America Desperately Needs A 21st Century Update Of The Shafer Commission

 

 

 

America Desperately Needs A 21st Century Update Of The Shafer Commission

Sun, 12 Oct 2008 14:28:27  By: Allen St. Pierre, NORML Executive Director

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- Senators McCain and Obama:

If elected, will you create a Presidential Commission to study marijuana—its Prohibition, Budgetary, Social, and Health effects, and to make recommendations for marijuana law reform?

By George Rohrbacher, NORML Board Member

Federal law prohibiting marijuana dates from 1937. The Marijuana Tax Stamp Act was debated on the floor of the House of Representatives for just over a minute and against the wishes of organizations such as the American Medical Association. Cannabis, as it was then known, was a component of at least 28 patent medicines made by industry leaders such as Merck, Eli Lilly, and Squibb. With the passage of this law, not only did the legal sale and possession of cannabis end, but all American research into medicinal use of marijuana ground to a halt, and even the ages-old knowledge of marijuana as a medicine went into deep remission.

Today there is a whole universe of information on the subject of marijuana that is brand-new since the Shafer Commission last studied marijuana in the 1970’s. The information then available lead Nixon’s own handpicked commission come to a surprising conclusion: they recommended no legal penalties for adults possessing up 100 grams of marijuana. Nixon freaked out, flew into a rage, canceled print runs of the report, and refusing to read the document, he buried the Shafer Commission’s recommendations. Tricky Dick did exactly the opposite and started America’s full-scale War on ‘Weed’, instead. And now forty years later, the War on Pot continues to grind on, getting larger with each passing year. After hundreds of billions of dollars expended, after millions of people arrested, is it not time we studied marijuana again? Because, by every measure available, America’s current approach to marijuana has failed—and, in the words of former-President Jimmy Carter, it is “…doing more harm than good.”

Here are 8 pressing reasons why a Presidential Commission on marijuana is needed now:

1) By October 10, 2008, America will have recorded its 20-millionth marijuana arrest, with people of color and the young arrested in disproportionately large numbers. It is time for a re-assessment of marijuana policy, plain and simple.

2) In addition to the pain and suffering visited by these millions of arrests on “we-the-people”, our government expends about $25 billion annually on its pot prohibition efforts, funds that should be expended elsewhere in the budget.

3) In addition to huge costs on expense side, we lose billions in taxation revenue, as well. Because, despite all government efforts to eradicate it, America’s vast underground marijuana market continues on, just as it has for the last seventy years, creating crime where there need be none, churning out billions and billions of dollars in untaxed and unregulated commerce. A tax and regulate posture as a method of control, verses the ‘no control/out of control’ situation we have today where kids can get marijuana more easily than beer—which alternative should America choose?

4) Marijuana use and purchase has been legal for the last 30 years in The Netherlands. This is the world’s great marijuana legalization experiment—and proof positive that a modern society will not collapse when pot becomes legal. Holland’s tightly regulated cannabis sales have created enormous tax revenues, while at the same time, usage rates for Holland’s teens continues to remain at just half of the usage rates of America’s teens even under our draconian prohibition model.

5) There are more than a dozen states over the last dozen years (covering about 1/5 of the US population) that have passed medical marijuana laws, mostly by voter initiative. ‘We-The-People’ created America’s state-by-state crazy quilt of medical marijuana laws, now what have ‘we’ learned from these experiments?

6) The modern use of cannabis/cannabinoids as medicine, buttressed now by 17,000 scientific studies, validates humanity’s medicinal use of cannabis that has been going on for as long as recorded history. In any rational world, a non-toxic, useful drug like cannabis would have been re-scheduled long ago by the federal government from Schedule I, where it now resides with heroin, to Schedule III with most prescription drugs, or lower.

Why have the vested interests blocked cannabis from being rescheduled?

7) On 10/07/03 America’s own Department of Health and Human Services (HHS) received US Patent #6630507 for the use of marijuana’s active ingredients under the title, “Cannabinoids as antioxidants and neuro-protectants.” While HHS filed and supported this application, at the very same time, in other executive-branch Cabinet-level offices, at the ONDCP and the DEA, their legislative charters direct them to fight all use of marijuana as a medicine (the charters contain no standards to correct this prohibitionist posture if marijuana is shown scientifically to be useful as medicine). Either the HHS or the DEA/ONDCP must be wrong.

8.) A Presidential Commission hearing on the subject of marijuana law reform is a necessary exercise in government bureaucracy oversight, and is simply good government.

America, after our 20-millionth marijuana arrest—is that amount of human wreckage not enough? How much longer must our government pursue its failed policy of marijuana prohibition?

Presidential candidates McCain and Obama, show some guts, show some leadership and take the pledge: when you are elected, you will form a Presidential Commission via the National Academy of Sciences, or a like objective review body, to study marijuana.

Feds violated 10th Amendment by subverting state marijuana laws Judge says:

Welcome to the Donkey Show.

This is a Win for the People of America and States Rights. For too long our Elected Officials have been trampling on our rights and it is time for someone to stand up and say enough.

JJudge says Feds violated 10th Amendment by subverting state marijuana laws

As It Stands by Dave Stancliff/For the Times-Standard
Article Launched: 09/14/2008 01:32:06 AM PDT

A landmark decision for all Californian's quietly made history on August 20th in a Santa Cruz courtroom.

For the first time since 1996, when the Compassionate Use Act was passed, the federal authorities have been charged with violating the 10th Amendment for harassing medical marijuana patients and state authorities.

The case of Santa Cruz vs. Mukasey, was heard by U.S. District Court Judge Jeremy Fogel, who said the Bush Administration's request to dismiss a lawsuit by Santa Cruz city and county officials, and the Wo/Men's Alliance for Medical Marijuana (WAMM), wasn't going to happen.

In a recent telephone interview with Alan Hopper, an ACLU counsel familiar with the case, I asked him what came next?

”The plaintiff will get a get a court-ordered discovery document that will allow them to get documents, and even depositions, from the federal authorities to support their claims,” he explained.

So now it's the city, county, and WAMM's turn to prove their case against the federal government. The court has recognized a concerted effort by the federal government to sabotage state medical marijuana laws, which violates the U.S. Constitution. The significance of this ruling, the first of its kind, cannot be overstated.

California voters may finally get what they asked for a dozen years ago. When the court said that the federal government had gone out of its way to arrest and prosecute some of the most legitimate doctors, patients,

caregivers, and dispensary owners that had been working with state and local officials, it finally drew a line-in-the sand.

An example of the federal authorities violations was their pursuit of WAMM. This non-profit group has been around for many years, and has been fully supported by the city and county of Santa Cruz. They have been referred to, by officials, as the model medical marijuana patient's collective.

The group was functioning so smoothly that the city even allowed them to hold regular meetings to distribute marijuana to its patients on the steps of city hall! The federal agents still went after them, which brought about this court decision.

When the ACLU filed this lawsuit to stop them from targeting medical marijuana providers and patients, they opened a door that may finally lead to no federal interference in California's medical marijuana law.

We must not forget that medical marijuana brings in about $100 million each year in tax revenue. Conferring total legitimacy to the law will allow this cash flow to continue, and hopefully, increase over time.

When the judge ruled the feds were threatening physicians who recommended marijuana, he set the stage for regaining patient's rights. The ruling clearly pointed out that the feds were also threatening government officials who issue medical marijuana cards, and interfered with municipal zoning plans.

In the summation, the court found that, “There was a calculated pattern of selective arrests and prosecutions by the federal government with the intent to render California's medical marijuana laws impossible to implement and therefore forced Californian's and their political subdivisions to re-criminalize medical marijuana.”

In a recent column, I mentioned California's Attorney General Jerry Brown had passed out an 11-page directive that all law agencies were to go by. I expressed concern that the federal authorities would ignore those guidelines, but upon finding out about this recent ruling I now have some cause for hope.

It sure sounded like Hopper was looking forward to the next phase, and he seemed confident that positive change lay ahead. Asked which presidential candidate would be more amenable to upholding medical marijuana laws, he cleverly replied that he thought they both would be willing to work for change. He could be right too. This is a year of change.

This on-going battle with the federal authorities ignoring California's laws has been well-documented in the past. Why hasn't there been more coverage for such an epic ruling? Its potential as breakthrough legislation is something all Californian's should know about in my opinion.

The war against medical marijuana hasn't been won yet, but this could be the breakthrough everybody's waited for. At the core of the war waged by the federal government against the voter's will, is the failed War on Drugs by the Bush Administration. It's about time someone told them to back off.

As It Stands, we can score this as a successful round for state's rights.

 

Check out NORML's Website to make sure you know your Rights.