Press Release June 17, 2011 – NJ Marijuana

WHAT: Press conference and vigil in Trenton – No More Drug War

WHERE: State House steps, Trenton, New Jersey

WHEN: FRIDAY JUNE 17, 2011 —-  12:00PM to 1:00PM

CONTACT: Chris Goldstein 267 702 3731 [email protected]

President Nixon signed an Executive Order on June 17, 1971 declaring a “war on drugs.” Forty years later this failed policy has destroyed our communities and sent millions to prison. Marijuana activism groups in New Jersey are holding a press conference and vigil in Trenton. The event seeks to remember the victims of this tragic war and bring attention to new solutions for drug policy, especially for cannabis.

There are almost 60,000 drug related arrests in New Jersey each year. More than 28,000 of those arrests are for marijuana. Medical marijuana patients are caught in the crossfire all too often, with examples like NJ patients David Barnes and John Wilson.

Chris Goldstein will speak at the event, he serves on the Boards of Directors at several non-profit groups working to change marijuana laws.

“Governor Christie said last night that he is personally holding back legal access to marijuana for seriously ill residents. Coldly ignoring the clear intent of the legislature, our governor won’t even call off the drug war against AIDS and cancer patients. At this point the best way to protect medical cannabis patients is to fully decriminalize marijuana possession for all adults. ”

Massachusetts, New York and Connecticut are among fourteen states that treat marijuana possession as a civil rather than criminal offense. A civil fine is similar to a traffic ticket and does not require an arrest or jail. Assemblyman Reed Gusciora stated yesterday that he plans to introduce marijuana decrim legislation next week.

Goldstein is supportive of that possibility, “Arrests in New Jersey for marijuana violations increase every year, costing the state and municipal authorities millions of dollars. There is no better time to save our money and craft a better policy. It’s pretty simple: Do we want schools and fire departments or do we want to bust people for pot?”

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

CONTACT: Chris Goldstein 267 702 3731 [email protected]

Prince Harry gets royal marijuana treatment for NJ visit

3/28/13 by Chris Goldstein – Scores of people from around the globe have been denied legal entry into the United States because they admitted to smoking marijuana – but not Britain’s Prince Harry.

New Jersey Governor Chris Christie guaranteed that Harry will remain fully clothed during an upcoming Frankenstorm Tour visit. But before he was topless (and bottomless) in Vegas the red-haired Prince was famous for being the only known stoner in such direct succession to the throne.

In 2002 word got back to Daddy (Prince Charles) that young Harry (16 at the time) was smoking cannabis. Harry was never arrested but the family made him spend one day in a gritty London rehab clinic.

Apparently the Prince of Wales hasn’t had any intimacy with MaryJane since.

But authorities, namely the US Border Patrol, have been notoriously denying entry to the United States to anyone who says they smoked marijuana – and we’re not talking about toking on the day they are trying to cross the border … but EVER.

Sometimes those who are questioned at the border checkpoints are asked if they have used illicit drugs at some point in their lifetime. An honest answer about smoking weed (again: just one single toke at a party) can get you banned from America.

This very questionable practice seems to happen most frequently to citizens of the British Commonwealth: Canadians.

A story from Vancouver BC this week highlights what happens to the serfs:

Elevator mechanic James Sward was interrogated about his drug history during a recent trip to Washington State, and decided to admit the truth: he was busted carrying pot as a teenager, though he was never charged.

But the real trouble came when he confessed he had smoked the drug. Sward’s entry was immediately denied and he found himself banned from the country for life. full article

So how does Harry, the guy with Plantagenet in his blood and cannabis in his past, keep getting past the scrutiny of our borders?

Likely for the same reason that more than 80% of the marijuana arrests in Philadelphia are young black men:  Prohibition is not equally enforced.

Laws against pot are used with tremendous discretion especially by authorities at the street level. This is why white women are rarely arrested for weed in Philly and Harry visits when he pleases.

More than seventy years of prohibition has never been an actual deterrent to marijuana use or the underground cannabis market. Instead, these laws have had institutional biases of race and class built into enforcement since the day they were put on the books.

The truth is that recreational consumers smoke cannabis in the pursuit of happiness – exercising a basic and uniquely American civil right.

Until cannabis is completely removed from the federal Controlled Substances Act it will be working-class people of color who will continue to bear the burden of these discriminatory and unjust prohibition laws.

Only when marijuana is fully legalized can we extend the same welcome that Prince Harry enjoys to the rest of the world’s sometime cannabis consumers.

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?  chris(at)freedomisgreen.com

Privacy Improvements for Medical Marijuana Patients in Maine

from maine.gov

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]


Pro-marijuana state Rep. running for House Speaker in Maine

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]

Penn. Prosecutors: Medical Marijuana Not a Law Enforcement Question

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]


Protest Potentially Hurts 70-year-old Barbara Agro’s Case

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.

Pennsylvania Medical Marijuana Stalled In Senate Committee

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]

Public Hearing for Marijuana Legalization Planned in Maine

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

Obama Speaks Out on Recent Medical Marijuana Raids in Rolling Stone Magazine

Barack Obama and his administration seem to be a bundle of contradictions when it comes to regulations surrounding the production of medical marijuana in our country. In turn, states have been stymied (or chosen to stonewall, as in the case of New Jersey’s Governor Chris Christie) by the confusion, when attempting to enact their own state laws, fearing possible federal prosecution.

Finally, Obama speaks directly in a recent Rolling Stone interview, clarifying his position:

In the Rolling Stone interview, Obama said his view has not changed. He noted that the raids in California have focused on large-scale commercial operations that fall outside the scope of doctors prescribing medical cannabis.

“What I specifically said was that we were not going to prioritize prosecutions of persons who are using medical marijuana,” Obama said. “I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana — and the reason is, because it’s against federal law.”

Obama also pointed to presiding over a change in federal sentencing guidelines that shrank the disparity between mandatory penalties for crack and powder cocaine users. Crack users have long been hit with far harsher sentences, disproportionately affecting the minorities who are far more likely to use crack than powder cocaine.

http://www.safeaccessnow.org/

Beth Mann is a popular blogger and writer for Open Salon and Salon. She is also an accomplished artist with over 15 years of experience, as well as the president of Hot Buttered Media. She currently resides at the Jersey shore where she can be found surfing or singing karaoke at a local dive bar.

Contact: maryjane {at } freedomisgreen.com

Oklahoma Mom Jailed for 12 Years on Minor Marijuana Offense

Patricia Spottedcrow puts her things away and greets other prisoners in her dorm-style building at the Eddie Warrior Correctional Center on the first day of her incarceration at the site. Spottedcrow received a 12-year prison sentence for selling a small amount of marijuana to a police informant with her children present in Kingfisher. ADAM WISNESKI / Tulsa World

Please sign the Change.org petition now to free Patricia

Patricia M. Spottedcrow of Kingfisher, OK was featured in a Tulsa World article on Feb. 20 and published in media across the state through the nonprofit journalism group Oklahoma Watch.

The 25-year-old received a 12-year prison sentence in October after selling a total of $31 in marijuana to a police informant in December 2009 and January 2010. Her mother, Delita Starr, was also charged.

In blind guilty pleas before a judge, Spottedcrow received prison time while her mother received a 30-year suspended sentence.

The judge said Spottedcrow’s four young children being in the home at the time of the drug buys prompted the higher sentences. Neither she nor her mother had prior criminal convictions.

The judge said in a previous interview that first-time offenders are not usually sent to prison. Instead, other alternatives including treatment, are typically found.

Oklahoma City attorney Josh Welch read the story and said he decided to represent her without charge.

“I’m familiar with that county and had other cases there and what happened is so egregious and wrong,” Welch said.

Spottedcrow must serve at least 50 percent of her sentence before being eligible for parole, Welch said.

When Spottedcrow was taken from court to the jail to start her prison sentence, some marijuana was found in her jacket pocket. She received a two-year concurrent sentence for drug possession.

A state Department of Corrections pre-sentencing report stated Spottedcrow was highly likely to re-offend and did not seem to take the charges seriously.

“Let’s say everything said about this woman is true. … It’s barbaric and prehistoric to have a 12-year sentence for that and have to serve 50 percent,” Welch said. “It’s illogical.” Read more.

Spottedcrow Facebook Page

Please sign the Change.org petition now to free Patricia