“You can’t put the genie back into the bottle”

 

 

images

(Allen J. Schaben / Los Angeles Times)
Patrick McGreevyPatrick McGreevyContact Reporter

Warned of a possible federal crackdown on marijuana, California elected officials and cannabis industry leaders said Friday they were preparing for a potential showdown in the courts and Congress to protect the legalization measure approved by state voters in November.

The flashpoint that set off a scramble in California was a news conference Thursday at which White House Press Secretary Sean Spicer told reporters that the administration had no plans to continue the Obama administration’s permissive approach in states that have legalized marijuana for recreational use.

“I do believe that you’ll see greater enforcement,” he said, adding that the administration would continue to allow states to regulate the sale of marijuana for medical use.

The latest development could force California officials and marijuana industry leaders into an unusual alliance against the federal government, with billions of dollars in profits for businesses and taxes for state coffers at stake.

The state agency responsible for drafting regulations said Friday it was going ahead with its plans to start issuing licenses to growers and sellers in January.

“Until we see any sort of formal plan from the federal government, it’s full speed ahead for us,” said Alex Traverso, a spokesman for the California Bureau of Medical Cannabis Regulation.

In Congress, Rep. Dana Rohrabacher (R-Costa Mesa) plans to introduce legislation that could blunt Spicer’s threat by preventing the Department of Justice from enforcing federal laws against the recreational use of marijuana in states that have legalized it, a spokesman said Friday.

And industry officials warn that any federal crackdown in California and other states will result in many growers and sellers continuing to operate, but on the black market.

California Atty. Gen. Xavier Becerra says he is ready to safeguard the rights approved by 57% of voters in Proposition 64, which allows California adults to possess, transport and buy up to an ounce of marijuana for recreational use.

“I took an oath to enforce the laws that California has passed,” Becerra said in a statement Thursday after Spicer’s comments. “If there is action from the federal government on this subject, I will respond in an appropriate way to protect the interests of California.”

State lawmakers also say California should do what it can to preserve Proposition 64.

“We will support and honor the laws that California voters have democratically enacted,” said Assemblyman Rob Bonta (D-Oakland), an author of legislation creating the licensing system for medical marijuana dispensaries.

Becerra would likely be joined in any defense of the state’s marijuana policy by attorneys general in other parts of the country. Recreational use has also been legalized in Washington state, Colorado, Oregon, Alaska, Maine, Massachusetts and Nevada, home to a combined 68 million Americans.

Washington Atty. Gen. Bob Ferguson, who has worked with Becerra on opposing President Trump’s travel ban, said he and Democratic Gov. Jay Inslee last week asked for a meeting with U.S. Atty. Gen. Jeff Sessions to discuss how the recreational marijuana use system is working in their state.

California Lt. Gov. Gavin Newsom, a leading supporter of Proposition 64, took a similar approach, sending a letter Friday to Trump urging him not to carry through with threats to launch a federal enforcement effort.

“I urge you and your administration to work in partnership with California and the other … states that have legalized recreational marijuana for adult use in a way that will let us enforce our state laws that protect the public and our children, while targeting the bad actors,” the Democrat wrote.

If the Justice Department starts arresting licensed marijuana sellers, the multibillion-dollar industry would join forces with the states that issue permits to challenge the action in court, said Amy Margolis, an attorney whose law firm has more than 200 clients in the marijuana industry, including businesses in California.

“This industry is so mature and it’s so far along that I have no doubt that if the Department of Justice started true enforcement actions against cannabis businesses, that they would go to court,” Margolis said. “I see joint actions between the states and the industry hoping to prevent those type of actions.”

Margolis would argue that it is a states’ rights issue.

“The argument would be that this is a situation where the states have the right to regulate and tax an industry the way they want,” she said, adding that states are gaining tax revenue to pay for government programs.

Although federal law does not outline a medicinal use for marijuana, Trump administration officials have made public statements indicating they recognize that such a benefit exists, which could help the industry in a potential court case, Margolis said.

However, the states may find their hands tied legally if they try to keep federal agents from raiding and shutting down marijuana growing and sales operations, according to Adam Winkler, a professor at UCLA School of Law.

“I imagine that California will mount a legal challenge to any crackdown on recreational marijuana,” Winkler said. “Yet there is not much California can do. Federal law is supreme over conflicting state law. Federal agents are entitled to enforce federal law anywhere in the country, including California.”

He said there are limits to federal power, but the courts have held that the federal government does have the authority to enforce federal drug laws.

Aaron Herzberg, an attorney for the industry, agreed that the state would face a tough fight. He cited the 2005 case Gonzales vs. Raich, in which the U.S. Supreme Court found that under the commerce clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown marijuana even if states approve its use for medical purposes.

“Let’s face it: If the federal government wants to shut down recreational marijuana, they could quite easily accomplish it using federal law enforcement and taxation tools,” Herzberg said.

Others say one basis for legal action would be an argument that enforcing laws against marijuana would damage states that have put regulations in place and are depending on hundreds of millions of dollars in taxes to pay for government programs.

States are too far down the path of regulating, licensing and taxing those who are making big investments in the sanctioned marijuana industry to pull the rug out now, said Richard Miadich, an attorney who co-wrote Proposition 64.

“Given the strict regulatory structure set forth in Proposition 64, that medical and adult-use regulations are being developed in concert, and that public opinion is squarely on the side of states’ rights on this issue, I think it is impractical for the federal government to reverse course now,” he said. “Not to mention the potential for great harm to individual states.”

Supporters of Proposition 64 say there is also a potential political solution.

In recent years, Rohrabacher and former Rep. Sam Farr (D-Carmel) won congressional approval of a rider to the federal budget that prohibited federal funds from being used to prosecute medical marijuana businesses that are in compliance with state laws.

Rohrabacher plans to introduce legislation that would expand the protection to businesses that comply with state laws allowing the growing and sale of marijuana for recreational use, according to spokesman Ken Grubbs.

The congressman is planning the legislation “because recreational use is an issue of individual freedom and should be dealt with legally according to the principle of federalism, a bedrock conservative belief,” Grubbs said.

Rep. Ted Lieu (D-Torrance) is also “reviewing options to counteract whatever the Trump administration’s plans” are for state marijuana laws, said senior advisor Jack d’Annibale.

Another option, though a long shot, would be for Congress to attempt to change the federal Controlled Substances Act to decriminalize the use of marijuana nationally.

Herzberg said reinstituting federal raids would be “a major setback for the industry.”

But the state could still go ahead with a licensing system for medical marijuana growing and sales in spite of a federal crackdown on recreational use, according to Hezekiah Allen, head of the California Growers Assn.

“A vast majority of California growers and cannabis business owners would choose to participate only in the medical marketplace if given the option, and some would choose to avoid licensure entirely if they were unable to distinguish themselves from adult-use businesses,” Allen said.

Because Spicer did not provide details on what an enforcement effort might look like, many in the industry hope it will focus on the illegal exporting of marijuana to other states, leaving alone state-licensed firms that grow and sell pot.

“The biggest crackdown we may see is on the increase of cannabis being illegally exported out of recreational states,” said Nate Bradley, executive director of the California Cannabis Industry Assn.

State Sen. Mike McGuire (D-Healdsburg) said any change in federal enforcement policy on states that have legalized recreational use would be misguided.

“You can’t put the genie back into the bottle — marijuana regulation and enforcement can’t and shouldn’t go backwards,” he said.

CONTINUE READING…

The DEA doesn’t see it as legal’ and that’s where he gets his medical license.”

FOX Files: Some doctors fear following Missouri’s medical marijuana law

Posted 11:15 pm, February 21, 2017, by Chris Hayes

ST. LOUIS, MO (KTVI)- A form of medical marijuana may be legal in Missouri, but patients are finding doctors afraid to even discuss it. It’s called CBD hemp oil, extracted from a type of marijuana that cannot get you high. It’s now legal in Missouri for treating intractable epilepsy, but families say some doctors are afraid to honor the new law.

Robert Tufts,  11, says it hurts when he seizes.

“It just feels like some sort of shock like, my brain, inside my head. I’ll just get a little fuzzy feeling and I’ll shake and I’ll be dizzy for a second.”

He takes a handful of pills he says sometimes make him feel worse.

“It just felt like I was so enraged and wanted to break everything.”

His mom, Stephanie, thinks CBD oil could be a better way, but she can’t convince her son’s doctor.

“His exact words to me were, ‘It’s not legal,’” said Stephanie Tufts.  “I said well the oil is legal here in Missouri and he basically came back with, ‘It’s not. The DEA doesn’t see it as legal’ and that’s where he gets his medical license.”

FOX 2 has learned only 66 families in Missouri have obtained medical cards to buy CBD oil, with potentially thousands of families asking for it.

Treasurer Eric Schmitt fought for the new law when he was State Senator.

“This idea that you’ve tried everything and it’s not working, but there may be something that is now legal in the State of Missouri to now possess and use and that a doctor and a hospital would not allow families to access that – there’s no excuse for it,” said Schmitt.

Schmitt has met with hospital administrators across the State trying to get them to reconsider.

“I know for a fact that there are neurologists in those hospital systems that want to be able to recommend, but are not being allowed to by the lawyers. And I think that that’s just…it’s unconscionable.”

There is one hospital working with patients.  It’s in St. Louis, SSM Health Cardinal Glennon Children’s Hospital.

Dr. Sean Goretzke with SSM said, “Even though there might be some negatives and some side effects, (we felt) there was a certain percentage of patients that we owed it to to do everything we could to try to help within a safe and reasonable effort.”

Dr. Goretzke is director of child neurology at SSM Health Cardinal Glennon Children’s Hospital.

“Cases where this works are really highly publicized. There’s a lot of social media attraction to it and those are great and we’re happy about those. But we know this isn’t going to work for every patient, just like every other medicine we have.”

Patients must first try three traditional prescriptions without success.  The marijuana strain that’s cultivated for its CBD oils does not contain the psychoactive THC, which hurts brain development, but Dr. Goretzke says there’s no research to answer whether CBD oil could still present risks.

“The majority of kids we are treating with this substance are so delayed from the burden of their seizures, maybe from the side effects of their other medications, that we feel the potential benefit for this medicine far outweighs those risks,. But with a typically developing child we’re still just not quite sure yet.”

He acknowledged they must start somewhere, but said it would help if there was research money to help answer their concerns.  Dr. Goretzke also said this is not a mandate and the hospital will respect individual doctors who might not want to be part of it.

Follow Fox 2’s Chris Hayes on Facebook https://www.facebook.com/ChrisHayesTV/

Follow Fox 2’s Chris Hayes on Twitter @ChrisHayesTV

CONTINIUE READING…

Dakota protesters regroup, plot resistance to other pipelines

Sat Feb 25, 2017

A man warms up by a fire in Sacred Stone camp, one of the few remaining camps protesting the Dakota Access Pipeline in Cannon Ball, North Dakota, U.S., February 24, 2017. REUTERS/Stephen Yang

By Terray Sylvester | CANNON BALL, N.D.

Opponents of the Dakota Access Pipeline who were pushed out of their protest camp this week have vowed to keep up efforts to stop the multibillion-dollar project and take the fight to other pipelines as well.

The Oceti Sakowin camp in Cannon Ball, North Dakota, was cleared by law enforcement on Thursday and almost 50 people, many of them Native Americans and environmental activists, were arrested.

The number of demonstrators had dwindled from the thousands who poured into the camp starting in August to oppose the pipeline that critics say threatens the water resources and sacred land of the Standing Rock Sioux Tribe. The tribe has said it intends to fight the pipeline in court.

The 1,170-mile (1,885 km) line, built by Energy Transfer Partners LP, will move crude from the shale oilfields of North Dakota to Illinois en route to the Gulf of Mexico, where many U.S. refineries are located.

Tonya Olsen, 46, an Ihanktonwan Sioux from Sioux Falls, South Dakota, who had lived at the camp for 3-1/2 months, said she was saddened by the eviction but proud of the protesters.

She has moved to another nearby camp on Standing Rock Sioux Tribe reservation land, across the Cannon Ball River.

“A lot of people will take what they’ve learned from this movement and take it to another one,” Olsen said. She may join a protest if one forms against the Keystone XL pipeline near the Lower Brulé Sioux Reservation in South Dakota, she added.

Tom Goldtooth, a protest leader and executive director of the Indigenous Environmental Network, said the demonstrators’ hearts were not defeated.

“The closing of the camp is not the end of a movement or fight, it is a new beginning,” Goldtooth said in a statement on Thursday. “They cannot extinguish the fire that Standing Rock started.”

Many hope their fight against the project will spur similar protests targeting pipelines across the United States and Canada, particularly those routed near Native American land.

“The embers are going to be carried all over the place,” said Forest Borie, 34, a protester from Tijuana, Mexico, who spent four months in North Dakota.

“This is going to be a revolutionary year,” he added.

NEXT TARGETS

Borie wants to go next to Canada to help the Unist’ot’en Native American Tribe in their long-running opposition to pipelines in British Columbia.

Energy Transfer Partners, the Dallas-based company constructing the Dakota Access pipeline, is already facing pushback from a diverse base of opposition in Louisiana, where it is planning to expand its Bayou Bridge pipeline.

Other projects mentioned by protesters as possible next stops include the Sabal Trail pipeline being built to transport natural gas from eastern Alabama to central Florida, and Energy Transfer Partners’ Trans-Pecos in West Texas. Sabal Trail is a joint project of Spectra Energy Corp, NextEra Energy Inc and Duke Energy Corp.

Another protest is focused on Plains All American Pipeline’s Diamond Pipeline, which will run from Cushing, Oklahoma, to Valero Energy Corp’s Memphis refinery in Tennessee.

Anthony Gazotti, 47, from Denver, said he will stay on reservation land until he is forced out. Despite construction resuming on the Dakota pipeline, he said the protest was a success because it had raised awareness of pipeline issues nationwide.

“It’s never been about just stopping that pipeline,” he said.

June Sapiel, a 47-year-old member of the Penobscot Tribe in Penobscot, Maine, also rejected the idea that the protesters in North Dakota had failed.

“It’s waking people up,” she said in front of a friend’s yurt where she has been staying. “We’re going to go out there and just keep doing it.”

(Additional reporting by Timothy Mclaughlin in Chicago and Liz Hampton in Houston; Writing by Ben Klayman; Editing by Matthew Lewis)

CONTINUE READING…

Gun rights and marijuana laws

As more states expand their marijuana use laws, a new issue is beginning to pop up that impacts gun owners.

On a federal firearms background check form, Section 11 E, which was revised on January 16, asks if a person is an unlawful user of marijuana, or any other depressant, stimulant, narcotic drug, or other controlled substance.

Underneath that, in bold letters, it clarifies that the use of marijuana remains unlawful under federal law, regardless if the state you live in allows it.

Heather Fazio with the Marijuana Policy Project says that provision is a problem.

“It’s unreasonable to deprive legal marijuana users in states that have allowed access for medicinal purposes,” Fazio explained. “It’s unreasonable to restrict them to access to their second amendment right.”

But despite legal challenges, the provision has remained.

As recently as last August, the US 9th Circuit Court of Appeals upheld the ban, preventing any user of marijuana from purchasing a firearm from a licensed dealer.

Fazio points to marijuana’s classification as a Schedule I drug as a key issue in changing the debate.

“We have alcohol and opiates for example that are legal and are far more dangerous in impairing than cannabis is,” Fazio said.

A recent response by President Trump’s press secretary Sean Spicer has drawn the ire of marijuana advocates.

“When you see something like the opioid addiction crisis blossoming in so many states around this country, the last thing we should be doing is encouraging people to- there is still a federal law that we need to abide by when it comes to recreational marijuana,” Spicer said.

This is where these issues — gun rights and marijuana vs. opioid use — intersect.

Back to Section 11 E, the form uses the terminology: “unlawful user.”

In essence, a person can legally be prescribed – and use – opioids and still purchase a gun from a licensed dealer.

But if a person is prescribed medical marijuana in a state that legally allows for it — they cannot.

Fazio does not believe any state’s medical laws are in jeopardy, adding Trump’s desire to strengthen states’ rights.

There is a rider in the 2014 appropriations bill that stated the Department of Justice would not be funded to go after users of legally prescribed medical marijuana.

While Spicer acknowledged the President’s understanding of medical marijuana benefits, he added there will be greater federal enforcement of recreational marijuana laws. 

CONTINUE READING…

Whitehouse Press Release– I have a question on medical marijuana…

 

marijuana

February 23, 2017

 

A LINK TO THE ENTIRE PRESS BRIEFING HERE

I have a question on medical marijuana.  Our state voters passed a medical marijuana amendment in November.  Now we’re in conflict with federal law, as many other states are.  The Obama administration kind of chose not to strictly enforce those federal marijuana laws.  My question to you is:  With Jeff Sessions over at the Department of Justice as AG, what’s going to be the Trump administration’s position on marijuana legalization where it’s in a state-federal conflict like this?

MR. SPICER:  Thanks, Roby.  There’s two distinct issues here: medical marijuana and recreational marijuana.  

I think medical marijuana, I’ve said before that the President understands the pain and suffering that many people go through who are facing especially terminal diseases and the comfort that some of these drugs, including medical marijuana, can bring to them.  And that’s one that Congress, through a rider in 2011 — looking for a little help — I think put in an appropriations bill saying the Department of Justice wouldn’t be funded to go after those folks.  

There is a big difference between that and recreational marijuana.  And I think that when you see something like the opioid addiction crisis blossoming in so many states around this country, the last thing that we should be doing is encouraging people.  There is still a federal law that we need to abide by in terms of the medical — when it comes to recreational marijuana and other drugs of that nature.  

So I think there’s a big difference between medical marijuana, which states have a — the states where it’s allowed, in accordance with the appropriations rider, have set forth a process to administer and regulate that usage, versus recreational marijuana.  That’s a very, very different subject.

Shannon.

Q    What does that mean in terms of policy?  A follow-up, Sean.  What does that mean in terms of policy?

MR. SPICER:  Shannon.  Glenn, this isn’t a TV program.  We’re going to —

Q    What is the Justice Department going to do?

MR. SPICER:  Okay, you don’t get to just yell out questions.  We’re going to raise our hands like big boys and girls.

Q    Why don’t you answer the question, though?

MR. SPICER:  Because it’s not your job to just yell out questions.  

Shannon, please go.

Q    Okay.  Well, first, on the manufacturing summit, was the AFL-CIO invited?  And then, yeah, I did want to follow up on this medical marijuana question.  So is the federal government then going to take some sort of action around this recreational marijuana in some of these states?

MR. SPICER:  Well, I think that’s a question for the Department of Justice. I do believe that you’ll see greater enforcement of it.  Because again, there’s a big difference between the medical use which Congress has, through an appropriations rider in 2014, made very clear what their intent was in terms of how the Department of Justice would handle that issue.  That’s very different than the recreational use, which is something the Department of Justice I think will be further looking into. 

I’m sorry, Shannon, what was the first part?

Q    Was the AFL-CIO invited to the manufacturing meeting today with the CFOs?  Because they are part of this manufacturing —

MR. SPICER:  Right.  I think this was just focused on people who actually — they were not, I don’t believe, part of this one.  As you know, that we’ve had union representation at other meetings.  I think this was specifically for people who are hiring people and the impediments that they’re having to create additional jobs, hire more people.  And obviously, while the President values their opinion — and that’s why they’ve been involved in some of the past — this was specifically a manufacturing — people who hire people, who manufacture, who grow the economy, who grow jobs.  And that is a vastly different situation.

SOURCE

iN hONOR OF rICHARD jAMES rAWLINGS

Richard James Rawlings with Gatewood Galbraith in Glasgow, Kentucky 2011

The U.S. Marijuana Party, did, on February 24, 2013, loose one of its first and most influential Presidents, 

Second only to Loretta Nall, who preceded him as the first President of the USMJParty in 2002.

Richard James Rawlings took the head of the table in 2005 after Ms. Nall’s resignation.

He actively ran for Congress in Peoria Illinois several times.  He promoted many legalization activities in the Peoria area of Illinois and attended many more events in various states until he began to become ill in 2009-10.

It was not until July of 2012 that he was diagnosed with Stage 4 Throat, Lung and Adrenal Cancer.

At the age of 51, he died peacefully at his mother’s home where we had resided since shortly after his hospitalization in Glasgow Kentucky for two weeks in July 2012 where he received the diagnosis and the surgery for the trach which he would continue to wear until the night of his death when I removed it.

All of his family were with him almost constantly during the last two weeks.  And I am forever grateful to them for all their support to me during this most difficult time.

His death broke my Heart.  We were not only coworkers, friends and companions – we were lovers and partners.

He will never be forgotten by me and I know the same sentiment holds true with all of his family, friends and followers.

May what he stood for never be forgotten:  Repeal of Hemp/Marijuana/Cannabis Laws at best or Legalization at least.

Richard J. Rawlings with his family at TJ Samson Hospital, Glasgow, Kentucky, in July of 2012

Richard J. Rawlings and Sheree Krider at Richard’s Mother’s house in Peoria, IL in January of 2013.

May He Rest In Peace

Sheree Krider

 

Richard and his plant

 

Ode to the Hemp

WE COME TOGETHER TODAY TO PRAISE YOUR ALMIGHTY
GIFTS TO US…
YOU HAVE GIVEN US LIGHT FOR WARMTH,
MEADOWS OF FRESH FLOWERS,
AND HERBS,TO KEEP UP HEALTHY,
YOU GAVE US DARK TO SLEEP AND TO REST OUR
WEARY HEARTS AND MINDS FOR ANOTHER DAY,
YOU GAVE US BROTHERS AND SISTERS TO LOVE US,
AND CHILDREN TO CARRY ON OUR NEVER-ENDING
ENDEAVORS – TO CARRY OUT YOUR WILL ,
AS WE KNOW WE WILL NEVER ACCOMPLISH
THIS ALONE.
YOU GIVE US INTELLIGENCE TO BE ABLE TO
SEPARATE THE GOOD FROM THE EVIL,
DEAR FATHER IN HEAVEN,
GIVE US THIS DAY, OUR DAILY BREAD,
AND FORGIVE US OUR SINS,
AS WE FORGIVE ALL OTHERS,
AND
GIVE US THE STRENGTH, TO CARRY ON,
TO RECTIFY THE EVIL THAT TO WHICH WE HAVE
SUCCUMB,
TO BRING BACK THE MEADOWS,
THE FLOWERS AND TREE’S,
TO CONTINUE TO HEAR THE BIRD’S AND BEE’S!
BLESS THE HEMP LORD, AND KEEP IT STRONG,
AND ENABLE US, TO CARRY ON…

AMEN

@ShereeKrider

*Dedicated with Love to Richard J. Rawlings…USMJParty

https://usmjpartyil.wordpress.com/2013/01/27/ode-to-the-hemp/

https://usmjpartyil.wordpress.com/2013/03/01/in-honor-of-richard-james-rawlings-1961-2013/

Queens of the Stoned Age

 

There are a thousand ways to buy weed in New York City, but the Green Angels devised a novel strategy for standing out: They hired models to be their dealers. In the eight years since the group was founded—by a blonde, blue-eyed Mormon ex-model—they’ve never been busted, and the business has grown into a multimillion-dollar operation. Suketu Mehta spent months embedded with them at their headquarters and out on their delivery routes to see where this great experiment in American entrepreneurship might lead.

A friend tells me about the Green Angels, a collective of about 30 models turned high-end-weed dealers, and he introduces me to the group’s leader, Honey. The first time we speak, in the spring of 2015, she comes to my house in Greenwich Village and we talk for six hours.

She is 27 and several months pregnant. Her belly is showing, a little, under her black top and over her black patterned stockings. But her face is still as fresh as hay, sunlight, the idea the rest of the world has about the American West, where she was born—she’s an excommunicated Mormon from the Rocky Mountains. Honey is not her real name; it’s a pseudonym she chose for this article. She is over six feet tall, blonde, and blue-eyed. Patrick Demarchelier took photos of her when she was a teenager. She still does some modeling. Now that she’s pregnant, I tell her, she should do maternity modeling.

“Why would I do that when I can make $6,000 a day just watching TV?” she asks.

Honey started the business in 2009. When she began dealing, she would get an ounce from a guy in Union Square, then take it to her apartment and divide it into smaller quantities for sale. She bought a vacuum sealer from Bed Bath & Beyond to make the little bags her product came in airtight. She tells me that part of her research was watching CNN specials on the drug war to find out how dealers got busted.

Today her total expenses average more than $300,000 a month for the product, plus around $30,000 for cabs, cell phones, rent for various safe houses, and other administrative costs. She makes a profit of $27,000 a week. “I like seeing a pile of cash in my living room,” she says.

PLEASE CONTINUE READING…

NORML Forms Multi-State Workplace Drug Testing Coalition

by Kevin Mahmalji, NORML Outreach Coordinator February 14, 2017

The fact that 190 million Americans now live in states where marijuana has been legalized to some degree is raising a number of questions and issues about how to integrate the American workforce and marijuana consumers rights in regards to drug testing. With medical marijuana is legal in 29 states and recreational marijuana for adult use in 8 states and Washington DC, millions of responsible and otherwise law-abiding adults remain at risk of being excluded from the workforce due to a positive drug test — even where the use does not affect an individual’s job performance or has taken place days or weeks prior to the test.

NORML believes that this practice is discriminatory and defies common sense. As a result, a growing coalition of NORML Chapters in California, Oregon, Colorado and Washington have come together to advocate for necessary legislative and workplace reforms to protect responsible marijuana consumers.

NORML’s Workplace Drug Testing Coalition’s efforts will focus on these four areas:

  1. Reform workplace drug testing policies
  2. Expand employment opportunities for marijuana consumers
  3. Clarify the difference between detection technology and performance testing
  4. Highlight off-duty state law legal protections for employees

“Even though marijuana is legal and readily available in several states, consumers are being unfairly forced to choose between their job and consuming off the clock as a result of out-of-date employment practices,” said Kevin Mahmalji, National Outreach Coordinator for NORML. “That is why many NORML chapters active in legal states are now shifting their attention to protecting honest, hardworking marijuana consumers from these sort of antiquated, discriminatory workplace drug-testing practices, in particular the use of random suspicionless urine testing.”

Employer testing of applicants or employees for trace metabolites (inert waste-products) of past use of a legal substance makes no sense in the 21st century.  This activity is particularly discriminatory in the case of marijuana where such metabolites may be detectable for weeks or even months after the consumer has ceased use.

With the 2017 Legislative Session underway, this issue is finally getting the attention it deserves. Legislation has already been introduced in Oregon and Washington, and is gaining traction in those states.

“Random suspicionless drug testing of applicants or employees for past marijuana use is not just unfair and discriminatory, it’s bad for business,” said attorney Judd Golden of Boulder, Colorado, a long-time NORML activist and Coalition spokesperson. The modern workforce includes countless qualified people like Brandon Coats of Colorado, a paraplegic medical marijuana patient who never was impaired on the job and had an unblemished work record. Brandon was fired from a Fortune 500 company after a random drug test, and lost his case in the Colorado Supreme Court in 2015. The Court unfortunately found Colorado’s lawful off-duty activities law that protects employees for legal activities on their own time didn’t apply to marijuana use.

California NORML is also expecting legislation to be introduced this session to address this issue. Ellen Komp, deputy director of California NORML said, “One of the most frequently asked questions we have been getting since Prop. 64 passed legalizing adult marijuana use in California last November is, ‘Am I now protected against drug testing on my job?’ Sadly in our state, not even medical marijuana patients are protected against job discrimination, and it’s a priority of Cal NORML to change that. We are hoping to get a bill introduced at the state level and are working with legislators, unions, and other reform groups to make that happen.”

NORML Chapters across the country are advocating on behalf of the rights of responsible marijuana consumers against discrimination in the workplace. “Our coalition was formed with the intention of not only educating legislators, but also with businesses in mind.  It is important they know testing for marijuana is not mandatory, and that employers have testing options,” said Jordan Person, executive director for Denver NORML. The Denver chapter is currently working with companies that offer performance impairment testing of workers suspected of on-the-job impairment or use rather than unreliable bodily fluid testing to help provide options for employers.

thumbs_up

For decades drug testing companies and others have pushed their agenda through a campaign of misinformation. Until now there has never been an organized effort to challenge the profit- driven ideology of those who seek to benefit from intrusive drug screening. Mounting evidence continues to prove there is no logical reason why adult marijuana consumers should be treated with any less respect, restricted more severely, and denied the same privileges we extend to responsible adults who enjoy a casual cocktail after a long day at the office.

For legal questions, please contact Coalition spokesperson Judd Golden at juddgolden@outlook.com. For other marijuana related questions or an interview, please contact Kevin Mahmalji at kevinm@norml.org.

CONTINUE READING…

Time 4 Hemp Presents: Cannabinoid Profiles: A Crash Course

Time 4 Hemp

Crash-Course in CBGs

The Time4Hemp Network has set up a very educational and informative series which they are calling the “Cannabinoid Profiles Series”.

Anyone who needs or wants to review a course in Cannabinoids should start here!

 

Cannabinoid Profile: Tetrahydrocannabinol (THC)

 

The LINKS for the series is below:

Cannabinoid Profiles Series

1. Meet Your CB Receptors

2. A Crash Course in THC

3. A Crash Course in CBD

4. A Crash Course in THC

5. A Crash Course in CBG

6. A Crash Course in CBC

7. A Crash Course in THC

8. A Crash Course in CBN

9. A Crash Course in CBDs

SOURCE LINK:

The Congressional Cannabis Caucus

 

Pot Presser

Rep. Earl Blumenauer, D-Ore., left, and Dana Rohrabacher, D-Calif., two of the four U.S. congressmen who have launched the Congressional Cannabis Caucus. Photo by Tom Williams—CQ-Roll Call,Inc

 

With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) have formed the first-ever Congressional Cannabis Caucus to promote sensible cannabis policy reform and to ease the tension between federal and state cannabis laws.

The official establishment of a Congressional Cannabis Caucus represents yet another step forward toward ultimately reforming cannabis policy at the federal level. The creation of this caucus is yet another manifestation that our political power is growing — even inside the beltway.

Click here to email your Congressional Representative and urge them to join the Cannabis Caucus today.

NORML has been in this fight for over 47 years, representing the position that responsible adults who choose to consume marijuana should not be be persecuted or stigmatized. Throughout the country, our chapters are organizing to advocate for state level reforms. NORML represents a growing community of individuals who are coming together and working toward the mutual goals of building a more just and verdant society. 

The end of marijuana prohibition will not come overnight. In fact, the forces of prohibition remain strong and the misinformation campaign that has spanned from Reefer Madness to D.A.R.E. is deeply entrenched in the psyches of lawmakers and voters alike. But just as we have for decades, we will not be deterred. 

In order for our state and federal laws to be more reflective of the cold truths of reality and science rather than hysteria and racism, we must continue to educate our legislators and neighbors alike. Having a coalition of lawmakers in Washington, DC who will go on the record in support of advocating for cannabis freedom is something we haven’t had before, but it is an event that is long overdue. 

So let’s keep building. 

CONTINUE TO NORML

Send a message to your member of Congress now and tell them to join the Cannabis Caucus and support sanity in marijuana policy.

NORML and the NORML Foundation: 1100 H Street NW, Suite 830, Washington DC, 20005
Tel: (202) 483-5500 • Fax: (202) 483-0057 • Email: norml@norml.org

 

RELATED:

Pro-Pot Lawmakers Launch a Congressional Cannabis Caucus

Tom Huddleston, Jr.

12:10 AM Central

Four members of the U.S. congress are banding together to protect the growing marijuana industry.

A bipartisan group of federal lawmakers launched the Congressional Cannabis Caucus in a press conference at the U.S. Capitol on Thursday afternoon. Republican congressmen Dana Rohrabacher (California) and Don Young (Alaska) joined Democrats Earl Blumenauer (Oregon) and Jared Polis (Colorado) to launch the new group. They are dedicated to developing policy reforms that can bridge the gap that currently exists between federal laws banning marijuana and the laws in an ever-growing number of states that have legalized it for medical or recreational purposes.

“We’re stepping forward together to say we’ve got to make major changes in our country’s attitude toward cannabis,” Rep. Rohrabacher said at the start of the press conference. “And if we do, many people are going to live better lives, it’s going to be better for our country, better for people, and it makes economic sense at a time when every penny must count for government.”

Various polls show that a majority of Americans support legalizing marijuana in some form, and a strong showing in November’s elections pushed the number of states that have legalized medical cannabis to 28, while another eight have voted for recreational legalization. (Notably, each of the four congressmen forming the Cannabis Caucus represent districts in states that have legalized both medical and recreational pot.)

In recent years, under President Barack Obama, federal law enforcement mostly left individual states alone to enact and enforce their own marijuana legislation. Three years ago, Congress passed a bill that prohibited the Justice Department from using federal funds to target cannabis operations that comply with local laws.

CONTINUE READING…