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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Higher Ground: A Vision of the Marijuana Movement From the Future—April 20, 2020
A look back at the next five years.
As I write this on April 20, 2020, I’m impressed by how far the legalization movement has come since Washington and Colorado first voted to legalize recreational marijuana in 2012. I am still alarmed we’ve not yet overturned prohibition at the federal level, but let’s take a look at how far we’ve come.STATES
Seventeen states have now legalized cannabis, including Minnesota, Florida, and, surprisingly, Arizona. The third time was a charm for California, which finally legalized weed after ballot initiatives were defeated in both 2010 and 2016. (In each of those elections, competing ballot measures confused and divided the already-stoned masses.)Of the 17 states to fully legalize, tax, and regulate cannabis, only Hawaii and Massachusetts passed their laws through the legislative process. Aloha State Gov. David Ige said it best: “Sure, we could have had a ballot initiative, but we’re trying to save paper.” In 2018, Oregon became the first state to repeal legal cannabis, overturning the measure it passed in 2014. (Make up your mind, Dank Ducks.)
And who would have thought that Las Vegas would become the World’s Cannabis Capital over Denver, Seattle, or Berkeley? With dozens of 420-friendly resorts, StarBud cafes on every corner, and Amsterdam-themed casinos, Vegas, thankfully, is for adults again. What happens in Vegas stays in Vegas . . . because no one can remember what the hell happened in Vegas.
ECONOMY
Marijuana is now a $26-billion-a-year industry, successfully eclipsing organic food, cosmetics, and the NFL in sales. It has also garnered more than $9 billion a year in tax revenue, funding roads, infrastructure, drug education, and the nationwide Green Electric Train system. New Jersey has shown the most dramatic turnaround, from bankruptcy in 2017 to a huge surplus after turning its Jersey Shore boardwalk back into a smoky, lowbrow bacchanal. An often-overlooked benefit of the new economy is jobs, more than 250,000 of which have been created, including web developers, specialized security, “manicurists,” and cannabis chefs.GANJAPRENEURS
The Green Rush has led to products and services no one could have imagined back in 2012, including the word’s first digital vape phone (iStoned), Tesla’s HempRoadster, CannaAspirin (a Privateer Holdings and Bayer joint venture), and Virgin’s Flying HotBox Airline. WeedTourism is also booming with Bud ’n’ Breakfasts, guided Ganja Artwalks, and Stoned Symphony Nights. Mergers and acquisitions have been fast and furious in Internet marijuana businesses (which, unlike the plant, can cross state lines): Leafly was purchased by Yelp, WeedHire by Monster, Weedmaps by Groupon, and Higher Ground by Time/Warner. Surprisingly, the top celebrity-endorsed weed strain was not Willie Nelson’s Reserve, Snoop Chronic, or (Bob) Marley’s Natural, but Kardashian Kush, which—according to all reviews—consistently knocks you on your gigantic ass.Edibles currently make up 55 percent of the market, CBD oils and concentrates another 15 percent, and elixirs 23 percent, leaving flower (buds) to make up only 7 percent of marijuana sales.
MEDICAL
In 1995 not a single state had passed a medical-marijuana law, and only 25 percent of those polled believed in legalizing the drug. By 2015, 23 states had legalized medical cannabis. As of today (4/20/20), 42 states have now passed medical-marijuana laws, leaving only eight without any form of medicinal-cannabis law on the books. (We love you, Oklahoma, but rally yer wagons: Even gay marriage is fully legal in your state now.)Today over two and a half million Americans receive some sort of support from cannabis-related products. Shockingly, five states have even allowed health-care providers to cover and reimburse medical-marijuana patients under their policies, including the newly formed Green Group Health Cross.
SCHEDULE 2
Perhaps Obama’s defining moment was not his (overturned, then re-implemented) Affordable Care Act, but his last-minute 2016 Executive Order that took marijuana off the Schedule 1 list of the Controlled Substances Act and downgraded it to Schedule 2. Although Schedule 2 drugs are still deemed to have high potential for abuse, cannabis is now clearly recognized for its medical benefits, and available for prescriptions.This controversial move by a “What the Hell Have I Got to Lose” president has allowed clinical research roadblocks to be removed, delivering conclusive proof that cannabinoids are effective on chronic seizures, shrinking brain tumors, slowing Crohn’s disease, Parkinson’s, Alzheimer’s, and even helping with erectile dysfunction (who knew?). This last finding moved the last bastion of elderly white Congressmen holding up medical-marijuana legislation to act in several Southern states.
HEMP
After being cultivated for more than 12,000 years, hemp was finally fully legalized in 2018 with the Industrial Hemp Farming Act. Bred for its strong fiber, the sober sister to sativa has now replaced timber and concrete as the main building material in new home construction. With only trace amounts of THC, hemp is being used for clothing and rope, and hempseed oil now makes up over half the nation’s fuel supply. Hemp toilet paper, however, was a colossal flop, and we’ll leave it at that.THE WAR ON DRUGS
The U.S. Supreme Court’s landmark ruling, Black Guy vs. DEA, stunned the nation by allowing states that have legalized marijuana to release and expunge records for individuals who had been convicted of nonviolent marijuana-related crimes. This ruling opened the floodgates for hundreds of thousands of (mostly African-American) men who had been incarcerated for crimes which are now minor infractions or fully legal. The case has led to nationwide changes in drug policy, redirecting an estimated $50 billion a year that had been previously spent on the War on Drugs to address more serious crimes (not to mention giving each and every U.S. citizen free cable for life). Writing for the majority, Supreme Court Chief Justice John Roberts commented, “In this particular case, it pains me to be consistent with my own values of states rights, individual liberties, unobtrusive government, and the pursuit of happiness.”IT’S NOT ALL GOOD
As with any major public-policy change, there have been missteps in the movement. After plowing his golf cart into a set of extras on SuperBad 4, actor Seth Rogen became the first celebrity convicted of Driving Under the Influence of Marijuana. Blowing into a drugalyzer, Rogen registered a record THC level of 50 nanograms per milliliter. (Anything over five nanograms is the legal limit in Colorado.) America’s “If some is good, more is better” philosophy is kicking many smokers in the head, with THC levels skyrocketing to record heights. And while cannabis has still not been responsible for a single death the world over, the trend of “dabbing” (combusting highly concentrated cannabis with blowtorches and dab-rigs) is not only making pot smokers look like crack addicts, but energizing the “This is Your Brain on Dabs” antidrug crowd.An active opposition still funds anti-marijuana campaigns (including Recall Cannabis efforts in legal states), primarily funded by the Koch Brothers (RIP), who left behind a massive Memorial Justice (MJ) endowment.
Sadly, many of our war veterans still do not have access to medical marijuana, which even back in 2015 had been proven to treat PTSD, anxiety, depression, and insomnia. Since marijuana is still illegal at the federal level, veterans fear being drug-tested, losing their jobs, or having their children and pensions taken away in the event that a less-favorable administration increases enforcement.
ACTIVIST NETWORKS AND THE MOVEMENT
Like MLK, Rosa Parks, Gandhi, and Harvey Milk before them, new activists are launching a marijuana movement involving personal rights, legal justice, and public involvement. These “Green Raiders” include Sen. Alison Holcomb (a key player with the ACLU and Initiative 502); now-Senator Barbara Lee (D-CA); New York Stock Exchange President Troy Dayton (previously of the ArcView Group); “Fuckit I Quit” Governor Charlo Greene (AK); U.S. Cannabis Ambassador Rick Steves; and newly appointed Hemp Czar Vivian McPeak (previously of Seattle Hempfest). This green group of pot evangelists is leading the way on organic standards for the industry, living wages ($25 an hour), thriving community unions, carbon-neutral chronic, and, most important, citizen empowerment on a host of vital issues.Overall, legalization in 2020—as a (still) relatively new public experiment—is going swimmingly. With 20/20 vision, it’s clear the end of prohibition is in sight.
This article first appeared in the Seattle Weekly -
Come Over to the Green Side
The most recent Pew Research Center poll shows that a majority of Americans nationwide, 53 percent, now support the legalization of cannabis. I’m actually surprised it’s that low, but then again, I’m a marijuana columnist.
But here is the most interesting stat from that poll: Of those surveyed who now support legalization but changed their minds on the issue (40 percent of the 53 percent), the main reason for the shift was self-interest. “The more that people learn about marijuana and look at the benefits of legalization,” noted Tom Angell, Chairman of the Marijuana Majority, “the more likely they are to support reform.”
Given this new info—and a desire to bring the 47 percent who remain prohibitionists out of the Dark Ages—I’d like to lay out some new bennies about cannabis.
Less drinking! Fewer hangovers! Weed’s been proven to help people cut back on their drinking. A study in Harm Reduction Journal showed that more and more drinkers are replacing booze, prescription drugs, and other harmful and illegal drugs with pot. Not only is marijuana safer than alcohol, it’s less likely to cause withdrawal problems, not to mention liver failure.
Game of Thrones. Imagine watching it while stoned to the BeJesus!
A catalyst for creativity. Ask Jon Stewart, Maya Angelou, Natalie Portman, Carl Sagan, Dr. Gupta, Rihanna, Bob Marley, Sergey Brin, or President Obama. Ganja has been shown to have positive creative effects—including better test results when individuals are asked to come up with new ideas. On the flip side, short-term memories tend to function worse when high.
Endocannabinoids fight brain aging. You can do the New York Times crossword, sudoku, or smoke a fatty. It’s a no-brainer.
One word: Nugtella. It’s a delicious hazelnut cannabis-infused Nutella treat!
Verbal fluency. Cannabis can create a cacophony of creative chasms for cogent cognitive communication (man).
Epileptic seizures are a downer. Almost 90 percent of Americans polled now believe that folks should have access to medical marijuana if a doc says it can help.
Vinyl. The chances of someone dusting off their record player and spinning some of the amazing vinyl records stored away in a crate somewhere increases 947 percent if the individual smokes herb.
We need the “War on Drugs” money. Fill in the blank: I’d rather spend the $41.3 billion per year on _____.
Cannabis is eco-friendly. Not only does the plant grow like a weed, but it’s able to suck up underground toxins (a process called phytoremediation), which makes for healthier and better farmland.
Legalization is a conservative cause. Smaller, unobtrusive government, states’ rights, individual liberties, etc.
Paying for prisoners is annoying. Half of the 1.6 million people currently in prison are serving time for drug offenses, at a cost of $25,000 a year apiece. Do the math. (It’s $40 billion.)
More time in sweatpants!
Sick of sucking up to the Saudis? Cannabis is an alternative fuel source. Both cannabis and the hemp plant crank out what is known as biomass. Biomass can be turned into all kinds of fuel, including biodiesel and ethanol. Not quite a solar Tesla, but close.
Add it to your smoothie. The cannabis plant is chock-full of disease-fighting, anti-inflammatory antioxidants. So even if you don’t want to get stoned, raw cannabis is a great additive to go with your wheatgrass and Super Blue Green Algae. The cannabis seed is rich in protein, fatty acids, and omega-3. And fiber! Don’t forget about fiber!
Cannabis causes job growth. Who doesn’t want more jobs (and tax revenue)? The marijuana market is filled with them: budtenders, trimmers, new cannabis-app designers, security guards, developers of seed-to-sale tracking software and weed websites, and of course cannabis columnists (thank you!).
Less familial strife. In a study of 635 couples over nine years (culminating in 2014), the journal Psychology of Addictive Behaviors found that couples who smoke weed together have lower rates of domestic violence.
Tax revenue. If we taxed marijuana at the same rate as alcohol and tobacco, it would bring in more than $8.7 billion a year nationwide. Pot can fix the potholes!
Weed makes ya skinny. Researchers from the Harvard School of Public Health studied 4,600 adults and found that “current marijuana users had significantly smaller waist circumference than participants who had never used marijuana, even after adjusting for factors like age, sex, tobacco and alcohol use, and physical activity levels. They also had higher levels of HDL [i.e., good cholesterol].” A study from the American Journal of Epidemiology also found that peeps who smoke pot are less prone to obesity—even though they did indeed chow more calories from the munchies.
People are getting baked . . . whether it’s legal or not. Finally, for those who haven’t been stoned since college, weed is fun. Maybe you forgot. Maybe it made you paranoid, or you were concerned the DEA might break down your dorm room door. Forget all that—it’s time to party like it’s 2099! Come on over . . . to the green side!
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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.
