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A CLEAR AND PRESENT DANGER: The Drug Legalization Movement in America

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Title: A CLEAR AND PRESENT DANGER: The Drug Legalization Movement in America


1
A CLEAR AND PRESENT DANGER  The Drug
Legalization Movement in America
  • Presented at
  • The Midwest Security and Police Conference
  • August 13, 2008
  • by
  • Calvina L. Fay
  • Executive Director
  • Drug Free America Foundation
  • www.dfaf.org

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Objectives
  • This presentation will provide
  • An overview of the tactics being utilized in the
    drug legalization movement and their consequences
  • An update on the progress and failures of the
    advocates for drug legalization, including
    efforts in Illinois
  • Information on the medical efficacy (or lack
    thereof) and the harms of marijuana
  • Information on what can be done to push back
    against drug legalization and why you should get
    involved

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5
Legalization - The Goal
  • Family Values are endangered as drug prevention,
    treatment, and law enforcement are being
    profoundly impacted due to the well-financed
    movement to normalize and legalize all currently
    illegal drugs!

6
Impact on Treatment
  • Treatment is being redefined as maintenance.
  • Addiction is becoming acceptable and not
    mentioned.
  • It is represented that all drugs can be used
    responsibly, with the exception of nicotine.
  • Losing our hammer to shepherd addicts into
    treatment.

7
Impact on Prevention
  • Drug education is being shifted from educating
    children against drugs to educating children
    about drugs.
  • Children are being taught that they can use drugs
    safely if they just know how.
  • Children are being taught how to use drugs.

8
Impact on Law Enforcement
  • Drug laws cannot be enforced.
  • Drug laws are being weakened.
  • Asset forfeiture funds are being lost, affecting
    the ability to fight organized crime and protect
    our communities.

9
The Ploys of the Drug Culture
  • Mainstream approach
  • Crime/Drug War has failed
  • Harm reduction its the policy not the drugs
  • NEPs
  • Drug education
  • Treatment
  • Marijuana and other Schedule One drugs as
    medicine
  • Hemp for the environment

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23
Bridgeport, Connecticut - 1997 Kit to use crack
safely
24
Excerpts from Safe Crack Kit Brochure
  • If you smoke indoors, make sure it is
    ventilated. Poorly aired rooms can be risky for
    tuberculosis (TB). Cover your mouth when
    coughing.
  • If you have problems breathing or are coughing
    up dark stuff, slow down or stop smoking for a
    while. See a doctor is if it continues!

25
Harm Reduction and Education
  • Harm reduction is creeping into drug education
    at
  • -schools
  • -universities
  • -workplaces

26
WHAT DO WE KNOW ABOUT EFFECTIVE DRUG EDUCATION?
  • HISTORY HAS SHOWN THAT WHEN THE
  • PERCEPTION OF HARM WAS UP, DRUG
  • USE WAS DOWN. WHEN PERCEPTION OF
  • HARM WAS DOWN, DRUG USE WENT UP.

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Marijuana Harm Reduction
29
Its Just a Plant
  • Directed squarely at very young children
  • Foreword by Marsha Rosenbaum Ph.D
  • Published by Magic Propaganda Mill
  • Promoted by Drug Policy Alliance
  • Thanks to Ethan, George Soros, mates at the
    NYPD, anyone doing time for this plant Marsha
    Rosenbaum

30
Marijuana
  • Medicine vs. Legalization Tactic

31
NORML
  • Based on our objective of legalization by 1997,
    we must begin by demanding immediate medical
    access to marijuana for the sick.
  • Richard Cowan
  • Executive Director
  • High Times Jan 1993

32
Is Marijuana Medicine ?
  • Scientific research does not indicate it is
  • The Food and Drug Administration has stated it is
    not
  • ALL major national medical associations have
    rejected it
  • The U.S. Supreme Court has ruled that medical
    necessity is not a legal defense for possessing
    it

33
How Does Medicine Become Medicine?
  • Legitimate, double-blind studies not just
    because it makes you feel good
  • FDA approval process (w/DEA input) with specific
    criteria
  • Sometimes derived from natural plant material

34
Voters or Legalizers? (as of 10/26/2000)
  • Legalizers 96
  • Questionable 3.5
  • Grassroots
    .5

35
The Three Big Funders of Drug Legalization
  • George Soros Open Society over 50 MILLION
    contributed
  • Convicted of insider trading
  • Peter Lewis Progressive Insurance Estimated
    at 6-8 MILLION per year
  • Arrested by authorities in The Netherlands for
    attempting to smuggle drugs
  • John Sperling Phoenix University over 13
    MILLION contributed

36
U.S. STATES/DISTRICTS THAT HAVE APPROVED MEDICAL
EXCUSE MARIJUANA
  • California
  • Arizona (legislative members pre-emptive
    implementation)
  • Oregon
  • Washington
  • Alaska
  • Maine
  • Hawaii (by legislation)
  • Nevada
  • Montana
  • D.C. (amendment prohibits becoming law)
  • Vermont
  • Colorado
  • Rhode Island (by legislation)
  • New Mexico (by legislation)

37
So, whats the harm in allowing marijuana use?
38
Toxins, Toxins, Toxins
  • Over 200 known toxic byproducts of the combustion
    of the marijuana leaf, stem, seed
  • Carcinogenic
  • Tar, tar and more tar
  • At least 5 times the potency of cigarettes

39
Pot is More Potent Than Ever
  • The University of Mississippi's Potency
    Monitoring Project said the level of THC -- the
    main psychoactive substance in marijuana -- was
    9.6 percent in recently seized samples compared
    to an average of just under 4 percent in 1983.

40
MJ As Mild Drug Emergency Department Visits
  • 24 percent increase in ED visits since 2001
  • Correlates with the increasing potency of the
    cannabinoids (and also toxins) in current
    marijuana
  • Hallucinogenic properties
  • SAMSHA 2002 Drug Abuse Warning Network survey

41
Institute of Medicine Report Marijuana and
Medicine 1999
  • Given a cigarette of comparable weight (due to
    loose packing of MJ joint), as much as four times
    the amount of tar can be deposited in the lungs
    of MJ smokers as in the lungs of tobacco smokers
  • joints do not have filters
  • large inhalation volume
  • deep lung inhalation
  • breath holding practices

42
IOM Report Immune System
  • Cell culture and animal studies have established
    cannabinoids as immunomodulators that is, they
    increase some immune responses and decrease
    others
  • Based on drug dose, timing of delivery, type of
    immune cell examined

43
MJ and Pregnancy
  • Dr. S. Dey, Vanderbilt Univ. Medical Center,
    Proceedings National Academy Sciences, 2003
  • Anandamide normally exists in the body and
    facilitates the implantation of the embryo into
    the uterus
  • Slightly higher dosages may interfere with this
    process and be responsible for spontaneous
    miscarriages

44
IOM Report Cognition
  • Psychomotor function disrupted by acute MJ body
    sway, hand steadiness, rotary pursuit, driving
    and flying simulation, divided attention,
    sustained attention and digit-symbol substitution
    test
  • Experienced airline pilot flight simulator study
  • MJ administered 24hrs before simulator task
  • pilots thought that they wouldnt be impaired
    they were
  • Cognitive impairments associated with acutely
    administered MJ limit the activities that people
    would be able to do safely or productively drive
    vehicle or operate potentially dangerous equipment

45
MJ, Pregnancy and Kids Learning
  • Dr. V. Cuomo, La Sapienza Univ. Rome, Proceedings
    National Academy of Sciences, 2003
  • Offspring of pregnant rats given low dose MJ
    cannabinoid were found to perform poorly in
    learning tests throughout their lives
  • Hyperactivity demonstrated during rat infancy and
    adolescence
  • This hyperactivity stopped in adulthood but was
    replaced with memory retention problems

46
1999 National Center on Addiction and Substance
Abuse (CASA) Report MJ Children
  • Impairment of short-term memory, concentration,
    motor skills
  • Greater likelihood of another illicit drug like
    cocaine, heroin
  • Increase risk of unprotected and or multi-partner
    sex
  • Potential long-term physical/psychological
    dependence
  • Depressed reaction time, coordination, attention
    span with subsequent risks of accidents

47
MJ and Depression
  • George Patton, Murdoch Childrens Research
    Institute, Melbourne, n1600, 14-15yo, followed
    over 7 years
  • Daily MJ use associated with 5 fold increased
    risk of depression by 20yo
  • Weekly use linked to a 2 fold increase
  • NewScientist.com, 11/02

48
The Cannabis Timebomb James Chapman, Daily Mail
(UK)
  • Cannabis users are seven times more likely to
    develop mental illness, a devastating report has
    revealed
  • Report by Prof. Robin Murray, head of psychiatry
    at London Institute of Psychiatry to the annual
    meeting of the Royal College of Psychiatry
  • Response to the UK Home Secretary David
    Blunketts decision to reclassify cannabis from
    schedule B to schedule C (like tranquilizers)
  • 80 of patients he assessed with first episode
    psychosis had been taking cannabis
  • the more cannabis thats consumed, the more
    psychiatrists we are going to need

49
Cannabis Timebomb
  • 50,000 18yo Swedish Army conscripts who took
    cannabis on more than 50 occasions were 6 times
    more likely to develop schizophrenia in the
    following 15 years
  • Dutch study of 4,000 showed that smoking 2 or
    more joints per week were almost 7 times more
    likely to have psychotic symptoms in the next
    three years
  • Increased vulnerability if there is a family hx
    of mental illness

50
Cannabis Timebomb
  • Smoked marijuana connections to cancer and lung
    disease
  • Studies demonstrating memory deficits secondary
    to marijuana consumption (face naming tasks,
    day-to-day forgetfulness) point to a 10 percent
    increase in these problems for 5-20 usages/month,
    and a 20 percent increase for usage greater than
    20 times
  • Chapman, James Daily Mail, 11.20.02

51
Institute of Medicine Report Marijuana and
Medicine 1999
  • Logical categories for medical use MJ are not
    based on particular diseases but on symptoms
    (nausea, appetite loss, chronic pain) which can
    be caused by various diseases or the treatment
    for these diseases
  • Scientific data indicate the potential
    therapeutic value of cannabinoid drugs, primarily
    THC, for pain relief, control of nausea and
    vomiting, and appetite stimulation smoked
    marijuana, however, is a crude THC delivery
    system that also delivers harmful substances.but
    it does not follow from this that smoking
    marijuana is good medicine.
  • FDA recently criticized medicinal use

52
IOM Report
  • Chronic effects of MJ are of greater concern and
    fall into 2 categories effects of chronic
    smoking and the effects of THC
  • MJ smoke is like tobacco smoke in that it is
    associated with increased risk of cancer, lung
    damage and poor pregnancy outcome
  • Smoked MJ is unlikely to be a safe medication for
    any chronic medical condition
  • Vulnerable subpopulations of MJ users can develop
    dependence adolescents, people with psychiatric
    conditions/substance abuse appear to be at
    greater risk for MJ dependence

53
Behavioral Consequences of MJ Dependence
  • Alan J. Budney, Ph.D., U of Vermont
  • Twofold increase in treatment-seeking for MJ
    dependence in the past 10 years
  • MJ dependence more similar than dissimilar to
    dependence on other agents
  • NIDA Workshops on Clinical Consequence of
    Marijuana, 2001

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56
12 Pounds of Marijuana
57
Consequences of Legalizing Marijuana as a
So-called Medicine
  • It is a stepping stone
  • Amounts of MJ are later increased
  • Distribution of MJ is sought
  • Growing of MJ is sought
  • Allowable ailments are increased
  • Other initiatives are introduced
  • Prop 36 and Prop 5
  • It normalizes drug taking
  • It creates the illusion that MJ is benign
  • Increases drug use, especially with youth
  • Ignores addiction, mental illnesses, and other
    harms

58
Consequences of Legalizing Marijuana as a
So-called Medicine
  • It actually harms the truly sick
  • Suppresses immune system
  • Denies sick true medical care, including pain
    management
  • It increases crime and public safety issues
  • It enables and encourages drug trafficking

59
Consequences of Legalizing Marijuana as a
So-called Medicine
  • THE CALIFORNIA EXPERIENCE
  • People are smoking pot to treat EVERYTHING
  • Non-profit dispensers are making a LOT of money
    (cash)
  • New Remedies, a statewide dispenser, revealed
    weekly payroll is 170,000 with after-tax profit
    margins between 5 and 15. A DEA investigation
    showed they made 60 cash deposits totaling
    approx. 2.3 million to a single bank during one
    8-month period.
  • Raided clinics in LA area averaged 20,000 in
    profits each day.
  • One statewide operation brings in estimated 200
    million/year.
  • Weapons (and other drugs) are frequently found in
    dispensaries armed robberies burglaries occur

60
Consequences of Legalizing Marijuana as a
So-called Medicine
  • THE CALIFORNIA EXPERIENCE
  • Indoor growing facilities have been found next to
    day care centers
  • Indoor growing facilities have been linked to an
    Asian organized crime group suspected of buying
    dozens of homes in affluent neighborhoods
  • Indoor growing facilities steal electricity
    bypass meters creating fire hazards and safety
    issues for police others
  • Indoor growing facilities are discarding used
    chemicals into community drainage systems or back
    yards resulting in environmental damage.

61
Consequences of Legalizing Marijuana as a
So-called Medicine
  • THE CALIFORNIA EXPERIENCE
  • Cities are moving to ban dispensaries because of
    so many problems
  • Dealers are claiming to be caregivers or
    patients in order to do business as usual
  • Dispensaries have been linked to organized crime.
    One N. Hollywood dispensary owner told police a
    Jamaican drug trafficking organization was trying
    to take over his business was threatening
    physical violence to him his family.
  • MJ has become a major cash crop 40 of all of
    Mendocino County economic activity.

62
Consequences of Legalizing Marijuana as a
So-called Medicine
  • THE CALIFORNIA EXPERIENCE
  • Storefront operations are increasing (more than
    200 statewide), typically with no requirement for
    legitimate medical examinations or follow up.
    One doc saw 49 persons in 1 day, netting 150 per
    patient and saw 293 in 1 week, earning over
    43,000 without ever examining them.
  • It is costly for the state to police the
    operations
  • High school students have openly smoked medical
    marijuana in class
  • No age requirement - Children are using MJ as
    so-called medicine can easily obtain it

63
Consequences of Legalizing Marijuana as a
So-called Medicine
  • THE CALIFORNIA EXPERIENCE
  • Dispensaries attract criminal behavior
    robberies, burglaries, car-jackings, drug deals,
    beatings, murders
  • Property owners around dispensaries claim some
    customers urinate on and vandalize nearby
    buildings, clog the area with traffic, and drive
    away legitimate business with what appears to be
    drug dealing. Some dispensaries attract 200 to
    300 per day.
  • Many dispensaries also market products attractive
    to children such as MJ-laced candy bars and
    lollipops.

64
Consequences of Legalizing Marijuana as a
So-called Medicine
  • MULTI-STATE EXPERIENCE
  • Obstacles for drug-free workplace programs
  • Obstacles for treatment providers
  • Mixed message to children
  • Disregard for law enforcement
  • Expanded legalization efforts
  • More pot allowed
  • More conditions to be treated
  • Decriminalization
  • Legalization
  • Treatment vs. incarceration
  • Distribution growing efforts

65
The Stated Goals of the Drug Legalization
Advocates at the Start of 2008
  • Lobbying Congress to pass medical fraud MJ
    legislation at federal level
  • Legalize MJ as medicine federally
  • Hinchey-Rohrabacher amendment
  • Expanding medical fraud MJ laws in RI and VT
  • Medical fraud MJ ballot initiatives in up to 4
    states
  • Arizona, Idaho, Michigan, Ohio
  • War on Drug Czar campaign
  • Decrim MJ initiative in MA

66
Their Stated Goals for 2008 (contd)
  • Build a coalition of supporters in NV
  • Legalization ballot initiative in 2010
  • Recruit celebrities
  • Legislation to legalize MJ in CA
  • Build upon city initiatives
  • Medical fraud MJ state legislative bills
  • Illinois, Minnesota, New York
  • Work with doctors medical organizations to pass
    resolutions set internal policy supporting
    access to MJ as medicine

67
The Drug Legalization Approach
  • State legislation
  • City ordinances
  • Federal bills
  • Ballot initiatives and petitions
  • Resolutions

68
The Drug Legalization Approach
  • Medi-pot
  • Expansion bills
  • Allowable quantity
  • Allowable conditions
  • Distribution capability
  • Source capability
  • Treatment vs. incarceration
  • Decriminalization
  • Legalization

69
Ballot Initiatives and Petitions in 2008
  • 28 pro-drug ballot initiatives or petitions have
    been filed across the nation
  • 9 failed or were unable to qualify for the ballot
  • 14 remain open
  • 5 passed

70
Ballot Initiatives and Petitions in 2008 (contd)
  • Initiatives or Petitions that PASSED local and
    no statewide
  • Idaho legalized medical fraud MJ in Hailey
  • Idaho made MJ law enforcements lowest priority
    in Hailey
  • Idaho approved industrial use of hemp in Hailey
  • Illinois made first time MJ possession a ticketed
    offense in Sugar Grove
  • Vermont passed resolution to explore option for
    handling small amounts of MJ in Burlington
  • Hailey city officials have filed a lawsuit
    against the initiatives.

71
Ballot Initiatives and Petitions in 2008 (contd)
  • Initiatives or Petitions that FAILED local and
    statewide
  • Arizona petition to tax and decriminalize MJ
    and petition to implement medical fraud MJ
  • California initiative to legalize hemp for
    medicine and industrial purposes
  • Idaho initiative to regulate and tax MJ in
    Hailey
  • Michigan ballot initiative to legalize MJ use
    on private property and permit cultivation of MJ

72
Ballot Initiatives and Petitions in 2008 (contd)
  • Initiatives or Petitions that FAILED local and
    statewide
  • Oregon initiative to allow pot dispensaries and
    initiative to allow adults to consume, possess,
    cultivate MJ for non-medical purposes
  • South Dakota initiative petition to lower
    drinking age to 19 for drinks containing 3.2 or
    less alcohol
  • Vermont initiative to decriminalize MJ in
    Burlington

73
Ballot Initiatives and Petitions in 2008 (contd)
  • Initiatives or Petitions that are still OPEN
    local and statewide
  • Arkansas Petition in Fayetteville to make MJ
    law enforcements lowest priority will be on Nov
    09 ballot
  • California Prop 5 (NORA )which seeks to
    decriminalize MJ engage addicts in harm
    promotion will be on the Nov ballot
  • California Act seeks to eliminate limits on
    amount of MJ that patients can possess in
    Berkley
  • Massachusetts initiative to replace criminal
    penalties of 1 oz of MJ with a civil fine

74
Ballot Initiatives and Petitions in 2008 (contd)
  • Initiatives or Petitions that are still OPEN
    local and statewide
  • Maine Summer ballot initiative to make MJ laws
    enforcements lowest priority, a petition to
    decriminalize MJ, and a petition to expand
    current medical MJ law
  • Michigan initiative to legalize MJ as so-called
    medicine will be on state ballot in November and
    a ballot initiative in Ferndale to permit the use
    of MJ as a medicine and permit an organization
    the ability to distribute it

75
Ballot Initiatives and Petitions in 2008 (contd)
  • Initiatives or Petitions that are still OPEN
    local and statewide
  • Oregon Portland initiative seeks to legalize
    possession of 1 oz of MJ for non-medical purposes
  • Missouri Joplin petition seeks to decriminalize
    MJ and MJ paraphernalia

76
Ballot Initiatives and Petitions Expected in 2010
  • Nevada
  • Legalization measure
  • Oregon
  • Oregon Cannabis Tax Act was to start signature
    gathering in July 08
  • Dispensary program filed on June 30, 2008
  • Oregon Crimefighting Act A good initiative
    supported by SOS that would require that
    medical MJ be FDA-approved

77
Pro-drug Legislative Efforts in 2008
  • 63 pieces of legislation
  • 47 failed or were unable to make it out of
    committee
  • 3 passed but, 2 were vetoed by the Governors of
    HI and RI and the 1 in VT cannot go into effect
    until definition of MJ is amended by Congress
  • 13 are still open

78
Pro-drug Legislative Efforts PASSED in 2008
  • Hawaii sought to expand number of MJ plants
    allowed to medical users and to create a
    taskforce to study the transport of JM between
    the islands passed but vetoed by governor
  • Rhode Island sought to allow pot dispensaries
    passed but vetoed by governor
  • Vermont allows for industrial hemp but will not
    take effect until US Congress amends definition
    of MJ

79
Pro-drug Legislative Efforts still OPEN in 2008
  • Massachusetts
  • SB 1121 would replace criminal penalties of 1 oz
    of MJ with a civil fine
  • HB 2247 would allow for medi-pot
  • SB 1011 seeks to decriminalize 1 oz or less of MJ
  • SB 944 would allow for medi-pot
  • Michigan
  • HB 4038 medi-pot bill carried over from 2007

80
Pro-drug Legislative Efforts still OPEN in 2008
  • New Jersey
  • AB 804 SB 119 medi-pot bills
  • Ohio
  • SB 343 seeks to legalize medi-pot

81
Pro-drug Legislative Efforts still OPEN in 2008
  • California
  • SJR 20 urges Congress to mandate DEA and others
    to uphold state law in violation of federal law
    and allow MJ as medicine
  • AB 2279 would protect medi-pot users in the
    workplace
  • AB 2743 would make it illegal for state and local
    law enforcement to assist federal agencies with
    enforcement of federal drug laws
  • Illinois
  • SB 2865/HB 5938 seeks to allow medi-pot

82
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Seeks to legalize MJ as a so-called medicine
    allows possession of up to 2.5 oz (150-300
    joints) of usable MJ and 8 plants (plus any
    incidental amount of seeds, stalks, unusuable
    roots)
  • House bill re-referred to Rules Committee
  • Senate Floor Amendment No. 4 Re-referred to
    Rules Pursuant to Senate Rule 3-9(b)

83
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Allows medical use of MJ to treat, among other
    illnesses, a chronic or debilitating disease or
    medical condition that produces
  • Cachexia or wasting syndrome
  • Severe pain
  • Severe nausea
  • Seizures, including but NOT LIMITED TO those
    characteristic of
  • Epilepsy
  • Severe persistent muscle spasms

84
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Chronic disease or condition disease or
    condition lasting for more than 3 months
  • Debilitating disease or condition disease or
    condition causing loss of energy of strength

85
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Medical use is defined to include acquisition,
    possession, cultivation, manufacture, use,
    delivery, transfer, or transportation of MJ or
    paraphernalia relating to the administration of
    MJ to treat or alleviate a patients condition.
  • Users are recognized as qualifying patients.

86
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Medi-pot can be recommended by practitioners
    who will be registered by the state. A
    practitioner means a person who is licensed
    with authority to prescribe drugs under Article
    III of the Illinois Controlled Substance Act.
    Does this include vets and dentists?

87
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Primary caregivers are allowed to supply MJ to
    users and may assist up to 5 individuals.
  • Caregivers can receive compensation and can
    possess 12.5 oz of MJ (750-1500 joints) and 40
    plants (plus any incidental amount of seeds,
    stalks, unusuable roots).
  • Visiting qualifying patients are recognized as
    so-called patients who are not residents of ILL
    or who have been a resident for less than 30 days.

88
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Allows for medical MJ organizations
    (dispensaries) to be recognized by the state and
    issued an ID card to allow them to provide the MJ
    source.
  • Medical MJ organization is defined as a
    registered entity that acquires, possesses,
    cultivates, manufactures, delivers, transfers,
    transports, supplies, or dispenses MJ, or related
    supplies and educational materials to registered
    qualifying patients.

89
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • No restriction on locating medical MJ
    organizations near day care centers, parks, and
    playgrounds.
  • The Department SHALL give reasonable notice of
    inspection of facilities.
  • Medical MJ organizations are prohibited from
    obtaining MJ from outside the state of ILL. How
    will this be enforced???

90
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Prohibits businesses, occupational, or
    professional licensing boards or bureaus from
    taking any disciplinary action against
    patients, caregivers, or medical MJ
    organizations as long as they comply with the
    Act.
  • No school, employer, or landlord may refuse to
    enroll or employ or lease to, or otherwise
    penalize a patient or caregiver solely for
    their status as such.

91
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • A law enforcement agency that seizes does not
    return medical MJ shall be liable to the
    cardholder for the fair market value of the MJ.
  • Users from other states are protected even though
    their ID card was issued by a different state
    with different rules.
  • After the Act becomes law, petitions from the
    public will be accepted to add debilitating
    medical conditions to the list.

92
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Children may qualify for medi-pot with parental
    permission and involvement.
  • Law enforcement would be prohibited from
    cooperating with federal law enforcement or other
    agencies that do not recognize the protection of
    this Act on any MJ-related investigation if the
    person is a patient.

93
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Patients shall not be considered to be under
    the influence of MJ solely because of failing a
    drug test impairment would need to be proven.
  • Patients may assert the medical purpose for
    using MJ as a defense to ANY prosecution
    involving MJ and this defense shall be presumed
    valid if they are acting within the Act. Proof
    to the contrary would be required.

94
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • ID cards would be issued by the state for
  • Patients
  • Caregivers
  • Medi-pot organizations
  • At what cost???

95
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • What are the safeguards for issuing ID cards?
  • No limits for criminals or addicts as patients
    or as caregivers

96
Illinois SB 2865 and HB 5938 Compassionate Use
of Medical Marijuana Pilot Program Act
  • Limits issuance of card to any principal
    officer, board member, agent, or employee of a
    medical marijuana organization who has been
    convicted of a felony drug offense.
  • Silent about other offenses
  • Excludes from felony drug offense definition an
    offense for which sentence, including any term of
    probation, incarceration, or supervised release,
    was completed 10 or more years earlier OR an
    offense that involved conduct that would have
    been permitted under this Act.

97
Pro-Drug Activity in Progress for 2008 at the
Federal Level
  • Mobilizing for Hinchey-Rohrabacher federal
    amendment - was not introduced this year
  • Mobilizing for federal bill to legalize MJ as
    medicine
  • Federal bill filed by Rep. Frank Barney at the
    end of July to legalize personal possession of
    3.5 oz. MJ (210-420 joints) and not-for-profit
    transfer of 1 oz of MJ (60-120 joints)

98
There is a lot of good news with positive
efforts!!!!!
  • Anti-drug legislation PASSED
  • Florida
  • HB 173 lowered number of MJ plants possessed from
    300 to 25 for trafficking offense
  • HB 1360 added Salvia Divinorum and Salvinorin A
    to list of Schedule I substances
  • Hawaii
  • HB 2346 added MJ to endangering welfare of a
    minor
  • Kansas
  • SB 481 makes Salvia a Schedule I drug

99
There is a lot of good news with positive
efforts!!!!!
  • Anti-drug legislation PASSED
  • Louisiana
  • HB 514 allows certain employers engaged in
    certain safety-sensitive areas to reduce the
    initial cut-off level for MJ testing
  • HB 46 reorganizes Schedules I, II, III, and V of
    the Controlled Substances Law to make them more
    consistent with federal law
  • SCR 78 expresses support for the creation of a
    joint legislative Substance Abuse and Mental
    Health Caucus
  • Mississippi
  • SB 2456 makes Salvia a Schedule I drug

100
There is a lot of good news with positive
efforts!!!!!
  • Anti-drug legislation PASSED
  • Nebraska
  • LB 844 re-criminalized MJ possession
  • Oklahoma
  • HB 3148 classifies Salvia as a Schedule I drug
  • South Dakota
  • HB 1060 increased penalties for possession with
    intent to sell
  • SB 69 adds MJ to list of substances for purposes
    of child abuse

101
There is a lot of good news with positive
efforts!!!!!
  • Anti-drug legislation PASSED
  • North Carolina
  • Expands drug-free safe zones/schools parks
  • Tennessee
  • HB 5828 seeks random student drug testing
    approved but placed at the back of the budget

102
There is a lot of good news with positive
efforts!!!!!
  • Anti-drug legislation still PENDING
  • New Jersey
  • SB 1060 student drug testing
  • AB 1323 criminalizes the sale and distribution of
    Salvia
  • Ohio
  • HB 215 seeks to classify Salvia as a Schedule I
    drug
  • Pennsylvania
  • SB 584 establishes problem-solving courts

103
There is a lot of good news with positive
efforts!!!!!
  • At the federal level
  • We have pro-actively pushed forward the
    implementation of the REAL ID Act in states
    across the country.

104
Unfortunately, some good bills did not make it
  • North Carolina
  • HB 1749 would have increased penalties for the
    sale of drugs near parks adjourned without
    action
  • Alabama
  • SB 15 sought to add Salvia to list of Schedule I
    drugs adjourned without action
  • SB 8 sought to add the sale of Salvia as sale of
    controlled substance adjourned without action

105
Unfortunately, some good bills did not make it
  • New York
  • A 4358 S 2252 sought to increase penalties for
    sale of drugs and post drug-free school zones
    died in committee cannot be carried over
  • A 2670 S 1447 relates to criminal possession of
    MJ on or near school grounds adjourned without
    action
  • A 1534 S 816 would not allow candy to resemble
    MJ products or taste like MJ adjourned without
    action
  • A 2079 sought to create aggravated sale of MJ
    adjourned without action
  • A 10611 sought to prevent a controlled substance
    from resembling candy adjourned without action

106
Other Attacks by the Legalizers
  • ACLU and legalization groups attacking random
    student drug testing
  • ACLU and legalization groups attacking drug-free
    workplace programs
  • Legalizers soliciting employers in their fight
  • Treatment centers challenged by patients
    needing their medicine while in treatment
  • Prison system challenged by those needing their
    medicine while incarcerated

107
Global Cornerstone Attacks by the Legalizers
  • Harm reduction the harm of drug policy not the
    harm of drugs themselves
  • Human rights the right to use drugs
  • Elimination or alteration of the UN Drug
    Conventions

108
Understanding the international drug treaties
  • The United Nations International Drug Conventions
    of 1961, 1971, and 1988 explicitly state that
    every member country must take measures to reduce
    drug use and the total harm resulting from the
    use of drugs. 
  • The Conventions require member states to devote
    resources towards reducing the demand and supply
    of drugs and to not cede to legalization efforts. 

109
Understanding the international drug treaties
  • Every ten years the goals that have been set
    forth in the Conventions are reviewed. 
  • The current review was due in 2008 but, has been
    delayed until 2009 with 2008 to be observed as a
    year of reflection. 

110
Elimination of international drug treaties as a
legalization strategy
  • Drug legalization advocates are planning to
    petition the United Nations during the General
    Assembly Special Session on Drugs (UNGASS) in
    2009. 
  • A call will be made for the elimination or
    rewriting of the Conventions which are vital in
    preventing countries from legalizing currently
    illegal drugs or implementing other drug
    permissive measures under international law. 
  • A similar attempt was made during the review of
    the Conventions in 1998.

111
It is imperative that we protect the
international drug conventions
  • Project SUNDIAL was formed to counter the efforts
    of the drug legalization advocates and support
    the international goals against drugs.  
  • Online petition is available to enable citizens
    around the world to support the UN Drug
    Conventions and to push back against drug
    legalization. 
  • Individuals and organizations may sign this
    petition located at www.ungassdrugs.org.

112
Whats Next From the Drug Legalization Movement?
  • Heroin give-away programs
  • Marijuana give-away programs
  • Injection rooms
  • Inhalation rooms
  • More needle give-away programs
  • Decriminalization/legalization

113
And if things are not BAD enough..Soros Adds
New Money
  • George Soros has announced that he will
    contribute significant funding to treatment in
    several major cities.

114
Things YOU can do to help in this battle
  • Visit www.ungassdrugs.org and sign our petition
    in support of the UN Drug Conventions
  • Visit www.saveoursociety.org and sign up for
    legislative congressional alerts
  • Visit www.noonproposition5.com and sign the
    endorsement against Prop 5 in CA
  • Establish a similar No endorsement campaign for
    ILL
  • Gather resolutions
  • Build coalitions to get the word out

115
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Questions?
  • SAVE OUR SOCIETY FROM DRUGS DRUG FREE
    AMERICA FOUNDATION
  • 727-828-0210 727-828-0211
  • www.saveoursociety.org www.dfaf.org
  • The Journal of Global Drug Policy and Practice
  • www.globaldrugpolicy.org
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