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Medical Marijuana

Home State Blues, or What's an Itinerant Activist To Do?

Your itinerant Drug War Chronicle has been bouncing around North America for the last few years, spending significant amounts of time in Washington state, British Columbia, Mexico, Northern California, and my home state, South Dakota. The traveling is nice, but I’ve felt politically homeless, as if my presence anywhere were too fleeting for me to be able to do local or state-level politics, and that’s a frustration. So, as much as I would rather be elsewhere, I’m thinking I need to hunker down here in Dakotaland and try to get something done. It is not friendly territory. South Dakota is the only state where voters rejected an initiative to allow the medicinal use of marijuana. Although it was a close vote, 52% to 48%, it was still a loss. Medical marijuana bills (introduced by an acquaintance of mine) early in the decade went nowhere. The state has one of the fastest growing prison populations right now, thanks largely to its approach to methamphetamine use. Marijuana possession is routinely punished by $500 fines, and there is a good chance of jail time, too. (In fact, you may be better off being convicted of drunk driving, if my local court records are any indication.) And, most hideously of all, South Dakota is the only state I know of that has an “internal possession” law. That means when the police arrest you with a joint, they make you submit to a urine test, then charge you with an additional offense if you test positive. South Dakota judges also routinely sign drug search warrants that include forced drug tests. I know one gentleman currently serving a five-year prison sentence for “internal possession” of methamphetamine metabolites, and no, it wasn’t a plea bargain. That was the only charge they had. South Dakota’s drug reform community (which can probably be counted on the fingers of one hand) seems beaten down, but I think I’m going to reach out and see if I can’t get anyone interested in a four-pronged drug reform legislative package: Hemp. Our neighbors in North Dakota have passed a bill allowing farmers to grow hemp and are currently suing the DEA to force it out of the way. South Dakota farmers would like to make profits, too. Medical marijuana. Yeah, we lost a close one last year, and it’s never been able to get any traction in the legislature. But I think we should make them deal with it again. Our neighbors in Montana seem to be surviving medical marijuana. Marijuana decriminalization. Does South Dakota really think pot possession is more serious than drunk driving? Does the legislature understand the lifelong impact of pot conviction on its constituents? Our neighbors in Nebraska decriminalized pot back in the 1970s, and the cornfields are still standing. Repeal of the internal possession laws. Criminalizing someone for the content of his blood or urine is just wrong. Winning any of these will be an uphill battle, and perhaps even linking hemp to broader drug reform issues would spell its doom here. But I think it’s every good activist’s responsibility to do what he can to slow down the drug war juggernaut, so I’m going to give it a shot. What are you doing in your state?

Marijuana Policy Reformers Don't "Hide Behind AIDS and Cancer Patients"

In an otherwise great piece putting ONDCP's pot potency panic in perspective, Clara Jeffery at Mother Jones throws a brick at drug policy reformers:
As in so many things these days, one wishes for something approximating independent analysis. I don't trust the government's research on drugs; its hyperbole and scare tactics on pot in particular seemed design to defend status quos (border and prison policies) that worsen, not solve, larger societal problems at hand. Nor do I trust NORML et al, even, and perhaps especially, when, having gotten nowhere on legalization per se, they reframe the issue as a balm for the sick and dying. Allowing medical marijuana is a no-brainer in my book, but I just think it's a little unseemly when perfectly healthy pot-positive types hide behind AIDS and cancer patients.

Jeffery questions the credibility of the federal drug war establishment, then borrows their favorite talking point and slaps us with it.

Yet, the idea that marijuana policy reformers have somehow exploited patients is incoherent on its face. We have defended patients because their persecution is one of the most tragic consequences of the great war we oppose. That our efforts on behalf of patients have been particularly successful is a product of political realities, not an indictment of our strategy. We don't get to choose which of our issues gain traction.

This fight was brought to our doorstep in the form of sick people and their caretakers getting arrested. Our disgust over the persecution of medical marijuana patients is very real and our willingness to fight and win major victories on their behalf has been amply demonstrated. These patients are our friends and family, literally.

Nor are we hiding in any sense of the word. Really, what could be more obviously wrong than the suggestion that marijuana reformers are somehow concealing our agenda? It is plastered atop our websites, it is spelled out in our press releases and on our t-shirts, and it is the first thing we'll explain to anyone willing to listen.

Clara Jeffery, why is it ok for you to call medical marijuana a "no-brainer," and not us? We spoke of compassion, and we then built compassionate policies out of thin air and against massive opposition. No, we don't hide behind AIDS and cancer patients. We march with them.

Update: Paul Armentano at NORML tells me that Mother Jones turned down a remarkably similar story he submitted a month ago, only to then publish this version. This illustrates two important things:

1. While Mother Jones purports not to trust NORML, they like Paul Armentano's story ideas and echo his analysis.

2. Having received multiple submissions from Paul, Mother Jones almost certainly knows that he does not "hide behind AIDS and cancer patients," because they've seen him writing about other topics, including this one.

Ultimately, the attack against NORML is just completely without merit or provocation. Clara Jeffery owes an explanation.

ONDCP Still Fuming About New Mexico's Medical Marijuana Law

The following post from ONDCP's blog illustrates how trivial their objections really are:
Bad things happen when drug-legalization groups send mixed messages about marijuana to the American public. Check out this story out of New Mexico:
"It was all a misunderstanding. Really.

"Dude, I totally thought weed was legalized in New Mexico," police say a man with 67 marijuana plants in the trunk of his car told them.

"Well, it's not," the police officer replied.

A man was busted at the Border Patrol checkpoint on U.S. Highway 70 June 12, allegedly while transporting a large number of marijuana plants in his car.

He told police he thought weed had been legalized in this state." [Alamogordo Daily News]
This might be ONDCP's version of a "funny" post. And it is kinda funny in a sad way, although the officers' version of what the man actually said sounds a bit too perfect to me (note also that he didn't actually get in much trouble because the plants were unimpressive).

Regardless, nothing could be more disingenuous than ONDCP's feigned dismay over this incident. Believe me, they love it when stupid people get arrested for pot and they pray for anything to happen that could be construed as a negative consequence of protecting patient access.

If hapless growers get the wrong idea, it's because every attempt to pass a medical marijuana law is turned into a confusing, high-profile controversy by ONDCP. It is those opposing medical marijuana laws who obscure their meaning and feverishly equate them with broader legalization. If the drug czar's office shut up about it, programs like New Mexico's could be established around the country with less and less fanfare each time.

Breaking: Rhode Island Medical Marijuana Law Now Permanent

I've just been informed that the Rhode Island House has passed medical marijuana again, this time making the law permanent.

RI Gov. Donald Carcieri has twice vetoed this bill, and now looks doubly foolish. Not only has he attempted to stand between deserving patients and their medicine, but he has failed dramatically and repeatedly.

This great victory is testament to the wisdom and compassion of the Rhode Island House and Senate, as well as the hard work of countless patients, activists, and organizations who fought and won this unnecessarily drawn-out battle.

The political future of medical marijuana remains bright as ever before.

Update: Jon Perri at DARE Generation Diary credits the major players.

Montel Williams Calls on Connecticut's Governor to Sign Medical Marijuana Bill

Montel Williams, who suffers with multiple sclerosis, continues to crusade for medical marijuana, this time with a letter to Connecticut's governor, Jodi Rell (R), published on Alternet. Writes Montel:
Medical marijuana has allowed me to live a productive, fruitful life despite having multiple sclerosis. Many thousands of others all over this country -- less well-known than me but whose stories are just as real -- have experienced the same thing.
Now it's up to Gov. Rell to show if she is a reasonable, compassionate leader, or a heartless political hack. Montel at a 2005 press conference with Rep. Maurice Hinchey

New York Medical Marijuana Bill Wins Assembly Vote

The late-breaking news today is that the New York Assembly has passed a medical marijuana bill -- 92-52, according to an email from MPP. Richard Gottfried (D), who has been supporting the issue for years, was the sponsor. Last I checked on Google News, the vote had not made any of the news stories, but I'm sure that will happen anytime now. One encouraging report I gleaned from the articles is that Gov. Spitzer, who opposed medical marijuana during the campaign, says he's rethought the issue. Next stop, the State Senate, probably next week...

Rhode Island Medical Marijuana Bill Vetoed, Override Anticipated

Last week we reported in Drug War Chronicle that Rhode Island's medical marijuana bill, to make the law passed last year a permanent one, had passed both houses of the legislature. As anticipated, Gov. Carcieri (to be referred to henceforth as "The Blue Meanie") vetoed the bill. He vetoed the last one, and the legislature overrode the veto and made the bill law anyway, and it's expected that that will happen again this time. But the status at the moment of this writing is that it's vetoed. Here's a Google news link to coverage of the bill. Also, a shout out to whoever sent our story around on StumbleUpon: thank you, it got us tons of hits.

Rudy Giuliani Doesn't Care About Sick People

Via Reason, Don Murphy of Republicans for Compassionate Access asked Rudy Giuliani about medical marijuana:
MURPHY: You talked about abortion rights and how you trust people to make their own choices. Do you support the choice of cancer patients to use medical marijuana?
RUDY: No, I don't think a cancer patient should use marijuana. There are other options.

Other options, he says. Well that's no surprise coming from a hired consultant for Perdue Pharma, manufacturer of Oxycontin. Rudy even helped Perdue fend off the DEA when Oxycontin became linked to widespread abuse.

To be fair, OxyContin can be a very effective option for many patients and there isn't necessarily anthing wrong with Rudy sticking up for Perdue in this context. Unfortunately, he fails to recognize that medical marijuana should be defended for all of the same reasons. Lots of sick people say it helps, and that's really all that matters.

If widespread abuse and even death associated with OxyContin don't bother Rudy, what's his beef with medical marijuana? The problem might be that Rudy Giuliani is a horrible person.

A New Activist's Tactic Emerges in the Rosenthal Trial

One of the feature stories I'm working on this week is the Ed Rosenthal re-trial on federal marijuana production and distribution charges, which ended yesterday with a split verdict. The trial was a complete waste of time since even if Rosenthal was found guilty, he could not be sentenced to anything more than the one day he had already served, but federal prosecutors were vindictively determined to get their man. Rosenthal's supporters were equally determined not to help the government, and that's where the new tactic emerged: A dozen people in the medical marijuana movement who had been subpoenaed to testify against Rosenthal simply refused. A civil contempt citation is the usual response to such refusals, but as the judge in the case noted, the contempt citation is designed to impel people to testify, not to punish the. When the judge asked if throwing them in jail for the weekend would change their minds, they all said no. Since they convinced the judge they were rock solid in their positions, he decided not to issue the citations and instead dismissed them. He also thanked them for the dignity they displayed in articulating their positions. We should all thank them for taking this courageous stand. Who knows? Maybe we can start a movement. Look for a feature story on the trial and the witness rebellion tomorrow.
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