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.
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.
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
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.
25 year-old Patricia Spottedcrow’s story typifies the excessive and unnecessary drug charges leveled against first time offenders. She’ll be spending the next 12 years behind bars for selling $31 worth of marijuana ($31? An additional buck for the baggie?). This video gives a face to an all too common story.
On January 11, 2010 the New Jersey Compassionate Use Medical Marijuana Act was passed by the Legislature and later signed by then-governor Jon Corzine. It marked the 14th US state to create legal access to cannabis for seriously ill residents.Lawmakers and advocates expected the program to be running by the fall of 2010 but the new governor, Chris Christie, has put up significant hurdles in the regulatory process.Currently there is no medical marijuana program running in the Garden State. The NJ Department of Health and Senior Services (DHSS) launched a controversial physician registry for doctors to begin recommending cannabis to their patents.DHSS representatives said in a phone call today that 69 doctors in 18 counties had registered so far, but the system to allow the registry of patients has not been brought online.
Diane Fornbacher with her family in NJ. Photo by Kevin Monko
7/17/2011 by Justin Escher Alpert – Last night may not have seemed unique in New Jersey, another pleasant and clear summer evening the likes of which fill my memories of The Garden State. After a day with the family trolling the shore for bass, or after a day with friends hitting a links in the lush green mountains, or after a day with the kids basking in the sun at the town pool, people gathered together under the stars and a nearly full moon.
Maybe they drank sangria and maybe they made fresh fish tacos. They shared and they talked and they gossiped and maybe they thanked God for the life that they were given, for the friends and family that they have, for their past experiences and future opportunities.
And maybe, as everyone relaxed, the sweet smell of Sensimilla filled the air.
They were your doctors, your lawyers, your bankers, your hairdressers… they were the clerk at that store you love and your trainer at the gym… they were Democrats and they were Republicans (definitely Libertarians), they were gay and straight, they were Christian and Jewish and Muslim and some other religions of which you may or may not have heard. They were parents and grandparents. They were friends and neighbors.
No, last night wasn’t particularly different than any other summer night in The Garden State. Last night was beautiful.
Do you know any of those people who got together last night? Those people who are adults and have lived their lives according to the rules, and studied hard, and married the right person, and are raising their kids properly, and are working real hard but don’t always get it right… do you know any of those folks? The folks navigating their lives pursuant to the sum of their past experiences and doing the best to captain their own ships?… do you know any of those folks?
Come in real close… I have a favor to ask. Do you think you could ask just a few of those folks to write to their State legislators?
We’re not asking them to light up a doobie on the State House steps in protest… No, just a simple email to their legislators.
Dear Senator _________, Assemblyman/woman __________, and Assemblyman/woman __________,
I support the intention of the New Jersey Compassionate Use Medical Marijuana Act and believe that safe, effective, and legal medicinal marijuana ought to be made immediately and readily available to those patients who might benefit upon the recommendation of their physician.
I also support Assembly Bill A4252, which would decriminalize possession of 15 grams or less of marijuana.
I am an adult and believe that other adults are capable of making responsible choices when it comes to the use of marijuana.
Sincerely,
Name
Address
Phone
Do you think you could ask them to do that?… Your friends and neighbors? They are adults now, with real jobs and real families and it is their real destiny to be in the place to make the decisions about the rules that will govern their real lives.
There is no telling what we will be able to accomplish together when we are honest with ourselves, and we ask others to be honest with themselves.
Read it, digest it, talk about it, copy it, paste it, email it, post it, share it, like it.
Today will be another beautiful summer day in The Garden State.
Justin Escher Alpert is an attorney, writer, musician, actor, activist, husband, father, friend, and neighbor, and he lives his life to the best of his abilities with his family in Livingston, New Jersey.
[Editor’s Note – Justin walks-the-walk by keeping up a regular email dialogue to NJ legislators and testifying in Trenton (video below). Freedomisgreen posts commentary and other submitted content that is exclusive to the site. If you are interested in sending text or photos please contact [email protected] .]
Marijuana reform signs at Occupy Philadelphia 10/10/2011 – Photo by Chris Goldstein
2/2/2012 – A progressive activist is getting national attention after announcing his run for US Congress in Pennsylvania’s 13th District. Nathan Kleinman, 29, is seeking the Democratic nomination from incumbent Allyson Schwartz. Kleinman has been consistently involved with Occupy Philadelphia on the front lines of many protest actions and in the General Assembly process.
Some of of Kleinman’s talking points as a potential candidate include ending marijuana prohibition and re-thinking the drug war.
A recent Times-Herald article pointed out:
Kleinman said he plans to stump on civil liberties issues, including marriage equality for lesbian, gay, bisexual and transgender (LGBT) Americans, and advocates complete decriminalization of marijuana and drug policy reform. He said Schwartz has let down her constituents by being silent on topics that matter. read full
No stranger to politics, Kleinman worked on several high-profile campaigns and did a stint as a legislative assistant for a PA state representative. Still, this is his first run for office.
Freedomisgreen.com caught up with Nate yesterday; he was brimming with excitement while planning the next steps for the campaign. “It was really amazing when the first people came out to sign the petition…there’s so much support. That’s why we’re going to win this.”
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]
5/25/2011 – When the Philadelphia Weekly video team hit the streets to talk about marijuana laws many officials were shy of the camera. But reporter Matt Petrillo did speak with Philly’s District Attorney Seth Williams and US Congressman Chaka Fattah in this new video. Both of these respected politicians call for a more sensible approach to marijuana, one that does not involve jail.
The video also features footage of the PhillyNORML South St. Cannabis Peace March on May 21, 2011.
Questions? Contact editor Chris Goldstein [email protected] or 267 702 3731
This week advocacy organizations are holding events in dozens of communities calling for an end to the Drug War. President Nixon declared the failed effort 40 years ago – June 17, 1971.
More than 800,000 Americans are arrested each year for marijuana violations, more than for all other drugs combined.
From information workshops with activists to somber candle-light vigils for victims this is a poignant moment to take action. Below is a listing of events on the east coast – if we missed any please email [email protected] and we’ll be sure to add it here!
Drug Policy Alliance – Newseum Press Conference and Lunch
June 16, 2011 at 12:30PM-1:30PM
The Newseum, Knight Studio A, 555 Pennsylvania Ave., N.W.
Ethan Nadelmann, executive director, DPA
Jared Polis, Member of the U.S. House of Representatives from Colorado’s 2nd district
Peter Shumlin, Governor of Vermont
Sonja Sohn, actress from acclaimed HBO Series “The Wire”
Maxine Waters, Member of U.S. House of Representatives from California’s 35th district http://nomoredrugwar.org/content/40th-anniversary-press-conference-and-lunch
New Hampshire Teapot Party
Vigil for victims of the War on Drugs
Friday, June 17 · 8:00pm – 11:00pm
Sidewalk in front of the Statehouse 107 N. Main Street Concord, NH https://www.facebook.com/event.php?eid=225768200785782
Direct Action for Rights and Equality
Block Party
The intersection of Lockwood & Hayward Streets Providence, RI http://www.daretowin.org/
HempCT (Here Ends Marijuana Prohibition- CT)
End the Drug War
June 18, 2011 at 11:00 AM – 5:00 PM
Bushnell Park Pavilion- Hartford http://www.hempct.org/
PhillyNORML
No More Drug War
June 17, 2011 at 8:00PM to 9:00PM
Independence Mall – 5th Street and Arch Street Philadelphia, PA www.phillynorml.org
Institute of the Black World 21st Century’s Black Family Summit Forum on the War on Drugs
National Press Club: 529 14th Street Northwest
Washington, D.C.
Rev. Jesse Jackson Sr., Congressmen John Conyers Jr. and Bobby Scott. Institute of the Black World http://www.ibw21.org/
George Washington School of Law
June 17, 2011 at 8:00 PM – 9:00 PM
Lafayette Park 1600 Pennsylvania Avenue Northwest, Washington D.C Facebook Event Page SSDP National Media Contact: Stacia Cosner 410-299-3433
On-site Media Contact: Irina Alexander [email protected] 410-971-6588
West Chester University Students for Sensible Drug Policy
June 17, 2011 at 4:30 PM – 7:30 PM
High and Market Street, 2 North High Street West Chester, PA 19380 Facebook Event Page On-site Media Contact: Joshua Merer 908-358-6026 [email protected] or Trevor Hosterman 610-812-2235 [email protected]
West Virginia UniversityJune 17, 2011 at 7:00 PM – 10:00 PM
De Lazy Lizard: 345 High Street Morgantown, WV Facebook Event Page
On-site Media Contact: Tom Wytiaz [email protected] 304-203-3842
SSDP National Media Contact: Stacia Cosner [email protected] 410-299-3433
University of Miami
June 17, 2011 at 8:00 PM
Miami Beach Police Station
1100 Washington Avenue, Miami Beach, FL 33139 Facebook Event Page On-site Media Contact: Alfred Kilzi [email protected] 3054981616 or Sabrina Koramblyum [email protected] 917-753-5620
University of Rhode IslandJune 17, 2011 8:00 PM – 9:00 PM
India St. Providence RI 02903 Facebook Event Page
On-site Media Contact: Kristin Purvis [email protected] 401-714-6458
SSDP National Media Contact: Stacia Cosner [email protected] 410-299-3433
Columbia University
June 17, 2011 8:00 PM – 9:00 PM
Columbia U. Sidewalk – 116th Street and Broadway New York NY 10027 Facebook Event Page
On-site Media Contact: Katharine Celentano, [email protected], 914 420 2525
6/15/2011 by Chris Goldstein – State Representative Mark B. Cohen has re-introduced a bill to regulate medical cannabis in the Keystone State. The legislation, HB1653, has a new name: The Governor Raymond P. Shafer Compassionate Use Medical Marijuana Act. This refers to the Republican former governor (1967-1971) and PA party leader.
In 1971 Shafer was picked by President Richard Nixon to direct The National Commission on Marihuana and Drug Abuse. Working in an early form of the Controlled Substances Act, marijuana was classified as a prohibited drug. This was thought to be temporary and the blue-ribbon panel was tasked with exploring the issue to determine the final placement .
The team of sociologists, psychologists, physicians, lawmakers and policy experts toured the country to conduct careful research and observations. Shafer then led the effort to craft the final report: “Marihuana: A Signal of Misunderstanding.” It was strikingly candid. The conclusion was that cannabis should not remain in the current narcotic drugs scheme. The Commission went further, recommending that personal possession of cannabis – even transfer for no remuneration – should be decriminalized.
There were also some very clear recommendations for medical use:
Historical references have been noted throughout the literature referring to the use of cannabis products as therapeutically useful agents. Of particular significance for current research with controlled quality, quantity and therapeutic settings, would be investigations into the treatment of glaucoma, migraine, alcoholism and terminal cancer. Read full report
President Nixon was not pleased with the Commissions’ assessments and chose to leave them out of policy. Cannabis remains in Schedule I of the Controlled Substances Act describing it as having “no medical value.” This is why states pass compassionate use laws for seriously ill residents.
Rep. Cohen first introduced the medical marijuana legislation in Pennsylvania in 2009. Public support has been very strong: Franklin&Marshall showed 81% voters back the issue.
Rep. Matthew Baker (R) chairs the House Health Committee where HB 1653 has been referred. He has expressed fierce opposition to the concept of medical marijuana. However Baker did allow a healthy debate, overseeing several hours of Committee testimony in 2009.
State Senator Daylin Leach re-introduced the compassionate use bill in April, so the measure is now active in both chambers. SB1003 is on the desk of the Senate Public Health and Welfare Committee chaired by Sen. Patricia Vance (R). A registered nurse, Vance has not taken a strong position on the medical cannabis issue. But she has stalled the bill; refusing to hold a hearing or call a vote.
Republican legislators in Harrisburg have been shy of the popular topic despite a Quinnipiac poll showing that 49% of Republican voters in PA support the medical cannabis bill.
The “War on Drugs” was declared by President Nixon 40 years ago this week. A majority of those efforts have been directed against marijuana consumers. There were more than 25,000 arrests last year in Pennsylvania just for possession of 30 grams or less. There is no data on exactly how many medical marijuana patients have become victims of prohibition.
The name of the PA compassionate use bill is a fitting memorial to Governor Shafer. Applying his vision for a common sense marijuana policy would be a great benefit for Pennsylvanians 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. Questions? [email protected]
Medical cannabis growing in Oakland, CA – photo by C. Goldstein
It wasn’t easy. When it comes to growing and supplying medical marijuana New Jersey ran the most expensive application process seen to date. Just a handful of groups tried and yesterday The Department of Health and Senior Services announced the first six to gain approval. Candidates had to overcome short deadlines, unclear regulations and significant capitalization all to run a not-for-profit business.
One group wanted to offer medical cannabis at the lowest possible cost, but they were not among those selected. Their innovative plan had the blessing of a local township and would have supplied medical marijuana at an astounding discount.
Freedomisgreen.com spoke with two of the individuals in the Compassion Collective of Camden County who had hoped to serve patients at less than $200 per ounce.
Peter Rosenfeld is the Chairman of the Board and crafted the application. He also provided the nonrefundable portion of the application fee.
How did the municipal officials respond to the ATC concept?
The officials we spoke to in the business development group were interested…they said it was unusual but it was interesting. After we gave them a presentation they thought it would be a well-controlled organization and well regulated by the state. They thought this would fit well into Pennsauken.
We were going to be growing it in a flex manufacturing zone. Our initial concern was if we needed to find a separate zone for the dispensary area. We wanted to have two locations, one for growing and one for dispensing, but I was terribly fearful of the transportation between the two. But we ended up with one location for both.
Did you know any of the individuals in the groups that were selected?
No.
Would you go through the application process again?
Let me tell you the next time around there’s going to be hundreds of applications and the competition is going to be fierce; because I expect the regulations will have been modified to a more sensible model. There are a lot of people waiting in the wings who would like to apply when the situation is more business oriented.
Tell us about the model you wanted to pursue
To offer cannabis to patients at the lowest cost possible while operating as a true non-profit.
How much?
$160 per ounce. But our goal was to lower it over time as the operation expanded… but we had a sliding scale. It was a 4-tier scale.
How did you get the cost down?
A highly efficient hydroponics assembly line, all while keeping labor down due to the automation.
What was the biggest hurdle in the application process?
The short turnaround time. From the time the final RFA rules came out to the due date was six business days: From Feb 3rd to Feb 14th
Then; how to capitalize it. Because I needed start up [investment money] even for the non-profit. I didn’t want any ownership in the ATC from anyone who wanted to make a profit. It all had to be a true business loan.
So you gave over a $20,000 check and will get $18,000 back. How do you feel about the other two grand?
It would have been a nice vacation.
Why do you think you didn’t get awarded a permit?
Probably because our model was too small for what the state was looking for. I based our model on reasonable conditions and I was expecting a rather small number of patients.
Next we spoke with Jeffrey Pollack MD, a physician in Cape May County who was named as the Medical Director on the application.
What do you think of the six centers that got a permit?
South Jersey was left out. There are no facilities in the very southern part of the state like Cape May.
What do you think about the registry that DHSS is requiring for physicians to recommend cannabis?
It severely limits the field of doctors who can recommend marijuana. They make you fill out a form on the DHSS website showing that you have a certification in pain management and addiction control. Classically it has been oncologists who have been most vocal in recommending cannabis to their patient. They are not experts in pain management but they are losing patients to chemotherapy every day. Essentially what this does is create de facto “Marijuana Specialist” doctors in New Jersey.
