Marijuana Feature Story 11/18/2010

Last year there were 858,408 marijuana affiliated arrests in the United States. The Federal Bureau of Investigation’s annual Uniform Crime Report shows that 52% of the drug arrests that year were marijuana related compared to the 44% in 1999. According to the Bulletin of Cannabis Reform, of the 874,863 marijuana arrests in 2008, 86% of the arrests were for possession. As reported by Jon Gettman, Ph.D. who is affiliated with the Bulletin of Cannabis Reform, in Maryland, 89% of all marijuana arrests were for possession during 2007, which exposes a +2.93% per year. There were 22,042 arrests for marijuana possession in Maryland in 2007, and 2,668 arrests for marijuana sales and, in the United States there were 775,138 marijuana arrests that year.

Many studies show that marijuana is less harmful than alcohol and tobacco, such as the study done by the official journal of the EEG and Clinical Neuroscience Society (ENCS) in 2009. The National Organization for the Reform of Marijuana Laws is living by the words of Gandhi, “Be the change you wish to see in the world,” as the group continue to push for cannabis liberation. The main objective for the organization is to educate the nation on why marijuana should be regulated by our federal government and not by drug lords on the streets. On the other hand, organizations such as My Anti Drug and Above the Influence stress zero tolerance for any drug or alcohol use.

When asked if he thought that marijuana will eventually be legalized in the United States, Frostburg Homecoming Court member Louis Mozzano, a junior international business major, said, “It is already happening." Mozzano believes that the U.S government should go with the flow of full marijuana legalization and said “The government is ignorant to believe that they can actually stop or control the underground business.” Jen Gover, a, senior history major, said, “It's not dangerous; it will just make people stupid." Immediately after her response, Mozzano, who was still standing nearby, interjected, "Not going to provide names, but I know quite a few people who got here on academic scholarships who smoke marijuana daily."

Sabrina Fendrick of the National Organization for the Reform of Marijuana Laws (NORML) and NORML Women’s Alliance spoke about the organization’s main objective, which is to “move public opinion sufficiently to achieve the repeal of marijuana prohibition so that the responsible use of cannabis by adults is no longer subject to penalty.” Fendrick expressed her passion and the passion of her fellow coworkers by stating, “It is important because innocent, otherwise law-abiding citizens are having their lives and the lives of their families destroyed, losing their homes, their children, their jobs, student loans, etc., for using a natural substance that is less harmful than alcohol or tobacco.” NORML additionally supports the development of a legally controlled market for marijuana, where consumers could purchase it from a safe, legal and regulated source. This model is referred to as legalization.

NORML, a very active group based in Washington D.C., has been making its voice heard across the country. Fendrick says that NORML filed suit against the government regarding parquet spraying, medical access to marijuana, hemp cultivation, helicopter overflight and the use of the military in domestic law enforcement; led the way to making medical marijuana available by voter initiative in 14 states and the District of Columbia; maintains a comprehensive web site, which includes a 50-state legislative tracking system, where every year hundreds of thousands of individuals inform themselves about the issue and send a free fax or an e-mail to their state and federal elected officials.” Fendrick also mentioned NORML’s release of a detailed economics report and policy analysis on the benefits of decriminalization and a series of health reports, including “Cannabinoids as Cancer Hope,” “Cannabis, Mental Health and Context,” “Cannabis and the Brain” and “Cannabis Smoke and Cancer.” Fendrick adds that NORML can be proud to have “released the most definitive collection and report on the body of research on medical cannabis, Emerging Clinical Applications for Cannabis and Cannabinoids.”

Some other ways NORML stays involved is by publishing dozens of letters to the editor within major publications every year. NORML runs the largest ‘grassroots network’ of marijuana law reform activists and has 150 chapters across the nation. NORML has also been quoted in hundreds of publications nationwide including The Wall Street Journal, The New York Times, The Washington Post, The Los Angeles Times, Christian Science Center publications, and The San Francisco Chronicle.

Many citizens who are skeptical about trying marijuana often argue, “Marijuana will make you dumb.” In response to marijuana making you less intelligent or lazy, Fendrick says, that this claim is also called anti-motivational syndrome. When Fendrick is confronted with these words she says, “I usually come back with it's the person, not the substance that causes their behavior. Otherwise, the last three presidents, Carl Sagan, Michael Phelps and many more successful scientists, athletes and intellectuals would all be incapable vegetables. I also cite NORML's Principles of Responsible Use: 1.) Adults Only 2.) No Driving 3.) Set and Setting ("Set" refers to the consumer's values, attitudes, experience and personality, and "setting" means the consumer's physical and social circumstances. The responsible cannabis consumer will be vigilant as to conditions, time, place, mood, and does not hesitate to say "no" when those conditions are not conducive to a safe, pleasant and/or productive experience. 4.) Resist Abuse (abuse means harm. Some cannabis use is harmful; most is not. That which is harmful should be discouraged; that which is not doesn’t need to be.) 5.) Respect Rights of Others.” NORML aims to branch their influence in every direction and wishes to fulfill the curiosity of any individual with a question or concern.

Corporal Dale Lewis of the Frostburg State University Police Department said, “I am not in favor of reform. I like the law right where it is.” Lewis believes that marijuana is a gateway drug that leads to hard substance abuse. “I’ve seen it growing up. After so much I think you become unsatisfied and jump to the next level.”

Lewis admitted that in his six years at Frostburg State and two years as a Frostburg city police officer that he has never had to wrestle down a person under the influence of marijuana, but he has had a couple scrapes with intoxicated individuals. “I think you can only get so high when it comes to smoking, but with drinking we all know the possible outcome when used in excess,” Lewis said. When asked for some key differences between marijuana user behavior and the behavior of a drunk, Lewis said, “Usually when dealing with someone who had just smoked a marijuana cigarette, for example, they are laid back, calm, and can function fairly normally, but with alcohol there is no control.” Lewis also noted that marijuana use is much harder to detect than alcohol. Intoxicated individuals are more obvious because of the slurring of words, inability to walk or stand very well, harsh breathing, stammering, delayed responses and reactions, and louder voices. As for marijuana smoke, “We know what it smells like and we can smell it,” Lewis said; however, the smell alone cannot land you in jail. Marijuana users are much more cautious with what they say or do because of the stricter laws for cannabis use. The individuals have much more to lose, but Lewis agrees that violence, terrible misjudgment, and the inability to function properly are not common signs of someone with tetrahydrocannabinol (THC) circulating in their system. THC is the primary psychoactive ingredient in marijuana.

I asked Lewis if it would be difficult to adjust and no longer regard marijuana users as “criminals” if and when cannabis becomes legal. Lewis responded, “No, not at all. I believe in the law and do not question it. However, legalization is already happening. It is working its way across America. If they legalized marijuana, I guarantee we would be well on our way out of debt.” Marijuana currently is the biggest cash crop in the States, surpassing corn by more than $12 million, Lewis said.

“Our main priority is safety,” said Lewis. Corporal Lewis favors marijuana use for medicinal purposes. Lewis added that alcohol withdrawal is a mind and body catastrophe. “I think as far as marijuana addiction is concerned, it is more of a mental thing. Some people just want to be high all the time,” said Lewis. When asked whether alcohol abuse is a major issue, Lewis replied, “I like my alcohol. A person can become addicted to anything; addiction doesn’t necessarily have to be physical.” Another thing Officer Lewis stressed was that if and when marijuana is legalized there need to be harsh penalties for driving under the influence, providing for minors, and operating machinery. “Harsher penalties should already be executed for the same actions in regard to alcohol,” Lewis said.

Tara Collier, lawyer of Crossland and Speis, living in Pocahontas, Maryland, says, “Currently in Maryland, being found guilty of possession of marijuana could result in one year imprisonment and/or $1,000 fine. These penalties increase if you have higher amounts of the drug justifying a charge/guilty finding for ‘possession with intent to distribute.’ In reality, personal-use marijuana offenders rarely see jail, let alone a year's worth of it.” Instead of offenders seeing the maximum penalty, Collier said, “The case is put on the stet docket on the condition that the offender complete 40 hours of community service (Stet 40).” The stet docket is the court's inactive docket. When a case is put on the stet docket, the state does not pursue prosecution. The case, in effect, just sits there. Collier said, “For one year following the case's placement on the stet docket, either the defendant or the state can request that the case be removed from the stet docket, for any reason. After one year, the court has to grant permission for this to occur, usually requiring a showing of ‘good cause.’ If a case is removed from the stet docket, it is reset to be heard/tried. The state normally only removes a case from the stet docket if the defendant finds himself in another criminal matter.” Collier added, “After a few years, a stetted matter can be expunged so that there is no record of the charges. In effect, all this amounts to is a slap on the wrist.”

When asked about Pennsylvania law, Collier said, “The penalties there are slightly higher, but not substantially so.” She represented a man who had no previous criminal record in Pennsylvania and was admitted into an Accelerated Rehabilitative Disposition program (ARD). Individuals accepted into the program are closely screened by the district attorney for no longer than two years, put in classes discussing the substance used, risk license suspension, and are ordered to perform community service. After completing the program, Collier said, “His matter will be more easily expunged, than had he not been in the program.”

When prompted to provide her opinion on law reform, Collier said, “I think that the states should consider changing the penalties for this offense, and conceivably even abolishing the laws prohibiting possession of small amounts of marijuana. I do not see that the harm of this drug is much more extreme than that of alcohol when used safely.” Collier added, “I spent a semester as a Rule 16 certified intern for the Allegany County State's Attorney's Office, prosecuting cases. It was rather shocking the number of Stet 40's that occurred weekly for this offense, which results in a fair amount of state resources as it takes up court time, the prosecutor's time, the prosecuting officer(s) have to appear, etc. Collier added, “I do believe that reform is a possibility. Other states are moving in that direction, as is public opinion on the matter.”

Collier even has heard prosecutors suggest that reform should be considered. One example of pro cannabis change comes with the new leadership of the Law Enforcement Against Prohibition (LEAP) group based in Massachusetts. Neill Franklin, a 33-year police veteran who has led anti–narcotics tasks forces with multiple state jurisdictions for the Maryland State Police and training for the Baltimore Police Department, took over leadership July 1, 2010.

If anyone is ever caught in a marijuana legal situation, Collier says, “They should, clearly, consult with an attorney. While the penalties are not great, if the matter isn't expunged it will continue to show on your record.” As for the direction for the future, Collier stated, “My impression is that the general mind set is becoming more accepting of reform of the marijuana laws.”

Dr. Grant Atwell of Meyersdale, Pennsylvania, proclaims that marijuana does hold certain medicinal properties and the United States needs to make use of the substance. Atwell says, “The proof is in the pudding. It helps with nausea during chemotherapy; it helps with radiation sickness.” He also believes the positives outweigh the negatives in regard to medical marijuana prescriptions. “It can be abused, but I think we have more alcoholics than drug users today,” Atwell says.

“I’m on the fence… and I can’t come down,” said Atwell when asked whether marijuana should be legalized and controlled like alcohol and cigarettes. “An awful lot of people use it, and a lot don’t go above that. While many hard drug users begin with marijuana, a much higher majority start with drinking alcohol, and marijuana is not very hard on the body,” Atwell said. Nicotine is more addicting.” A positive aspect regarding legalization, Grant agrees, is taxation. California estimates $1.2 billion in sales tax if marijuana is legalized. Grant acknowledges the fact that other countries do have marijuana decriminalized and says, “You don’t hear an awful lot from them.” Most recent for decriminalization is Mexico, which passed new laws August 20, 2009.

“Am I in favor of reform?” asks Atwell. “No, I’m not. Medicinal, yes, and I don’t find that contradictory. A lot of good drugs are not approved for recreational use, for instance opiates. Everyone is entitled to their opinion. I just don’t agree, but I don’t take a terribly active stance.”

Opinions are swaying in America, even if the people are not in full agreement with legalization; many people are in agreement with marijuana for medicinal use. Times are changing, and it is because of those people pushing for the legal transformation. Proposition 19 made its way onto Californian ballots during the past November election, but failed 54 percent to 46 percent. The proposition was written to control marijuana like alcohol, generate billions of dollars in revenue, allow police to focus on violent and more serious crimes, and protect the rights of medical marijuana users. Extended details on the proposition are available at yeson19.com. However, Nov. 2, 2010, was not the first attempt toward legalization. During the 1972 presidential election, marijuana legalization appeared on the ballot, but also failed with 66 percent against.

It is obvious that there is a sufficient number of Americans who believe marijuana discrimination is unjust. The numbers show that support is growing and it is only a matter of time before legalization finds its way into the history books. We have all seen what alcohol is capable of doing to the human body yet we continue to purchase it. If we can continue to drink a substance that killed approximately 22,073 Americans in 2006 (not including automobile crashes or other accidents), than why can’t we use a substance that has zero overdoses on record according to the Center for Disease Control and Prevention? On Nov. 4, 2010, two days after legalization failed in California, Dale Sky Jones, a spokeswoman for the Proposition 19 campaign, said, “We have a debate that was just heard around the world, and the conversation has only just begun.”