Green Art Rocks - Available at: http://www.Green Art Rocks.com
Art Studio located at Karma Konnections Boutique – 1123 E. Douglas,
Wichita, Kansas (Gorilla on roof of building to the east of KK Boutique.)
Karma Konnections also sells Les Balm in .05 oz Trial Twist Tube, 2 oz
Jar or Tin, & 2.65 oz. Twist Tube.
xxx
Newshawk: The GCW
Pubdate: Sat, 18 Apr 2015
Source: Sherwood Park News (CN AB)
Copyright: 2015 Osprey Media
Contact: http://www.sherwoodparknews.com/feedback1/LetterToEditor.aspx
Website: http://www.sherwoodparknews.com/
Details: http://www.mapinc.org/media/1730
Referenced: http://www.mapinc.org/drugnews/v15/n199/a08.html
Author: Stan White
IT’S GOD’S PLANT
Another important reason to end cannabis (marijuana) prohibition that
doesn’t get mentioned (“Legalize Marijuana,” Tuesday, April 7 News) is
because it is biblically correct since God (The Ecologician) created all
the seed bearing plants saying they’re all good on literally the very first
page.
The only biblical restriction to using cannabis is to use it with thankfulness
(see 1 Tim. 4:1-5).
A sane or moral argument to continue cannabis prohibition doesn’t exist.
Truthfully,
Stan White
Dillon, Colorado
Distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational purposes.
MAP posted-by: Matt
XXX
ENDING MARIJUANA PROHIBITION IS HUMANE, SENSIBLE
Public, religious groups, law enforcement coalition support ending marijuana
prohibition.
H.L. Mencken defined Puritanism as, “The haunting fear that someone,
somewhere, may be happy.” We may think that is something from the distant
past but then we are reminded of it from time to time, even in 21st century
Kansas
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Thu, 16 Apr 2015
Source: Los Angeles Times (CA)
Copyright: 2015 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Maura Dolan
POT LEGALIZATION IS DEALT A BLOW
A Judge Upholds a 1970 Federal Law Classifying Marijuana As a Dangerous
Drug.
SAN FRANCISCO - Efforts to legalize marijuana suffered a defeat in
court Wednesday when a judge upheld the constitutionality of a 1970 federal
law that classifies cannabis as a dangerous drug akin to LSD and heroin.
U.S. District Judge Kimberly J. Mueller, announcing her decision at
a hearing in Sacramento, said she could not lightly overturn a law passed
by Congress.
Mueller agreed last year to hold an extensive fact-finding hearing
on the issue, raising the hopes of activists seeking to legalize marijuana
and worrying opponents who consider the drug a threat to health and public
safety. The hearing marked the first time in decades that a judge was willing
to examine the classification of marijuana under the 1970 Controlled Substances
Act.
The Schedule 1 classification is for drugs that have no medicinal purpose,
are unsafe even under medical supervision and contain a high potential
for abuse. In addition to marijuana, heroin and LSD, other Schedule 1 drugs
include Ecstasy and mescaline.
Mueller, an Obama appointee, announced her decision before issuing
a written ruling, which is still pending.
She considered the constitutionality of the classification in response
to a pretrial motion brought by lawyers defending accused marijuana growers.
“At some point in time, a court may decide this status to be unconstitutional,”
Mueller was quoted as saying on leafonline.com, a pro-marijuana blog that
has been covering the case. “But this is not the court and not the time.”
Dale Gieringer, director of the California branch of the National Organization
for the Reform of Marijuana Laws, said Mueller’s decision could not be
appealed until after the criminal case against the growers was resolved.
A trial is not expected until late this year or early next year.
“This is on a very slow train,” Gieringer said.
He said Mueller remarked that much has changed since marijuana’s classification
but “a lower court judge has to follow the law.” He said last year’s hearing
“showed the dysfunctionality of the current drug laws.”
Because of marijuana’s Schedule 1 status, federal restrictions make
it difficult for researchers to obtain legal cannabis for study, advocates
say.
NORML’s national office praised Mueller for “having the courage to
hear this issue and provide it the careful consideration it deserves.”
“While we are disappointed with this ruling, it changes little,” said
Paul Armentano, NORML’s deputy director. “We always felt this had to ultimately
be decided by the 9th Circuit and we have an unprecedented record for the
court to consider.”
Scott Chipman, Southern California chairman of Citizens Against Legalizing
Marijuana, said he was pleased with the ruling but found it “disturbing
“ that Mueller had even conducted a fact-finding hearing on the issue.
“There is a false sense that marijuana legalization is on the move,
when we are seeing a huge pushback against legalization, particularly in
small towns across the country,” Chipman said. “It is a seriously harmful
drug that is much stronger than it was in the ‘70s and is getting stronger
by the month.”
U.S. Atty. Benjamin B. Wagner, whose office is prosecuting the marijuana
growers, said he was pleased with Mueller’s decision.
The question before the judge, he said, “was not whether marijuana
should be legalized for medical or recreational use, but whether decisions
concerning the status of marijuana under federal law should properly be
made in accordance with the science-based scheduling process set forth
in the Controlled Substances Act passed by Congress.”
Distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational purposes.
MAP posted-by: Jay Bergstrom
xxx
Newshawk: Herb Couch
Pubdate: Mon, 20 Apr 2015
Source: Province, The (CN BC)
Copyright: 2015 Postmedia Network Inc.
Contact: http://www2.canada.com/theprovince/letters.html
Website: http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Cassidy Olivier
Page: 3
20,000 TIPPED TO ROLL UP FOR POT FEST
20th Anniversary: Mass toke-up called “beautiful” celebration, but
others say normalization a ‘real threat’
In the small back courtyard of his marijuana dispensary on East Hastings
Street, Dana Larsen, a well-known pot activist, talks candidly about a
subject he knows well: B.C. bud.
It’s four days out from one of the premier local events for marijuana
enthusiasts and Larsen, the author of several pot-themed books whose past
political involvement includes a run for the B.C. NDP leadership, sketches
out some of the preparations for the annual massive toke up known as 4/20.
Monday’s event outside the Vancouver Art Gallery, which marks the 20th
anniversary of the smoke-out, is expected to draw a crowd of 20,000 to
30,000.
There will be bands, DJs, speeches, lots grass to buy from an expected
200 or so vendors, and, of course, an incredible amount of pot smoking.
It’s a far cry from the first organized puff-up held at Victory Square
in 1995 that drew a few dozen local activists, said Larsen, a dedicated
attendee.
The event has become so popular that organizers have started thinking
about moving to a larger space to accommodate the growing crowds - a reflection
of the prevailing attitudes toward pot use.
“For me, it is amazing to see how it has grown from this small thing
to one of the city’s biggest events - I think it is really beautiful,”
said Larsen, who believes he is the only person to have attended every
single 4/20 event.
“It is an extremely safe and positive event. It is not so much a protest
as a celebration of cannabis culture.”
It’s certainly an interesting time for the local pot legalization movement.
South of the border, in Washington state and Colorado, marijuana is
being sold legally. And more recently, Alaska voted to legalize pot.
Local activists, politicians and anti-drug groups agree the impacts
of this push have been felt here.
Kerry Jang, a Vancouver councillor, said legalization in Washington
was quickly followed by an explosion of medicinal marijuana dispensaries
in the city.
Within the last year, the number of these outlets, which operate illegally
and without licences, has jumped from about 60 to 80, he said.
“I think many of them opened up, not so much to serve need, but really
they are trying to make a political statement and literally force the federal
government to change the pot laws,” he said, adding the dispensaries have
proved a “regulatory nightmare” for the city.
“I think the federal government will eventually have to deal with it.
Their current laws aren’t working and they are being challenged in court.”
Jodie Emery, who is married to Marc Emery, the so-called Prince of
Pot, believes the proliferation of local dispensaries is tied to a glut
of B.C.-grown bud as a result of a drop in cross-border demand.
Not that that’s necessarily a bad thing, she noted.
“There are so many people left with so much pot that has no demand
in Washington, so they are funnelling it through dispensaries to a market
that is willing and eager to peacefully make that transaction,” she said.
“But there is no harm caused by it in the sense that nobody in the
community is seeing any negative effect of it.”
Others, however, disagree. Pamela McColl, director of Smart Approaches
to Marijuana Canada, said events such as 4/20 and the lack of strict enforcement
on the dispensaries “says something about the normalization of marijuana,”
which she said is the “real threat.”
“I think that the fact that we have 81 illegal stores operating in
our city with not that much pushback from the public and certainly not
much coming back from city hall or the VPD, says something to the normalization
process that is going on here,” she said.
“It sends a really bad message to the youth of Vancouver. We either
have laws and rules and regulations or we don’t.
“And if you can openly flout the law in the face of public officials
and law enforcement, what does that say? For some reason, marijuana gets
this free pass. And it shouldn’t. It’s a very destructive drug.”
Const. Brian Montague of the Vancouver Police Department said dispensaries
remain a low priority for police, who are more focused on high-profile
and violent crimes.
Their proliferation, meanwhile, hasn’t resulted in any corresponding
spike in crime, he said.
As for the 4/20 event, Montague said it will be up to each officer’s
discretion to enforce the law.
Jang said city staff are looking into the regulatory issues surrounding
dispensaries. One of the things they will consider is whether the city
has the power to limit where they set up.
Surprisingly, Jang said there have been very few complaints to date.
“We do get calls about the odd dispensary that is probably dealing
out the back door or marketing to children, and those are the ones our
staff and police go down to take care of,” he said.
“We have raided a number of shops and closed a few. But by and large,
they’ve been fairly well run.”
Larsen, meanwhile, has a simple answer for the criticism that has been
levelled at the 4/20 event for being a place that not only facilitates
but encourages pot use among teens. He said people are encouraged not to
sell to teens and to ask for ID. But given the sheer abundance of pot being
openly passed around, the odds are that teens will get some.
“If you want to eliminate that, legalize marijuana,” he
said.
“If teens want to get marijuana they can get it anyway. They don’t have
to go to 4/20.”
Distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational purposes.
MAP posted-by: Matt
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Thu, 23 Apr 2015
Source: Sacramento News & Review (CA)
Copyright: 2015 Chico Community Publishing, Inc.
Contact: sactoletters@newsreview.com
Website: http://newsreview.com/sacto/
Details: http://www.mapinc.org/media/540
Author: Ngaio Bealum
TIME TO RESCHEDULE
Last year we scored a historic victory that bans the Department of
Justice from undermining state medical marijuana laws for one year.
But the department recently declared that it will ignore the Congressional
mandate and continue prosecuting people for medical marijuana. Do you think
medical marijuana will never be safe unless we change federal law permanently?
Is the CARERS Act the big chance to do it?
? Lickity Split
Good question. I suppose we’ll find out. The Compassionate Access, Research
Expansion and Respect States Act, originally sponsored by senators Cory
Booker, D-New Jersey, Rand Paul, R-Kentucky, and Kirsten Gillibrand, D-New
York, is picking up steam. According to a tweet from Senator Booker (yes,
Twitter is a legitimate way of gathering information, so hush), the bill
now has 14 co-sponsors, seven Dems and seven Repubs. That’s pretty sweet.
Not only that, this bill is really nice. The CARERS Act allows banks to
handle medical cannabis money, amends the Controlled Substances Act so
states can have legal medical cannabis and reschedules marijuana from Schedule
I to Schedule II, meaning it would no longer be classified as a “dangerous
narcotic.” (I always giggle when someone calls cannabis a “narcotic.”)
By the way, United States District Court Judge Kimberly Mueller decided
to allow cannabis to remain listed as Schedule 1 in a hearing last week.
The defense’s lawyers are, of course, planning an appeal. It would probably
be easier to get this bill passed.
The CARERS Act would go a long way toward creating positive change.
Call your representatives and senators and tell them to support this bill.
Senator Barbara Boxer is already listed as a co-sponsor; can we get Senator
Dianne Feinstein to come aboard? I know she hates marijuana, but maybe
she could do her job and follow the will of the people just this once.
Send her an email. Thank you.
I saw the stoner movie story in last week’s issue and I’m looking for
some good, trippy cinema for when I’m couch locked. Got any recommendations
for movies, shows or anything else?
? Les Thargic
I do indeed! If you want some stunning visuals, check out the film Baraka.
It’s a trippy journey around the world. Curse of The Golden Flower is also
visually stunning, with a great story of intrigue. And kung fu. I also
really really like concert films. Dave Chappelle’s Block Party is fantastic,
so are Woodstock and Stop Making Sense, which may be the best concert film
of all time. Be aware: Stop Making Sense may cure your couch lock, because
it’s hard not to get up and dance when the Talking Heads get into full
party mode. Find this book: Reefer Movie Madness: The Ultimate Stoner Film
Guide. It will help.
Distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational purposes.
MAP posted-by: Jay Bergstrom
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Thu, 23 Apr 2015
Source: Boulder Weekly (CO)
Copyright: 2015 Boulder Weekly
Contact: letters@boulderweekly.com
Website: http://www.boulderweekly.com/
Details: http://www.mapinc.org/media/57
Author: Leland Rucker
CANNABIS CUP ENCAPSULATES THE MARIJUANA CULTURE CLASH
There was plenty of weed at the Cannabis Cup celebration last weekend
in Denver. Billed as the biggest marijuana party in the world, the Cup
is a three-day psychedelic mash-up of counter culture, high technology
and entrepreneurship, equal parts Woodstock, SXSW, Comic-Con and Gold Rush.
After the state Marijuana Enforcement Division announced a couple days
before the event that businesses with Colorado licenses wouldn’t be allowed
to offer free samples, I wondered what the effect might be on the party,
since freebies are at least part of the reason more than 40,000 people,
many from out of state, are willing to pay $40 a day for tickets and wait
for more than an hour just to get in the place.
The freebie ban didn’t apply to out-of-state businesses, so the dab
and shatter booths immediately attracted long lines. There was no shortage
of product and sharing was common. I attended the trade show; elsewhere,
there were concerts, 4/20 celebrations, plant and strain competitions and
shuttles to take you where you needed to go.
I hadn’t been in the building more than 10 minutes before I found myself
staring into the familiar countenance of Keith Stroup, the founder of NORML
and one of the most recognizable voices for marijuana reform in the U.S.
over the last decades. Stroup was one of those people in the 1970s publicly
questioning the “facts” as presented in the wake of the Controlled Substances
Act. The Justice Department, for instance, was telling us that cannabis
use made people apathetic, unable to concentrate or work, unreliable and
stupid. My experience being completely the opposite, watching people like
Stroup ask the questions I was seeking answers to was important to helping
me begin to understand the travesty that comprises the War on Drugs.
Surprised, the first thing I could blurt out was, “Did you ever actually
believe that you would be standing at something called the Cannabis Cup
in a state where marijuana is legal in your lifetime?” He smiled and allowed
that he did, but wasn’t sure he would live long enough to see it.
We talked a bit about the growing acceptance and continued stigma of
marijuana today. “There are now a majority of people in the United States
who support marijuana legalization,” he said. “But many of them have a
bad opinion of pot smokers themselves. I couldn’t believe the large numbers
of people who have a negative impression of people like us.”
I thought about that the rest of the time I was at the Cup, which in
itself encapsulates the dichotomy of the marijuana movement in loud, bright
colors and bold strokes. Tens of thousands of attendees of every age, stripe
and color, almost every one of them smoking joints or vaping, strolled
past hundreds of display booths for products and services like Bong Beauties,
Magical Butter Bus, Dope Ass Glass, Rare Dankness, Scapegoat Genetics,
Gorilla Extracts, Super Smacked, Freakies Smokeshop, Vape Genies, Med Max
Nutrients, Ganja Gold, Smoked Out Clothing, Weed Wipes, Fryed and Dyed
and Get Shnockered. There were booths of growers, investors, CO2
extractors, herbalists, arborists, mechanical trimmers, plant systems,
branding companies, bakers, health products, ointments, lotions, salves,
cleaning products, genetics, clothing, social media sites, magazines, even
a company offering canine protection.
Every aspect of cannabis culture was on display. Some of the products,
like stylish bags and clothes made from hemp, wouldn’t look out of place
in any high-end tourist outlet. Still, the ambience reeked of the counter
culture from whence NORML and the legalization movement came. Watching
Cup antics on television news probably won’t do much to convince the more
than 40 percent of Americans who still oppose legalization to change their
minds about marijuana users.
There are plenty of people, myself included, who would like to see
the image people have of marijuana users move beyond Cheech and Chong comedy
sketches, stoner movies and dumbed-down TV characters. The National Cannabis
Industry Association, which is lobbying Congress on medical marijuana and
banking bills in committee, last month fired Tommy Chong as a celebrity
activist for this very reason.
But in the long run, as we have with alcohol, we’ll have to get used
to the extremes. Events like last year’s Classically Cannabis series, which
paired marijuana with chamber music, certainly helped people see this drug,
and its users, in a different light. The Drug Policy Alliance recently
released a series of photos through a Creative Commons license that depicts
people using cannabis in their homes. Attractive displays of marijuana
merchandise - potholders, mugs, cookbooks, flasks, tote bags, coasters
and Blundt Cakes - are now requisite in every store on the Pearl Street
Mall right alongside the CU and state logo merch.
The Boulder campus was open Monday on April 20 for the first time in
three years, and more than 125,000 people attended the Cup and other 4/20
events. Denver police issued 160 pot-related tickets over the weekend,
mostly for public-consumption violations.
But perhaps the most positive sign of change came on Sunday night,
when @ DenverPolice tweeted this message about the coming 4/20 celebration:
“We see you rollin, but we ain’t hatin’ HAHA... Seriously though,
#Denver, please remember to #ConsumeResponsibly this 4/20 weekend.”
The reference is to a song by rapper Chamillionaire. But what came
through was the attitude: Friendly, not confrontational. And that pretty
much defines the weekend of the biggest marijuana party in the world 2015.
You can hear Leland discuss his most recent column and Colorado
cannabis issues each Thursday morning on KGNU. http:// news.kgnu.org/weed
Distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational purposes.
MAP posted-by: Jay Bergstrom
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Wed, 22 Apr 2015
Source: Colorado Springs Independent (CO)
Contact: letters@csindy.com
Copyright: 2015 Colorado Springs Independent
Website: http://www.csindy.com
Details: http://www.mapinc.org/media/1536
Author: Bryce Crawford
Column: CannaBiz
NEW MARIJUANA SOCIAL-MEDIA APP DEBUTS, AND MORE
Mobile marijuana musings
A new social-media iTunes app wants all your pot posts to live on its
network. Meet Duby, a Denver-based company there for your sharing needs.
“Cannabis is one of the top themes on social media, yet most social
media outlets restrict marijuana-related posts,” says co-founder Alec Rochford
in a press release. “Duby is a viral social network that allows the cannabis
community to discover the latest marijuana trends and conversations.”
The company says all sharing is both location-based and completely
anonymous. “The concept is not to collect friends, but to increase your
influence by posting content that is passed around among users,” it says.
Basically, users participate in a voting system, passing the Duby on posts
they like, or putting the Duby out on those they don’t.
State cracks down
The Colorado Department of Public Health and Environment has released
its new policy for identifying doctors outside “compliance with the state
constitution, statutes and regulations involving physician recommendations
for medical marijuana.”
There will be three key signs: A caseload of 3,521 or more patient
recommendations in one year, which is tied to the national average; plant-count
recommendations higher than the standard six plants and two ounces; and
a practice where more than a third of patients are under the age of 30,
since most chronic conditions occur in older adults.
Possible penalties, if referred to the Colorado Department of
Regulatory Agencies, include revocation of the ability to recommend
cannabis.
Keef crumbs
Mayoral voting advice from the Southern Colorado Cannabis Council:
“If you live in Colorado Springs, and are a registered voter, you will
receive a ballot in the US Mail,” the organization writes in an April 19
newsletter. “You could ignore it. Then kick yourself when the Policeman-like
Prosecuting Attorney wins. Or you can open it and vote for the Grandmother
who frequently speaks loudly and strongly about upholding Cannabis rights.
Mary lou [sic] Make peace is that kind of gal.”
As of press time, the Colorado Springs Police Department did not have
any stats related to tickets or DUIs charged over the 4/20 weekend.
Writes spokeswoman Lt. Catherine Buckley in an email: “This has traditionally
been a very non-event in the Colorado Springs area.”
On Monday, the Colorado Health Institute released a study (bit.ly/1K0goq5)
of Colorado’s marijuana public policy since legalization. “While predictions
centered on crime waves, an epidemic of overdoses, skyrocketing drug use
among kids and a tax windfall for schools, none of this has happened,”
reads a release from CHI. “Instead, more than a year later, the most
pressing issues are how to label edible marijuana products, how to deal
with unpredictable tax revenues and how the state’s marijuana merchants
can safely bank their money.”
Distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational purposes.
MAP posted-by: Jay Bergstrom
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Thu, 23 Apr 2015
Source: Westword (Denver, CO)
Column: Ask A Stoner
Copyright: 2015 Village Voice Media
Contact: http://www.westword.com/feedback/EmailAnEmployee?department=letters
Website: http://www.westword.com/
Details: http://www.mapinc.org/media/1616
Author: William Breathes
WHICH KIND OF VAPE PEN IS BEST?
Dear Stoner: I’m curious about buying a vape pen and wondering what
brand or type you recommend and which is the most popular.
Tokin’ Tom
Dear Tom: It depends on how you plan to use your vape pen. Are you
a flower guy? Do you want to smoke oils? If so, do you want to load them
yourself, or do you want something more “plug and play”? Some like the
ease and function of the pre-loaded vape pens and refills like O. pen,
while others want to load oils and waxes into the pens themselves. Others
just want to be able to vape buds. The O.pen Vape-style pens are great
for stealth usage, as the vapor exhaled doesn’t have much of a smell, and
the cartridges look like the ones that tobacco users puff on. They’re also
relatively cheap ($15 for the pen and around $30 for a cartridge), but
they aren’t favored by connoisseurs because they tend to be made with lower-quality
oils that don’t have much flavor. O.pen will be releasing a new line of
cartridges soon that it says have a much greater flavor profile, thanks
to new extraction methods that preserve the flavor-containing oils and
terpenes.
Our preference is for the Cloud-style pens that let us load pea-sized
chunks of hash wax or shatter. They’re available through different companies,
but almost all of them look like oval-shaped USB drives or tubes of lipstick.
I’ve had one for about three years, and though I’ve had to replace the
heat element a few times at $15 a pop, it’s been really good to me. The
benefit is that I can put in high-potency, high-flavor oils and change
out strains as I see fit. The downside is that the “vapor” exhaled
is actually more like smoke, and that and the smell make it less discreet.
Cloud also makes a pen dubbed the Phantom for vaping flowers, and for
the size and function, it’s among the tops we’ve tried. We’ve also recently
been suggesting the PAX 2 vaporizer, though you’d better have a thick wallet,
as a new one will run you around $250.
Dear Stoner: What type of insurance coverage is needed on an MMJ dispensary?
Also, what type of coverage does a grower need?
JP
Dear JP: We did some digging and were somewhat surprised to find that
there are no state laws requiring marijuana dispensaries or grows to be
insured. That doesn’t mean there aren’t insurers out there, though. Companies
like Cannasure and Greenpoint offer general business insurance for dispensaries
and landlords, as well as crop insurance for growers that covers everything
from theft to hail damage to flooding. It seems like a good investment
if you’ve got several million dollars’ worth of finicky greenery flowering
under your roof.
Distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational purposes.
MAP posted-by: Jay Bergstrom
xxx
Newshawk: The GCW
Pubdate: Mon, 20 Apr 2015
Source: Denver Post (CO)
Copyright: 2015 The Denver Post Corp
Contact: openforum@denverpost.com
Website: http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
CHRIS CHRISTIE SHOULD BACK OFF ON COLORADO
Chris Christie seems to have evolved from being a potentially formidable
presidential candidate when his prospects were first mentioned a
few years ago to a vanity candidate today.
The only reason for the New Jersey governor to run for the Republican
nomination now is to gratify his outsized ego - assuming that ego doesn’t
mind a few swift drubbings at the polls.
Christie solidified his long-shot status this week with a couple of
numbskull moves, from both a political and policy standpoint.
One of his pratfalls has direct bearing on Colorado. As president,
Christie told radio host Hugh Hewitt, he “would crack down and not permit
it” - “it” being the retail sale of marijuana in any state.
It’s one thing to oppose legalization of marijuana and deplore its
retail sale. Most Republicans, polls show, agree with Christie on that
point. But many Republicans also espouse a principled commitment to federalism
- and it shows in their attitude toward a possible federal crackdown against
outlier states like Colorado and Washington.
According to a Pew Research Center poll this month, a majority of Republicans
say the federal government “should not” enforce its marijuana laws in states
that allow its use. Indeed, Republican opposition to a federal crackdown,
at 54 percent, was only slightly less than the percentage of Democrats
holding that view, which was 58 percent.
So Christie’s hardline stance is a political loser in his own party.
And it’s a loser from a policy point of view, too, since the federal government
can’t force a state to criminalize possession of a drug. All it could
do is shut down marijuana stores and grow centers and drive sales of a
drug that is legal to possess under state law into the black market. Brilliant.
Christie’s approach to Social Security is too complex to dissect here
in detail. And he deserves credit for offering a specific proposal to solve
its long-term funding shortfall rather than resort to the sort of platitudes
many candidates espouse.
Suffice it to say, however, that his proposal is ham-handed, and could
be political poison.
Most prudent reform proposals have sought to slow the inflation-adjusted
growth of benefits in a way that protects low-income earners - thus making
the benefits system more progressive than today - while raising the earnings
cap a bit and kicking the retirement age up a year.
But Christie wants to transform the system into a form of social welfare
by cutting the well-to-do off completely, which could erode support for
the program itself. And he not only would advance the full retirement age
by two years, to 69, but also move early retirement - when reduced benefits
are available - from 62 to 64.
We worry about the impact of the early retirement proposal on people
who do physical labor all their lives and who sometimes need an option
for leaving the workforce early. And these blue-collar workers are the
sort of voters that should be among Republican targets.
On both marijuana and Social Security, Christie apparently wants to
appear forceful and decisive. Well, he does. And also way out of step.
Distributed without profit to those who have expressed a prior interest
in receiving the included information for research and educational purposes.
MAP posted-by: Matt
xxx
Newshawk: The GCW
Pubdate: Tue, 21 Apr 2015
Source: Denver Post (CO)
Copyright: 2015 The Denver Post Corp
Contact: openforum@denverpost.com
Website: http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
DEA CHIEF MICHELE LEONHART WASN’T UP TO THE JOB
Michele Leonhart, head of the Drug Enforcement Administration, seems
to have finally encountered a public scandal capable of bringing her down
- revelations about agents’ “sex parties.” So the DEA chief is reportedly
resigning.
Her tenure since 2007 has been marked not only by questionable enforcement
tactics but also by a closeminded refusal to draw useful distinctions among
illegal drugs.
In an amusing but damning exchange with Rep. Jared Polis, D-Colo.,
three years ago, Leonhart resisted describing methamphetamines or heroin
as worse for someone’s health than marijuana.
“All illegal drugs are bad,” she repeated like a third-grade mantra.
Now the House Oversight and Government Reform Committee has announced
it no longer has confidence in her leadership.
What took it so long?
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MAP posted-by: Matt
xxx
Newshawk: www.flcan.org
Pubdate: Tue, 21 Apr 2015
Source: Tampa Tribune (FL)
Copyright: 2015 The Tribune Co.
Contact: http://tbo.com/list/news-opinion-letters/submit/
Website: http://tbo.com/
Details: http://www.mapinc.org/media/446
Author: Cerise Naylor
Page: A6
Related: http://www.mapinc.org/drugnews/v15/n199/a04.html
STATE’S MEDICAL POT LAW TAKES A HIT
Since June 2014 medical marijuana has been legal in Florida thanks
to the Florida Legislature’s passage of Senate Bill 1030 that year.
Unfortunately, Florida patients still wait for the law to become a reality
in their medical treatment due to continuing delays in implementation of
the statute.
Floridians suffering from debilitating conditions such as cancer, epilepsy,
ALS, MS and Parkinson’s are left wondering what, if any, relief will come
to them via Tallahassee this year. SB 1030 has been faced with setback
after setback, and Florida’s frustrated patients deserve answers.
So where are we and just how far away is that from where we need to
be?
After the state Department of Health rewrote the proposed rule in January
- a rule that enjoyed wide approval from patients, industry professionals
and legislators alike - it received three new administrative challenges,
which brought weeks of progress to a grinding halt.
In an effort to fast-track the implementation of SB 1030 and make good
on the promise made to Florida’s most vulnerable, the Legislature put forward
a handful of bills that would expand the language of the existing statute.
These have received little attention to date. Recently, the Senate
introduced a new bill, SB 7066, which makes several important changes to
SB 1030 and provides an almost immediate implementation mechanism for the
cannabis law.
This latter effort was provided to prevent the continuing superfluous
lawsuits based on individual self-interest. The bill intends to make certain
the cannabis industry is regulated within the limits and spirit of the
new and old law and stresses patient safety and affordability.
If it weren’t for the current administrative law challenges, the DOH
would have been in a position to open up bids for licenses in early April
and the Legislature would not have been placed in the precarious position
of having to intervene with this necessary fix.
If the administrative law judge decides these challenges hold no legal
ground or the challengers themselves do not have legal standing - that
is, ‘skin in the game’ - we could see the implementation of low-THC cannabis
by mid-May.
Should this occur, one can count on many of the current bills in the
Legislature to be all but abandoned.
But, should the remaining two challenges hold up in court, the fate
of Florida’s medical marijuana will remain in the hands of the 2015 Legislature
and finally, the governor.
Let us hope that reason and compassion prevail. Cerise Naylor is executive
director of the Florida Medical Cannabis Association.
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MAP posted-by: Matt
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Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sat, 25 Apr 2015
Source: Honolulu Star-Advertiser (HI)
Copyright: 2015 Star Advertiser
Contact:
http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html
Website: http://www.staradvertiser.com/
Details: http://www.mapinc.org/media/5154
Author: Jacob Sullum, Creators Syndicate
‘ANALOG DRUG’ LAW VIOLATES DUE PROCESS REQUIREMENT
Back in 1986, Congress passed the Controlled Substance Analogue Enforcement
Act, a law aimed at “designer drugs” that were similar to illegal compounds
but different enough to escape prohibition.
Nearly three decades later, the government is still scrambling to keep
up with the output of creative underground chemists, banning one psychoactive
substance after another, only to find substitutes already on the market.
As a case the Supreme Court heard on Tuesday illustrates, the analog
drug law failed because it tried to do the impossible.
It tried to stop people from achieving unsanctioned states of consciousness
by banning chemicals based on criteria vague enough to cover unknown substances
yet specific enough to give fair notice of which actions would lead to
prosecution.
The Supreme Court case involves Stephen McFadden, a Staten Island entrepreneur
who was indicted in 2012 for supplying synthetic stimulants to retailers
who sold them as “bath salts.”
McFadden had been careful to avoid chemicals that were listed as controlled
substances, and the stimulants he was charged with distributing - 4-MEC,
MDPV and methylone - were not explicitly banned by federal law when he
sold them.
McFadden nevertheless was convicted and sentenced to 33 months in prison
under the analog drug act, which applies to compounds sold for human consumption
that are “substantially similar” to forbidden substances in chemical structure
and actual or intended effects.
The law says such “controlled substance analogues” should be treated
like the drugs they resemble.
Still, to be convicted of selling a controlled substance, you have
to do so “knowingly or intentionally,” and it’s not clear what that means
in this context.
McFadden’s lawyers argue, reasonably enough, that you shouldn’t be
convicted of selling an analog drug unless you knew you were selling an
analog drug.
The problem is that the analog drug statute does not define “substantial
similarity,” a crucial yet subjective feature on which a chemical’s legal
status hinges.
Experts will disagree, as they did during McFadden’s trial, about whether
a given compound is substantially similar to a listed substance and therefore
qualifies as an analog - a legal question disguised as a scientific one.
As the U.S. Court of Appeals for the 7th Circuit observed in 2005,
“a substance’s legal status as a controlled substance analogue is not a
fact that a defendant can know conclusively ex ante; it is a fact that
the jury must find at trial.”
That situation hardly seems consistent with the due process requirement
that a criminal law be clear enough for ordinary people to understand what
it prohibits.
The U.S. Court of Appeals for the 4th Circuit, which upheld McFadden’s
conviction, was untroubled by the fact that he had no way of knowing in
advance whether he was committing a crime. The court said it was enough
to show he knew people would consume the substances he was selling - a
reading of the law that would make felons out of innocent individuals who
distribute vitamins, cocktails or cookies without realizing they contain
analog drugs.
The Justice Department, which is asking the Supreme Court to uphold
the 4th Circuit’s ruling, nevertheless concedes that the appeals court
was wrong about the knowledge requirement.
But the DOJ argues that someone can be convicted of selling an analog
drug if his behavior and comments suggest he knows the product is “a regulated
or illegal substance,” even if he does not know why.
The government complains that McFadden’s reading of the analog drug
act makes prosecutions harder, but that is beside the point. If Congress
insists on telling grownups what substances they may not consume, the least
it can do is specify the substances.
In this case, legislators had no particular drugs in mind. They merely
anticipated that no matter what substances they banned, new ones would
take their place.
Perhaps it is time to reconsider this never-ending game of catch-up,
which drives producers and consumers away from familiar intoxicants and
toward exotic ones that may prove more dangerous.
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MAP posted-by: Jay Bergstrom
xxx
Newshawk: Kirk
Pubdate: Mon, 20 Apr 2015
Source: Chicago Tribune (IL)
Copyright: 2015 Chicago Tribune Company
Contact: http://drugsense.org/url/IuiAC7IZ
Website: http://www.chicagotribune.com/
Details: http://www.mapinc.org/media/82
Author: Phil Kadner
A ‘GOOD DAY’ FOR LAWYER WHO FOUGHT AGAINST DRUG WAR
Would Al Capone have loved drug prohibition? This man thinks so
James Gierach sounded almost giddy when I telephoned him Monday to
get his reaction to Cook County State’s Attorney Anita Alvarez’s announcement
that she would no longer prosecute misdemeanor marijuana cases and would
refer non-violent felony drug offenders for treatment.
“It’s wonderful,” Gierach said. “It’s progress. It’s almost like the
sun is shining. It’s not yet. But maybe we’re moving out of the Dark Ages
toward enlightenment. It’s something to be happy about.”
In 1992, Gierach, a Palos Park lawyer, announced he was running for
Cook County state’s attorney and would campaign to get drug addicts treatment
instead of prison terms.
A member of a respected legal family (his father Will Gierach was a
Cook County judge and had launched one of the most respected municipal
law firms in the south suburbs) there were longtime business associates
who wondered if Gierach had lost his marbles and newspaper pundits who
thought he was just wacko.
Gierach lost the Democratic Party primary election that year, but has
spent the 23 years since that time attending seminars, workshops and hearings
on drug policy throughout the world.
“If Al Capone were alive today, he would be an advocate of drug prohibition,
just like all the politicians who have supported it,” Gierach said, referencing
the notorious gangster who capitalized off of alcohol prohibition. “By
prohibiting marijuana you’ve turned a plant people can grow almost anywhere
into one of the most valuable commodities on Earth.”
Gierach noted that, in her news conference, Alvarez said that felony
drug possession cases represented almost one-fourth of the 40,000 felony
cases prosecuted by her office.
“Law enforcement agencies aren’t out there solving violent crimes because
they’re out there arresting people for possession of marijuana,” Gierach
said. “Resources that could be used to hire more police officers, better
train detectives, are being used to prosecute people for the possession
of marijuana.
“Our policy on drugs has killed people. That’s a fact. People are being
murdered every day in Chicago and throughout the country in crimes involving
drugs because of our national policy. The costs of prisons have increased
because our prisons are full of people who have been put there because
of drug-related crimes.
“You want to know why Alvarez is doing this now? Because (Cook County
Board President) Toni Preckwinkle doesn’t have the money to keep all these
people in the Cook County Jail. It’s because Alvarez no longer has the
money or the attorneys to keep prosecuting people for drug crimes.
“That’s why things are finally changing,” Gierach said. “We’re just
running out of money.
“And you want to know something else? You can solve the massive pension
problem in this state by legalizing marijuana. You reduce the number of
people in prison and tax the drugs and treat the people with drug problems
and you save hundreds of millions, maybe billions, of dollars.”
I’ve known Gierach for nearly 30 years and told him that I still don’t
think the general public is ready for the legalization of illegal drugs.
“I ask people all the time what they think is worse, drugs or the war
on drugs?” Gierach said. “I ask people that in grocery store lines, in
banks, hotels, wherever I go. And you know what they always answer, whether
they’re rich or poor, no matter if they’re living in a high-crime or low-crime
neighborhood? They answer the war on drugs is worse than the drug problem
itself.”
Gierach, 70, is the executive board vice chairman of Law Enforcement
Against Prohibition (LEAP) an international organization of former law
enforcement and criminal justice officials who speak out against the failures
of existing drug policies throughout the world.
As one of the leaders of the organization, Gierach has been attending
annual meetings of the United Nations Commission on Narcotic Drugs in Geneva
for the last four years.
“There’s a list of something like 119 narcotics that are illegal,”
Gierach said. “They are on something called a yellow list. But you know
what the cartels have done, they have been creating substitute drugs, that
mimic these illegal drugs, but they’re not illegal.
“The first year I went to Geneva, the Commission on Narcotic Drugs
listed 50 new synthetic drugs they had found on the market. The next year,
it was about 50. The year after that it was 100. And last year it was 300
new synthetic drugs.”
“These drugs sell for a higher profit than the old drugs. The cartels
are making a fortune off of them. And none of them are banned because they’re
different types of narcotics than the ones on the list.
“The drug war is a joke. It has cost everyone a fortune. It has wasted
billions of dollars that could have been used for social programs that
actually help people. And, as I said, it has actually caused the violent
deaths of people all across the world because we’ve made it such a profitable
industry.
“Prohibition only does one thing and that’s increase the value of the
drugs that you’re prohibiting. It certainly doesn’t stop anyone from getting
drugs. That’s just a fact.”
Gierach said he recalls arguing against expanding the Cook County Jail
from a capacity of 9,000 to 10,000 many years ago, claiming that the county
would be better off decreasing the size of the jail population than increasing
the size of the jail itself.
“But we went ahead and did it and doubled the bonded-indebtedness of
Cook County at the time,” Gierach said. “It’s just crazy. Now, we’re finally
running out of money so we’re starting to adopt the approach that we should
have taken decades ago.”
In fact, Alvarez said pretty much the same thing at her press conference.
“Traditional methods of prosecution are not working,” Alvarez said.
“We want to create a sea change in dealing with low-level drug crimes for
nonviolent repeat offenders.”
There will be no prosecutions for misdemeanor charges for possession
of less than 30 grams of marijuana for those with less than three arrests
or citations for similar charges, Alvarez said,
People who have been arrested three or more times will be sent to an
existing drug school program and have their charges dismissed if they complete
the program.
Even class 4 felony drug possession cases will be referred to drug
treatment programs and social service agencies unless they have significant
criminal histories of violence.
“Drugs are bad, and I am not promoting any drug use,” Alvarez said,
obviously trying to placate the anti-drug crowd. “This is not being soft
on crime at all. This is being smart.”
Gierach laughs when he hears that kind of rhetoric.
“I understand why people still don’t want to use the words ‘decriminalize’
or ‘legalize’ when it comes to drugs and I really don’t care what words
they do use,” he said.
“Eighty percent of our violent crime is related to drug crimes. The
police chief of Chicago said that.
“Take the profit out of drugs,” Gierach continued. “Give drug addicts
an alternative an access to health care. Reduce the profit motive that
spurs the increase in violent crime. That’s all I’ve ever wanted.
“This is a return to sanity. This is a good day. Let’s just leave it
at that.”
Distributed without profit to those who have expressed a prior interest
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MAP posted-by: Matt
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Wed, 22 Apr 2015
Source: Metro Times (Detroit, MI)
Column: Higher Ground
Copyright: 2015 C.E.G.W./Times-Shamrock
Contact: letters@metrotimes.com
Website: http://www.metrotimes.com
Details: http://www.mapinc.org/media/1381
Author: Larry Gabriel
WHY AFRICAN-AMERICANS ARE LARGELY ABSENT FROM THE MEDICAL MARIJUANA
MOVEMENT
When I was at the breakfast for Tommy Chong a couple of weeks ago,
I talked with another African- American at the event. Actually, he was
the only brother at this gathering of activists and dispensary owners aside
from me.
As we spoke, I noted that brothers are few and far between when it
comes to marijuana activism. His comment was: “And you know why.”
Indeed I do. Brothers are afraid to stick their necks out on this issue
because when the powers that be decide to start chopping heads off they
know which heads are going to roll first. Given the history of the war
on drugs and the fact that African-Americans get arrested for marijuana
at more than three times the rate of whites, it makes sense to be paranoid.
When I later asked if he wanted to be interviewed for this column he
said: “I’m still flying under the radar right now.”
On the down low. Creepin’. Slipping through the shadows.
It’s a familiar place. That’s how a lot of brothers have learned to
operate in the marijuana culture. Or around anything else for that matter.
When police pull you over for a traffic stop and end up dragging you out
of your car, beating you mercilessly, and planting cocaine in your car,
as Floyd Dent says Inkster police did to him recently, you might think
twice about giving them extra reason to mess with you.
Let’s just say that blacks have not been at the forefront of the marijuana
revolution. There have been few prominent blacks in the marijuana movement
nationally. Maj. Neill Franklin, a retired police officer and executive
director of Law Enforcement Against Prohibition, is one. Franklin was on
the team that convinced the national NAACP to oppose the war on drugs a
few years ago. But Franklin is a rare one.
Beyond activism, we’re also not participating in the “green rush” of
business opportunities that have popped up. Instead of trying to fight
dispensaries, as some community groups have been doing, they should be
trying to foster some folks in the community to own some of these, in addition
to grow supply stores or testing facilities or packaging plants. That would
go a whole lot further in protecting the community than trying to keep
them out.
“I know some guys that work in dispensaries but they’re not the owners
of facilities,” says Joe White, a black Detroiter who sits on the board
of the Michigan Chapter of NORML. White has lobbied at the state Capitol
on marijuana issues, but now he’s focusing on educational outreach in Detroit.
“People in the city need to sit down and talk about this,” says White.
“That includes church leaders. Rev. Alonzo Bell agrees that this is something
that needs to be discussed in the African-American community regarding
marijuana. Things just need to be talked about, and we need to clear the
air on this discussion.”
Statistics show that among all ethnicities the older you get the less
support there is for loosening marijuana laws. When I attended a meeting
of the Metropolitan Detroit Community Action Coalition (which seeks rules
restricting dispensaries) a couple of months ago, I guessed that the average
age of the attendees was about 70. It could have been a little lower but
they were clearly alarmed about marijuana stores in the neighborhoods.
“The group that’s most resistant to any of these marijuana issues is
the African-American senior population,” says White. “There were a couple
of studies done on that. The African-American senior population is fighting
against it when issues come up. Most of it is a lack of knowledge, fear,
misguided information, and so forth. Fear sometimes drives us backward
instead of forward.”
It’s hard to blame them when they have seen their city and their neighborhoods
ravaged and believe drugs are to blame for why that happened. But at this
point marijuana won’t be stopped. There are three different petition drives
to legalize recreational use of marijuana in Michigan, and Rep. Jeff Irwin
(D-Ann Arbor) intends to submit a legalization bill to the legislature
this year. Polls show a majority of Michiganders support recreational legalization.
Legalization could very well come to Michigan very soon, and when that
happens the financial floodgates will be flung open.
In 2014 Colorado had medical and recreational marijuana sales of $700
million. Michigan’s population is close to twice that of Colorado so it’s
easy guess that sales would quickly go over the billion-dollar mark. Any
industry that comes in and makes that big a mark on the economy is huge.
And that doesn’t include what could happen with industrial hemp, although
it will take a while for the impact of that to be felt.
It’s coming. There is so much money to be made that even if the petition
drives are unsuccessful some major corporate entity will woo enough legislators
to make it happen. Marketing executives have already profiled marijuana
users and everything else they like: clothes, shoes, beer, dining choices,
sports activities, vacation spots. They’re ready to go. If legalization
somehow doesn’t come to Michigan by next year, it could very well happen
in any of several other states, including Ohio.
So African-Americans need to get over their fears - whether it’s the
fear getting arrested or the fear of the scourge of marijuana. There is
a coming new industry and unless some folks start investing more than the
cost of a bag at the local dispensary, we will again be left behind.
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Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Thu, 23 Apr 2015
Source: Trentonian, The (NJ)
Column: Passing the Joint
Copyright: 2015 The Trentonian
Contact: letters@trentonian.com
Website: http://www.trentonian.com
Details: http://www.mapinc.org/media/1006
Author: Edward Forchion, NJWeedman.com For The Trentonian
SIGN OF THE TIMES
I have a dilemma: Good Troopers
In these times of altercations recorded on cell phone cameras and Internet
hashtag campaigns against police abuse, I have a different dilemma: I can’t
commend the good officers for fear of getting them in trouble. I’m now
being treated very well by New Jersey police - and I can’t really write
about it because I don’t want to screw them up. I want good cops to prosper
and weed out (pun intended) the bad ones.
Everyone knows I’ve been abused in the past simply for publicly telling
the truth about marijuana. In the past I have complained bitterly about
troopers, in particular in 1999 it was NJ State Trooper Thornton (#5411)
who seemed to take my mere “NJWEEDMAN” existence as a personal affront
to him and his badge. He harassed me for weeks, actually forcing me to
flee him once. I successfully outran his cruiser, evading him at a high
rate of speed in my Jaguar. I drove directly to the Winslow Township
Police Station and ran inside to surrender to the local police before he
could arrest me. I later filed an Internal Affairs complaint against him
that was probably thrown in the trash moments after I left. And then in
2005 an unnamed State House trooper kicked me in the crotch and then insisted
on arresting me because I refused to leave the State House building when
Trooper Robert Attendees gather at a protest supporting marijuana and listen
to speakers at the event on Saturday March 21, 2015.
“Rowdy Rob” Rasinsky (#5773) objected to my T-shirt, which said “legalize
cannabis.” I was maced by Gloucester Township Police Officer Edward Bryant
and unlawfully arrested in Seaside Heights by Officer Fraas (#3404) for
lawfully passing out “NJWeedman for Congress” literature. The list goes
on and on, but now I’m experiencing something different.
I’ve complained about police officers plenty of times, and it’s no
secret that I’ve bitched about the “war on drugs” being blindly enforced
by these officers.
But now I’m getting breaks from officers and even from the unlikeliest
of unlikelies: state troopers. None of them are arresting me now and while
I think this is great, I feel constrained to report on these sign-of-the-times
encounters out of concern that their kindness or respect toward me will
cause harm to their jobs and careers. I can’t write about the details of
how an officer recently used his discretion to let me go when he smelled
marijuana and told me so but didn’t search me even though at that point
probable cause existed for a search and arrest. Nor could I provide the
particulars of how last month I pulled over on I-295 to talk on the phone
and didn’t notice the state police car that pulled in behind me. When I
opened my glove box to retrieve my documents for the trooper, I had close
to an ounce sitting in plain sight. I was personally happy I didn’t get
a new charge; the officer acted like he didn’t see it, to my delight. But
I couldn’t tell anyone my “good officer” stories. They have remained
in my head-until now.
On Sunday 4/19, “’Twas the night before 4/20” -
I accepted an invite to come celebrate 4/20 at an event called the
“Secret Sesh” in Newark. The event has been publicized on Facebook for
weeks, with the actual location not being revealed until 7 p.m. on
4/19. This event was basically a ganja party in a nightclub to celebrate
the 420 Stoner Day, like it was a New Year’s Eve party. The music was mostly
reggae and the marijuana-themed rap had me really thinking 4/20 has already
become a holiday, as HBO’s BILL Maher is now petitioning the government
to establish. I’ve been a marijuana activist for close to 20 years, and
just this event taking place in New Jersey was historically epic to me.
On the way to the event in the smoke-filled WEEDMOBIL, I and my four
other pothead passengers were actually in the process of hot-boxing on
the NJ Turnpike when we were pulled over by a New Jersey State Trooper
at exit 6.
Flashback-style I panicked, and seconds after the trooper turned on
his lights I dumped my bottle of weed out the window and continued to drive
for another ¼ mile, a cloud of smoke emerging as I opened the window
to do so.
My fellow potheads in the back scrambled to put out spliffs, hide pipes,
and pull out cameras. Yet when the smiling officer approached (yes, he
was smiling - I didn’t think that was even possible for troopers), he never
mentioned smelling anything, which was a huge departure from the norm.
In the past troopers have looked at me and claimed they smelled marijuana
and used that as probable cause to handcuff me and search me and my vehicle.
Now maybe this trooper didn’t have the K-9 nose many claim they do
or times have changed. I got the sneaking suspicion he couldn’t believe
his eyes when he saw a WEEDMOBIL and had to see it for himself. He didn’t
call for backup or demand to search the vehicle. Ultimately I was given
a warning ticket for a “dim light”; the trooper treated us with respect,
and we went on our merry way to the “Secret Sesh” with a story to tell.
The actual location was kept hush-hush by the organizers, obviously
to prevent law enforcement from interfering. But just to take that chance
to promote and host such a marijuana event shows how emboldened the potheads
of New Jersey have become despite Christie, our state politicians, and
the current marijuana laws. I hadn’t seen that much weed at a party since
my days in Hollywood. The host, a Newark rapper and Brick City legend named
Marley Sheen “Sucio is his rap name”, handed out high-grade marijuana
at midnight, as well as THC concentrates and edibles in defiance of Governor
Christie’s brownie ban. Potheads from around the state converged on the
“SECRET SESH” smoking, dabbing, and dancing. We had a HIGH time.
Now 20 years ago, not only did very few even know about the term “420”
(it was secret stoner lingo at the time), but to have such a party, and
to invite me as the celebrity guest, was unthinkable. For those who don’t
know what “sesh” means, it’s pothead slang for “smoke session.” Even with
my creative THC-enhanced mind, I couldn’t have written a better script
for the most recent mainstreaming of marijuana. CNN has even become the
Cannabis News Network!
At the last three protests I’ve participated in at the State House,
including this past Monday 4/20, hundreds of NJ potheads have openly smoked
weed at the very seat of power in this state and no one has been arrested
by the state police - times have changed.
Now only if I could convince the president of the NJ State Municipal
Prosecutors Association, Mr. JonHenry Barr, to exercise his discretion
like these troopers and stop prosecuting the potheads.
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xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Wed, 22 Apr 2015
Source: Seattle Weekly (WA)
Contact:
http://www.seattleweekly.com/feedback/EmailAnEmployee?department=letters
Copyright: 2015 Village Voice Media
Website: http://www.seattleweekly.com/
Details: http://www.mapinc.org/media/410
Author: Michael A. Stusser
Column: Higher Ground
EDUCATING JANE
Shooting Down a Few Anti-Legalization Arguments.
“They’re talking about opening a weed stand, or whatever, right next
to my kids’ school,” the woman began, reaching for a plastic cup of wine
during ArtWalk. “I mean, they’re already getting drunk. Now this will make
a second thing we’re allowing for!”
I gently reminded her that both of those things were illegal for minors,
but she would have none of it.
“Seriously. The parties they go to are beyond,” she said, gazing at
an out-of-this-world painting on the gallery wall. “From eighth grade on,
there is alcohol at most of their socials. That’s already happening. So
to add another drug that can mess up their minds . . . “
I understood the fear she was experiencing. Parenting is terrifying.
I get it; I had a teenage daughter once. (Good lord.) But one way to alleviate
some of the fear about our kids having sex or smoking dope or getting shot
on the playground is by clarifying some of the misinformation and having
open dialogue. (That’s the theory.)
“To be honest, I’d rather have my kid on weed than alcohol, ma’am.”
She was only a few years older than me, but we hadn’t been properly introduced.
“I mean, alcohol kills 46,000 people a year, prescription drug ODs kill
another 17,000. And let’s not forget cigarettes!” (440,000 deaths a year.)
“And so when it comes to these kids drinking and driving or smoking and
driving . . . I’d prefer they had cannabis.”
Jesus. I’d wanted to come off as even-handed and open-minded, and now
I was advocating that the youngsters hotbox in their daddy’s Chevrolet.
“Do you have kids!?” she inquired. “It’s hard enough. I mean, the store
is going to be right there. At the foot of the school!”
I didn’t want to get into the specifics of her increasingly incoherent
argument-in Washington state, recreational shops must be at least 1,000
feet from schools, playgrounds, libraries, game arcades, public-transit
centers, or parks. But I did feel the need to make one point.
“I’m sorry, miss-what was your name?”
“Jane.”
“Hi, Jane. Can I call you Mary Jane?” (Blank stare.) “I’m kidding.
Listen, I totally agree that we should try to keep drugs away from young
people.” I felt myself go into talking-points mode, but I couldn’t stop.
“And I know this seems counterintuitive, but teen drug use has gone down
in the states where it’s legal. That’s just a fact.”
I knew right when it came out of my mouth that it was too preachy,
but I’ve learned a few things writing this column. One is that kids don’t
know shit about cannabis, other than that it is, and always has been, easy
to get. A new 2014 Health Use Survey shows that a significant number of
10th and 12th graders don’t believe there are risks in weekly marijuana
use. (On this, they’re obviously pinheads-pot is not great for the developing
brain.) It also found that parents were also clueless: Only 57 percent
knew the legal age of recreational weed (as compared to 71 percent of kids),
and only 63 percent understood you’re not allowed to grow it at home.
“Why make matters worse?” she railed, spilling chardonnay on my shoes.
“There are already so many drugs: They take Ecstasy and prescription pills!
I’m telling you-what I heard is that they walk right in and order, like
a Starbucks or something.”
“Thing is, Jane, recreational-marijuana stores are not selling to high-school
kids. They’re just like bars-they don’t want to get shut down for not checking
IDs. Besides, whoever is selling your kid a bag of weed behind the Port-a-Pottys
at Lakeside is not going to be asking if they’re 21, and there won’t be
a warning label listing the THC levels.”
We stared at a painting that could have been a giant bong or a lovely
vase-it kind of depended on your perspective.
“The new stuff is just so much stronger, you can OD on it,” she said
with a smile-ish smirk that made me want to hug-strangle her. “I read something
in the paper about synthetic marijuana killing these kids at a party in
Florida.”
“Yes, and they should stop calling it marijuana. AstroTurf would be
a better name, because it’s not really marijuana. Jane, there are all kinds
of deadly drugs out there, but pot’s never killed anyone. Not one person.”
I was going to ask her if she’d ever tried cannabis, but could tell
I’d already pushed her personal boundaries. “Have you talked to your .
. . daughter, is it? About weed?” I asked meekly. “About marijuana?”
Her eyebrows would have gone higher if they could have. “Talked? To
her about pot?! What would we say? I mean, she knows we don’t approve.”
“That’s great! A recent study from the UW showed that kids listen to
their parents more than anyone else-even their own friends. And the ones
who know their parents disapprove are way less likely to try pot.”
“Well that’s good, I guess,” she replied, looking me in the eye for
the first time.
“The other thing is that talking to kids about weed works better than
punishment.” A raised eyebrow. “In this study [from the UW’s School of
Social Work], students who got suspended after smoking pot kept smoking
pot. But if the kid gets sent to a counselor, they’re 50 percent less likely
to smoke!”
“I assume you get stoned.”
I pulled the wine bottle out of the tub of ice. “I use all kinds of
legal drugs, Jane,” I said, topping us off. “Takes the edge off of being
a grown-up . . . “
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MAP posted-by: Jay Bergstrom
xxx
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sat, 25 Apr 2015
Source: Seattle Times (WA)
Copyright: 2015 Associated Press
Contact: opinion@seattletimes.com
Website: http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Authors: Rachel La Corte and Gene Johnson, The Associated Press
LAX MEDICAL-POT RULES TO GO AS INSLEE SIGNS OVERHAUL BILL
Recreational Shops to Sell Medical Products Cooperative Grows Limited
to No More Than 4 Patients
OLYMPIA (AP) - Nearly two decades after voters passed a medical-marijuana
law that often left police, prosecutors and even patients confused about
what was allowed, Gov. Jay Inslee signed a bill Friday attempting to clean
up that largely unregulated system and harmonize it with Washington’s new
market for recreational pot.
Among the law’s many provisions, it creates a voluntary registry of
patients and, beginning next year, eliminates what have become in some
cases large, legally dubious “collective gardens” providing cannabis to
thousands of people.
Instead, those patients will be able to purchase medical-grade products
at legal recreational marijuana stores that obtain an endorsement to sell
medical marijuana, or they’ll be able to participate in much-smaller cooperative
grows of up to just four patients.
And those big medical-marijuana gardens will be given what lawmakers
describe as a path to legitimacy: The state will grant priority in licensing
to those that have been good actors, such as by paying business taxes.
“I am committed to ensuring a system that serves patients well and
makes medicine available in a safe and accessible manner, just like we
would do for any medicine,” Inslee wrote in his signing message to the
Legislature.
The proliferation of greencross medical dispensaries has long been
a concern for police and other officials who decry them as a masquerade
for black-market sales. Some proprietors of new, state-licensed recreational
pot businesses - saddled with higher taxes - called them unfair competitors.
Washington in 1998 became one of the first states to approve the use
of marijuana for medical purposes, but the initiative passed by voters
did not allow commercial sales. Instead, patients had to grow the marijuana
for themselves or designate someone to grow it for them. The measure did
not prohibit patients from pooling their resources to have large collective
gardens on a single property, but the size of some made law enforcement
queasy, and raids sometimes resulted.
Medical-marijuana growers repeatedly sought legislation that would
validate their business model, coming closest in 2011, when the Legislature
approved a bill to create a licensing framework for medical dispensaries.
But then-Gov. Chris Gregoire vetoed much of the measure.
This time, with the state seeking to support its nascent recreational-pot
industry after the passage of Initiative 502 in 2012, there was a financial
impetus to pull the medical users into the recreational system. The recreational
businesses pressed for a tight rein on the medical industry with newfound
lobbying muscle, and the medical businesses countered with some of their
own.
That left advocates concerned that the people who are actually sick
were the ones losing out. Under the new system, patients will be buying
more heavily taxed marijuana, and they’ll be allowed to grow fewer plants
at home.
“This is pejorative to patients while being friendly to those who are
in the business of patients,” said Muraco Kyashna-tocha, who operated a
Seattle medical dispensary. “There are sincere patients who don’t have
any money. They’re cancer patients who are being bankrupted by their treatment.”
Under the new law, patients who join the voluntary registry will be
allowed to possess three times as much marijuana as is allowed under the
recreational law: 3 ounces dry, 48 ounces of marijuana-infused solids,
216 ounces liquid and 21 grams of concentrates. Such a patient could also
grow up to six plants at home, unless authorized to receive more.
Patients who don’t join the registry can possess the same as the recreational
limit of 1 ounce, and grow up to four plants at home - which recreational
users can’t.
State Sen. Ann Rivers, R-La Center and the sponsor of the measure,
said part of the reason the registry is so important is to find out if
there are enough stores providing medical products to patients.
“We have no idea how many patients we have in this state,” she said.
Inslee, who vetoed some minor sections of the bill, was joined during
the signing by Ryan Day and his epileptic 6-year-old son, Haiden. The boy’s
seizures have been managed with an extracted liquid form of marijuana.
Day said the new law gives his family more certainty.
“We were under the threat every single year that the system was going
to change in a way that was going to take away my ability to help my son,”
he said.
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MAP posted-by: Jay Bergstrom
XXX
Newshawk: http://www.drugsense.org/donate.htm
Pubdate: Sat, 25 Apr 2015
Source: Honolulu Star-Advertiser (HI)
Copyright: 2015 Star Advertiser
Contact:
http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html
Website: http://www.staradvertiser.com/
Details: http://www.mapinc.org/media/5154
Note: New York Times
The Science Why
CANCER RISKS FROM POT REMAIN UNCLEAR
QUESTION: Leaving aside questions of addiction and brain effects, what
is known about the effects of marijuana on things like the lungs and digestive
tract?
ANSWER: The limited formal studies that have been done on marijuana
and cancer have yielded complex and often conflicting results, according
to a summary of research updated last year and published by the National
Cancer Institute for health professionals.
For example, a large study reviewing the medical records of 64,855
men in the United States found that use of cannabis was not associated
with tobacco-related cancers and a number of others, but was linked to
an increased risk of prostate cancer. But a smaller study in North Africa,
involving 430 cases and 773 controls, did find an increased risk of lung
cancer in those who also smoked tobacco.
A recent survey of large cross sections of adults in the United States
found that daily smoking of marijuana for up to 20 years did not harm lung
function as measured by airflow on exhalation. As for the digestive tract,
marijuana and its derivatives have been used to improve appetite and fight
nausea in cancer patients, but inhaled marijuana has been subject to only
three small formal anti-nausea studies, and the results were inconclusive,
the NCI said.
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MAP posted-by: Jay Bergstrom
xxx
Newshawk: chip
Pubdate: Wed, 22 Apr 2015
Source: Wall Street Journal (US)
Copyright: 2015 Dow Jones & Company, Inc.
Contact: wsj.ltrs@wsj.com
Website: http://www.wsj.com/
Details: http://www.mapinc.org/media/487
Author: Devlin Barrett
DEA CHIEF MICHELE LEONHART TO STEP DOWN
Resignation comes amid disagreements with Obama administration on drug
and criminal-justice policy
The head of the U.S. Drug Enforcement Administration has decided to
resign amid mounting disagreements with the Obama administration on drug
and criminal-justice policy, and intense criticism of her handling of a
sex-party scandal involving DEA agents.
Michele Leonhart, who has led the agency since 2007, has been under
growing pressure to depart. Her hold on the job has been precarious for
more than a year following her apparent discomfort with the Obama administration’s
acceptance of laws in some states decriminalizing marijuana.
She also distanced herself from the Justice Department’s effort to
scale back some prison sentences for nonviolent drug crimes.
Outgoing U.S. Attorney General Eric Holder said Tuesday that Ms.
Leonhart, a career law-enforcement officer who worked on the Baltimore
police force before becoming a DEA agent, would retire next month.
He called Ms. Leonhart a “trailblazer for equality and an inspiration
to countless others,” noting she was a female agent who rose through the
ranks during a 35-year career. “She has devoted her life and her professional
career to the defense of our nation and the protection of our citizens,
and for that, I am deeply grateful,” Mr. Holder said.
Ms. Leonhart couldn’t be reached for comment.
A former DEA chief, Peter Bensinger, criticized the Obama administration
for forcing her out. The sex-party scandal, he said, “is not what is causing
her departure. This is about her courage to enforce the law. It’s
about marijuana which is illegal in all 50 states under federal law, it’s
about our international treaty obligations, it’s about the asset forfeiture
law, and minimum sentencing for serious drug offenses. It’s about
politics.”
A Justice Department spokesman declined to comment on Mr. Bensinger’s
criticism.
Ms. Leonhart’s time as the nation’s top drug enforcement officer saw
major changes in government policy toward drugs, particularly marijuana.
Those changes left her increasingly at odds with her bosses in the Obama
administration, but neither she nor the White House seemed willing to have
a public confrontation on the issue.
Public criticism of Ms. Leonhart intensified this month after a Justice
Department inspector general report found that DEA agents had engaged in
sex parties in Colombia, where prostitution is legal in certain zones.
The agents received what lawmakers of both parties called light punishment-suspensions
without pay ranging from two to 10 days.
At a congressional hearing last week, legislators questioned whether
Ms. Leonhart should continue to lead the agency. She defended herself
by saying she had little direct control over the DEA’s disciplinary process,
and was trying to improve it.
After the hearing, nearly two dozen lawmakers signed a letter saying
they had no confidence in her continuing in the job because they didn’t
believe she could change what they called the “good old boy” culture at
the agency. A White House spokesman declined at the time to say if she
still had the confidence of President Barack Obama.
Ms. Leonhart is leaving at a time of shake-ups in the top ranks of
the Justice Department. The head of the Bureau of Alcohol, Tobacco, Firearms
and Explosives recently left his position, and Attorney General Eric Holder
is likely to leave his job any day, as lawmakers said Tuesday they had
ended a deadlock over a piece of legislation that had been holding up a
floor vote on the nomination of his intended successor, Loretta Lynch.
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MAP posted-by: Matt
xxx
Newshawk: Kirk
Pubdate: Wed, 22 Apr 2015
Source: Time Magazine (US)
Copyright: 2015 Time Inc
Contact: letters@time.com
Website: http://www.time.com/time/magazine
Details: http://www.mapinc.org/media/451
Author: Maya Rhodan
MARIJUANA REFORM ACTIVISTS PUSH FOR CHANGE WITH DEA HEAD
And the resignation of Chief of Administration Michele Leonhart offers
the chance for change
Marijuana legalization advocates are excited about the departure of
Michele Leonhart, the head of the Drug Enforcement Administration, whom
they long considered an obstruction in their goal of reforming the nation’s
drug laws.
“We are happy to see her go,” says Dan Riffle, the director of federal
policies at the Marijuana Policy Project. “She’s a career drug warrior
at a time when we’ve decided the ‘War on Drugs’ is an abject failure.”
Leonhart has been at the DEA for 35 years and served as the top dog
since 2007. Though the recent scandal involving agents soliciting sex from
prostitutes is what will likely most clearly tarnish her reputation, her
position on drug policy has led marijuana reform activists to call for
her resignation, says says Neill Franklin of Law Enforcement Against Prohibition.
Franklin, a veteran of the Maryland state police, calls her position on
marijuana reform “archaic.”
Marijuana legalization advocates are excited about the departure of
Michele Leonhart, the head of the Drug Enforcement Administration, whom
they long considered an obstruction in their goal of reforming the nation’s
drug laws.
“We are happy to see her go,” says Dan Riffle, the director of federal
policies at the Marijuana Policy Project. “She’s a career drug warrior
at a time when we’ve decided the ‘War on Drugs’ is an abject failure.”
Leonhart has been at the DEA for 35 years and served as the top dog
since 2007. Though the recent scandal involving agents soliciting sex from
prostitutes is what will likely most clearly tarnish her reputation, her
position on drug policy has led marijuana reform activists to call for
her resignation, says says Neill Franklin of Law Enforcement Against Prohibition.
Franklin, a veteran of the Maryland state police, calls her position on
marijuana reform “archaic.”
Sign up for and more view example
Leonhart has been a major hurdle in the effort to reconsider marijuana
as a Schedule 1 substance, which could pave the way for more research into
the health benefits of the drug. In 2011, the agency again rejected a petition
to reschedule marijuana. According to the Drug Policy Alliance, the agency
spent about $100 million in 2012 alone on enforcement regarding medical
marijuana laws.
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“Leonhart opposed medical marijuana, she opposed sentencing reform,
she opposed pretty much everything that Obama was doing and for that matter
everything Congress was doing,” says Bill Piper, the director of National
Affairs at the Drug Policy Alliance.
The Drug Policy Alliance is one of several drug and marijuana policy
organizations that have previously called for Leonhart’s removal.
Following a speech in which Leonhart was critical of Obama’s assertion
that smoking marijuana was no more harmful that drinking alcohol, the Marijuana
Policy Project and over 47,000 citizens called for her to resign. A Drug
Policy Alliance petition called for her removal following revelations that
the DEA had been tracking citizens’ phone calls for decades. Organizations
including Students for Sensible Drug Policy and the National Organization
for Reform of Marijuana Laws have also called for her resignation.
Though who will be filling in for Leonhart isn’t yet clear, activists
say her replacement should be more supportive of ongoing reform initiatives,
including reducing mass incarceration and taking the health impact of drugs
into consideration when formulating policy. What’s more, Piper says, her
removal could lead the Obama administration to reschedule marijuana before
the President leaves office.
“This offers a good opportunity for marijuana reform to move forward
quicker than it has been moving,” Piper says.
More than that, though, it could signal and even steeper change to
policy regarding the enforcement of drug laws. As more states consider
legalizing marijuana in some form-23 states have legalized medical use
and four have given the green light to toking up recreationally. Six additional
states could consider legalization during the 2016 election. As the
nation’s stance on that shifts, so too should its approach to drug enforcement,
advocates say.
“Within the next 10 years, I see massive drug policy reform and therefore
really an end to the DEA,” Franklin says. The new leader, he says, should
approach the role as if he or she is “dismantling a decommissioned battleship
and selling the pieces for scrap metal.”
“For most part, the DEA exists because they’re enforcing prohibition,”
he adds. “I believe we’re moving away from prohibition and more toward
health.”
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MAP posted-by: Matt
xxx
Newshawk: chip
Pubdate: Fri, 24 Apr 2015
Source: Wall Street Journal (US)
Copyright: 2015 Dow Jones & Company, Inc.
Contact: wsj.ltrs@wsj.com
Website: http://www.wsj.com/
Details: http://www.mapinc.org/media/487
Author: Gordon D. McAllister Jr.
In 2013, 31% of all federal criminal cases were drug cases, and 21%
of those cases involved marijuana.
As a retired state court trial judge and member of Law Enforcement
Against Prohibition, I read with some interest Record Backlog Jams Courts
(page one, April 7) about cases in federal courts. These delays often amount
to justice denied for litigants who don’t get the relief they seek in a
timely manner.
The article doesn’t mention the elephant in the courtroom: the explosion
of drug cases in both federal and state court and their effect on our criminal
system. Rather than debate the issue of how and where to put more courtrooms,
it is time to have a serious and adult discussion about drug use and the
criminal justice system. Statistics from the U.S. Sentencing Commission
for 2013 reveal that 31% of all federal criminal cases were drug cases,
and 21% of those cases involved marijuana. This is our war on drugs in
action. If in fact there is a war, it seems to me we are losing. In my
28 years on the bench, my criminal docket contained a greater percentage
of drug cases than the average federal court docket, and if you factored
in the crimes committed by drug users to help support their habit, the
number was much closer to 50%. The war on drugs has been a decades long
failed experiment in treating drug use as criminal behavior. The cost of
this folly to the judicial system goes beyond the court system and takes
valuable man hours from law-enforcement personnel and is the major cause
of jail and prison overcrowding. Treatment of drug use as a medical and
not criminal issue would benefit not only the individual user, but the
court system and society as well.
Gordon D. McAllister Jr.
Queenstown, Md.
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MAP posted-by: Matt
Newshawk: chip
Pubdate: Wed, 22 Apr 2015
Source: Wall Street Journal (US)
Copyright: 2015 Dow Jones & Company, Inc.
Contact: wsj.ltrs@wsj.com
Website: http://www.wsj.com/
Details: http://www.mapinc.org/media/487
Author: Jess Baravin
SUPREME COURT CURBS DRUG-SNIFFING DOGS DURING TRAFFIC STOPS
Justices continue on path of strengthening constitutional protections
against ‘unreasonable search and seizure’
WASHINGTON-The Supreme Court ruled 6-3 on Tuesday police can’t prolong
a routine traffic stop to allow a drug-sniffing dog to search the vehicle
unless they have a reasonable suspicion of uncovering contraband.
The case is the latest to see the justices reinvigorate constitutional
protections against “unreasonable searches and seizures,” following recent
decisions that rejected warrantless cell phone searches and installation
of GPS trackers.
Tuesday’s ruling tightens the parameters police should follow when
using drug-sniffing dogs during a traffic stop, building on a 2005 precedent
allowing the drug searches while stressing such procedures become unlawful
if a motorist is detained solely to conduct the search.
“We hold that a police stop exceeding the time needed to handle the
matter for which the stop was made violates the Constitution’s shield against
unreasonable seizures,” Justice Ruth Bader Ginsburg wrote for the majority.
She was joined by Chief Justice John Roberts and Justices Antonin Scalia,
Stephen Breyer, Sonia Sotomayor and Elena Kagan.
The case came from Valley, Neb., where in March 2012 a K-9 officer,
Morgan Struble, stopped a Mercury Mountaineer carrying two people after
it briefly veered onto a highway shoulder.
It took Mr. Struble about 22 minutes to make his routine checks of
the driver’s license, auto registration and proof of insurance, pulling
up no outstanding warrants or other reason to delay the vehicle. After
giving the driver, Dennys Rodriguez, a warning ticket, Mr. Struble asked
permission to walk his drug-sniffing dog, Floyd, around the vehicle.
When Mr. Rodriquez declined, Mr. Struble ordered him out of the car
and had him wait until a backup officer arrived. On a walk around the Mountaineer,
the dog led the officers to a bag of methamphetamine.
A federal magistrate judge found that Mr. Struble had nothing more
than a “large hunch” to justify the search, but admitted the evidence anyway
because the procedure imposed only a minimal delay on Mr. Rodriguez.
Federal district and appellate courts upheld that decision. The Supreme
Court faulted lower courts.
“A seizure for a traffic violation justifies a police investigation
of that violation,” Justice Ginsburg wrote. While the court has allowed
police to take certain actions in a traffic stop that go beyond its narrow
purpose, such as requiring motorists to exit their vehicles, those have
been closely tied to officer safety or other practical needs, she said.
The decision returns the case to the Eighth U.S. Circuit Court of Appeals,
in St. Louis, to consider whether Mr. Struble had a reasonable suspicion
that justified use of a drug-sniffing dog.
Justice Clarence Thomas dissented, joined in part or whole by Justices
Anthony Kennedy and Samuel Alito.
Twenty-nine minutes “is hardly out of the ordinary for a traffic stop
by a single officer of a vehicle containing multiple occupants even when
no dog sniff is involved,” Justice Thomas wrote.
In 2013, the court ruled that police conducted an unlawful search when
they brought a narcotics dog to the porch of a private home without a warrant.
Police have won some recent Fourth Amendment cases, however. In December,
the court unanimously upheld a search conducted after an officer stopped
a car on the mistaken belief that it was unlawful to drive with a broken
brake light. The justices found that to be a reasonable mistake.
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MAP posted-by: Matt
xxx