CONCORD, NEW HAMPSHIRE — The New Hampshire Senate Judiciary Committee will hold a hearing Tuesday to consider a bill – already passed by the House – to reduce penalties for smalltime marijuana violations.
HB 1623 would eliminate the possibility of jail time for possessing less than one-quarter of an ounce of marijuana, reducing the penalty to a maximum fine of $200. Current penalties for such a violation in New Hampshire include up to one year in jail and a maximum $2,000 fine, in addition to carrying a conviction that can bar people from opportunities including student financial aid, employment and housing assistance. The proposed change would reduce the conduct from a serious misdemeanor to a violation, which carries few collateral sanctions.
WHAT: Senate Judiciary Committee hearing on HB 1623
WHO: House bill sponsor Rep. Andrew Edwards (D-Nashua), NH Coalition for Common Sense Marijuana Policy’s Matt Simon, and Cheshire County Dept. of Corrections Superintendent Richard Van Wickler are scheduled to testify.
WHEN: Tuesday, April 22, 3 p.m.
WHERE: Legislative Office Building, Concord
The legislation received a boost recently with the release of a Mason-Dixon Polling & Research Inc., telephone survey of 625 registered New Hampshire voters showing that 53 percent of Granite Staters favor similar reform. In fact, the poll asked voters to consider an even higher threshold amount of one ounce of marijuana and a lower fine of $100. Only 34 percent of those polled opposed such reforms. The poll was conducted April 7 to 8 and commissioned by the Marijuana Policy Project in Washington, D.C., and the New Hampshire Coalition for Common Sense Marijuana Policy. It has a margin of error of plus or minus 4 percent.
Congressman Also Files Bill Permitting Medical Use of Marijuana in States that Choose to Allow it with Doctor’s Recommendation
Congressman Barney Frank today introduced bi-partisan legislation aimed at removing federal restrictions on the individual use of marijuana (HR 5843). One bill would remove federal penalties for the personal use of marijuana, and the other (HR 5842) – versions of which Frank has filed in several preceding sessions of Congress – would allow the medical use of marijuana in states that have chosen to make its use for medical purposes legal with a doctor’s recommendation. Representative Ron Paul (R-TX) joined Frank as a cosponsor of the federal penalties bill. The cosponsors of the medical marijuana bill are Rep. Paul, along with Reps. Maurice Hinchey (D-NY), Dana Rohrabacher (R-CA), and Sam Farr (D-CA).
Friday is Cannabis Community day on the Stash, and coming up after the news, we’re speaking with our regular guest Steve Bloom, the webmaster at CelebStoner.com. Steve is a former editor at High Times Magazine who helped uncover the origins of the whole “420″ subculture. (No, it’s not the California police code for marijuana smoking in progress and it’s not how many chemicals are in cannabis.) If you’re listening in Colorado, Steve will be at a Cheeba Hut store near you, autographing copies of his latest book, Pot Culture, The A to Z Guide to Stoner Language and Life.
We wrap things up today with NORML’s Founder and Legal Counsel Keith Stroup discussing Barney Frank’s groundbreaking new bill to end the prosecution at the federal level of adults who use cannabis responsibly.
Finally, don’t forget that every Saturday we’re now posting the NORML Weekend Music Stash, where you can get all of the last ten songs from our daily musical breaks in one podcast, suitable for your weekend party pleasure. If you have a band that would like to be featured on our podcast, please send us an email at stash ‘at’ norml.org.
So sit back and relax with your favorite strain and enjoy your NORML Daily Audio Stash…
“It’s time for the politicians to catch up with the public on this [issue],” Frank said. “The notion that you lock people up for smoking marijuana is pretty silly.”
Frank’s pending bill, co-sponsored by presidential candidate Rep. Ron Paul (R-TX), seeks to eliminate all federal penalties prohibiting the personal use and possession of up to 100 grams (3 1/2 ounces) of marijuana. Under this measure, adults who consume cannabis would no longer face arrest, prison, or even the threat of a civil fine. The bill also eliminates all penalties for the not-for-profit transfers of up to one ounce of pot.
NORML Legal Counsel Keith Stroup, who worked closely with Frank’s staff to draft this legislation, said, “If passed by Congress, this legislation would legalize the possession, use, and non-profit transfer of marijuana by adults for the first time since 1937.” The bill incorporates the basic recommendations of the National Commission on Marijuana and Drug Abuse (also known as the Shafer Commission).
Currently, twelve states have enacted various versions of marijuana decriminalization, eliminating criminal penalties for minor pot violations. According to federal data, passage of these laws has not subsequently led to increased marijuana use.
“This newly introduced legislation seeks to bring the federal government into line with the over 100 million Americans who currently live in a state or municipality that has already decriminalized cannabis possession,” NORML Executive Director Allen St. Pierre said today. “This year, the masses in the U.S. celebrating 4/20 really have something to rejoice, and to now lobby for.”
Similar statewide legislation is pending in New Hampshire and Vermont. Additionally, Massachusetts voters will decide on a statewide decriminalization measure this November.
As usual on Monday here on the Stash, it’s Pot and Politics day, so we’ve got our Reformer’s Calendar right after the news. Then we speak with Keith Stroup, the founder and legal director of the National Organization for the Reform of Marijuana Laws. Keith brings us some excellent news about Rep. Barney Frank, who is championing our cause by submitting a bill to end all federal criminal penalties for possession and non-profit transfer of small amounts of marijuana.
For our musical break, I’ve got a special treat for you. Saturday night I caught up with Wammo from the Asylum Street Spankers out of Austin, Texas. The Spankers are a seven-piece Americana/Folk band that are well known to the cannabis community, and they have been longtime supporters of NORML. I interviewed Wammo backstage as the band prepared for a show here at Portland’s Aladdin Theater. So today’s song, “We’re Winning the War on Drugs”, comes from the Asylum Street Spanker’s “Spanker Madness” album – an album filled with nothing but toker-friendly jams like “High As You Can Be” and “Pakalolo Baby”.
Then we’re replaying our interview with ML Mathre on this weekend’s important fifth annual Clinical Conference on Cannabis Therapeutics in Pacific Grove, California.
So sit back and relax with your favorite strain, it’s time for your NORML Daily Audio Stash.
NORML Blog » Blog Archive » NORML Partners with Rep. Barney Frank (D, MA) to Introduce Federal Decriminalization Legislation!
For the first time in nearly 25 years, NORML is spearheading a campaign in Congress to end the federal prohibition of marijuana. Congress created cannabis prohibition, and the courts say time and again to reformers: ‘Congress is the place to change marijuana laws.’Therefore, NORML has teamed up with Democratic Congressman Barney Frank of Massachusetts to draft legislation that would strip the federal government of its authority to arrest responsible cannabis consumers.
Yes indeed, for the first time in more than two decades, we will shortly have legislation in Congress that, if enacted, would end the federal prosecution of adult marijuana consumers!
Based on the recommendations of the 1972 National Commission on Marijuana and Drug Abuse (also known as the Shafer Commission), this proposal would eliminate all federal penalties prohibiting the personal use and possession of up to 100 grams (3 ½ ounces) of marijuana. Under our measure, adults who consume cannabis would no longer face arrest, prison, or even the threat of a civil fine. In addition, this bill eliminates all penalties prohibiting the not-for-profit transfers of up to one ounce of pot. In short, for the first time since 1937, the possession, use, and non-profit transfer of marijuana for personal use by adults would be legal under federal law!
Please check NORML.org and NORML’s blog for more information, as we will continue to bring you the latest news regarding this important legislation.
More prohibitionists are weighing in on the New Hampshire House passing a measure to decriminalize small amounts of marijuana. Let’s see what sort of reefer madness will justify this latest editorial:
Concord Monitor - Mistake to weaken state’s marijuana laws
The quarter ounce of marijuana the House refers to is in no way a “small amount.” In fact, a quarter ounce of marijuana can equate to 14 joints - not the seven that has been reported.
Or two joints, if you’re Dr. Bob Bitchin, Ph.D, M.A., B.A., B.M.F.… Sorry, couldn’t resist. So, exactly how is a quarter ounce rolled into fourteen joints scarier than the same quarter ounce rolled into seven joints? Is that like getting a better deal on your large pizza by cutting it into sixteen slices instead of twelve?
The Monitor cites a study done by a Harvard psychology professor in the 1970s. However the marijuana of today is not the marijuana of the 1970s. It is significantly stronger, with some reports estimating today’s strength to be five times that of a comparable amount from that time period. We have seen some types of the drug with such a high potency that “just a couple of joints” can lead to serious impairment.
The old “this ain’t your father’s Woodstock pot, this is superpot!” argument. This is often used because so many parents have tried marijuana in the past and realize it isn’t the killer weed the prohibitionists claim it is. First of all, pot today is more or less as potent as you could get in the 1970s. Secondly, THC isn’t hazardous, so more of it doesn’t equal more danger, it equals less smoking. Marijuana smokers smoke to get high. If the marijuana is potent, they smoke a little of it and get high. If it is less potent, they smoke a lot of it and get high. Since the prohibitionists also like to argue (falsely) that marijuana smoking causes lung cancer, wouldn’t smoking less of it be a good thing?
Nashuatelegraph.com: Future looks bleak for marijuana bill
By most accounts, a bill that would decriminalize possession of a small amount of marijuana in the state isn’t going any further this session, despite the surprise vote of support in the House of Representatives last week.
Gov. John Lynch already has come out on record against the legislation, and Senate Majority Leader Joseph Foster, a Nashua Democrat, has said publicly that the measure (HB 1623) has virtually no chance to make it through his chamber.
Still, Nashua’s two young sponsors of the bill – freshman Democratic Reps. Jeffrey Fontas and Andrew Edwards – can take some solace in the fact that their bill actually got as far as it did this session.
Three years ago, a bill to decriminalize marijuana possession was handily rejected by the House 295-60, while last year a similar bill never made it out of committee. So last week’s surprise 193-141 vote by the House represents quite the turnaround.
Opponents generally argued that marijuana use can lead to more serious drugs and that the bill was the first step toward making marijuana legal in New Hampshire. Others argued that it would send the wrong message to teens.That was exactly the point made by Colin Manning, the governor’s press secretary, right after the House vote.
“This sends absolutely the wrong message to New Hampshire’s young people about the very real dangers of drug use . . . If the bill were to reach the governor’s desk, which seems very unlikely, the governor would veto it.”
To be fair, there is some merit to that argument. In theory, at least, a lesser punishment could embolden some teens to experiment with marijuana who might not otherwise do so.
But in reality, states that have decriminalized marijuana have found no increase in the teen use of marijuana. We’ve even seen a decrease in the teen use of marijuana in the states that have accepted legal medical marijuana. What a surprise, it seems that the less forbidden the herb is, the less rebellious teens want to use it.
The Crypt’s Blog - Politico.com
Rep. Barney Frank will soon introduce legislation to decriminalize small amounts of marijuana, the Massachusetts Democrat said during an appearance on HBO’s “Real Time with Bill Maher.”
Frank offered no details on his legislation, and it’s not at all clear that he could ever get it to the House floor for a vote. A Frank aide was unaware of his plans other than his statement on HBO.
Frank has introduced legislation in previous years to allow the use of “medical marijuana,” although the bills never made it out of the House Energy and Commerce Committee.
Asked by Maher as to why he would push a pot decriminalization bill now, Frank said the American public has already decided that personal use of marijuana is not a problem.
“I now think it’s time for the politicians to catch up to the public,” Frank said. “The notion that you lock people up for smoking marijuana is pretty silly. I’m going to call it the ‘Make Room for Serious Criminals’ bill.”
Rep. Frank’s “States Rights to Medical Marijuana” bills have not passed in previous sessions, but he’s been diligent in submitting them every year. On Maher’s show, he expressed that he’s been in Congress for 14 terms and he feels his seat is pretty safe, so now he can go out on a limb and call for full decriminalization. Perhaps if we end up with a president who admitted “I inhaled - frequently - that was the point”, then we’ll have a better political landscape that may finally support marijuana decrim.
Scannell insisted he will not resign, saying his vote is a form of political speech protected by the U.S. Constitution. He also raised the possibility he would take legal action against the mayor or anyone who tries to strip away his job.
In a letter signed yesterday, Guinta said Scannell’s vote on the bill, which passed the House but is unlikely to become law, “permanently and irrevocably harms” Scannell’s ability to serve Manchester’s schools. The mayor argued Scannell’s resignation is necessary to “help restore the integrity” of district anti-drug policies.
“I’m focusing on the school district,” said Guinta, a Republican considering a run for governor. “We have drug policies that the district is responsible for adhering to, and the person who is responsible for public relations is taking a completely counter view. I think that is going to impact (his) credibility with parents and students.”[Scannell] currently sits on the board of directors for Makin’ It Happen, an organization that discourages children from using drugs, tobacco or alcohol.
Because, after all, if we don’t arrest and imprison young people for their use of marijuana, if we don’t ruin their chances of going to college, if we don’t put up obstacles to gainful employment, if we don’t saddle them with a criminal record for smoking a joint, we send the “wrong message”. Marijuana is harmful, kids! If you use it, it’ll ruin your chances of going to college, create obstacles to gainful employment, and could get you a criminal record!
New Hampshire’s House passing a decrim measure has sent shockwaves through the state. While the editors at the Union-Leader newspaper tremble at the notion, over at the Nashua Telegraph a man uses the debate over the bill as a teachable moment for his daughters.
Nashuatelegraph.com: Pot bill an education for this man’s daughter
Although the House of Representatives has taken the bold step of passing the measure, it is already being called dead on arrival in the Senate. If it passes that hurdle, the governor will surely uncap his veto pen because he feels that relaxing penalties for simple possession of marijuana “sends absolutely the wrong message to New Hampshire’s young people about the very real dangers of drug use.”
My older daughter raises a brow. Her confusion is understandable, since as home-schoolers, they get their messages not from the government but from responsible parents and mentors.
Marijuana is but one of many temptations she and her sister will face along the way – temptations that warrant their staunch rejection, at the very least, until they have physically matured. Once they reach adulthood, they will be free to make reasoned decisions about what substances they may put in their bodies. Or will they? As adults in America, they will be free to get themselves hopelessly addicted to tobacco, and they will be free to poison themselves with alcohol.
But as an adult citizen, if they use cannabis tincture to quell premenstrual discomfort the way Queen Victoria did, they will risk losing their rights and freedoms.
My daughters know that last year we spent over $40 billion fighting the war on cannabis and that over 800,000 Americans were arrested for the victimless crime of simple possession. They also know that although no one has died from an overdose, cannabis is not a substance children should experiment with.
Against expectations, the New Hampshire House passed a bill that would decriminalize the possession of small amounts of marijuana. This shocking development brought out the following editorial from the state’s largest newspaper, the Union-Leader. It’s almost funny that the editorial is some boilerplate reefer madness that we’ve read a thousand times before:
Start with the ad hominem attack that equates any rational change in drug policy to the crazed ravings of the intoxicated. “What were they smoking?” I don’t know, what are the editors of the Union-Leader drinking?
CONCORD, NEW HAMPSHIRE — House members today defied expectations and passed a bill to reduce the penalties for possessing small amounts of marijuana, 193-141, overriding the recommendation of the Criminal Justice and Public Safety Committee, which voted HB 1623 “inexpedient to legislate” last month.
Sponsored by Reps. Jeffrey Fontas (D-Nashua), Andrew Edwards (D-Nashua) and Charles Weed (D-Keene),
Seriously? Chuck Weed sponsored the bill to decriminalize marijuana? That’s funny… it would be like scientists named Blow, Fried, and Earleywine issuing research on cocaine, marijuana, and alcohol… what? There are and they did?
HB 1623 makes possession of up to a quarter ounce of marijuana a violation punishable by a maximum fine of $200.
Lawmakers consider marijuana legalization
BOSTON — The Legislature’s Joint Committee on the Judiciary meets today for a hearing on whether to decriminalize marijuana.
The Legislature is constitutionally required to conduct a hearing on the Committee for Sensible Marijuana Policy (CSMP) initiative that creates a civil penalty and fine system for individuals possessing up to an ounce of marijuana.
The initiative, House bill No. 4468, is titled “An Act Establishing a Sensible Marijuana Policy for the Commonwealth.”
According to Whitney A. Taylor, the CSMP campaign manager, “by creating a civil penalty system for possession of up to an ounce of marijuana, the initiative will greatly reduce the human and financial costs of current laws. Massachusetts’ taxpayers spend $29.5 million a year just to arrest and book these offenders. Even more costly is the creation of a criminal record for the approximately 7,500 offenders arrested every year.”
Criminal records are entered into the Criminal Offender Record Information (CORI) database and result in lifelong punishment, potentially making an individual ineligible for student loans, creating barriers to employment, and barring individuals from many housing opportunities, Taylor said.
Interesting choice of headline, huh? “Marijuana Legalization”, even though lawmakers are considering “decriminalization”. Last I checked, you don’t get a “civil penalty” - a.k.a. “a fine” - for doing something legal. That’s just one of the subtle ways traditional media shows bias against reforming marijuana laws. A large majority of Americans favor “fine only” penalties for recreational marijuana use, but less than half favor “legalization”.
A vote is expected later today on HB 1623 — a bill reducing penalties for possessing less than .25 ounces of marijuana from a class A misdemeanor (punishable by a fine of up to $2,000 or up to a year in jail) to a violation punishable by a $200 fine.
HB 1623 is currently being considered by the Criminal Justice and Public Safety Committee. The subcommittee met Feb. 14, and the bill emerged from the subcommittee with a recommendation of “Ought to Pass” (OTP).
Next, the whole committee (20 reps) will vote on the bill in an executive session today, or perhaps Wednesday or Thursday. From there, the bill goes to the floor with a recommendation of OTP or ITL (”Inexpedient to Legislate”) from the full Criminal Justice and Public Safety Committee. This recommendation will carry a lot of weight with the full house (400 reps), so we are very focused on earning a positive recommendation from the committee.
We are optimistic about our prospects of earning an OTP from the committee, but the vote may be very close. It would certainly help for these representatives to hear from you, especially if you live in one of their districts. Contact info for the 20 reps can be found at NHCommonSense.org.
WINDHAM, NH — Retired Salem police Officer John Tomassi is among a handful of police officers who believe the criminal penalties for marijuana possession are too severe.
Tomassi, a Windham resident, is testifying in support of a New Hampshire bill to decriminalize small amounts of marijuana. If passed, people caught with a quarter ounce of pot would receive a ticket and a maximum $200 fine.
Attempts to legalize marijuana have failed in the past. But last week, a House subcommittee passed this bill 3-1 with some amendments….
Tomassi, who now teaches economics at Bentley College, sees the problem from both an economic and law enforcement perspective.
Legalization would not end the nation’s drug problem but it would stop the violence, he said. Last year, 1.8 million people were charged with drug crimes, Tomassi said.
“You would like to think most of them were major drug dealers,” he said. But most were charged with marijuana possession. Tomassi said drug dealers fear the legalization of drugs, which would dry up their profits and put them out of business. He draws a parallel between the current situation and crime during Prohibition.
Police officers are often on our side when it comes to reducing the penalties for personal marijuana possession. They are the ones on the front lines of the drug war who see firsthand that prohibition is a costly failure. They’d much rather be busting people for real crimes, but the laws require them to harass and arrest people who use marijuana. And what kind of message do we send to kids when we arrest more people for growing or possessing a non-toxic plant than we do for all violent crimes combined?
Many fine activists are working hard to free up police resources for serious crimefighting by eliminating the laws against marijuana possession. Be sure to check out today’s Audio Stash and hear our interview with one such activist, Matt Simon from the New Hampshire Coalition for Common Sense Marijuana Policy.
MONTPELIER, VERMONT — It’s on to the Vermont House now for a bill that would relax penalties on Vermonters caught with small amounts of marijuana.
The Vermont Senate gave final approval to the bill Thursday after defeating an amendment that would have given prosecutors the decision-making power over whether minor cases should be sent to court diversion.
ith up to an ounce of marijuana. Opponents said the bill sends the wrong message to young people, while supporters said it would match state law with the existing practice of prosecutors.
CONCORD, NEW HAMPSHIRE — A House subcommittee yesterday approved a bill to reduce the consequences of possessing small amounts of marijuana. The Criminal Justice and Public Safety subcommittee voted 3-1 to reduce to a violation, punishable by a $200 fine, possession of less than one-quarter ounce of marijuana. It is not clear when the full committee will vote on the bill.
Current law makes possession of marijuana a misdemeanor, which carries a fine and criminal record upon conviction. A violation would not mean a record, Rep. David Welch, R-Kingston, said.
“Young folks who aren’t always making intelligent choices could screw up their chances at a Pell Grant for college later on,” under current law, he said.
While we prefer outright re-legalization of the herb, it will take incremental steps to get the public to go along. Decrim at least removes the threat of arrest and all the ancillary harms from arrest for responsible adult cannabis consumers.
Pass the Stash: win 311+Snoop tix; Dr. Mitch Earleywine on teens + marijuana = nature?; Paul Armentano on "whole plant" Italian medmj study; music by Dubmatix.
Massachusetts: Pot Decrim Initiative Qualifies For November Ballot Measure Would Replace Criminal Penalties With A $100 Fine; Congress Moves Forward On Cannabis 'Candy' Crackdown; Rhode Island: Governor Vetoes Bill To Study Feasibility Of State-Licensed 'Compassion Centers'; Hawaii: Governor Vetoes Medical Marijuana Task Force Measure.
US Leads The World In Illicit Drug Use; US Drug Enforcement Administration ‘Celebrates’ 35 Years Of Failure; Marijuana, Cocaine Have Contrasting Effects On Driving Performance, Study Says; Loretta Nall on AL judge's son's special treatment for felony drug charges.
Oral Pot Preparation Effective For Depression, Journal Reports; New Zealand: Most Pot Consumers Not Frequent Users; Cannabis Agonist Reduces Non-Hodgkin Lymphoma Tumor Growth, Study Says; California: County Officials Finalize Mendocino Vote Count; Interview with Mason Tvert on proposal of cannabis smoking lounges in Denver airport to combat air rage incidents with alcohol.
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.
