possession

By Derrick Stanley
Hemp News

Federal prosecutors are going to drop charges against a Native American teenager who was facing a year in prison for possession of one gram of marijuana.

The agreement, filed in federal court today, says that the federal misdemeanor charges against Devontre Thomas, 19, will be dropped as long as he stays in school or keeps a job and obeys the law for 60 days.

"I think it's a fair resolution of the case," says Ruben Iniguez, Thomas' public defender. "I would sincerely hope that no one else, adult or minor, has to be faced with the same sort of dilemma — the heavy hand of the government."

The U.S. Attorney's Office has confirmed that it is abandoning the prosecution.

"Procedurally the case remains pending," says spokeswoman Gerri Badden, "however, the motion correctly states the terms of the diversion agreement. Assuming Mr. Thomas completes the agreement, the United States will move to dismiss the case on October 4, 2016."

Thomas found himself in trouble with the federal government in March 2015, after a search of another student's backpack at Salem's Chemawa Indian School turned up a gram of marijuana. The student told authorities later that he paid Thomas $20 for the gram.

By Derrick Stanley
Hemp News

Voters in Newark, New Jersey will have the opportunity in November to vote to eliminate penalties for possession of small amounts of marijuana.

Currently under state law, anyone caught with under 100 grams of marijuana or paraphernalia face a maximum fine of $150 and loss of driving privileges.

Under Newark's current law, however, possession of under 100 grams of marijuana is punishable by a maximum fine of $500 and up to 60 days in jail. Possession of marijuana paraphernalia is punishable by a $250 fine and up to 30 days in jail.

The discrepancy between Newark’s law and state law for marijuana possession is part of the reason organizers sought to get the proposal on the ballot.

The new proposal would remove penalties for possessing less than 200 grams of marijuana in the city. Under the initiative, possessing less than 200 grams would constitute a minor misdemeanor, and no fines, incarceration, probation or “any other punitive or rehabilitative measure” would be imposed.

Board of Elections Director Gloria Carson said Tuesday that the Licking County Board of Elections validated 1,107 signatures supporting the measure, surpassing the 1,063 signatures that were needed to get on the ballot.

Organizers say the new proposal will allow law enforcement officers more opportunity to focus on serious problems in the community.

Marijuana Arrests Down 85% After First Year

Congress Continues to Prevent District from Taxing and Regulating Marijuana

This Friday marks the one year anniversary of the implementation of marijuana legalization in the District of Columbia. In the 2014 election, District voters overwhelmingly passed Ballot Initiative 71 with 70 percent support, legalizing the possession of up to two ounces of marijuana for adults over the age of 21, and allowing individuals to grow up to six plants in their home.

Overall, marijuana arrests decreased by 85 percent from 2014 to 2015. Marijuana possession arrests fell from 1,840 in 2014 to just 32 in 2015.

“The decrease in marijuana arrests is an enormous victory for District residents, who have resoundingly rejected the criminalization of marijuana,” said Bill Piper, senior director of National Affairs for the Drug Policy Alliance (DPA). “Marijuana law enforcement has particularly damaged communities of color in the District, who have borne the brunt of prohibition.

"We hope that law enforcement continues to responsibly enforce the new law and completely eliminates any racial disparity in arrests,” Piper said.

Findings Come as Legislature Considers Bills Increasing Penalties for Drug Possession

Results Similar to Poll in New Hampshire Which Also Fund Majority Support for Drug Decriminalization

A substantial majority of Maine voters support decriminalizing drug possession, according to a survey conducted over the weekend by Public Policy Polling (PPP) for the Drug Policy Alliance.

Sixty-four percent of voters in Maine think people caught with a small amount of illegal drugs for personal use should be evaluated for drug issues, offered treatment but not be arrested or face any jail time. Seventy-one percent say substantially reducing incarceration is somewhat or very important to them.

The poll results come as the legislature considers legislation backed by the Attorney General that could roll back groundbreaking reforms passed last session that reduced drug possession from a felony to a misdemeanor. The proposed legislation (LD 1554) would make possession of 30 milligrams (often less than one single pill) or more of prescription opioids and any amount of certain other drugs into felony offenses, continuing the criminalization of drug users and wasting scarce resources on incarceration instead of treatment and prevention.

Majorities of Republicans, Democrats and Independents Oppose Arresting People for Simple Possession of Any Drug, Want Health Insurers to Provide Treatment and Support Eliminating Mandatory Minimum Sentences for Non-Violent Drug Offenders

With the nation’s attention shifting from Iowa to New Hampshire, a recent poll shows a substantial majority of presidential primary voters in the Granite State support decriminalizing drug possession outright.

Sixty-six percent of voters in the first-in-the-nation primary, including half of all Republicans and 68 percent of independents, think people caught with a small amount of illegal drugs for personal use should be evaluated for drug issues, offered treatment but not be arrested or face any jail time.

These findings come in the midst of escalating overdose deaths across the country and unprecedented focus by presidential candidates on alternatives to harsh, ineffective drug policies. Eighty percent of New Hampshire primary voters consider addressing prescription drug and other drug abuse and the recent surge in overdose deaths an important or urgent issue. Sixty-nine percent, including 56 percent of Republicans, say drug abuse should be treated primarily as a health problem rather than a criminal justice problem.

By Steve Elliott
Hemp News

Congressman Earl Blumenauer on Tuesday wrote an open letter advocating marijuana legalization to President Obama in advance of the President's State of the Union speech.

"As you begin your last year in office, I hope there is one more step you take to bring about fundamental change — ending the failed policy of marijuana prohibition and removing marijuana from the list of Controlled Substances," Rep. Blumenauer wrote to the President.

The language chosen by Rep. Blumenauer is very significant, politically speaking. "Removing marijuana from the list of Controlled Substances" is, of course, the only way forward that avoids cannabis being immediately co-opted and controlled by Big Pharma, which is assuredly what will happen if it is moved from Schedule I to Schedule II or III on the Uniformed Controlled Substances Act.

Following is Rep. Blumenauer's letter in its entirety.

An Open Letter to the President

Dear Mr. President:

A State of the Union speech is a unique opportunity to address Congress and the nation about priorities and accomplishments, as well as to highlight critical issues.

I remember another speech in May 2008 when you spoke to over 70,000 Portlanders. The overwhelming feeling of hope coming from the crowd was palpable.

By Steve Elliott
Hemp News

Dallas Police Chief David Brown said he has mixed feelings about allowing his officers to write tickets instead of arresting people who are caught with small amounts of marijuana. But he said the approach is "just so damn practical."

Police officers and city council members discussed the move at Tuesday's public safety committee meeting of the Dallas City Council, reports Melissa Repko at The Dallas Morning News. The "cite and release" pilot program would mean citations for marijuana possession, rather than arrests.

The public safety committee voted to refer the idea to the entire City Council without a recommendation.

A Texas state law passed in 2007 allows cops to issue citations instead of making arrests for some minor offenses, including possession of small amounts of cannabis. The approach is intended to save time and money by keeping minor offenders out of jail and allowing cops to remain on the streets; it doesn't change the official penalty for the crime.

Using cite and release is a "no brainer" that would help save time and lower 911 call response times, said council member Philip Kingston. He said it would allow cops to focus on public safety priorities.

Kingston said he'd legalized marijuana if he could, comparing marijuana possession to jay-walking in terms of seriousness.

Charged In New Jersey For Posession With Intent To Distribute Marijuana, Peter Tosh's son Jawara McIntosh Faces 10-20 Years In Jail If Convicted

Jawara “Tosh1” McIntosh, son of the, legendary reggae artist Peter Tosh, is fighting what he believes is a grave injustice for the possession of marijuana. As a Rastafarian, McIntosh argues, “I was raised in the tradition of Rastafari, which is not simply a religion but a way of life. And in the Rastafarian tradition, herb, also known as cannabis, is a sacrament we use freely for spiritual purposes. Besides the fact that the use of this sacred plant should be protected by the Constitution, it is utterly ridiculous that a plant could ever be classified as a drug.”

Legal fees and debt from the sizable bail are mounting. In response, Tosh1 and the Peter Tosh Estate have launched an Indiegogo Crowdfunding account to help McIntosh fight the charges. The account is now live at: www.indiego.com. The decriminalization of cannabis has become a hot topic in recent months, and will certainly be a campaign issue in the 2016 elections.

In fact, it is a widely held opinion among lawmakers that the criminal justice system should be reformed. Recently at the NAACP’s annual convention in Philadelphia, President Barack Obama cited the “long history of inequity in the criminal justice system in America,” and argued that the system was “particularly skewed by race and wealth.”

Virginia Moving in Wrong Direction as U.S. States and Congress Reform Marijuana Laws

Black Virginians Arrested for Marijuana Possession at 3.3 Times the Rate of White Virginians, Despite Equal Rates of Marijuana Use

Report Released as Thousands Prepare to Gather Next Month in Arlington for World’s Largest Drug Policy Reform Conference

A new report has found that marijuana possession arrests in Virginia have increased dramatically over the last 10 years, especially in black communities. The report was authored by Shenandoah University professor and researcher Jon Gettman and released on Wednesday by the Drug Policy Alliance (DPA).

“As states around the country pass reforms to scale back the role of criminalization in marijuana policy, Virginia appears to be moving in the wrong direction,” said Lindsey Lawson Battaglia, policy manager with the DPA and former Virginia criminal defense attorney. “This troubling report should encourage Virginia lawmakers to fix the Commonwealth's broken marijuana policies.”

Using data compiled from the Uniform Crime (UCR) Program and the Virginia State Police, the report found that marijuana possession arrests in Virginia consistently increased from 2003 to 2013, as did the racial disparity in arrest rates. Federal government data consistently shows that black and white people use marijuana at similar rates.

By Steve Elliott
Hemp News

Parliamentarians from the Health Commission of the Chamber of Deputies in Chile met on Monday with Interior Minister Jorge Burgos to discuss details of the proposed decriminalization of marijuana.

The move would originally have amended the Health Code and Law 20.000 to allow the cultivation of up to six cannabis plants per person, the use of marijuana for therapeutic and recreational purposes, and the possession of up to 10 grams for private consumption, reports Paul Cádiz at T13.

The government's latest proposal would reduce the number of plants to four per household, and would also decrease the maximum possession limi to four grams of cannabis for private consumption.

Some lawmakers also raised the possibility of establishing cannabis clubs such as those in Uruguy, to help combat the problem of underage consumption.

"We must continue to explore positions," said Marco Antonio Nunez of the PPD. "We have not reached agreement, but we will continue to discuss."

"It took us a year and a half to get to this meeting; it is a big step forward," Nunez said.

According to Juan Luis Castro, the government presented deputies with six points which they believe are necessary:

1. A fine distinction between consumers and traffickers.