Legal pot was supposed to bring Oregon some joy.
October 1 was supposed to be a day of historic joy in Oregon, as legal sales of marijuana were finally allowed, ending decades of Prohibition in one of the states leading the charge on the issue. Instead, the celebration was interrupted by a shooting at Umpqua Community College, where (yet another) mentally disturbed young man went on a mass killing spree with a semi-automatic weapon. Hard to stand in line for an ounce of primo weed, high-fiving budtenders, and fellow stoners at a recreational store when friends and neighbors next door are unsure if their own children are among the dead.
Now, not being able to celebrate legalized cannabis is hardly the point, but the crushing reality of gun violence and the number of dampened dreams it represents surely is. Family members and loved ones are hitting the airwaves, followed by mayors and clergy and those damn pundits, to grieve and vent and pass the blame. Eventually then the experts and advocates and peaceniks will speak clearly and articulately of the fact-based changes that surely should be made, including assault-rifle bans, waiting periods, gun safety training, and closing whatever the hell the fucking gun-show loophole is.
Those propping up Reefer Madness are full of hate and denial and lies which obscure not only the truth, but the will of the people. The four states thus far that have legalized cannabis have overcome odds, clichés, and a massive industry not willing to change—in this case the pharmaceutical companies that make billions off fixing our ailments with addictive, toxic substances that can’t be grown at home, and the prison-industrial complex that thrives on a War on Drugs and the 650,000 (mostly black) Americans who are arrested each year for marijuana-related offenses.
Gun control’s fierce and well-funded minority opponent is well-known: the National Rifle Association. No real reason to go into the litany of strategies and threats and bullying and buying-off of politicans that the organization employs; you’ve heard them all before—I’d be preaching to the masses. And yet . . .
Insanity is said to be doing the same thing over and over and expecting a different result. So. As of today, October 7, in the first 280 days of the year, we’ve had 294 mass shootings (in which four or more people are killed or injured by gunfire) in the United States. In all, 10,000 have been killed and 20,000 injured in almost 40,000 episodes of gun violence so far this year. And counting.
The President, who is, like all of us, to blame for inaction on the issue, got as pissed as you’ll ever see him when, for the 15th time in his presidency, he had to hold a press conference after a mass shooting.
“This is a political choice we make to allow this to happen every few months in America,” he said. “We are collectively answerable to those families, who lose their loved ones, because of our inaction.”
Democracy, related to any issue of concern, requires participation, and not in an “I vote every four years” kinda way. Each of the four states that have legalized recreational marijuana—Washington, Alaska, Colorado, Oregon—had to do so through citizens’ initiatives, as lawmakers saw no political advantage to taking the lead and lobbyists for Captains of Industry paid them handsomely to stay mute on the issue. Even among the 23 states with medical-marijuana laws—which more than 80 percent of the public now supports—all but 10 had to do so via ballot measures. And so it seems that may have to be the path forward on gun regulations, an issue in which a huge majority supports common-sense restrictions.
Until then, I urge joining the Coalition to Stop Gun Violence. It also can’t hurt to directly contact your congressperson to demand she or he introduce and support strong gun-control laws. We can change the course of history, overcome corporate opposition, and win on the issue of gun violence—no, terrorism—that’s tearing our country apart. And when we do, then we can really celebrate, without interruption.
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High Court Is In Session
The judicial branch weighs in on employee marijuana rights, drug doggies, and more.
Sooner or later, everything winds up in court. You spilled a scalding cup of java on your nads at the McDonald’s drive-through; the insurance company refuses to pay for “water damage”; you’re tired of arsenic in the drinking water; ya feel like suing Costco . . . just because. And now that cannabis is entering the mainstream, it’s time to lawyer up, in this week’s legal round-up.
Legal Weed, But Not if You Have a Job
Colorado’s Supreme Court ruled last week that, regardless of the state’s legalization of marijuana, an employer can fire a worker who uses cannabis, even for medical reasons. The case couldn’t have had a more sympathetic poster boy: Brandon Coats, a 34-year-old quadriplegic, was a model employee, but was fired by Dish Network in 2010 after failing a random company drug test. (As if we needed another reason to hate television service providers.) Medical pot has been legal in Colorado since 2000, and Coats had a doctor’s authorization. He never smoked weed at work—nor was he ever under the influence during the day; he used cannabis in the evenings to help with sleep, muscle spasms, and stiffness. Even Dish doesn’t dispute this assertion. Nevertheless, a failed drug test won’t fly in the Zero Tolerance zone, and so, even though his home use was legal and off-duty, the company used their drug policy to terminate Coats.While both medical and recreational marijuana are legal in Colorado, the court agreed unanimously (6-0) with the satellite television company, stating that laws that protect employees from being fired for “lawful activities” hold water only when those activities are legal under bothstate and federal law. Dish officials said they were as pleased as (non-alcoholic) punch with the decision: “As a national employer, Dish remains committed to a drug-free workplace and compliance with federal law.” Obviously, this ruling may waft over to Washington, which, like Colorado, has legalized recreational cannabis and is one of the 23 medical-MJ states. There’s only one solution to all this nonsense: Legalize cannabis at the federal level.
Good Doggy!
Earlier this month, the U.S. Supreme Court ruled that it is unconstitutional for the police to hold suspects at traffic stops without probable cause. That’s good news for folks with trunkloads full of contraband; cops can’t keep you waiting until the drug-sniffing dogs show up. (In Washington, of course, you’re allowed to drive around with up to an ounce of weed in your vehicle, though it’s probably not a great idea.) In the 6-3 decision, the justices ruled that holding a vehicle for even a few minutes violates the Constitution’s unreasonable-seizure shield. Everyone’s favorite justice, Ruth Bader Ginsburg, wrote in her opinion: “Police may not prolong detention of a car and driver beyond the time reasonably required to address the traffic violation.”As noted in my cover story (“Fear & Loathing in Legal Territory,” Feb. 4, 2015), drug-sniffing canines here in Washington are being retrained for other tasks, as the smell of ganja is no longer a reason for suspicion.
Blazing on the Front Porch
While I am not a lawyer by training, I have seen several episodes of Boston Legal (big fan of Bill Shatner’s over-the-top performances), and thus can conjecture. That may not be the correct term. Point is, I can extrapolate. So when I read about the Iowa Supreme Court affirming the right of a gal to be shitfaced drunk on her own porch, I’m seeing a green light for cannabis. In 2013, Patience Paye called the cops on her boyfriend. When officers showed up to investigate for domestic violence, they determined she was the aggressor, asked if she’d been drinking (she had indeed, with over three times the legal limit in her blood), and charged her with public intoxication. Paye’s lawyers appealed her conviction, making a case that her front steps weren’t public at all, and that she should never have been arrested. Patience was patient, and the Supreme Court saw her point, ruling last week that the porch of a private home isn’t considered public, so long as the resident hasn’t invited the general public to be there. It just follows, then, that if ya don’t invite the masses to smoke a fatty on your stoop, ya can’t be charged with public stonification. That’s just logical, man.Canna-Bar
To make sure that these legal lawsuits and challenges continue to advance the cause, we now have the National Cannabis Bar Association! The goal of the newly formed NCBA is to provide attorneys who are specializing in cannabis a place to get stoned and talk shop. Well, that, and to provide a networking platform to share ideas and strategies for a rapidly changing industry and complex political landscape.“Attorneys have long been at the forefront of the fight for cannabis legalization,” said executive director Shabnam Malek. “Now that 23 states and Washington, D.C., have some form of legalized cannabis, there is a clear need for an organization focused on the business aspects of law and cannabis.”
The NCBA board comprises legal eagles from six states (including Seattle attorney Mitzi Vaughn of Greenbridge Corporate Counsel). The organization is open not only to practicing attorneys, but to paralegals, law students, and retired lawyers who just want to get their hands on some of the legal chronic. On the advice of legal counsel, we withdraw that last statement.
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Higher Ground: Christian Chronic, Killer Pot, and Some Suing Sheriffs
Passing the dutchie to the right this time.
The idea of Higher Ground is to “elevate the dialogue,” and thus it’s important to remain open-minded to individuals and organizations on all sides of the marijuana-legalization conversation. With that in mind, let’s light the peace pipe and reach the roach across the aisle.WHAT WOULD JESUS DOO-BIE? Strongly opposing marijuana legislation are activists Alan Gordon and Anne Armstrong, who made headlines by bum-rushing a press conference supporting a new state legalization bill in Rhode Island. The duo aren’t against the notion of legal weed, but instead believe that taxing the plant is against the teachings of the Bible, and Satanic for putting money over patients’ rights. They take issue with the language of the law, claiming medical use of cannabis (which they believe is the Biblical plant called “kaneh-bos”) outweighs any laws, restrictions, or taxes.
“ ‘Marihuana’ is a slang term popularized by William Randolph Hearst in his ‘yellow journalism’ Reefer Madness-type propaganda,” Armstrong told Marijuana.com. “To pass laws about ‘cannabis,’ the plant specified in the Bible as essential to the Holy Anointing Oil, as ‘marijuana’ is as offensive to me as would be a law referring to ‘Equal Pay for Bimbos.’ ”
Gordon and Armstrong will be planting fields of the sacred herb in National Parks this summer, and dedicating them to religious freedom.
Praise Sativas!
CHRONIC KILLS New York Police Commissioner Bill Bratton is claiming that ganja is responsible for the murders, mayhem, and overall rise in crime in the Big Apple for the first three months of this year.
“In this city, people are killing each other over marijuana more so than anything we had to deal with in the ’80s and ’90s with heroin and cocaine,” Bratton stated. While murders in NYC have increased 17 percent from last year, whether pot is to blame is somewhat questionable. The overall crime rate in New York City is actually down: felony assaults have decreased 18 percent, robberies 22 percent, and crime on subways more than 25 percent.
Compare that to the largest cities that have legalized weed: In Denver, homicides are down 24 percent, but in Seattle they’ve soared—from 23 to 26. And the biggest fact-check of all: In 1990 there were 2,245 murders in New York. Last year? 383. While I’m attempting to be objective, it seems as though the marijuana plant’s not killing anyone.
SHERIFFS SUE While the Evergreen State skates, for some reason Colorado’s getting picked on, and has already been sued by neighboring states Nebraska and Oklahoma for its dope-smokin’ ways. Now a group of sheriffs from Kansas and Nebraska, and even inside Colorado, are piling on, and also filing suit.
“When these Colorado Sheriffs encounter marijuana while performing their duties,” the new lawsuit states, “each is placed in the position of having to choose between violating his oath to uphold the U.S. Constitution and violating his oath to uphold the Colorado Constitution.”
The reason sheriffs from Kansas and Nebraska submitted the initial lawsuit had to do with the porous borders their states share with Colorado. Apparently, it’s too damn easy for Okies to mosey over to Colorado, pick up that-there marihuana, and cruise back home with the wacky weed to share with friends and family at the annual Toothless BBQ. (Sorry, I’m really trying here, I swear.) In addition to violating federal law, officers state, legalization in Colorado jeopardizes the U.S.’s compliance with international anti-drug treaties.
As the sheriffs put it, departments are “suffering a direct and significant detrimental impact, namely the diversion of limited manpower and resources to arrest and process suspected and convicted felons involved in the increased illegal marijuana trafficking or transportation in their jurisdictions.” Maybe they should consider legalizing it.
Funded by the Florida-based Drug Free America Foundation, the suit goes on to play the Kid Card! “As a result of Amendment 64-related interdiction efforts,” it mopes, “departments have been forced to scale back on drug education and awareness programs in schools.” That hurts. (A related aside: Marijuana sales in Colorado since Jan. 1, 2014 have brought in $15.6 million in excise taxes specifically earmarked and voter-approved solely for public schools, according to the director of the office of capital construction for the state’s Education Department . . . just sayin’.)
LEGALIZE LETTUCE Finally, a pro-life, pro-gun, Tea-Partying Texas Republican has a unique and simple take on the legalization matter: Take every law that prohibits weed off the books. Representative David Simpson of Longview said his bill would increase individual liberties and decrease government control, bedrock values of the conservative movement’s libertarian wing.
“I think we’re at a tipping point,” Simpson said. “I think it’s clear the war on drugs has failed, that the war mentality has eroded individual rights, the sanctity of one’s home, the ability to travel freely with dignity. And at the root of all this is prohibition.”
The bill is as no-nonsense as the man behind it. Rather than add flowery language about taxation and registration, House Bill 2165 simply regulates marijuana . . . as a plant.
“I’m hopeful that if this bill were to pass, we could see hemp cultivated and used as ropes,” noted Simpson. “We can see the marijuana with differing levels of THC used medicinally. I think it’s the right thing to do. It’s the conservative thing to do.”
The bill allows folks to farm it and use it, like tomatoes, coffee, and corn. Untaxed. Deregulated. Done and get ’er done.
This article first appeared in the Seattle Weekly -
We’re Going to Have a Weed Party
Washington legislators are doing everything they can to keep marijuana users from smoking together. It’s time that stopped.
It’s time for us to come together and smoke marijuana.
Over and over, legislators at all levels in Washington state have prevented us from doing just that by hampering public marijuana use—in fact, a recent law makes providing a place for public use a Class C felony. Lawmakers are making it impossible to promote and celebrate cannabis. Thus it’s time for some civil disobedience.
As an example of how cannabis can be used to elevate our civic engagement, let’s look at a state that’s getting certain things right: Colorado. Not only is the state working with its medical-marijuana dispensaries to expand patient care, many jurisdictions have licensed, members-only marijuana clubs where adults can safely use and learn about cannabis in a social, alcohol-free environment. In Seattle? Not allowed!
Colorado is also considering various social pot-use initiatives that would allow vape lounges and cannabis cafes. Another proposal would allow adults to bring marijuana into bars, theaters and restaurants. These establishments would all have dedicated smoking areas for adults, and smoking would never be visible from within 25 feet of any public space.
Colorado’s also leap years ahead on public events involving ganja. The best one I’ve seen so far was a collaboration between Edible Events, a cannabis company, and the Colorado Symphony. Called “Classically Cannabis” in the symphony’s High Note Series, it was a Bring Your Own Bud evening, including swag tables full of lighters and rolling papers, a designated smoking patio, and a parking lot full of food trucks for when the munchies kicked in. (Don’t get mustard on your tux, man!)
We legalized weed here in Washington. That’s a fact. (So is the $70 million in tax revenue we collected in our first year, which the legislature had no problem spending.) It’s also a fact that legislative pinheads are getting in the way of the public actually using it. “Once people have the right to acquire cannabis, the next logical step forward is figuring out what do they do with it,” says Hilary Bricken, head attorney at Seattle’s Canna Law Group. “People are saying, ‘So I can have it, but where can I use it and not feel like a criminal?’ ”
A voter-approved initiative banned cigar lounges (and all indoor smoking in public places) in 2005, and the mayor is attempting to shutter all private hookah lounges as well. We’ve already discussed the city’s no-smoking ban in parks. And now, with the passage of this summer’s draconian Bill 2136, marijuana clubs can’t exist either: “ ‘Marijuana club’ means a club, association, or other business, for profit or otherwise, that conducts or maintains a premises for the primary or incidental purpose of providing a location where members or other persons may keep or consume marijuana on the premises.” While designed to kill cannabis clubs, the law is (most likely) illegal, as it makes it impossible for medical patients to provide marijuana to other patients.
Even the Seattle City Attorney’s office thinks this is overkill. “We’ve supported creating adult-only areas where people can legally consume marijuana in order to avoid the problems caused by people using marijuana in public spaces, like streets and parks,” said Deputy City Attorney John Schochet. “Unfortunately, the blanket felony ban on ‘marijuana clubs’ in HB 2136 makes that impossible under current law. We hope to get that fixed during the next legislative session.” In the meantime, you’d be a fool to risk being arrested with a felony conviction on the line.
The Evergreen State needs to get some basic elements about legalization in place so as not become a laughingstock, and because the voters demand it! We need to be able to grow marijuana for personal use. (All the other legal states have this in place.) We need to decriminalize marijuana and expunge all records of those who were arrested and imprisoned for nonviolent marijuana-related offenses. And we need to allow and accommodate the actual smoking and vaping and ingesting of cannabis in adult spaces such as vape lounges, stoned cinemas, culinary tastings, art events, and Bud & Breakfasts.
The fact is, not only do people use marijuana, but they support the legalization and taxation of the plant for recreational purposes. It’s fun! It’s social! It’s no longer taboo! You’ve seen beer gardens and cocktail classes and wine-tastings galore, right? Oktoberfest, anyone? Walla Walla wine tours? Craft-beer workshops!? Hell, Smirnoff Vodka just signed as the official sponsor of LiveNation at 25 music festivals, and Blu, an e-cigarette (owned by Imperial Tobacco) sponsors IndyCar, handing out samples of their toxic-sticks at auto races! Marijuana may be safer than alcohol, but it’s still being shunned and shamed and banned throughout the state.
Well, guess what? In order to get it right (and rolling), I’ve decided to host a series of Higher Ground Cannabis Cultural Events. It’s not a club. I won’t sell tickets, and I won’t sell weed. We also won’t pass joints around—as, shockingly, this is a felony offense (considered “possession and distribution,” with potentially five years in the slammer and a $10,000 fine!) The gig will be BYOBong—and we’ll all get along. It will be educational, instructive, and a way to exercise our rights. I’ve lined up one of Seattle’s best bands, and we’ll have a few surprise guests to elevate the dialogue. We’ll proudly and safely use cannabis in an adult-only environment, and have a damn fine time!
