Three and a half years ago, on my 62nd birthday, doctors discovered a mass on my pancreas. It turned out to be Stage 3 pancreatic cancer. I was told I would be dead in four to six months. Today I am in that rare coterie of people who have survived this long with the disease. But I did not foresee that after having dedicated myself for 40 years to a life of the law, including more than two decades as a New York State judge, my quest for ameliorative and palliative care would lead me to marijuana.

My survival has demanded an enormous price, including months of chemotherapy, radiation hell and brutal surgery. For about a year, my cancer disappeared, only to return. About a month ago, I started a new and even more debilitating course of treatment. Every other week, after receiving an IV booster of chemotherapy drugs that takes three hours, I wear a pump that slowly injects more of the drugs over the next 48 hours.

Nausea and pain are constant companions. One struggles to eat enough to stave off the dramatic weight loss that is part of this disease. Eating, one of the great pleasures of life, has now become a daily battle, with each forkful a small victory. Every drug prescribed to treat one problem leads to one or two more drugs to offset its side effects. Pain medication leads to loss of appetite and constipation. Anti-nausea medication raises glucose levels, a serious problem for me with my pancreas so compromised. Sleep, which might bring respite from the miseries of the day, becomes increasingly elusive.

Inhaled marijuana is the only medicine that gives me some relief from nausea, stimulates my appetite, and makes it easier to fall asleep. The oral synthetic substitute, Marinol, prescribed by my doctors, was useless. Rather than watch the agony of my suffering, friends have chosen, at some personal risk, to provide the substance. I find a few puffs of marijuana before dinner gives me ammunition in the battle to eat. A few more puffs at bedtime permits desperately needed sleep.

This is not a law-and-order issue; it is a medical and a human rights issue. Being treated at Memorial Sloan Kettering Cancer Center, I am receiving the absolute gold standard of medical care. But doctors cannot be expected to do what the law prohibits, even when they know it is in the best interests of their patients. When palliative care is understood as a fundamental human and medical right, marijuana for medical use should be beyond controversy.

Sixteen states already permit the legitimate clinical use of marijuana, including our neighbor New Jersey, and Connecticut is on the cusp of becoming No. 17. The New York State Legislature is now debating a bill to recognize marijuana as an effective and legitimate medicinal substance and establish a lawful framework for its use. The Assembly has passed such bills before, but they went nowhere in the State Senate. This year I hope that the outcome will be different. Cancer is a nonpartisan disease, so ubiquitous that it’s impossible to imagine that there are legislators whose families have not also been touched by this scourge. It is to help all who have been affected by cancer, and those who will come after, that I now speak.

Given my position as a sitting judge still hearing cases, well-meaning friends question the wisdom of my coming out on this issue. But I recognize that fellow cancer sufferers may be unable, for a host of reasons, to give voice to our plight. It is another heartbreaking aporia in the world of cancer that the one drug that gives relief without deleterious side effects remains classified as a narcotic with no medicinal value.

Because criminalizing an effective medical technique affects the fair administration of justice, I feel obliged to speak out as both a judge and a cancer patient suffering with a fatal disease. I implore the governor and the Legislature of New York, always considered a leader among states, to join the forward and humane thinking of 16 other states and pass the medical marijuana bill this year. Medical science has not yet found a cure, but it is barbaric to deny us access to one substance that has proved to ameliorate our suffering.

Gustin L. Reichbach is a justice of the State Supreme Court in Brooklyn.

A version of this op-ed appeared in print on May 17, 2012, on page A27 of the New York edition with the headline: A Judge’s Plea for Pot.

Source: New York Times (NY)
Author: Gustin L. Reichbach
Published: May 17, 2012
Copyright: 2012 The New York Times Company
Contact: letters@nytimes.com
Website: www.nytimes.com/

Article source: http://feedproxy.google.com/~r/CannabisNews-MedicalMarijuanaMarijuanaNewsHempCannabis/~3/RBjlvL7TYTc/19

Idaho Has Some Of The Harshest Marijuana Laws In The Country

If you are a marijuana consumer, and you can avoid Idaho, please do so at all costs. I was supposed to be there right now, but I was so worried about the reefer madness there that I went back across the Snake River and got the first hotel room I could find. On this side of the Snake River I’m a registered, protected medical marijuana patient. The two ounces I brought with me are 1/12th of the amount I’m allowed to legally carry. Compare that to the other side of the Snake River, where my two ounces could land me in jail for up to a year. If I had three ounces, that number would jump up to 5 years in prison.

The laws in Idaho are so harsh, and the people here are so unfamiliar with marijuana, that I’m afraid to even talk to anyone about it when I go there, regardless of if I have any on me or not. All routes going East out of Oregon require a ‘white knuckle’ drive through Idaho. People need to be aware of what they are risking if they are planning on making that type of trip. Below is information from NORML in regards to Idaho’s marijuana laws:

Decriminalized? – No.

Under the influence of marijuana in public is a misdemeanor, punishable by 6 months in jail and a $1,000 fine.

Possession of 3 oz or less is a misdemeanor, punishable by 1 year in jail and a $1,000 fine.

Possession of more than 3 oz is a felony, punishable by 5 years in prison and a $10,000 fine.

Distributing or cultivating less than 1 lb (24 plants) is a felony, punishable by up to 5 years in prison and a $15,000 fine.

Distributing or cultivating 1 to 5 lbs (24 – 49 plants) is a felony, punishable by a minimum sentence of 1 year in prison and up to a $50,000 fine.

Distributing or cultivating 5 to 25 lbs (50 – 99 plants) is a felony, punishable by a minimum sentence of 3 years in prison and up to a $50,000 fine.

Distributing or cultivating more than 25 lbs (100 plants or more) is a felony, punishable by a minimum sentence of 5 years in prison and up to a $50,000 fine.

Distributing any amount to a minor who is 3 years or younger than the offender is a felony, punishable by double the penalties in both categories.

Distributing any amount where a minor(s) is present is a felony, punishable by 5 years in prison and a $5,000 fine.

Being present where drug activity occurs with knowledge of the activity is a misdemeanor, punishable by 90 days in jail and a $300 fine.

Possession of paraphernalia is a misdemeanor, punishable by 1 year in jail and a $1,000 fine.

Distributing or manufacturing paraphernalia is a felony, punishable by 9 years in prison and a $30,000 fine.

Subsequent marijuana offenses can double the penalties in each category.

Medical Program? – No.

Below is some very important information that every medical marijuana consumer needs to be aware of before they drive through Idaho with medical marijuana:

I have been meaning to point out an alarming trend in Idaho, but I wanted to get more information before I wrote about it. I have talked to countless family members, activists, and concerned citizens in Idaho recently. They explained to me that cops in Idaho are waiting along the border to try to profile people they think may have purchased medical marijuana in states like Oregon. One person told me today that it’s really bad along I-84, especially around the Homedale junction.

I have a lot of family in Homedale (population 2,535?) and I called some of my cousins to see if this is true. They told me that this is not only common, it’s pretty standard now. Six cop cars at each major entry point into Idaho along the Washington/Idaho/Nevada border is an every day occurrence he said. He was quick to point out that he doesn’t travel as often as some people, but that everyone talks about it in Homedale and Payette.

One activist that I was talking to on Facebook was explaining to me that the cops are profiling cars that have disabled parking permits hanging from their rear view mirrors. I don’t have a source to site, so you can take that information for what you want. If you are from Idaho, can you confirm or deny that? Readers would benefit from your comments. What I do have a source for is the case of Justin Brownrigg. Justin Brownrigg was caught in Idaho with 69 pounds. I personally don’t think that is a smart thing to do, so I don’t want to highlight him, but I do want to highlight how he was busted.

The cops in Oregon pulled Mr. Brownrigg over and smelled marijuana. He flashed an Oregon medical marijuana card and the cops had to let him go. But what the Oregon police did was call the Idaho police…you know the end of the story. Despite what people think, Oregon medical marijuana cards are not legal outside of Oregon. A lot of people are getting them from outside of Oregon since Oregon doesn’t require residency, and for some reason they are under the impression that their card is good wherever they go. That’s just simply not the case. The second you cross state lines, that medical marijuana is illegal, and you are liable to prosecution.

Because of the increasing amount of people coming West for marijuana, medical and recreational, cops in bordering states are taking notice. Idaho has always been a conservative state, so it doesn’t surprise me to hear the things that I’m hearing. One thing that people need to watch out for in Idaho is ‘drug inspection checkpoints.’ I haven’t heard of them popping up, yet, but if there is any place that will try to do this to it’s citizens and travelers, it’s the state of Idaho. Click this link to read more about ‘drug inspection checkpoints.’ I must warn you, it’s some of the most hardcore abuse of police powers I’ve heard of in awhile, and it may induce anger.

And finally, after all the sad information, I find it necessary to remind people in Idaho that hope is on the way – see an article re-posted below:

There are several reports coming out of Idaho that the medical marijuana initiative there will not make the ballot. One of the articles was titled, ‘Group misses mark for medical marijuana initiative.’ I don’t like that title. Mainstream media always tries to trash on medical marijuana campaigns if they don’t make the ballot, acting like everything was done for no reason. This isn’t coincidence – mainstream media tries to downplay marijuana reform campaigns to try to keep the public from supporting them in the future.

I would argue that the Idaho medical marijuana campaign did exactly what it needed to do. Sure, ballot access would have been optimal, but there were still a lot of things accomplished by the signature drive. People in Idaho are talking about medical marijuana more than ever now, especially older voters. A big part of my family is in Idaho, and they never thought medical marijuana would ever have a prayer in Idaho. Now, they all agree that it’s not a matter of if medical marijuana comes to Idaho, it’s when.

Whether people want to realize it or not, Idaho already possesses everything they need to win in 2014. It’s no secret that there are Idaho residents crossing the Snake River to get medical marijuana cards and cannabis in Oregon. When you already have registered medical marijuana patients in the state, it’s easier to convince people it’s a good idea to start a medical marijuana program because after all, there are already patients in the state and the sky is still in place.

There’s already a lot of sympathetic business owners in Idaho. I don’t want to name names out of respect, but I know of two prominent business owners in Boise that now own collectives in Oregon. People like these are important for drumming up campaign funds. From the conversations I’ve had with people in Idaho, there are countless other possible campaign funders within the state. There are a lot of national organizations that will match campaign contributions, but rarely if ever do they pony up cash for a campaign that has little to no in-state contributions. Idaho is ahead of the curve in that respect.

I have talked quite a bit with people from Compassionate Idaho, and I can say for a fact that they have a solid plan for 2014. Expect a launch of the Compassionate Idaho website soon. Everything that was done thus far will be built upon going forward. If you live in Idaho, don’t be discouraged by media reports. Instead be encouraged to get active and continue to make change to prove those people wrong! Compassionate Idaho made a big splash in 2012. That splash will turn into a tidal wave in 2014!

Article source: http://www.theweedblog.com/idaho-is-a-scary-place-to-consume-marijuana/

by David Borden

France’s new president, François Hollande, has vowed to continue France’s expensive addiction to repressive drug policies. Tom Blickman reports for the Transnational Institute:

Hollande’s choice as Minister of the Interior, Manuel Valls, is a declared opponent to any reform on cannabis. During the election campaign, Hollande already opposed the proposal to convert the criminal offence of cannabis use into misdemeanour, put forward by his security adviser and mayor of Dijon, François Rebsamen. Hollande did not want to “give any signal foregoing a deterrent against the use of cannabis.”

Hollande’s comment begs the question, “what deterrent?” The president has presumably heard of something called “data.” What do available data suggest about France’s current marijuana policy?

The data suggest it is a failure. According to the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), France’s adults (age 15-64) in their most recent national survey had a 4.8% past-month cannabis use prevalence, compared with 3.3% under the Dutch “coffee shop” tolerance system and 2.4% under Portugal’s far reaching decriminalization. Young adults in France (15-34) reported 9.8% past-month prevalence, compared with 5.6% and 4.5% in the Netherlands and Portugal. Among youth aged 15-24, France boasts a 12.7% past-month cannabis use rate, vs. 5.3% and 4.1% in the Netherlands and Portugal. These numbers go back to 2005 and 2007, but things are similar enough today to make the point. As the World Health Organization concluded in a 2008 global study, harsh drug laws do not correlate simply with drug use rates.

Hollande’s opposition to drug policy reform comes at a time of deep economic crisis, with Hollande personally under significant pressure to scale back his opposition to the unpopular austerity measures he campaigned against, in order to be able to work with countries like Germany to save the Eurozone. But marijuana enforcement, while providing some jobs for French police officers, mostly forces more austerity on the rest of the country. According to Blickman, the unsuccessful candidate for Hollande’s interior minister pick, François Rebsamen, pointed out, “There are 142,000 cannabis procedures per year, corresponding to hundreds of thousands of hours of work for the police producing only 24,000 prosecutions.” Paris University economist Pierre Kopp has found that “The state could save about €300 million on spending arising out of [marijuana] arrests, or perhaps even more if you include the cost of custody, the running of courts and the enforcement of sentences. The state would also receive duty worth about €1 billion.”

Hollande’s sorry start on the issue provides a useful reminder that reformers need to exert pressure on politicians of all stripes to hold them to account. It’s generally believed that left-leaning politicos are better on issues like drug policy than their opponents, and that’s true more often than not. Factions within Hollande’s Socialist Party have even done some work advocating liberalized approaches to marijuana and other drugs. Nevertheless, drugs and crime are often the “throwaway” issues of choice for leftist politicians looking for ways to woo some right-leaning voters their way, especially prominent politicians. It’s important to note that Hollande has not just rejected a Netherlands-style coffee shop system, nor even just decriminalization for users. Hollande has even opposed changing marijuana possession to a misdemeanor. That is a fairly extremely position, in principle, current policies notwithstanding.

So instead of siding with science and data and common sense, nor even with needed budget relief for his countrymen, France’s new president has instead picked the meanest and stupidest marijuana policy he realistically could have. He should be called out for it.

Article From StoptheDrugWar.org – Creative Commons Licensing

Article source: http://www.theweedblog.com/new-french-president-looks-waste-resources-on-expanding-marijuana-prohibition/

Citizens For Sensible Law Enforcement Files Over 120,000 Signatures to Qualify for Early Turn-In

Citizens for Sensible Law Enforcement today will file enough signatures today to meet the early turn-in deadline and allow the Secretary of State to begin counting its signatures, according to Chief Petitioner Bob Wolfe. The campaign will crack the 120,000 signature mark with today’s turn-in.

“This is yet another milestone in our effort to end marijuana prohibition in Oregon,” said Wolfe. “These 120,000 signatures with six weeks to go put us right on track to qualify for the November ballot.”

Initiative Petition 24 would allow adults 21 and over personal use of marijuana provided their actions do not endanger children or public safety. It allows the state to establish regulations, but says that no criminal sanctions or forfeiture proceedings can be levied against adults who use marijuana for personal use.

“As we saw in the Democratic Primary for Oregon’s Attorney General, the voters of this state are ready to welcome an end to marijuana prohibition provided it is done in a safe and sensible manner. Our initiative does that and today marks yet another major benchmark in our efforts.”

For information on how to donate or volunteer to the campaign to end marijuana prohibition in Oregon, visit their website at www.endprohibitionagain.com or follow their campaign on Facebook.

Article source: http://www.theweedblog.com/campaign-to-end-marijuana-prohibtion-in-oregon-files-over-120000-signatures-to-qualify-for-2012-ballot/

Senate To Vote Again On Medical Marijuana Measure – Three Additional Senate Votes Needed To Override Governor’s Expected Veto

By a supermajority vote, members of the New Hampshire House of Representatives have once again approved Senate Bill 409, which allows for the limited use and cultivation of marijuana for medicinal purposes by qualified patients.

On Wednesday, May 16, House members overwhelmingly re-approved SB 409 by a 228 to 91 vote after making minor amendments to the bill. House members had previously endorsed the measure in April in a 236 to 96 vote.

The vote tally is sufficient to override an expected veto by Democrat Gov. John Lynch.

The measure now returns to the Senate for a concurrence vote. This upcoming vote is pivotal. In March, member of the Republican-led New Hampshire State Senate voted 13-11 in favor of Senate Bill 409. (You can watch lawmakers reaction to the vote here.) However, support from three additional senators will be necessary to override the Governor’s expected veto.

A roll call of the Senate’s March 28 vote is available from MPP here. If your Senator previously voted ‘yes’ on SB 409, please contact and thank him or her and encourage them to continue supporting this important measure. But if your Senator was one of the 11 ‘no’ votes, then it is vital that you contact him or her today and urge them to consider voting ‘yes’ on SB 409.

For your convenience, a pre-written letter is available here. You can also call your Senator here.

Additional information regarding this campaign is available from NH Compassion here.

Alert From NORML.org

Article source: http://www.theweedblog.com/urge-new-hampshire-lawmakers-to-support-medical-cannabis/

By Monterey Bud

The 420 community is gaining friends in “high” places. A current cancer patient and active Brooklyn New York Supreme Court Justice [Gustin Reichbach], has become the newest voice of common sense to be heard screaming from the abyss. Judge Reichbach thinks the only rational course of actions for the Federal government is the full and unequivocal support of states that have gone through the ballot box process to legalize medical marijuana. The Judge then goes on to mention that he prefers to smoke a few hits of weed to relieve some of the side-effects from his cancer cures.

In historical context, acknowledging a fondness for medical marijuana (or the stick icky, as I like to call it) has thrown more than its share of good men off of the path of righteousness. Does anyone remember the debacle that was to befall U.S. appeals court Judge Douglas Ginsburg? Homeboy witnessed his nomination for the U.S. Supreme Court vaporize into thin air in 1987, when once confessing that he liked to smoke the chronic throughout the 60s and 70s.

Now one would think that a New York Supreme Court Justice would be smart enough not to editorialize his passions for pot, unless his conviction for its overall societal benefits outweighed its ills. So now that the Judge has admitted that he may have broken an archaic law, his history as both a person battling cancer and winning with the help of medical marijuana, and a long time respectable judge is more likely to provoke appreciation than disapproval.

When the Judge wrote that “This is not a law-and-order issue; it is a medical and a human rights issue,” he was speaking for the masses who have suffered under the same governmental oppression since the beginning of the marijuana prohibition act. The 65 year old, medical marijuana smoking Judge, spent the last 21 years of his life as a judge for the Kings County Supreme Court.  I’m more than sure he has seen the damage done by our government’s refusal to even address the issues of rescheduling marijuana, thereby keeping it a schedule one classification and out of the reach of scientific recherches.

As of yet New York has still not joined the other 16 medical marijuana states, as well as the District of Columbia that allow for the use of medical marijuana. That being said, it is not for the lack of public support that they remain in the dark ages, but rather a hand full of zealots who feel that their moral understanding of god and law will not allow for such atrocious activities.

Article from Marijuana.com and republished with permission.

Article source: http://www.theweedblog.com/new-york-supreme-court-justice-urges-lawmakers-to-support-medical-marijuana/

Article source: http://www.marijuana.com/news/2012/05/medical-marijuana-californias-elephant-in-the-room/

Article source: http://www.marijuana.com/news/2012/05/northern-lights-photos-and-strain-review/

Article source: http://www.marijuana.com/news/2012/05/cancer-patient-and-new-york-supreme-court-justice-supports-medical-marijuana/

Medical marijuana advocates have a message for Democratic leaders and federal prosecutors with an eye on political office: Don’t mess with pot. Pushing back against a federal effort to stem the proliferation of medical marijuana operations, one of the nation’s largest drug policy groups claimed credit Wednesday for the defeat of a former federal prosecutor who was the early favorite to win the Democratic primary for Oregon attorney general.

As interim U.S. attorney, Dwight Holton called Oregon’s medical marijuana law a “train wreck” and oversaw efforts to crack down on medical marijuana clubs and grow operations that he said were fronts for illegal marijuana sales. Federal prosecutors have led similar crackdowns in other states that have legalized marijuana for medicinal use.

“Drug war rhetoric and tactics will not be tolerated,” said Jill Harris, managing director for the campaign arm of Drug Policy Alliance.

Retired state appeals court judge Ellen Rosenblum said she’d make marijuana enforcement a low priority. She easily defeated Holton with the help of Harris’ group and its allies, which chipped in at least a quarter of Rosenblum’s total campaign cash.

“What we’re hoping, and what we assume, is that any U.S. attorney who’s thinking of running for statewide office in a Democratic Primary anywhere in the country is going to think twice now before adopting a highly aggressive posture toward the medical marijuana law,” said Ethan Nadelmann, executive director Drug Policy Alliance and its campaign branch, Drug Policy Action.

Rosenblum downplayed the role of the marijuana vote in her victory in a brief interview following her victory Tuesday night. With most votes counted, she defeated Holton 64 percent to 36 percent.

“There’s lots of issues that played into my victory, and that may well be one of them,” Rosenblum said of the surprising emergence of medical marijuana as a defining issue.

About 55,000 people are registered marijuana users in Oregon.

Sixteen states allow people with a doctor’s recommendation to use marijuana, an issue that has long been a source of tension with the federal government. Federal officials have said some state medical marijuana laws are being used as cover to grow and sell pot for the black market. Law enforcement agencies have cracked down on some pot growers, dispensaries and clubs in several states, including California, Colorado and Oregon.

Campaign finance records show Rosenblum raised $600,000 through May 9, including $80,000 from Drug Policy Action and $70,000 from John Sperling, Chairman of Apollo Group Inc., who has financed medical marijuana campaigns nationally. Oregon has no caps on campaign contributions.

Citizens for Sensible Law Enforcement, a local organization working on a ballot measure to legalize marijuana, spent another $40,000 to boost Rosenblum, much of it on radio ads attacking Holton over marijuana.

“We’re glad to have played a role in her victory,” said Bob Wolfe, one of the organization’s directors. “But I do think Dwight’s defeat is directly related to his stance on marijuana.”

Holton declined to comment. The Department of Justice did not immediately respond to a request for comment.

Source: Associated Press (Wire)
Published: May 17, 2012
Copyright: 2012 The Associated Press

Article source: http://feedproxy.google.com/~r/CannabisNews-MedicalMarijuanaMarijuanaNewsHempCannabis/~3/MXGKhePFhj4/17