Marijuana Policy

The northeast has historically been a hotbed for marijuana use — with five of the six New England states self-reporting some of the highest percentages of marijuana consumption in the nation. But recently New England has also become a regional leader in marijuana law reform. Lawmakers in every New England state are now debating marijuana law reform legislation. Paul Armentano of NORML offers a closer look at what is happening.

A Texas House Committee heard testimony on a proposed bill that seeks to decriminalize possession of small amounts of marijuana. House Bill 548 would lower the penalties for possession to the level of a traffic ticket. Another bill under consideration is HB 1491, which deals with medical marijuana. The bill is designed to protect doctors who recommend medical marijuana as a possible treatment to their patients and gives both parties an affirmative defense in court should law enforcement get involved.

A group called Legalize Louisiana is leading statewide marches seeking to change Louisiana laws and legalize marijuana.

Immediately after the Seattle Times ran an editorial last week supporting a bill to tax and regulate marijuana, the newspaper got a phone call from Washington, D.C. The White House Office of National Drug Control Policy director Gil Kerlikowske wanted to fly to Seattle to speak personally with the paper's full editorial board. The meeting is apparently an attempt by the federal government to pressure the state's largest newspaper to oppose marijuana legalization. Or at least turn down the volume on its new-found bullhorn to legalize it.

A bill to legalize marijuana was quietly introduced last week. Sponsored by Amherst Democrat Ellen Story, the bill could reap thousands of dollars for the state in tax revenue. "Reps come up to me and say thank you so much for doing this Ellen. I support you, but I can't be public about it. Legislators are afraid of being seen as soft on drugs," Story says.

U.S. Rep. Barney Frank spoke at Maine’s first Medical Marijuana Expo and said that the current laws against marijuana use should be revoked. "People who make a personal decision to smoke marijuana should not be subject to prosecution," said Frank. "This is the kind of fight that's worth making. It's winnable. Most American people think it’s sensible, and are for it," said Frank to the standing-room only crowd as he received the first-ever Patients’ Choice Award — a glass trophy in the shape of a marijuana leaf.

In typical political fashion, Gov. Mitch Daniels admits to using marijuana while at Princeton, makes no mention of any downside except his conviction, and says he learned his "lesson."

Not to be outdone by legislators in Colorado, Washington state officials are considering setting a legal limit for the amount of THC in a driver's blood. Nevada and Ohio have two-nanogram limits for THC. Pennsylvania has a five-nanogram "guideline," but not a limit. Twelve states have a zero-tolerance policy for driving under the influence of any illicit drug, including marijuana. A group of 11 international scientists published a comprehensive study on the effects of THC on driving ability. They concluded that drivers do not pose a crash risk until they reach between 10-20 nanograms of THC per milliliter. They also determined that 18-20 nanograms is the equivalent of a blood-alcohol content (BAC) of .08, the current legal limit in most U.S. states.

Matt Rifkin, on behalf of Jeanne Ohta, Executive Director of the Drug Policy Forum of Hawaii, asks the public to submit testimony supporting the decriminalizing the possession of one ounce or less of marijuana by making the offense a civil fine instead of a petty misdemeanor.

Indiana's Senate approved a study on the state’s policies regarding marijuana, including costs in the state’s criminal justice system and the potential for regulation and taxation options. Under Senate Bill 192, authored by State Senator Karen Tallian, D-Ogden Dunes, the legislative review would be conducted by the Criminal Law and Sentencing Policy Study Committee later this year. The committee would make findings and recommendations on the current criminal penalties related to marijuana and the cost to the state, as well as potential plans for medical marijuana, decriminalization for small amounts, and controlling marijuana like alcohol with regulated sales and taxation.