Cannabis in the United States - AbsoluteAstronomy.com

The use, sale and possession of cannabis
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...

(marijuana) in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

is illegal under federal law. However, some states have created exemptions for medical cannabis

Medical cannabis

Medical cannabis refers to the use of parts of the herb cannabis as a physician-recommended form of medicine or herbal therapy, or to synthetic forms of specific cannabinoids such as THC as a physician-recommended form of medicine...

use.

President Barack Obama

Barack Obama

Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

and Attorney General Eric Holder

Eric Holder

Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....

have maintained that the current administration will not raid medical marijuana dispensaries that cooperate with state and local laws, although the President is not in favor of full legalization on a national level. In July 2009, Gil Kerlikowske

Gil Kerlikowske

Richard Gil Kerlikowske is the current Director of the Office of National Drug Control Policy, a position generally referred to as the United States "Drug Czar". He assumed office on May 7, 2009....

, Director of the Office of National Drug Control Policy

Office of National Drug Control Policy

The White House Office of National Drug Control Policy , a former cabinet level component of the Executive Office of the President of the United States, was established in 1989 by the Anti-Drug Abuse Act of 1988...

, further clarified the federal government's position when he stated that "marijuana is dangerous and has no medicinal benefit" and that "legalization is not in the president's vocabulary, and it's not in mine." However, a January 2010 settlement between the U.S. Drug Enforcement Agency and the Wo/Men's Alliance for Medical Marijuana

Wo/Men's Alliance for Medical Marijuana

Wo/Men's Alliance for Medical Marijuana is a non-profit medicinal cannabis dispensing collective located in Santa Cruz, California. WAMM was founded in 1993 by Valerie Leveroni Corral and her then husband Michael Corral. Members receive medicinal cannabis in exchange for volunteer work. There...

(WAMM) provides an example confirming the administration policy as communicated by Attorney General Holder, as WAMM successfully reached an agreement to re-open after being shut down by the federal government in 2002.

In October 2011, Gallup poll showed 50 percent support for legalizing marijuana and 46 percent said marijuana should remain illegal. The highest support for legalization came from liberals and adults under age 30, with more than 60 percent and the lowest support came from Americans over age 65 with 31 percent.

History

Under federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana, since the Controlled Substances Act of 1970

Comprehensive Drug Abuse Prevention and Control Act of 1970

The Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236 , is a United States federal law that, with subsequent modifications, requires the pharmaceutical industry to maintain physical security and strict record keeping for certain types of drugs...

classifies marijuana as a Schedule I drug, claiming it has a high potential for abuse and has no acceptable medical use.

Some states and local governments have established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal enforcement agents rarely target individuals directly for such relatively minor offenses. Other state and local governments ask law enforcement agencies to limit enforcement of drug laws with respect to cannabis, however under the Supremacy Clause

Supremacy Clause

Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...

of the United States Constitution

United States Constitution

The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

, federal law preempts conflicting state and local laws. In most cases, the absence of a state law does not present a preemption conflict with a federal law.

In 2002, Nevada voters defeated a ballot question which would legalize up to 3 ounces (85 g) for adults 21 and older by 39% to 61%. In 2006, a similar Nevada ballot initiative, which would have legalized and regulated the cultivation, distribution, and possession of up to 1 ounce (28 g) of marijuana by adults 21 and older, was defeated by 44% to 56%.

In 2006, South Dakota voters defeated Measure 4, voting 48% for and 52% against. Measure 4 was to allow the use of medical marijuana by patients deemed by their physicians to benefit from its use, and was to be regulated by state-issued ID cards and protection of legitimate medical distributors.

The National Center for Natural Products Research in Oxford, Mississippi

Oxford, Mississippi

Oxford is a city in, and the county seat of, Lafayette County, Mississippi, United States. Founded in 1835, it was named after the British university city of Oxford in hopes of having the state university located there, which it did successfully attract....

is the only facility in the United States that is federally licensed by the National Institute on Drug Abuse

National Institute on Drug Abuse

The National Institute on Drug Abuse is a United States federal-government research institute whose mission is to "lead the Nation in bringing the power of science to bear on drug abuse and addiction."-History:...

to cultivate cannabis for scientific research. The Center is part of the School of Pharmacy at the University of Mississippi

University of Mississippi

The University of Mississippi, also known as Ole Miss, is a public, coeducational research university located in Oxford, Mississippi. Founded in 1844, the school is composed of the main campus in Oxford, four branch campuses located in Booneville, Grenada, Tupelo, and Southaven as well as the...

Usage

Roger Roffman, a professor of social work at the University of Washington

University of Washington

University of Washington is a public research university, founded in 1861 in Seattle, Washington, United States. The UW is the largest university in the Northwest and the oldest public university on the West Coast. The university has three campuses, with its largest campus in the University...

, asserted in July 2009 that "approximately 3.6 million Americans are daily or near daily users." Peter Reuter, a professor at the School of Public Policy and the Department of Criminology at the University of Maryland, College Park

University of Maryland, College Park

The University of Maryland, College Park is a top-ranked public research university located in the city of College Park in Prince George's County, Maryland, just outside Washington, D.C...

, said that "experimenting with marijuana has long been a normal part of growing up in the U.S.; about half of the population born since 1960 has tried the drug by age 21." A World Health Organization

World Health Organization

The World Health Organization is a specialized agency of the United Nations that acts as a coordinating authority on international public health. Established on 7 April 1948, with headquarters in Geneva, Switzerland, the agency inherited the mandate and resources of its predecessor, the Health...

survey found that the United States is the world’s leading per capita marijuana consumer. The 2007 National Survey on Drug Use & Health prepared by the U.S. Department of Human Health and Services indicates that over 100 million U.S. citizens over the age of 12 have used marijuana. The 2008 survey found that 35 million Americans were willing to tell government representatives that they had used marijuana in the past year.

In 2009, according to a Zogby poll and an ABC News/Washington Post poll, between 46% and 56% of US voters would support legalization

Legality

Federal

Under federal law, it is illegal to possess, use, buy, sell, or cultivate marijuana, since the Controlled Substances Act of 1970

Comprehensive Drug Abuse Prevention and Control Act of 1970

classifies marijuana as a Schedule I drug, claiming it has a high potential for abuse and has no acceptable medical use.

The Federal government has criminalized marijuana under the Interstate Commerce Clause, which gives the Federal Government the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. Additionally, under the Supremacy Clause, any state law in conflict with federal law is not valid. These issues were addressed squarely by the United States Supreme Court in Gonzales v. Raich
Gonzales v. Raich
Gonzales v. Raich , 545 U.S. 1 , was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal...

, 352 F. 3d 1222 in 2005.

In January 2009, President Barack Obama

Barack Obama

's transition team organized a poll to clarify some of the top issues the American public want to have his administration look into, and 2 of the top ten ideas were to legalize the use of cannabis.
President Barack Obama

Barack Obama

and Attorney General Eric Holder

Eric Holder

Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....

Gil Kerlikowske

Richard Gil Kerlikowske is the current Director of the Office of National Drug Control Policy, a position generally referred to as the United States "Drug Czar". He assumed office on May 7, 2009....

, Director of the Office of National Drug Control Policy

Office of National Drug Control Policy

Wo/Men's Alliance for Medical Marijuana

State

16 US states including District of Columbia have so far passed laws allowing some degree of medical use of marijuana(10 of the 16 by majority vote of the citizens) and 13 of these states have taken steps to decriminalize it to some degree. This movement sought to make simple possession of cannabis punishable by only confiscation or a fine, rather than prison. In the past several years, the movement had started to have some successes.

Some states and local governments have established laws attempting to decriminalize cannabis, which has reduced the number of "simple possession" offenders sent to jail, since federal enforcement agents rarely target individuals directly for such relatively minor offenses. Other state and local governments ask law enforcement agencies to limit enforcement of drug laws with respect to cannabis, however under the Supremacy Clause

Supremacy Clause

of the United States Constitution

United States Constitution

, federal law preempts conflicting state and local laws. In most cases, the absence of a state law does not present a preemption conflict with a federal law.

Alaska

In Alaska, cannabis was decidedly legal (under state, but not federal, law) for in-home, personal use under the Ravin v. State
Ravin v. State
Ravin v. State is a 1975 decision by the Alaska Supreme Court that legalized possession of small amounts of cannabis in the state. It was brought about by Irwin Ravin, an attorney who deliberately got arrested in Anchorage for refusing to sign a traffic ticket while in possession of marijuana in...

ruling of 1975. This ruling allowed up to two ounces (57 g) of cannabis and cultivation of fewer than 25 plants for these purposes. A 1991 voter ballot initiative recriminalized marijuana possession, but when that law was eventually challenged in 2004, the Alaska courts upheld the Ravin ruling, saying the popular vote could not trump the state constitution. In response to former Governor Frank Murkowski's successive attempt to re-criminalize cannabis, the American Civil Liberties Union

American Civil Liberties Union

The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

(ACLU) filed a lawsuit against the state. On July 17, 2006, Superior Court Judge Patricia Collins awarded the Case Summary judgment

Summary judgment

In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....

to the ACLU. In her ruling, she said "No specific argument has been advanced in this case that possession of more than 1 ounce (28 g) of cannabis, even within the privacy of the home, is constitutionally protected conduct under Ravin or that any plaintiff or ACLU of Alaska member actually possesses more than 1 ounce (28 g) of cannabis in their homes." This does not mean that the legal possession threshold has been reduced to one ounce, as this was a mere case summary review filed by the ACLU, not a full case. Reinforcing Ravin, Collins wrote "A lower court cannot reverse the State Supreme Court's 1975 decision in Ravin v. State" and "Unless and until the Supreme Court directs otherwise, Ravin is the law in this state and this court is duty bound to follow that law". The law regarding possession of cannabis has not changed in Alaska, and the Supreme Court has declined to review the case, therefore the law still stands at 4 ounces (113 g). However, federal prosecutions under the CSA can be brought in Federal Court, and federal courts applying federal law are not bound by state court precedent. As such, federal courts in Alaska will recognize that possession of any quantity of marijuana remains illegal in Alaska under federal law.

Penalties

It should be emphasized that legal possession of cannabis is strictly noncommercial. The maximum legal limit is up to four ounces or 25 plants owned for personal use by adults in the privacy of their homes. Possessing more than 4oz or more than 25 or cannabis plants is a felony punishable by up to 5 years in jail and a fine of up to $ 50,000. Possession of any amount cannabis within 500 feet of a school or a recreation center is also a felony punishable by 5 years jail time and a fine of up to $50,000; but if possession is noncommercial and the offender is in their a private residence, an affirmative defense may be raised in court.

Possession of marijuana for Commercial reasons regardless of the amount is prohibited by law.Sale of less than 1oz is considered a misdemeanor punishable by one year jail time and a fine of up to $5000. Sale of more than one ounce of cannabis is a felony punishable by 5 years in prison and $ 50,000 fine. Furthermore, Alaskans cannot maintain any buildings or structures whose sole purpose is to house and or distribute marijuana plant.

Colorado

These included Denver, Colorado

Denver, Colorado

The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...

legalizing possession of up to an ounce of cannabis for adults aged 21 and older.

Connecticut

On June 30, 2011, Gov. Dan Malloy

Dan Malloy

Dannel Patrick "Dan" Malloy is the 88th and current Governor of Connecticut. He was the Mayor of Stamford, Connecticut from December 1995 until December 2009. Malloy had been endorsed by the Connecticut Democratic Party on May 22, 2010 over 2006 Democratic U.S...

of Connecticut signed legislation into law decriminalizing the possession of small, personal use amounts of marijuana by adults. The new law, Senate Bill 1014, took effect on July 1.

Senate Bill 1014 reduces the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (formerly punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a $150 fine, no arrest or jail time, and no criminal record. The new law similarly reduces penalties for the possession of marijuana paraphernalia.

Massachusetts

In 2008, Massachusetts voters approved a ballot initiative to decriminalize a possession of up to an ounce of marijuana.

Michigan

In the November election of 2008, Michigan became the thirteenth state to legalize the physician supervised possession and use of cannabis. More than 60 percent of Michigan voters decided in favor of Proposal 1, which establishes a state-regulated system regarding the use and cultivation of medical marijuana by qualified patients.

Medical cannabis

In the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, it is important to differentiate between medical cannabis at the federal and at the state level. At the federal level, cannabis per se has been made criminal by implementation of the Controlled Substances Act

Controlled Substances Act

The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...

. At a state level the control of medical cannabis

Medical cannabis

varies.

Crime

There have been over eight million cannabis arrests in the United States since 1993, including 786,545 arrests in 2005. Cannabis users have been arrested at the rate of 1 every 40 seconds. About 88% of all marijuana arrests are for possession - not manufacture or distribution.

Although large-scale marijuana growing operations are frequently targeted by police in raids to attack the supply side and discourage the spread and marketing of the plant, the great majority of those arrested for cannabis are there for possession alone. However, in 1997, the vast majority of inmates in state prisons for marijuana related convictions were convicted of offenses other than simple possession.

According to the most recent Federal Bureau of Investigation's annual Uniform Crime Report, police arrested 847,864 persons for marijuana violations in 2008. Of those charged with marijuana violations, 754,224 were charged with possession only. The remaining 93,640 individuals were charged with "sale/manufacture," a category that does not differentiate for cultivation offenses, even those where the marijuana was being grown for personal or medical use. Marijuana arrests now comprise about one-half (49.8 percent) of all drug arrests reported in the United States.

Political parties

The United States Marijuana Party has local chapters in 29 states but there are many state-level parties as well. Members associated with the US Marijuana Party have run for office, including Edward Forchion

Edward Forchion

Robert Edward Forchion, born July 23, 1964, and also known as NJWEEDMAN, is a cannabis activist and a perennial candidate for various New Jersey elected offices. He is a resident of the Browns Mills section of Pemberton Township, New Jersey....

(for multiple offices) and candidates from the Marijuana Reform Party

Marijuana Reform Party

The Marijuana Reform Party is a progressive minor political party in the U.S. state of New York dedicated to the legalization of cannabis...

(for governor).

Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...

has the Grassroots Party
Grassroots Party
The Grassroots Party is a minor political party. It was created in the 1980s to oppose drug prohibition. The party shares the political leftist values of the Greens but with a greater emphasis on marijuana/hemp legalization issues....

.

New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

has the The Legalize Marijuana Party founded by Manee Kassaii on April 20, 1998.

In New York State, in 1998 and 2002, the Marijuana Reform Party of New York State
Marijuana Reform Party
The Marijuana Reform Party is a progressive minor political party in the U.S. state of New York dedicated to the legalization of cannabis...

ran candidates for governor and other statewide offices. In 2004, a federal judge held that, by running candidates in 1998 and 2002 statewide elections, the Marijuana Reform Party demonstrated a "modicum of support" sufficient to entitle it to an injunction compelling the state board of elections to recognize the party and allow voters to enroll in it. Viable in New York State because of its unique fusion political system, it remains the only political party in the United States recognized on a statewide level and dedicated to the advocacy of marijuana law reform, with the exception of the Libertarian Party
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...

, which advocates legalization of all drugs.

In the State of Vermont, Cris Ericson was on the official election ballot in 2004 for the Marijuana Party for Governor and for U.S. Senate. It is legal to be on the official election ballot for one state and one federal office. Cris Ericson will be on the official election ballot 2008 for U.S. Congress House of Representatives and for Governor of Vermont for the U.S. Marijuana Party.

Florida has the People United for Medical Marijuana organized in 2008 http://www.pufmm.org founded by Kim Russell

Advocacy

Americans for Safe Access
Americans for Safe Access
Americans for Safe Access is based in Oakland, California and is the largest member-based organization of patients, medical professionals, scientists and concerned citizens working to ensure safe and legal access to cannabis for therapeutic uses and research...
Marijuana Policy Project
Marijuana Policy Project
The Marijuana Policy Project, or MPP, is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff...
National Organization for the Reform of Marijuana Laws

Cannabis culture

420 (cannabis culture)
420 (cannabis culture)
420, 4:20 or 4/20 refers to consumption of cannabis and, by extension, a way to identify oneself with cannabis subculture. The notable day for these is April 20.- Origins of terms :...
Cannabis Buyers Club
Cannabis Buyers Club
The San Francisco Cannabis Buyers Club was the first public medical cannabis dispensary in the United States. It first opened in 1992, in the wake of the success of Proposition P, which passed in 1991...
Chef Ra
Chef Ra
Chef Ra , born Jim Wilson, Jr., was a long-time marijuana advocate and cannabis foods writer in the United States. After gaining notoriety as a ganja gourmet, he began writing his High Times column, "Chef Ra's Psychedelic Kitchen", in 1988 at the request of editor Steve Hager...
Fitz Hugh Ludlow
Fitz Hugh Ludlow
Fitz Hugh Ludlow, sometimes seen as “Fitzhugh Ludlow,” was an American author, journalist, and explorer; best-known for his autobiographical book The Hasheesh Eater ....
Hash Bash
Hash Bash
Hash Bash is an annual event held in Ann Arbor, Michigan, on the first Saturday of April at high noon on the University of Michigan Diag. A collection of speeches, live music, street vending and occasional civil disobedience are centered on the goal of reforming federal, state, and local marijuana...
High Times
Morning Star (cannabis)
Morning Star (cannabis)
Morning Star is a highly potent strain of cannabis that is distributed in California as part of its medical marijuana program. It is known to have as much as 24% THC content.This strain is available at located in San Jose, CA.-External links:*...
Oaksterdam
Oaksterdam
Oaksterdam is a cultural district on the north end of downtown Oakland, California, where medical cannabis in a variety of competitively priced smokeable and edible preparations is available for purchase in multiple cafes, clubs, and patient dispensaries. Oaksterdam is located on the north end of...
Stony Awards
Stony Awards
The High Times Stony Awards , sponsored by High Times magazine, celebrate the "highest and stoniest" movies and TV shows of the year. The High Times Stonys began as an annual article in High Times magazine conceived by Senior Editor Steve Bloom...
The Marijuana-Logues
The Marijuana-Logues
The Marijuana-Logues is an Off-Broadway comedy show in New York City. Arj Barker, Doug Benson and Tony Camin are the creators and performers. It is a four man stand-up comedy show, with the majority of the humor centered around the drug marijuana. The show's title is a play on the long-running...

External links

Debate On California's Pot Shops from CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...

news show 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....
President Obama's Drug Czar: Feds won't Support Legalized Pot Fresno Bee, July 22, 2009
Marijuana's New High Life by The Los Angeles Times

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.

History

Usage

Legality

Federal

State

Alaska

Penalties

Colorado

Connecticut

Massachusetts

Michigan

Medical cannabis

Crime

Political parties

Advocacy

Cannabis culture

See also

Further reading

External links