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New Jersey Patients Wait Months For Permission To Use Cannabis

in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

New Jersey Patients Wait Months For Permission To Use Cannabis

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

If all you have is a hammer, everything looks like a nail. At least that’s what they say.

When it comes to bureaucrats, all they know is to further complicate matters, turning simple tasks that could be easily accomplished in a short period into huge, complex processes filled with hurdles. So when we allow governments to run our lives, we are giving bureaucrats the power to complicate it.

marijuana

When the policy in question involves drugs that could save our lives, complicating the process in which we must take part to obtain said drugs could mean pain, suffering, and health complications.

In New Jersey, where a 9-year-old medical marijuana law has yet to be updated, patients hoping to have access to cannabis for treatment have been patiently waiting for regulators to follow the recommendations a state health panel made 5 months ago.

At the time, the panel urged regulators to expand the list of conditions that may be treated with cannabis, adding autism, Alzheimer’s, anxiety, chronic pain, migraines, and others.

But long before the health panel got together to make this recommendation, dozens of patients submitted petitions. Then, the panel met to review the case during three different hearings. During these hearings, the same patients who filed the petitions pleaded with officials for the freedom to choose what they will put in their own bodies in order to treat or soothe their ailments.

But even after all of this hard work and long months of wait, the New Jersey Department of Health does not seem to ready to embrace the changes.

Instead, officials are now saying that yet another must be held. After that and if the panel agrees that the changes must be adopted, the health commissioner will be able to sit on his hands for another six months if he so wishes before he decides whether he should adopt the panel’s recommendation.

Imagine that, waiting over a whole year just for the state’s permission so you may treat your illness the best way you see fit.

Being willing to try different treatments and drugs to help you manage or heal a certain health condition should be the patient’s decision alone. Precisely because government officials can’t possibly know what’s best for you or for me, giving him the power to tell us what we can and cannot put in our own bodies is ineffective — to say the least.

So while New Jersey patients suffer and wait for the state to listen to their plea, we hope that more states join the nullification revolution, going the opposite way of New Jersey by simply decriminalizing the use substances like cannabis so neither the federal nor the state governments are able to dictate who gets to use the substance for their health benefits and who doesn’t.

 

Credit Union Wins Small Victory In Fight Against Federal Marijuana Prohibition

in Drugs, Economic Liberty, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

Credit Union Wins Small Victory In Fight Against Federal Marijuana Prohibition

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Marijuana was legalized in the state of Colorado, nullifying the federal prohibitive rules regarding the substance, in 2012. But as the pot industry grew tremendously over a short period of time in the state, the feds found yet another way to restrict marijuana entrepreneurs.

marijuana

Since marijuana is still an illicit drug according to federal law, the banking industry found itself unable to provide services to marijuana businessmen and women. As a result, many entrepreneurs found it hard to have access to loans or even bank accounts to better manage their business.

Recently, a marijuana credit union was able to win a small but significant victory in the fight against the federal government’s control over drug policy.

Fourth Corner Credit Union had been barred from having access to certain services due to its willingness to do business with marijuana-related businesses. As a result, the institution was not allowed to open a Federal Reserve master account so it could provide banking services to customers. Now, the 10th U.S. Circuit Court of Appeals has annulled this decision.

Thanks to this move, the institution is now free to re-apply for the account. And, if denied once again, Fourth Corner may take the case to court once more.

While this isn’t necessarily a victory in the sense that it allows banking institutions to provide services to whomever they wish, it’s the first step in a long process to ensure that Colorado’s marijuana laws aren’t undermined by the federal government’s insistence in upholding laws that effectively impact Americans’ right to self-ownership.

As it stands, Colorado’s pot industry has functioned mostly on cash transactions. This causes problems for both consumers and entrepreneurs as many of these companies may feel that saving and managing their money is more difficult without having access to a banking account.

But Colorado isn’t the only state running into major banking problems thanks to the federal government. Business in Washington and Oregon are also facing problems as feds are the ones that regulate the banking industry.

Perhaps, if freedom and true liberty advocates are willing to take up the fight, the next step anti-drug war advocates should take is to embark on a new nullification effort that might help to decentralize banking in the United States. By default, if this effort is eventually successful, states could continue passing their own drug-related pieces of legislation, allowing entrepreneurs to have access to a world of banking options not available to them until then. Of course, any such fight wouldn’t be easy. But decentralization is key in promoting liberty.

As more states become freer than others on diverse fronts, Americans see incentives in moving. This is how “voting with our feet” happens.

 

Residents Leave Kansas In Search For Legal Medical Cannabis

in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

Residents Leave Kansas In Search For Legal Medical Cannabis

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

A new bill under review by the Kansas legislature could help residents suffering from conditions that could benefit from medical marijuana. This piece of news is being met with enthusiasm by locals since many have been moving out of the state in order to obtain the help that they need elsewhere.

KansasAccording to the Kansas City senator who wrote the bill, the benefits of legalizing the plant “outweigh the detriments.” And he’s right. After all, what right does a bureaucrat have to tell a patient what drugs he or she are allowed to take?

According to local news sources, the bill being pushed through the senate could help residents like Tracy Marling, who left the state three years ago. Her move was ignited by her daughter’s rare form of epilepsy. Because the young girl wasn’t responding to traditional medicines, the mother decided to take her child elsewhere. Now that she can use cannabis, the child has been responding better, and the mom is now telling reporters how the lack of legal access to the plant forced her to leave the state.

In an interview, Marling told reporters that if there’s “something that helps somebody this much, there is no reason why they shouldn’t have access to it.”

In other 28 states, medical marijuana is already a possibility. And if Marling’s story is an indicator, many other families may be moving to one of these states in order to escape prohibitionist policies in their own homes.

Locals who believe that the choice should be up to the individual and not to a bureaucrat are being urged by former Kansas residents like Marling to contact their representative. Hopefully, lawmakers will finally understand the importance of giving the individual back the power to choose, giving locals more control over their own lives.

To marijuana and anti-drug war advocates, the decentralization of policy making has been the best of gifts. As more states join the likes of California, Colorado, and Washington in nullifying the federal prohibition of marijuana, more families will have access to the plant, allowing patients who are suffering from maladies that could be treated with the help of the plant feel more comfortable with trying the treatment without fearing to be the target of law enforcement.

This move toward more freedom will also help medical research in the future, giving researchers the opportunity of exploring cannabis’ full potential. After all, when substances are illegal, even medical researchers have a hard time having access to the material.

In other words, when government prohibition is en vogue, medical innovation also pays a price. But who ultimately pays the cost is always the consumer.

Maryland Lawmakers Closer to Legalizing Recreational Weed

in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

Maryland Lawmakers Closer to Legalizing Recreational Weed

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Maryland could soon join the group of states putting an end to the federal ban on marijuana by passing a piece of legislation that would legalize the substance for recreational use. The bill would allow the state to regulate the sales and add a tax to recreational marijuana-related transactions.

RecreationalAccording to legislators behind the effort, adults ages 21 and older would be allowed to possess and even grow limited amounts of the plant if two pieces of legislation under consideration by the state legislature pass.

The goal, one of the legislators behind the effort told the press, is to end the failed policy of cannabis prohibition across the state, establishing what they call a sensible system. The pieces of legislation are based on the “lessons learned from other states,” which goes to show how important the nullification movement has been to the anti-drug war movement.

If the bills are approved by both chambers, marijuana retail stores would be regulated, requiring entrepreneurs to have a license to open a business. Local manufacturers, as well as testing and cultivating facilities, would also be subject to regulation. The state would also establish a 9 percent sales tax on retail marijuana while cultivators would have to pay an excise tax of $30 per ounce. Revenue created by the taxation of the industry locally would be used to back community school and workforce development programs, public education, and substance-abuse treatment and prevention.

If the One Line State chooses to pass these bills, the system that will be put in place will be similar to what is currently in use in Colorado. Maryland would then be joining others such as the states where voters have approved liberating marijuana for recreational use. They include California, Alaska, Oregon, Maine, Washington, Massachusetts, and Nevada.

Unlike other states, Maryland could be the first to approve the legalization of recreational weed on their own, without having to rely on the public to vote for a measure. But if legislators aren’t successful, a “Plan B” bill is also being considered, which would allow voters to decide whether the state constitution should be amended to legalize the plant for recreational use.

In 2013, Maryland approved marijuana for medical use, decriminalizing the possession of small amounts one year later. Despite the growing support for legalization even then, lawmakers killed a measure in the Maryland legislature in 2014 that would have legalized recreational marijuana.

Only time can tell whether this year’s measure will see the light of day.

 

Pharmaceutical Industry Terrified Weed Legalization Will Put Them Out of Business

in Drugs, Economic Liberty, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

Pharmaceutical Industry Terrified Weed Legalization Will Put Them Out of Business

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

The opioid epidemic is a real issue in America. So much so that the U.S. Attorney General Loretta Lynch started telling young folks that marijuana isn’t really the problem. Instead, Lynch explained, legally prescribed medications are to blame for the increase in opioid abuse.

But while learning that the head of the United States Department of Justice has just argued that weed does not represent a real threat may sound promising, it’s important to remember that marijuana is still a Schedule I drug. Meaning that the federal government still sees marijuana as a substance “with no currently accepted medical use and a high potential for abuse.”

ManufacturingRecently, a group of marijuana legalization activists got an initiative known as Proposition 205 in the ballot in Arizona.

The initiative would allow Arizona residents who are older than 21 to possess up to an ounce of marijuana in public. Prop 205 would also allow consumers to grow up to six plants at home, giving them the option to give other adults up to an ounce at a time of its produce “without remuneration.”

But with the good news came another discovery.

The group that, alone, donated $500,000 to the effort to oppose the Arizona marijuana legalization campaign, is a local pharmaceutical company known as Insys, and it produces oral sprays used in the delivery of an opioid painkiller known as fentanyl.

According to Reason, the same company is planning on marketing yet another device that would deliver dronabinol, a synthetic version of tetrahydrocannabinol, or THC: The main mind-altering ingredient in cannabis.

When donating to kill the initiative, the company contended that its opposition to marijuana legalization is due to Prop 205’s “[failure] to to protect the safety of Arizona’s citizens, and particularly its children.” According to Reason’s Jacob Sullum, what Insys is truly worried about is “the impact that legalization might have on its bottom line, since marijuana could compete with its products.”

And why is Insys so concerned? Perhaps because a recent study published in the American Journal of Public Health contends that, in states where marijuana use is legal to a certain extent, fatally injured drivers are “less likely to test positive for opioids.” Sullum adds that this finding, along with the results of other studies show that “making marijuana legally available to patients saves lives by reducing their consumption of more dangerous medications.”

The data analyzed by researchers comes from the Fatality Analysis Reporting System (FARS). By looking at the data gathered from 18 states where 80 percent of drivers who died in auto crashes were drug-tested, researchers found that, between 1999 and 2013, drivers between the ages of 21 and 40 were half as likely to test positive for opioids where medical marijuana laws had been implemented.

In these same states, researchers found that painkiller prescriptions fell by 3,645 daily doses per physician. Researchers concluded that “the passage of the medical marijuana laws” are directly associated with “the observed shifts in prescribing patterns.”

As the industry begins to fear the consequences of ending the drug war, we begin to understand that their dominance over the market is mainly due to their rent-seeking practices, which keep their leaders close to lawmakers, helping the industry to exert enough influence to sway public policy in a way that benefits them.

Without the presence of a government body giving companies special protections while outlawing particular drug transactions, drug providers are able to compete freely and in the open, giving consumers better and safer options.

It’s time to finally put an end to the drug war and admit that, rent-seeking will never help the nation heal from all of the negative consequences of our country’s ongoing romance with crony capitalism.

NYC Weed Arrests Up Again, Is Full Legalization the Solution?

in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

NYC Weed Arrests Up Again, Is Full Legalization the Solution?

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Someone forgot to tell progressive New York Mayor Bill de Blasio that times, they have already changed.

NYPDDuring the then mayoral candidate’s campaign, de Blasio vowed to ensure the New York Police Department would cease to treat possession of small amounts of marijuana as a crime, but ever since he was elected, the number of marijuana-related arrests went up. This year, Gothamist.com reports, it went up nearly a third.

In 1977, New York decriminalized possession of fewer than 25 grams of weed. Users smoking or holding the bud in public, however, were still subject to police scrutiny. But while commissioner Ray Kelly was in command between 2002 and 2013, arrests for possession of small amounts of marijuana went up considerably. In 2010, low-level pot possession had become the top cause of arrest in the city, mostly due to the fact 50,383 people had been arrested for related offenses throughout that year.

That’s when pressure began to mount.

Faced with countless accusations of racial bias, commissioner Kelly decided to send officers a memo asking them to stop “improper” marijuana arrests, which often involved blacks and Latinos.

Once de Blasio took office, however, marijuana-related arrests dropped, but that didn’t last. In 2014, police had made 26,400 weed-related arrests. Now, recent figures show that the number of people going to prison for related offenses has increased considerably.

During the first half of 2015, NYPD had arrested 7,236 people for marijuana possession, but during the same period this year, the number went up to 9,331: A 30 percent increase.

Despite de Blasio’s campaign promises, things might not get better for pot smokers in the Big Apple unless state laws change.

A bill from 2015 that is still stuck in the state legislature could help give marijuana users more peace of mind. But the bill isn’t perfect.

If S. 1747, or the Marijuana Taxation and Regulation Act, passes, marijuana would be regulated and taxed like tobacco and alcohol. Proponents of similar pieces of legislation often say that while similar measures might have a negative effect on the overall cost of weed, it would keep officers from knocking people’s doors down in the middle of the night. But to many libertarians, only decriminalization of all substances, including marijuana, tobacco, and alcohol, works.

Mises Institute’s David Gordon argues in a piece from 2002 that punishing a person for using drugs is to “impose a severe disability on him; and justice requires that punishment be imposed only on someone who violates rights.” Drug use, therefore, cannot be criminalized simply because it could lead to bad social consequences. After all, Gordon continues, “[t]o punish people simply because their acts encourage others to act in a way deemed undesirable is to use people as means, in a morally unacceptable way.”

Despite the strong support the Marijuana Taxation and Regulation Act has obtained over the past year, many proponents of the bill believe that it could take years for something similar to pass through the state legislature, forcing New Yorkers to think twice before stepping outside with a small amount of weed in their pocket.

Arizona Court Rules that Weed Smell Enough Justification for Search Warrant

in Drugs, Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off

Arizona Court Rules that Weed Smell Enough Justification for Search Warrant

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

In current-day America, the Constitution’s protections against unreasonable searches and seizures by the government is nothing but a suggestion. In Arizona, the careless approach to the law of the land is now even backed by lady Justice.

WeedAccording to an NBC affiliate, a recent ruling supports that officers are allowed to have access to a warrant to search a person’s property over the smell of marijuana. The decision came after the state Supreme Court ruled that the enactment of the medical marijuana law does not eliminate a legal doctrine that supports that the smell of marijuana is sufficient to establish probable cause for a search.

The Arizona Supreme Court ruling added that only with the “person’s presentation of a valid [medical marijuana] registration card” attorneys would be able to challenge the legal foundation for a search based on the smell of marijuana alone.

The case that resulted in this ruling involved an officer who noticed the odor of marijuana while contacting an individual. The encounter led him and other officers to discover a marijuana operation that counted with hundreds of marijuana plants.

To medical marijuana users in the state, this ruling is concerning. Rebecca Calloway, a local dispensary worker and college graduate with a medical marijuana card, says that this ruling makes matters worse since “a lot of pedestrians [already] feel they are being harassed by cops with nothing better to do.”

To privacy advocates, the ruling gives officers a loophole, giving them the freedom to use smell as a reasonable cause for searches in different occasions.

Instead of looking at the Constitution for guidance, the Arizona justices decided to continue giving drug warriors legal justifications to send more non-violent “criminals” to taxpayer-funded prisons, managing to step on the 4th Amendment rights of citizens who do not happen to be marijuana users in the process. But this is not the first time Arizona justices stand with drug warriors.

In May, Arizona Supreme Court ruled that the state’s medical marijuana laws do not give physicians immunity against prosecution in case doctors claim to have reviewed a patient’s medical records from the previous 12 months before issuing a written statement allowing for the use of medical marijuana.

While the state has come a long way by passing a medical marijuana law that helps residents suffering from a series of conditions including Alzheimer’s disease, cancer, chronic pain, glaucoma, and others, anti-drug war advocates in the state are hoping to get an initiative added to the November ballot that would legalize marijuana for recreational use.

In early July, the Campaign to Regulate Marijuana Like Alcohol submitted 258,582 signatures to secretary of state officials. To quality for Arizona’s statewide ballot, the campaign must have 150,642 valid signatures from registered voters.

If passed, the Regulation and Taxation of Marijuana Act would legalize marijuana for recreational use and establish a network of licensed cannabis shops that would collect taxes on the sales of marijuana and marijuana-related products. The proposal resembles the model used in Colorado.

Drug-Testing Industry Heavily Invested in Keeping Pot Illegal

in Consumer Protection, Drugs, Liberator Online, News You Can Use, Personal Liberty by Advocates HQ Comments are off

Drug-Testing Industry Heavily Invested in Keeping Pot Illegal

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

The US government’s war on drugs has always counted with a great deal of support coming from a variety of special interest groups. Crony capitalism, it seems, is always to blame. But while libertarians have always known that, the media is just now realizing that there are more special interest groups involved with the drug war than they had previously thought.

TestToo bad mainstream news sources often misdiagnose the root of the problem.

According to an extensive ATTN article, the drug-testing industry is one of the most powerful opponents to weed legalization in America, along with the private prison industry, law enforcement, and big drug companies.

In the ATTN piece, the writer gives inside information on the history of cronyism involving the drug-testing industry and the US government. It also explains that several former DEA administrators are now part of nonprofits that advocate and actively lobby for drug-testing in Washington to remain relevant. The piece also explains that while federal agencies were bound by law to implement drug-testing programs in the 1980s due to the passage of the Drug Free Workplace Act, government agencies were the first to be hit with the government’s recommendations regarding drug-testing policies, thanks to an executive order issued by the President Ronald Reagan administration.

“Urine tests,” the article explains “didn’t become a common workplace practice in the U.S. until the 1980s,” which is when the Reagan administration began requiring federal government employees to be tested. This statement implies that the entire drug-testing industry may have not had as much influence as it does now if not for a string of orders and regulations that require organizations to use their services.

To Jason Williamson, a senior staff attorney at the American Civil Liberties Union’s Criminal Law Reform Project, “passing or failing a drug test has no bearing on whether or not they’re going to be impaired at the job two weeks later.” This “piece of the puzzle,” Williamson told Attn.com, is huge, and a major reason why “drug-testing companies don’t need or want to talk about” the real implications of their services.

According to a 1985 study shared by the Drug and Alcohol Testing Industry Association, airline pilots using flight simulators after smoking marijuana showed signs of impairment 24 hours “after usage.” But in a more recent government-sponsored study from 1989, researchers found that the psychoactive effects of cannabis use “wore off after one to four hours.” Proving that the largest drug-testing industry trade group in the country might have been helping these firms do business with countless organizations and government agencies without addressing the problems brought up by pro-marijuana legalization activists.

A quick search on the Center for Responsive Politics website shows that, to this day, organizations associated with DATIA such as Quest Diagnostics are actively—and heavily—involved with Washington politics.

According to a 2012 Reason piece, another organization known as the Drugs of Abuse Testing Coalition spent thousands lobbying for “Medicare reimbursement … and payment rates for qualitative drug screen testing.”

Targeting crony capitalism and its negative consequences, even when the subject is the drug war, could help us clear away the fog, giving advocates access to the real roots of the government’s ineffective drug war and how to solve the problem.

4/20 Weed Sales Prove the War on Drugs is Hindering Economic Development

in Drugs, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

4/20 Weed Sales Prove the War on Drugs is Hindering Economic Development

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

On April 20th, marijuana enthusiasts celebrate what they call a national holiday. With the sales of marijuana products exceeding the $37.5 million mark on this past 4/20, the ongoing efforts to put an end to the drug war and their lucrative consequences show that entrepreneurs have a lot to gain once the substance is rescheduled federally.

Woman_smoking_marijauana (1)Former aide to President Richard Nixon John Ehrlichman, who served time in prison over his involvement with the Watergate scandal, allegedly admitted that the drug war launched by the Nixon administration had two targets, “the antiwar left and black people.”

Ehrlichman allegedly told journalist Dan Baum that members of the Nixon White House “knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities.”

As US states disrupt the ongoing federal effort to put an end to drug consumption in America by passing their own marijuana legalization laws, the drug war is finally unwinding, at least partially.

According to Fox News, marijuana retailers registered a 30 percent increase in retail transactions on 4/20. The report comes from a software company that provides global cannabis businesses seed-to-sale tracking systems known as MJ Freeway. The startup, which was launched in 2010, is able to sift through data from cannabis retailers, producing an accurate analysis of 40 percent of America’s cannabis market.

As more states join the legalization bandwagon by passing recreational marijuana bills, legal retail sales are estimated to reach $6.7 billion by the end of 2016. As entrepreneurs heap the benefits, the industry promotes economic growth by offering great employment opportunities for residents of the states where weed is legal.

On April 20, MJ Freeway has disclosed, legally-licensed cannabis retail locations across the country sold $10,822 worth of products on average. The days before and after 4/20 have also seen a boost in sales. According to MJ, legal weed retailers sold $6,208 on April 19 and $5,442 on April 18 also on average.

California saw the largest dollar amount sold on April 20, beating others like Colorado and Washington, where recreational weed is legal. Colorado ended up beating all other states by having higher sales on average on April 20th.

While these numbers seem promising, it’s hard to assess just how much wealthier the country would be if all drug laws put in place in the name of an undeclared war on immoral behavior were lifted.

While discussing the health consequences associated with drug use is important, the burden should be shared by local communities, where individuals have access to religious entities and other privately-organized groups that support addicts, not in the hands of law enforcement.

As the country becomes increasingly enamoured with the idea of bringing the drug war to a halt, libertarian advocates claim that even gun violence would suffer a major blow once laws criminalizing drug consumption and sales are dropped.

According to Cato Institute’s Adam Bates, the only “common sense” approach to the gun violence issue in America is to end the drug war. After all, more than 2,000 homicides a year are gang-related, the government estimates. What is Washington waiting for?