When I talk to my friends about the marijuana movement, most think it’s a fun idea that’s basically run its course. I mean, everyone agrees pot will eventually be legal, right? So what’s left to talk about? While folks in four states can now get high as a kite without consequences, more than 600,000 citizens are arrested each year for marijuana-related offenses, and almost 100,000 men and women currently serve sentences for drug offenses. Looking at the details of some of these cases makes your head spin—not in a hilarious hazy-fog kinda way, more in a Linda Blair-in-Exorcist kinda way. In an effort to show how lucky we are, how ridiculous federal policy is, and how much work still remains, allow me to share a few details of those affected by the War on Drugs.
Antonio Bascaró, now 80, has been imprisoned for 35 years after smuggling pot in a fishing boat from Columbia to Florida. No violence, no hard drugs, no prior offenses—just a bail of weed and some bad luck. Bascaró’s sentence does not qualify for the U.S. Sentencing Commission reform guidelines (which have shortened drug sentences for 40,000 federal prisoners), because—get this—the sentence itself is too old to be shortened. Convicted in 1980, he holds the record as the U.S.’s longest-serving marijuana prisoner—a record I’m sure he’d happily relinquish if he could enjoy as a free man a few of his remaining days. The good news? His original sentence has been chopped by 20 years due to good behavior. His new release date? June 2019.
Canadians like locking up old hippies too. 76-year-old grandpa Donald Clarkson was just sent to a slammer north of the border for growing 150 plants in his rental house. The ex-trucker told the judge he’d started the grow operation only to supplement his meager pension. Guess Gramps should have tried a different entrepreneurial effort, cuz he’ll be serving the minimum sentence, six months, under Canada’s (recently toughened) federal drug laws after pleading guilty to production of marijuana for the purposes of trafficking.
Shona Banda, 37, lost custody of her 11-year-old son on March 24 after the boy questioned some of the Reefer Madness being delivered in a drug- and alcohol-education program at his school—and mentioned the medical marijuana in his own home. School officials in Kansas then contacted the police, who went to the house on a “welfare check” and found cannabis and drug paraphernalia in the kitchen. Officers subsequently took the boy into protective custody. Banda uses cannabis oil to treat her Crohn’s disease. A fundraising website for Banda’s legal defense states that her son “disagreed with some of the anti-pot points that were being made by school officials.” After a hearing last Monday, Kansas authorities refused to give Banda her son back and placed him into protective custody. Banda, the author of Live Free or Die: Reclaim Your Life . . . Reclaim Your Country (about her medical use of cannabis oil), is generating a ton of support and publicity, and clearly will not go down without a fight. The case has been forwarded to the district attorney’s office, where possible charges include possession of marijuana with the intent to distribute and child endangerment.
In 2012, a Maryland District judge planned on letting Ronald Hammond off with a fine for his possession charge, saying there wasn’t enough weed in the case to “roll you a decent joint.” Hammond agreed to pay a $100 fine. Problem was that Hammond had then officially violated parole for a 2009 drug charge—so instead of the $100 ticket, the charge triggered a 20-year prison sentence. Like so many caught in the system, Hammond got just two strikes and he was out (for decades).
The folks at Seattle Hempfest have been advocating for those imprisoned for pot for more than two decades now; they’ve also “adopted” several men serving life sentences without the possibility of parole for cannabis-related charges. One adopted prisoner is writer George Martorano, who has been in prison 32 years. He’s serving a life sentence—the longest prison term ever imposed on a nonviolent first-time offender in American history. (USA! USA!) Martorano has written more than 30 books (including self-help books for inmates); with all that confinement, he’s certainly got the time.
“Truly my greatest fear of prison,” he wrote on his website, freegeorge.us., “is to die and no one knowing of I, prisoner 12973, thus I must write.”
I’m sure there were people in 1964 who, after passage of the landmark Civil Rights Act, felt the movement had done its job and was over. After all, the Act outlawed discrimination based on race, color, religion, sex, or national origin. Unfortunately, the cause for that movement—as well as the legalization movement—still exists. The struggle is not even close to being over. So we push on . . . and continue the dialogue. To get involved, go to hempfest.org, drugpolicy.org or clemencyreport.org.
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The Weed Wire
A pot ad ran on TV—almost.
NOT READY FOR PRIME TIME
The first-ever recreational-marijuana ad for television was supposed to air last month duringJimmy Kimmel Live on a Denver-based ABC affiliate. At the last minute, KMGH (Channel 7) got cold feet, pulling the plug after the station’s lawyers freaked out.
The ad, for Neos, a vaporizer and cannabis-oil company, was hardly Cheech and Chong—in fact, it didn’t show marijuana at all. Instead, the spot featured young people hiking up mountain trails and enjoying themselves—weed-free. “You lead an adventurous life, always finding new ways to relax,” boomed the REI-looking advert. “Now enjoy the best effects and control with Neos portable vape pen and recreate discreetly this summer.” Blasphemous!
The station is owned by E.W. Scripps Company, which yanked the spot due to concerns the feds might revoke their broadcasting license for showcasing a substance on federal airwaves that’s illegal at the national level. “Scripps has decided not to accept marijuana advertising at this time,” said Scripps mouthpiece Valerie Miller. “We are proud to be a company of free speech and open expression, but we have concerns about the lack of clarity around federal regulations that govern broadcast involving such ads.”
The same last-minute ditch happened last week in Portland, when ABC affiliate network KATU pulled a marijuana-related commercial that was supposed to run during the six o’clock hour. Again, the ad didn’t feature fat nugs or hipsters firing up—it was for September’s Oregon Medical Marijuana Business Conference. And we’d hate for anyone to attend that, right!?
Ya can’t blame the stations, really; they’re terrified about the possibility of losing their FCC licenses. The Controlled Substances Act is serious and specific about not allowing advertising that promotes Schedule I drugs. In fact, a violation of Section 843 is a felony, kids, with prison time and a roommate who’s probably not nearly as friendly as those featured on ABC shows, includingRevenge, Scandal, American Crime, Castle, Rookie Blue, How to Get Away With Murder, et al…
Those marijuana ads may have gone up in smoke, but they’re the beginning of a move toward the mainstream. As noted, local and state laws are well and good, but issues like banking, medical coverage, insurance, and taxes—and now advertisements—are eventually going to need to be approved by Uncle Sam. (The FCC has no problem, of course, with the alcohol industry spending $2 billion a year on advertising and over $500 million on TV ads alone, much less Viagra ads galore.) Before you know it, a canna-company could be advertising alongside Bud Light in the Super Bowl. (Emphasis on the Bowl.)
CALIFORNIA 2016
The next governor of California, Gavin Newsom, spearheaded a report on legalization in his state, intended to influence the half-dozen groups crafting pro-marijuana ballot proposals for 2016. Before we get to the details, let’s note one important factor: Newsom’s an incredibly handsome bastard! Guy makes Gary Hart look downright hideous! (Sorry, Gary.)The Blue Ribbon Commission on Marijuana Policy’s report emphasizes child safety, tight regulations on sales, safeguarding access for medical-marijuana users, and preventing the next “Big Tobacco.” God, he’s got great hair! (Sorry.) The 24-member panel, convened by the Brill Boy and American Civil Liberties Union of Northern California, lays out 58 recommendations addressing, among other things, training standards, stoned driving, age limits, and taxes for public health programs. “We’re not arguing for a free market,” noted the beautiful Lt. Governor. “We’re arguing for a very regulated market that has real oversight, that is flexible.” (I bet he’sflexible.)
The report recommends a flexible tax structure that’s not too high (which would encourage black-market exchanges) or too low (which would encourage teenagers), and that is also union-friendly. (When you’re in Cali, ya gotta kiss up to the unions, even the ones growing ganja.) It also suggests tax revenue go toward drug education, treatment programs, and policing illegal growers who are sucking up water from streams and public parks.
One small problem with the group’s report: Though there are a shitload of pot smokers in California (almost 15 percent of all pot smokers in the U.S.), overall it’s an export state! It’s estimated that California grows almost 40 percent of the nation’s marijuana—and exports over 70 percent of that! Makes me wonder if these powerful and rich growers really are interested in a seed-to-sale tracking system that taxes, inspects, licenses, and regulates marijuana.
OUT OF SIGHT
Gov. Jay Inslee just signed a new open-container law, making it illegal for unwrapped cannabis edibles and other weed products to be visible in the cockpit of a car. House Bill 1276 is an attempt to get marijuana laws in line with those pertaining to drinking and driving. Just as open alcohol containers are illegal inside vehicles (including the glovebox!), now weed is too. So keep your bong, joints, nugs, brownies, and baggies of Blueberry Kush in the trunk. And if you happen to be driving a VW bus that has no trunk (or minivan, Mom), the law states that marijuana items must be stored behind the seat furthest from the steering wheel. Which is probably where the pot smokers are hangin’ out anyway. What a long, strange road trip this has been . . . -
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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Doo-bie or Not Doo-bie . . . What Was the Question?
Evidence, textual and physical, about the Bard’s indulgence.
Wanna know how William Shakespeare was so far ahead of his time in regard to wondrous wordplay and wildly imaginative scenes and sonnets? Well, it could be that the loquacious Bard was hitting the bong! According to a recent report in The Independent, forensic analysis of 400-year-old fragments found cannabis residue on pipes and stems scattered on Shakespeare’s property.
A team from the Institute of Evolutionary Studies in South Africa conducted a chemical analysis of the 17th-century artifacts, excavated in 2001, from Stratford-on-Avon, and found marijuana on eight of 24 clay samples on the grounds, including four pot-positive pipes from his own garden.
Lead researcher Professor Francis Thackeray (University of Witwatersrand) thinks weed may have helped inspire history’s greatest playwright, pointing out a line from Sonnet 76.
“In Sonnet 76 he writes about ‘invention in a noted weed.’ This can be interpreted to mean that Shakespeare was willing to use ‘weed’ (cannabis) for creative writing (‘invention’),” Thackeray went out on a limb to explain. “In the same sonnet it appears that he would prefer not to be associated with ‘compounds strange,’ which can be interpreted, at least potentially, to mean ‘strange drugs’ (possibly cocaine). Sonnet 76 may relate to complex wordplay relating in part to drugs, and in part to a style of writing associated with clothing (‘weeds’) or literary compounds.”
Two additional pipes from the excavation area did indeed test positive for cocaine—or coca leaves—said to have been brought back from Peru in the late 1500s by Sir Francis “Vacuum-Cleaner” Drake. While these coca-contraptions were near Shakespeare’s domicile, they weren’t actually on his property, so it’s doubtful Bill was hitting the crack pipe.
Plenty of stuffy scholars are scoffing at the notion Shakespeare used cannabis (while probably themselves scraping dusty ancient snuffboxes for residue). “I suppose it’s remotely possible that Shakespeare and his family were getting a buzz from what they were smoking,” harrumphed Harvard professor Stephen Greenblatt, “but I very much doubt that it played any meaningful role in his life.” Not willing to give up his own afternoon hot toddys, the English prof continued, saying, “Alcohol is a much more likely stimulant for Shakespeare’s imagination, and even that is probably unimportant.” Uh, FYI, Prof, #MarijuanaIsSafer.
Given his place and time, you couldn’t really blame the brilliant Bard for craving a little pick-me-up during his famous 18-hour writing binges. Tea, coffee, espresso, and RedBull were unavailable then, and everyone, including the Sweet Swan of Avon, has a vice. In fact, Brits had been hitting the pipe for centuries, as well as using hemp for paper. (Pope Innocent VIII put a damper on open use when he singled out cannabis as an unholy sacrament of the Satanic mass. #ReeferMadness) In fact, in 1563 Queen Elizabeth I issued a formal decree forcing land owners of 60 acres or more to grow cannabis or be smacked with her cane (and a £5 fine).
It is of course possible that this is much ado about nothing, and that someone else was smoking ganja out of the Bard’s bud-pipes. Nevertheless, I have decided to throw some scientific evidence of my own (read cockamamy hearsay) into the marijuana mix, proving once and for all that Shakes was a sacred stoner: It’s said that Shakespeare coined over 2,000 words in his lifetime, including eyeball, gossip, gnarled (gnarly, dude!), unreal (Bro!), dwindle, puking, laughable, rant, hobnob, buzzer, besmirch, beached, bedazzled, cold-blooded, zany, addiction, arch-villain, new-fangled, swagger, and drugged! Heigh-ho and Great Tilly-Valley, that’s buzzed brainstorming at its best!
And more obvious evidence—his inspired insults! No poet could come up with linguistic gymnastics such as beslubbering, clapper-clawed, beef-witted, loggerheaded, flap-mouthed, bum-bailey, unmuzzled, onion-eyed, and miscreant without being high as a pox-marked pignut!
To inhale or not inhale, that is the question. A report from Psychology Today notes that cannabis can evoke psychotomimetic symptoms, or what’s known as “peak consciousness,” allowing users to break free from pedestrian associations and connect seemingly unrelated concepts—a key element in creative thinking. Whether or not Shakespeare smoked salvia or imbibed indica, I bid you adieu with wondrous and trippy words from The Tempest, Act III, Scene 2—evidence he’s high on life, or weed, or the wings of angels.
At thy request, monster, I will do reason, any reason.—
Come on, Trinculo, let us sing.
(sings) Flout ’em and scout ’em,
And scout ’em and flout ’em.
Thought is free.
