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Marijuana Policy

Marijuana Policy Subtopics:

Marijuana Warriors and Statistical Illness (was "Here We Go Again" or "Walters Is At It Again")

A number of our readers wrote in this weekend to point out that drug czar John Walters was stumping the "marijuana causes mental illness" bandwagon. It was probably inevitable. After all, a year ago we reported, "Reefer Madness Strikes a Leading British Newspaper," and this and other spurious claims have continued to emanate from various outlets and agencies ever since. Still, propaganda is no less irritating for having anticipated it. So I could only sigh when I received a copy of a New York Times story that a member had forwarded, with his note "Walters is at it again." The article did quote people on the other side, which is good. But there's no way around the headline, which is what most people will ever read and which did not reflect any controversy or disagreement over the drug czar's claims. Master stats and criminology expert Matthew Robinson (author of the famed "Lies, Damn Lies, and Drug War Statistics" picked a similar title for his detailed critique of Walters, "Here We Go Again: White House Makes Scary Claims About Marijuana." I'll leave it to readers to follow the link for the bulk of Robinson's analysis, but the major thing to keep in mind is that Walters has not met the three-level burden of proof to back up his claims. Those levels are the following:
  1. One must show a correlation. Marijuana use and mental illness have to show up in many of the same people. That might not be so hard to demonstrate, but the reason for the correlation may be as simple as the fact that lots of people use marijuana, so most physicial or psychological issues may be represented among its users. Which leads to the second needed level:
  2. One must show a temporal order. That is, it is necessary to prove that marijuana use preceded the onset of mental illness. If marijuana use began later, there obviously is no causation. Even if they start at about the same time, there may be no causation.
  3. And then there is a third, very crucial intellectual requirement for drawing the conclusion that marijuana use causes mental illness. That is the need to demonstrate a "lack of spuriousness" -- which means eliminating the possibility that other factors could have led to both the marijuana use and the mental illness. For example, physical or other life issues may have led an individual to become depressed, and that person may have then begun using marijuana because of being depressed. Or there could be biological or personality factors that make both depression and drug use more likely. Or there could be other things going on.
And now you know more about statistics than the drug czar does. :)

Marijuana: UK’s Police and Drug Policy Experts Object to PM’s Reefer Madness

Finally making good on his proposal nearly a year ago, British Prime Minister Gordon Brown’s reclassification of marijuana as a class B drug is so obtuse and such poor public policy that the police are refusing their newly-given power:
Nearly six out of 10 cases of cannabis possession used to be dealt with by arrest and formal caution before it was downgraded. But police chiefs are not expected to return to such a practice, blamed for wasting thousands of officers' hours that could be spent on other crime-fighting duties. The Association of Chief Police Officers told the Guardian: "The key will be the discretion for officers to strike the right balance. We do not want to criminalise young people who are experimenting."
When police go so far as to reject an increase in their power, especially when it comes to drugs, it should be clear that your policies are laughable. Adding to his obtuseness, PM Brown rejected the recommendation of his own panel of 23 highly-qualified drug policy experts when they ruled harsher reclassification was the wrong thing to do. It’s doubtful, but hopefully the combination of objections by UK law enforcement and drug policy experts will finally make him realize, and admit, that the policy is flawed. Making this reclassification even more ridiculous, the government is having major problems keeping drugs out of the hands of prisoners:
DRUGS worth more than £100million are being traded in prisons every year, it was revealed yesterday. The claim was made by a former drugs treatment chief who said half of all prisoners are addicts. As much as 44lb (20kg) of narcotics, mainly heroin, were smuggled into jails every week said the former official, Hussain Djemil.
It seems there should be more pressing concerns for British drug policy officials. If they can’t keep hard drugs out of the prisons (which come complete with strip and body cavity searches, drug dogs, prison guards, constant surveillance, etc.), what’s the point of increasing sentences for a soft drug like marijuana? Of the millions of cannabis users, some of those who will be caught will go to jail for even longer where they will be exposed to a 100 million dollar industry that will provide them cheaper drugs! Once again, how and why is reclassification going to be an effective deterrent? Police refusing to adhere to the reclassification policy is a wonderful sign. It sets a good precedent of dissonance toward misinformed or abusive authority that is rarely seen directed toward elected officials over drug policy matters. If more police chiefs would follow this example, drug prohibition would be in greater jeopardy. Hopefully this will lead to more reasonable people standing up in civil disobedience against drug policies that they know to be immoral and ineffective.

New York City's Marijuana Arrest Rate is Wildly Out of Control

Two of my colleagues, Deborah Small and Prof. Harry Levine, have analyzed New York City's marijuana policy in a major report released Wednesday the New York Civil Liberties Union. The chart appearing above pretty makes the central point, but check out Jacob Sullum's piece in Reason for a good general discussion of the report's findings and implications. Also, Scott wrote here last night about an important side angle, why it's a bad idea to take out your marijuana to give it to police. Yesterday's is a must-read too. The report itself, and the authors' summary, are online here

Marijuana: Lead-laced Pot Newest Prohibition-related Disaster

Editor's Note: Shane G. Trejo is an intern at StoptheDrugWar.org. His bio is in our "staff" section.

It turns out that prohibition has found an effective way to make marijuana truly toxic. As seen in Germany where marijuana has been tainted with lead in order to increase its weight and increase profits an estimated $682 per pound:

One bag bought from a dealer even contained lead particles big enough to see, which meant the lead must have been added deliberately, rather than being absorbed into the plant from contaminated soil. … The authorities do not know where the tainted marijuana came from or why the lead was added, but the German police suspect that it was done to make money. The samples tested contained 10 percent lead by weight, which translates into an increased profit of about $682 per pound of marijuana.
Maybe Fox News was onto something when they reported about the killer weed. Of course, legalization and regulation would solve any tainted supply problems of not just marijuana but any drug. If policy makers had any concept of history, they would realize this. Look at what happened during alcohol prohibition in the 1920s:
Highly toxic wood alcohols found their way into much of the available bootleg liquor. When denatured industrial alcohol was not sufficiently diluted, or was consumed in large quantities, the result was paralysis, blindness and death. In 1927, almost twelve thousand deaths were attributed to alcohol poisonings, many of these among the urban poor who could not afford imported liquors. In 1930, U.S. public health officials estimated that fifteen thousand persons were afflicted with "jake foot," a debilitating paralysis of the hands and feet brought on by drinking denatured alcohol flavored with ginger root.
When was the last time you saw an American alcohol consumer come down with a case of jake foot? That’s right, never. Because when a person goes to the store to buy liquor or beer, they know exactly what they are getting. I can’t for the life of me remember any deception-related scandals or recalls related to alcohol suppliers. Elected officials choose to ignore the lessons that history has taught us. And as a result, over 100 people have been poisoned in Germany after having to buy marijuana from an unregulated, criminal market. Society suffers while the perpetrators can continue to sell the lead-laced pot with no accountability or consequences.

British PM Ignores Experts, Set to Increase Penalties for Pot Smokers

Editor's Note: Shane G. Trejo is an intern at StoptheDrugWar.org. His bio is in our "staff" section.

As touched upon in Friday’s edition of the Drug War Chronicle, United Kingdom Prime Minister Gordon Brown wants to reclassify marijuana as a Class B drug. This would restore its pre-2004 classification and change the penalties of marijuana possession from an already draconian two year maximum sentence to five years:

Gordon Brown said: "I believe that if we're sending out a signal, particularly to teenagers – and particular those at the most vulnerable age, young teenagers – that in any way we find cannabis acceptable, given all we know about the way that cannabis is being sold in this country, that that is not the right thing to do. "There's a stronger case now for sending out a signal that cannabis is not only illegal, it's unacceptable."
What is with all these politicians wanting to send a message to youth that certain activities are bad? It shouldn’t be the government’s job to act like the mommy and daddy of its citizens. And as always, the push for increased toughness has been sparked for no good reason and without any rationality:
The mental health charity Rethink said Mr. Brown should heed the committee's advice. The charity spokesman Paul Corry said: "Gordon Brown should put aside his personal views on cannabis and accept the fact that it does not make sense to reclassify. "Use of the drug has gone down since it was downgraded in 2004 and research by Rethink shows that only 3% of users would consider stopping on the grounds of illegality." … Steve Rolles, of the Transform Drug Policy Foundation, told the Today programme reclassification was not the most effective way to alert people to the dangers associated with cannabis. He said: "Class C is still illegal. No one is saying it's harmless. I don't think increasing the prison sentence from two years to five years for possession is necessarily the way to do it. I think if we want to send out messages to young people, rather than mass criminalisation of millions of young people, I think the way to do it would be in effective, targeted public health education."
This message-sending nonsense is not only disgusting, it is ineffective. It should be common sense to know that while young people mature, some of them tend to rebel against authority. Taking a hard-line stance on marijuana is only going to make it seem cool and increase its usage amongst young people. In Switzerland, medicalization and harm reduction strategies related to heroin not only reduced crime, reduced usage and allowed addicts to be able to live functional lives but also managed to make the drug less cool to youth. From Issue #439 of the Drug War Chronicle:
And the Swiss may have succeeded in making heroin boring, the researchers suggested. "As the Swiss population supported this drug policy, this medicalization of opiate dependence changed the image of heroin use as a rebellious act to an illness that needs therapy," Drs. Nordt and Stohler wrote. "Finally," they add, "heroin seems to have become a 'loser drug,' with its attractiveness fading for young people."
You’d think politicians in general would try to become informed on the issues that they are deciding. But they often don’t, and some of them actually pride themselves on being uninformed. Here is a very telling quote from Conservative Party leader David Cameron:
"The Conservative party has a very clear view that it should be class B. People have had enough of reviews and the prime minister should stop dithering and get on and make a decision."

I am continuously shocked by the attitudes of people like these. Wouldn’t you want to wait for reviews and studies to happen before making a decision? This is a decision that will potentially put otherwise law-abiding citizens who happen to smoke pot in jail for up to five years. Wouldn’t you want to be as informed as possible before making a decision that could destroy lives and waste precious law enforcement dollars?

A disturbing trend amongst some politicians is the belief in state-enforced morality. This misguided belief keeps them from thinking rationally. Out of the issues he could possibly be worried about, PM Brown is worried about pot smokers? His moral grandstanding has made him seemingly oblivious to the fact that the result of marijuana reclassification will be potentially three more years in prison for a completely nonviolent personal act.

State-enforced morality is based on the faulty premise that the law needs to protect a societal purity. That is why that in spite of it being obvious that the war on drugs is a failure, it still continues to rage on. The message must be sent at any cost.

Mark Souder Accidentally Assists Marijuana Decrim Efforts in New Hampshire

The NH House of Representatives just passed a marijuana decriminalization bill and it looks like drug warrior Rep. Mark Souder (R-IN) inadvertently played a potent role in pushing the reforms through.

Coverage from the Associated Press indicates that the obscenely harsh aid elimination penalty of the Higher Education Act, which Souder authored, played a part in persuading NH legislators to put pot policy in perspective:
Supporters argued current law costs youths who experiment with the drug all chances at receiving financial aid to attend college. They said it wasn't fair to penalize them for life for a youthful mistake.

Windham Republican Jason Bedrick said he doesn't advocate using marijuana, but that wasn't the issue.

"The question is whether a teenager making a stupid decision should face a year in prison and loss of all funding for college," said Bedrick.

Bedrick called the state's penalties "overly harsh."

"What societal interest is served by giving them a record for life?" he said. Instead of harsh penalties, society should emphasize education, he said.
Souder's brainless attempt to fight drug use by keeping students out of school has already galvanized the reform movement, inspiring the formation of Students for Sensible Drug Policy and uniting the largest coalition of public interest groups ever to oppose a federal drug law.

Souder's heartless and counterproductive law has become emblematic of the drug war's tendency to throw the baby out with bathwater, destroying young lives in the name of protecting youth. It has opened doors to the reform movement by confirming our worst stereotypes of blind drug war demagoguery and motivating public health, education, and treatment organizations to join our ranks in calling for a return to sanity.

Today his law was used effectively in a state legislature as an argument for reforming marijuana laws. Whether or not the bill passes the senate and becomes law remains to be seen, but a lesson has been learned nonetheless: the drug warriors' own cruelty has become our most viable weapon in the fight for reform. We will always gain more ground arguing that the law is harmful than by claiming the drug is safe.

Finally, before celebrating Mark Souder's gift to the reform movement, let's not forget that 200,000 students paid a terrible price so that we can now more vividly depict the fury and callousness of our drug war leaders.

Drug Czar Pledges to Finally Do Something About All These Pot Smugglers

Gangstas better watch out. Hippies better stock up. The Drug Czar has had enough of the multi-billion dollar marijuana market, so he's decided to try even harder to stop it:
MEXICO CITY (AP) — Marijuana is now the biggest source of income for Mexico's drug cartels and the U.S. is committed to cracking down harder on traffickers, U.S. drug czar John Walters said Thursday.

"We're trying to increase the force with which we're attacking this problem," Walters said in a telephone interview with The Associated Press. "This is a focus because of the overlooked importance marijuana has in the violence."
Previously, you see, the Drug Czar was just trying really hard. But now he's gonna try really extra super 110% hard. It sounds like his strategy so far consists of issuing some sort of edict to prosecutors, probably by email, asking that they please put more people in prison for pot:
He added that the U.S. is "looking at additional ways in which we can have a stronger prosecutorial response," including requests for more funding and personnel.
So the Drug Czar, confronted with the failure of everything we've been doing for decades, will now request more funding to continue the same wasteful, destructive, redundant charade. Marijuana-related violence is one of the most unlikely and counterintuitive phenomena in human history, and yet it has become commonplace thanks to drug prohibition and its infinitely corrupting influence. The only remaining question is how many more declarations of redoubled drug war our nation's Drug Czars can pronounce before being pushed off their proverbial podium.

The Truth About Driving When You're High on Marijuana

Concerns about stoned drivers careening across our nation's highways are frequently cited as a justification for the continued criminalization of marijuana. Given the massive casualties associated with drunk driving, it's easy to understand how the specter of increased roadside fatalities can be effective in reinforcing negative attitudes about marijuana. However, a new report reveals that, while stoned driving isn't smart, it's hardly the death sentence some would have us believe.

NORML's Paul Armentano has prepared a scientific review of over a dozen studies evaluating marijuana's effect on psychomotor skills and the risks posed by marijuana intoxication behind the wheel. Armentano finds that marijuana impairment is generally "subtle and short-lived," falling far short of the threats posed by drunk driving.
Although acute cannabis intoxication following smoking has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting. In closed course and driving simulator studies, marijuana’s acute effects on psychomotor performance include minor impairments in tracking (eye movement control) and reaction time, as well as variation in lateral positioning, headway (drivers under the influence of cannabis tend to follow less closely to the vehicle in front of them), and speed (drivers tend to decrease speed following cannabis inhalation). In general, these variations in driving behavior are noticeably less consistent or pronounced than the impairments exhibited by subjects under the influence of alcohol. Also, unlike subjects impaired by alcohol, individuals under the influence of cannabis tend to be aware of their impairment and try to compensate for it accordingly, either by driving more cautiously or by expressing an unwillingness to drive altogether. [see original for citations]
Of course, the point here isn’t that one should get stoned and cruise the strip blasting Led Zeppelin. But this is information one would want if they were trying to create a smart marijuana policy as opposed to the disgraceful mess of legislative lunacy currently passing for marijuana law in America.

Whenever someone claims that marijuana makes you sick or crazy; that it will cause you to crash your car, kill your comrades, or catastrophically co-opt your common sense, just look for the corpses. Where are they? I've looked high and low, but I can't find the disastrous consequences of marijuana use apparent anywhere other than the Drug Czar's predictably propagandized press releases.

But to be fair, there are two horrible things about marijuana that everyone should be mindful of and they are as follows: 1) the smell attracts cops, nosy neighbors, and mooches and 2) the stuff remains detectable in your system for up to a month, thereby enabling various authorities to become needlessly aware of your activities.

If not for these two unfortunate conditions, the marijuana war wouldn't even begin to work, and the blockheads who've been bothering to fight it would've wandered off decades ago.

Republicans Try Marijuana at Higher Rate Than Democrats

It’ll come as a surprise to most, but Republicans try marijuana at a higher rate than Democrats. A Gallup poll found that 33% of Republicans have tried America’s favorite (and safest) illicit drug while a slightly lower 31% of Democrats have inhaled the celebrated herb.

Thinking back, I remember when it was learned that House Speaker Newt Gingrich, Supreme Court Justice Clarence Thomas, Minnesota Senator Norm Coleman and other Republicans had enjoyed marijuana in their pasts, and I recall the 2002 Republican congressional page scandal in which eleven pot smoker pages sponsored by Republican House members were dismissed subsequent to the discovery of marijuana in their Capitol Hill dormitory. I guess I should have put two and two together.

Politically speaking, the obvious question is “Why doesn’t this translate into more Republican support for marijuana decriminalization or legalization?” Only 21% of Republicans want the herb legalized while 37% of Democrats do. Do Republicans experience different effects? Do they feel guilty after imbibing?

Maybe we just need more Republicans to bring their views on marijuana laws out of the closet. Take Gary Johnson for instance. The former Republican governor of New Mexico supported the legalization of marijuana in a very public way when he was in office, in fact, he was eager to make it part of his legacy. He also wanted people to understand that he didn’t just “experiment” with the weed: “In running for office during my first term, I offered up the fact that I smoked marijuana. And the media was very quick to say, ‘Oh, so you experimented with marijuana’…No, I smoked marijuana. This is something that I did. I did it along with a lot of other people. But me and my buddies, you know…we enjoyed what we were doing,” said Johnson in 1999.

Of course, there’s another high-profile Republican not shying away from telling people marijuana should be legal -- Republican presidential candidate Ron Paul (R-TX) who has served in Congress for almost 20 years. And, heck, he just recently set the GOP’s one-day fundraising record of $4.3 million. Hmmm, it sure doesn’t seem like his supporters are afraid of his marijuana legalization spiel.

George Shultz, former Secretary of State under Ronald Reagan, also wants marijuana legalized. Almost 20 years ago, he coined an op-ed in the Wall Street Journal to tell people “...We need at least to consider and examine forms of controlled legalization of drugs.”

Another of Reagan’s most trusted aides, Lyn Nofziger, who also worked for Nixon and shares responsibility for unleashing the Reagan drug war on America, joined Rep. Dana Rohrabacher (R-CA) at a 2002 Capitol Hill press conference to support a federal medical marijuana bill and to push President Bush and other Republicans to get onboard. “I've become an advocate of medical marijuana…It is truly compassionate. I sincerely hope the administration can get behind this bill,” he said.

And then there are some of the Republican Party’s luminaries. Highly respected and influential ultra-conservatives like William F. Buckley, Jr. and Milton Friedman have called for marijuana legalization at least since Nixon famously visited Beijing, Hangzhou, and Shanghai in 1972. I suppose the appropriate question is “When will the Republicans decide to take the high road to China on this one?”

Note: It is interesting and important to realize that all of the conservatives whose viewpoints on drug policy were discussed above, save Nofziger, go much further than only wanting marijuana to be legal. In fact, they have either explicitly called for all drugs to be legalized or have strongly alluded to the idea they should be.

Marijuana Evolves Faster Than Human Beings

Explaining the failure of marijuana prohibition is easy. Sociology, economics, history, and psychology can all help to explain why a safe and popular drug cannot be removed from the market by force. Still, there is another important reason why marijuana is here to stay: it evolves at an incredibly rapid pace, becoming stronger and more profitable every day.

The vigorous growth and adaptability of the marijuana plant has long frustrated efforts by law-enforcement to thwart its production. Specific strains are easily cross-bred, producing offspring that emphasize certain qualities, thus growers in Oregon can develop a strain that grows well in Oregon's climate with minimal effort. Hybridization not only improves potency, but can also shorten flowering time and increase yield, thereby enabling growers to produce more in less time.

We're witnessing a situation in which the biological vigor of the plant itself has far outpaced law-enforcement efforts that were never effective to begin with. Indoor-grown strains can advance through 3-4 generations in a year's time, with the best specimens from each batch selected for cloning or crossbreeding. Each successive generation carries on the best traits of the former, which explains why growers can now accomplish in a basement what used to require an acre or more in the woods.

The great irony of all this is that drug warriors still think increased marijuana potency is an argument for their side. In reality, nothing could better illustrate the failure of their efforts to reduce the drug's production. Harsh marijuana laws have incentivized growers to produce a stronger product, which carries the same penalties by weight, while commanding higher prices on the street.

As the bitter debate over marijuana legalization rages on, the plants will grow ever faster, bigger, and stronger. Marijuana is one of nature's most remarkable creations, and it is unbelievable that so many people still haven't figured out that this plant is here to help us. From healthy foods to a promising cancer cure, we should be grateful that cannabis sativa grows and evolves as vigorously as it does.

With every forward step in marijuana's evolution, the war against this resilient plant becomes less and less effective.

Note: Thanks to court-qualified cannabis expert Chris Conrad for answering growing questions, and to pot-paparazzi Steve Bloom for turning me on to the government's awesome 2008 cultivation assessment, which got me thinking about this.