Legal Issues
Huntington Beach Police Return Marijuana to Medical Patient
By: skip
What’s interesting here is that the California Supreme court has refused to listen to this case, letting the Appeals court ruling, which ordered a return of the cannabis to the patient, stand. Now perhaps California law enforcement will start doing what it is paid to do – enforce California’s laws, not each officer’s personal morality!
Acting on court orders, Huntington Beach police returned 30 grams of pot taken from a medical marijuana patient last year.
An appellate court ruled in a Garden Grove case that seized medical marijuana must be returned to a patient, and three weeks ago the California Supreme Court declined to review the appeals court ruling.
That meant Huntington Beach resident David Alan Lucas could retrieve his high-grade purple urkel marijuana and a couple of smoking pipes. The 43-year-old man, who uses pot to relieve stress, says he’s surprised to get it back.
Police Capt. Chuck Thomas says the department is complying with the court order. California voters in 1996 approved the Compassionate Use Act allowing medical marijuana use.
Views: 5780
California Union Supports Prop 19, Cannabis Legalization
By: skip
SEIU, California’s biggest and most powerful employee union, has come out in favor of legalizing cannabis. Prop 19, the Regulate, Control and Tax Cannabis Act of 2010 will be voted on this November by California residents. Polls show a tight vote, but this endorsement could make a big difference if it changes the way people think about cannabis.
"At the very least, the support by the S.E.I.U., which claims over 700,000 members in the state, could make it easier for other groups to rally around the measure. More practically, it means access to the union’s considerable campaign apparatus, which could finance mailings, telephone calls and leaflets."
Views: 8314
Top British Police Chief Calls for Decriminalizing Cannabis!
By: skip
Once again, the British are reevaluating their stance on illegal drugs, including cannabis. Having reviewed the laws and effects of decriminalization in other countries like Portugal, where all personal use of drugs has been decriminalized, the British gov’t is ready to take a look at changing their own classification system for illegal drugs.
With a new government in power, and both parties in the coalition willing to reconsider the draconian approach the gov’t now has, wherein cannabis is still classified along other more dangerous drugs, the Brits are finally ready to admit failure in their drug war.
"Hollis, chairman of the Association of Chief Police Officers’ drugs committee, said he did not want to criminalise young people caught with minor amounts of substances such as cannabis. A criminal record that could ruin their career before it began was disproportionate, he said.
Hollis said budget cuts had forced police to "prioritise" resources towards tackling organised criminal networks rather than individuals carrying drugs for personal use. He also backed calls for the current drug classification system into class A, B and C to be re-examined following concerns that bracketing substances such as heroin and ecstasy in the same class is confusing."
Cannabis had been decriminalized under Tony Blair, but politics interfered and a campaign of FEAR was launched in the U.K. with article after article of propaganda against cannabis leading to the recriminalization that still stands.
Some leading British scientists are calling for the legalization of cannabis for recreational use as well as the end of enforcement of laws against the personal use of illegal drugs. They say it’s not only a waste of precious resources to arrest and imprison individuals for their drug use, while there are not enough resources to bring down the drug kingpins.
Let’s hope the Brits can follow the lead of California and other US states in legalizing cannabis for medical and recreational use.
Views: 58947
T-Mobile Censors Medical Cannabis Texts!
By: skip
Cellphone carrier, T-Mobile has been sued by a medical cannabis website for censoring texts their site was sending to those who requested information about dispensaries near them. It’s actually a cool service because with a cellphone you can easily find the nearest cannabis dispensaries. In several states medical cannabis is legal, and so such a service would also be legal.
It seems to be an issue of "net neutrality" and free speech wherein a communications carrier such as T-Mobile makes its own moral judgments on the content it carries, and censors that which doesn’t meet its own moral standards. There is nothing wrong with the content being transmitted as that in itself is legal. So the question remains how can such censorship be justified?
Meanwhile the website, Weed Maps, is losing business as a result of the censorship.
Read More here:
http://www.theregister.co.uk/2010/09/20/weed_t_mobile/
Views: 9668
San Diego Attempting to Overturn Prop. 215 Medical Marijuana Law
By: skip
San Diego, CA: Lawyers for the counties of San Diego and San Bernardino filed legal briefs this week urging the Fourth District Court of Appeals to overturn a 2006 ruling upholding the legality of California’s medical cannabis law.
The counties argue that they will "suffer harm if they are required to comply with [the state’s] medical marijuana laws."
For years, both counties have refused to issue identification cards for state qualified patients – arguing that doing so would be in violation of federal drug laws. Under California state law, county health departments are required to establish a voluntary registry and identification card program for authorized medical cannabis patients.
A previous San Diego Superior Court ruling had determined that the state’s ID card program was not in "positive conflict" with federal drug laws.
Oral arguments in the case are expected later this year.
The case is County of San Diego v San Diego NORML.
For more information, please contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500.
Views: 3087
NH set to decriminalize 1/4 ounces of Marijuana
By: skamikaze
By Norma Love Associated Press Writer / March 18, 2008
CONCORD, N.H.—New Hampshire residents could possess one-quarter ounce or less of marijuana without facing jail under a bill headed to the state Senate.
The House voted 193-141 Tuesday to decriminalize the small amount of the drug, making possessing it a violation subject to a $200 fine. Under current law, possessing that amount could mean spending a year in jail and paying a $2,000 fine.
Supporters’ victory was short-lived. Gov. John Lynch’s spokesman, Colin Manning, said the governor would veto the bill if it reaches him.
"This sends absolutely the wrong message to New Hampshire’s young people about the very real danger of drug use," said Manning.
The bill didn’t even appear likely to survive the Senate. "I don’t think he’s going to be seeing it," Senate Majority Leader Joseph Foster said of the governor.
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.
Opponents pointed out that the bill would not change stiffer penalties for transporting the same quarter ounce or selling it. They said that youths caught in a car would still face a misdemeanor and those selling it, a felony.
Whitefield Republican John Tholl, police chief in Dalton, said reducing the penalty in the selective circumstance to little more than a parking ticket could lead to trouble for youths confused by the law’s distinctions between possession, transporting and sale.
"The controlled drug statute is complex and involved," he said.
"For example, if someone has a quarter ounce in his possession and gives some to a buddy, he can be arrested and charged for sale and a felony," said Tholl. "If we send a message to young people that a quarter ounce is not big deal, they’re going to ignore the potential problems coming."
At least 12 states have decriminalized small amounts of marijuana for personal use, generally setting the limit at a single ounce or less and levying a fine for possession, according to the National Organization for the Reform of Marijuana Laws.
© Copyright 2008 Associated Press.
Views: 3707
Rep. Barney Frank and NORML Call for Federal Decriminalization of Marijuana
By: skip
Rep. Barney Frank will soon introduce legislation to decriminalize small amounts of marijuana, the Massachusetts Democrat said during an appearance on HBO’s "Real Time with Bill Maher."
Frank offered no details on his legislation, and it’s not at all clear that he could ever get it to the House floor for a vote. A Frank aide was unaware of his plans other than his statement on HBO.
Frank has introduced legislation in previous years to allow the use of "medical marijuana," although the bills never made it out of the House Energy and Commerce Committee.
Asked by Maher as to why he would push a pot decriminalization bill now, Frank said the American public has already decided that personal use of marijuana is not a problem.
"I now think it’s time for the politicians to catch up to the public," Frank said. "The notion that you lock people up for smoking marijuana is pretty silly. I’m going to call it the ‘Make Room for Serious Criminals’ bill."
Breaking News: NORML Teams Up with Rep. Barney Frank To Introduce Federal Decriminalization Legislation
Dear NORML Supporters:
NORML is pleased to announce that it has partnered with our longtime ally, Democratic Representative Barney Frank of Massachusetts, to introduce legislation in the House of Representatives that would strip the federal government of its authority to arrest responsible cannabis consumers. The bill, referred to by Frank as the ‘Make Room for Serious Criminals Act,’ is the first federal cannabis decriminalization bill introduced in Congress in 24 years.
"It’s time for the politicians to catch up with the public on this [issue]," Frank said Friday during an appearance on the nationally syndicated television program ‘Real Time with Bill Maher,’ in which he announced the imminent introduction of the measure.
As drafted, Frank’s proposal would eliminate all federal penalties prohibiting the personal use and possession of up to 100 grams (3 1/2 ounces) of marijuana. Under this measure (based on the recommendations of the 1972 National Commission on Marihuana and Drug Abuse, also known as the Shafer Commission), adults who consume cannabis would no longer face arrest, prison, or even the threat of a civil fine. In addition, this bill would eliminate all penalties prohibiting the not-for-profit transfers of up to one ounce of cannabis between adults. In short, for the first time since 1937, the possession, use, and non-profit transfer of marijuana by adults would be legal under federal law!
Marijuana decriminalization currently enjoys support from the majority of Americans. According to a recent CNN/Time Magazine poll, 76% of US citizens favor a cannabis policy that does not place responsible adult cannabis consumers at risk of arrest and prosecution. Nonetheless, nearly 830,000 Americans were arrested on marijuana charges this year, 89% of which were for personal possession.
Currently, twelve states, representing over a third of Americans – Alaska, California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio and Oregon, along with numerous major cities such as Seattle, Milwaukee, Madison, and Ann Arbor — have enacted various forms of marijuana decriminalization, replacing criminal sanctions with the imposition of fine-only penalties for minor pot violators. Similar proposals have passed this year in the House in New Hampshire and the Senate in Vermont, and Massachusetts will be voting on a similar initiative this November.
NORML is pleased to be leading the effort for sensible cannabis law reform at the federal level. With your support, we look forward to ending the obsolete and destructive practice of arresting responsible adult cannabis consumers.
Regards,
Allen St. Pierre
NORML
Executive Director
Views: 3434
NH-Bill To Decrease Pot Fines Is Stalled
By: skamikaze
New Hampshire — When the New Hampshire House of Representatives voted to decriminalize the possession of small amounts of marijuana, it was the first time the legislative body approved reducing the penalty for having pot.
But the bill is unlikely to become law. It appears to have little support in the Senate, and Governor John Lynch has said he’d veto the bill if it reaches his desk because it sends the wrong message to the state’s young people about the dangers of drugs.
"Our representatives in the House did the right thing for New Hampshire – and especially for New Hampshire’s young people," Matt Simon, executive director of the New Hampshire Coalition for Common Sense Marijuana Policy, said last week. "It’s time for the Senate to finish the work we’ve started here and bring some sanity to our marijuana sentencing policies."
The bill would make the possession of a quarter of an ounce or less of marijuana a civil violation that would carry a maximum $200 fine, instead of a criminal misdemeanor that may result in up to a year in jail and fines of up to $2,500.
Though the House Criminal Justice and Public Safety Committee recommended against passage of the law, the bill passed the full House, 193 to 141, on March 18.
In Massachusetts, two bills are before the Legislature that would decriminalize the possession of less than an ounce of marijuana, and another bill would allow the drug to be used for medical reasons.
Also, Representative Barney Frank said last week that he intends to file a bill in the US House to legalize "small amounts" of marijuana.
Nobody was more surprised when the New Hampshire House passed the bill than Jeffrey Fontas, the 21-year-old Democrat from Nashua who cosponsored the legislation.
"Many people told us that it wouldn’t pass, but it did. I think it was because of the way we framed the argument. Mistakes early in life, like a possession charge, can be devastating to the futures of our young people," he said, adding that a single drug arrest can lead to the loss of a college scholarship, the ability to serve in the military, and the chance to qualify for subsidized housing and food stamps.
Representative David Welch, a Republican from Kingston and a member of the House Criminal Justice and Public Safety Committee who voted in favor of the bill, said it’s a generational issue.
"I think if all the House members were under 30, it would be a slam dunk."
Welch, who is serving his eleventh term in the House, said he has never used drugs, "except aspirin," and feels there are a lot more dangerous products on the market: alcohol and cigarettes, for instance.
"I think alcohol abuse does a lot more damage. . . . Not only that, but we tax alcohol. It’s not as if it’s a large amount of marijuana we’re talking about here. It’s only enough to make seven or eight cigarettes," he said. "People – young people in particular – do stupid things, and I don’t think they should be penalized for life."
Fontas said he is not disheartened by a lack of support for the bill in the Senate.
"The so-called experts said the bill didn’t have a chance in the House, but many members voted for it after they heard what we had to say. Who knows what might happen in the Senate if we have another open discussion of the issue?"
Note: Little support from Senate, governor.
Source: Boston Globe (MA)
Author: Tom Long, Globe Correspondent
Published: March 27, 2008
Copyright: 2008 Globe Newspaper Company
Contact: letter@globe.com
Website: http://www.boston.com/globe/
Views: 3330
Dutch Smoking Ban – Pure Cannabis Joints OK!!!
By: skip
This is GREAT NEWS for cannabis users in Holland (and tourists of course!). Now maybe the Dutch will STOP mixing their marijuana with tobacco in their joints! It’s very unhealthy and addictive to smoke tobacco!
By Bruno Waterfield in Brussels
Cannabis will be exempt from a Dutch smoking ban that comes into force in two months.
Restrictions on smokers in cafes and restaurants will not apply as long as cannabis is consumed neat, without tobacco. The exemption follows fears that many of Amsterdam’s lucrative "coffee shops" would be forced to close if soft drug users had to smoke elsewhere.
Liberal Dutch policies, introduced in 1972, on the sale and use of cannabis have generated a trade valued at more than £3 billion a year.
Source: Telegraph
Views: 3257
Cannabis to Remain Class C Drug in UK!
By: skip
The Advisory Council on the Misuse of Drugs believes that cannabis should remain in the lowest category, Class C. All council members agreed that it there was no evidence that marijuana causes schizophrenia.
The council – the official body which advises the government on drugs policy – was asked by the government to review cannabis’s legal status amid concerns over stronger forms of it.
Its decision leaves the government in an awkward position, said BBC home affairs correspondent Danny Shaw. Gordon Brown is still gung ho about increasing penalties for cannabis possession.
If the government went ahead and reclassified cannabis to class B, ministers would be rejecting the findings of the council’s panel of 23 drug experts – which has never happened before on a decision about drug classification.
Source: http://news.bbc.co.uk/2/hi/uk_news/7327702.stm
Views: 3004