Reform in 08

While they differ in details, the Initiative, S. 1011, and S. 1121 all move regulation of small amounts of marijuana (less than an ounce) from the criminal to the civil courts. This means that while possession of such amounts would still be illegal, the only penalty faced by those found guilty would be a fine. People would be free of the threat of criminal sanctions, which are very arbitrarily if not whimsically applied. They could not be handcuffed and/or held for bail, and their names would not be entered into the State's Criminal Offender database.

H. 2247 establishes a medical defense against the charge of possession for patients with a written recommendation from their doctor and the approval of their caregivers and the Department of Public Health. It is modeled after the Rhode Island bill enacted in late 2005.

At the moment the Legislature is ground zero for both efforts. S. 1121 has been reported FAVORABLY by the Joint Committee on Mental Health and Substance Abuse to the Senate Committee on Ways and Means.   H. 2247 is being considered by the Joint Committee on Public Health.   S. 1022 and The Initiative, which for this purpose is known as H. 4468, have been referred to the Joint Committee on the Judiciary. (Judiciary is involved because the Legislature is given a chance to vote on Initiatives before they go on the ballot. If they vote positively and the Governor signs the bill, the text becomes law without being put to a popular vote.)

This is accordingly the best of all times to lobby your legislators, particularly if you have one on one of the above committees. Check the State's Election Information page, make note of your legislators, both House and Senate, and then check them against members of the committees mentioned. If you find a match, drop him or her a note and then follow up with a phone call. (If you run into a staffer or legislator that seems especially sympathetic, please let us know.)

Email can be sent directly from the NORML website. Customize your message as time allows. Some legislators probably place more weight on paper mail, but it is hard to know for sure. Use the specific bill numbers where appropriate.

Full text of the Initiative (Now. H. 4668.)

CSMP's explanation of the Initiative.

Full text of S. 1011

Full text of S. 1121.

Our testimony supporting S. 1121.

Testimony submitted on the budgetary implications of decrim, here and here.

Full text of H. 2247.

Testimony supporting H. 2247.

Treasurer Epstein makes the case for reform in 08.



Talking Points

1) Whatever evils marijuana might cause, they could never come close to the damage that the war on marijuana has inflicted on society.

2) The war on drugs is immensely arbitrary. Perhaps one person in a hundred who breaks the laws against possession, etc., actually gets arrested and charged.   It is toxic to the rule of law to have enforcement depend on the whims of circumstance instead of the language of the statutes.

3) The war on marijuana costs the state a lot of money. Foregoing the opportunity to tax the substance costs a lot more. Is this really the best use of taxpayer dollars?

4) The war against marijuana is so meritless and foolish that it undermines public confidence in any attempt to regulate more serious drugs, like crystal meth.

5) When marijuana was not prohibited, almost no one smoked it, and those few that did were adults who used it for medicinal purposes or to help them endure hard physical labor (such as field laborers or dock or construction workers). Today millions of Americans smoke the herb and many of those are minors. Why this change? What else has happened than that prohibition has made marijuana into a forbidden fruit?

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