Jovan Jackson’s Conviction Reversed

Chalk up a victory for lawful medical marijuana patients today in
California. If you get busted running a collective, you should be able
to raise a medical marijuana defense in court.

According to a release from Americans for Safe Access, the Fourth District Court of Appeal for California issued a unanimous published ruling today that reverses the conviction of San Diego dispensary operator, Jovan Jackson.

Jackson

Feds Not Changing Marijuana Policy

A top Justice Department official has said in a television interview that the federal government is ready to combat any “dangers” of state-sanctioned recreational pot, amid criticism of the Obama administration for its relative silence on legalization drives in three states.

Voters in Colorado, Washington state and Oregon are set to vote Nov. 6 on whether to legalize and tax marijuana sales, raising the possibility of a showdown with the federal government, which views pot as an illegal narcotic.

Deputy Attorney General James Cole, in comments to “60 Minutes” posted on Saturday to the website of CBS affiliate KCNC-TV in Denver, said his office’s stance on pot would be “the same as it’s always been” if voters approved legalization.

“We’re going to take a look at whether or not there are dangers to the community from the sale of marijuana and we’re going to go after those dangers,” Cole told “60 Minutes” in an outtake from a report on Colorado’s medical marijuana industry due to air Sunday, according to the CBS affiliate.

Cole’s statement is an indication the federal government, which has raided medical pot dispensaries in several of the 17 states that allow cannabis as medicine, could also take aim at state-sanctioned recreational marijuana.

It also represents a break with the Obama administration’s relative silence about the pot referendums, which has led to uncertainty about whether federal officials would stop states from taxing and regulating sales of pot in special stores to those 21 and older, as proposed under each of the three state initiatives before voters.

Representatives for the Justice Department did not return calls or emails seeking comment on Cole’s remarks.

A top legalization backer, however, dismissed them as “innocuous,” unlike the stance Attorney General Eric Holder took in 2010 just weeks before a failed California referendum to legalize pot.

‘Wait and See’

In 2010, Holder issued a toughly worded letter that said his office “strongly” opposed the California proposal and would “vigorously enforce” drug laws against participants in the recreational pot trade, even if state law permitted it.

Holder’s statement is credited with helping to persuade some California voters to reject the proposal.

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“Compared to what they did two years ago in California, to have their federal posture be essentially a wait-and-see approach is encouraging,” said Ethan Nadelmann, head of the Drug Policy Alliance, which through affiliates has funded marijuana legalization campaigns.

Polls show the American public is increasingly leaning toward legalizing pot, but no state has taken that step.

Nadelmann said pot legalization is popular with young people and independents, two groups of voters crucial to President Barack Obama’s re-election campaign, and that his administration is “being smart in basically not weighing in at this time.”

Marijuana is the most commonly used illicit drug in the United States. Pot activists say prohibition fails to prevent its use and enriches criminal cartels, but opponents of legalization say it would endanger health and public safety.

Former heads of the U.S. Drug Enforcement Administration in September sent a letter to Holder urging him to publicly oppose the legalization referendums. On Monday, a former federal official expressed dismay at the Obama administration’s silence.

“It’s shocking, because all you have to do is say things that this administration’s already said,” John Walters, who served as “drug czar” to former President George W. Bush, told reporters on a conference call.

Cole’s remarks to “60 Minutes” were in response to a question about the possibility of recreational pot being allowed in Colorado, according to the station, which posted a video with the outtake on its website.

“I think it is pretty clear from this video that the Obama administration won’t take any legalization measure lying down,” Kevin Sabet, a former adviser to Gil Kerlikowske, the Obama administration’s drug policy director, said in an email.

Source: Reuters (Wire)
Published: October 21, 2012
Copyright: 2012 Thomson Reuters

Medical marijuana: disabled veteran’s appeal could change US drugs policy

A disabled veteran has told an appeals court that the department
of veteran affairs policy on medical marijuana has caused him pain and
significant economic harm, in a development campaigners say is a
positive step in the battle to push for the drug’s reclassification.

Michael
Krawitz, one of five plaintiffs involved in a legal case before the
court of appeal for the District of Columbia Circuit, told the Guardian that the VA denied him pain treatment after they discovered he had been prescribed medical marijuana while abroad.

He
told the court in an affidavit that the withdrawal of care by the
department, which has rated him 100% permanently disabled and thus
eligible for all medical treatment under its auspices, has meant he now
has to travel 130 miles from his home to see a doctor for pain relief.

Krawitz,
49, who is the executive director of Veterans for Medical Marijuana
Access, said: "The bottom line is its unethical to take away someone’s
pain treatment. This conflicts with standards of medical care."

Krawitz
sustained his injuries in a car accident while serving in the US air
force, which has left him suffering debilitating pain.

The case,
the result of a long-standing battle by medical marijuana advocates to
reclassify the drug, is the first time in 20 years that scientific
evidence regarding the therapeutic benefits of cannabis will be heard by a federal court.

This
current case "looks more promising" than previous efforts, because of
the court’s focus on Krawitz and the request for more details, according
to the ASA.

Joe Elford, the chief counsel with ASA, said: "It clearly demonstrated that the court is taking this case very seriously."

"This is something that demonstrates real harm to a real individual and that individual is Michael Krawitz.

"He
is 100% disabled and supposed to get all his medical treatment from the
VA. But because of the VA’s policy on medical marijuana, which is
clearly motivated by the schedule 1 status, that cannot happen."

After
an initial oral hearing last week, the court ordered Americans for Safe
Access, a advocacy group for medical marijuana use and research to file
a brief in order to "clarify and amplify the assertions made [by]
Michael Krawitz regarding his individual standing", and to "more fully
explain precisely the nature of the injury that gives him standing".

ASA
said they hope that if they can demonstrate that Krawitz was harmed by a
federal policy that says medical marijuana has no medical value, they
may also get the court to rule on the merit of the case. In that case,
it would decide whether the scientific evidence is enough to reclassify
the drug from its current status as a schedule 1 substance

Musician Melissa Etheridge Supports Local Medical Marijuana Initiatives

Singer-songwriter Melissa Etheridge is voicing her support for three
medical marijuana initiatives that will appear on local ballots Nov. 6
in San Diego County, according to Citizens for Patient Rights.

The group announced the celebrity

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.

Brutality of NYPD “Stop and Frisk” Policy Revealed

A new audio recording reveals a disturbing example of current NYPD practices, specifically the “stop and frisk” policy of stopping and searching pedestrians without warrants or probable cause. A 17-year-old named Alvin, who made the recording, explains in the video below that he had been repeatedly stopped and searched by the police for no apparent reason and so had decided to record the next incident. Upon being asked why they are stopping him, the officers on the recording explain that his offense is “looking back at us like that” and “being a fucking mutt.” They then threaten to slap him in the face and break his arm.

The full audio recording is available at The Nation.

The NYPD’s numbers report that the department stopped and frisked 684,330 people last year, which as the Wall Street Journal points out, was “14 percent more than in 2010 and about seven times the number in 2002.” City officials claim the program is effective in reducing crime and getting guns off the streets. However, the New York Civil Liberties Union disputes this, pointing out that less than 0.2 percent of the stops yielded any guns, and approximately 88 percent of the stops did not result in arrests or even citations.

One aspect of the stop and frisk policy, namely the “Operation Clean Halls” program, is ostensibly aimed at drug dealing in and around low-income apartment buildings. The tactics are now being challenged in court, with Assistant District Attorney Jeannette M. Rucker testifying that people are being arrested on trespass charges for being in or around buildings which they actually live in or where friends they’re visiting live.

The tactic also seems to facilitate arrests on marijuana charges. In 2011, there were approximately 50,000 arrests made in the city for minor marijuana possession. This is despite a New York state law, which since 1977 has essentially decriminalized possession of up to 25 grams of marijuana. Under this law, the offense is only punishable by small fines or up to 15 days in prison if it is the individual’s third such offense within a three-year period. A new lawsuit filed by the Legal Aid Society claims that people are being illegally arrested on minor marijuana charges, sometimes for “public display” of marijuana, which is a criminal offense carrying up to 90 days in prison. Attorneys suggest, however, that the “public display” often simply involves defendants in stop-and-frisk encounters being ordered by police to empty their pockets.

This seems to be not only an attempt to get around the decriminalization law, but also in violation of the recent directive from the city’s Police Commissioner criticizing such practices. Governor Cuomo also introduced legislation earlier this year to remove the “public display” loophole, but the proposed measure did not pass.

As marijuana possession is generally a private activity, which goes mostly undetected without intrusive practices by the police, the stop-and-frisk program is likely responsible for the bulk of these unnecessary arrests. The solution seems obvious: the city should simply abandon the stop-and-frisk program, thereby saving a great deal of time and money, not to mention sparing innocent New Yorkers needless harassment.

How Will Mainstream Media Spin This Government Study?

The Rorschach Inkblot test asks people to make up stories about ambiguous pictures. Rorschach’s hope was that the tales people told about each blot would reveal something about personal predilections and an approach to the world. Well, our friends at the National Institute on Drug Abuse have just published a nice inkblot test for the media. The experiment, “Tolerance to Effects of High-Dose Oral D9-Tetrahydrocannabinol and Plasma Cannabinoid Concentrations in Male Daily Cannabis Smokers,” is about (you guessed it!) developing tolerance to THC. We’ll see how media handle the implications of the results. It’s either a reassuring result for those concerned about safety on the roads or a chance for misguided alarms about purported dependence.

The experimenters drafted 13 guys who were experienced cannabis smokers to stay in the lab for several days. Each day, they had to swallow more and more Marinol. Marinol is pure THC in a pill, but without the cannabinoids and various compounds found in whole plant cannabis that mitigate the psychotropic effects of THC and perform other beneficial health functions. Many people have reported that Marinol left them far more impaired than plant cannabis, undoubtedly for this very reason. In fact, one guy dropped out “for personal reasons” and another “due to psychological reactions to THC.” These guys had smoked marijuana at least 1,000 times, so I’m guessing that they would have had a handle on “psychological reactions to THC” if they’d been allowed to (heaven forbid!) use their own stash. But the dosage was nothing to sneeze at — 120 mg of THC per day — or the equivalent amount of THC as three joints of decent medical cannabis in the U.S.

Why use Marinol instead of vaporized cannabis? As the authors proudly assert, “Many patients take oral cannabinoids daily for weeks or months with persisting beneficial clinical effects.” Yes. It is now okay for researchers at NIDA to say that oral cannabinoids are good. They mean Marinol, of course, but explaining why this wouldn’t apply to edibles is going to take quite the pretzel twist of logic. Stay tuned.

So what happened? As the title suggests, subjective reactions dropped dramatically in a few days. The guys were only about half as “high” by day five as they were on the first day of taking Marinol. But the amount of THC in their blood remained the same. That’s the definition of tolerance — a decreased effect with the same dosage. So the same guy with the same amount of THC in his blood felt fewer effects on one day than he did a couple days before.

What does this mean? Ah! That’s the real Rorschach Inkblot test for the media. What it really means is that tolerance to the subjective effects of THC is a lot like the tolerance we see for prescription drugs like Vicodin and other over-the-counter drugs like Benadryl. Folks who feel high at first don’t feel it after a few doses. It’s not much of a leap to assume that these effects correlate with motor skills. All the worry about medical users screwing up at work is probably misplaced; they’ll be tolerant after a few doses. And per se driving laws that suggest that a certain amount of THC in the blood means someone is definitely impaired are on thin ice. Different people with different levels of tolerance will react differently to the same dosage.

But Vicodin and Benadryl are not the center of fierce and emotional debates about driving. Antihistamines and prescription opiates alter subjective states. They can impair performance on the road, too, but their subjective effects decrease after a few doses. Notice that you don’t see widespread debate about how much of each of these drugs you’re allowed to have in your blood when you sit behind the steering wheel. Why should cannabis be any different?

As an aside, roadside sobriety tests that require actually doing something (standing on one foot, walking a straight line) are a good indicator of how well people can drive. They certainly beat the number of nanograms of metabolites of cannabis, Vicodin, or Benadryl per unit of blood. They’re also sensitive to conditions that have nothing to do with drugs, like fatigue or illness. But if the media mention any of these points, color me surprised.

What will the media do instead? I’m guessing here, and I hope I’m wrong. But I bet they’ll scream, “Tolerance! Oh no! That means THC leads to dependence.” This little logical leap is quite elegant. Alarmists might use these data to say that THC must be likely to cause dependence. Of course, one symptom does not make a dependence diagnosis. And we might actually have to think a minute about why tolerance is a symptom of dependence in the first place. With toxic drugs like alcohol and tobacco, the more you ingest, the more you hurt yourself. So tolerance to these drugs means people take more to get the same subjective effect, leading them to more and more damage. For alcohol and tobacco, this means greater risks of cancer, for example. But THC’s toxicity has been hard to find without elaborate equipment looking intensely at dinky portions of the brain after multiple years of use. And some of these studies end in big surprises. For example, two years of exposure has made rodents more likely to stay alive and less likely to get tumors, which is the exact opposite of toxicity.

So, we’ve discovered that the subjective effects of THC decrease after repeated doses. The finding’s unambiguous, but the stories people will tell about it could be as different as responses to an ink blot. Unfortunately, this ambiguity could end up having serious implications as states continue to experiment with alternatives to marijuana prohibition.

 

Dr. Mitch Earleywine is Professor of Clinical Psychology at the University at Albany, State University of New York, where he teaches drugs and human behavior, substance abuse treatment and clinical research methods. He is the author of more than 100 publications on drug use and abuse, including “Understanding Marijuana” and “The Parents’ Guide to Marijuana.” He is the only person to publish with both Oxford University and High Times.

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.

 

AHPA Receives Americans for Safe Access Award

American Herbal Products Association (AHPA) received the Patient Partnership Award from Americans for Safe Access
(ASA) on Oct. 16. AHPA was honored with the award after developing
recommendations for medical cannabis regulation. In 2010, AHPA formed a
cannabis committee to establish responsible commercial guidelines, and
it has since worked closely with ASA.

ASA executive director Steph Sherer presented AHPA president
Michael McGuffin with the honor at ASA’s 10th anniversary dinner and
awards ceremony in Washington.

"AHPA has been working closely with ASA over the past year to
identify issues that need to be addressed to ensure safe patient access
to medical cannabis in the states where its use is allowed under state
law," McGuffin said. "Sherer has provided invaluable insight to AHPA’s
understanding of these issues and has been instrumental in organizing
this community."

Appeals Court Considers Marijuana Reclassification

More than 10 years after it was initially filed, the latest petition to remove marijuana from Schedule I
of the Controlled Substances Act is finally giving the herb its day in
court. The current classification lumps cannabis in with drugs such as
heroin, LSD and mescaline.

The District of Columbia U.S. Circuit Court of Appeals heard oral arguments
this week in the case of Americans for Safe Access v. Drug Enforcement
Administration, providing an opening for medical marijuana reform
advocates to challenge the conventional law enforcement contention that
marijuana has a