Several tribes will discuss this weekend whether they want to get into the cannabiz.
Michael Stusser’s column appears weekly on HigherGroundtv.com as well as the Seattle Weekly and other newspapers around the country.
It should be noted that I’m not exactly a shill for the marijuana industry. (Though product samples can be dropped off at the Weekly offices: make sure to mark packages “Legal Marijuana” lest they be confiscated by the federal post office.) That said, when there’s positive news related to cannabis, given my predilection for smoking the stuff, I have every intention of highlighting the study, report, innovation, or miracle cure—if only to counter the hundred years of Reefer Madness propaganda that came before. (They did have cool posters . . . ) With that pot-infused preamble in place, it’s time for a joke:
What’s the difference between a drunk driver and a stoned driver at a stop sign? The drunkard hauls right past, while the stoner waits for the sign to turn green.
A study released last week by the U.S. National Highway Traffic Safety Administration shows no link between marijuana use and car accidents. And while that’s no green light to smoke a fatty and jump into the Caddy, it’s yet another death knell to the “Just Say No” talking points.
Data from the Roadside Survey of Alcohol and Drug Use by Drivers showed that booze increases a driver’s accident risk sevenfold. The road risk for people who test positive for marijuana, after adjusting for other factors, is the same as driving sober. Translation: Measurable amounts of THC in a person’s system doesn’t correlate to impairment as drinking and driving do. “At the current time,” states the NHTSA report, “specific drug concentration levels cannot be reliably equated with specific degree of driver impairment.”
In defense of the pharmaceutical industry (who are also welcome to send in samples), the use of painkillers, stimulants, and antidepressants also showed no statistically significant change in accident risk.
After alcohol, THC is the most common substance found in car crashes, and its presence increased the odds of smashing into something 25 percent. That risk, however, disappears after adjusting for variables like gender, age, and race. For example, men and young people are more insane drivers than women and the aged—and they’re also more likely to smoke ganja. Once you adjust for these factors, “the significant increased risk of crash involvement associated with THC . . . is not found.” Another complicating factor has to do with THC staying in the bloodstream for weeks on end, so while you may test positively after a fender-bender, you may also have been mellowing out (and unimpaired) for days.
Clearly, it’s best if people don’t drive under the influence of marijuana. Hell, some people shouldn’t be driving under the influence of their own power . . . because they suck. I’m only 50 years old and can barely see at night; they should revoke my license because of the odd raccoon-sized floaty-things that periodically drift across my retinas. Sorry, I digress. The most important thing for marijuana users to note is, while you’re not nearly as bad as the boozers on the road, it’s best to get baked and remain couchlocked. Who wants to fire up and sit in a steel cage, anyway? Stoned driving’s just not cool, man.
TRIBAL MARIJUANA RIGHTS RECOGNIZED
The Justice Department announced in December that it would allow Native American tribes to grow and sell marijuana on their sovereign lands, which sounds about right, since THEY WERE HERE FIRST.
Tribal governments are now trying to figure out whether they want to get into the ganja game, and have scheduled a national conference on the matter to be held here in Washington on February 27.
The Affiliated Tribes of Northwest Indians, representing about 50 tribes, passed a resolution last year opposing legalization on their lands (partly due to health and safety concerns for their youth), while Washington’s Suquamish said they were exploring their options for production and sale. The Yakama tribe, with more than 10,000 members, also wants no part of legal weed, and outlawed it on both their own land (1.2 million acres) and the ancestral property (10 million acres) they ceded to the federal government.
So long as they do it in accordance with the federal guidelines set up for states that have legalized marijuana for recreational or medicinal use, any of the 568 recognized Native American tribes can grow or sell the plant. One key sidenote: When you leave the rez in a non-legal state, you damn well better leave the Kalamazoo Kush and Chinook Chronic behind, or you’re liable to be busted, big time.
The first Tribal Marijuana Conference will be held at the Tulalip Resort Casino. Tribes will pow-wow, so to speak, to discuss the future of cannabis on their territories, including cultural issues it may raise and concerns about substance abuse. Hopefully they won’t have to sit through Tulalip regulars like Engelbert Humperdinck, Billy Idol, or Tom Jones. These wonderful people have suffered enough.
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Higher Ground: Weed in the Rose Garden
The legalization battle arrives at our nation’s capital.
Every single day there’s breaking news in the marijuana movement. Alaska officially legalized weed on February 24, making it the fourth state in the Union to toss aside the chains of prohibition, and the next day, at the stroke of midnight, our nation’s capital, Washington, D.C., followed suit. #CommanderInSpleef!
But if ya think the “Just Say No” Nancy Reagan types are gently stepping aside, and the taxation and regulation of cannabis are going along swimmingly, you’ve been smoking too much of the recently legalized chronic.
In the District of Columbia, an hour before the city officially made recreational ganja legal, Republicans in the House of Representatives tossed a little fear-mongering into the mix.
“You can go to prison for this,” Rep. Jason Chaffetz (R-Utah) told The Washington Post—and the citizens of D.C. who overwhelmingly approved the initiative. ”We’re not playing a little game here.”
Reps. Chaffetz and Mark Meadows (R-N.C.) sent a memorandum to D.C. Mayor Muriel Bowser, threatening that if the city chose to move forward with pot in the District, “you will be doing so in knowing and willful violation of the law.” The right-wing reps were trying to nullify legalization—and the will of the people—through riders they’d previously attached to the unrelated trillion-dollar Congressional spending bill.
The letter went on to demand that Bowser create a list of all D.C. employees who participated in the enactment of the ballot measure, fork over their timecards, and share their salaries, apparently in an effort to create a sort of Green List. Joe McCarthy would be so proud.
Bowser’s no pushover (hell, in D.C., mayors often smoke crack just to deal with the toughness of their constituents); she let the world know she would do what more than 70 percent of her residents made clear they wanted when they passed the measure last summer. “My Administration is committed to upholding the will of DC voters,” she tweeted. “We will implement Initiative 71 in a thoughtful, responsible way.”
Police Chief Cathy Lanier is also on board, telling the American News Women’s Club, ”All those [marijuana]arrests do is make people hate us.” She added, “Marijuana smokers are not going to attack and kill a cop. They just want to get a bag of chips and relax. Alcohol is a much bigger problem.”
D.C.’s decriminalization law is a particularly big deal because of the massive racial biases behind marijuana arrests in the city. According to the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, nine out of 10 people arrested for drug offenses in D.C. between 2009 and 2012 were black. And while blacks make up slightly more than half of the city’s population, surveys show they’re no more likely than whites to use marijuana. The craziest fact of all, according to The Washington Post: White folks are more likely than any other race to be selling drugs. Let’s just say it loud and clear: The War on Drugs is a war on black Americans.
Beyond that, the new D.C. law is largely symbolic, as sales of any kind are not allowed (which also means they won’t be collecting any of those sweet tax dollars). Individuals are allowed to possess and cultivate up to six plants, but only three can be budding in the government’s backyard at a time. District residents can’t fire up on federal land (yes, that means the Lincoln Memorial), in bars or restaurants, or in public housing. Medical marijuana is allowed (it was passed in D.C. in 2010), and if you’re feeling particularly generous, you can “gift” an ounce to friends, family, and fellow residents, so long as they’re over 21. (“Mr. Speaker, I hereby offer this peace-doobie to break the gridlock . . . ”)
The road to national legalization will be paved with setbacks, scare tactics, and a social conversation about what it means to be high. As with moonshine, civil rights, and same-sex marriage, we’ll have to tinker a bit to get it right. Nebraska and Oklahoma are taking Colorado to the U.S. Supreme Court, claiming legalization is causing massive drug-enforcement problems, with too many pickups full of Denver ganja entering their backyards. Last week all nine former DEA heads joined the brief. It points to red state/blue state differences, and serves as yet another reminder that, yes, marijuana is still illegal at the federal level.
But in a sign that we can all get along, a man walked into the Sixth District police station in D.C. last Monday and asked for his previously seized weed back. (He’d been arrested for a charge unrelated to drugs, and, along with a belt and a wallet, had his stash taken during processing.) As possession of two ounces or less is fully legal, an officer gave him his baggie of marijuana. Progress, apparently, comes in small doses.
This article first appeared in The Seattle Weekly.
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The October 1 Buzzkill
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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The Good, the Bad, & the Very Ugly
An Afghanistan/Iraq vet faces a life sentence for less than an ounce. Thanks, Oklahoma.
The Good
Oregon has joined Alaska, Colorado, D.C., and our own great state in the Brotherhood of Ganja, officially legalizing marijuana on July 1. In several ways, the Oregonians are doing it better than us, allowing home grows (four plants each), setting the tax at 17 percent (as compared to our newly lowered but still obnoxious 37 percent excise tax), expunging the records of those with cannabis convictions, and even letting citizens fly with weed within the state. Oregon also allows the most pot per person of any of the legal states: up to half a pound of Grade A herb (eight ounces) as compared to our paltry single-ounce (or 28-gram) limit. Adults 21 and over can carry up to an ounce of cannabis and have a pound of edibles in their homes, as well as 72 ounces of cannabis-infused liquids. To get a sense of how much weed you can possess, the Portland Police Bureau’s handy reference guide compares chronic quantities to the city’s famous Voodoo donuts.As for buying weed at a retail outlet: Not so fast, Portlandia. Because of bureaucratic red tape (green tape?), Oregon’s recreational stores may not be up and running until fall 2016. Governor Kate Brown is considering signing a law that would allow sales of recreational cannabis by existing medical dispensaries to begin October 1. Of course, Rose City residents are always welcome in Rain City if they’re running low in the meantime. Visitors will have to smoke all their legal ganja before they head back to P-Town, however: Ya can’t bring cannabis across state lines in either direction.
The Bad
Rush Limbaugh. Just the mention of his name can make you throw up in your mouth a little bit. The Great Bloated Reefer Madness Fiend was at it again last month on his why-is-this-still-on-the-air radio show.“I don’t have any experience with this so I’m unable to render an opinion,” said Limbaugh. “Maybe I should go smoke some and find out what this is all about and be able to render an . . . [indecipherable mumbling]Oh, yeah, eat a brownie. That’s what ‘wake and bake’ means, right? Yeah, there’s an NFL player who had a Snapchat or Instagram post. He woke up and he’s all happy, and said, ‘Time to wake and bake,’ and somebody said, ‘Wow, that guy does the weed.’ So that’s what wake and bake means. Bake some cookies or brownies, I guess. Have you had them? . . . [heavy breathing]What do they taste like? . . . [more gasping, munching sounds]I do wonder what they taste like.”
OK, a few notes and we’ll move on. First, “waking and baking” is not about edibles—“baking” is a reference to adding a heated element, such as fire, to cannabis, then inhaling through a device. Secondly, the “waking” part of a wake ’n’ bake, in stoner’s parlance, means rising each morning and taking a hit off a pipe or bong. Lastly, Mr. Limbo, I highly suggest, if you truly haven’t already, trying some of the wacky weed. Unlike the oxycodone you so covet, it’s not addictive, and might even calm you while the last of your rapidly dwindling minions abandon your show.
The Very Ugly
It bears repeating that, until marijuana is legalized federally, hundreds of thousands of Americans will continue to be arrested for possession of the plant, and our veterans and loved ones will not have access to its medicinal properties.In our least favorite state, Oklahoma, Marine veteran Kris Lewandowski is facing a life sentence for possession of less than an ounce of weed—which he was using to help cope with PTSD. Lewandowski, who served three combat tours of duty that included stints in Afghanistan and Iraq (thank you for your service), was attempting to wean himself off a fistful of pharmaceuticals that he’d been prescribed for a variety of ailments, including severe PTSD after being honorably and medically discharged from the Marine Corps.
In June 2014, neighbors called the police after Lewandowski had what his wife described as a PTSD flare-up. Comanche County sheriff’s deputies responded to a report that Lewandowski had been chasing his wife with a knife. Cops searched the house, finding six small cannabis plants that did not total a single ounce; in Oklahoma, that’s bad news no matter how many tours you’ve served. Among other offenses, including a disputed domestic-violence charge, the war veteran and father of three was charged with felony marijuana possession and cultivation, and could potentially serve a life sentence under Oklahoma’s draconian weed laws.
Both Kris and his wife Whitney were arrested and charged with felonies, and were told their children were being taken to Child Protective Services. The police told Whitney her kids could avoid that fate—and she’d avoid the felony charge—if she pressed assault charges. Though she opposes the domestic-violence charge, she understandably took the deal. “They’re trying to use me as a victim and to make it look worse on his case,” said Whitney in an interview with Truth in Media. “My husband has absolutely never laid his hands on me ever. He is not an abusive man, ever . . . quite the opposite. He is extremely doting.”
Since the arrest, the family packed up and moved to California (with the Oklahoma DAs approval), where Kris legally obtained a medical-marijuana card to treat his PTSD. After inadvertently missing a court date—while under supervision at a Veterans Administration psych hospital!—Lewandowski was arrested in a guns-drawn raid as he was picking up his kids from preschool. The veteran is currently in police custody at the Orange County Jail, where he awaits extradition to Oklahoma to face his charges. There’s a GoFundMe campaign for those wishing to help with the family’s legal defense, as well as a Weed for Warriors Project. Lewandowski’s next hearing is scheduled for July 22. #SupportOurTroops.
UPDATE (July 20, 2015):
According to the Weed for Warriors project, all felony charges have been dropped against Marine veteran Kris Lewandowski, he has been released from jail, and the remaining charges have been transferred to veteran’s court. Lewandowski had been charged with marijuana possession which he had been growing to treat his PTSD. Under Oklahoma’s sentencing guidelines, he potentially could have served life in prison for the possession and cultivation of cannabis.
