NORML Blog

Governor John Hickenlooper has signed legislation, Senate Bill 241, into law creating a new program within the Department of Agriculture to oversee the regulation of commercial hemp production. Hemp is a distinct variety of the plant species cannabis sativa that contains only minute (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana.

Senate Bill 241 classifies cannabis possessing no more than three-tenths of one percent THC as an agricultural commodity and establishes a 9-member committee within the state Department of Agriculture to oversee the creation of regulations governing the licensed cultivation of hemp for commercial and research purposes. The Department must adopt regulations for the new program no later than March 1, 2014.

Unlike similar laws enacted in other states, SB 241 does not mandate farmers seeking state-issued hemp cultivation licenses to also seek federal approval. The federal Controlled Substances Act makes no legal distinction between marijuana and industrial hemp.

Federal legislation, the Industrial Hemp Farming Act of 2013, to amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana is currently pending in the US Senate and House of Representatives and has been sponsored by prominent politicians such as Senators Rand Paul and Mitch McConnell. You can click here to write your federal officials in support of this legislation. Recent efforts to attach this legislation as an amendment to the US Senate Farm bill were unsuccessful.

The United States is the only developed nation that fails to cultivate industrial hemp as an economic crop, according to the Congressional Resource Service.

Republican Gov. Brian Sandoval has signed legislation, Senate Bill 374, authorizing the creation of up to 66 not-for-profit [correction: facilities may be for profit] medical marijuana dispensaries.

Under the new law, state regulators are tasked with overseeing the creation of licensed establishments to produce, test, and dispense cannabis and cannabis-infused products to authorized patients. Nevada voters enacted a state constitutional amendment in 2000 mandating state lawmakers to allow for physicians to authorize qualified patients to consume and grow cannabis. However, that law did not provide for facilities where patients may obtain medicinal cannabis.

Approximately 3,800 Nevadans are presently authorized to grow and/or consume cannabis under state law.

Senate Bill 374 imposes limits on the home cultivation of cannabis if patients reside within 25-miles of an operating dispensary. However, patients who are cultivating specific strains of cannabis not provided by a local dispensary may continue to engage in the home cultivation of such strains. Patients who have an established history of cultivating medical cannabis prior to July 1, 2013, also may continue to do so until March 31, 2016.

The bill also amends possession limits from one-ounce to two and one-half ounces and increases plant cultivation limits from three mature plants to twelve.

Medical marijuana products dispensed by state-licensed facilities will be subject to standard state sales taxes as well as a 4 percent excise tax, of which 75 percent will be directed to education and 25 percent will be directed toward implementing and enforcing the regulations.

Arizona, Colorado, New Jersey, Maine, and New Mexico have state-licensed medical cannabis dispensaries up and running. Similar dispensary outlets are in the process of opening in Connecticut, Massachusetts, Rhode Island, Vermont, and Washington, DC.

Oklahoma Gov. Mary Fallin has signed legislation, House Bill 1441, into law that criminalizes drivers from operating a motor vehicle if they have any detectable amount of THC and/or its inactive metabolites in their blood, saliva, or urine. Under such internal possession statutes, known as zero tolerance per se laws, a motorist who tests positive for the presence of such compounds is guilty per se (in fact) of a criminal traffic safety violation, regardless of whether or not there exist supporting evidence that the defendant was behaviorally impaired by such compounds.

Residual, low levels of THC may remain present in the blood of occasional consumers for several hours after past use and for several days in habitual consumers — long after any behavior-inducing effects of the substance have worn off. The inert carboxy-THC metabolite, a commonly screened for byproduct of THC, possesses a longer half-life in blood and also may be present in the urine of daily cannabis consumers for several weeks, or even months, after past use.

Oklahoma will become the 11th state to impose such a strict liability per se standard once the law takes effect on October 1, 2013. It is the third state this year to amend its traffic safety laws to include either per se thresholds or presumptive limits for cannabinoids.

Ten additional states – Arizona, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Rhode Island, Utah, and Wisconsin – already impose zero tolerance per se thresholds for the presence of cannabinoids and/or their metabolites.

Five states impose non-zero-tolerant per se thresholds for cannabinoids in blood: Montana (5ng/ml — the new law, HB 168, signed in April, takes effect on October 1, 2013), Pennsylvania (1ng/ml), Ohio (2ng/ml), Nevada (2ng/ml) and Washington (5ng/ml).

Last month, Colorado lawmakers also approved legislation, effective as of July 1, 2013, stating that the presence of THC/blood levels above 5ng/ml “gives rise to permissible inference that the defendant was under the influence.”

However, according to the United States National Highway Transportation and Safety Administration (NHTSA): “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects. … It is inadvisable to try and predict effects based on blood THC concentrations alone.”

In addition, a 2013 academic review of per se drugged driving laws and their impact on road safety found “no evidence that per se drugged driving laws reduce traffic fatalities.”

NORML argues that it is inadvisable to infer behavioral impairment based on the presence of cannabinoid levels alone — a position that we outline here, here, and in public testimony here.

Preclinical study data published online in the scientific journal Nutrition & Diabetes reports that tetrahydrocannabivarin (THCV) — a naturally occurring analogue of THC — possesses positive metabolic effects in animal models of obesity.

British researchers assessed the effects of THCV administration on dietary-induced and genetically modified obese mice. Authors reported that although THCV administration did not significantly affect food intake or body weight gain in any of the models, it did produce several metabolically beneficial effects, including reduced glucose intolerance, improved glucose tolerance, improved liver triglyceride levels, and increased insulin sensitivity.

Researchers concluded: “Based on these data, it can be suggested that THCV may be useful for the treatment of the metabolic syndrome and/or type 2 diabetes (adult onset diabetes), either alone or in combination with existing treatments. Given the reported benefits of another non-THC cannabinoid, CBD in type 1 diabetes, a CBD/THCV combination may be beneficial for different types of diabetes mellitus.”

Last month, Harvard Medical School researchers published observational data in The American Journal of Medicine reporting that subjects who regularly consume cannabis possess favorable indices related to diabetic control as compared to occasional consumers or non-users of the substance. Writing in an accompanying commentary, the journal’s Editor-in-Chief stated: “These are indeed remarkable observations that are supported, as the authors note, by basic science experiments that came to similar conclusions. … I would like to call on the NIH and the DEA to collaborate in developing policies to implement solid scientific investigations that would lead to information assisting physicians in the proper use and prescription of THC in its synthetic or herbal form.”

Observational trial data published in 2012 in the British Medical Journal previously reported that adults with a history of marijuana use had a lower prevalence of type 2 diabetes and possess a lower risk of contracting the disease than did those with no history of cannabis consumption, even after researchers adjusted for social variables such as subjects’ ethnicity and levels of physical activity.

Previously published preclinical data also indicates that the administration of cannabidiol (CBD) halts the development of type 1 (juvenile) diabetes in mice genetically predisposed to the condition.

Full text of the study, “The cannabinoid ?9-tetrahydrocannabivarin (THCV) ameliorates insulin sensitivity in two mouse models of obesity,” is available online here.

On Friday, marijuana reformers recorded the closest vote for a legalization measure on the floor of a state legislature in recent history.

Rep. Diane Russell’s LD 1229, which would place the question of legalization before Maine voters this fall, was narrowly rejected in a 71 to 67 vote. We only managed to get this vote so close because of the outpouring of support via phone and email that Representatives heard from their constituents. Never doubt the power that making you opinion known to your elected officials has a very quantifiable effect.

The good news is that the fight for legalization in Maine still isn’t over for this year. Representative Russell just informed us that she intends to continue the fight for legalization to the floor of the State Senate. The Senate will vote on LD 1229 as soon as Monday.

[UPDATE: Unfortunately, Monday's Senate vote fell short: http://bangordailynews.com/2013/06/10/politics/state-house/maine-senate-opposes-sending-recreational-marijuana-question-to-voters/. The Senate defeat ends the legislative effort for this year.]

Democrat Gov. John Kitzhaber on Thursday signed legislation, Senate Bill 281, into law to allow patients with post-traumatic stress to be eligible to engage in the therapeutic use of cannabis.

The new Oregon law expands the state’s existing medical marijuana program, initially enacted by voters in 1998, to include post-traumatic stress as a state-qualified illness for which marijuana may be recommended.

To date, only three states – Connecticut, Delaware, and New Mexico – specifically allow for the use of cannabis to treat symptoms of post-traumatic stress.

Clinical trial data published in the May issue of the journal Molecular Psychiatry theorized that cannabinoid-based therapies would likely comprise the “next generation of evidence-based treatments for PTSD (post-traumatic stress disorder).”

Post-traumatic stress syndrome is an anxiety disorder that is estimated to impact some eight million Americans annually. To date, there are no pharmaceutical treatments specifically designed or approved to target symptoms of PTSD.

Democrat Gov. (and NORML PAC recipient) Peter Shumlin today signed legislation into law eliminating criminal penalties for adults who possess personal use amounts of cannabis and/or hashish.

“This change just makes common sense,” said Shumlin. “Our limited resources should be focused on reducing abuse and addiction of opiates like heroin and meth rather than cracking down on people for having very small amounts of marijuana.”

The new law amends penalties for the possession of up to one ounce of marijuana and/or marijuana paraphernalia by a person 21 years of age or older from a criminal misdemeanor (punishable by up to six-months in jail and a $500 fine) to a civil fine only — no arrest, no jail time, and no criminal record. The law also decriminalizes possession of less than 5 grams of hashish.

Vermont’s proposed law is similar to existing ‘decriminalization’ laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, and Rhode Island, where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.

Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense.

Three states — Alaska, Colorado, and Washington — impose no criminal or civil penalty for the private possession of small amounts of marijuana. (The laws in Colorado and Washington were enacted via voter initiative while Alaska’s legal protections were imposed by the state Supreme Court.)

Vermont’s new law takes effect on July 1, 2013.

Recent preclinical studies published over the past several weeks provide further evidence that cannabinoids are both neuroprotective and cardioprotective.

A May 30th blog post on the website Science20.com sums up new findings from Israel regarding the ability of low doses of THC to prevent brain damage in animals.

Prof. Yosef Sarne in the Department of Physiology and Pharmacology at Tel Aviv University says that [cannabis] … has neuroprotective qualities. He has found that extremely low doses of THC — the psychoactive component of marijuana — protects the brain from long-term cognitive damage in the wake of injury from hypoxia (lack of oxygen), seizures, or toxic drugs.

Previous studies focused on injecting high doses of THC within a very short time frame – approximately 30 minutes – before or after injury. Sarne’s papers in Behavioural Brain Research and Experimental Brain Research say that even extremely low doses of THC – around 1,000 to 10,000 times less than that in a conventional marijuana cigarette – administered over a wide window of 1 to 7 days before or 1 to 3 days after injury can jump-start biochemical processes which protect brain cells and preserve cognitive function over time.

… In the lab, the researchers injected mice with a single low dose of THC either before or after exposing them to brain trauma. A control group of mice sustained brain injury but did not receive the THC treatment. When the mice were examined 3 to 7 weeks after initial injury, recipients of the THC treatment performed better in behavioral tests measuring learning and memory. Additionally, biochemical studies showed heightened amounts of neuroprotective chemicals in the treatment group compared to the control group.

… This treatment, especially in light of the long time frame for administration and the low dosage, could be applicable to many cases of brain injury and be safer over time, Sarne says.

NORML has previously reported on separate preclinical data documenting that cannabinoids can promote neurogenesis (the active production of new neurons) in laboratory animals as well observational data indicating that marijuana may provide neuroprotection against alcohol-induced impairment in adolescent subjects.

In addition, recently published preclinical studies also indicate that cannabinoids may offer benefits to the heart. Animal data published in the June issue of the scientific journal Biochemical Pharmacology reports that THC administration “is a safe and effective treatment that reduces myocardial ischemic (heart attack) damage.” Authors concluded: “[O]ur study provides novel evidence for the beneficial use of extremely low doses of THC, doses that do not elicit any psychoactive side effects, in order to protect the heart from ischemic insults. THC can be used as a pre-conditioning drug in cases in which ischemic insult to the heart is anticipated, such as during cardiac surgery or percutaneous coronary intervention. If post-conditioning with THC will be found effective, it could also be used following myocardial infarction.”

The results of a separate preclinical trial, published in May in the journal Environmental Toxicology and Pharmacology, report that the administration of the non-psychotropic cannabinoid cannabidiol (CBD) is protective against cardiotoxicity in rats. “[C]annabidiol ameliorated doxorubicin-induced cardiac injury,” the study concluded. “These results indicate that cannabidiol represents a potential protective agent.”

In February of this year, investigators at the Bar-Ilan University in Israel also reported that the administration of delta-9-THC protects heart muscle cells from injury during hypoxia (a deficiency in the levels of oxygen in the blood). THC “delaying the onset of irreversible cell injury … on hypoxia-exposed cardiac cells in culture,” authors found. They concluded, “This research demonstrates that THC has beneficial effects on cardiac cells and supports the consideration of marijuana for specific medical uses.”

On May 18th, The Panic Hour and PhillyNORML held “Smoke Down Prohibition V” in a free speech zone near the Liberty Bell in Philadelphia, PA. As the name suggests, this was the fifth such event they had organized. The previous four were well attended, with hundreds of legalization advocates attending and peacefully demonstrating against our country’s failed policy of marijuana prohibition. You can view video of the largest event, held on April 20th of this year, by clicking here.

The previous rallies went off without a hitch. Protestors were peaceful and respectful while law enforcement kept their distance and allowed them to voice their constitutionally guaranteed rights (as evidenced in this video, where National Park Police refuse to interfere with the event). This time, things were different. It was immediately clear from the outset that the police were taking a different approach to Smoke Down Prohibition V, from the very beginning the police presence was massive, with a couple dozen officers standing by and a newly erected fence in place to keep the attendees contained.

Smoke Down Prohibition V continued as planned, despite the inclement weather and ominous group of National Park Service Officers and Philadelphia Police keeping watch. Speakers addressed the crowd of about 100 through the rain and things seemed to be going smoothly. However, as The Panic Hour’s N.a. Poe began the countdown to 4:20, a time at which the crowd traditionally engages in a moment of “cannabis reflection,” the police made their move. Rushing past a crowd of people openly smoking cannabis, they stormed the stage and began the process of violently detaining several marijuana activists, including N.a. Poe, radio host Adam Kokesh, and New Jersey Libertarian candidate for Senate, Don DeZarn. The travesty that followed can be best understood by watching cell phone video captured from the scene below:

(Poe’s arrest starts around 1:50 mark, he is in the hat and yellow shirt being violently pinned to the ground by law enforcement.)

When the dust settled, several were detained and released. N.a. Poe and Adam Kokesh were taken into federal custody. For six days they were held in solitary confinement at a nearby federal detention center, with Poe being denied even a single phone call. The confinement was supposed to provide him with one hour out of solitary for every 23 hours he was in, but this often did not occur, with Poe spending over 36 hours straight in his cell at points. During these six days, he was also denied recreation, access to lawyers, and medical treatment.

Photo Credit: Vanessa Maria, The Panic Hour

When they were brought up for a hearing on their charges, Poe was charged with felony assault on a federal officer and resisting arrest though Kokesh ultimately had his charges dropped to citations. Unfortunately, Poe still must appear in court under these trumped up allegations, which it seems rather clear to any who watched the countless videos, filmed at multiple angles, never happened.

Despite law enforcement’s best efforts to silence him, Poe remains undaunted in his fight against our nation’s absurd marijuana policy. “The suppression of freedom of speech and targeting of activists expressing their views at the birthplace of liberty is a travesty that casts a bright light on the failure of marijuana prohibition at a federal level,” he stated.

N.a Poe and The Panic Hour have long been supporters and friends of NORML and the marijuana legalization movement and the seemingly purposeful targeting of him and several other marijuana activists is an appalling example of the lengths law enforcement will go to, not just to criminalize marijuana smokers, but to silence our ability to utilize our First Amendment rights speak out against this prohibition. NORML will keep you updated as his case moves forward, you can click here to learn more how you can help by supporting N.a. Poe’s legal defense fund.

Not ones to be intimidated, The Panic Hour and PhillyNORML will be hosting Smoke Down Prohibition VI on June 30th, featuring a pro-legalization march with the Cannabus and live comments from N.a. Poe (who will have to be video streamed in as the conditions of his release require him to stay off of federal park property). Stay tuned to The Panic Hour and PhillyNORML‘s facebook pages for more info very soon.

It is possible that, for the first time ever, the United States Senate will vote to approve industrial hemp cultivation in the coming days. Please take a moment of your time to encourage your Senator to support this measure. You can easily do so by clicking here.

Senator Ron Wyden has introduced an amendment to Senate Bill 954, the Senate version of this year’s federal farm bill, that requires the federal government to respect state laws allowing the cultivation of industrial hemp. Hemp is a distinct variety of the plant species cannabis sativa that contains only trace (less than one percent) amounts of tetrahydrocannabinol (THC), the primary psychoactive compound in cannabis.

The amendment language mimics the “Industrial Hemp Farming Act of 2013,” which remains pending as stand-alone legislation in both the House and Senate but has yet to receive a legislative hearing. Senator Wyden’s provision to the Senate’s Farm Bill amends the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The measure grants state legislatures the authority to license and regulate the commercial production of hemp as an industrial and agricultural commodity.

“For me, what’s important is that people see, particularly in our state, there’s someone buying it at Costco in Oregon,” Senator Wyden previously stated in support of this Act, “I adopted what I think is a modest position, which is if you can buy it at a store in Oregon, our farmers ought to be able to make some money growing it.”

Eight states – Colorado, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia – have enacted statutory changes defining industrial hemp as distinct agricultural product and allowing for its regulated commercial production. Passage of this amendment would remove existing federal barriers and allow these states and others the authority to do so without running afoul of federal anti-drug laws.

Senator Wyden’s amendment is co-sponsored by Sen. Jeff Merkley (D-OR), Sen. Rand Paul (R-KY), and Senate Minority Leader Mitch McConnell (R-KY). Senator Patrick Leahy (D-VT) has also expressed his support for this proposal.

According to a Congressional Research Service report, “The United States is the only developed nation in which industrial hemp is not an established crop.”

It is likely that the Senate will vote on the hemp amendment in the coming days, so it is imperative that you contact your Senator and urge them to stand with Senator Wyden and support this important proposal. You can click here to easily contact your Senator and urge him or her to stand with America’s farmers and legalize industrial hemp.

[6/7/13 UPDATE: UNFORTUNATELY, SENATORS ULTIMATELY REJECTED INCLUDING THIS LANGUAGE IN THE SENATE FARM BILL. THE ASSOCIATED PRESS HAS THE STORY HERE: http://www.courierpress.com/news/2013/jun/07/kentuckys-senators-blocked-effort-legalize-hemp/.]

Last week, the Oregon House of Representatives voted 36 to 23 in favor of Senate Bill 281, which adds Post Traumatic Stress Disorder (PTSD) as a qualifying condition to the state’s medical marijuana program.

Speaking in favor of the bill, Rep. John Lively (D-Springfield) stated, “Each person who suffers has different levels of how they’re impacted and what it takes to recover. This is about providing a legal avenue for people suffering from PTSD.”

SB 281 was previously approved by the State Senate in April and now awaits Governor Kitzhaber’s signature.

You can read local media coverage here.

This week, Colorado Governor John Hickenlooper signed two historic measures into law, making Colorado the first state in the country to officially authorize a legalized and regulated cannabis market.

These measures, House Bills 1317 and 1318, are the first-in-the nation regulations governing the statewide commercial production and retail sale of cannabis to those age 21 and older. HB 1317 establishes a regulatory framework for retail cannabis businesses, which are anticipated to begin operating in early 2014. House Bill 1318 proposes tax rates for commercial marijuana production and sales.

These regulations were drafted by the legislature with guidance from a task force, created at the request of the Governor. Colorado NORML served on this task force as a representative for marijuana consumer interests.

The Colorado Department of Revenue is anticipated to more details for the program in the coming weeks. The proposed tax rates in HB 1318 must be approved by a majority of state voters. They seem likely to do so, as recent polling revealed that 77% of Colorado voters support the 15% excise tax on cannabis sales (which is designated for school construction) and an additional 10% sales tax to cover the costs of regulating the industry.

The regulations in House Bill 1317 would require marijuana retail outlets to license with the state and for the first nine months, only currently operating medical marijuana dispensaries can apply. Owners must also be Colorado residents. Initially, these stores must sell marijuana that they cultivated themselves, but by October 2014 this restriction will be lifted to allow independent growers and retail outlets. State residents will be able to purchase up to one ounce of usable marijuana at a time, while out of state visitors will be capped at one quarter ounce per purchase. Possession of up to one ounce of marijuana would be legalized for everyone over the age of 21, regardless of residency.

For more information on Colorado’s marijuana program, click here.

As more women are drawn to Humboldt County’s marijuana trade and off-grid lifestyle, a local battered-women’s shelter has noticed a growing trend of violent encounters.  The Standard-Examiner reports that, “The bulk of… cases involve single young women aged 18 to 26, who may travel to the area and are lured to farms by promises of work, money and, often, romance. The women are hired for trim work, which involves cleaning freshly harvested pot and preparing it for sale.”  Most women who survive violence are hesitant to seek help in general.   The women in the pot-growing business however, are under even more pressure to keep quiet because they are part of a culture that promotes secrecy.

There is no doubt the pot-growing industry supports the local economy by pumping much-needed cash into the community.   The problem is however, that because farm owners and managers (most of whom are male) are running illegal operations under federal law, standard employment regulations such as working conditions and sexual harassment laws do not apply.   The Director of W.I.S.H (Women’s Crisis Center of Southern Humboldt), points out that, “Men managing the farms can be paranoid over the threat of raids or people stealing the plants. Women’s cell phones may be taken away and they may not be allowed to leave until season’s end. Some are forced off farms at gunpoint without being paid. Women may be beaten or psychologically controlled…”.

The cycle of violence is perpetuated by an underground, black market economy.  This is just one more reason marijuana needs to be legalized and regulated.  Moving the entire marijuana industry above ground will protect workers’ rights, hold employers accountable, and remove the culture of secrecy that continues to foster female exploitation.

Last week, NORML Founder/Legal Counsel Keith Stroup and NORML Communications Director, Erik Altieri, sat down with Bob Edwards (former host of NPR’s Morning Edition) on his SiriusXM talk radio program. The three discussed a wide range of issues, including the benefits of legalization, current pending legislation, industrial hemp, and more.

“You ask why legalize marijuana? In reality, why we should legalize marijuana is the same as most of the stated goals of the people who say they want prohibition. We want to decrease youth access, we want to create safer communities, we want to better prioritize our law enforcement resources and direct them towards violent crimes. Currently, there is a burglary in this country, a home invasion, at a staggering rate, almost every thirty seconds or so. Meanwhile, we are arresting marijuana smokers at a very similar rate. The difference is, most home burglaries, only about 10 percent of those people are ever caught.

If we can take the police and instead of focusing them on these non-violent crimes, focus them on where the police work should be, protecting their communities, focusing on violent crime like assault and burglary, then we can accomplish these goals that the prohibitionists claim they want, but have failed to achieve over 40 years.” – Erik Altieri, NORML Communications Director

“There is absolutely no basis to treat [marijuana consumers] as criminals. We’re hard working people, we raise families, we pay taxes, we contribute in a positive way to our communities. Criminal prohibition of alcohol didn’t work and it hasn’t worked with marijuana. Finally, the country has come around to that position. We now enjoy the support of the majority of the American public.” – Keith Stroup, NORML Founder and Legal Counsel

You can listen to his interview with National NORML staff below:

For more on The Bob Edwards Show, including where and how you can listen to this and future episodes, click here.

The nation’s so-called ‘drug czar’, Gil Kerlikowske, convened a press conference last week to release new government data on drug use in America. The major talking points for the presentation were two fold:

*Insist that cannabis is linked to crime

*The public sentiment in favor of legalization is an unfortunate attraction to ‘bumper sticker solutions’

One could write a doctoral thesis on Mr.Kerlikowske’s supposition and claims, but suffice for space and time, let’s let the now much more watchdog media on the issue of ending cannabis prohibition better describe what they’ve figured out about ONDCP propaganda, data and the intellectual crime of omission. (Boy, do I have a book recommendation for them…)

Slate reported on the ONDCP’s well established proclivity to throw out data and insinuate causality…using squishy terms like ‘linked’:

On Thursday, Gil Kerlikowske, the director of the Office of National Drug Control Policy, announced the results of a study that—at least according to him—demonstrated a link between marijuana use and crime. The study analyzed data collected via the Arrestee Drug Abuse Monitoring program (ADAM II), which took urine samples from arrestees in five cities over a 21-day period last year. “Marijuana remained the drug most often detected in ADAM II arrestees in all five sites in 2012, ranging from 37 percent of ADAM II arrestees testing positive in Atlanta to 58 percent testing positive in Chicago,” the study reported. “In three of the five sites, over half of the adult male arrestees tested positive for marijuana.”

Kerlikowske, who opposes marijuana legalization, said in a speech Thursday that the study showed that America needs to “acknowledge and come to grips with the link between crime and substance use.” But correlation is not causation. Just because a high percentage of arrestees tested positive for marijuana does not mean that smoking marijuana made them commit crimes. Here are other things that over half of the adult male arrestees probably had in common: pants, food in their stomachs, a mother who loves them, an impoverished background, an affinity for one or more of the local sports teams.

…

Now, Kerlikowske only said that drug use and crime were linked, not that drug use causescrime. But still, the implications are obvious. Kerlikowske is not a stupid man, and he’s not actually a terrible drug czar. He has argued that drug abuse needs to be treated as a public health issue, not just a matter of criminal justice, and I couldn’t agree more. In his speech, Kerlikowske mentioned the need to move the drug policy reform debate beyond “bumper stickers.” One good way to do that is to move beyond studies that don’t necessarily say anything at all.

Reason’s Mike Riggs (a prolific and resourceful blogger about criminal justice matters) took the ONDCP to task one step further by busting the office for omitting alcohol related data and not informing the public more accurately about the most problematic and abused drug for incoming criminal defendants: alcohol

The White House Office of National Drug Control Policy released a study last week that found the majority of arrestees in five metropolitan areas tested positive for marijuana at the time they were booked, and that many other arrestees tested positive for harder drugs. There was one drug missing from the report, however, and it appears it was omitted intentionally. That drug is alcohol.

When I wrote up the 2012 annual report on the Arrestee Drug Abuse Monitoring Program II, I noticed that the methodology section contained a list of “data domains”; basically, a guide to the questions researchers asked each arrestee. Every question listed had a corresponding chart in the findings section of the report, save one: The data that researchers collected about alcohol consumption–how often arrestees had consumed five or more alcoholic drinks in a single session over the last three, seven, and 30 days, as well as in the past 12 months–was omitted from the report.

Update: Watch the very interesting panel discussion—where the major take away point from the data and interpretation of it is that it unlikely that the country will return to a time when a majority of Americans support cannabis prohibition law enforcement.

Watch video here.

Also and maybe of far greater significance is the white paper by Brookings scholars William Galston and E.J. Dionne, Jr., The New Politics of Marijuana Legalization: Why Opinion is Changing’. It is an extraordinarily well researched and data-rich paper that well demonstrates a very large, and apparently sustainable shift in public attitude about cannabis, moving from one of great intolerance twenty-five years ago to one of seeking alternative public policies to prohibition, such as decriminalization and legalization.

I highly commend any one serious-minded about cannabis law reform to read and archive the paper.

Washington, D.C., Wednesday, May 29 from 2:00-3:30 PM (eastern), the Brookings Institute is holding its second in a series of public policy review panels examining the ever-evolving changes of cannabis laws—mainly at the state level, with little-to-no federal reforms—where state legislatures and/or voters have voted to replace prohibition laws with decriminalization, medical access to cannabis or outright legalization.

The first panel discussion in April co-sposored by Washington Office on Latin America and Brookings examined the stark changes in state law and if current federal laws allow states to in effect experiment with cannabis legalization. See Brookings white paper on state and federal conflict here.

This second panel in the series looks at the emerging public polling data, along with vote totals in states with binding initiatives, which strongly indicate a profound shift in public attitude about cannabis in favor of it’s reform and what are the political implication for federal lawmakers.

At no time in previous history is there greater public and political support for legalization than right now. This public policy series at Brookings reflects the need to cast sober and dispassionate policy analysis, coupled with acknowledgement of change in public sentiment, in the fast changing public policy  realm that elected policy makers and their staff; media and academics need to be made fully aware as the country apparently morphs from seventy-five years of cannabis prohibition, to one of ‘tax-n-control’.

If you can’t attend in person, Brookings and WOLA are making this important public panel discussion on cannabis legalization available via webcast.

From Brookings’ press release:

Last November, Colorado and Washington became the first two states to legalize marijuana, and they may not be the last: legalization now has the support of about half the country, up from 25 percent two decades ago. But legalization remains controversial among the public and contrary to federal law and policy. Is a new national consensus emerging, or a new stage of the culture war? Either way, what are the implications?

On May 29, Governance Studies at Brookings and the Washington Office on Latin America will host a public forum to discuss changing attitudes towards marijuana legalization. Brookings Senior Fellows William Galston and E.J. Dionne will present findings of a detailed study of evidence from opinion surveys, some of it newly available. Two experts on politics and public opinion will comment. After the program, speakers will take audience questions.

Panelists include: Senior Fellows at Brookings William Galston and E.J. Dionne, Jr.,; Pollster Anna Greenberg and RealClear Politics Sean Trend

Moderated by Senior Fellow at Brookings Jonathan Rauch

This event will be live webcast.

Register here for the live webcast.

Register here to attend the event in person.

Follow the conversation at #MJLegalization.

The consumption of legal hemp seed nutritional oil, in conjunction with the intake of evening primrose oils and a restricted diet high in Hot-natured foods (such as pepper) and low in saturated fats and sugars, is associated with “significant improvement” in symptom management and immunological characteristics in subjects with multiple sclerosis, according to clinical trial data published this month in the scientific journal BioImpacts.

Researchers at Tabriz University of Medical Sciences in Iran assessed the impact of hemp seed oil, evening primrose oils, and a restricted diet for a period of six months in 23 patients diagnosed with relapsing remitting MS. Researchers reported that participants at the study’s completion “were healthier in comparison to baseline,” concluding that “clinical and immunological parameters showed improvement in the patients after the intervention.” They noted that hemp seed oil possesses potent antioxidative properties and also likely acts on specific signaling pathways that regulate inflammatory responses — two characteristics that would presumably make it beneficial in the treatment of MS.

Authors concluded: “After 6 months, significant improvements in extended disability status score were found. … [O]ur study demonstrates for the first time in the literature a decrease in both clinical and pro- inflammatory disease activity in MS patients during periods of dietary intervention. Our data demonstrated that co-supplemented hemp seed and evening primrose oils with Hot-natured diet intervention may decrease the risk of developing MS.”

Previously published clinical trials assessing the impact of inhaled cannabis and extracted organic cannabinoids in patients with MS have demonstrated that plant cannabinoids can alleviate disease symptoms — such as involuntary spasticity, neuropathy, and bladder dysfunction — and, in some subjects, may actually moderate disease progression. Nonetheless, the National MS Society shares little enthusiasm for cannabis or cannabis-derived products as a therapeutic option for MS patients, stating on its website: “[B]ased on the studies to date — and the fact that long-term use of marijuana may be associated with significant, serious side effects — it is the opinion of the National Multiple Sclerosis Society’s Medical Advisory Board that there are currently insufficient data to recommend marijuana or its derivatives as a treatment for MS symptoms.”

DFW NORML proudly presents the Texas Regional NORML Conference at the Norris Conference Center (304 Houston St. Fort Worth, Texas 76102-7404) in downtown Fort Worth from June 7 – 9. This historic event includes over a dozen speakers such as Keith Stroup, founder of NORML, Judge Jim Gray, the 2012 Libertarian Party Vice Presidential Nominee, expert cultivation and concentrate tips, medicinal alternatives to smoking, an exclusive screening of the new documentary American Drug War 2: Cannabis Destiny, patient testimonials, a hemp fashion show, reception and live art show, two after parties, vendors, prizes and more than a few surprises.

The primary goals for the Texas Regional NORML Conference are:
1.) Give Texans an honest, entertaining and interactive cannabis education.
2.) Showcase the strength of the Texas effort to end prohibition.
3.) Call all Texans to action because now is the time to get involved!

This historic event includes over a dozen speakers including Keith Stroup, founder of NORML, an exclusive screening of the new documentary American Drug War 2: Cannabis Destiny, expert cultivation and concentrate tips, a hemp fashion show, reception and live art show, two after parties, vendors, prizes and more than a few surprises.

Get your 3 Day pass for a $100 donation which includes all days of the conference, the reception, both after parties and a swag bag full of goodies provided by our generous sponsors. Discounted pricing available for students, seniors, veterans, media and NORML chapters.

The deadline for online registration of the Texas Regional NORML Conference is 6/7. Otherwise, you can register in person 6/7 – 6/9 for the same price!

(Click the names with links to view short videos with the speakers)

- Judge Jim Gray, 2012 Libertarian Party Vice Presidential Nominee and author of“Why Our Drug Laws Have Failed and What We Can Do About It”
- Keith Stroup, Founder & Legal Counsel at NORML
- “Radical” Russ Belville of 420radio.org
- Mike Hyde – Founder of the Cash Hyde Foundation and father of Cash Hyde
- Cheyanne Weldon, Executive Director of Texas NORML
- Shaun McAlister, Executive Director of DFW NORML
- Erik Altieri, Communications Director & Chapter Coordinator for NORML
- Jamie Balagia – Public Information Officer and Attorney at San Antonio NORML
- Joy Strickland – Founder of Mothers Against Teen Violence
- Clif Deuvall – Co-chair of Texas at US Marijuana Party of Texas, Chairman at Texas Cannabis Party and Founder Norml of Waco Inc. at NORML
- Leslie Burgoyne, DFW NORML Family Law Attorney
- Reverend Russell Elleven – Unitarian Universalist Minister
- Derek Cross – Author at Hemp Healthy Today
- Allen Patterson – Chairman of the Tarrant County Libertarian Party
- Larry Talley – Strategist for DFW NORML, speaker for Law Enforcement Against Prohibition and retired US Navy
- Terry Nelson – Executive Board Member at Law Enforcement Against Prohibition (LEAP), former Border Patrol agent and Homeland Security Supervisor
- Toni Ann Hanskett-Mills – Patient Advocate for Medical Cannabis Patients with 28 yrs experience in Direct Patient Care
- Stephen Betzen – Founder of the Texas Coalition for Compassionate Care
- Margarita McAuliffe – Students for Sensible Drug Policy and Texas Moms United

More information is available directly from DFW NORML here or at the Facebook Event page here.

Hope to see you in Texas soon!

Senator Ron Wyden has introduced an amendment to Senate Bill 3240, the Senate version of this year’s federal farm bill, that requires the federal government to respect state laws allowing the cultivation of industrial hemp. Hemp is a distinct variety of the plant species cannabis sativa that contains only trace (less than one percent) amounts of tetrahydrocannabinol (THC), the primary psychoactive compound in cannabis.

The amendment language mimics the “Industrial Hemp Farming Act of 2013,” which remains pending as stand-alone legislation in both the House and Senate but has yet to receive a legislative hearing. Senator Wyden’s provision to the Senate’s Farm Bill amends the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The measure grants state legislatures the authority to license and regulate the commercial production of hemp as an industrial and agricultural commodity.

“For me, what’s important is that people see, particularly in our state, there’s someone buying it at Costco in Oregon,” Senator Wyden previously stated in support of this Act, “I adopted what I think is a modest position, which is if you can buy it at a store in Oregon, our farmers ought to be able to make some money growing it.”

Eight states – Colorado, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia – have enacted statutory changes defining industrial hemp as distinct agricultural product and allowing for its regulated commercial production. Passage of this amendment would remove existing federal barriers and allow these states and others the authority to do so without running afoul of federal anti-drug laws.

Senator Wyden’s amendment is co-sponsored by Sen. Jeff Merkley (D-OR), Sen. Rand Paul (R-KY), and Senate Minority Leader Mitch McConnell (R-KY). Senator Patrick Leahy (D-VT) has also expressed his support for this proposal.

According to a Congressional Research Service report, “The United States is the only developed nation in which industrial hemp is not an established crop.”

Click here to quickly and easily contact your Senator in support of industrial hemp.

Members of the New Hampshire Senate voted 18 to 6 today in favor of an amended version of House Bill 573, which allows for the physician-authorized use and state-licensed dispensing of cannabis to qualified patients. House lawmakers had previously voted 286 to 64 in March in favor of a broader version of the bill.

As amended by the Senate, HB 573 would establish up to four state-sanctioned marijuana dispensing facilities. (The House version allowed for up to five facilities.) State-qualified patients would be allowed to possess up to two ounces of cannabis, but they would only be legally able to obtain it from a state-licensed dispensary. (The House version of the bill provided provisions for home cultivation.) Under the amended bill, patients lacking a state-issued identification card would not be permitted to raise an affirmative defense, meaning that patients who could benefit immediately from the therapeutic use of cannabis will be forced to wait several months until after the bill’s passage in order to obtain the necessary paperwork to receive any legal protection under the law. The Senate also voted to eliminate post-traumatic stress from the list of authorized conditions for which a physician could legally recommend marijuana therapy.

The measure also stipulates that qualified patients must possess a preexisting relationship with their physician (of at least 90 days) and that they have previously pursued conventional remedies to treat their condition.

Newly-elected Democrat Gov. Maggie Hassan had voiced her opposition to several elements of the House version, which spurred the Senate to adopt several changes.

The Senate version of the bill now goes back to the House, whose members will either sign off on or, more likely, reject the Senate’s amendments. The latter action would create the need for a “committee of conference,” at which time a special committee of House representatives and senators will compromise on a final version of the bill. That language will then be forwarded to the governor’s desk.

If you reside in New Hampshire, there is still time to contact the Governor’s office and urge her to rethink her position on these controversial Senate amendments. Tell her that these Senate provisions will hurt, not help, patients in New Hampshire. Implore her that seriously ill patients can not wait years for for dispensaries to become available and that they require a home grow alternative. You can call the Governor’s office or use NORML’s ‘Act’ page here.

Finally, House Bill 573 co-sponsor, Rep. Donald “Ted” Wright, has launched a Change.org petition urging Gov. Hassan to amend her position. Whether or not you reside in New Hampshire, please sign the petition and share it with your friends and colleagues.

For information on how you can support pending marijuana law reform legislation in other states, please visit here.