Freedom Is Green

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

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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.

U.S. President Barack Obama listens to students in a roundtable discussion about the rising costs of student loans while at the University of Iowa in Iowa City, April 25, 2012.”/>

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

The traditionally conservative New York Post ran a piece today by Sara Stewart about the emerging trend of NYC-based mothers increasingly using marijuana as their drug of choice, in lieu of alcohol and pills. Considering the tone of the newspaper and the stringent NYC laws surrounding marijuana (which now arrests and jails more people for possessing marijuana than any city in the U.S.), perhaps this article indicates much-needed change to come.

Keep your eye out for mention of our very own marijuana media mogul, Chris Goldstein.

And kudos to pithy Stewart who noted, “Motherhood, a famously competitive sport in this city.” So true, woman.

Erica, a resident of the trendy DUMBO neighborhood, is just like any other busy Brooklyn mom with a small child, juggling play dates, naptime, temper tantrums and PB&Js. The difference: She counters the daily chaos by lighting up a joint.

“I think it’s a pretty common thing,” confesses 33-year-old Erica (not her real name), mother to a 4-year-old daughter. “That’s how some mommies cope with stress.”

Motherhood, a famously competitive sport in this city — especially in the tonier neighborhoods of Brooklyn — seems to be sending increasing numbers of stressed-out women bong-ward. As marijuana grows in acceptance (it was just decriminalized in neighboring Connecticut earlier this month, and is legal for medicinal purposes in 16 states and in Washington, DC), the leafy green drug is becoming a hipper alternative to that old standby, alcohol.

“Some moms are drinking very early in the day, starting around 4,” says Erica, who says she isn’t a fan of getting plastered. “I would rather smoke a bowl, take the edge off and go about my day.”

Whenever the mood strikes when she’s home — “I don’t travel with it,” she says — she’ll take a hit or two and transform into Mellow Mom. “When you’re smoking, you’re on a different level,” she says. “Things don’t frustrate you as much.”

She’s in good company.

Read more.

7/26/2011 – Medical marijuana legislation is nothing new to New York or Connecticut. A serious push was seen in Hartford earlier this year and Albany has considered bills for over a decade. Despite considerable public support and a growing choir of patient voices, neither state has passed a law. Now, statements from New Jersey’s conservative Governor Chris Christie have elected officials in NY and CT looking at their future cannabis options.

Rhode Island, Maine and Vermont  have working medical cannabis programs and even some open dispensaries. But Gov. Christie was a federal prosecutor for seven years prior to being elected governor. During a July 19th press conference about medical marijuana he offered an insightful discussion of the various “intersections” between state and federal laws.

It is important to note that NY and CT are considering very narrow and limited bills, modeled after New Jersey.

The Hartford Advocate reported on 7/25

A bill to legalize medical marijuana in Connecticut kind of withered away in the 2011 General Assembly, never reaching a vote in the state House or Senate. The bill’s supporters say the intense focus on state budget problems and concerns about how to grow and regulate medical pot created roadblocks for a bill similar to one that passed and was vetoed by Republican Gov. M. Jodi Rell several years ago.

Gov. Dannel Malloy supports legalizing medical marijuana in Connecticut. His top criminal justice adviser, Michael Lawlor, says he expects new legislation modeled on the systems in New Jersey, Rhode Island and similar programs in other states will pass the legislature in 2012.

Lawlor says it’s very unlikely the new bill will be anything like the freewheeling medical pot program in California. “They’re selling pot brownies in the shop windows out there,” says Lawlor. read full

New York Governor Andrew Cuomo made a slight shift in his medical cannabis position. Because he was so staunchly against the issue, his comments are notable.  On 7/25 the Elmira Star-Gazette reported:

Cuomo, a Democrat, has not supported medical marijuana in the past, and he said he has not changed his position. He did, however, leave the door open on the issue.

“We have proponents of the policy. I know New Jersey’s looking at it. We have opponents of the policy,” he said. “We’re talking to both sides of the issue, if you will, and we’re reviewing it, but we don’t have a final position.”

The governor said that while he hadn’t changed his stance, “We’re always learning and listening and talking and growing, we hope.”

New Jersey became the 16th state to legalize medical marijuana under legislation signed by Christie’s predecessor.

Legislation to allow patients with debilitating illnesses to use marijuana if they are registered with the state and receive a prescription from their physician has passed the Assembly before but never the Senate. Under the bill, sponsored by Assemblyman Richard Gottfried and Sen. Thomas Duane, both Manhattan Democrats, hospitals and pharmacies would do the bulk of the dispensing. The maximum amount that could be dispensed would be 2.5 ounces. read full

Actually NJ was the 14th state to pass a medical marijuana law when legislation was signed in 2010;  Arizona and Delaware were #15 and #16.

Will these heavily restrictive schemes for marijuana actually work for seriously ill patients? That remains to be seen.

What is more certain is that regulated medical cannabis growing in the Garden State – with the blessing of a former US Attorney – could have a significant influence on New York and Connecticut.

4/3/2011 – The East Coast continues to come alive with bills to allow legal access to cannabis for seriously ill residents. House Bill 577 The North Carolina Medical Cannabis Act was introduced by sponsoring legislators on Thursday March 31. This is the third time in five years that the Tar Heel State has tried for similar legislation. Local media isn’t giving the current effort much of a chance, but regional support is trending in favor of the concept.

Asheville Citizen-Times: Rep. Patsy Keever, D-Buncombe, is one of three primary sponsors of the North Carolina Medical Cannabis Act filed on Thursday.

The legislation would allow patients with debilitating medical conditions to use marijuana to alleviate their symptoms. It would set up a system for operating medical cannabis centers and growing marijuana for medical use.

Keever said marijuana has proved to be a good, affordable pain reliever for people who suffer from chronic illnesses or are undergoing cancer treatments. She said the state could also make money from growing it.

“We’re not saying that we want everyone smoking weed,” Keever said. “We want people to be alleviated from their pain.”

Medical use and cultivation of marijuana is legal in 15 states and the District of Columbia, but no Southern states have legalized the drug for medical use.

Similar medical marijuana bills introduced in North Carolina have gained little traction. Previous legislation introduced in past sessions never made it to the floor.  read more

NC joins over a dozen US States with active legislation considering safe access. Most of the states with existing laws operate some type of system for patients to grow, posses and/or purchase medical cannabis.

Activism link: http://www.nccpn.org/

Diane speaking on the NWA panel

4/29/2011 by Diane Fornbacher – As the NORML Women’s Alliance (NWA) Vice Chair and Grassroots Activism Editor at Freedomisgreen.com, I was very proud to speak on the ‘Closing The Cannabis Gender Gap’ panel. I spoke about being a mother, cannabis reform activism and the D.A.R.E. program.

I was joined by Sabrina Fendrick, Chair of the NWA (who also moderated the panel) as well as Georgia Edson from Mile High NORML/Herbal Connections, Kyndra Miller of Cannabusiness Law, and Stacia Cosner who is the Associate Director of Students for Sensible Drug Policy (SSDP). We are all members of the NWA Steering Committee.

The Ballroom at the Grand Hyatt was packed and the audience was so beautiful and supportive. We received a standing ovation and our luncheon following the panel was completely sold out.

Watch the panel in its entirety here thanks to NORML Show LIVE:

Special thank you to Madeline Martinez, the Executive Director of Oregon NORML and proud Member of the Board of NORML.

National NORML’s video producer Erik Altieri stopped by for the NORML Womens Alliance Art Auction on Saturday March 26. The event raised over $1,000 for marijuana reform and the Freedomisgreen.com team was in attendance.

Today the National Organization for the Reform of Marijuana Laws (NORML) marked 40 years of fighting for an end to prohibition. While the battle has reached a high point, America’s top marijuana advocacy group took a moment to recognize the strength of its grassroots. NORML Executive Director Allen St Pierre said in a release today:

Cannabis law reformers are on the precipice of major social changes in favor of the liberalization of cannabis laws—and the state and federal governments, law enforcement and competitors to legal cannabis all recognize this to be true.

None of this would have been possible for NORML over these many years without the dedicated grassroots support provided by stakeholders.

Recognizing that most of the hardest work that entailed the greatest amounts of personal self-sacrifice are thankfully behind us, we also have to recognize there is still much work left to do before adults can lawfully use cannabis products in a manner and form similar to the way adults can consume alcohol products.

Take a moment to read the full release here:  http://blog.norml.org/2011/03/02/norml-america%E2%80%99s-best-known-and-respected-marijuana-lobby-organization-turns-40-years-old/

Steve Bloom at Celebstoner.com also has an excellent overview: www.celebstoner.com/201103025998/blogs/steve-bloom/norml-at-40.html

I am here to tell you, first hand, that National NORML serves as the most important resource for local marijuana activists.

Here are some of the rather priceless tools NORML has provided, for free, to the New Jersey and Pennsylvania medical cannabis efforts:

–    Mass awareness: When NORML puts a local campaign into the weekly press release or posts it to Facebook and Twitter the story gets instant attention

–    Providing expert testimony to legislative committees: Deputy Director Paul Armentano, one of nation’s leading cannabis experts along with NORML’s network of professionals help us make our case to elected officials

–    Providing information that is easy to use and share: Booklets, ready documents, pre-made pamphlets, web banners and research material are all available at norml.org

–    The CAPWIZ program: Having local residents contact their elected officials is probably the most essential form of organizing political change. NORML provides a tool to make that citizen-to-legislator interaction possible. The CAPWIZ service is expensive, far beyond the means of most local chapters. But National NORML works with volunteers on the ground to use CAPWIZ, generating vital contact.

NORML’s founder Keith Stroup was interviewed on NORML Show Live today and was asked about the future of the group beyond legalization. Keith hinted that NORML would likely become a powerful consumer protection lobby once cannabis was regulated and taxed, something akin to a sweeter smelling version of Nader’s Raiders.

At 40 years strong  NORML clearly owns an important role in the future of American freedom.

Please take a moment right now to donate to national NORML – pot will NOT legalize itself!

Debby Goldsberry is a formidable presence in the arena of cannabis reform and has been for the past 25 years. She received the NORML Pauline Sabin award in 2005 and co-founded Berkeley Patients Group. In honor of Women’s History Month, our very own Diane Fornbacher interviews this long-standing pioneer.

You helped found the successful Berkeley Patients Group in 2000, what other projects have you got cooking?

Right now, I am largely focused on helping to implement the medical cannabis ordinances passed in Oakland and Berkeley in the fall of 2011. Each city is planning to issue more dispensary permits, and they are trying to issue manufacturing permits for medical cannabis cultivation. The federal government is pushing back hard, even threatening to arrest the Oakland City Council. So, there is work to be done in each of these cities to get permits issued. Medical cannabis needs to be produced in a safe manner, and these two cities plan to set a standard for others to follow nationwide.

I’ve also been working closely with the NORML Women’s Alliance (NWA) on the Steering Committee to amplify the voices of women in the drug policy reform movement, specifically regarding parents and families.

Cannabis Action Network (CAN), where we are setting the stage for further development and evolution are developing the CAN History Project, which will record counterculture history from the 1980’s until 1996 when Prop 215 passed. A lot of history needs to be preserved and shared. Also, knowledge gained through tough times and the fun times over the last 20 years in fighting against the drug war will be documented.

Since Proposition 215 or the (Compassionate Use Act of 1996) passed, 15 states and Washington D.C. have had varying degrees of success and failure with their medical marijuana programs. Which states do you believe have the most compassionately crafted laws?

Well, I don’t think anyone’s done it perfectly yet. None of them are effectively dealing with the supply problem. Many patients still can’t get their medicine, there is an over proliferation of dispensaries which creates a backlash – in Michigan, Colorado and in Los Angeles specifically (there are pockets of perfection in the Bay Area). In Maine, each dispensary must supply all of their own medicine from only one facility. Recently, large greenhouses in Maine suffered roof collapses from snow. Imagine that one problem like this wiping out the entire supply of medicine for the patients there. It would take months to get back up and running. Locally is where most of the hope is found. When a city works with stakeholders, good regulations develop. Sometimes the states don’t do a great job, but locally, good plans can come to pass. We want to work on regulations more here in California and hope other state governments will follow our successes. Until then, we’re sort of in a holding pattern until things get more precise and functioning properly at our local level.

Read more.

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.

Grassroots information: www.cmmnj.org

NJ DHSS Medicinal Marijuana Program website

NJ DHSS Press Release March 21, 2011  http://www.state.nj.us/cgi-bin/dhss/njnewsline/view_article.pl?id=3681