Attorney: Just Say No to Police

Bill Buckman at the PhillyNORML Freedom Forum 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey. He enjoys old-school hip-hop, vintage airplanes and changing the world. Contact chris { at } freedomisgreen.com

Behind the Scenes: The Dr. Oz Medical Marijuana Show

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

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

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

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

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

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

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

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

Diane with Cheryl and Jim Miller in 2001

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

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

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

Dr. Oz and Montel Williams image from oprah.com

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

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

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

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

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

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

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

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

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

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

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

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

10 Fast and Freewheeling Weed Quotes

Quotes are kinda like quick and easy snack food for the brain. Here’s some mental potato chips for your mind munching, thanks to the good folks at Baked Life.

1. “Even if one takes every reefer madness allegation of the prohibitionists at face value, marijuana prohibition has done far more harm to far more people than marijuana ever could.”- William F. Buckley Jr.

2. “Forty million Americans smoked marijuana; the only ones who didn’t like it were Judge Ginsberg, Clarence Thomas and Bill Clinton.” – Jay Leno

3. “I now have absolute proof that smoking even one marijuana cigarette is equal in brain damage to being on Bikini Island during an H-bomb blast” – Ronald Reagan

4. “The drug is really quite a remarkably safe one for humans, although it is really quite a dangerous one for mice and they should not use it.” – J.W.D Henderson Director of the Bureau of Human Drugs, Health and Welfare, Canada

5. “Casual drug users should be taken out and shot.” – Darryl Gates Head of Los Angeles Police Department, United States Senate Judiciary Committee

6. “When I was in England, I experimented with marijuana a time or two, and I didn’t like it. I didn’t inhale and never tried it again.” –Bill Clinton

7. “When I was a kid I inhaled frequently. That was the point.” – Barack Obama

8. “Now, like, I’m President. It would be pretty hard for some drug guy to come into the White House and start offering it up, you know? I bet if they did, I hope I would say, ‘Hey, get lost. We don’t want any of that.” – George W. Bush

9. “I think pot should be legal. I don’t smoke it, but I like the smell of it.” – Andy Warhol

10. “I used to smoke marijuana. But I’ll tell you something: I would only smoke it in the late evening. Oh, occasionally the early evening, but usually the late evening – or the mid-evening. Just the early evening, midevening and late evening. Occasionally, early afternoon, early midafternoon, or perhaps the late-midafternoon. Oh, sometimes the early-mid-late-early morning. . . . But never at dusk.” – Steve Martin


BONUS QUOTES!!!  BONUS QUOTES!!! BONUS QUOTES!!!  BONUS QUOTES!!!

“I used to do drugs. I still do, but I use to, too.” -Mitch Hedberg

“Some of my finest hours have been spent on my back veranda, smoking hemp and observing as far as my eye can see.” – Thomas Jefferson

Editor’s Note – The TJ quote was unattributed – LINK. The following however is fully attributed.

“Make the most of the Indian hemp seed, and sow it everywhere!”
George Washington in a note to his gardener at Mount Vernon (1794), The Writings of George Washington, Volume 33, page 270 (Library of Congress)