill to the Gatewood Galbraith Medical Marijuana Memorial Act.
Go to the Kentucky Legislature: Who's My Legislature page. This page will tell you who your District Senators and House Representatives are, as well as, all email addresses, mailing addresses, and phone numbers needed. http://www.lrc.ky.gov/legislators.htm
For more information visit, Free the Weed Kentucky at http://freetheweedkentucky.webs.com/

Who's My Legislator

www.lrc.ky.gov

From the Mayo Clinic: Cannabis/Marijuana

Marijuana (Cannabis sativa)

 

Evidence

These uses have been tested in humans or animals. Safety and effectiveness have not always been proven. Some of these conditions are potentially serious, and should be evaluated by a qualified healthcare provider.

Chronic pain

Cannabinoids have been reported to reduce chronic pain associated with a variety of conditions. Cannabinoids have also been used in patients for whom other pain relief medications are not working. The active components in cannabis exert their effects on the central nervous system and immune cells. Cannabis is approved in some European countries and Canada. In the United States, it is an investigational drug for pain relief in cancer patients.
A

Multiple sclerosis (symptoms)

Research suggests that cannabinoids may improve some symptoms associated with multiple sclerosis (MS), specifically neuropathic pain, muscle spasms, and urinary symptoms.
A

Eczema

Early studies suggest that taking hemp seed oil by mouth may reduce symptoms of eczema, a skin rash also referred to as atopic dermatitis. Additional research is needed before a conclusion can be made.
C

Epilepsy

Early research suggests that epileptic patients may experience fewer seizures when taking cannabidiol (CBD) together with antiseizure medication. Further studies are required before a conclusion can be made.
C

Glaucoma (high fluid pressure inside the eye)

Glaucoma can result in optic nerve damage and blindness. Limited evidence suggests that tetrahydrocannabinol (THC) taken under the tongue may reduce eye pressure. Additional research is needed before a conclusion can be made.
C

Huntington's disease

Huntington's disease is a degenerative nerve disorder associated with uncoordinated, jerky body movements and mental deterioration. Early studies suggest that cannabidiol (CBD) may not aid in reducing the severity of uncoordinated body movements associated with Huntington's disease. Further studies are needed before a firm conclusion can be made.
C

Insomnia

Limited research suggests that cannabidiol may improve sleep quality in those with insomnia (difficulty getting to sleep or staying asleep). More research is needed before a conclusion can be made.
C

Appetite/weight loss in cancer patients

Clinical studies have shown no effect of cannabis-based therapies in the treatment of weight loss associated with cancer. Further studies are necessary before a conclusion can be made.
D

Schizophrenia

In limited research, no effect of cannabidiol (CBD) was seen on symptoms of schizophrenia in patients for whom other treatments were not working. Additional research is needed before a conclusion can be made.
D

Key to grades
A Strong scientific evidence for this use
B Good scientific evidence for this use
C Unclear scientific evidence for this use
D Fair scientific evidence against this use (it may not work)
F Strong scientific evidence against this use (it likely does not work)

 

Uses based on tradition or theory

The below uses are based on tradition or scientific theories. They often have not been thoroughly tested in humans, and safety and effectiveness have not always been proven. Some of these conditions are potentially serious, and should be evaluated by a qualified healthcare provider.

Acne, addiction, allergies, Alzheimer's disease, angina (chest pain), angioedema (swelling under the skin), arthritis, antiaging, antidepressant, anti-inflammatory, antioxidant, anxiety prevention, appetite stimulant, asthma, attention-deficit hyperactivity disorder (ADHD), autoimmune diseases, bipolar disorder (mental disorder), blood thinner, bronchodilation (widens airways and eases breathing), burns, cancer, candidiasis (yeast infection), circulation improvement, constipation, cough, detoxification (removal of toxins), diabetes, digestive aid, diuretic (improves urine flow), dystonia (muscle disorder), energy metabolism, fatigue, gastric acid secretion stimulation (increases stomach acid), general health maintenance, genitourinary tract disorders (disorders of the reproductive and urinary systems), hair growth promoter, heart disease, high blood pressure, hormone regulation, immune suppression, increased muscle mass, increasing breast milk, inflammatory bowel disease (Crohn's disease and ulcerative colitis), intermittent claudication (pain in arms or legs due to inadequate oxygen), interstitial cystitis (bladder disorder), irregular heartbeat, leukemia (cancer of blood cells), lipid lowering (cholesterol and triglycerides), liver protection, lymph flow enhancement, menopausal symptoms, migraine, muscle relaxation, nausea and vomiting, nerve disorders, neural tube defects (birth defects), osteoporosis (bone loss), painful menstruation, pregnancy and labor, psychosis, rheumatism (joint disease), sedative, sexual performance, skin conditions, spinal cord injury, stomach spasms, stroke, tendonitis, uterine stimulant, varicose veins, vitamin C deficiency, weight gain (patients with HIV or cancer), wound healing.

 

Dosing

The below doses are based on scientific research, publications, traditional use, or expert opinion. Many herbs and supplements have not been thoroughly tested, and safety and effectiveness may not be proven. Brands may be made differently, with variable ingredients, even within the same brand. The below doses may not apply to all products. You should read product labels, and discuss doses with a qualified healthcare provider before starting therapy.

Adults (18 years and older)

For nausea and vomiting, five milligrams/m ² of body mass of dronabinol (Marinol®) has been taken by mouth before and after chemotherapy, for a total of 4-6 doses daily.

For weight loss and malnutrition associated with cancer, 2.5 milligrams of tetrahydrocannabinol (THC) with or without one milligram of cannabidiol has been taken by mouth for six weeks.

For eczema, hemp seed oil has been taken by mouth for 20 weeks.

For chronic pain, 2.5-120 milligrams of cannabis has been taken by mouth in divided doses.

For epilepsy, 200-300 milligrams of cannabidiol (CBD) has been taken by mouth daily for up to 4.5 months.

For insomnia, 160 milligrams of cannabidiol (CBD) has been taken by mouth.

For symptoms of multiple sclerosis, 2.5-10 milligrams of dronabinol (Marinol®) has been taken by mouth daily for three weeks. Capsules containing 15-30 milligrams of cannabis extract has been taken by mouth for 14 days. Two and one-half milligrams of tetrahydrocannabinol (THC), together with 0.9 milligrams of cannabidiol (CBD), has been taken by mouth. Cannabinoid-based Sativex® mouth spray has been used at a dose of 2.5-120 milligrams in divided doses. Eight sprays in three hours and up to 48 sprays in 24 hours have been used.

For schizophrenia, 40-1,280 milligrams of cannabidiol (CBD) has been taken by mouth daily for up to four weeks.

For glaucoma (high fluid pressure in the eye), single doses of five milligrams of tetrahydrocannabinol (THC) or 40 milligrams of cannabidiol (CBD) placed under the tongue have been used.

Children (under 18 years old)

There is no proven safe or effective dose for cannabis or cannabis-containing products in children.

CONTINUE READING....

HR 6134 ‘Truth in Trials Act’ to provide an affirmative defense for the medical use of marijuana

HR 6134 IH

112th CONGRESS

2d Session

H. R. 6134

To amend title 18, United States Code, to provide an affirmative defense for the medical use of marijuana in accordance with the laws of the various States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 17, 2012

Mr. FARR (for himself, Mr. PAUL, Mr. COHEN, Mr. ROHRABACHER, Mr. FRANK of Massachusetts, Ms. LEE of California, Mr. HINCHEY, Mr. STARK, Mr. BLUMENAUER, Mr. MORAN, Mr. GRIJALVA, Mr. POLIS, Ms. WOOLSEY, Mr. WAXMAN, Mr. AMASH, Mr. RANGEL, Mr. MCGOVERN, Mr. GEORGE MILLER of California, and Mr. NADLER) introduced the following bill; which was referred to the Committee on the Judiciary

---

A BILL

To amend title 18, United States Code, to provide an affirmative defense for the medical use of marijuana in accordance with the laws of the various States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Truth in Trials Act'.

SEC. 2. PROVIDING AN AFFIRMATIVE DEFENSE FOR THE MEDICAL USE OF MARIJUANA; SEIZURE OF PROPERTY.

(a) In General- Chapter 221 of title 18, United States Code, is amended by striking section 3436 and all that follows through the end of the chapter and inserting the following:

`Sec. 3436. Affirmative defense for conduct regarding the medical use of marijuana; seizure of property.

`(a) Any person facing prosecution or a proceeding for any marijuana-related offense under any Federal law shall have the right to introduce evidence demonstrating that the marijuana-related activities for which the person stands accused were performed in compliance with State law regarding the medical use of marijuana, or that the property which is subject to a proceeding was possessed in compliance with State law regarding the medical use of marijuana.

`(b)(1) It is an affirmative defense to a prosecution or proceeding under any Federal law for marijuana-related activities, which the proponent must establish by a preponderance of the evidence, that those activities comply with State law regarding the medical use of marijuana.

`(2) In a prosecution or a proceeding for a marijuana-related offense under any Federal criminal law, should a finder of fact determine, based on State law regarding the medical use of marijuana, that a defendant's marijuana-related activity was performed primarily, but not exclusively, for medical purposes, the defendant may be found guilty of an offense only corresponding to the amount of marijuana determined to be for nonmedical purposes.

`(c) Any property seized in connection with a prosecution or proceeding to which this section applies, with respect to which a person successfully makes a defense under this section, shall be returned to the owner not later than 10 days after the court finds the defense is valid, minus such material necessarily destroyed for testing purposes.

`(d) Any marijuana seized under any Federal law shall be retained and not destroyed pending resolution of any forfeiture claim, if not later than 30 days after seizure the owner of the property notifies the Attorney General, or a duly authorized agent of the Attorney General, that a person with an ownership interest in the property is asserting an affirmative defense for the medical use of marijuana.

`(e) No plant may be seized under any Federal law otherwise permitting such seizure if the plant is being grown or stored pursuant to a recommendation by a physician or an order of a State or municipal agency in accordance with State law regarding the medical use of marijuana.

`(f) In this section, the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 221 of title 18, United States Code, is amended by striking the item relating to section 3436 and all that follows through the end of the table and inserting the following new item:

`3436. Affirmative defense for conduct regarding the medical use of marijuana; seizure of property.'.

END

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A defining moment for Sen. McConnell

By Bob Cusack - 12/29/12 06:00 AM ET

Sen. Mitch McConnell (R-Ky.) is facing a defining moment of his career this weekend as he attempts to hammer out a "fiscal-cliff" deal with Senate Majority Leader Harry Reid (D-Nev.).

Many inside the Washington Beltway believe there is little chance that Reid and McConnell will reach an agreement. Political operatives note that McConnell is up for reelection in 2014, saying that a "no" vote is much safer than being the author of such a controversial bill.

However, there are plenty of reasons why McConnell would want to forge a bipartisan deal. First and foremost, McConnell's hero is former Sen. Henry Clay (Ky.), who is known as the "Great Compromiser." McConnell has claimed that Clay's leadership in crafting legislative compromises in 1820 and 1850 "held the country together." McConnell has touted Clay's "marvelous combination of compromise and principle" as a model for all politicians.

The Senate minority leader also has a long history of deal making. McConnell and Reid reached a pact on the payroll tax cut extension a year ago and he signed off on the Troubled Asset Relief Program (TARP) in 2008. Last week, McConnell expressed support for Speaker John Boehner's (R-Ohio) "Plan B" fiscal-cliff measure, which subsequently imploded amid opposition from liberals and conservatives.

After the GOP captured control of the House and made significant gains in the Senate two years ago, McConnell worked closely with Vice President Biden in the lame-duck session of the last Congress to pass an extension of the Bush tax rates, a nuclear treaty with Russia and the repeal of the Pentagon's "don't ask, don't tell" policy. President Obama called that lame-duck session "the most productive post-election period that we have had in decades."

McConnell has a strong working relationship with Reid, who has until now played a backseat role in the fiscal-cliff talks. While Reid and McConnell regularly joust with one another on the Senate floor, the two leaders respect and like one another.

After it was reported in the book "Game Change" that Reid made racially insensitive remarks, McConnell repeatedly refused to call for the Nevada Democrat to step aside. In 2010, Reid apologized to McConnell on the Senate floor for questioning the GOP leader's integrity.

In many ways, McConnell and Reid are similar. Neither is seen at big parties in the nation's capital; both prefer quiet nights at home watching the Washington Nationals.

There is a sense of history in this weekend's negotiations. Reid and McConnell can prevent the country from going over the cliff, something Obama and Boehner have repeatedly failed to do. The Senate, which has been pushed to the side on the fiscal cliff, now can come to the rescue.

Unlike TARP, which remains unpopular, a fiscal-cliff agreement can be sold back home. Such a bipartisan deal would attract criticism from the left and the right, but McConnell could make the case it helps middle-class families, doctors and defense contractors in Kentucky. (Most expect a final deal to prevent significant cuts to the Pentagon and Medicare's reimbursement to physicians).

Democrats are targeting McConnell in 2014, but he has many things going in his favor. A viable challenger from the left or the right has not yet emerged. There has been widespread speculation actress Ashley Judd might challenge McConnell. However, Judd lives in Tennessee and has made some critical statements on coal that won't serve her well in Kentucky.

Furthermore, McConnell has more than $7 million in his campaign war chest.

And despite the nation's changing demographics, Kentucky is a red state that is not fond of Obama. That won't change in 2014.

CONTINUE READING...

Trading Sex for a "F--cking Happy Meal?

Mom Can't Get Food Stamps After Drug Offense, Resorts to Prostitution to Feed her Kids

If she’d committed murder, Carla could have gotten assistance to feed her children. But because the crime she committed was related to drugs, she can't.

December 21, 2012  |  

Carla walked into my office with despair in her eyes. I was surprised. Carla has been doing well in her four months out of prison; she got off drugs, regained custody of her kids, and even enrolled in a local community college. 

Without much prodding she admitted to me that she had retuned to prostitution: “I am putting myself at risk for HIV to get my kids a f---ing happy meal.”

Despite looking high and low for a job, Carla explained, she was still unemployed. Most entry-level jobs felt out of reach with her drug record, but what’s worse, even the state wasn’t willing to throw her a temporary life preserver.

You see, Carla is from one of the 32 states in the country that ban anyone convicted of a drug felony from collecting food stamps. With the release of the Global Burden of Disease Study last week, it bears looking at how we are perpetuating burdens among the most vulnerable Americans with our outdated laws.

If she’d committed rape or murder, Carla could have gotten assistance to feed herself and her children, but because the crime she committed was a drug felony, Carla joined the hundreds of thousands of drug felons who are not eligible.

The 1996 passage of the Welfare Reform Act was supposedly implemented to prevent drug addicts from selling their food stamps for drugs. But that concern is virtually unwarranted today. Unlike old food-stamp coupons, today’s food stamps are distributed electronically, which makes selling or trading them quite difficult.

Nonetheless, the law persists.  According to the U.S. Department of Agriculture, nine states have a lifetime ban for food-stamp eligibly for people convicted of drug felonies.  Twenty-three states have a partial ban, such as permitting eligibility for persons convicted of drug possession but not sale, or for persons enrolled in drug treatment programs.

Denying food stamp benefits to people convicted of drug offenses is an excessive and ineffective crime control strategy. The policy increases an individual’s risk of returning to prison by making it more difficult for people to survive after they get out, slowing or possibly even preventing their reintegration into society. People without the financial cushion necessary to get through the initial period of job searching and re-establishing a life have little choice but to turn to illegal means to make ends meet.

What’s more, the food-stamp ban is a law that works against good public health policy. As a doctor who cares predominantly for people who are released from prison, I see the damaging consequences of this ban on food stamps. I have seen patients of mine with diabetes go without food and end up hospitalized with low blood sugar, and still others with HIV skip their antiretrovirals because they don’t have food to take with their pills.  Not having access to food is associated with bad health outcomes including worsening diabetes, HIV, depression. Young children face anemia, diabetes, and depression.

Women with children are especially affected. It’s estimated that 70,000 women and their children are banned from obtaining food stamps. This means mothers who are simply trying to feed themselves and their children, and who are trying to get back on their feet after serving their time, are banned from receiving the money to pay for the basics necessary to survive.  Meanwhile, 46 million others, including college graduates and PhDs with far more resources, can receive food aid.

No other criminal conviction results in such a ban—not arson, not rape, not even murder.

Carla was arrested at 20 for selling marijuana.  At the time, she had also been making money working for her “boyfriend” as a sex worker.  Her boyfriend was also arrested for robbery.  He could qualify for food stamps upon release. But not Carla. She continues to pay for selling marijuana— a drug which two states have now voted to legalize outright—and the price is health risks for herself and for her children. 

CONTINUE READING....PAGE 2...

What's Up With Cannabis Reform In 2013

thomas vance Published: December 17, 2012 11:30AM

 

Well the year is ending and we are looking forward to the New Year with hope and anticipation when it comes to marijuana law reform. Several big changes are working their way through the system but there will not be any changes to the drug law situation till after the New Year.

The Senate Judiciary Committee will meet in January to, according to Senator Patrick Leahy Chairman of the committee, hold a hearing in light of recently passed State laws legalizing personal marijuana use. Given the fiscal constraints of Federal Law enforcement, Leahy asked in a letter to the Office of National Drug Control Policy Director Gil Kerlikowske how the administration plans to use Federal resources in light of new laws in Washington and Colorado, as well as what recommendations the agency is making to the Department of Justice. Time to start burying that committee in letters! Listed below are the current committee members. They might change after the new Congress in January but most will remain the same.

Senator Patrick Leahy, D Vermont, Senator Herb Kohl, D Wisconsin, Senator Dianne Feinstein, D California, Senator Chuck Shumer, D NewYork, Senator Dick Durbin D Illinois, Senator Sheldon Whitehouse, D Rhode Island, Senator Amy Klobuchar, D Minnesota, Senator Al Franken, D Minnesota, Senator Christopher Coons, D Delaware, Senator Richard Blumenthal, D Connecticut, Senator Chuck Grassley, R Iowa, Senator Orrin Hatch, R Utah, Senator Jon Kyl, R Arizona, Senator Jeff Sessions, R Alabama, Senator Lindsey Graham, R South Carolina, Senator John Cornyn, R Texas, Senator Michal Lee, R Utah, and Senator Tom Coburn, R Oklahoma. When you write them be sure to address your letters and emails to Judicial Committee Member Senator so and so, or address the letters to the committee as a whole. This is important as Senators do not address concerns of the constituents of other Senators and they will tell you to write your own Senator, but as the committee or a member of the committee they should take your letter under consideration.

PLEASE CONTINUE READING AT “STATE JOURNAL”...

Right now, five adults await death in prison for non-violent, marijuana-related crimes. Their names are John Knock, Paul Free, Larry Duke, William Dekle, and Charles “Fred” Cundiff.

Marijuana Crimes: Five Senior Citizens Serving Life Without Parole For Pot

AlterNet  |  By Kristen Gwynne Posted: 12/26/2012 11:16 am EST

Should five non-violent offenders die behind bars for a crime Americans increasingly believe should not even be a crime?

December 23, 2012  |  

Photo Credit: Farsh/ Shutterstock.com

Right now, five adults await death in prison for non-violent, marijuana-related crimes. Their names are John Knock, Paul Free, Larry Duke, William Dekle, and Charles “Fred” Cundiff. They are all more than 60 years old; they have all spent at least 15 years locked up for selling pot; and they are all what one might call model prisoners, serving life without parole. As time wrinkles their skin and weakens their bodies, Michael Kennedy of the Trans High Corporation has filed a legal petition with the federal government seeking their clemency. Otherwise they will die behind bars for selling a drug 40% of American adults have admitted to using, 50% of Americans want legal, and two states have already legalized for adult use. Since these men were convicted of these crimes many years ago, public opinion and policy related to marijuana have shifted greatly. Should these five non-violent senior-citizen offenders die behind bars for a crime Americans increasingly believe should not even be a crime?

1. John Knock, 65, has been incarcerated for more than 16 years. The only evidence against him was the testimony of informants; Knock was convicted of conspiracy to import and distribute marijuana. The judge sentenced him to 20 years for money laundering plus not one, but two terms of life-without-parole -- a  punishment typically reserved for murderers. Despite the uniquely unjust sentence, the 11th Circuit Court of Appeals and the U.S. Supreme Court denied his pleas for reconsideration via appeal or court order.
Waiting for death in jail, Knock suffers from chronic sinus problems linked to an untreated broken nose. Due to circulatory problems, one of his ankles swells to twice its size. Knock also suffers from what the legal petition called “untreated" hearing and vision problems. Easing some of his pain are visits from his family and his participation in prison programs. He has taught home building and physical education inside the prison that has become his home. According to the legal petition, he is assured employment and a home should his sentence be commuted.

2. Before he was incarcerated, Paul Free obtained a BA in marine biology and was starting a school while teaching English in Mexico. Now 62, he has continued his passion for education behind bars, where he has lived for the past 18 years. Free helps inmates prepare for the General Equivalency Diploma tests, and according to the petition, prison officials have applauded Paul’s hard work and his students’ high graduation rate. Paul suffers from degenerative joint disease, failing eyesight, sinus problems, and allergies, and he has had 11 skin cancers removed.

3. Once a union carpenter, Larry Duke, a 65-year-old decorated Marine, has spent the last 23 years of his life behind bars for weed. On top of the difficulties life in prison lays on the psyche, Duke suffers from post-traumatic stress disorder stemming from multiple tours in the Vietnam war. Like Knock, Duke received two life sentences without parole for a non-violent marijuana conspiracy, and was unsuccessful at appeal. According to the legal petition, Duke is the longest-serving nonviolent marijuana prisoner in the nation.  
Despite his incarceration in a country that has failed him, Duke works from behind bars to design patentable concepts that would assist the general public. While locked up, he has already managed to obtain a federal patent for a water-delivery system he plans to market to the U.S. Department of Defense. According to the legal petition, Duke enjoys the support of his wife and a growing family including two children, two grandsons, three siblings and many nieces and nephews. “They all want him to come home and be part of their lives and dreams,” the petition said.

4. William Dekle, 63, is also a former U.S. Marine serving two life sentences without parole, 22 of which he has already completed in a Kentucky penitentiary. Despite the depressing possibility that he will die behind bars, Dekle has participated in more than 30 prison courses, including counseling other inmates. Before his conviction, Dekle was a pilot certified in commercial and instrument flying, as well as multiengine aircraft. Now he suffers from a chronic knee injury. He is supported by his wife, two daughters, and grandchildren, who call him “Papa Billy.” Dekle’s relatives would ensure a stable home environment should he be granted clemency, the legal petition said.

5. Charles “Fred” Cundiff is a 66-year-old inmate who has served more than 20 years of his life sentence for marijuana. Before the marijuana arrest that changed his life forever, he worked in construction, retail and at a plant nursery. In prison, he worked for Unicor (Federal Prison Industries) for 12 years before his declining health interfered with his ability to work. Battling skin cancer, eye infections, and severe arthritis in his spine, Cundiff uses a walker. While the legal petition makes no mention of family, it says he is regularly visited by “friends from his youth.”
While these men have all spent many years behind bars for crimes they were convicted of many years ago, the same draconian punishments are handed down to marijuana criminals -- young and old -- to this day. Conspiracy charges, combined with mandatory minimums for marijuana sale and firearms charges, can quickly add up to decades behind bars. Should anyone in the entire criminal operation have a gun (legal or not), everyone involved can be charged with firearm possession during a drug offense, a five-year mandatory minimum that can reach 20 if the person is charged with continuing criminal enterprise -- a long-term, large-scale operation. In the end, these sentences are often not applied, but used to encourage guilty pleas in exchange for a lesser sentence.

Marijuana prisoner Chris Williams is an example of one such case. He was recently facing a mandatory minimum of 85 to 92 years behind bars for providing medical marijuana in Montana, where it is legal. Citing a moral opposition to plea bargains forced by the threat of a lifetime in jail, WIlliams rejected a deal that would have drastically reduced his sentence by cutting away mandatory minimums. Then, this Tuesday, federal prosecutors agreed to drop six of eight of Williams’ charges, provided he waive his constitutional right to appeal. Now Williams faces a mandatory minimum of five years for the firearm-related charge, and another five for distribution.

“With the rest of my life literally hanging in the balance, I simply could not withstand the pressure any longer,” Williams said in a statement. “If Judge Christensen shows mercy and limits my sentence to the five-year mandatory minimum, I could be present at my 16-year-old son’s college graduation. This would most likely be impossible had I rejected the latest compromise.”

Kristen Gwynne covers drugs at AlterNet. She graduated from New York University with a degree in journalism and psychology.

CONTINUE READING....

UPDATED: Marijuana Reformers Have Mixed Feelings About Drug Warrior Dianne Feinstein Heading Up Judiciary Committee

Mike Riggs|Dec. 19, 2012 2:53 pm

Big, big update: CNN is reporting that Leahy has passed up the Appropriations Committee chair position, and will stay with Judiciary.

Judiciary Committee Chair Sen. Pat Leahy (D-Vt.) bolstered the hopes of marijuana policy reformers last week when he sent a letter to President Obama's drug czar discouraging federal raids in Colorado and Washington and promising to hold committee hearings on the conflicts between state and federal drug laws.

A week later, Leahy's letter might as well have been a dream. He's leaving the Senate Judiciary Committee to take over Sen. Daniel Inouye's seat at Appropriations, and Sen. Dianne Feinstein (D-Calif.), a committed drug warrior, is set to take over Judiciary.

"It took a moment or two for my fingers and toes to uncurl" after hearing the news, wrote Allen St. Pierre, director of the National Organization for the Reform of Marijuana Laws, in an email.

Despite the fact that "cannabis is more socio-politically accepted [in Feinstein's base of San Francisco] than any where else in the nation...[Feinstein] is one of the most anti-cannabis politicos in the modern era," St. Pierre said.  "Looks like most of the reform action will continue at the state level for the next few years, notably if Feinstein bottles up any federal legislation that may have a chance of rising out of committee hearings."

St. Pierre has good cause for concern. In 2009, Feinstein wrote a letter to a constituent saying that while she "recognizes marijuana may have medicinal properties" and doesn't "oppose further research on the potential medical efficacy of marijuana," she is opposed to "the legalization of any narcotic drugs, including marijuana." In 2010, Feinstein spoke out against Prop 19, the California ballot measure that sought to legalize recreational marijuana, calling it "a jumbled legal nightmare that will make our highways, our workplaces and our communities less safe."

Whether she still feels this way is yet to be seen. As incoming head of the Judiciary Committee, Feinstein has already said her first priority in 2013 will be gun control.

Still, some marijuana reformers are hopeful that Feinstein, in light of the success of ballot initiatives legalizing marijuana in Colorado and Washington, will be better on marijuana than her record suggests. 

"We look forward to working with Sen. Feinstein to develop a federal marijuana policy that respects the will of the voters in those states that have chosen to replace the underground marijuana market with a system in which marijuana is regulated and taxed similarly to alcohol," the Marijuana Policy Project's Steve Fox said in a statement.

"President Obama recently highlighted the need for a conversation about how to reconcile state and federal marijuana laws. We hope Sen. Feinstein will facilitate that discussion so that we can arrive at a legislative solution that advances a state-based approach that does not undermine federal interests."

Others are coming down between Fox and St. Pierre--hopeful, but not too hopeful.

"While she hasn't exactly been a friend to marijuana reform over the years, the fact is that public opinion is squarely on the side of letting states legalize marijuana if they want to," said Tom Angell of Marijuana Majority. "And politically speaking, it's just going to be increasingly difficult for a Democrat to get away with using the Judiciary Committee chairmanship as a platform for drug war cheerleading."

Angell hopes that Feinstein will "move forward with Chairman Leahy's plans," but also sees a way for Leahy to affect drug policy on the Appropriations Committee. "Hopefully Sen. Leahy, if he does indeed take over the Appropriations chairmanship, will help see to it that some of the most ineffective punishment and interdiction-focused drug war programs are de-prioritized or eliminated."

CONTINUE READING...

NJ Weedman - Explains his defense ...

RE: Marc Emery

President's pot comments prompt call for policy

 

 

SAN FRANCISCO (AP) — President Barack Obama says he won't go after pot users in Colorado and Washington, two states that just legalized the drug for recreational use. But advocates argue the president said the same thing about medical marijuana — and yet U.S. attorneys continue to force the closure of dispensaries across the U.S.

Welcome to the confusing and often conflicting policy on pot in the U.S., where medical marijuana is legal in many states, but it is increasingly difficult to grow, distribute or sell it. And at the federal level, at least officially, it is still an illegal drug everywhere.

Obama's statement Friday provided little clarity in a world where marijuana is inching ever so carefully toward legitimacy.

That conflict is perhaps the greatest in California, where the state's four U.S. Attorneys criminally prosecuted large growers and launched a coordinated crackdown on the state's medical marijuana industry last year by threatening landlords with property forfeiture actions. Hundreds of pot shops went out of business.

Steve DeAngelo, executive director of an Oakland, Calif., dispensary that claims to be the nation's largest, called for a federal policy that treats recreational and medical uses of the drug equally.

"If we're going to recognize the rights of recreational users, then we should certainly protect the rights of medical cannabis patients who legally access the medicine their doctors have recommended," he said.

The government is planning to soon release policies for dealing with marijuana in Colorado and Washington, where federal law still prohibits pot, as elsewhere in the country.

"It would be nice to get something concrete to follow," said William Osterhoudt, a San Francisco criminal defense attorney representing government officials in Mendocino County who recently received a demand from federal investigators for detailed information about a local system for licensing growers of medical marijuana.

Assemblyman Tom Ammiano said he was frustrated by Obama's comments because the federal government continues to shutter dispensaries in states with medical marijuana laws, including California.

"A good step here would be to stop raiding those legal dispensaries who are doing what they are allowed to do by law," said the San Francisco Democrat. "There's a feeling that the federal government has gone rogue on hundreds of legal, transparent medical marijuana dispensaries, so there's this feeling of them being in limbo. And it puts the patients, the businesses and the advocates in a very untenable place."

Obama, in an interview with ABC's Barbara Walters, said Friday that federal authorities have "bigger fish to fry" when it comes to targeting recreational pot smokers in Colorado and Washington.

Some advocates said the statement showed the president's willingness to allow residents of states with marijuana laws to use the drug without fear of federal prosecution.

"It's a tremendous step forward," said Joe Elford, general counsel for Americans for Safe Access. "It suggests the feds are taking seriously enough the idea that there should be a carve-out for states with marijuana laws."

Obama's statements on recreational use mirror the federal policy toward states that allow marijuana use for medical purposes.

"We are not focusing on backyard grows with small amounts of marijuana for use by seriously ill people," said Lauren Horwood, a spokeswoman for U.S. Attorney Benjamin Wagner in Sacramento. "We are targeting money-making commercial growers and distributors who use the trappings of state law as cover, but they are actually abusing state law."

Alison Holcomb, who led the legalization drive in Washington state, said she doesn't expect Obama's comment to prompt the federal government to treat recreational marijuana and medical marijuana differently.

"At this point, what the president is looking at is a response to marijuana in general. The federal government has never recognized the difference between medical and non-medical marijuana," she said. "I don't think this is the time he'd carve out separate policies. I think he's looking for a more comprehensive response."

Washington voters approved a medical marijuana law in 1998, and dispensaries have proliferated across the state in recent years.

Last year, Gov. Chris Gregoire vetoed legislation that would have created a state system for licensing medical dispensaries over concern that it would require state workers to violate the federal Controlled Substances Act.

For the most part, dispensaries in western Washington have been left alone. But federal authorities did conduct raids earlier this year on dispensaries they said were acting outside the state law, such as selling marijuana to non-patients. Warning letters have been sent to dispensaries that operate too close to schools.

"What we've seen is enforcement of civil laws and warnings, with a handful of arrests of people who were operating outside state law," Holcomb said.

Eastern Washington has seen more raids because the U.S. attorney there is more active, Holcomb added.

Colorado's marijuana measure requires lawmakers to allow commercial pot sales, and a state task force that will begin writing those regulations meets Monday.

State officials have reached out to the Justice Department seeking help on regulating a new legal marijuana industry but haven't heard back.

DeAngelo said Friday that the Justice Department should freeze all pending enforcement actions against legal medical cannabis providers and review its policies to make sure they're consistent with the president's position. He estimated federal officials have shuttered 600 dispensaries in the state and 1,000 nationwide.

DeAngelo's Harborside Health Center is facing eviction after the U.S. attorney in San Francisco pressured his landlord to stop harboring what the government considers an illegal business.

"While it's nice to hear these sorts of positive words from the president, we are facing efforts by the Justice Department to shut us down, so it's hard for me to take them seriously," DeAngelo said.

The dispensary has a hearing Thursday in federal court on the matter.

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Associated Press writers Terry Collins in San Francisco and Manuel Valdes in Seattle contributed to this report.

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