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Marijuana Policy

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Michigan's Top Court to Settle Dispute Over Marijuana Bust

The Michigan Supreme Court is considering whether marijuana found by a firefighter during an emergency call can be used to prosecute a man in the state's Oakland County. A judge and the state appeals court so far have thrown out evidence against Mark Slaughter.

Measures to Relax Marijuana Laws Gain New Backing in Connecticut

After more than 10 years of trying, 2011 could be the year that Connecticut adopts legislation allowing severely ill patients to smoke marijuana. Governor Dannel P. Malloy says he's inclined to sign that bill. Malloy also supports decriminalization legislation to reduce penalties for possession of small amounts of marijuana to the price of a motor vehicle infraction. Now, with a friendly face in the governor's office, all the legislative proponents of the two measures have to do is push the bills through a variety of committee debates and floor battles in the House and Senate, fend off opposition and get the bills approved before the midnight June 8 deadline.

Police Can Kick Down Doors in Drug Searches, Some Justices Say

Police officers who smell marijuana coming from an apartment can break down the door and burst in if they have reason to believe this evidence might be destroyed, several Supreme Court's justices suggested Wednesday. In the past, the high court has said police usually cannot enter a home or apartment without a search warrant because of the 4th Amendment's ban on "unreasonable searches and seizures."

Philadelphia: City Saving Time and Money with New Pot Procedure (Press Release)

FOR IMMEDIATE RELEASE: January 11, 2011

CONTACT: Chris Goldstein at 215-586-3483 or [email protected]

www.phillynorml.org

Philadelphia: City Saving Time and Money with New Pot Procedure

The Philadelphia District Attorney’s office is calling a new set of procedures for minor pot cases a success and plans to continue with the Small Amount of Marijuana (SAM) program.

Last year the Pennsylvania Supreme Court worked with the new DA, Seth Williams, to make a pragmatic change in how the justice system deals with marijuana possession of 30 grams or less. A new program was created that includes a diversion court appearance, an education class and fees of $200. The major difference is that there is no longer an instant criminal prosecution. The offender pleads to a non-drug related charge that is automatically expunged from their record.

PhillyNORML's Chris Goldstein spoke with Philadelphia Assistant District Attorney Joe McGettigan about the new marijuana policy. McGettigan said that the SAM program is working, "Look, certainly this was a much better option than sending all these people into the criminal court last year for misdemeanors," said McGettigan.

The DA’s office provided the following figures related to the SAM program:

June 2010 to September 2010

1636 marijuana possession cases less than 30g TOTAL

 339 bench warrants issued for failure to appear             

1297 marijuana possession cases less than 30g are heard

1025 enter the Small Amount of Marijuana diversion program ( 79% )

81 went to trial

187 statuses continued

4 cases withdrawn

The procedural shift has eased penalties and a particularly harsh process for offenders. For the last two decades anyone in Philadelphia who was caught with a single joint on up to 30 grams was held for bail then prosecuted in a criminal court. This involves a tremendous amount of the justice system’s resources and the expensive procedure was almost unique in the Commonwealth of Pennsylvania.

There are over 4,500 such cases in Philly every year (the largest concentration of pot arrests in PA) so minor marijuana offenses were literally clogging holding cells, bail officer, printing machines, court reporters, clerks, judges and courtrooms. The real world cost savings for the city this year by eliminating those expenses could tally into the millions.The shift also made a significant, tactile change; residents who consume marijuana and run afoul of prohibition laws have a less traumatic experience.

PhillyNORML's Chris Goldstein said, "This was a positive shift for the city. Still minor marijuana possession arrests are increasing and continue a disturbing trend of being extremely racially disparate."

An average of about 325 black men, 50 black women, 95 white men and 8 white women will be arrested every month this year in Philadelphia.

 Link to more information on arrests 

A Personal Plea from Sensible Colorado

FROM THE DESK OF SENSIBLE COLORADO

Dear Friends,

As we begin 2011, I wanted to ask you to join me in becoming a monthly donor to Sensible Colorado.  I, like many people across Colorado and the nation, have a monthly contribution deducted from my credit card-- even $5, $10, or $50 a month makes a huge impact.  This allows me to benefit from a tax deduction and, more importantly, to support one of the strongest and most effective advocacy groups in the country.

I often receive calls from media members and friends who are astounded by the progress Colorado has made in terms of marijuana and medical marijuana reform.  They are amazed that our state licensing board safely regulates over 1200 medical marijuana businesses, or the fact that over 2% of our state population (over 116K people!) now hold medical marijuana cards protecting them from criminal prosecution.

Let me assure you this amazing progress would not have been accomplished without the work of Sensible Colorado.  Since 2004, Sensible has served as the primary resource for the state's medical marijuana patients-- fighting in the courtroom, the state house, and the streets.  In that time, Sensible has achieved unparalleled success in fostering patent's rights and protecting safe access to medicine.  We've also run successful campaigns to rewrite local marijuana laws for adults in Breckenridge and beyond, and our work has been highlighted in virtually every mainstream media outlet in America, including last month in Time Magazine!  In addition to our medical marijuana advocacy, over the next two years we are gearing up for our biggest challenge yet-- putting a measure on the Colorado ballot to regulate and tax marijuana for adults over 21 statewide.  We've already begun putting a stellar team together to push-- AND WIN-- this fight and forever end the disastrous policy of marijuana prohibition.

Please lend a hand in this crucial fight by donating, forwarding this email, and volunteering today.

In solidarity,

Brian Vicente

Executive Director

Sensible Colorado

Top 10 Marijuana Victories in 2010

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Dear Friends:

I recently put together a list of the Top 10 Marijuana Victories in 2010.  I wanted to take a moment to share that list with you, because through the support of our members, MPP played a significant role in half of the items on the list and provided ancillary support for another four items.  This means that 90% of the major marijuana victories in 2010 were supported by MPP's members.  As you look over the list, please consider joining MPP and donating today so that a year from now we can reflect back on even larger successes!

Top 10 Marijuana Victories in 2010 (in no particular order)

1. NEW JERSEY LEGALIZES MEDICAL MARIJUANA

2010 started with a bang when New Jersey's outgoing Democratic governor signed a bill that made New Jersey the 14th state to legalize medical marijuana. (Unfortunately, the new Republican governor has conspired with his state health department to delay and subvert the new law from taking effect and -- now one year later -- patients still do not have legal access to medical marijuana.)

2. WASHINGTON, D.C. LEGALIZES MEDICAL MARIJUANA

Voters in our nation's capital passed a medical marijuana initiative with 69% of the vote in November 1998. After Congress blocked that law from taking effect 11 years in a row, Congress finally removed the federal ban in the fall of 2009, and in 2010 the D.C. City Council passed legislation to implement the local law. While the D.C. law is more restrictive than we'd like, five medical marijuana dispensaries will be opening up within a short cab ride of Capitol Hill by the middle of 2011.

3. ARIZONA LEGALIZES MEDICAL MARIJUANA

By a mere 50.13% to 49.87% margin, Arizona voters passed MPP's medical marijuana initiative in November, making Arizona the 15th state to legalize medical marijuana. As a result, approximately 125 dispensaries will open up around the state by mid-2011. This campaign was successful despite severely limited resources, with MPP spending only $0.10 for each Arizona resident.

4. CALIFORNIA INITIATIVE DEMONSTRATES RECORD SUPPORT FOR LEGALIZATION

While Prop. 19 failed at the polls on Election Day, this ballot initiative still represents significant progress for our movement. First, the initiative received the highest level of support (46.54%) of any of the eight legalization initiatives ever to be placed on a statewide ballot. Second, the initiative received support from mainstream political institutions, such as the California affiliates of the NAACP and SEIU, the Latino Voters League, the National Latino Officers Association, and the National Black Police Association. Third, the initiative generated gobs of in-state and national news coverage, making marijuana legalization a respectable topic of political debate. Fourth, the campaign inspired the local governments and voters of three cities to pass laws that will automatically tax marijuana sales once they are legal under state law.

5. MARIJUANA-FRIENDLY GOVERNORS ELECTED IN THREE STATES

For the first time in memory, three gubernatorial candidates who are well known to be supportive of decriminalizing marijuana and legalizing medical marijuana were elected on the same day -- Neil Abercrombie (D-HI), Dan Malloy (D-CT), and Peter Shumlin (D-VT). As a result, all three states are likely to pass favorable legislation in 2011.

6. THREE STATES REGULATE/EXPAND MEDICAL MARIJUANA LAWS

While state governments sometimes tweak their existing medical marijuana laws, Colorado's government did much more than that in 2010 when it passed a new law for issuing approximately 2,000 licenses to medical marijuana retailers, growers, and kitchens; as a result, medical marijuana businesses are now scattered around the state like pharmacies. Also, Maine's health department issued regulations to establish eight medical marijuana dispensaries, building on the MPP-authored ballot initiative that Mainers passed with nearly 59% of the vote in November 2009. And, to close out 2010, New Mexico's health department increased the number of dispensaries in the state to 25.

7. LOCAL INITIATIVE VICTORIES IN FOUR STATES

In Massachusetts, voters in nine legislative districts passed initiatives recommending that medical marijuana be legalized on the state level; in another nine legislative districts, Massachusetts voters recommended that marijuana be legalized entirely. In Wisconsin, voters in two local jurisdictions urged their state legislature to legalize medical marijuana. In California, voters in two cities blocked dispensaries from being banned. And in Colorado, voters in 8 cities and counties voted to allow dispensaries (this overt support is significant, even though voters in another 34 Colorado municipalities decided to ban dispensaries).

8. VETERANS AFFAIRS RECOGNIZES MEDICAL MARIJUANA

For the first time since 1978, a federal agency recognized marijuana's therapeutic value when the U.S. Department of Veterans Affairs issued a new policy in 2010, stating that veterans who use medical marijuana legally under state law would no longer be denied other prescription medications or treatments.

9. TWO GOOD COURT DECISIONS IN CALIFORNIA

In the "Anaheim" case, a California appellate court found that federal law doesn't prevent cities and counties from licensing medical marijuana dispensaries. And in a separate case, a California superior court blocked an L.A. City Council ordinance that would have wiped out most dispensaries in the second largest city in the U.S. (Neither case has reached its final conclusion yet, however.)

10. CALIFORNIA IMPROVES EXISTING DECRIMINALIZATION LAW

In 1975, California decriminalized marijuana, meaning that people who were apprehended with up to an ounce of marijuana could not face jail time. In 2010, the California government improved this law by changing marijuana possession from a criminal misdemeanor to a civil infraction, meaning that -- in addition to not facing jail time -- small-time marijuana offenders will no longer have to appear before a judge, pay court costs or hire a lawyer, or get stuck with a criminal record.

Thank you for helping to make 2010 such a phenomenal success.  We hope you can all join us in making 2011 another year of which we can be proud.

Sincerely,

Rob Kampia signature (master)

Rob Kampia thumbnail (master)Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

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Drug Trade Among Whites More Open in NYC?

While police crack down on drug deals in mostly minority neighborhoods, the drug trade among whites in New York City operates with relative impunity, statistics show. In 2009, only 10 percent of the 46,000 people arrested on marijuana-related charges by the New York City Police Department were white, according to a 2010 study — though whites are often among its heaviest drug users.

Missoula Jury Pool Creates Uproar Across Nation After Marijuana 'Mutiny'

A jury pool's action — and the reaction to it — has serious ramifications for continued prosecution of low-level nonviolent drug crimes, not just in Missoula County but around the country. The story "hit a nerve" around the country, said Ethan Nadelmann, executive director of the national Drug Policy Alliance that advocates drug law reform. "It shows the emperor-has-no-clothes dimension to what happened. It's an expression of what many people feel — that marijuana possession should no longer be illegal," he said.