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.

Hemp Vs. Cannabis Battle in Oregon

The political efforts to legalize marijuana and hemp have gone hand in hand over the years, but now that legalization of industrial hemp and cannabis is a reality, a schism has developed in Oregon. Southern Oregon, known for its great cannabis-growing climate, is ground zero for the battle as medical cannabis growers are concerned about cross-pollination from industrial hemp. The Oregon Department of Agriculture has issued 13 industrial hemp licenses thus far and cannabis cultivators are asking the state to rescind those licenses through an amendment that has been proposed in the Oregon Rules Committee. From the Register Guard:

The amendment “is designed to kill this industry,” said Mark Gatlin, a Grants Pass city councilor at a brief hearing on Wednesday.

After receiving his license earlier this year, Cliff Thomason planted hemp on 43 acres near Williams in Josephine County last month. His main goal is to produce hemp for medical purposes, as a nonpsychoactive alternative to medical marijuana, he said.

Thomason said he can’t understand why lawmakers are proposing such a heavy-handed approach.

“I’ve been waiting eight years (to grow hemp), and now they’re already trying to shut me down,” he said. Lawmakers “are trying to give preference to medical marijuana over hemp on what is notoriously some of the best farmland for cannabis.”

This is a serious issue that has split natural allies. It is easy for me to consider the plight of both sides of the argument. Hemp has so many uses and Oregon can help lead the nation in a sustainable, environmentally-friendly crop. However, Oregon’s medical cannabis fields supply the state’s patients and will be the foundation for the state’s upcoming legalization system. I hope that there is a compromise based upon science and that cooler heads will prevail. Now that legalization is a reality, it is time for Oregon to lead the way in both hemp and cannabis production in a way that sufficiently addresses the concerns of all involved.

 

Bobby Jindal Will Sign Marijuana Reform Measures

In yet another example of marijuana law reform going mainstream, conservative Republican Governor Bobby Jindal has stated that he will sign measures to improve Louisiana’s marijuana laws if they make it to his desk. Not that long ago, cannabis law reform seemed to be a liberal progressive issue, but more and more conservatives seem to have seen the light. Today, it seems like marijuana law reform is one of the few bipartisan issues that Democrats and Republicans can agree upon.

From The Times-Picayune:

There are three bills moving through the state legislature affecting Louisiana’s marijuana laws. Two of them (SB 241) and (HB 149), which are nearly identical, would reduce the tough sentences judges are allowed to hand down for repeat marijuana offenses; reduce a second marijuana offense from felony to misdemeanor; and allow first-time convictions for simple possession to be erased after two years.

The bills also set up a simple possession charge for smaller amounts of marijuana and more serious charges that can be brought for larger amounts of marijuana that drug dealers and distributors typically possess.

The third bill sets up a framework for patients in need of medical marijuana treatment to be able to get the drug if a doctor prescribes it.

There are many reasons to support cannabis law reform. Some issues conservatives can certainly agree upon, others liberal and many all political persuasions can support. Sensibly and incrementally reducing marijuana penalties has been estimated to save Louisiana taxpayers $16 million. Saving millions of dollars seems to be a political position that all can support and is understandably sweeping the nation in city after city, state after state.

 

PFC Jared Hunter’s Unfortunate Choice

Military vets (and their families) sacrifice so much for our country. While we may not support every military action that our nation engages in, we must remember that service members don’t choose their battles, they are sent to war by civilian politicians. Our soldiers have to face the horrors of war, terrible events that would cause any sane person post-traumatic stress.

Miami Herald Columnist Leonard Pitts, Jr., reported on the plight of Private First Class Jared Hunter, as he battled PTSD, and found relief from medical marijuana:

Marijuana had saved him. Then, last year, police came to his door. He still has no idea who tipped them off. They arrested him and confiscated marijuana plants he says he was growing for his own use. Hunter found himself facing five years in prison. Prosecutors offered a deal: Plead guilty and accept probation. He refused. He didn’t want to be branded a criminal and stripped of his civil rights.

But last week, he accepted a new offer. It requires him to pay court costs and costs of prosecution, amounting to less than $1,000. His record will show not a conviction, but a withhold of adjudication — essentially, a judicial get-out-of-jail-free card that leaves his civil rights intact.

One is glad Hunter’s legal travails have come to such a favorable end. But who’s to say the next person in his position will be as fortunate? More to the point, we should be appalled this sort of thing is even possible, that a veteran can be threatened with prison because he used the only effective treatment for a wound incurred in the service of his country.

A United States military veteran commits suicide every 65 minutes. Let’s not just thank our veterans.This is a national outrage that needs to stop. Medical cannabis has helped many people overcome post-traumatic stress, whether from the battlefield or from other traumatic events.  We must hold our politicians accountable and ensure that our veterans have every opportunity to heal from all of the wounds of war.

Kelly Clarkson Supports Marijuana Legalization

You would have to be living under a rock to not recognize that marijuana has gone mainstream in our society. Cannabis law reform measures are winning at the ballot box and more and more prominent people are supporting legalization. From entertainers to politicians, people are feeling comfortable coming out of the “cannabis closet” to either announce that they use cannabis themselves or support legalization.

Kelly Clarkson, one of America’s sweethearts, is the latest prominent entertainer to announce her support for legalization. From Rolling Stone:

You recently came out in favor of legalizing marijuana. How come?
I’m not even a pothead, I just think it’s funny that we legalize something as destructive as alcohol or pills and not that. Don’t get me wrong, I love me some alcohol, but I don’t know anybody in rehab because of pot. And I know a ton of people that have died either from liver cancer or behind the wheel. We legalize things that are so disturbing for our bodies, but one that’s completely fine, we say, “No, that’s bad for you.” I’m like, “Okay, enjoy your scotch. Enjoy your Xanax.”

Marijuana legalization will likely be on the ballot in California, Nevada, Ohio and a few other states in the upcoming years, so we can expect more people to live in areas with legal marijuana. Also, the issue will certainly be an important issue in the upcoming presidential election. If he is paying attention to the polls, Bernie Sanders will see that marijuana legalization will be one democratic primary advantage that he has over Hillary Clinton. Rand Paul, wisely, sees that sticking to his libertarian principles on drug laws, puts him in alignment with young Republicans and gives him the opportunity to bring new voters to the GOP. Thank you, Ms. Clarkson, I expect that your support will only encourage more prominent people to come out of the cannabis closet and into the marijuana mainstream majority.

Jeff Mizanskey’s Sentence Commuted

“FREE JEFF MIZANSKEY!” became a rallying cry for the amazing activists at Show-Me Cannabis and civil libertarians across the nation. In fact, anyone that cares about fairness and justice can’t justify a nonviolent marijuana law offender spending longer in prison that rapists, robbers and even some murderers. The tragic plight of a nonviolent man sentenced to life in prison without the possibility of parole illustrates the harms and unintended consequences of the Drug War.  Show-Me Cannabis has done a tremendous job publicizing Jeff Mizanskey’s case and garnering support for his release from across the political spectrum. It feels me with joy that Mr. Mizanskey, who has already spent too long in prison, will now have an opportunity to be paroled, following a commutation from Missouri Governor Jay Nixon.

From Show-Me Cannabis:

Late this afternoon, Governor Nixon announced he’d commuted Jeff Mizanskey’s sentence from life without parole to a life sentence with parole eligibility, almost guaranteeing Jeff’s freedom in the immediate future. While Jeff’s release must now be approved by the state parole board, Jeff has been a model prisoner with no violence or disciplinary issues, and is extraordinarily likely that he will meet the conditions for parole eligibility. It is our hope that he is re-united with his family sometime this summer.

Thanks to everyone who took the time to call or write the Governor about this issue. There are a ton of people who share credit for today’s news, including everyone who contacted the Governor’s office to advocate for Jeff’s release. Your hard work, combined with pressure from a statewide media campaign and the actions of courageous legislators, such as Shamed Dogan, made this possible.

From here, the parole board will schedule a hearing to decide on Jeff’s release. This is likely to happen sometime this summer. Our hope and expectation is that they will immediately grant parole. While today is absolutely a day to celebrate, let us always remember that we must continue to fight for others serving unjust sentences for cannabis. Jeff will soon be free, but we will continue to fight for others like David and Natalie DePriest who recently received 15 year prison sentences for growing 20 cannabis plants in their closet. We hope you will continue to support our efforts by making a contribution of $10, $25, or $50 to help end the war on cannabis and free its victims.

Today is such a great day for Jeff Mizanskey, his entire family and the many, many people who helped shine a light on his cruel punishment. I am so proud of Show-Me Cannabis and every single person that has fought for Mizanskey’s release. The fact that such draconian sentences are levied in a free country is mind boggling and puts into perspective why drug law reform advocates do what we do. While prohibitionists like to claim that advocates only care about getting high or are all about making money with a new industry, the case of Jeff Mizanskey demonstrates the real reason we fight unjust laws and the compassion at the heart of our fight. We strive for a day, when no one is locked in a cage for nonviolent drug offenses.  And days like today, when we can celebrate with Jeff Mizanskey and everyone that cares about him, are so rewarding and let us know that, one day, the truth shall set us all free.

You can donate to Jeff Mizanskey’s “Coming Home” fund here. 

Illinois Senate the Latest Legislative Body to Pass Marijuana Decriminalization

Marijuana decriminalization is a sensible policy that has both liberal and conservative rationales. It saves money, better prioritizes police resources and prevents minor marijuana offenses from ruining the lives of otherwise law-abiding citizens. The last three United States presidents all are known to have used marijuana and you can most likely add the next president as a former user as well. It is great to see cannabis decriminalization measures passing all across the country, for both the good policy aspect and the fact that decriminalization moves the state one step closer to legalizing cannabis.

Illinois looks to be the next state to decriminalize marijuana, with up to 15 grams being a civil fine, like a speeding ticket, instead of an arrestable crime that can have serious repercussions on one’s employment and educational opportunities. The bill will go through some amendments before it is sent to Republican Governor Bruce Rauner’s desk. The Illinois Senate passed the decriminalization bill, sponsored by Democrat Michael Noland, with a 37 to 19 vote as the Chicago Tribune reports:

“It’s wrong, and I would encourage the children of this state and my own children to abstain from the use of the substance, but people do use this, and it should not be something that ruins social lives and professional lives as well,” said Noland, who is mulling a bid for the 8th Congressional District seat now held by U.S. Rep. Tammy Duckworth of Hoffman Estates. “People have been arrested at very young ages for this and have suffered the consequences.”

Supporters said the measure would keep low-level drug offenders out of the state’s clogged jails and prisons. Earlier this year, Rauner announced a goal of reducing the state’s prison population by 25 percent over the next 10 years. On Thursday, Rauner spokeswoman Catherine Kelly offered the administration’s standard response when asked about pending legislation: “The governor will carefully consider any legislation that crosses his desk.”

Another sponsor of the measure, Rep. Kelly Cassidy, D-Chicago, said she doubted that decriminalization would lead soon to the legalization of marijuana in Illinois. But she said the trend is in that direction.

As the Chicago Tribune notes, this bill comes on the heels of Cook County State’s Attorney announcing that Illinois most populous county (where Chicago resides) would stop arresting people for minor marijuana offenses. This decriminalization measure following Cook County’s policy change, along with the statement from Illinois Representative Kelly Cassidy that the state is trending toward legalization, demonstrates the step-by-step nature of marijuana law reform. Hopefully, Governor Rauner will sign this decriminalization bill and Illinois advocates can start lobbying for full legalization in coming legislative sessions.

NPR Profiles Green: A Field Guide to Marijuana

Most stoners have probably seen Jason King’s The Cannabible, probably all three in the collection. “What a wonderful job,” many a stoner has certainly muttered, wishing that our job was to photograph (and sample) the best cannabis in the world. Following in the the footsteps of Mr. King are Erik Christiansen and Dan Michaels, who have captured great shots of a variety of strains in Green: A Field Guide to Marijuana. NPR spoke with the Mr. Christiansen about his beautiful coffee-table book:

Seeing the buds close up accentuates the variations — some have these wiry golden threads and others are tightly coiffed, like beehive hairdos. They seem to take on personalities. What does this tell us about the plants?

You can take the same plant and give a clone to six different growers and at the end of that grow cycle each will be unique in its own way, based on the nutrients that the growers us, the CO2 content of the air and the temperature of the room. Being able to get up close and see those differences is important.

If you look at any of the pictures, there are these little balls on the end of each plant— that’s where the THC is stored. The more little balls, or trichomes, that are present on the buds, the more potent it can be. The color will also tell you a lot about the effect it will deliver. More amber-color trichomes will deliver a more body effect, where lighter-colored trichomes will be more of a head-y effect.

The book looks great and it seems like the creators put a lot of time into “researching” the strains (tough job that somebody has to do.) I look forward to checking out the bud porn and reading about the multitude of strains currently available. This is a book that will probably be on the short list of “things I should I buy my stoner friend for his or birthday (besides weed, of course)”.

Senate Bill 964 Passed Through Senate Committee and Moves Onto the Senate Floor

Senate Bill 964 passed through the Senate-only Implementing Measure 91 Committee tonight unanimously and will now move onto the Senate floor for a vote. The vote is expected to occur next Tuesday, giving advocates time to urge senators to oppose the measure. Senate Bill 964 co-sponsor, Ginny Burdick, hopes to have a clear majority in the Oregon Senate to force the Oregon House to pass the measure as-is. It is imperative that concerned citizens contact their senators. You can find your legislators here.

Advocates, including folks here at Marijuana Politics, have been fighting Senate Bill 964 and similar bills this entire session and it took extraordinary measures by Oregon senators to move the bill out of committee. House Democrats, led by Reprsentatives Ann Lininger, Peter Buckley and Ken Helm have been leading the legislative effort to block the bill, protesting the fact that SB 964 allows cities and counties to ban medical marijuana dispensaries without a vote of the people.

Senate Bill 964, while having some good provisions, will decrease the number of plants allowed at grow sites; add fees; allow for garden inspections; mandate reporting; force growers to keep records for two years; and changes the definition to “mature plant” to include non-growing plants that are drying. Senator Prozanski brought up the fact that more people could get arrested and prosecuted by the fact that drying branches could even be counted as mature plants and Senator Burdick even mentioned that she didn’t intend for that to occur, mentioning that a future amendment could correct the mistake; strangely, the committee members decided to pass the bill with such a glaring error.

While patients and advocates have lost a battle, the war isn’t over. Senate Bill 964 still has to pass through the Senate, then move onto a House committee, get a majority vote on the House floor and pass through the Oregon Joint Ways and Means Committee. There is still an opportunity to defeat this bill. Stay tuned to Marijuana Politics for future calls to action over the coming days.

Longtime Activist John Sajo’s Open Letter to Oregon Governor Kate Brown

 

Oregon politicians are planning on dismantling the Oregon Medical Marijuana Program (OMMP) and go against the will of voters by passing Senate Bill 964, without any public testimony. Previous to Senate Bill 964 being crafted in the cover of darkness, the precursor bill was Senate Bill 844. Senate Bill 964 could lead to intrusive “seed to sale” tracking that could make it too expensive for compassionate growers to continue providing free or low-cost medical cannabis for patients, especially considering a  letter calling for extensive tracking from Oregon Governor Kate Brown. Under Senate Bill 964, the Oregon Health Authority has unfettered access to force growers to comply with tracking requirements, such as cameras providing a live feed to government agencies and unannounced inspections that can lead to law enforcement being called for any violations.

Longtime activist John Sajo’s open letter to Oregon Governor Kate Brown is very pertinent to the Senate Bill 964 debate as hardly anyone has as much experience with the Oregon cannabis community than Mr. Sajo. The leader of the 1986 legalization attempt, Sajo articulately illustrates the futile nature of trying to curtail the black market with rules and regulations that will only push Oregon growers underground. This letter was first published at www.CannabisAndSocialPolicy.org:

This is an open letter to Governor Kate Brown regarding SB 844, and tracking medical marijuana.

My name is John Sajo and I would like to comment on your May 1, 2015 letter to the Joint Committee on Implementing Measure 91.

I have been an advocate for marijuana reform for over thirty years. I collected my first signatures on a marijuana initiative petition in 1982. I have spoken to legislators about marijuana laws every session since then. I advised the drafters of measure 67 (the OMMA) on the language of that law and worked on that 1998 campaign. I co-founded Voter Power, an Oregon nonprofit which worked on implementing the OMMA and advocated for broader marijuana reform. I co-authored measures 33 and 74 which unsuccessfully attempted to legalize dispensaries in 2004 and 2010. I served on the Advisory Committee on Medical Marijuana from 2006-2010. I advised the sponsors of measure 91 on the language of the initiative and contributed financially to the campaign. I served on the Roseburg Advisory Committee on Medical Marijuana in 2014. I am currently the Executive Director of the recently formed Umpqua Cannabis Association.

There is much discussion about eliminating the black market as one of the goals of Measure 91. Breaking the black market down a little bit will help analyze how to reduce it. There are many different aspects of the black market but they are not equally dangerous.

The black market is any sales of marijuana outside the legal, regulated system. After July 1 , when legalization takes effect, there will be many ways marijuana can be transferred between adults that will be legal but outside the regulated market. Any adult will legally be able to give any other adult up to an ounce of marijuana. Anyone holding a medical marijuana card can already legally give any other cardholder up to 24 ounces of marijuana. Thousands of pounds of marijuana will be exchanged legally between adults outside of the regulated market.

An adult selling anyone marijuana anywhere other than in a medical dispensary or rec store will be illegal. Anyone selling marijuana to a minor will be illegal. These transactions constitute the in-state black market. They can range from a friend or neighbor exchanging cash for marijuana at home to someone buying marijuana from a stranger on the street. There have been established criminal networks distributing marijuana illegally for decades.

The out-of-state black market is noteworthy because the Cole memo requires states to maintain a robust regulatory structure to prevent it. Oregon has a long history of exporting marijuana. In 1986, Oregon marijuana legalization activists campaigned with a brochure headlined ” Oregon ‘s Billion Dollar Crop” that was based on NORML’s estimate of the value of Oregon ‘s marijuana crop that year. Marijuana seized in other states has been linked to OMMP gardens in many cases but this must be considered in the context of an underground market that was estimated at a billion dollars thirteen years before the OMMA even existed. The percentage of Oregon marijuana exports related to the OMMP is unclear.

Many marijuana grows linked to Mexican cartels have been busted on public lands in Oregon . The largest seizure a few years ago was over 100,000 plants. Presumably most of this marijuana is exported from Oregon through existing criminal networks. There is also a substantial amount of marijuana “hidden in plain sight” in basements, warehouses and outdoors that is cultivated by Oregonians illegally and shipped out of state. Many out of state marijuana seizures are linked to Oregonians with no ties to the OMMP.

After July, marijuana will illegally “leak” out of Oregon through many different channels. Marijuana will be shipped through the mail and through private carriers. People will drive marijuana out of state in their cars. People will fly to other states with marijuana in their luggage. Millions of cars and millions of airline passengers leave Oregon every year. To put the challenge of stopping leakage in perspective note that Colorado sold 140,000 pounds of marijuana in 2014. If Oregon produces a similar amount it would only take a half dozen semi trucks to carry the entire state’s production. Smugglers are no doubt becoming more sophisticated and shipping more marijuana concentrates. A million dollars worth of “shatter” could easily fit in one car. Stopping leakage from Oregon to other states should be recognized as an unattainable goal in a free society.

SB 844 proposed reporting and potential inspections of small medical marijuana gardens as part of a robust regulatory structure to satisfy the Cole memo. This was called “tracking light” but for the thousands of patients and growers who would be subject to warrantless searches of their homes it is not. You write, “I fear that a self-“reporting system of tracking in not sufficiently reliable.” Please consider the burden more rigorous tracking will place on individual patients and medical marijuana growers who are helping a small number of patients.

There are many OMMA patients who depend on their own garden or a grower because they will never be able to afford to buy marijuana at a dispensary. In 2014, 44% of OMMA patients qualified for low income discounts. Intrusive regulations may drive growers for these patients out of the OMMP system and will leave these patients with a difficult time obtaining medical marijuana.

I support tracking of large commercial marijuana farms, but tracking of small patient gardens is an unwarranted government intrusion into the private lives of patients and people trying to help them. Some people support those provisions because they believe it is necessary to satisfy the Cole memo.

The Cole memo does not specify exactly what is required to continue federal tolerance of Oregon ‘s legalization law. It does not mention tracking. In his testimony to the Senate Judiciary Committee on September 10, 2013 , James Cole did say, ” As the guidance explains, a jurisdiction’s regulatory scheme must be tough in practice, not just on paper. It must include strong enforcement efforts, backed by adequate funding.” There will never be adequate funding to audit every small garden. Oregon has allowed patients and growers to sell untracked marijuana to dispensaries for over a year and the federal government has shown no interest in shutting this down. Washington has a chaotic medical marijuana market with no tracking and the federal government has not acted to shut that down. In December, Congress passed a budget rider that forbids the U.S. Justice Department from spending money pursuing activity legal under a state medical marijuana law and the significance of this is currently being litigated.

Tracking is appropriate for the commercial marijuana industry because it will raise quality, improve farmers’ best practices, and promote efficiency. It will allow any contaminated product to be traced back to its source to identify the cause and minimize any adverse public health impact. Tracking large producers, backed by audits will minimize leakage where it would be most significant. Tracking all the small gardens is unrealistic. Requiring tracking on small cooperative gardens merely adds a burden on patients and their caregivers. What if a patient growing for other patients fails to report or makes mistakes. Are we going to penalize a struggling sick person for being unable to comply with arbitrary and unnecessary red tape?

Tracking finished products is one thing. Tracking plants is quite another. The quality of information in a plant tracking system is suspect. Potentially millions of events and measurements will be tracked. Who is going to audit all that data? When a farmer reports that a plant was destroyed due to mold or bugs, is an inspector going to come check the compost pile? If cameras are required to audit the tracking system in real time, are they going to include night vision sensors to prevent cheaters from picking and diverting flowers in the dark? Can we be confident that hackers will never be able to modify the online data? How will we insure that OLCC employees are not corrupted the old fashioned way with bribes or threats? Tracking may sound good in the abstract but when applied to the real world situation of monitoring growing plants in diverse environments its effectiveness should be balanced against costs.

The only way to diminish the black market is to create a thriving efficient regulated market that significantly undercuts black market prices and offers wider selection, better quality and a safe comfortable environment. The regulated market can produce marijuana much cheaper by allowing commercial growers to cultivate without arbitrary plant limits. The black market can be defeated by market forces, not by arbitrary rules with lots of unintended consequences.

In your letter, you refer to the “costs of a seed-to-sale tracking system for all licensed or permitted marijuana growers…” First, I argue that the dollar costs of actually providing anything beyond the self-reporting system for all the 35,000 OMMA gardens would be astronomical. I doubt it is even possible. Second there is a huge cost in terms of personal rights. Self-reporting and possible inspections are already violations of the right to unwarranted search and seizure. Beyond that, these provisions are causing discomfort and stress to thousands of patients and the people that care for them. At a time when any Oregon household can possess and cultivate marijuana, why should patients or people assisting them by producing marijuana for them be subject to greater scrutiny.

Oregon can and will greatly diminish the in-state black market. The most important part of this will be much lower prices. The problem with this solution is that it will exacerbate the problem of out of state leakage. As Oregon prices drop, more out of state tourists will be attracted here and some will try to take marijuana home to other states. This highlights the real elephant in the room – federal law. It might be worth pointing out that some of this out of state leakage is desperate medical patients from other states seeking relief in states where their medicine is legal. Last year a Missouri patient traveled to Colorado to see if marijuana would help her. It did. She tried taking some home but was arrested driving through western Kansas , where she died in jail because she was denied access to her prescription drugs. An Oregon patient I know was convicted of a felony for mailing marijuana to herself so she could medicate while visiting family in another state. We might also ask if it isn’t better for Americans in other states to be buying marijuana from Oregon rather than supporting the Mexican drug cartels which represent a clear and present danger to national security?

Oregon must implement Measure 91 to satisfy the Cole memo but there are many ways to do so. We should also be aware that actually succeeding in its goals would have some negative unintended consequences. I suggest that Oregon should also spend time and resources trying to lead the federal government away from a dysfunctional and destructive policy that is unsupported by either the citizens of our country or science.

What are some alternatives to seed to sale tracking to minimize out-of-state leakage? I suggest focus tracking on people and money, not plants and patients. There is a virtual gold rush of out-of-state investors seeking to buy marijuana farms and businesses. The most significant and destructive leakage would be if organized criminal enterprises like Mexican cartels or biker gangs in other states own and control Oregon farms. Regardless of tracking, I believe such organizations would be able to divert large amounts of marijuana into their existing distribution networks. This activity could be minimized by delaying out-of-state ownership of marijuana farms businesses and carefully regulating investment in such business. This would prioritize focusing on the most harmful aspects of leakage and would do so with inexpensive effective tactics.

Again I suggest that the best way to eliminate the black market is to allow the legitimate market to undercut it. Timing is very important. Senator Ferrioli’s suggestion that medical dispensaries should be allowed to sell to adult users on July 1 makes sense. Allowing people to legally possess marijuana but giving them no way to legally obtain it for months -if they grow their own- or a year – if they buy at OLCC licensed stores- is a recipe for stimulating, not eliminating, the black market.

Thank you for considering these ideas. I look forward to communicating further with your administration as Oregon implements legal marijuana.

John Sajo
Director, Umpqua Cannabis Association

Mr. Sajo is right. Oregon will not curtail the black market with extensive rules and regulations. Anyone familiar with the Oregon cannabis community, especially the growers in Southern Oregon, will know that they have strength in numbers and they can all go to the black market and Oregon authorities will not be able to stop the flow of marijuana into the black market, they will only exacerbate the flow. Only by making rules and regulations sensible, will Southern Oregon growers be willing to come into the light of the day.

Cannabis is an Embarrassment of Riches

For many people, the multitude of medical uses of cannabis is too much to take. Since they find it hard to believe that one plant can tackle so many ailments and debilitating conditions, they falsely conclude that all of the medical uses must be hooey. I must admit that I was one of those people as well. It just seemed too good to be true. However, as more and more research is being conducted, science is bringing to light what the cannabis community has known for decades–marijuana is real medicine.

National Geographic has just published a great piece tracking some of the history of of medical marijuana and hemp, touching on the evolution of the plant and demonstrating how far we have come today:

In Siberia charred seeds have been found inside burial mounds dating back to 3000 B.C. The Chinese were using cannabis as a medicine thousands of years ago. Marijuana is deeply American too—as American as George Washington, who grew hemp at Mount Vernon. For most of the country’s history, cannabis was legal, commonly found in tinctures and extracts.

Then came Reefer Madness. Marijuana, the Assassin of Youth. The Killer Weed. The Gateway Drug. For nearly 70 years the plant went into hiding, and medical research largely stopped. In 1970 the federal government made it even harder to study marijuana, classifying it as a Schedule I drug—a dangerous substance with no valid medical purpose and a high potential for abuse, in the same category as heroin. In America most people expanding knowledge about cannabis were by definition criminals.

But now, as more and more people are turning to the drug to treat ailments, the science of cannabis is experiencing a rebirth. We’re finding surprises, and possibly miracles, concealed inside this once forbidden plant. Although marijuana is still classified as a Schedule I drug, Vivek Murthy, the U.S. surgeon general, recently expressed interest in what science will learn about marijuana, noting that preliminary data show that “for certain medical conditions and symptoms” it can be “helpful.”

The entire National Geographic article is certainly worth reading as Hampton Sides interviews the chemist Raphael Mechoulam, who discovered THC; a botanist; biochemist Manuel Guzmán, who has found THC to reduce and even eliminate tumors in mice; a caregiver and a geneticist to shine a light on the current state of medical marijuana science. From glaucoma to Crohn’s disease to inflammation to potentially even unlocking the cure for cancer, the medical properties of marijuana are clearly astounding. Dr. Mechoulam regrets that he doesn’t “have another lifetime to devote to this field, for we may well discover that cannabinoids are involved in some way in all human diseases.” Manuel Guzmán has a “gut feeling” that cannabis is a real cancer killer. Geneticist Nolan Kane, a researcher at the University of Colorado, states that cannabis “is an embarrassment of riches.”

While it is heartening to learn about the cutting-edge scientific advancements we are making with medical marijuana, it is sad to think about all of the people denied the benefits of this important medicine all of these years, and even across this great nation today. When local politicians in a progressive state like Oregon are allowing the Drug War mentality to seep into their policies  and wannabe presidential candidates like Chris Christie proclaim that they would use federal agents to run roughshod over voters’ will and halt cannabis commerce, it demonstrates how vigilant we must be. While we are winning this war waged upon us, it is literally a matter of life and death that we prevail so we can truly ensure that people are never denied safe access to a safe and important medicine.

Marijuana Reform Bill Passes Kansas’ House

Yes, Kansas. “We’re not in Kansas anymore, Toto,” shocked prohibitionists may mutter, as they are unable to utilize old Reefer Madness propaganda, or the repackaged Big Reefer Madness 2.0, in conservative states anymore. More and more conservatives are now advocating for the small government principles underlying marijuana law reform.After seeing a Texas Tea Party legislator’s bill to end cannabis prohibition in the Lone Star State pass out of a Republican-dominated committee, a positive marijuana reform bill is moving forward in the Sunflower State. From the Belleville News-Democrat:

Kansas’ GOP-dominated House passed the bill by a wide margin Thursday, making it the most serious push to liberalize Kansas’ marijuana policies in decades. The bill would decrease penalties for marijuana possession, order a state study of industrial hemp and allow limited production and sale of hemp oil to treat seizures.

Democratic Rep. Gail Finney from Wichita, who for many years has supported comprehensive marijuana legislation, said efforts to “educate” the Legislature have “paid off.”

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Republicans provided most of the 81 votes the measure needed to move to the Senate, and Shawnee Republican Rep. Brett Hildabrand saying partisan lines are now blurred on marijuana policy, which he views as “not a Republican issue or a Democrat issue.” And Republican Majority Leader Jene Vickrey from Louisberg said the bill was successful because it was “very guarded, very carefully drafted” and “Republicans are companionate toward individuals that have health concerns.”

Kansas has seen an emergence of marijuana law reform activity lately as Wichita voters passed a decriminalization measure and advocates have rallied around the radical governmental intrusions into Shona Banda’s family life. Tea Party legislators in Texas, major Republican presidential candidates and conservatives in Kanas are proof positive that marijuana has not only gone mainstream, but is now becoming the sensible, smart political policy choice, regardless of your party affiliation. In a day where ordinary Americans are concerned with serious issues like terrorism, record government spending, budget shortfalls, unconstitutional government spying, etc., better prioritizing resources, saving millions of dollars and even generating millions in additional revenue becomes a mainstream, moderate middle position that will eventually be enacted from coast to coast, like a marijuana Manifest Destiny.

Marijuana Perplexes the 2016 Republican Hopefuls

Marijuana legalization has been making inroads with Republican voters, especially millennials, but GOP support has lagged well behind Democrats and independents. Cannabis law reform advocates have long pointed out the conservative values demonstrated by marijuana legalization, including personal freedom, personal responsibility, entrepreneurship, smaller government and states’ rights. Marijuana law reform has split prominent Republicans, some who are already running for president, others contemplating a 2016 run. While not fully embracing legalization like his father, Senator Rand Paul has expressed support for medical cannabis and states’ rights to choose their own policies while New Jersey Governor Chris Christie has pledged to use federal forces to shut down states’ regulated marijuana systems.

The Los Angeles Times reports that GOP candidates opposing legalization are facing a dilemma as they “are running against the tide of opinion in the country overall, a conundrum the party faces on a host of social issues, including same-sex marriage.”

In a recent Pew Research Center survey, 53% of Americans polled said they supported legalizing marijuana, compared with 44% who were opposed. The political divide was stark. Only 39% of Republicans favored legalization, compared with 59% of Democrats and 58% of independents.

Still, there was some nuance among Republicans: When asked whether the federal government should enforce its anti-pot laws in states that allowed marijuana use, 54% said it should not, while 43% said the government should enforce federal marijuana laws.

That result points to one of the central dilemmas confronting the party’s voters and candidates on the issue of marijuana: They favor a weaker federal government and giving more power to the states in general, but when it comes to pot, a substantial bloc of the party wants the federal government to rein in the states.

As The Los Angeles Times notes, cannabis policy is a major dilemna for Republican candidates as they seek the GOP’s 2016 presidential nomination. The candidates have to cobble together a winning coalition that includes fundamentalists, conservatives, moderates, business interests and libertarians. With several marijuana ballot measures expected on the ballot, it will be very unpopular for any candidate to proclaim that they will use federal resources to override the will of the voters who choose to legalize marijuana, medical and/or recreational.

While Republicans may write off the West Coast, they certainly don’t want to upset the swing voters in Colorado or states that may have marijuana measures on the ballot in 2016, such as Nevada, Missouri, Ohio and Florida. Republicans would be wise to at least adhere to a states’ rights point of view on the issue, although some Republicans may want to consider not ceding the more libertarian position to Rand Paul. It will certainly be interesting to watch and the cannabis community will certainly be paying attention and will be organizing, voting and donating accordingly.

Marijuana Moves Mainstream in Texas

Marijuana moves mainstream in Texas!?! In Texas?!? Are we really talking about Texas? Yes, we certainly are talking about Texas and when Tea Party politicians in the Lone Star State are advocating for an end to cannabis prohibition, you know that marijuana has gone mainstream and legalization is completely inevitable. Although legalization is inevitable, there is still a lot of work left to be done in Texas and across the country, so this isn’t the time for cannabis law reform advocates to let off the pedal.

Now is the time to work harder than ever before because the political establishment and prohibitionists across the country aren’t letting up–they will continue to pull out all the stops to maintain their Reefer Madness policies. However, it is important for advocates to celebrate all victories, large and small, so it is nice to see a Texas State House committee vote to approve a measure to end cannabis prohibition, even though the bill is unlikely to pass through the entire Texas Legislature. The Dallas Morning News reports:

A House committee voted to approve a proposal Wednesday that would remove all mention of marijuana from criminal statutes. The measure by conservative Rep. David Simpson, R-Longview, is the first of its kind in Texas, and many are surprised by its progress.

When Simpson filed the bill in March, he said “God did not make a mistake when he made marijuana that the government needs to fix.”

Pot backers called the vote an “important step” to eventually ending marijuana prohibition. The approved measure was amended to make it a Class C misdemeanor to sell marijuana to minors.

Texas, without an initiative process, will likely take a while to legalize cannabis, but this bi-partisan committee vote demonstrates that marijuana has gone mainstream as a political issue in Texas and we should see more and more legislators agree that cannabis prohibition has been a harmful disaster. Alaska broke the mold and passed legalization via an initiative as the conservative state with a libertarian bent became the first “red” state to legalize marijuana. Florida’s medical marijuana ballot measure, garnering 58% of the vote, just 2% shy of victory in the Sunshine State and Arkansas’ 2012 medical marijuana’s initiative barely lost at the ballot box, securing 49% of the vote. Ohio is looking to legalize marijuana in 2015 or 2016 and my birth state of Missouri is on the short list of 2016 states as well, so marijuana could be moving more into the mainstream in the Midwest very soon.

With cannabis icon Willie Nelson; Super Bowl winner and Pro Bowler Mark Stepnoski; Brian Cuban, the brother of Dallas Mavericks’ owner Mark Cuban; and University of Texas Heisman Trophy winner Ricky Williams are all prominent cannabis law reformers with Texas ties and such prominent voices, joined by Texas Tea Party conservative David Simpson will only advance the cause for cannabis freedom in the Lone Star State. Heck, even former Texas Governor Rick Perry has signaled support for decriminalization and stated that states should make their own decisions on marijuana. Also, Dallas/Fort Worth NORML is one of the top local marijuana law reform groups in the country. Once seen as potentially on the short list of the last states that would legalize marijuana, it is great to see Texas helping move marijuana more and more into the mainstream.

Colorado’s Economy Still Booming After Marijuana Legalization

Reefer Madness prohibitionists loudly screamed that the sky would fall in Colorado following marijuana legalization. They predicted increased violent crime, increased dangers on the highways and that there would be a huge spike in marijuana-addicted zombies ruining the state’s economy. Cannabis prohibitionists like to claim that the social costs of marijuana outweigh the tax revenue and law enforcement savings, often comparing marijuana to alcohol and tobacco, but those comparisons don’t hold water as one can easily compare the number of deaths attributed to the various substances.

With such proclamations from supposed mainstream voices, it isn’t surprising that D.A.R.E. would fall for a satirical website and claim that marijuana-infused edibles recently killed a dozen Coachella concert goers. Opponents of cannabis legalization have been so wrong on their predictions, that they make Dick Morris and Chicken Little seem reasonable. The best and the brightest of the cannabis prohibitionist movement in this country proclaimed in January of 2014, that, “Voters in other states should watch Colorado closely and engage in a deep conversation about where they want this country to go. Buyer, beware.” Well, if voters in other states are paying attention and deciding whether they want to buy or sell what Colorado is doing, I’m predicting that they will be screaming, “Buy! Buy! Buy!”

Normal indicators of success, show that legalization has been successful. Law enforcement has been freed up, the state is saving resources and marijuana sales are generating millions of dollars in additional revenue. The worst fears spouted by the Reefer Madness circuit have proven to be unfounded as violent crime is down, highway fatalities haven’t increased and the state’s economy hasn’t gone down the tubes. In fact, Colorado’s economy is booming and most states would love to switch places with Colorado as Business Insider recently ranked Colorado as the nation’s 3rd best economy during the first quarter of 2015. Washington, the other state with legalized adult cannabis commerce, was ranked 8th.

Recently, on the Fox Business Channel, Colorado Governor John Hickenlooper was interviewed by “Opening Bell” host Maria Bartiromo and Ms. Bartiromo gushed about Colorado’s economy, stating that she had to “give a shout out” to the state for its extremely low unemployment rate of 4.2%, “way below the national average.” She asked the governor how the state was doing so well creating jobs and he gave credit to Colorado as a destination for millennials. Millennials, often derived as self-absorbed and lazy, certainly seem to be on the right side of history on social issues, so it was good to hear the governor give the young kids some credit.

When asked about marijuana, Governor Hickenlooper mentioned that the issue “wasn’t as vexing” as he and other opponents of legalization once thought; that use hasn’t spiked; and that the state is doing a good job regulating the substance. The governor expects about $100 million in new tax revenue in 2015, up from about $75 million in 2014. He also included some good news for cannabis consumers, stating that Colorado may soon lower taxes on marijuana. All in all, it looks like the cannabis legalization experiment is going well in Colorado and other states will soon be following suit. I too urge voters from across the country to look closely at all of the states legalizing cannabis. You will see that there is nothing to fear and that we will soon be sweeping cannabis prohibition into the same dust bin of history as alcohol prohibition and our great nation will be better off for it.

(Skip ahead to about 3:50 if you want to jump to the marijuana discussion)

 

 

D.A.R.E. Thinks Marijuana Can Kill

A recent post on D.A.R.E.’s website claimed that edible marijuana was responsible for the deaths of nine people in Colorado and another twelve people at the Coachella Valley Music and Arts Festival in California earlier this year. While the headline blames marijuana directly for the deaths of these people, it isn’t until one delves into the article that they discover the same type of propaganda that has been used against marijuana proponents for years.  From the headline alone, it looks like a great article if you’re anti-legalization — the problem is that the article was satire.

That didn’t stop one of the most prominent anti-legalization organizations in the country from spreading the lie that marijuana can kill, however.  This blatant fiction has again and again been parroted all over the country by groups opposed to legalization of cannabis, regardless of the fact that marijuana has never killed anyone, ever.

But, since we seem to be living in an age where people can pick and choose which facts they believe, I’d like to take this time to provide you with the hard scientific facts about marijuana overdose — whether or not you choose to accept them is your choice.

Let’s take a look at median lethal dosage.

From Wikipedia:

In toxicology, the median lethal dose, LD50 (abbreviation for “lethal dose, 50%”), LC50 (lethal concentration, 50%) or LCt50 (lethal concentration and time) of a toxin, radiation, or pathogen is the dose required to kill half the members of a tested population after a specified test duration. LD50 figures are frequently used as a general indicator of a substance’s acute toxicity. A lower LD50 is indicative of increased toxicity.

In a 1988 DEA brief, Judge Francis Young did the math regarding marijuana’s LD50, and determined that

“It is estimated that marijuana’s [median lethal dosage] is around 1:20,000 or 1:40,000. In layman terms this means that in order to induce death a marijuana smoker would have to consume 20,000 to 40,000 times as much marijuana as is contained in one marijuana cigarette. [National Institute on Drug Abuse]-supplied marijuana cigarettes weigh approximately .9 grams. A smoker would theoretically have to consume nearly 1,500 pounds of marijuana within about fifteen minutes to induce a lethal response. In practical terms, marijuana cannot induce a lethal response as a result of drug-related toxicity.

That’s right, 1,500 pounds of marijuana within about 15 minutes to induce a lethal response.  It is physically impossible to consume that much marijuana, period. In fact, in the same DEA Brief, Judge Francis Young found that

“Marijuana, in its natural form, is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within a supervised routine of medical care.”

When Dr. Ron Schwerzler mentioned five infant deaths in Colorado as a result of edibles at last years “Great Cannabis Debate” for Measure 91 in Oregon, the crowd shouted back “lies” and “source.”

The next time you read or hear about deaths as a result of marijuana use – take a cue from that audience – call out those responsible on their lie.