If it's a girl, sativa blunts. If it's a boy, indica blunts.

UNIONTOWN, Pa. (AP) — Police say a new father faces drug charges because he lit up a marijuana joint, instead of a cigar, to celebrate his child’s birth at a western Pennsylvania hospital.

Police aren’t identifying the man found smoking the pot in a designated smoking area of Uniontown Hospital Tuesday morning, but say he’ll face marijuana possession charges.

Uniontown police Sgt. Jonathan Grabiak tells the Pittsburgh Tribune-Review that a nurse smelled the marijuana when she took a cigarette break in the same area, and a hospital security guard called police about 3:20 a.m.

Grabiak says the man told him, “I’m having a baby and wanted to get a buzz” and then pulled a bag of marijuana from his shoe.

This is why some people fear marijuana legalization.  They fear that it means random dudes will be smoking spliffs outside every building alongside the cigarette smokers.  They fear their kid asking “what’s that funny smell?” when they walk through the park to the playground.

I’m not saying their fear is justified, I’m just saying it exists.  In order to legalize marijuana, we are going to have to address their fears of public use.  Certainly lighting up a joint in the public smoking area of a hospital in Western Pennsylvania is not going to win us many converts.

I was going to be a bit more sympathetic to the guy until I read that he willingly handed over the bag of weed in his sock.  Never consent to a search, even if you’re caught red-handed smoking pot at the hospital!

Minimum amounts of marijuana you need to possess in order to be considered a felon in the United States

Since I’m in a map-making mood, I present to you my newest creation – the Marijuana Felony Possession Minimums Map, generated with our data from the NORML State Database.

The minimum amount necessary to trigger a felony charge is color-coded from the extreme low end of 20 grams in purple, to 1 ounce amounts in red, quarter pounds in orange, one pound in yellow, and a full kilogram (2.2 pounds) in dark green.  This means a scant ¾ of an ounce makes you a felon in Florida, but it takes a full pound in Utah to be a felon, and Alabama won’t consider you a felon until you have a kilogram.

Some states that are lenient on the first offense of possession aren’t so understanding on the second.  Louisiana, Oklahoma, Kansas, and Wisconsin will consider you a felon for possessing any amount of marijuana if it is your second offense.

Other states may not be colored and are still gray.  These are the states that don’t have felony possession charge in statute; all possession is a misdemeanor.  However, in those states it is highly likely that large amounts would be prosecuted as felonies for intent to sell.

Finally, states that have decriminalized personal possession are bordered with bright green.  In these states, possession of less than 1 ounce (100 grams in Ohio) is not even a misdemeanor, but rather a civil infraction with a fine and no jail time and no criminal record.  However, in those states sometimes other charges are used to bring about a misdemeanor and arrest (like New York, where suspects are coaxed into displaying the marijuana in public, which is a misdemeanor, or Massachusetts, where suspects holding paraphernalia are charged with a misdemeanor for that.)  Also many decriminalized states will suspend one’s driving privileges for possession, which is an administrative action

What the hell is going on in Crestview, Florida? Are they running some sort of “blabber to the police” special I haven’t heard about?  Is there some sort of mad cow disease running rampant among the young?  Have evil scientists secretly created bud hybrids than make you extra stupid?

(NW Florida Daily News) CRESTVIEW — Police executing a search warrant were told by the suspect they had “missed it” and he had just sold all of his marijuana, according to a Crestview Police Department arrest report.

When officers stopped Justin Ray Smith, 19, on April 17, he said he had sold “somewhere between one to three pounds about six hours ago,” the report said. They recovered about $2,700, of which $1,100 was from that sale, Smith told officers, according to the report.

Smith also said he had several baggies of marijuana in his room and he owned a digital scale. Officers also found a black duffel bag that Smith told officers had held 3½ pounds of marijuana.

He was charged with felony possession with intent to distribute and possession of drug paraphernalia.

Wait, they “stopped” Smith?  That doesn’t sound like executing a search warrant, that sounds like pulling someone over in a traffic stop, a cop asking, “smells funny, got weed?” and a damn fool saying, “Naw, I just sold it”, which then leads to a search warrant.  That’s a five year, $5,000, loss of voting rights, felony record lesson to learn.

(NW Florida Daily News) CRESTVIEW — After pulling over a driver known not to have a valid license, a Crestview Police Department officer noticed that both the driver and the passenger appeared “very nervous.”

When the officer asked them if they had anything in the vehicle like weapons or drugs, the driver, Kendal J. Watkins, said he had marijuana.

The 21-year-old Crestview man then began pulling baggies of marijuana out of his pockets and the groin area of his pants, according to his arrest report.

He was charged with felony possession of marijuana with intent to sell.

So, you’re going to go out with trousers full of separately packaged doobage, driving a car while you don’t have a valid license.  Please tell me your passenger didn’t have a license, lest I have to browbeat you for not making him/her drive.  Not much he could’ve done here; the police would’ve taken him in for the driving without a license and found the weed anyway… but that doesn’t mean you make the policeman’s job easier!  Shut up and a refuse a search!  You don’t get any more busted when the cops find the weed you never mentioned and despite what they say, it won’t “go easier” on you if you hand them over evidence and confess to crimes (easier for them, sure).  Cha-ching, five years, $5,000.  Next!

(NW Florida Daily News) CRESTVIEW — Crestview police arrested a man recently when he stepped out of a car covered in marijuana residue.

Upon further investigation they also found baggies packaged for sale, an April 17 police report said.

The driver of the car told officers that his passenger, James Knight, had to have brought the noxious herb into the car.

“James must have had the marijuana with him, otherwise I wouldn’t have given him a ride,” the man told officers, according to the incident report.

Knight, 30, was charged with possession of marijuana with intent to distribute, resisting arrest and possession of less than 20 grams of marijuana.

Covered in marijuana residue?  Were you rolling a joint on the dashboard and hit a bump?  What the hell is going on in Crestview, Florida?  Please, Northwest Floridians, send me an email at chapters@norml.org and let’s get you a NORML Chapter to start educating these people about their rights!

(CBS) So far, there hasn’t been much negative reaction to the photo showing Olympic gold medalist Michael Phelps smoking what appeared to be marijuana. 

A few years ago, it might have ruined his career, but so far it hasn’t — perhaps a sign of changing attitudes.

The seeming lack of outrage… may reflect America’s changing attitudes towards marijuana – an estimated $30 billion dollar industry in the United States alone.

While a majority of Americans still oppose the legalization of marijuana use, a new CBS News poll shows a big swing in opinion in recent years.

Twenty-seven percent supported legalization in 1979; 41 percent support it today.

Understand that when you get “41% support legalization”, that’s over 2 out of 5 people when asked, “Should marijuana be legalized” who will say “yes.”  That’s without any explanation of how, where, when, or for whom it will be legalized, so that includes the spectrum from “fine-only possession, jail for sales, cultivation, and trafficking” to “pre-rolled joints at the convenience store”.

When you change the question to actually define what you mean by “legalization”, the numbers rise.  In a 2001 Zogby poll, ten weeks after 9/11, we found:

In light of the tragic events of Sept. 11th and the increased attention to the threat of terrorism, do you strongly support, somewhat support, somewhat oppose, or strongly oppose arresting and jailing nonviolent marijuana smokers?

Do you strongly support, somewhat support, somewhat oppose, or strongly oppose the use of federal law enforcement agencies to close patient cooperatives in California and other states where medical marijuana is legal under state law?

Then in 2002, CNN/TIME Magazine commissioned a poll to look at marijuana issues:

Do you favor or oppose the legalization of marijuana?

Do you favor or oppose the legalization of marijuana? What about in small amounts, for example three ounces or less? Do you favor or oppose the legalization of marijuana in small amounts?

Assuming marijuana is not legalized, do you think people arrested for possession of small amounts of mairjuana should be put in jail, or just have to pay a fine but without serving any jail time?

Do you think adults should be allowed to legally use marijuana for medical purposes if their doctor prescribes it or do you think that marijuana shouldremain illegal even for medical purposes?

When you start throwing in the idea of controlling cannabis sales through taxation and regulation like liquor stores, the legalization idea gets better support.  Zogby asked in 2003 and in 2006:

Do you support amending federal law to let states legally regulate and tax marijuana the way they do liquor and gambling?

In 2003, nationwide support for tax & regulate was only 41%, by 2006 it had risen five points to 46%. On the coasts, majorities favor taxing and regulating marijuana similar to hard liquor (53% East Coast, 55% West Coast).

Finally, when we look at medical use of marijuana, state by state, we find no state below 60% in their support for medical marijuana:

So, is Michael Phelps “getting off easy” because he is a superstar athlete or because most Americans don’t consider marijuana use to be taboo and detrimental anymore?

Download the NORML Daily Audio Stash for 2009-02-02

Download audio file (NORML_Daily_AudioStash_2009-02-02.mp3)

Well, wasn’t THAT one hell of a Super Bowl?  I was pulling for the Cards and thought my 23-21 Steelers-miss-last-second-FG prediction was going to be pretty darn close.  But what do you know, a stoner goes and catches the game winning last minute touchdown and is voted MVP.

Well, wasn’t THAT one hell of a Super Bong?  Michael Phelps was pulling from a big ol’ piece of glass without remembering that cell phone cameras exist now and he is the most famous Olympian on the planet.  But what do you know, a stoner went off to Beijing and became the only human to win eight gold in one Games.

Well, wasnt’t THAT one hell of a Super Bhang?  George Obama was pulled out of a Nairobi slum and was headed to the slammer for possession of marijuana and resisting arrest.  But what do you know, a stoner gets released from jail with charges dropped because his half-brother (a stoner) went and got elected President of the United States.

(It’s Groundhog Day.  Sonny & Cher keep playing on my radio.)

On today’s Stash, Allen St. Pierre drops by to give his take on the toker trifecta we hit this Super Bowl weekend, and Kelly Maddy from Jopin NORML is here to discuss medical marijuana legislation in Missouri.

UPDATE: Based on reporting from a Stasher in the Comments, it seems the Rachel Morningstar Hoffman story will air on Dateline NBC this Friday, Jan 23, at 10pm ET.  Unless, of course, a plane lands in a river. — “R”R

Don’t miss tonight’s Dateline NBC (10pm ET/PT, 9pm CT/MT) for their full hour of coverage of the case of Rachel Morningstar Hoffman.  She was a 23-year-old FSU grad who was killed during a botched drug sting last May.  She had to go on an undercover buy/bust operation as part of her plea deal for minor possession of cannabis.  The cops lost track of her, and her body was found a few days later.

Or not.  Looks like we get one-hour of thrilling coverage of the airplane that landed in the Hudson River.  You know, the story where NOBODY died?  The story that directly impacts perhaps a couple hundred of people?  It’s much more important to cover a story about a 1-in-11 million risk faced by the 11% of the population that travels by air.  One dead Florida girl who sold pot and was murdered due to police negligence in a drug sting with two known violent felons?  We’ll get to that when there’s nothing more important going on.

You can tell Dateline NBC what you think about the programming change at Dateline@NBCUNI.com.

The host of the nationally syndicated radio show Free Talk Live, Ian Freeman (Bernard), has been threatened with 90 days imprisonment for writing about and attending a protest of the drug laws.  Earlier this year, Ian was dragged into court because his tenants had a couch in the yard. Ian did not sit fast enough for Judge Burke and was given 90 days for contempt of court, plus thee days in jail for the couch “offense.” After the three days in jail, Judge Burke suspended the 90 days and released Ian. One of the conditions of release was Ian demonstrating “good behavior.” Now, for writing about, and talking about Andrew Carroll’s marijuana civil disobedience, in addition to attending the protest, Ian is being charged with “Criminal Liability for the Conduct of Another” and could have the 90 day sentence reinstated even if he is never convicted for the Criminal Liability.

This case could have serious repercussions for freedom of speech and freedom of the press in this country, if reporting on a “crime” can be construed as aiding the “crime.” The freedom to petition the government for redress of grievances is also at risk here.

via Keene Talk Show Host Threatened with Imprisonment for Speaking out Against Drug War | New Hampshire Free Press.

We will bring you my interview with the subject of Ian’s report, Mr. Andrew Carroll, on tomorrow’s Daily Audio Stash.  Carroll’s civil disobedience consisted of announcing he would be in possession of marijuana on the steps of the county courthouse.  Carroll doesn’t use marijuana, nor did he sell it to anyone, and he invited police to come arrest him for this possession as an act of civil disobedience in protest of his state’s and our nation’s unjust marijuana laws.

Clifford Long’s constitutional saga began in September 2005 when he was a passenger in a car stopped by police for a seatbelt infraction.

The officers conducted a search, allegedly found $40 worth of marijuana and Long joined the ranks of the more than 40,000 people still charged each year across Canada for simple possession of cannabis.

Long was acquitted in July 2007 when provincial court Justice Howard Borenstein accepted an argument by Long’s lawyer that Canada’s marijuana possession laws were unconstitutional because of flaws in the medical marijuana regulations.

Earlier this year, a Federal Court of Canada judge also found the medical marijuana regulations to be unconstitutional, a decision that is under appeal.

That got me to Googling, because I couldn’t figure out how a medical marijuana regulation would affect a non-medical possession case.

HELD: The provisions respecting the criminalization of the possession of marijuana were declared unconstitutional in the absence of an accompanying constitutionally acceptable exemption for medical marijuana. The current exemption depended on the government supplying marijuana, which it was only doing as a result of the policy. However, the policy did not impose a legal obligation upon the government to supply marijuana to those who needed it for medical purposes. The court held that without such an obligation, the exemption was constitutionally unacceptable, as access to marijuana depended on the implementation of a policy rather than the application of a law. If the government wanted to control the supply of marijuana, it had to impose an obligation upon itself to supply marijuana to eligible persons. The court held that if the government was obliged by law to supply marijuana in accordance with the policy, the exemption would be constitutionally acceptable.

If I am reading this correctly (and I may not be – I’m no lawyer, and certainly even less familiar with Canadian law), it breaks down like this:

• There’s a law against possessing marijuana.
• However, you have a right to use medical marijuana.
• So how do you know that the marijuana possessor isn’t using it medically?
• The government said it will supply the marijuana to medical users, that way, anyone possessing non-government marijuana will be criminal.
• But hold on – government only made that a policy.  There’s no law that says they have to supply medical marijuana.
• If there’s no law requiring government to supply medical marijuana, then government’s not bound to supply medical marijuana.
• If government’s not bound to supply medical marijuana, then medical users have no choice but to obtain it illegally.
• Thus, since there is no legal way for medical users to assert their right, the law preventing them from doing so is null and void.

Even though the decision in the Long case isn’t binding upon Canadian law, provincial judges in Ontario have stopped accepting guilty pleas in minor marijuana possession cases.  The government in Ottawa wants to get this resolved by appealing the case, but there are some strange twists in tale as well:

The federal government quickly filed an appeal of Borenstein’s ruling last summer, but Long’s former lawyer is under administrative suspension by the body that regulates the profession in Ontario. “I have been told he no longer practices law,” Long said.

Meanwhile, his current lawyer, retained to represent him on the charges that led to him being in custody, isn’t returning his calls. “I want to fire him,” the defendant said.

Another lawyer from that firm arrived in court eventually to say she knew little about the case, but would be willing to represent Long if he receives legal aid.

Frank instructed Long to take more steps to try to get funding, but pointed out Long may have to represent himself in the case.

“The administration of justice requires that we get on with this,” said Frank.

And there is the ultimate irony – that the fate of Canada’s pot possession laws may rest on the legal self-defense of one heavily-tattooed 30-year-old Canadian man with no professional legal knowledge or experience.