Author archive

NORML filed an “amicus curiae” brief with the state supreme appellate court on Friday, November 22, urging the court to enforce the limits on police searches set by 2008′s voter-initiative state decriminalization law, which eliminating police searches and arrests for possession of small amounts of marijuana. Attorneys Michael Cutler of Northampton and Steven Epstein of Georgetown authored the brief.

In this case a Boston judge initially ruled a 2011 police search — based entirely on the smell of unburnt marijuana — violated the “decriminalization” law which made possession of an ounce or less of marijuana a civil infraction subject only to a fine, thereby ending police authority to search or arrest the possessor. The state appealed.

Earlier in 2011 the state supreme court ruled, in a case in which NORML also filed an amicus brief, that police searches based only on the odor of burnt marijuana were now illegal. The court reasoned that smell alone did not establish probable cause to believe a criminal amount (more than an ounce) was present, so police had no power to search or arrest.

NORML asks the court to reject the Boston prosecutor’s claim that federal prohibition — which allows arrest and imprisonment for any amount of cannabis under federal law — trumps the state decriminalization law and allows police to ignore state law and use evidence from smell-based searches in state courts.

NORML argues that state prosecutors and police must obey state law and state appellate court rulings under the state constitution’s separation of powers doctrine, requiring the executive branch to obey the legislative branch’s laws and the judicial branch’s limits on police conduct under state law and the state’s constitution.

Finally, NORML argues that the state prosecutor’s position violates fundamental principles of Federalism, which limit federal “preemption” of state law only where state law “positively conflicts” with federal law. Since the August 2013 federal Justice Department Guidance memo to  federal prosecutors nationwide, recommending no interference with state laws legalizing marijuana in a responsible manner, no such conflict exists between federal and state authority.

Oral argument in the case of Commonwealth v. Craan is scheduled for early February, with a decision possible by June 2014.

One’s eyes rarely lie or distort reality. So when walking by my favorite newspaper stand in downtown Washington, D.C. last night another clear political tea leaf revealed itself about the increasing acceptance in America for ending cannabis prohibition when I spied the competing covers for the most recent editions of The Nation and Reason Magazine.

Both magazines are populated with interesting and though-provoking pieces about ending cannabis prohibition, the coming commerce in cannabis post-prohibition and ‘liberal guilt’ for supporting the war on some drugs.

Three countries, one week and three different public policy views about cannabis laws:

Switzerland — After years of debate, and with a number of cantons having already done so, the entire nation of Switzerland began a cannabis possession decriminalization policy for adults. This is not unlike similar penalties in fifteen states in America and likely a prelude to eventual legalization in the infamously ‘neutral’ country (certainly more than most countries as the Swiss have been largely neutral in the war on some drugs).

Romania — Romania became the tenth European country to allow citizens to access medical cannabis for serious medical conditions.

North Korea — A social conscience travel blogger writes about and photographs what it is like in North Korea and that there are no laws against cannabis. This may explain Dennis Rodman’s new fascination with visiting the country.

Dear NORML members and supporters,

Over the last month $26,650 has been raised by NORML members and supporters in a $100,000 donor match put forward by new NORML board members Rick Steves and Justin Hartfield.

Thank you to the hundreds of donors who’ve contributed thus far—and employing football season jargon, I’m employing a national director ‘audible‘ to extend the match grant two additional days until midnight October 2^nd.

Why?

Because October 2^nd marks the day on the nation’s calendar seventy-six years ago when the federal marijuana prohibition law took full legal effect…and quickly claimed one of it’s first victims: Samuel Caldwell.

If you’ve not taken this opportunity to get your donation to NORML matched by these new and enthusiastic board members, please do so by Wednesday night if only as a personal statement –

-Against marijuana prohibition dragging on any further;

-For the nearly forty-three years of NORML’s hard and dedicated public advocacy work in favor of cannabis law reforms and helping the victims of prohibition laws

NORML—consisting of it’s network of over 140 local chapters and 600 plus lawyers—stands ready to continue to lobby and litigate in favor of these long overdue legal reforms as more and more states seek to join Colorado and Washington in the short coming years in legalizing the possession and sale of marijuana for adults.

With national and state polling continuing to affirm a sea change in Americans now embracing marijuana legalization and the Obama Administration recently announcing it is letting these states move forward as potential models for other states, the end of marijuana prohibition is indeed within reformers’ sight.

Please take advantage of this match grant in these remaining few hours to not only double your giving power at NORML, but to also register your clear disgust with the current national marijuana prohibition laws on their ignoble birthday.

Thanks for caring and sharing!

Cannabem liberemus,

Allen St. Pierre
Executive Director
NORML
Washington, D.C.

Thanks to NORML members and supporters who pushed NORML’s proposed Super Bowl ad in an ongoing Intuit ad contest to the number one position. This morning, Intuit informed us that we have advanced to Round 2 of the contest. Entries who are deemed finalists from this round will be informed on October 29th.

We can put marijuana legalization before the masses at this year’s Super Bowl, but we still need your help. You can click here to vote for NORML’s entry (Note: You can vote once a day).

Click here to vote for NORML’s Super Bowl Ad!

“NORML would like to thank everyone who voted for our entry in Intuit’s contest. Millions of Americans now believe that it is time to legalize and regulate marijuana, winning this contest will help put that message in front of millions more,” stated NORML Communications Director Erik Altieri, “As a non-profit with a small staff and limited budget, we would greatly benefit from this contest just the same as any of the other small business entries. One would argue that NORML would benefit even more so than many, as our brand is looking to broadcast a truly national message and bring to light an issue that directly and adversely impacts countless thousands in our country every year. We hope Intuit will give NORML the same fair chance as any other entrant. Our victory would be a win for all parties involved: Intuit gets lots of media coverage and good will for themselves and their contest, FOX would bring in hundreds of thousands of new viewers who would otherwise not watch the Super Bowl, and NORML gets to take our message about the tragic failings of marijuana prohibition to the masses. Keep voting and we can make marijuana law reform the topic of discussion at watch parties across the nation during the big game.”

Our entry has caught the attention of mainstream media around the country. NORML staff have conducted dozens of media interviews in the last week about Intuit’s Super Bowl Small Business Ad Contest, to wit:

USA Today 

Time

BusinessWeek 

Advertising Age

San Francisco Chronicle

Seattle Pi

Including this humorous (and spot on) news video that is being shown nationwide on selective TV stations:

“One of the organizations competing in the online vote, NORML, a national lobbying organization working towards the legalization of pot. Yep, we can see the first commercial for the legalization of marijuana during the Super Bowl.

How dare they right? The Super Bowl is an American institution, a family friendly event, brought to you the makers of beer and junk food and male enhancement pills. How could they let such an atrocity happen? Well, it’s quite simple hypocrites…alcohol induced deaths in 2010? More than 25,000 people, heart disease? Over 780,000. Erections lasting over 4 hours…the jury is still out. But pot? Zero, nada, zilch, zip. Ever.

It is time we stop wasting an estimated 10 billion dollars per year on the enforcement of marijuana laws. It’s time we stop putting people away for the recreational use of a natural product that has legitimate health benefits.”