The legislation would make it a third-degree felony punishable by up to five years in prison to own a house where marijuana is being cultivated, packaged and distributed.
The bill would also reduce the number of marijuana plants that would have to be in a home for a person to be convicted of a second-degree felony, which would be punishable by up to 15 years in prison. Right now, a person would have to have 300 plants in their home to be convicted of a second-degree felony, but the bill would reduce that number to 25.
In addition, if a child was living in the home, a person could spend up to 30 years in prison.
The Senate unanimously passed the bill today. It passed the House last month.
I think this is a bill they haven’t really put much thought into. Suppose you are a Florida landlord and you rent your property out to someone who then grows a single marijuana plant for personal uses. As the owner of the home, are you now headed to five years in prison? If your renter grows 25, are you sent up for 15 years? If your renter has kids, are you going to prison for 30 years?
Think about the consequences of this. The rental market is tight already and landlords are always having trouble finding good tenants. What will landlords do to protect themselves from the potential grower/renter? Will landlords, in addition to criminal background checks they already perform, now be insisting on pre-rental and random drug testing of their renters? Will they be forced to perform those 24-hour notice rental inspections?
And what of the people trying to rent? If you had made a mistake in your youth and got busted with marijuana, how likely are landlords going to want to rent to you? I believe this will create even more homeless people in Florida, as those people on the margins economically who have drug convictions in the past are rejected for rentals.
Welcome to Thursday, stashers! We have a classic reggae tune from a legendary Jamaican rasta man, CARLTON LIVINGSTON. Attending school in Trenchtown, Jamacia in the sixties, Carlton honed his chops with none other than the great Bob Marley, the godfather of ganja reggae. Carlton and a schoolmate would sneak away from school to listen and sing with a yet to be discovered Bob Marley and the Wailers. Recording music throughout the 70’s and 80’s Carlton gained a faithful following of reggae fans. His longevity in the business has finally landed Carlton the title of one of the top songwriters of Jamaica. Today’s track, “100lb Collie Weed” came from a 1992 recording session on Long Island, NY after he had moved to the US.
CONCORD, NEW HAMPSHIRE — After being rejected by the Senate Judiciary Committee in a 4-0 vote last Thursday, HB 1623 was defeated this afternoon in a voice vote by the full Senate. The bill, which would have reduced the penalty for possessing less than a quarter ounce of marijuana, had been marked for death since it received a rare veto threat from Governor Lynch following passage by the House.
Matt Simon, executive director of the NH Coalition for Common Sense Marijuana Policy, was not discouraged by the result. “A strong majority of voters now understand that our marijuana laws were written for the 1970’s, and that they need to be updated for the 21st Century,” he explained. “Through this process, I think we have demonstrated that a reform of this nature is both wise and inevitable.”
Simon cited the 193-141 House vote as a turning point for marijuana reform in New Hampshire. “It’s tough to raise this kind of issue in an election year,” he said, “but given the results from our recent poll, we’re confident that decision-makers will catch up with public opinion when the next opportunity arises.”
Congratulations to the reformers who have moved decrim forward in the Granite State. Matt is right; just getting a passage from the House is a major accomplishment. Don’t be too discouraged about losing this battle, because we keep making progress on winning the war.
It’s Thursday, May 1st and it’s 4:20 somewhere in the world. I’m your host, “Radical” Russ Belville and this is your NORML Daily Audio Stash.
Today is May Day, also known as International Worker’s Day. We call on labor organizations worldwide to stand up for worker’s privacy and beat back the scourge of suspicion-less and pre-employment drug testing of workers. Drug testing without probable cause essentially means that you’re assumed to be guilty of a crime until you can prove yourself innocent. It means that while the government is constitutionally restricted from unreasonable searches of your person without warrant, your employer may treat you like property. Workers of the world – unite!
Cannabis Karri is back with some more fantastic reggae. This time we’ve got Carlton Livingston and his song, “100lb Collie Weed”. I ‘n’ I love dis track, mon. Irie!
Then we’ll speak with Nicholas Van Dam, a doctoral candidate in psychology at State University of New York. Nicholas has just published a paper in the journal Human Psychopharmacology examining the studies of cannabis and schizotypal syndromes and how those studies are misrepresenting cannabis’ role by ignoring the use of other drugs.
We’ve got a lot to cover, so sit back and relax with a tasty beverage and your favorite strain and enjoy your NORML Daily Audio Stash…
There is a great article out on AlterNet that is worth a read…
Will Pot Ever Be Legal in This Schizoid Country? | DrugReporter | AlterNet
Marijuana occupies a bizarrely paradoxical place in American culture. Its use is widespread, commonplace among the young and ubiquitous in popular culture. Yet it remains highly illegal, and talk of legalization is usually deemed political suicide.
Here are five signs that pot should be legal soon — and five reasons why it probably won’t.
The Senate has already approved the bill, and it’s expected to hit the House floor in about a week.
Ads are already hitting the airwaves asking the governor not to veto the bill like he’s promised.
Like the governor, the Minnesota Sheriffs Association and the Minnesota Chiefs of Police Association are against medical marijuana.
“They can say they’ve got a prescription but if we call the doctor, they’re not going to release if they have a prescription. It becomes a HIPAA issue,” says Mower County Sheriff Terese Amazi.
First of all, Sheriff, people don’t get prescriptions for medical marijuana, as that would violate federal law and cause the DEA to revoke a doctor’s license to prescribe scheduled drugs. But doctors are free to recommend medical marijuana, as adjudicated in the case Conant v. Walters.
As for the so-called HIPAA issue, there is no HIPAA issue (though it is nice to see law enforcement concerned about patient’s right to privacy). Obviously, the sheriff has not read the text of the Minnesota bill, which states:
A qualifying patient who possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner…
“Registry identification card” means a document issued by the commissioner that identifies a person as a qualifying patient or primary caregiver…
The commissioner shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list shall be confidential, exempt from the Minnesota Freedom of Information Act, and not subject to disclosure, except to authorized employees of the department as necessary to perform official duties of the department.
The commissioner shall verify to law enforcement personnel whether a registry identification card is valid solely by confirming the random registry identification number.
The so-called “the Global Marijuana March,” scheduled for Sunday in 10 Brazilian cities, is banned in Salvador, capital city of Bahia state in northeastern Brazil.
According to the prosecutors, the demonstration is likely to fuel controversy over marijuana smoking, currently forbidden by the Brazilian law.
The global march will also be held in 19 other countries.
Protesters said the court’s decision was “absurd,” and has violated their freedom of speech in a struggle for a change in legislation.
The demonstration was aimed at promoting public debate and research on the use of marijuana, they said.
The global march has caused security concerns in Brazil.
On April 21, five people were arrested in Rio for handing out leaflets to the public, inviting local citizens to take part.
Marijuana is so dangerous that now we can’t even talk about it? This Brazilian court thinks that a few hundred people marching for cannabis law reform is dangerous, yet they have no problem with Carnaval, which certainly must be a bigger drain on law enforcement and definitely sends a certain message to the children, where hundreds of thousands gather in the streets at night to gawk at elaborate floats and near-naked women in extravagant outfits.
Brown says message must be sent on cannabis | UK | Reuters
LONDON (Reuters) - Gordon Brown said on Tuesday the government needs to send a message that cannabis is “unacceptable,” increasing speculation he will decide to tighten drug laws.
Brown has received a report from The Advisory Council on the Misuse of Drugs (ACMD) on cannabis and will decide soon whether to upgrade it to Class B from a Class C, although a decision is not expected this week.
Newspapers have predicted that Brown will reclassify the drug even though the council has reportedly advised the government to keep cannabis in Class C.
“I don’t think that the previous studies took into account that so much of the cannabis on the streets is now of a lethal quality and we really have got to send out a message to young people — this is not acceptable,” Brown said.
Cannabis was downgraded to Class C — which includes substances such as anabolic steroids — in 2004. That means possession of the drug is treated largely as a non-arrestable offence.
But Brown launched a review by the advisory council, which comprises doctors, police, judges and counsellors, soon after he became prime minister.
And now he’s just about ready to completely ignore his advisory council, which is said to favor keeping cannabis decriminalized by a vote of 20-3.
But surely, when someone is quoted as calling cannabis “lethal”, you can’t expect them to accept pesky things like facts, logic, and science. Brown wants to change the cannabis laws in the UK for purely political reasons.
420 Comedy: Tere Joyce and Jay London from NBC's Last Comic Standing; More comedy with Big Al Goodwin; Dog shooting updates; music by The Stumbleweeds.
Dr. Mitch Earleywine on cannabis and tobacco co-dependence; Del Snavely of Medical Cannabis Assoc. of ND; CA raids and convictions; music by Blue Line Highway.
Members Of Congress Demand An End To Federal Pot Possession Arrests; National MS Society Makes Recommendations Regarding Therapeutic Use Of Cannabis; The Tragic Death Of Rachel Hoffman -- And The Tragedy That Is Pot Prohibition; Interview with Rep. Barney Frank.
Pot Compound Enhances Efficacy Of Anti-Cancer Agents, Study Says; California: Nonviolent Offender Rehabilitation Act Qualifies For November Ballot; New Orleans: District Attorney Charging Minor Pot Offenders With Felonies; Kelly Maddy on Joplin MO Decrim Effort.
Marijuana Extracts Provide Superior Pain Relief Compared To Plant's Isolated Compounds; Case Study: Inhaled Cannabis Improves Symptoms Of ADHD; ONDCP Insider: Drug Czar's Office Is "Flying Blind"; Austrian Parliament Approves Medical Marijuana Use.
John Wesley Hall, president-elect of the National Association of Criminal Defense Lawyers, describes the case precendent in roadside traffic stops and search and seizure.
Seattle, Washington attorney Doug Hiatt explains the latest medical use issues in Washington State, including denial of transplant organs for medmj patients.