Archives For marijuana

On Jan. 1 Colorado became the first U.S. state to legalize the open sale of recreational marijuana and the first state to regulate the plant from seed to sale. In November 2012 residents voted to legalize cannabis and the state’s legislature added Amendment 64 to its constitution. Over a year later, the stage was set for 36 retail outlets to open for business with 160 more waiting in the wings.

Photo courtesy of Flickr's Coleen Danger

Photo courtesy of Flickr’s Coleen Danger

Today we take a look at Colorado’s landmark decision. Did Colorado make the right choice? Have there been any unforeseen consequences? Will other states follow? With differing voices from around the country and from different minority faiths, we’ll consider the standing issues facing Colorado and the nation.

PGPT_TThornCoyle_bio

T. Thorn Coyle

According to a 2011 FBI Report, “The trafficking and abuse of illicit drugs in the United States create an enormous drain on the economic, physical, and social health of American society. In 2007 alone, the estimated cost of illicit drug use to society was $193 billion.” Of all drug-arrests, 50% are for the possession or sale marijuana alone. The media calls the war on drugs “a trillion dollar failure.”

Pagan author and teacher, T. Thorn Coyle, remarked:

I was raised by an alcoholic and saw firsthand the scourge of out of control drug use. Yet prohibition is not the answer. Treatment is the answer. I see my local communities ripped apart by the prison industrial complex and the increased militarization of police. I see more money poured into incarceration than education. This is not the society I wish to uphold…Decriminalizing or legalizing drugs will go a long way toward solving many of our social ills. 

Tata Christopher Bradford

Tata Christopher Bradford

Agreeing, Tata Christopher Bradford said, “For too long these sort of drug laws have been used to press and terrorize minority populations. Any law that takes away one of those tools is fine by me.”

Colorado native, Peter Dybing adds, “In my work at a local Detox unit we no longer accept admissions based on THC intoxication. This policy is a direct reflection of the fact that marijuana use in itself poses no significant safety risks.”

While those arguments alone maybe compelling, the pros of legalization extend well-beyond recreational usage – most notably, its medicinal benefits. Twenty states and the District of Columbia currently allow the use of medicinal marijuana. Denver Asatru resident Kristen Sherman began using medical marijuana after surgery when traditional medications weren’t possible. She says, “The green medicine has helped me a great deal. It’s not perfect, but I do have increased mobility and am able to sleep better at night as I am not in as much pain.”

chas

Chas Clifton

There is also a lesser-known ecological benefit to cannabis legalization. Colorado Native Chas Clifton explains marijuana’s low-THC cousin, Hemp, is “a low-pesticide, lower-water-use crop with many uses.” In March, Colorado will begin registering Hemp producers as part of the new laws. Last October a Colorado farmer became the first to harvest Hemp in the United States in 57 years.

Despite all these positives, implementation has not quite been as simple as waving a magic wand. The reversal of such long-standing legislation, rife with cultural baggage and bias, comes with many hurdles. Chas stated it best when he wrote on his blog, “There is a lot to sort out here.”

The biggest obstacle stems from the fact that marijuana is still illegal at the federal level. The Drug Enforcement Administration recently called Colorado laws “reckless and irresponsible.” Due to this legal discrepancy, many banks refuse to work with the retail shops for fear of federal prosecution. These legally registered Colorado retail stores are currently forced to operate as cash-only businesses with all the associated stigmas and dangers. To assist, the state allows store and dispensary owners to store firearms in their facilities.

Kristen Sherman, owner of Denver's Belle Memorie

Kristen Sherman

Another major concern is the underground market which is not projected to go away anytime soon. A dealer told the Pueblo Chieftan, “When the novelty wears off, people will be tired of having to go to the stores and paying much higher prices for the same weed. Street dealers will charge less, and we deliver, just like (pizza joints).”

Another byproduct of Colorado’s changing legislation has been the discovery of large-scale illegal marijuana cultivation operations in its national forests. The Forestry Service has been fighting this particular battle since 2009. Chas Clifton explains, “Illegal growers on public lands…pollute streams with fertilizer and pesticide, leave a mess, and threaten other users of that land with physical violence, sometimes resulting in death.” The illegally grown product is reportedly being shipped east and sold in states where use is still criminalized.

Finally Wild Hunt Columnist Crystal Blanton, who is professional social worker and registered addiction specialist in California, remarks, “Professionals in the field are very concerned about the impact of legalization on addiction. There are a lot of new studies addressing the [effects] of marijuana on the body and correlations with addictive patterns.”  She points out that all cannabis cannot be treated equally.  There are differences.

These are only a few of the obstacles that need addressing. Is all of this worth it? Kristen Sherman believes it is. She said, “[Legalization] has a bit of a struggle from the anti-drug lobby, and has quite a way to go before acceptance is the norm… Those who use marijuana are often vilified or portrayed as lazy stoners who sit on their couches all day munching on Doritos… We have over 60 years of prohibition and misinformation to chip away at.”

Peter Dybing

Peter Dybing

Tata Christopher Bradford agrees saying, “The potential marijuana has as a medicine makes it very important that we legalize it throughout the country. Let’s hope this move is just the beginning.”

After recently moving back to his home state, Peter Dybing was “surprised to see open cultivation and usage among friends.” He adds, “These new laws reflect what professionals in the field have been saying for years. The former THC laws waist money, time, legal and mental health resources and represent a poor prioritization of community efforts.

T. Thorn Coyle adds, “Prohibitionists cling to Calvinist morality, which leads us to a deeper question: why is our pluralist society being run by Puritan morals? I ask that as a person who sees direct evidence of the harm the War on Drugs has done. I ask that as a Pagan.” She adds, “I am very heartened by the ruling in Colorado. I hope it spreads.”

Link

Link

Link, a Witch living in Miami Beach, Florida, said:

We tend to look at changes in laws … as isolated events. But those [events] work together to become … parts of a larger story.This story tells of a society waking up and sorting through all the outdated laws it has inherited from past generations, some dating back to biblical times. Civil rights, women’s rights, legal divorce, immigration reform, legal abortion, birth control, religious freedoms, reformed marriage laws and – most recently – the legalization of marijuana all recognize that personal freedoms outweighs the archaic repression of the past.  Hopefully this trend will continue, and we will examine what other laws criminalize very normal parts of life.

Suretha Thacker

Suretha Thacker

Suretha Thacker, solitary Wiccan from Georgia, believes the growing interest in full legalization will continue. She says, “I do feel that other states will adapt similar laws after seeing how Colorado and Washington handle any issues that arise. Especially if the high taxes raised from the purchase of marijuana products contribute equitably to the state.”

Where does your state stand?  Here are just a few state policy changes being made or considered since Jan. 1 2014.

  • For more information on Colorado’s new laws, see NORML’s list of Doobie-Dos.
  • In Washington, recreational pot is legal and retail stores are set to open later this year.
  • Alaska residents submitted a petition to put “recreational marijuana” on this year’s ballot.
  • Michigan is moving slowly toward legalization and protecting the hemp industry.
  • In Florida, signatures are being gathered to put a “medicinal marijuana” referendum on the ballot this year. The legislature may introduce a bill sooner.
  • The District of Columbia will be considering a measure to decriminalize recreational marijuana.
  • Pennsylvania Senate introduced a medicinal marijuana bill last week.
  • New Hampshire’s House “passes recreational marijuana” legislation.
  • Missouri’s governor approved the “legalization initiatives for signature-gathering.”
  • Maryland legislators will simultaneously face a bill to legalize marijuana and a bill to decriminalize it.
  • West Virginia and Georgia law makers have reportedly begun investigating the possibility of introducing medicinal marijuana.
  • New York Governor Cuomo has allowed limited medical marijuana in designated hospitals.

Just a few quick news notes for you on this Tuesday.

Margot Alder on Witchcraft, Cults, and Space Travel: Margot Adler, NPR correspondent and author of the seminal 1979 book “Drawing Down the Moon: Witches, Druids, Goddess-Worshippers, and Other Pagans in America”, talks to the Daily Camera in Boulder, Colorado about her life and work in advance of her presentations at the 64th Annual Conference on World Affairs. Of special interest to my Pagan readers will be the story of how she landed the book deal that eventually lead to “Drawing Down the Moon.”

Margot Adler

Margot Adler

“That happened by a complete fluke, way back in 1974. I had sort of a loser boyfriend. He took me to meet his literary agent in a pub. The woman asked me, ‘What do you do?’ I’ve probably had less than a dozen psychic experiences, but I heard a voice in my head say, ‘You are standing on a nexus point in the universe. What you do now will change your life forever.’ Because of that voice, I said, ‘I’m involved in witchcraft.’ Her eyes got really big. She said, ‘Call me in two weeks.’ She had just left an agency and was looking for clients. She showed me how to write a book proposal. I’d never thought of writing a book. The written word scared me because it’s so eternal.”

She also talks about where she agrees with Newt Gingrich (space travel), the most interesting stories she’s been covering for NPR lately, and “looking at religion from completely outside ourselves.” The Conference on World Affairs is currently underway, and continues through Friday. Her two presentations are “What is a Cult,” and “The Lure of Interstellar Travel,” both being given today.

A Step Forward for Marijuana as a Sacrament: In what could a groundbreaking ruling, the Ninth Circuit Court of Appeals has overturned a lower court ruling against the Oklevueha Native American Church of Hawaii, allowing an action to prevent enforcement of the Controlled Substances Act against them to go forward.

Michael Rex "Raging Bear" Mooney, right, with members of the Oklevueha Native American Church.

Michael Rex "Raging Bear" Mooney, right, with members of the Oklevueha Native American Church.

“Plaintiffs need not allege a threat of future prosecution because the statute has already been enforced against them. When the Government seized Plaintiffs’ marijuana pursuant to the CSA, a definite and concrete dispute regarding the lawfulness of that seizure came into existence.”

The court also ruled that the church does not need to apply to the DEA first for an exemption, though it did rule in the government’s favor by saying the seized marijuana doesn’t have to be returned or compensated for. You can read more about this case, here, and here. So far, there have been only two instances where entheogens used in a religious context have been able to win legal protection (peyote for Native American ceremonial purposes, and  ayahuasca by the União do Vegetal). If the Oklevueha Native American Church (ONAC) is able to take this to the Supreme Court and win a religious exemption, and injunction against future prosecution, it could throw open the door to religious groups using marijuana as a sacrament. The Rastafari are an obvious example, but any group that is able to show a sincere use may also be able win exemptions. In my mind, legal entheogens are an inevitable eventuality of these cases, the question is not “if” but “when.”

How Far Does Free Speech and Religious Freedom Stretch in Cases of Alleged Fraud? Speaking of possibly momentous instances of litigation, last year several members of the Roma Gypsy Marks family were charged by the federal government with operating an “advance fee scheme,” allegedly bilking more than a dozen victims out of over 40 million dollars. One of the clients/victims was famous romance author Jude Deveraux, who paid the family $20 million over 17 years, saying she was threatened by the family, and was near suicide before law enforcement stepped in. Now, the Marks’ defense team is saying their actions were/are protected religious practices, and that fortune-telling is protected speech.

The federal investigation was code-named "Crystal Ball."

The federal investigation was code-named "Crystal Ball."

“Lawyers have argued in court papers that the family members had a constitutionally protected right to practice fortunetelling and spiritual healing because it is a part of their religious belief system and fortunetelling is legally considered to be free speech. [...] Attorney Michael Gottlieb, who wrote the 24-page legal document about religious rights, argued that his client, Nancy Marks, 42, of Fort Lauderdale and New York City, did nothing but try to help people, in line with her personal spiritual beliefs. [...] ”Nancy Marks’ conduct is rooted in her religion and spirituality,” Gottlieb wrote. “Based upon this prosecution, the defendant has lost her livelihood and has been unable to make a living using her historical religious and spiritual gifts.” [...] The legal argument spells out some widely-held Romani beliefs but also draws comparisons with legal rulings about the rights of people who are Amish, Wiccans, Krishnas, Mormons, Catholics and Jews.”

Leaving aside the issue of the Marks’ guilt or innocence, the ultimate verdict in this case could have far-sweeping ramifications, especially if judges consider the religion question. Whether or not fortune telling can be a protected religious practice is still very much up in air, judicially speaking. In 2010 the Maryland Court of Appeals ruled that fortune telling and related services are protected speech, and in 2008 a federal judge tossed out a fortune telling ban in Livingston Parish, Louisiana. However, in a 2011 case, a Virginia judge ruled that divination wasn’t the same thing as religious counselling. The case here, involving the federal government, could set nationwide precedent for where the line gets drawn between exploitation and religious freedom. So this is one to keep your eyes on. For more on the extended Marks clan, check out the documentary “American Gypsy.”

That’s all I have for now, have a great day!