The War on Marijuana Claims More Victims: Police

A plane crash in Colorado took the lives of one current and one former law enforcement officer on Friday. Pueblo County Sheriff’s Captain Leide DeFusco and retired Pueblo police captain John Barger were both in the plane when it crashed in the San Isabel National Forest. Barger, who was flying the plane, has been described as an experienced pilot and a flying enthusiast. Contact with the plane was lost at about 9:30 a.m., while the wreck was found around 7:00 p.m., and the precise cause of the crash is still under investigation. The crash site, in Custer County, was in rough terrain and difficult for rescue crews to access.

Whatever the immediate cause of the crash, however, our failed marijuana policies certainly played a part. The sheriff’s office reports that the two were searching for marijuana plants that day. Marijuana grow sites in the Wet Mountains had been raided just weeks earlier, and the two men were looking for suspected additional sites nearby. Flying low over unfamiliar terrain to look for hidden cannabis plants is one of many drug war tactics that put officers in unnecessary danger. This includes not only the hazards of low-altitude flying, but the threat of violence from marijuana growers.

Planes on anti-drug missions have certainly been shot down in the past, presumably by those involved in the illicit drug trade in attempts to defend their investments, and illicit marijuana growers on public land are “typically armed” and connected with organized crime, according to a recent report from the Government Accountability Office.

Perhaps the police should focus on more serious crimes, so that instead of trying to find plants hidden in the mountains, they could simply interview victims and witnesses to track down perpetrators, without resorting to such adventurous spy tactics. If private, peaceful activity like growing marijuana were outside the definition of crime, unfortunate incidents like this would not occur, nor would there be an incentive for dangerous criminals to operate on public lands far from prying eyes.

New Jersey Medical Marijuana Faces Further Delays

After a long delay in New Jersey, many medical marijuana patients are still waiting for their medicine. Then-Gov. John Corzine first signed the New Jersey Compassionate Use Medical Marijuana Act in January 2010, but since then, implementation of the measure has been slow. Although the state originally planned to have the necessary alternative treatment centers open in July 2011, the state’s first licensee, Greenleaf Compassion Center, is not scheduled to open until September of this year. A total of only five other planned facilities have been approved, four of which still have no approved location. Assemblyman Reed Gusciora (D-Mercer) has even called for a hearing into the cause of the delays, protesting that there is “no adequate explanation” for the current situation. Difficulties with organization, vetting the necessary officials, and objections by local authorities have all been cited by the Star-Ledger as causes.

Dr. Walter Husar, a neurologist from Rockaway, complains that along with disorganized lists of participating physicians, strict regulations are another barrier to safe access to the drug. Under the current system, patients must have an existing “bona fide” relationship with one of the limited number of participating physicians, as defined here.  The physicians must then submit an official statement recommending the patient. The doctor must then transfer a unique reference code to the patient, who can then use it to register him- or herself. The registration of a patient is only valid for 90 days, after which the doctor and the patient must repeat the process. According to Chris Goldstein with the Coalition for Medical Marijuana of New Jersey, this is the only state where only the doctors on an official list can prescribe marijuana. Sixteen other states, plus the District of Columbia, have medicinal marijuana programs. Access to marijuana in New Jersey is also limited to patients with one of a set list of serious medical conditions such as cancer, AIDS, and multiple sclerosis, with use for some conditions only permitted when other treatments have failed or particular complications are present.

Husar and other doctors report themselves flooded with calls from potential patients. However, in a stark demonstration of the difficulty of joining the program, more physicians than patients have been registered. Approximately 50 patients have been recognized as eligible for medical marijuana, while only around 150 physicians are participating, out of over 30,000 in the state.

Husar agrees that marijuana can be helpful for multiple sclerosis sufferers in particular, citing his 25 years of experience with such patients, some of whom obtained the drug illegally. He is, however, concerned that since there is still no legal source of medical marijuana, even the patients who are already registered with the program may be subject to legal penalties if they are caught with their medicine. Under New Jersey’s current laws, this is a serious risk. Possession of even the smallest amount is punishable by up to six months in prison and a $1,000 fine, while those caught growing even a single plant could be subject to a felony conviction, a fine of up to $25,000, and a prison sentence of up to five years.

North Dakota Medical Marijuana Campaign Turns In Signatures

The first-ever ballot initiative dealing with medical marijuana in North Dakota has taken a step forward. On Monday, more than 20,000 signatures were delivered to North Dakota Secretary of State Al Jaeger by North Dakotans for Compassionate Care — well above the 13,500 required to qualify the initiative for November’s ballot. Jaeger will have approximately one month to review the signatures and certify the initiative for the ballot.

The proposed law would allow patients to grow and possess limited amounts of marijuana. Qualifying medical conditions would include cancer, glaucoma, post-traumatic stress disorder, and other serious illnesses. Marijuana dispensaries would also be licensed and subject to regulation by the North Dakota Health Department.

While neighboring Montana currently allows medicinal marijuana under the 2009 Medical Marijuana Act, South Dakota voters rejected similar ballot initiatives in recent years, with 52 percent opposed in 2006 and 63 percent voting against it in 2010.

Dave Schwartz, campaign director for the advocacy group, commented however that attitudes have shifted recently in favor of medical marijuana as many people have had personal contact with someone who has or could have benefited from marijuana’s pain-relieving and anti-nausea effects. “[One] of the myths that we often hear is that this is only for people to just go ahead and get high, and that’s not the case,” Schwartz said. “This is about medical patients who would benefit greatly from it.”

U.S. Olympian Nicholas Delpopolo Tests Positive for Marijuana

Nicholas Delpopolo, a Yugoslav-born American judo competitor in the London Olympics, has been disqualified on account of a positive drug test. This is the fifth positive drug test reported by the IOC for this year’s testing program but the first to turn up positive during the competition itself. The 23-year-old tested positive for marijuana metabolites, substances that would appear in the blood for several weeks after consuming marijuana. By way of explanation, he stated that he had recently consumed food that, unbeknownst to him, contained cannabis.

Delpopolo is not the first athlete this year to be disqualified for cannabis, as Scott Morgan explains in his post here. Information from the World Anti-Doping Agency suggests that anti-doping policies in sports are simply concerned with performance-enhancing substances which might give the user an unfair advantage, including stimulants and anabolic steroids. However, caffeine, a stimulant, is not on the list of prohibited substances, while marijuana metabolites are. The justification for this is not clear. Enhancement of athletic performance has not been proven, and there is no evidence that past marijuana use would endanger competitors. No explanation of the inclusion of marijuana on the list is given anywhere on the site. Has the WADA included cannabinoids on its list of prohibited substances out of legitimate concern for fairness in competition, or is this simply a concession to the prohibitionist attitudes of authorities who wish to police athletes’ personal lives?

Los Angeles Attempts to Ban Dispensaries, Courts May Overrule

The Los Angeles City Council voted 14 to 0 last Tuesday in favor of a new ban on medical marijuana dispensaries. Mayor Antonio Villaraigosa supports the measure and is expected to sign it. Los Angeles is not only the state’s largest city, it is also a major hub of medical marijuana. There are over 760 registered dispensaries in the city, along with an estimated 200 without proper registration. By comparison, the Bay Area is home to about 12 dispensaries. Under Los Angeles’ new policy, all of the dispensaries, regardless of registration status, will be contacted and ordered to shut down immediately.

The measure is partly a response to public complaints about medical marijuana use around the storefronts, although specifically restricting the smoking of marijuana in public does not appear to have been considered. Others claim that recreational users, not just legitimate patients, obtain their marijuana there. While there is scant evidence to support these claims, it is unclear what harm this would cause in communities. Any increase in market share by legitimate marijuana distributors would cut into the profits of illicit market sources, and law enforcement would hopefully be interested in taking funds away from gangsters. Police Chief Charlie Beck, however, has stated his support for the measure, referring to marijuana as “high-level narcotics,” a comment demonstrating his questionable understanding of the drug.

The ban, which some refer to as a “gentle ban,” allows medical marijuana patients and their caregivers to cultivate and share marijuana — but only in groups of three or fewer people. The LA council also voted to instruct the city to develop a plan to allow 170 specific dispensaries to remain open. However, Councilman Paul Koretz, who initially voted against the ban, admitted that the council has now “shut off almost every way that a normal person can get access to marijuana. It will be a ban until otherwise noted.”  Upon passage, Councilman Jose Huizar, author of the ban and opponent of any measure that would allow dispensaries to remain open, remarked in a bit of unintentional irony, “Relief is on its way.” With the apparently imminent disappearance of so many marijuana dispensaries, relief for thousands of patients is apparently on its way out.

Medical marijuana activists interviewed questioned the feasibility of essentially expecting one of every three patients or caregivers to grow their own marijuana, citing significant expenses and time commitments involved in cultivation. Some doctors understandably expressed concern over patients having their access to medical marijuana seriously restricted. Unfortunately, the city doesn’t seem concerned that the ban will further enrich illicit suppliers, to whom many patients will now presumably turn to in order to obtain their medicine. Advocates plan to appeal the ban, and its legal status is already under question, as Jacob Sullum at Reason explains in detail. Pending court cases may invalidate both the L.A. city ban and the recent L.A. county ban as well.