November 30, 2024

Anthony Johnson, Marijuana Politics Blogger and Editor

Anthony, a longtime cannabis law reform advocate, was Chief Petitioner and co-author of Measure 91, Oregon's cannabis legalization effort. He served as director of both the New Approach Oregon and Vote Yes on 91 PACs, the political action committees responsible for the state's legalization campaign. As director of New Approach Oregon, Anthony continues to work towards effectively implementing the cannabis legalization system while protecting small business owners and the rights of patients. He sits on the Oregon Marijuana Rules Advisory Committee and fights for sensible rules at the legislature as well as city councils and county commissions across the state. Anthony helps cannabis business comply with Oregon's laws and advises advocates across the country. He also serves as content director of both the International Cannabis Business Conference and the Oregon Marijuana Business Conference, helping share the vision of moving the cannabis industry forward in a way that maintains the focus on keeping people out of prison and protecting patients. He was a member of the Oregon Health Authority Rules Advisory Committee, assisting the drafting of the administrative rules governing Oregon’s state-licensed medical marijuana facilities. He first co-authored and helped pass successful marijuana law reform measures while a law student at the University of Missouri-Columbia School of Law. He passed the Oregon Bar in 2005 and practiced criminal defense for two years before transitioning to working full-time in the political advocacy realm. His blogs on Marijuana Politics are personal in nature and don't speak for or reflect the opinions of any group or organization.

Oregon Launches Educate Before You Recreate Campaign

Many people have been concerned about the Oregon Liquor Control Commission (OLCC) regulating cannabis commerce in Oregon and I completely understand their concerns as it is hard to trust any government agency with the task. However, I must admit that I have been pleasantly surprised by the dedication of the OLCC. I see an agency that is engaged with the cannabis community and wants Oregon’s regulated marijuana system to work effectively. Very important to the Oregon cannabis community, the OLCC hasn’t demonstrated any intention of regulating the Oregon Medical Marijuana Program (OMMP) or the personal cultivation of cannabis allowed under the Measure 91 legalization law, following some shake-ups in state government and at the OLCC.

(A quick aside: Many advocates that I know, respect and love, feel that “recreational” is a bad term to use for responsible, adult use of cannabis. They believe that recreational has bad connotations and hinders our fight for freedom. I don’t have any polling to know how voters feel about the issue, but my gut tells me that it doesn’t hurt our cause. Most people like to recreate and have fun and I don’t think that sales of RVs have been hurt by being deemed “recreational” vehicles. I could be wrong and I do try to use terms such as “responsible use” or “adult use”, but I don’t think that cannabis legalization is being held back by the term “recreational”.)

The OLCC has launched an “Educate Before You Recreate” campaign that gives Oregonians, and those traveling to the amazing Beaver State, the basics about the upcoming legalization law that finally goes into effect on July 1st. From Northwest Public Radio:

Recreational marijuana will soon be legal to use in Oregon and the state Tuesday unveiled a public education campaign meant to help people understand the new law.

The ad campaign is aimed at 18-to-35 year-olds. It uses social media and commercials. One ad says, “Starting July 1, adults 21 and older in Oregon can possess and use recreational marijuana at home or on private property. But public use is still illegal.”

Oregon’s legalization law is still being poked, prodded and kicked around by the Oregon Legislature (some things for the worse, others for the better), so the add rightly has a disclaimer and asks folks to check back in for more details. I sincerely commend the OLCC for getting good information out to people and to encourage the cannabis community to stay engaged so they don’t find themselves on the wrong side of the law. For more info, be sure to go to the WhatsLegalOregon.com website to sign-up or “Like” the campaign on Facebook. And please spread the word.

While the fight to end cannabis prohibition has had its ups and downs and will continue to take vigilance from advocates and concerned citizens, I am proud that tens of thousands of people will have their lives dramatically improved in Oregon due to Measure 91. Additionally, a successful rollout will help further the momentum for legalization across the country, so other states can follow suit and we can eventually end prohibition federally.

Undoing Colorado’s Unjust Marijuana Ruling

VA Medical Marijuana

I have seen the pain the eyes of fellow cannabis law reform advocates, particularly those from California, when I have stated that Colorado is now leading the cannabis revolution. By jumping out first with licensed and regulated sales and bringing marijuana into the mainstream of government regulation and taxation, Colorado is seen across the country as the new “Marijuana Mecca” as Colorado’s cannabis commerce makes news across the nation.

Unfortunately, even in the state known as the cannabis commerce capital of the United States, medical marijuana patients can still be fired from their jobs, even when their use of cannabis had absolutely no impact upon their job performance. The right to work has to be one of the cannabis community’s next goals if we are ever to have true equality.

As Time Magazine explains, the firing of Colorado medical marijuana patient Brandon Coats could have national implications and he certainly made for a sympathetic client:

Although the case is limited to Colorado, the court’s decision has national ramifications. Previous cases in California, Montana, Oregon, and Washington all swung for the employer, but the Colorado case was seen as the best chance for a ruling in favor of medical marijuana patients–and not just because of the state’s embrace of medical and recreational pot.

For one, Coats was a particularly sympathetic plaintiff. The 35-year-old has been quadriplegic since a car accident at age 16 and has been considered a model employee since being hired by Dish in 2007. In 2009, Coats obtained a state-issued license and began using medical marijuana at night, after work. “I take it at home every night,” he said in an interview last year. “It helps me sleep. I wake up with less stiffness, and it quiets my spasms all through the next day.” By sleeping off the psychoactive effects, he could report to work clear-headed the next day while the antispasmodic effects of the drug continued to calm his system. In 2010, Coats was selected for a random drug test. He came up positive for marijuana–as he told his boss he would–and was fired soon after for violating Dish’s anti-drug policy.

Andrew Rosenthal declares the firing of medical marijuana patients unjust and urges for a federal solution in The New York Times:

Marijuana was legal for medical purposes in 2010 with the proper authorization, which Mr. Coats had. But the court said the law only applied to activities that were legal under both state and federal law.

There are signs that the ice is starting to crack a bit in Washington. In June, the conservative-dominated House of Representatives voted 242-186 to prevent the federal government from blocking states that want to permit medical use of marijuana.

But the country needs a real solution on this issue and that will only come when Congress repeals the federal marijuana laws, which have no real grounding in medicine or logic, and are racist in their application – destroying the lives of millions of African-Americans while having almost no impact on white Americans, who smoke pot with the same frequency.

Andrew Rosenthal is likely right, that employment equality can ultimately only come from the federal level. So long as the federal government classifies marijuana as illegal, businesses will be free to fire medical marijuana patients like Colorado’s Brandon Coats, despite the fact that cannabis is a safe medicine that is less intoxicating, addictive and deadly than legal narcotic prescription painkillers. While passing positive cannabis legislation that will protect workers at the federal level is a rather daunting task, we have seen many positive developments lately and our momentum is picking up steam. As more states legalize cannabis, it is only a matter of time before we achieve true equality; it is unfortunate that too many good people have to unnecessarily suffer in the meantime.

Oregon Measure 91 Committee Passes Reform Bill That Ends Most Marijuana Felonies

House Bill 3400 unanimously passed out of the Oregon Joint Committee on Implementing Measure 91 Monday night. The bill has gone through many ups and downs and transformations and it contains some good provisions and some bad provisions. In this blog, I will focus on some of the good provisions, as these aspects of the bill seem to have gone unnoticed by the media, but they will likely have the greatest impact upon the most number of people’s lives.

Let’s recap what’s legal in Oregon for adults over the age of 21, without an Oregon Medical Marijuana Program card, on July 1, 2015: cultivation of up to 4 cannabis plants per household; possession of 8 ounces of usable marijuana in private; one ounce of marijuana flowers in a public place; 16 ounces of solid marijuana products; 72 ounces of liquid cannabis products; and one ounce of cannabis extracts made by a licensed processor. Sharing up to an ounce of marijuana with an adult over 21 is legal, so long as nothing of value is exchanged for marijuana. Driving under the influence of marijuana remains illegal, but Oregon doesn’t have a per se marijuana DUI law like Washington or a “rebuttable presumption” law like Colorado.

Most importantly, House Bill 3400 ends most marijuana felonies in Oregon. If, as expected, HB 3400 is signed into law, there will only be six marijuana felonies in Oregon: delivery to a minor under the age of 18; possession of more than a quarter of unlicensed extracts; minors under 21 cultivating marijuana; adults 21 or older cultivating 9 plants or more (4 plants is legal, 5-8 plants a misdemeanor); and state licensees importing and exporting marijuana across state lines for consideration. The bill also clarifies the fact that households within 1,000 feet of a school can still cultivate 4 cannabis plants and that delivery, within the scope of the law (whether by licensees or freely shared homegrown cannabis), is also allowed within 1,000 feet of a school.

The felonies that remain will be the lowest felony level (Class C) and may be expunged after 3 years following conviction and probation/parole. Additionally, everyone convicted of past marijuana offenses will be able to set aside their convictions to be in line with the new classification. And since no marijuana penalty will be greater than a Class C felony, all marijuana offenses may be expunged from people’s records after three years. Currently, marijuana manufacturing and delivery cannot be expunged for 20 years, so HB 3400 will greatly improve thousands, if not hundreds of thousands, of lives that have been hurt by the War on Marijuana.

Anyone that has paid attention to Marijuana Politics this legislative session, particularly Alex Rogers’ blogs, has seen that the Oregon Legislature has focused too much time on the Oregon Medical Marijuana Program and HB 3400 does contains provisions that impact the OMMP that myself, Alex and many Oregon cannabis law reform advocates are not happy about. We will discuss the provisions we are unhappy with in future blogs and will continue to work to repeal harmful provisions and generally improve Oregon’s marijuana laws.

Politics is a lot like making sausage, the process can be ugly and hard to watch. Unlike sausage, unfortunately, legislative bills usually don’t taste great for everybody and compromises are made. However, cannabis law reform advocates must learn to celebrate our victories and House Bill 3400 does include some good victories and gives Oregon certainly one of the best, if not the best, marijuana laws in the country, if not the world. Several members of the committee announced their intention to work on future bills that will bring marijuana penalties down even further in future legislative sessions. For a bit, let’s celebrate the progress made and thank the Joint Committee on Implementing Measure 91 for passing out a bill that will dramatically improve the lives of thousands upon thousands of people.

Colorado Supreme Court Rules That Medical Marijuana Patients Can Be Fired

Ninth Circuit

In a setback for medical marijuana patients and the entire cannabis community, the Colorado Supreme Court ruled that employers can fire medical cannabis patients. From The Denver Post:

The Colorado Supreme Court on Monday affirmed lower courts’ rulings that businesses can fire employees for the use of medical marijuana — even if it’s off-duty.

The 6-0 decision comes nine months after the state’s highest court heard oral arguments in Brandon Coats’ case against Dish Network. Coats, who had a medical marijuana card and consumed pot off-duty to control muscle spasms, was fired in 2010 after failing a random drug test.

“Therefore, employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute,” Justice Allison H. Eid wrote in the opinion.

While this is a setback, we must not be deterred. The cannabis community simply needs to take its fight to the Colorado Legislature, legislatures across the country and the halls of Congress to ensure full equality for the cannabis community.

Colorado Supreme Court to Rule on Employee Right to Medical Marijuana

While ending criminal penalties for marijuana is a monumental step in the right direction, employment rights is likely the next step for true equality. Having the freedom to utilize cannabis without fear of prosecution and arrest is only one step in the process when the cannabis community can still be fired, even when the use is medical and had no impact upon their job performance. Colorado’s Supreme Court is expected to release an important decision on Monday. KUSA-TV reports:

Brandon Coats maintains he was improperly fired from his job at Dish Network in 2010 after testing positive for marijuana. Coats, a quadriplegic, worked as a customer service representative for the company for years.

Lower courts have repeatedly ruled in Dish Network’s favor, but last year the Colorado Supreme Court agreed to hear his case. The decision could impact businesses across the state as they continue to employ not only medical marijuana users but recreational users as well.

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The lawsuit was filed before the passage of Amendment 64, which legalized the limited use of recreational marijuana for people over the age of 21. Legal observers say Monday’s decision could very well provide some guidance on the recreational side as well.

Here’s hoping that the Colorado Supreme Court will recognize the medical marijuana use of a patient utilizing a safe medicine legally under state law. It is a shame that inactive metabolites that don’t have any effect on one’s job performance can end someone’s career. Once medical use is accepted, then we need to take on adult use as well as it is nonsensical that employees can drink alcohol, a more addictive and deadly drug, but cannot use cannabis. Surely, we don’t want to push employees to use a more dangerous drug, but that is exactly what these antiquated policies do.

More Medical Marijuana Progress in Congress

The momentum nationally for sensible marijuana reform is moving at such a rapid pace, that it is almost too hard to keep up. Following a few successful votes in the United States House, the Senate has followed suit and passed an amendment prohibiting the DEA from using any federal funds to interfere with state medical marijuana laws. From The Hill:

The pot amendment introduced by Sen. Barbara Mikulski (D-Md.) effectively paves the way for the legalization of medical marijuana. While some states may still choose to prohibit the medicinal use of pot, the federal government would not be allowed to overrule states that allow it.

The Senate committee approved the amendment 20-10 on Thursday, just a week after Reps. Dana Rohrabacher (R-Calif.) and Sam Farr (D-Calif.) pushed a similar measure through the House as part of a marijuana vote-a-rama.

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Last month, the same Senate committee voted to give veterans more access to medical marijuana as part of another funding bill, for the military. VA doctors would no longer be prohibited from prescribing pot to sick military veterans.

“We’re entering an era where marijuana reform is accepted as mainstream and not seen as controversial, and that’s exactly where we want to be,” said Tom Angell, chairman of the Marijuana Majority.

The cannabis community merely needs to keep doing what we are doing–progressing forward on state and local measures; contacting our federal representatives; and sharing the truth about cannabis and the harms of the Drug War. As we continue to do these things, we will see an end to federal marijuana prohibition within the next 5 to 10 years.

Oregon Activists Seek to Expunge Past Marijuana Offenses

Update: the expungement provision passed and then became a model for federal legislation introduced by Congressman Earl Blumenauer. 

Legalizing marijuana is a lifelong passion of mine and I certainly look forward Oregon creating thousands of new jobs and generating millions of dollars in new revenue. However, first and foremost, I am a civil liberties activist and I think that freedom is the foundation for marijuana legalization and I am most excited by the fact that thousands of otherwise law-abiding citizens won’t be arrested and cited in Oregon each year after the Measure 91 personal legalization provisions go into effect on July 1st. And while it is great that we are improving marijuana laws moving forward, we still need to correct the injustice done to those convicted of marijuana offenses in the past. I was ecstatic when the Bus Project contacted me and asked if New Approach Oregon would want to join forces to help pass a bill that would expunge old marijuana convictions.

KATU News was there to cover the volunteer effort:

“If you have that on your record you have a tough time getting a house, you have a tough time getting a job, you have a tough time getting a federal grant loans,” said Aaron Brown, with Fresh Start Oregon.

The group made calls to supporters asking them to call their representatives in Salem.

They say it’s a long shot the bill will get passed because of how late it is in the session.

“We’re ready for a new direction and we’re ready to stop letting marijuana charges – and they’re super petty and minor – continue to ruin young Oregonians’ lives,” said Brown.

I am so proud of the volunteers that came out to make phone calls last night and that will continue pushing legislators to pass this common sense provision. Voters in Oregon spoke loud and clear–it is time to stop treating marijuana as a crime. It makes absolutely no sense to further hinder people’s lives for something that becomes legal in just a few weeks. If you would like to help, you still can, just head on over to the #FreshStartOregon campaign to sign up.

Bill Clinton Makes a Marijuana Joke? Paving the Way for Hillary?

Hillary Clinton will certainly be asked plenty of times about her marijuana policy as she travels the campaign trail. She will most likely be challenged from the left by Bernie Sanders on the Democratic side and potentially from the right by Rand Paul if he can escape the clown car that is the Republican presidential primary.  But it was her husband who made headlines for even mentioning marijuana. From Politico:

At the event discussing agricultural and rural issues, Vilsack called attention to the lack of things that one can plant in urban areas.

“Now with the exception of the state of Colorado and a few other states that legalized another product, there are not many commodities you can plant,” Vilsack said.

Clinton responded: “Dear Lord. That’s all I need. One more story. If only the marijuana growers would invite me to give a speech.”

Bill Clinton, the consummate politician likely knows which way the political winds are blowing, so he could potentially be testing the waters for his wife, seeing if any backlash erupts as he makes comments about marijuana. Maybe the former president was just setting the stage for Ms. Clinton to be true to herself and call for an end to federal cannabis prohibition. A man can dream right?

Californians Support for Marijuana Legalization Reaches All-Time High

California has long been a trendsetter in many areas, and marijuana is no exception. California was the first medical marijuana state and the freedoms and commerce enjoyed by the California cannabis community has spread throughout the land. However, the Golden State now lags behind Colorado, Washington, Oregon, Alaska and our nation’s capital in legalization for all adults over 21. Local and national advocates hope that the most populous state will legalize in 2016, providing yet another boost to the momentum for marijuana law reform that we are seeing across the country.

The International Business Times reports:

With 39 million residents, California has the potential to become the country’s largest retail marijuana market, something it could relatively effortlessly incorporate into its already-established medical marijuana industry. Medical pot is a $980 million industry in California, according to a 2014 report from ArcView Group, a marijuana research and investment firm based in San Francisco. Add adult-use marijuana sales to the mix and the market would explode, according to some experts. California’s bustling legal marijuana industry employs an estimated 100,000 people, a figure some expect will blossom ten-fold over the next few years should weed become fully legal in the state.

Several ballot measures are in the works to legalize marijuana in California in 2016. Two groups filed ballot initiatives in April and were busy gathering the signatures they need to qualify for the 2016 election. Similar initiatives failed five years ago.

Many say legalization in other states hinges on what happens in California next year, and if California were to legalize weed, it would have a domino effect across the U.S. “A lot of eyes are on California,” said the state’s Lt. Gov. Gavin Newsom, a legalization proponent, to Bloomberg in April. “It’s very different than almost any other state because of the scale and the magnitude of the change and what it will represent across the country.”

Crafting a legalization measure that can win at the ballot box, is more difficult than people realize. While polls show majority support for legalization across the country, those polls aren’t asking voters about a specific measure. Once the specifics are known regarding the details about home cultivation, tax rate, driving under the influence standards, etc., then support tends to be lower than just a general question about supporting legalization. California, with supportive voters and plenty of potential donors, has a great chance of passing legalization, but the state has some major obstacles as well. The sheer size of the state and the cost of running a statewide election are just daunting. Additionally, there will be many members of the medical marijuana community that will oppose legalization for all adults.

Keeping growers, processors dispensary owners, patients, consumers, activists, funders and politicians happy with a measure that can garner a majority of votes is a daunting task for any state. However, California has some amazing advocates working tirelessly on the issue and I expect California to join the ranks of legalized states in 2016.

UCLA Professor Donald Tashkin Confirms that Marijuana is Safer than Tobacco

There are many remnants of Reefer Madness that get used to campaign against marijuana legalization, from the debunked gateway theory to incorrect claims about mayhem on the highways. One such piece of propaganda, that marijuana is more deadly than cigarettes has been debunked once and for all as UCLA professor Donald Tashkin confirms that marijuana is safer than tobacco. Positive studies about cannabis usually don’t get as much publicity as negative ones, and Dr. Tashkin’s study that found no correlation between marijuana smoking and cancer was no different. If Tashkin’s results would have been the opposite, I guarantee that we would have heard a lot more about the study.

LA Weekly reports:

“The smoke content of marijuana is very similar to that of tobacco,” explains Tashkin. “There is a higher concentrate of cancer-causing chemicals in marijuana tar, and it reaches the lungs before any other organ, so there is this idea that they are related in causing the same health issues of the lungs.”

But, he says, “Through my studies, we failed to find any positive association.” Instead, “the association would be negative, between lung cancer and the use of marijuana. The likelihood is, that despite the fact that marijuana smoke contains carcinogens, we don’t see the same heightened risks of cancers that we see in tobacco.”

Tashkin also discusses the fact that smoking marijuana, unlike smoking tobacco, does not cause chronic obstructive pulmonary disease (COPD). “Reasoning for this may be that marijuana is a potent anti-inflammatory and suppressive,” he says. But “COPD is activated by tobacco smoke and other toxic substances.”

Dr. Tashkin expected to find that heavy marijuana use led to increased cancer rates, but he was pleasantly surprised. It would be nice if prohibitionists would be as willing to admit that they have been wrong with just about every dire prediction they have made about medical marijuana or cannabis legalization. The sky hasn’t fallen in Colorado; in fact, the state is booming. Nor have sensible cannabis policies brought down the social order anywhere. As the years progress and Reefer Madness continues to be replaced by reason and science, sensible cannabis laws will continue to flourish across the globe.

Reefer Madness Radical Chris Christie Doubles Down on Big Government Marijuana Mayhem

Chris Christie

New Jersey’s lame duck governor and likely long-shot Republican Party presidential candidate just can’t help himself. The Reefer Madness radical Chris Christie doubles down on big government marijuana mayhem by declaring that he would use federal resources to trample the will of voters in Colorado and other states that have legalized marijuana. Christie declared his Big Brother intentions, if elected president, on CBS’ Face the Nation. It is odd that Christie would stick with such an unpopular position that goes against the conservative principles of small government and states’ rights. While GOP voters lag behind Democrats and independents in their support of cannabis legalization, a strong majority agree that the issue should be left to the states.

The Guardian reports on Christie’s latests radical rhetoric:

Chris Christie says he’d revive enforcement of federal marijuana law in states that have legalized recreational use of the drug if he were president.

The New Jersey governor says if that position causes him political trouble in battleground of Colorado, so be it. He says he won’t pander to voters or hide his positions for political expediency.

Federal and some state laws on marijuana are in conflict. But the federal government has adopted a hands-off approach to states with lenient marijuana laws. The Justice Department has told such states that it won’t challenge their laws so long as marijuana is tightly regulated. Colorado is one of them.

It is amazing that Governor Christie has the gall to state that he won’t pander to the will of voters, yet he has clearly pandered to Iowa farmers by vetoing a pig crate bill “which would prohibit pregnant pigs from being held in cages called gestation stalls that limit their ability to turn around, lie down, or extend their limbs”. I wonder if Governor Christie would support President Obama using federal resources to shut down New Jersey’s medical marijuana or internet gambling law. I’m guessing that he would be okay with the marijuana, but not the gambling, but it would be good to get him on record to further demonstrate his true hypocrisy. It seems to me that Christie’s big government plans won’t play well in GOP primaries, but the cannabis community must remain vigilant and ensure that the next president has a sensible stance on cannabis, unlike the radical madness spouted by Mr. Christie.

Illinois on the Path to Marijuana Legalization

Medical marijuana legislation started on the West Coast initially, followed by the Northeast and then have moved into other areas of the country. Cannabis legalization seems to be following a similar trend. The politics of voters on the West Coast and New England states certainly favor legalization more than other areas of the country. Additionally, the initiative process, most prevalent on the West Coast, has been instrumental in bypassing the elected officials who have lagged behind the people on the issue. However, a few states in the Midwest are making major moves towards sensible cannabis laws and Illinois is certainly one of them. From The Chicago Tribune:

With a medical pot program underway and lawmakers voting last month to decriminalize the possession of small amounts of the drug, Illinois is following a path that three others states have taken toward legalization. Alaska, Colorado and Oregon rolled out medical marijuana and loosened pot penalties before approving the drug for recreational use.

Advocates caution that it could be years before Illinois takes further steps toward legalization. And some of the same politicians and lobbying interests who pushed for medical marijuana say legalization is not on their agendas. Still, activists believe — and some national polls suggest — the tide is turning.

At least five states have efforts underway to hold public votes this year or next on legalizing pot. But in Illinois, only the General Assembly, not voters through a statewide referendum, could act to legalize pot.

If Illinois had the initiative process, I imagine that the Prairie State would be on the shortlist of states looking to legalize marijuana for adults in 2016. Since the Illinois Legislature must pass any legalization measure 2020 should be a reasonable goal to end cannabis prohibition in the state. I once hoped that we would see a state legalize marijuana by 2020, so I have typically been conservative on my predictions and momentum for marijuana legalization seems to snowball at a rapid rate, so Illinois may surprise me.

The better prioritization of law enforcement resources, judicial savings and new revenue experienced by the early pioneers of marijuana legalization will certainly influence Illinois legislators and if Midwest states such as Michigan and Missouri pass legalization measures, then pressure will be Illinois to join the growing list of states benefiting from sensible cannabis policies. Ultimately, the voters of Illinois, who will only support legalization in greater numbers, will have their say and the politicians will respond to their constituents, but hopefully that day will come sooner, rather than later, as too much money is already wasted and too many lives are ruined.

Louisiana Close to Legalizing Medical Marijuana

The times look to be a-chaingin’ as Louisiana is poised to legalize medical marijuana after both chambers of the legislature has passed a medical law and Governor Bobby Jindal has signaled that he will sign the bill. Additionally, Governor Jindal has stated his support for decreasing penalties for marijuana possessed by non-patients as well. The Times-Picayune reports on the medicinal cannabis measure:

Those with doctor’s recommendation could obtain the drug in non-smokable form – like oils or a pill — at one of 10 dispensaries scattered across the state. The bill authorizes one growing — or cultivation — site.

The cultivation site was originally supposed to have been selected through a public bid process. But an amendment added on the House floor Thursday gives first priority to the LSU and Southern University Ag Centers to host the site, if the centers want the job.

The bill restricts the use of medical marijuana to patients suffering from glaucoma, spastic quadriplegia and for those undergoing chemotherapy treatment for cancer. However, the legislation requests that the Louisiana Board of Medical Examiners submit recommendations of other qualifying conditions or diseases — like epilepsy or AIDS — that should be added to the list. The deadline for those recommendations is 60 days before the next legislative session.

As marijuana law reform has swept across the nation, conservative states in the South have lagged behind the rest of the country. A few factors have curtailed reform efforts in conservative areas of the country. Arkansas is one of the few states to defeat a medical marijuana legalization measure (albeit narrowly) and Florida’s medical marijuana measure garnered 58% of the vote, falling just 2% shy of satisfying Florida’s 60% barrier. Republicans tend to dominate conservative states’ governments and the GOP traditionally hasn’t supported cannabis law reform as much as Democrats and independents. Also, few southern states have the initiative process and initiative states have led the way in improving marijuana laws as politicians have lagged behind the public on the issue. While not perfect, the bill is a step in the right direction and will hopefully lead to greater reform in Louisiana and help convince other conservative states to follow suit.

Marijuana Law Reform Progress in Congress, Still More Work Needed

Several marijuana law reform measures were voted on in the United States House of Representatives on Wednesday, with the most progressive measure was defeated 206-222. Congressman Earl Blumenaur’s amendment that would have officially allowed states’ to chart their own course on marijuana legalization narrowly failed, but states are primarily free from federal interference so long as following guidelines set forth by the Obama Administration. Hopefully, the next presidential administration will follow Obama’s marijuana policy, if not improve upon it. Wednesday’s narrow vote does demonstrate progress and it certainly looks like a states’ rights to marijuana bill looks passable in the next few years. As The Oregonian notes, progress was made on other fronts:

The House did pass three other amendments supportive of medical marijuana and the production of hemp, a non-psychoactive form of marijuana.

Representatives approved an amendment co-sponsored by Oregon Rep. Suzanne Bonamici that continues to prohibit the Drug Enforcement Administration from undermining laws in Oregon and other states that allow the production of hemp.

Also approved were amendments continuing a prohibition on federal interference with state medical marijuana laws and protecting state laws that allow the use of CBD oils from cannabis plants that have a variety of medical uses.

Wednesday’s vote in the US House is the latest example of elected officials creeping closer to the marijuana mainstream, but still lagging behind national polls. As cannabis law reforms are passed in cities and states across the nation, we can expect more and more elected officials to finally represent their constituents on the issue. The 206-222 vote is actually very heartening for me as it is only a matter of time before the common-sense provision is passed.

It doesn’t make any sense for the federal government to waste resources to interfere with states’ marijuana laws. A majority of Americans support legalization and a super-majority wants Uncle Sam to allow states to be the laboratories of democracy. While we don’t have enough Earl Blumenauers in Congress, the advances being made demonstrate the great leadership of Rep. Blumenauer and the undeniable fact that marijuana has gone mainstream and prohibition’s days are numbered.

NBA Players Association Should Take Up Marijuana Legalization in 2017

While not a huge sample size, TMZ Sports asked 10 active NBA players whether they thought medical marijuana should be legal for NBA players to utilize if recommended by their doctor and all 10 agreed that medicinal cannabis should be allowed. TMZ asked the NBA Players Association about the issue and the union stated that medical marijuana could be considered when the collective bargaining agreement is negotiated again in 2017, “We represent the players’ rights in their workplace. If this is an issue that membership feels strongly about, we would address it during CBA negotiations. This is a players’ rights issue.”

From TMZ:

One player told us, “How can you tell a guy with a prescription not to use it?? They should be allowed to have their medicine.”

Another said … “The NBA shouldn’t advertise for it, but I don’t see an issue if a player uses [with a prescription].”

Overall, the players believe the league needs to change with the times — though they agree, the NBA is more progressive than other major sports leagues like the NFL and MLB and could be a real trailblazer when it comes to pot policy.

This would be a great development for the NBA and hopefully other sports leagues would follow suit. Athletes put their body through a tremendous amount of stress, suffering serious injuries. Prescription painkillers are more addictive and overdoses can be legal. While medical marijuana may not be a cure-all for athletes, it could help them use fewer prescription narcotics, decreasing cases of addiction and potentially even save a few lives. NFL Super Bowl champion and Pro Bowl center Mark Stepnoski has stated that marijuana helped him during his career and marijuana didn’t prevent Ricky Williams from winning a rushing title or Michael Phelps from winning a record number of Olympic medals. And apparently, cannabis hasn’t prevented Kevin Durant from winning last year’s MVP award and becoming one of the top players in the NBA. Here’s hoping that these 10 anonymous players have helped start a trend in all major sports leagues towards a more sane cannabis policy that benefits the health of its athletes.