Burlington Free Press.com
MONTPELIER — The Vermont Supreme Court today ruled that a helicopter surveillance of a man’s property during a marijuana investigation violated his constitutional right to privacy that includes the airspace above a person’s home and property.

The case involved a man who was convicted of felony possession and cultivation of marijuana.

In the 4-1 decision, the court concluded that the National Guard helicopter that flew over the man’s property in the Goshen area to detect marijuana cultivation flew too low — at 100 feet above the ground for up to 30 minutes — and was “an unreasonable intrusion of privacy that triggers constitutional protection.”

Gee, you think a half-hour of chopper hovering over your home might be a bit intrusive?  Good work, Vermont Supreme Court!  Now if you could apply the same logic of intrusion to forcing Vermonters to have to pee in front of a stranger to get a job…

What galls me about the story is the words “National Guard helicopter”.  Up to 1,500 Vermonters of its 4,000-strong National Guard have served in Iraq and Afghanistan over the past five years.  Regardless how you feel about those wars, I can’t imagine that those Vermonters in the Middle East dealing with day-to-day equipment shortages, low manpower and resources feel too proud of their equipment being used back home to bust pot gardeners.  Just how many Vermont taxpayer dollars and National Guard manpower hours are being wasted to discover clandestine ganja growsites?

Download the NORML Daily Audio Stash for 2008-02-26

Remember, the government estimates that there are millions of Americans that have smoked marijuana in the past month. Congressmen are known to change their votes when they get a few hundred calls about an issue. If Congress had to hear a million phone calls asking for an end to adult marijuana prohibition, it would be a reality. Call your Congress at 202-225-3121 – they’ll ask your zip code and put you in touch with your elected officials. It still is a government of We the People, but you have to step up and do your part.

Tuesday is Government at Work day on the podcast, and coming up after the news, we take a look at marijuana related bills from around the country. Then we talk with NORML Deputy Director Paul Armentano about the recent conference on drugged driving held in Washington DC by the American Academy of Forensic Sciences.

Next we get our groove on with a British jam band called Giles and their song, “Freedom”. Then it’s on to my interview with Fort Lauderdale criminal defense attorney Norm Kent about his recent article, “Pushing 60 with Pot”, and his thoughts on growing older in the cannabis community.

So sit back and relax with your favorite strain – this is the Daily Audio Stash.

The supporters of prohibition reform have marijuana-related legislation pending in Hawaii, Vermont, Hew Hampshire, California, New Jersey, Missouri, and Maryland. Here are the details:

Hawaii: The House Health Committee passed HB2675 HD1 Relating to Medical Marijuana with the following provisions:

1. Increase the adequate supply from 7 plants to 14 plants (deleting reference to mature and immature plants) and allowing one ounce of usable marijuana per plant.
2. Establishing a task force within the UH College of Tropical Agriculture to study safe growing facilities, seek possible solutions to inter-island transportation of medical marijuana. It also names who should be on the task force.

Vermont: The Senate gave final approval to Senate Bill 238. As amended, SB 238 would replace existing criminal sanctions outlawing the possession of up to one ounce of cannabis with civil sanctions punishable by a fine, but no criminal record.

The House Agriculture Committee recently passed legislation, House Bill 267, that seeks to define industrial hemp as an “agricultural product” and establish regulations for its production by state-licensed farmers.

Full Story

MONTPELIER, VERMONT — The Vermont Senate voted last Wednesday to scrap jail terms for first- or second-time offenders caught with up to an ounce of marijuana, giving initial approval to a bill that would give those people fines or send them to court diversion. Debate on whether to give the bill initial approval — which the Senate ended up doing on a 22-7 roll call vote — prompted a wide-ranging discussion of marijuana policy, about the message the legislation would send to young people, and about whether laws against marijuana were causing more harm than the drug itself.

Sen. Dick McCormack, D-Windsor, introduced his comments on the topic with a bit of humor.

“I’m not so naive as to think that marijuana is a completely harmless drug,” he said. “It’s responsible for some of the worst poetry every written. And as a musician, I can tell you it wreaks havoc on the drummer’s ability to keep the tempo.”

But he added, “The harm that is done to actual people’s lives because they’re pot smokers is not done by pot-smoking. The harm that comes to people’s lives because they’re pot smokers comes from the state. The problems in their lives do not come from lighting up a joint. It comes from getting caught.”

Critics of the bill said it would send the wrong message at a time when the state is grappling with a growing problem with use and abuse of harder drugs.

Current Vermont law calls for those caught with up to two ounces of marijuana to be given up to six months in jail and up to a $1,000 fine.

The bill before the Senate Wednesday would give those caught with up to one ounce a choice: They could either pay a $500 fine — $750 on a second offense — and have a criminal record, or they could go to a court diversion program, which would result in no criminal record but likely would require counseling and community service.

It’s good to see the remarks from Senator McCormack. As a musician, I have to disagree a bit about the drummer’s timing remark. I think we could easily say that marijuana helped inspire some of the greatest songs and greatest musicians of all time. But he’s right about the harms from marijuana. As my musician father once told me, the worst side effect of marijuana is prison.

Pot Decriminalization Bill Approved In State Senate

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.

New Hampshire Subcommittee Approves Pot Decriminalization Bill

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.