Obama Says Individual Marijuana Consumers in Colorado and Washington Are Not Priorities

In an interview released today, President Obama said that going after marijuana consumers will not be a priority of the federal government in states such as Colorado and Washington, where voters approved ballot measures this November making marijuana legal for adults. He also highlighted the need for a conversation about how to reconcile state and federal marijuana laws.

Marijuana officially became legal in Colorado on Monday after Gov. John Hickenlooper signed the voter-approved initiative into law. The measure adopted by voters in Washington went into effect last week. The initiatives also direct the legislatures of both states to create regulations in order to establish a legal market for businesses to cultivate and sell marijuana to adults.

While it is heartening to see Obama reiterating his position on not spending federal resources going after individuals, this does not represent a significant change in policy. Federal policy has not focused on them for some time, as most possession cases are dealt with at the state and local level.

The question is how the implementation of market regulations will be treated. It is time for the Obama administration and the governments of Colorado and Washington to determine how to work together to advance those state-based systems without frustrating legitimate federal interests. We look forward to having this conversation with White House and Department of Justice officials.

It seems like such a conversation is more possible than ever before, and supporters of reform should be cautiously optimistic. As Dominic Holden at The Stranger put it:

Obama is, if nothing else, encouraging more conversation about marijuana legalization instead of promising to shut it down. And the more people talk about this issue, the more it wins.

 

Washington Marijuana Law Takes Effect Tomorrow

On this day in 1933, Congress responded to the growing number of states and citizens who decried the failed war on alcohol by ratifying the 21st Amendment. By effectively repealing federal alcohol prohibition, this historic event allowed states to determine the best way to deal with alcohol without interference from the federal government.

Tomorrow, history will begin to repeat itself as the ballot measure approved by voters in Washington officially goes into effect, making it the first state to remove all penalties for marijuana possession by adults. The federal government would be wise to learn from history and do what it did 79 years ago: get out of the way.

When it comes down to it, marijuana prohibition and alcohol prohibition are nearly identical, both in their intentions and in their failings. Both products are popular, and both prohibitions cause great harm to society. The laws that put non-violent alcohol users in prison and enriched violent gangsters like Al Capone are eerily similar to those that have destroyed the lives of millions of otherwise law-abiding marijuana consumers and propped up the cartels responsible for the daily violence south of the border.

Despite the glaring similarities with alcohol prohibition, there are still many government officials who simply do not see the parallels and insist that we cannot let responsible adults purchase marijuana – a far safer product than alcohol – from legitimate businesses instead of in the underground market.

Unfortunately, this seems to be the position of the U.S. Department of Justice, but we have yet to learn how, or if, they will push this position in states that choose a different, more rational path.

Washington’s new law will allow individuals 21 and older to possess up to one ounce of marijuana without penalty, fine, or arrest. Therefore, as of tomorrow, adults will no longer be persecuted simply for choosing to consume marijuana. It is now up to the state to create a system to tax and regulate the cultivation and sale of marijuana so that this lucrative market can be properly managed, instead of being left in the hands of criminals without quality control or oversight.

The federal government should not interfere. It made that mistake when it tried to enforce federal law in states that had removed alcohol penalties, and the result was unnecessary suffering at the expense of states’ rights, vast amounts of money, and individual liberties.

The Obama Administration should not make the same mistake.

New Poll: Record High Support for Marijuana in U.S.

According to a national poll conducted by Public Policy Polling (PPP) from Nov. 30 to Dec. 2, a record high 58% of American voters said they think marijuana should be made legal, compared to only 39% who do not. In addition, 50% of respondents said they think marijuana will become legal under federal law within the next 10 years.

A strong plurality (47%) of respondents said they think President Obama should allow Colorado and Washington to implement the ballot measures approved by voters last month to regulate and tax marijuana like alcohol. Just 33% said they approve of President Obama using federal resources to prevent them from going into effect. Interestingly, support for the rights of states could be higher, but 46% of Republicans surveyed support the federal government asserting its power over the states.

Download the full poll results here.

Marijuana possession by adults is scheduled to become legal in Washington on Thursday when Initiative 502 officially goes into effect. A similar measure adopted by Colorado voters, Amendment 64, will go into effect no later than January 6. The new laws in Colorado and Washington make it legal for adults 21 and older to possess up to one ounce of marijuana for personal use. They also direct the legislatures of both states to create regulations in order to establish a legal market for businesses to cultivate and sell marijuana to adults. So far, the federal government has not stated whether it intends to use any resources to interfere with the implementation of the new state laws.

The poll of 1,325 voters asked the same question that has been used by Gallup since 1970 to measure support for marijuana legalization in the country. In October 2011 Gallup found, for the first time, a majority (50%) of Americans supported making marijuana legal. Election results and pre-election polls in Colorado suggest PPP’s automated telephone survey might be a more accurate gauge of support for marijuana legalization, perhaps due to a hesitancy of voters to express their pro-marijuana sentiments to live operators, such as those utilized by Gallup.

 

FBI Study Shows Marijuana Arrests Do Not Deter Use

Marijuana arrests continued at disturbing levels in 2011, the vast majority of which were for simple possession. According to the FBI’s annual Uniform Crime Report, 757,969 arrests were made nationwide for marijuana, more than 87% of which were for possession. This is a slight decrease from 2010.  Marijuana arrests accounted for slightly less than half of all drug arrests last year.

In 2011, one American was arrested for marijuana possession every 42 seconds.

Despite intensive law enforcement resources being used to arrest and punish marijuana users, rates of marijuana use continue to rise. The “National Survey on Drug Use and Health” — commissioned by the U.S. Department of Health and Human Services and released in late September — showed that marijuana use had slightly increased nationally between 2010 and 2011. According to the report, more than 29.7 million people aged 12 and older used marijuana at least once in the past year.

“It’s obvious that decades of law enforcement efforts have failed to reduce the availability or use of marijuana.  Arresting one American for marijuana possession every 42 seconds is an exercise in futility, especially when one considers that marijuana is safer than alcohol,” said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C. “A business that continues to employ bad policies will eventually fail, but taxpayers are being forced to continually bail out the fiscally irresponsible and morally bankrupt institution of marijuana prohibition. A majority of Americans are tired of this nightmare.  It’s time for politicians to regulate marijuana like alcohol.”

A Rasmussen poll in May showed that 56% of voters supported removing criminal penalties for adult marijuana use and instead taxing and regulating the substance in a manner similar to alcohol. In November, voters in Colorado, Washington, and Oregon will have the opportunity to end marijuana prohibition in their states.

While the graph below may look like an improvement, it is important to remember several things:
1) Marijuana arrests account for 50% of all drug arrests.
2) 86% of all marijuana arrests are for simple possession.
3) This means that 43% of all drug arrests are for marijuana possession.
4) Arresting 655,416 people in one year for possession of a plant that is demonstrably safer than legal alcohol is indefensible.
We must also remember that this number can easily start to climb again if we do not continue to work for reform. Please do your part to help cut marijuana arrests dramatically next year and donate whatever you can to support Amendment 64 in Colorado. There is only one week left until the election, and every little bit helps convince voters who are still undecided. Together, we can help Colorado become the first place in the world to make marijuana legal!

Denver Medical Marijuana Industry to be Featured on “60 Minutes”

Denver’s flourishing and tightly regulated medical marijuana industry will be the subject of a “60 Minutes” report this Sunday.

With Colorado voting on whether to regulate and tax the rest of the state’s marijuana market on Nov. 6, this should be an interesting episode.

Viewers can see the segment on Sunday, Oct. 21 at 7:30 p.m. ET and 7:00 p.m. PT on their local CBS affiliate. Those of you in the Denver area can see it at 6:00 p.m. MT on Channel 4.

UPDATE: The full segment can be viewed here.

Want to Help Make Marijuana Legal this November? It’s Your Call …

We are now 18 days away from the elections, and three states are poised to lead the way in ending marijuana prohibition! Passage of any of these initiatives will set the tone for marijuana reform nationwide, so it’s important to everyone who cares about this issue, no matter what state you live in.

As more and more people learn about the failure of marijuana prohibition and are presented with the facts, support for changing our laws grows. We can’t change the conversation, however, until we start it. Now, you have the opportunity to start a conversation about marijuana reform with the people in a position to make that reform reality: registered voters.

The Campaign to Regulate Marijuana Like Alcohol has set up a system that makes it easy for anyone to call registered voters in Colorado and ask them to vote “YES” on Amendment 64.

Just click here and you can help change history:

 

You can make the difference in this election. It’s your call.

 

UPDATE: Sierra Blanca Sheriffs to Fiona Apple: Shut Up and Sing

As we covered earlier, Fiona Apple was recently arrested for possession of marijuana and hash in Sierra Blanca, TX. Penalties for hash are severe in Texas, and Apple is facing up to ten years in prison. She is out on bail and was able to perform on stage. In response to some statements Fiona Apple made about her treatment after being arrested , a spokesman for the Hudspeth County Sheriff’s Office fired off an interesting letter.

From the Daily Beast:

 

First, Honey, I’m already more famous than you, I don’t need your help. However, it would appear that you need mine….

Two weeks ago nobody in the country cared about what you had to say, — now that you’ve been arrested it appears your entire career has been jump-started. Don’t worry Sweetie, I won’t bill you…

Next, have you ever heard of Snoop, Willie or Armand Hammer? Maybe if you would read something besides your own press releases, you would have known BEFORE you got here, that if you come to Texas with dope, the cops will take your DOPE away and put YOU in jail…

Even though you and I only met briefly in the hallway, I don’t know you but I’m sure you’re an awesome and talented young woman and even though I’m not a fan of yours, I am sure there are thousands of them out there, and I’m sure that they would just as soon you get this all behind you and let you go back to what you do best—so my last piece of advice is simple “just shut-up and sing.”

Sincerely,

Rusty Fleming

I’m not sure what is more disturbing: the fact that Fleming is reveling in the fame he gets by wasting taxpayer dollars going after high-profile, non-violent marijuana users, or the condescending, paternalistic tone he uses to try to belittle Apple.

If you have a problem with this sort of behavior from a public official, please call the Hudspeth County Sheriff’s Office at (915) 369-2161 and politely let them know.

 

Free Fiona! – Singer Facing 10 Years in Jail for Hash

In a bizarre case of history repeating itself, another celebrity has been arrested in the Texas border town of Sierra Blanca. Sitting just 10 miles from the Mexico border, Sierra Blanca has an interstate running through it that has become quite a lucrative source of cash and publicity for the local sheriff. In the past several years, Willie Nelson, Snoop Dogg (I mean, Snoop Lion), and hacker George Hotz have all been stopped at the same check point and either cited or arrested for marijuana possession.

Now Fiona Apple has joined the club, and it is no laughing matter. Apple was caught with a small amount of marijuana and hash, but it is more serious than it seems. In Texas, possession of any amount of hash is treated as a felony. The amount Apple supposedly had on her bus is punishable by at least two years in prison, and up to 10!

Texas law punishes hash and other marijuana concentrates much more severely than simple marijuana, even though they are essentially the exact same thing aside from the potency. Anything under four grams gets you the penalty Apple is facing, but anything over that can get you 20 years in prison, and over 400 grams can put you behind bars for 99 years.

Texas is one of the few states that make this dubious distinction, but it isn’t the worst. Last April, Oklahoma passed a law making manufacture of hash punishable by a life sentence.

We’ll keep you updated, but it looks like this talented singer could be doing serious time for merely traveling through the wrong town carrying a substance that is safer than alcohol.

Note to celebrities or anyone traveling in a fancy tour bus: STAY AWAY FROM SIERRA BLANCA.

Bill O’Reilly Doesn’t Get Us At All

On his wonderfully fair and balanced show on Thursday, Bill O’Reilly was nice enough to highlight our Top 50 Most Influential Marijuana Users list. He then started on a long rant, joined by his co-hosts, about the evils and deadly health risks associated with using marijuana. Apparently, these folks didn’t quite get the message.

O’Reilly seems to think that MPP just wants everyone to use marijuana, and that the organization “devotes its life to trying to convince you to get stoned and inebriated.” What he fails to understand, and what many supporters of prohibition refuse to believe, is that marijuana reform is not about getting high. It is about changing our obviously failed policies that put non-violent adults in jail while making it easier for young people to obtain. It is about changing the focus of law enforcement away from people who are already using marijuana and allowing police to focus on more serious crimes.

Papa Bear and friends also didn’t understand the message behind the list, which is that these influential marijuana users likely would not be where they are today had they been arrested for marijuana. How much human potential are we squandering when we arrest three quarters of a million people for marijuana possession every year, saddling them with a criminal record that limits their educational options and job opportunities?

After totally missing the point, the three pundits then proceeded to rattle off a long series of completely inaccurate and unsubstantiated talking points about how marijuana is deadly and will turn you into a zombie. They covered all the bases, too, from the debunked gateway theory to the “lazy stoner” myth.

It is really pretty sad, considering a brief look at MPP’s website would have clarified our mission for O’Reilly and provided all of them with actual scientific research on the effects of marijuana.

And we’re the lazy ones?

Here’s the video. Try not to throw anything through your screen.

Montana Medical Marijuana Pioneer Gets Probation, No Jail

Yesterday, Montana medical marijuana activist Tom Daubert was sentenced to five years of probation by a federal judge for his involvement in a medical marijuana access point that was raided by federal agents early last year. That operation was one of 26 locations that were raided simultaneously throughout Montana by federal agents in an effort to destroy the state’s burgeoning and predominantly lawful medical marijuana industry.

Daubert has been actively fighting for medical marijuana patients’ rights since 2004. He began his work on the issue as the consultant for MPP’s campaign committee during the successful initiative campaign. Since then, he has worked tirelessly in the state capitol and with local law enforcement to ensure the future of medical marijuana and maintain good relations with lawmakers and police. He even invited them to tour the facility, which is documented in the film “Code of the West.”

Tom Daubert was fortunate not to receive any prison time, even though any punishment is far too heavy a sentence for merely trying to make sure that seriously ill people have safe access to their medicine. His former partner Richard Flor was treated far more harshly. On August 30, while serving a five-year sentence in federal prison, Flor died after suffering two heart attacks and other medical problems. His transfer to a facility that may have been able to treat his numerous health conditions had been delayed for months.

Meanwhile, several other providers and former staffers are still in prison — including Richard’s wife and son. Others are still facing trial or sentencing.

We at MPP wish Tom the best and thank him for everything he has done.