At Least 1 – 1.5 Million Americans are Legal Medical Marijuana Patients

Market for these patients in sixteen states and D.C. estimated at between $2 – $6 billion annually

MAY 31, 2011 - We don’t know his or her name, but somewhere in one of sixteen states and the District of Columbia is America’s 1,000,000th legal medical marijuana patient. We estimate the United States reached the million-patients mark sometime between the beginning of the year to when Arizona began issuing patient registry identification cards online in April 2011.

16 states, the Capitol, and ONE MILLION legal marijuana users.

Between one to one-and-a-half million people are legally authorized by their state to use marijuana in the United States, according to data compiled by NORML from state medical marijuana registries and patient estimates.  Assuming usage of one-half to one gram of cannabis medicine per day per patient and an average retail price of $320 per ounce, these legal consumers represent a $2.3 to $6.2 billion dollar market annually.

Based on state medical marijuana laws, the amounts of cannabis these legal marijuana users are entitled to possess means there is between 566 – 803 thousand pounds of legal usable cannabis allowed under state law in America.  These patients are allowed to cultivate between 17 – 24 million legal cannabis plants.  There may possibly be more, as California and New Mexico “limits” may be exceeded with doctor’s permission and some California counties explicitly allow greater amounts, so there may be as much as 1 million pounds of state-legal cannabis allowed under state law in America.

Yet after fifteen years, one million patients, and a million pounds of legal marijuana, few if any of the dire predictions by opponents of medical marijuana have come to fruition.  Medical marijuana states like Oregon are experiencing their lowest-ever rates of workplace fatalities, injuries, and accidents.  States like Colorado are experiencing their lowest rates in three decades of fatal crashes per million miles driven.  In medical marijuana states for which we have data (through Michigan in 2008), use by minor teenagers is down in all but Maine and down by at least 10% in states with the greatest proportion of their population using medical cannabis.

Fourteen of the seventeen medical marijuana jurisdictions have mandatory registries while two (California and Colorado) offer optional registries and one (Washington) has no registry system.  Estimating California’s patient numbers is hampered by its registry system being on a county-by-county basis.  California NORML’s Dale Gieringer estimates between 2% – 3% of the state’s population are holding medical marijuana recommendations – meaning possibly over one million medical marijuana patients in California alone.

California’s patient population can be estimated from data from other medical marijuana states where patients are required to register, shown in the table below. The top two of these are Colorado and Montana, which, like California, have a well developed network of cannabis clinics and dispensaries, and which report usage rates of 2.5% and 3.0%, respectively. Other states, where medical marijuana is less developed, report lower rates of 1% and less. However, California is likely to be on the high side because it has the oldest and most liberal law in the nation. Significantly, California is the only state that permits marijuana to be used for any condition for which it provides relief – in particular, psychiatric disorders, such as PTSD, bipolar disorder, ADD, anxiety and depression, which account for some 20%-25% of the total patient population. Adjusting for this, usage in California could be as much as 25% to 33% higher than in Colorado and Montana, which would put it well over 3% of the population (1,125,000).

A 2%+ patient population estimate is supported by data from the Oakland Patient ID Center, which has been issuing patient identification cards to its members since 1996. The OPIDC serves patients from all over the state, but especially the greater Oakland-East Bay area of Northern California, where its cards are honored by law enforcement. As of 2010, the OPIDC had issued ID’s to 19,805 members from five East Bay cities (Oakland, Berkeley, Alameda, Hayward and Richmond), amounting to 2.4% of the local population.Because the cards were issued over a period of 14 years, they include numerous patients who have lapsed, moved, or deceased. On the other hand, they do not include many other local patients who have current recommendations but never registered with the OPIDC.

We have made a similar estimate for Washington State’s patients, who are the only ones in the nation with no registry system in place (Gov. Gregoire recently signed a bill that initiates a voluntary registry).  With a law very similar to Oregon’s concerning qualifying conditions, applying Oregon’s 1.04% patient population figure gives us about 69,000 patients in Washington. However, Washington State’s larger urban centers (Seattle and Spokane), combined with a more liberal law than Oregon’s regarding who can sign recommendations (osteopaths, naturopaths, and nurse practitioners can recommend in Washington) and the lack of a state registry’s burden to patient compliance with the program suggests a higher estimate of 1.5% – 2% may be appropriate.  Numbers like Colorado’s 2.5% and Montana’s 3% are improbable as Washington lacks the greater patient access to dispensaries seen in those states.

Delaware, New Jersey, and D.C.’s programs are not operational yet, so they are not shown in our data table.  Most of the other state’s programs produce reports of patient registry numbers.  With Arizona signing up over 3,600 patients since mid-April, when it’s online-only registration went into effect, Arizona is on track to register over 30,000 patients this year.

Quick Facts about Medical Marijuana States:

• The 1.1 – 1.5 million estimated and registered medical marijuana patients in America are legally entitled to cultivate 17 – 24 million cannabis plants and possess 283 –  402 tons of harvested buds.
• The seventeen jurisdictions with medical marijuana encompass over 90 million Americans and 162 votes in the 2012 Electoral College.
• Patients make up over 3% of the population of Montana, almost 2.5% of Colorado, over 2% of California. and over 1% of Oregon, and Washington.
• After Michigan at 0.76% of population, every other medical marijuana state has less than 3 in 1,000 (0.3%) patients in its population.
• California, Colorado, Washington, Michigan, Oregon, and Montana comprise over 98% of the legal medical marijuana patients in America.
• More than 3 out of four (77% – 83%) of all medical marijuana patients live on the West Coast.
• Rhode Island and Vermont, two states where over 10% of the adult population uses marijuana monthly, have patient populations of 0.29% and 0.05%, respectively.
• Monthly teen use of marijuana is down in every medical marijuana state except Maine.
• Annual highway fatalities are down in every medical marijuana state except Rhode Island.
• Incidents of workplace injuries and illnesses are down in every medical marijuana state.

So this is your administration on drugs. Any questions?

Obama drug plan ‘firmly opposes’ legalization as California vote looms
via The Hill

The Obama administration said Tuesday that it “firmly opposes” the legalization of any illicit drugs as California voters head to the polls to consider legalizing marijuana this fall.

The president and his drug czar re-emphasized their opposition to legalizing drugs in the first release of its National Drug Control Strategy this morning.

“Keeping drugs illegal reduces their availability and lessens willingness to use them,” the document, prepared by Drug Czar Gil Kerlikowske, says. “That is why this Administration firmly opposes the legalization of marijuana or any other illicit drug.”

Is anyone surprised? You shouldn’t be. After all, this is the same Gil Kerlikowske that has said repeatedly that legalization is not in his vocabulary, and publicly stated, “Marijuana is dangerous and has no medicinal benefit.” And this is the same administration that recently nominated Michele Leonhart to head the DEA — the same Michele Leonhart who overruled the DEA’s own administrative law judge in order to continue to block medical marijuana research, and publicly claimed that the rising death toll civilians attributable to the U.S./Mexican drug war “a signpost of the success” of U.S. prohibitionist policies.

Yet, given that national polls now indicate that an estimated one out of two Americans nationwide support legalization, and that a solid majority of west coast voters and Californians back regulating the retail production and distribution of pot like alcohol, it seems politically counterproductive for the administration to maintain such a ‘flat Earth’ policy. So what could possibly be their reasoning?

It’s actually spelled out here, in the White House’s 2010 Drug Control Strategy:

We have many proven methods for reducing the demand for drugs. Keeping drugs illegal reduces their availability and lessens willingness to use them. That is why this Administration firmly opposes the legalization of marijuana or any other illicit drug. Legalizing drugs would increase accessibility and encourage promotion and acceptance of use. Diagnostic, laboratory, clinical, and epidemiological studies clearly indicate that marijuana use is associated with dependence, respiratory and mental illness, poor motor performance, and cognitive impairment, among other negative effects, and legalization would only exacerbate these problems.

There it is in black and white — in less than 100 words: The federal government’s entire justification for marijuana prohibition; their entire justification for a policy that has led to the arrest of over 20 million Americans since 1965, that is responsible for allowing cops to terrorize families and kill their pets, that has stripped hundreds of thousands of young people of their ability to pursue higher education, and that is directly responsible for the deaths of over 20,000 civilians on the U.S./Mexico border. And that’s just for starters.

Yet the entire premise for maintaining the government’s policy — that keeping marijuana criminally prohibited “reduces [its] availability and lessens willingness to use [it]” — is demonstrably false. Under present prohibition, more than 1/3 of 8th graders, more than 2/3rds of 10th graders, and some 85 percent of 12th graders say that marijuana is “easy to get.” Even according to the stridently prohibitionist group CASA (National Center on Addiction and Substance Abuse at Columbia University), more teens say that they can get their hands on pot than booze, and one-quarter say that they can buy marijuana within the hour. That means, President Obama and Gil Kerlikowske, that 25 percent of teens can obtain marijuana as easily — and as quickly — as a Domino’s pizza!

This is your “proven” method for “reducing availability?” Don’t make us laugh.

By contrast, dozens of studies from around the globe have established, consistently, that marijuana liberalization will result in lower overall drug use. For example, no less than the World Health Organization concluded:

“Globally, drug use is not distributed evenly, and is simply not related to drug policy. … The U.S. … stands out with higher levels of use of alcohol, cocaine, and cannabis, despite punitive illegal drug policies. … The Netherlands, with a less criminally punitive approach to cannabis use than the U.S., has experienced lower levels of use, particularly among younger adults. Clearly, by itself, a punitive policy towards possession and use accounts for limited variation in national rates of illegal drug use.”

In fact, NORML has an entire white paper devoted to addressing this issue here.

Of course, the best option to truly reduce youth availability to cannabis is legalization and regulation. This strategy — the same one that we employ for the use of virtually every other product except cannabis — would impose common sense controls regarding who can legally produce marijuana, who can legally distribute marijuana, who can legally consume marijuana, and where adults can legally use marijuana and under what circumstances is such use legally permitted.

But we already know that this option isn’t in the administration’s vocabulary, now don’t we?

I’ve written time and time again that this administration ought to view marijuana legalization as a political opportunity, not a political liability. They obviously aren’t listening. Nevertheless, it is the voters who have led — and will continue to lead — on this issue, and it is the politicians who will follow. Could we expect it to be any other way?

After all it was the federal government that followed the states lead in 1937 — federally criminalizing pot, but only doing so after virtually every state in the nation had already done so. California, for instance, outlawed marijuana use in 1913 — nearly a quarter of a century before the Feds acted similarly. Likewise, it is going to be the states — and California in particular — that are going to usher in the era of re-legalization.

And it will be the Feds who eventually will have no other choice but to fall in line.

Our Executive Director has posted the latest salvo of propaganda from the Drug Enforcement Administration on the NORML Blog and provided a very thorough rebuttal to the notion that Alaskans “legalized” marijuana in the 1970s, freaked out over the carnage and, my god, the children!!, and in the 1990s made it illegal again.  This “failed experiment” with “drug legalization” is supposed to be a dire warning to those on the West Coast who are trying to regulate the third-most popular recreational substance somewhat like the first, but Allen St. Pierre tells you the history of Alaskan constitutional privacy rights the DEA would like you to forget.

Left there hanging on the vine, though, are the other nine “facts” the DEA are presenting, a la David Letterman (but not as funny), in something we’re calling the…

“These here, Paul, from our own government, from somewhere deep in Dick Cheney’s secret bunker, the Top Ten Facts About Legalization from the DEA…”

Fact 1: We have made significant progress in fighting drug use and drug trafficking in America. Now is not the time to abandon our efforts.

The Legalization Lobby claims that the fight against drugs cannot be won. However, overall drug use is down by more than a third in the last twenty years, while cocaine use has dropped by an astounding 70 percent. Ninety-five percent of Americans do not use drugs. This is success by any standards.

Actually, two out of three Americans use drugs if you include alcohol and one out of ten Americans use cannabis (National Survey on Drug Use & Health 2008) every year, so I’m not sure how you can say 95% of Americans do not use drugs.  If we were to include prescription and over-the-counter drug use, I’m sure something close to 95% of Americans actually use drugs.

But we weren’t talking about “legalizing drugs”, we’re talking about regulation of cannabis.  Whether cocaine or other drug use has risen or fallen is beside the point.  Fierce marijuana criminalization laws haven’t stopped the United States from leading the world in lifetime marijuana use and open tolerance of cannabis coffeehouses in The Netherlands haven’t moved the Dutch from having half the lifetime use rates and one-third the young teen (<=15) use rates of cannabis as Americans.  Portugal has decriminalized drugs to a large extent and the international community calls it “a resounding success”.  Singapore and Indonesia have some of the harshest anti-cannabis laws in the world, and yet they still have to keep executing the smugglers who won’t stop bringing it in to the country.  We can’t even keep drugs out of our SuperMax federal prisons; what makes the DEA think it can succeed in keeping drugs out of free adult hands?

Lifetime cannabis use = 31% in 1988 to 41% in 2008

Drug use rates have very little to do with drug laws.  And even the DEA’s claim that drug use is down a third in twenty years is suspect.  If we define “drug use” as the lifetime rates that have been tracked by the National Surveys on Drug Use and Health over the past twenty years (1988-2008), then cannabis use has risen dramatically in the past twenty years, from 31% to 41% of the population aged 12 and older who have tried cannabis.

Lifetime crack use = more than double; heroin use = almost double; hallucinogen use = almost double; coke, meth, and inhalants = all increased >20%

In fact, when you take a look at the lifetime use of illegal drugs (cocaine, crack, meth, heroin, hallucinogens, and inhalants), you find that all those figures have risen over the past twenty years, too.

Annual alcohol consumption = steady; annual cigarette consumption = 38% in 1988 to 28% in 2008

The most interesting figures appear when you look at lifetime, annual, and monthly use of the legal drugs, alcohol and cigarettes.  Alcohol use has remained steady but declining, while cigarette use has plummeted.

What this all tells us is:

• People that want to use substances will;
• Maintaining prohibition over marijuana and drugs hasn’t stopped anyone; in fact use has risen;
• Regulating dangerous and addictive drugs like alcohol and tobacco hasn’t encouraged greater use; in fact use has decreased.

Fact 2: A balanced approach of prevention, enforcement, and treatment is the key in the fight against drugs.

A successful drug policy must apply a balanced approach of prevention, enforcement and treatment. All three aspects are crucial. For those who end up hooked on drugs, there are innovative programs, like Drug Treatment Courts, that offer non-violent users the option of seeking treatment. Drug Treatment Courts provide court supervision, unlike voluntary treatment centers.

Almost twice as much of your tax money goes to trying to arrest you for drugs as trying to help you quit them

That’s a nice sentiment, but it is not how the government actually prosecutes the War on (Certain American Citizens Using Non-Pharmaceutical, Non-Alcoholic, Tobacco-Free) Drugs.  49.8% of all drug arrests are for marijuana violations, with 89% of those marijuana arrests made for possession alone.  The “balanced approach” in President Obama’s FY 2011 Budget makes the DEA the fat kid on the see-saw, with $9.9 billion appropriated for law enforcement and interdiction vs. $5.6 billion appropriated for treatment and prevention.

Fact 3: Illegal drugs are illegal because they are harmful.

There is a growing misconception that some illegal drugs can be taken safely. For example, savvy drug dealers have learned how to market drugs like Ecstasy to youth. Some in the Legalization Lobby even claim such drugs have medical value, despite the lack of conclusive scientific evidence.

Once again, I haven’t seen any movement on the West Coast to put legalization of MDMA on the ballot; we’re talking about regulating marijuana.

Remember, this is a graph on a logarithmic scale. Cannabis is actually 2,000 times safer than alcohol.

However there is a way of measuring how safe a particular substance is to ingest; it’s called a “therapeutic index“.  It’s the ratio of “ED-50″, that is, a  minimum dose that will have the desired effect in 50% of test subjects, to the “LD-50″, which is the size of a lethal dose that will kill 50% of test subjects.  For example, half the people who cop a buzz on a “dose” of alcohol – whatever amount that is – will die if they drink ten times that amount.  That’s a “therapeutic index” of 1:10.

When measured by therapeutic index, most “illegal” drugs are technically safer than alcohol and cannabis is the safest of all with a therapeutic index that’s practically immeasurable.  Cannabis is so non-toxic that it’s ratio is estimated to be 1:20,000 to 1:40,000.  The DEA’s Administrative Law Judge Francis L. Young concluded it would take a man smoking 1,500 lbs. of cannabis in 15 minutes to die of an overdose.

Fact 4: Smoked marijuana is not scientifically approved medicine. Marinol, the legal version of medical marijuana, is approved by science.

According to the Institute of Medicine, there is no future in smoked marijuana as medicine. However, the prescription drug Marinol—a legal and safe version of medical marijuana which isolates the active ingredient of THC—has been studied and approved by the Food & Drug Administration as safe medicine. The difference is that you have to get a prescription for Marinol from a licensed physician. You can’t buy it on a street corner, and you don’t smoke it.

"The DEA's doing research like it's 1999..."

Nice of the DEA to reference the 1999 Institute of Medicine report.  That was the report that concluded, as every report on the subject has, that marijuana use “does not appear to be a gateway drug to the extent that it is the cause or even that it is the most significant predictor of serious drug abuse.”

That report also noted that only 9% of marijuana users develop “dependence”, compared to 15% for alcohol, 17% for cocaine, 23% for heroin, and 32% for tobacco.

It also noted that “A distinctive marijuana and THC withdrawal syndrome has been identified, but it is mild and subtle compared with the profound physical syndrome of alcohol or heroin withdrawal,” which can cause seizures, hallucinations, and severe cravings.  According to the report, “the symptoms of marijuana withdrawal include restlessness, irritability, mild agitation, insomnia, sleep EEG disturbance, nausea, and cramping.”

So if sometime later in the Top Ten list the DEA wants you to believe that legalization of marijuana will lead to increased addiction, remember that they were the ones using this report to argue against the medical efficacy of smoked marijuana.

However, it is interesting that the DEA makes no mention of the 2009 statement by the American Medical Association which concluded “Results of short term controlled trials indicate that smoked cannabis reduces neuropathic pain, improves appetite and caloric intake especially in patients with reduced muscle mass, and may relieve spasticity and pain in patients with multiple sclerosis…. To the extent that rescheduling marijuana out of Schedule I will benefit this effort [to develop cannabinoid medicines], such a move can be supported.

It’s also interesting how the DEA never mentions vaporization, tinctures, and edibles, which have been proven to eliminate the major harm of cannabis use – smoking.

And I never tire of the DEA that warns us about the super-potent Schedule I “Pot 2.0: Not Your Father’s Woodstock Weed” that approaches average THC potencies of 10% with maximums in the 30% range, then turns around and tells us how Schedule III 100% potent Marinol is so safe and effective.

Fact 5: Drug control spending is a minor portion of the U.S. budget. Compared to the social costs of drug abuse and addiction, government spending on drug control is minimal.

The Legalization Lobby claims that the United States has wasted billions of dollars in its anti-drug efforts. But for those kids saved from drug addiction, this is hardly wasted dollars. Moreover, our fight against drug abuse and addiction is an ongoing struggle that should be treated like any other social problem. Would we give up on education or poverty simply because we haven’t eliminated all problems? Compared to the social costs of drug abuse and addiction—whether in taxpayer dollars or in pain and suffering—government spending on drug control is minimal.

The "Legalization Lobby's" budget, in green, vs. the DEA's budget, in red. What's that, you don't see much green? Yeah, neither do we!

Finally, something sort or true from the DEA: “Drug control spending is a minor portion of the U.S. budget.”  At $15.5 billion compared to the overall fiscal year budget of $3.7 trillion, they’re right.  The entire drug war budget doesn’t even equal  the single “Military Construction” line ($16.9 B) in the Pentagon’s $548 billion budget.

But then they pivot that fact to the falsehood that saving money on law enforcement and making money in tax revenues by regulating marijuana markets would not match the gross expenses we’d suffer from our kids becoming slaves to drug addiction.  Never mind that they just ignored the previous point from the 1999 IOM Report about the gateway theory – what they are telling you is that legal marijuana users will cost society more than it saves and earns from taxation.

Canadian study of costs per substance user per year

To bolster this point, drug warriors like to point out that “sin” taxes on alcohol and tobacco only bring in a fraction of money compared to the measurable social costs of alcoholism and tobacco cancers.  It’s another example of starting from a fact and pivoting to a falsehood.  Alcohol and tobacco cost society a lot of money because (a) they’re addictive (see 1999 IOM Report above) and (b) they can kill you (see therapeutic index above).  A Canadian study on the annual health costs of one tobacco, alcohol, or cannabis user were $800, $165, and $20, respectively, while the enforcement costs on tobacco, alcohol, and cannabis per user were $0, $153, and $328, respectively.  In essence, Canada is spending $328 per toker to save $20 in health care costs!  Those numbers must be worse in America.

But set aside the numbers for a moment and just use some common sense.  If cannabis users cause such a great social harm that they are a cost burden to society, we are costing society right now.  It’s not as if nobody smokes pot now and suddenly legalization on the West Coast will create a country full of 22 million pot smokers imposing a new burden on society.  I’ve broken down this cost argument before, but basically whatever we cost now (some number far less than alcohol or tobacco, certainly), we’d cost less once you’ve made some tax revenue off of us.  The California Board of Equalization estimates $1.4 billion in revenues from legalization, so there would have to be $1.4 billion-worth of new pot smokers recruited and old tokers puffing more for this theory to make any sense at all.  If California doubled its current 2.3 million tokers after legalization, those 2.3 million new tokers would have to cost the state $608 each to eat up the tax revenues.

For comparison’s sake, according to the UC San Francisco Institute on Health and Aging, alcohol abuse costs California $17.8 billion and kills 13,000 Californians annually.  The NSDUH State Reports tell us that 62.5% of Californians 18 and older use alcohol, which works out to 17.1 million drinkers.  That division works out to a drinker costing California $1,041 each.

So in order to swallow this whopper, we need to believe that a legalized toker will cost California 60% as much as a legal drinker, when the studies show that in Canada a legalized toker would cost about 6% as much as a legal drinker.

Fact 6: Legalization of drugs will lead to increased use and increased levels of addiction. Legalization has been tried before, and failed miserably.

Legalization has been tried before—and failed miserably. Alaska’s experiment with Legalization in the 1970s led to the state’s teens using marijuana at more than twice the rate of other youths nationally. This led Alaska’s residents to vote to re-criminalize marijuana in 1990.

Again, see Allen St. Pierre’s deconstruction of the Alaska story, and remember that the same DEA that cited the 1999 IOM Report above that said marijuana use doesn’t lead to hard drug addiction is now telling you West Coast legalization of cannabis will lead to increased addiction.

When we look at the experience of thirteen states that have decriminalized marijuana and the fourteen states that have legalized medical use of marijuana, we find the DEA’s theory blown to bits.  In fact, that same 1999 IOM Report cited by the DEA above even concluded, “In sum, there is little evidence that decriminalization of marijuana use necessarily leads to a substantial increase in marijuana use.”

Fact 7: Crime, violence, and drug use go hand-in-hand.

Crime, violence and drug use go hand in hand. Six times as many homicides are committed by people under the influence of drugs, as by those who are looking for money to buy drugs. Most drug crimes aren’t committed by people trying to pay for drugs; they’re committed by people on drugs.

60% of the revenue for Mexican murderers comes from marijuana prohibition

Drugs, drugs, drugs… what does this have to do with cannabis?  The notion of a cannabis user deprived of weed and jonesing so bad he commits a crime to get the money for weed is ridiculous and the idea that cannabis users are driven to crime by the effects of cannabis is ludicrous.  Every study (like this one) that looks at violence and marijuana finds that cannabis use tends to inhibit violence by its users.

The only violence commonly attributed to marijuana is directly caused by its prohibition.  Mexican drug syndicates are not murdering 18,000 people over a three year span to protect their breweries, vineyards, beer and wine trucks, and hops and tobacco crops.  The only crime commonly attributed to marijuana use is the plundering of munchies from the fridge.

Fact 8: Alcohol has caused significant health, social, and crime problems in this country, and legalized drugs would only make the situation worse.

The Legalization Lobby claims drugs are no more dangerous than alcohol. But drunk driving is one of the primary killers of Americans. Do we want our bus drivers, nurses, and airline pilots to be able to take drugs one evening, and operate freely at work the next day? Do we want to add to the destruction by making drugged driving another primary killer?

No, I actually claim that cannabis is far safer than alcohol, see the therapeutic index data above.  This is another talking point that pivots from a fact (drunk driving is a serious problem) to a falsehood (the implied threat that legalization of cannabis would lead to more highway fatalities).

Nobody's suggesting you hot-box your ride and see how well you do on the test... but you will out-perform a drinker.

First of all, the US Dept. of Transportation fact sheet on cannabis states, “Effects from smoking cannabis products are felt within minutes and reach their peak in 10-30 minutes. Typical marijuana smokers experience a high that lasts approximately 2 hours.”  So if the bus driver, nurse, and airline pilot want to smoke a joint before bed and drive, nurse, or fly me the next day, I’m not at all worried; no more so than if they decide to have a glass of wine the night before work.

Then we have to remember that if cannabis smokers are driving, they are driving now.  If pot smoking were such a threat on our roadways we’d have seen the bodies pile up by now.  Numerous studies have confirmed what we all know:

• Drivers under the influence of cannabis tend to follow less closely to the vehicle in front of them;
• Drivers tend to decrease speed following cannabis inhalation;
• Drivers with blood alcohol levels of 0.05% were three times as likely to have engaged in unsafe driving activities prior to a fatal crash as compared to individuals who tested positive for marijuana;
• Drivers with low levels of alcohol present in their blood (below 0.05%) experienced a greater elevated risk as compared to drivers who tested positive for high concentrations of cannabis (above 5ng/ml).

In other words, even the highest cannabis-using driver is less dangerous than an alcohol-buzzed driver who is still below the per se impairment limits (0.08%) for alcohol.

Fact 9: Europe’s more liberal drug policies are not the right model for America.

The Legalization Lobby claims that the “European Model” of the drug problem is successful. However, since legalization of marijuana in Holland, heroin addiction levels have tripled. And Needle Park seems like a poor model for America.

Compared to Americans, Dutch teenagers use marijuana at half the rates, even though it is sold openly in coffeehouses

The Dutch began their policy of cannabis tolerance in 1976.  According to the 2008 EMCDDA National Report for The Netherlands, lifetime prevalence of heroin use was 0.3% in 1997 and 0.2% in 2001.  I looked all over the DEA’s website and press releases for 2001 looking for them to claim that Dutch cannabis tolerance has led to a one-third decrease in heroin use, but I never found it.  Prevalence of heroin use in 2005 was reported to be 0.6%, which would be triple the 2001 figure, but only double the 1997 figure.

But once again, the DEA cited the 1999 IOM Report above that tells us smoking pot doesn’t lead to heroin addiction, so I’m not sure what the DEA’s point is.  It also doesn’t help their case that their heroin use rates are less than half of American heroin use rates (1.52% lifetime prevalence).

Fact 10: Most non-violent drug users get treatment, not jail time.

The Legalization Lobby claims that America’s prisons are filling up with users. Truth is, only about 5 percent of inmates in federal prison are there because of simple possession. Most drug criminals are in jail—even on possession charges—because they have plea-bargained down from major trafficking offences or more violent drug crimes.

"The fact is that finding a first-time. non-violent offender in prison for marijuana is like finding a unicorn." -- John Walters, former drug czar, on the 11,200 Marijuana Unicorns in a cage right now.

Oh, only 1 out of 20 of the 2.3 million people we imprison are there for simple possession?  My math tells me that’s 115,000 Americans in a cage for their personal use of drugs.  The Sentencing Project determined that 11,200 of those Americans are in a cage for simple marijuana possession alone.  Of course, this is just federal prison we’re talking about, when most marijuana users are processed through city and county jails and housed in state prisons.

Another bit of falsehood pivoted to from these imprisonment facts is that pronouncement that most “drug criminals” are plea-bargaining down from more serious charges.  Often those are “intent to distribute” charges filed when a cannabis user makes the mistake of keeping separate strains in separate bags (multiple bags in the eyes of the law means you must be selling), “conspiracy” charges filed against cannabis users who “go in” with other cannabis users to split the cost of expensive cannabis, and “manufacture” charges filed when a cannabis user grows his own instead of participating in the black market.

But whether people are serving a day, 29 years, or 93 years for marijuana charges is irrelevant; it is the the arrest for marijuana possession itself that causes the harms to the user irrespective of any stay in a jail cell:

• If you’re convicted or enter a plea, you’ll be on probation and mandatory Urinalysis Tests will be performed.
• A conviction could impact child custody issues in family court.
• An arrest for Possession with Intent to Distribute or an arrest for the Manufacture of plants may result in the State attempting to Forfeit your home, your car, your cash and other assets which they can do even if charges are later dismissed or you are acquitted at trial! This heinous law is know as “Asset Forfeiture”.
• A conviction can impact Federally insured student loans
• A felony conviction deprives you of the right to vote
• A felony conviction deprives you of the right to possess firearms
• A conviction can get you tossed out of government subsidized housing
• A conviction can impair your ability to obtain food stamps and other welfare benefits
• Your ability to ever adopt children will be jeopardized
• You will be denied entry into Canada and possibly other countries
• A misdemeanor conviction remains on your record and available to the public for three years before it can be expunged, which may have an impact on current or future employment
• A felony conviction remains on your record and available to the public for five years before it can be expunged, which may have an impact on current or future employment.

The DEA is terrified because there is a legitimate shot for the voters to legalize marijuana use, manufacture, and sales in one, possibly two, and maybe even three West Coast states this year.  If this bit of reefer madness is the best counter they have to offer, I really like our chances!

Download Link: Secret Stash - Register to access

Download audio file (NORML_Daily_AudioStash_2010-03-12.mp3)

Hemp Headlines

1. Colorado Census workers discover marijuana growing next door to office
2. Maine government looks at institution of dispensaries
3. Olympia, Washington, councilman caught with marijuana: update
4. Chilean high school students have greatest marijuana use rates in South America
5. World-class indoor sprinter Ivory Williams suspended for three months for marijuana
6. Vote Hemp calling for more support for industrial hemp in America

Daily Toker Tunes

Brought to you by Eric Smokesbud

• Rockin’ Friday: HUKA – “Chronic Boom”

HIGH TIMES Magazine preview with Senior Editor Dave Bienenstock, author of The Official Pot Smoker’s Handbook

• West Coast Cannabis Cup information
• Ed Norton’s new marijuana-themed movie
• Top Ten Canadian Strains and Manitoba Hemp
• HIGH TIMES new medical marijuana magazines

NORML Newsmakers

• Jen Alexander from Oregon NORML on police abuse of medical marijuana patients’ privacy rights to further anti-medical marijuana agenda

Seattle Mayor-elect Mike McGinn said during a radio interview Friday that he supports efforts to make it legal to use marijuana in Washington state.

Rep. Mary Lou Dickerson, D-Seattle, has introduced a bill that would allow people 21 and older to use pot.

Speaking to KUOW, McGinn noted that city voters in 2003 approved a measure making enforcement of marijuana laws the lowest priority for Seattle police.

“Hopefully we’ve already gotten some city savings from that already, in that we’re saving money on prosecution and incarceration around what the citizens think is a pretty darn law priority,” said McGinn, adding that his stance on pot use is nothing new.

“I actually took this position during the campaign and nobody noticed. It was an answer to the question in the Stranger’s election land,” McGinn said. “If every elected official who ever smoked marijuana voted to legalize it would probably be legalized in an instant. We recognize that, like alcohol, it’s something that should be regulated not treated as a criminal activity and I think that’s where the citizens of Seattle want us to go.”

On a Web site set up for McGinn so he can hear suggestions from the people of Seattle, “Legalize marijuana and tax it” was the second most popular idea.

Earlier this week state Attorney General Rob McKenna told reporters he opposes Dickerson’s bill.

In 2010 it looks like the whole West Coast will be discussing the legalization of marijuana for all adults.  The next Mayor of Seattle is openly supporting the idea.  Californians support legalization by 56% according to the Field Poll and TaxCannabis2010.org has gotten more than enough signatures to qualify for the November ballot.  Oregonians are pushing a bill, a referendum, and an initiative to see where support is greatest.

It might be possible that the next New Year we’ll be looking at three states with legal pot.  Wow!

(Washington House Bill 2401) It is the intent of the legislature to:
(1) Legalize marijuana and its derivatives;
(2) Remove all existing civil and criminal penalties for adults twenty-one years of age or older who cultivate, possess, transport, sell, or use marijuana, without impacting existing laws proscribing dangerous activities while under the influence of marijuana, or certain conduct that exposes younger persons to marijuana;
(3) Raise funds and discourage substance abuse by the imposition of a tax on the legal sale of marijuana, the proceeds of which will support drug education and awareness; and
(4) Impose a set of rules and laws concerning marijuana comparable to those imposed on alcohol.

It seems like the whole West Coast is in a race to see who will legalize marijuana first!

San Francisco, CA: A majority of west coast voters support regulating the sale of marijuana in a manner similar to alcohol, according to national poll of 1,053 likely voters by Zogby International and commissioned by California NORML and Oaksterdam University.

Fifty-eight percent of respondents residing on the west coast agree that cannabis should be “taxed and legally regulated like alcohol and cigarettes.” Only thirty-six percent of west coast respondents oppose regulating the sale of marijuana for adults.

Nationally, support for taxing and regulating cannabis stands at 44 percent. Among likely voters on the east coast, 48 percent endorse legalizing marijuana. Respondents’ support fell to approximately 37 percent in the southern and central regions of the United States.

Earlier this month, a national CBS/New York Times poll reported that 41 percent of Americans support legalizing marijuana – up from just 27 percent in 1979.

Responding to the latest Zogby poll, NORML Executive Director Allen St. Pierre said, “Public support for replacing the illicit marijuana market with a legally regulated, controlled market similar to alcohol, complete with age restrictions and quality controls, continues to grow, and appears to have achieved majority support on the west coast – where many voters are already familiar with the state-licensed use and, in some cases, sale of medical cannabis.”

He added, “As voters and legislators continue to look for alternative ways to raise tax revenue for public services and reduce law enforcement costs in this troubled economy, we expect the public’s support for taxing and regulating cannabis to continue to grow — not just on the west coast, but nationwide.”

Nationally, younger voters age 18 to 29 are most likely (55 percent) to support regulating pot. Older voters age 50 to 64 are nearly evenly divided (48 percent) in their support for legalization.

The poll found that a majority of registered Democrat voters (53 percent) back taxing cannabis, versus only 32 percent of Republicans.

For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500 or Dale Gieringer, California NORML Coordinator, at (415) 563-5858.

(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?