Election Hangover

The election -- I don't want to talk about it.

But I will say that at least in California we avoided that bored millionaire running for governor, but we didn't pass Prop 19. There was only one funny moment last night that made me smile. A local news reporter was trying to explain why the disappointed Prop 19 supporters weren't allowing the media into their post-election party, and he implied, through hand gestures, that they were all smoking doobies in there.

Funny how they cut that out of their online video.

Prop on Pot

Here in California, ballot propositions grow like weeds. You may remember our infamous "stop the gays from marrying" prop from 2008. If you love something or hate something, you can try to legalize it, outlaw it, regulate it, or tax it with a proposition. Over 90 were filed with California election officials or proposed in the State Legislature for 2010. Nine will be on the November 2 ballot.

Of course, before I vote, I always do my homework. I study the pros and cons and try to read the actual bill if it's not too daunting. But the one proposition I'm already schooled in is Proposition 19: The Regulate, Control and Tax Cannabis Act of 2010.

Official summary:

Allows people 21 years old or older to possess, cultivate, or transport marijuana for personal use. Permits local governments to regulate and tax commercial production and sale of marijuana to people 21 years old or older. Prohibits people from possessing marijuana on school grounds, using it in public, smoking it while minors are present, or providing it to anyone under 21 years old. Maintains current prohibitions against driving while impaired.

Summary of estimated fiscal impact:

Savings of up to several tens of millions of dollars annually to state and local governments on the costs of incarcerating and supervising certain marijuana offenders. Unknown but potentially major tax, fee, and benefit assessment revenues to state and local government related to the production and sale of marijuana products.

The list of people and organizations endorsing prop 19 is quite diverse, and don't forget about the Facebook billionaire who donated $50,000 in support.

So, with so many voices agreeing with my own pro-legalization views, why do I still feel so anti-establishment? Because marijuana will still be illegal by federal law. And Attorney General Eric Holder doesn't want us to forget that:

We will vigorously enforce the CSA against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law.

I get it. Holder is committed to the enforcement of federal laws. And maybe some people will be impressed that the administration is preemptively acting tough and warning the liberal entrepreneurs to not get brazen when setting up shop. But if he thinks he's going to send in loads more DEA goons to pick up the slack in enforcement, well... I don't think sensational raids and photo-ops will impress anybody.


I'm voting yes on Prop 19. We'll see what happens. Simple possession of marijuana in California is now only a $100 infraction thanks to the governator, but we still need to take a bolder step. Maybe other states will follow? Maybe this ill-conceived war on drugs will finally end.

My 420 Post

Two living fossils walk into a bar...


(CNN video.)

An All-Time High

Support for legalizing marijuana has reached an all-time high in the US according to an October Gallup poll. Yes, the American public is slowly coming to its senses. And maybe the government too...

After writing many blog posts on the failure of drug prohibition, I have something good to report:

Pot-smoking patients or their sanctioned suppliers should not be targeted for federal prosecution in states that allow medical marijuana, prosecutors were told Monday in a new policy memo issued by the Justice Department.

Under the policy spelled out in a three-page legal memo, federal prosecutors are being told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law.

Well, that's a far cry from federally decriminalizing marijuana, but it's a slow and cautious step in the right direction. We won't be prosecuting sick people who have found relief in the Cannabis plant and happen to live in one of the fourteen states with medical marijuana laws.

Also, it's evidence that President Obama is not just like Bush.

Another Post on Pot

Well, the above comic shows one way to join the war on drugs. I wonder if it would work as a defense in court? "I was just smoking it out of existence, your honor." Okay, probably a bad idea. But here is a better idea...

Congressman Barney Frank has introduced a new bill to decriminalize marijuana use. He introduced a similar bill last year which failed. Political momentum is a funny thing. Politicians have capitalized on this war for decades, and in the process, spent billions of our tax dollars. It must be very painful for them to change direction now, but public opinion has changed and momentum is building for a broad debate.

Legalizing drugs would weaken the Mexican drug cartels, save billions on law enforcement, and ease the budget problems in states that can grow marijuana. I think we've moved way beyond those simplistic fried egg PSA's from the 1980's. Also, I'm getting really sick of hearing tragic stories like this one and this one.

Why Aren't You in Jail?

Are we really becoming this short-sighted? Debtors' prisons are back:

Edwina Nowlin, a poor Michigan resident, was ordered to reimburse a juvenile detention center $104 a month for holding her 16-year-old son. When she explained to the court that she could not afford to pay, Ms. Nowlin was sent to prison. The American Civil Liberties Union of Michigan, which helped get her out last week after she spent 28 days behind bars, says it is seeing more people being sent to jail because they cannot make various court-ordered payments. That is both barbaric and unconstitutional.

In 1970, the Supreme Court ruled that it violates equal protection to keep inmates in prison extra time because they are too poor to pay a fine or court costs. More recently, the court ruled that a state generally cannot revoke a defendant’s probation and imprison him for failing to pay a fine if he is unable to do so.

This is another example of our nation repeating history because we didn't learn the lesson the first time. Of course, the major flaw of this system is that by putting indebted people in prison, society prevents them from contributing their labor and thus makes it harder for them to pay it off and thus makes it harder for creditors to recoup their investment.

And of course, you won't see the Wall Street types going to jail even though the banks they run seem hopelessly insolvent: "The International Monetary Fund has estimated that U.S. banks will require $275 billion to $500 billion in additional capital."

It's a case of one set of rules for rich people, and another set of rules for the rest of us. It's a bit like drug prohibition. We have over half a million drug offenders incarcerated, and yet look at all the politicians who can admit to drug use and still go free.

So when we get around to rethinking these laws and prison terms regarding debt, drugs, and other crazy stuff, one question we should each ask ourselves is "self, why am I not in jail too?"

Pot of Gold

No, this post isn't about St. Patrick's Day, but I hope you had a good one. This post is about easing California's budget crisis by legalizing marijuana:

Could marijuana be the answer to the economic misery facing California? Democratic state assemblyman Tom Ammiano thinks so. Ammiano introduced legislation last month that would legalize pot and allow the state to regulate and tax its sale — a move that could mean billions of dollars for the cash-strapped state. Pot is, after all, California's biggest cash crop, responsible for $14 billion a year in sales, dwarfing the state's second largest agricultural commodity — milk and cream — which brings in $7.3 billion a year, according to the most recent USDA statistics. The state's tax collectors estimate the bill would bring in about $1.3 billion a year in much needed revenue, offsetting some of the billions of dollars in service cuts and spending reductions outlined in the recently approved state budget.

California legalized medical marijuana in 1996, but this proposed law, the Marijuana Control, Regulation and Education Act (AB 390), would legalize the sale of marijuana to adults age 21 and older.

I think if the state had dared to consider this during the Bush Administration, the result would have been near civil war. But obviously we have entered a new era. U.S. Attorney General Eric Holder has indicated that federal raids on pot dispensaries will stop thus ending the old rift between California and federal law.

Ending the paramilitary overkill would also be a good idea, but we only progress one step at a time.

Inevitably, some people will think this spells doom and a "dopier" nation, but Portugal decriminalized all drugs in 2001, and from an empirical perspective the policy has been a success.

Anyway, can we get any more dopier than this?



(YouTube video)

a/k/a War on Drugs

Yesterday I watched a/k/a Tommy Chong. The documentary chronicles the entrapment and incarceration of comedy icon Tommy Chong of the legendary comedy duo, Cheech and Chong. The story is an infuriating one about a U.S. Attorney, Mary Beth Buchanan, who went on a money-wasting witch-hunt to prosecute Chong and others for selling water pipes over the Internet. Feel safer? Not me.

In fact, one comment by Chong expressed how unsafe we should feel. When asked what prison was like, he answered "You'll find out."

When a moralistic government is on a mission, they'll prosecute anybody they want. It doesn't matter how benign your business or private life is... they'll come and get you with a SWAT team if it makes for a good photo-op.

You should probably try to see this DVD while it's still available. Mary Beth Buchanan still has the power, and she obviously doesn't want you to see it.

The $100,000 Bong

US Olympic swim star Michael Phelps was caught smokin' weed. How boring. I mean he's not the first famous person to take a toke. He's in good company.

And the nice thing about being famous (with hero status) is that he probably won't be charged with a crime. However, seven other South Carolina party-goers and the bong owner aren't so lucky. Trying to sell the notorious bong on eBay for $100,000 was probably a bad idea.

But I want to make my position clear. I support the decriminalization or even legalization of marijuana. And yet, I don't think Phelps should be treated any differently than other law breakers. Lately I'm extremely intolerant of people who don't think the law applies to them.

When Geraldo Rivera of FOX News asked South Carolina Gov. Mark Sanford whether Phelps should be prosecuted, Sanford replied, "I don't see what it gets at this point."

I'll tell you what it gets: public awareness. Awareness of a victimless crime. Awareness of why we get high. Awareness of therapeutic uses. Awareness of the ridiculous penalties and costs involved in pot prosecutions. Awareness that you can smoke pot and still win gold medals... And with this new awareness, people might start asking "why is marijuana illegal anyway?"

We certainly can't have any of that. And though Phelps lost his Kellogg's endorsement, the company oddly still profits from potheads. I wonder what's worse for you? Marijuana or this Gold Medal Sundae:

Ambien President

Last week the McCain campaign allowed a few privileged souls to have a look at the candidate's medical records. I think his supporters want us to believe that he's pretty healthy for an old guy...

However, as I perused some analysis of these records, I was alarmed as soon as I saw the word "Ambien." I've known people who have used this drug, and they all have stories to tell. For those who don't know about this prescription medication, it is for short-term treatment of insomnia. It's effective, but if the person using the drug tries to stay awake, his or her behavior may be "altered" to say the least.

My friend's father was under the influence of Ambien when, at 2 am, he went outside to water (actually soak) the front lawn wearing only underwear and a winter jacket... and blasting Van Halen so the whole neighborhood could hear. When his family tried to coax him inside, he simply screamed "I'm going to have a greener lawn than all of you!"

Sounds crazy, doesn't it? But many people have had similar issues while taking the drug. Sleep-eating is one acknowledged side-effect. However, even scarier is sleep-driving. In 2006, Rhode Island Rep. Patrick Kennedy smashed his Ford Mustang into a barrier near Capitol Hill. He said that he had been disoriented by two prescription medications he had taken -- one of which was Ambien.

So... not to drag out an old question... but who do you want answering the phone at 3am? I assume you don't want a President disoriented by a "central nervous system depressant." I'm not the only one concerned that McCain's Ambien use could be a security threat. Doctors of course say "Used appropriately, Ambien is a relatively safe medication." And of course, McCain's staff will know when he takes it, I hope?

Anyway, why is it that we legalize shit like Ambien, and we're still debating medical marijuana? Because it will cut into big pharma's profits I assume.

Smoking Deadheads

That's the problem in this country. People are never satisfied with stuff the way it is. You gotta make it bigger and better and stronger and faster. Same way with pot. For years pot was just joints, and then bongs came out and bongs were ok too, but then bongs weren't good enough for some people. "Neeehhhhhh!" Remember that friend in high school wanted to make bongs out of everything. Making bongs out of apples and oranges and shit? Come in one day and find your friend going, "Hey! Look man, I made a bong outta my head! Put the pot in this ear and take it outta this one! Good! Take a hit! *snort*" Then they got one of those big giant bongs that you gotta start up like a motorcycle. "Put the pot in!" *motor starting* Kids are driving their bongs down FDR Drive. "Pull the bong over man, I wanna do a hit. Pull it over!"

What was the problem with just smoking a joint, eating a couple of Twinkies, and going to sleep? Was that a problem? They say marijuana leads to other drugs. No it doesn't, it leads to fucking carpentry. That's the problem, folks. People getting high going, "Wow man, this box would make an excellent bong! *snort* This guy's head would make an excellent bong! *snort*" Relax! That's why I stopped doing drugs in the first place. Not because I didn't like 'em, but because I didn't want to build anything, ok?
--Denis Leary

Well, that was so funny when Denis Leary joked about it years ago, but when you read it in the headlines, it's not so funny: 3 accused of using corpse head to smoke pot.

The Kingwood teenager's story of decapitating a corpse and using the head to smoke marijuana was so outlandish that at first Houston Police Department senior police officer Jim Adkins did not believe it.

One of the teenagers made the confession while being questioned during a vehicle burglary investigation. What a brilliant kid, huh? Distracting the police with stories of corpse abuse! I bet the authorities forgot all about the vehicle investigation. Well, no actually, they've all been charged in that crime too.

The last paragraph of the news article also reveals that all three teens were home-schooled. Maybe if they had attended a real high school somebody would have taught them where to buy a safe and effective ceramic skull bong?

Seriously, I have to say I'm a bit skeptical about this story. Even if the boys obtained a human skull, I'm not sure how they would turn it into a bong... maybe with some kind of lining and lots of rubber cement. But this doesn't even take into account the decomposition of a child's body buried in a wooden coffin for 80 years.

Finally, I'm kind of wondering... let's say I actually wanted my skull to be used as a bong when I'm dead... should I write that on my organ donor card?

4/20 Dude

Ok, I'm a day late. I guess I just didn't get around to finishing this post...

Rep. Barney Frank has introduced a bill, co-sponsored by Rep. Ron Paul, to decriminalize the possession of up to 100 grams of marijuana and the not-for-profit transfer of up to 1 ounce. The bill, dubbed the Personal Use of Marijuana by Responsible Adults Act of 2008, marks the first time in decades that Congress has considered removing criminal penalties for marijuana.

Last month Frank issued a statement about marijuana legislation:

To those who say that the government should not be encouraging the smoking of marijuana, my response is that I completely agree. But it is a great mistake to divide all human activity into two categories: those that are criminally prohibited, and those that are encouraged. In a free society, there must be a very considerable zone of activity in which people are allowed to make their own choices as long as they are not impinging on the rights, freedom, or property of others. I believe it is important with regard to tobacco, marijuana, and alcohol, among other things, that we strictly regulate the age at which people may use these things and enforcement of the age restrictions should be firm. But criminalizing choices that adults make because we think they are unwise ones, when the choices involved have no negative effect on the rights of others, is not appropriate in a free society.

Are politicians finally catching up with the public opinion on this issue? I think it's rather silly to put marijuana users in jail considering the fact that many leading politicians including Al Gore, Newt Gingrich, George Pataki, and Barack Obama have admitted using the drug. If any of those politicians think people should go to jail for smoking pot, well, then they should turn themselves in first.

You can use this handy online form to contact your member of Congress and ask him or her to support the personal use of marijuana.