Know the Facts - Change the Law

Know the Facts - Change the Law
Life - Liberty - Pursuit of Happiness

Friday, October 30, 2009

Judge orders Fresno pot shops to stay closed - Crime & Court News -


Some more proof that the memo about medical marijuana is just a head game. Some cities in California are on the move to close marijuana dispensaries.
This is an example of the sort of silly time wasting that Delaware will join if Senate Bill 94 manages to pass.

Judge orders Fresno pot shops to stay closed

Published online on Wednesday, Oct. 28, 2009

Nine medical marijuana dispensaries in Fresno were ordered to remain closed Wednesday until a January trial on the city's contention that they violate its zoning rules.


Simple Justice: Passing the Smell Test



As far as I know, the supposed "smell" of marijuana by itself is not considered probable cause in Delaware. There have to be more tangible facts. I come by this admittedly and decidedly unlawyerly opinion by way of the hundreds of cannabis cases I've watched and read through.
It is important to note that courts have already begun to deconstruct cop procedures on this. For instance, courts have been consistently saying that it is unreasonable search for a cop to have you open your window further and stick their head inside for a better sniff. I've heard good lawyers argue successfully that a smell alone is not probable cause or even concrete evidence since it is impossible to bring a smell into court for examination, unlike a radar gun reading (though that has started to crumble, too.).
The smart thing, of course, is not to carry weed around in your car, particularly enough to create a "pungent odor". Don't have anything in plain sight that would help a cop establish probable cause; no roaches, pipes, clips, papers, baggies, joints, and etc.
Passing the Smell Test
So judge, tell me when you last smelled a bunch of fresh, raw marijuana on the street?  What?  Never?  You mean you never smelled the "pungent odor" that you keep finding credible?  Not even once, and yet you put your judicial seal of approval on the same words uttered by a cop to justify his warrantless search time after time?  Not even once.

From the
Fourth Amendment Blog, a district court in Kansas approved a curious search in United States v. Hairston:

Defendant also contends that the officer's statement that he smelled raw marijuana is not credible given that no raw marijuana was ultimately found in the vehicle. But the Court finds Trooper Walker's testimony credible on this point. "An officer's detection of the smell of drugs in a vehicle is entitled to substantial weight in the probable cause analysis." Trooper Walker testified that he had been through two training classes and the Kansas Highway Patrol training academy, where he learned to detect the smell of raw marijuana. He also estimated that he smelled raw marijuana four to five times per month during traffic stops, in the course of his duties as a trooper. The fact that Trooper Walker did not ultimately find marijuana, and instead found cocaine, does not dissipate his credibility for purposes of the probable cause analysis.
The rationale isn't entirely crazy.  After all, if the car held a substantial quantity of raw marijuana, which was since removed from the car, the smell could linger, right?  So you get the smell, giving rise to probable cause, but no pot. It could happen.

How to Send Mail - Marc Emery's MySpace Blog |


Marc has been a wonderful supporter of the Delaware Cannabis Society, along with many other grassroots activists. It is no stretch of truth to say that Marc did a world more to help reduce the arrest rate and change ganja laws in Delaware than NORML, MOO and DPF combined. Marc sent us hundreds of dollars, magazines and various novelty items to sell and give away over the years, and was a major contributor who paid for many of our High Times and Cannabis Culture advertisements. Not Drug Policy Foundation, not Marijuana Policy Project and especially not NORML has ever provided ANY direct help with actual, rational ganja law reform in Delaware, and I would venture to say the rest of the United States.

Please take a few moments to at least write a letter to the true Prince of Pot and thank him for helping to get Delaware's ganja arrest rate down from over 8,000 people a year to only a few more than 200.

Thanks Marc!

Please write to Hempman at the Delaware Cannabis Society if you are interested in helping us with a fundraiser to give back to Marc with much needed help in his resistance to extradition to the United States. Our event could well be the one that helps free Marc Emery!

How to Send Mail to Marc Emery - Marc Emery's MySpace Blog

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Thursday, October 29, 2009

More evidence that medical marijuana laws won't help


Police news

October 29, 2009

Kent County

POT BUST AT SCHOOL: A 17-year-old Dover High School student was arrested Monday after a teacher spotted a bag of what appeared to be marijuana sticking out of his pants. The boy, who lives in the first block of Stevenson Drive, was charged with possession of marijuana with intent to deliver and possession of drug paraphernalia. His name is being withheld by The News Journal because of his age. Dover police said the student was taking off a sweat shirt in class when the teacher spied the bag tucked in the waist of his pants. A school resource officer retrieved the bag, which contained a small amount of marijuana packaged for sale, police said. The student was released to his mother after being charged and faces a hearing in Family Court.

This bit of police news shows just who is being arrested in Delaware for ganja. It shows that patients are simply not being arrested.

It also shows how not to carry your ganja. If you have to take some ganja to school with you, keep it in your pocket! If you don’t have a pocket, make one. Back in HS, I used to use a sock as a stash bag. I hung it right off my belt. Since it is the same as searching me, just having a stash bag hanging from my belt would not be a reason to search – like a sack of weed sticking out of my pants.

tags: BUST,SCHOOL,Dover,High,student,teacher,pants,Stevenson,Drive,possession,drug,paraphernalia,News,Journal,shirt,resource,officer,sale,Court,Delaware,Back,marijuana,ganja


Monday, October 19, 2009

"New" med-pot regulations? Nope.


----- Original Message -----
From: "Preston Peet"
Sent: Monday, October 19, 2009 12:24 PM
Subject: [DrugWar] new med-pot regulations

>I suppose you've all heard this news by now, but still....
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These new guidelines do not represent new regulations in any remote way. All this is is a statement, a weak guideline that maybe prosecuting patients should be taken advisedly. Period.

It does not order a stop to arrests, it does not make ganja legal, in fact, it is about worth as much as the paper it was originally printed on.

The feds' statement includes these great lines:

"The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. One timely example underscores the importance of our efforts to prosecute significant marijuana traffickers: marijuana distribution in the United States remains the single largest source of revenue for the Mexican cartels."

Sounds like the are only hedging a little, playing head games - note the standard modern scare lines that ganja supports Mexican terrorists.

"On the other hand, prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department."

"This guidance regarding resource allocation does not "legalize" marijuana or provide a legal defense to a violation of federal law, nor is it intended to create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, party or witness in any administrative, civil, or criminal matter. Nor does clear and unambiguous compliance with state law or the absence of one or all of the above factors create a legal defense to a violation of the Controlled Substances Act. Rather, this memorandum is intended solely as a guide to the exercise of investigative and prosecutorial discretion."


"...nothing herein precludes investigation or prosecution where there is a reasonable basis to believe that compliance with state law is being invoked as a pretext for the production or distribution of marijuana for purposes not authorized by state law. Nor does this guidance preclude investigation or prosecution, even when there is clear and unambiguous compliance with existing state law, in particular circumstances where investigation or prosecution otherwise serves important federal interests."


So, all of those dispensaries that the DA has declared to be illegal in LA will remain federal targets. All of those people who make noise the feds do not like will still be targeted. Anything that they want to use can and will be used against you in a court of law.

Sorry, Preston, and all the Obamabots and NORML lovers, this is not even a change in policy. This does nothing to change the law or how people will be prosecuted.

This is subterfuge at best; something to hide behind and pretend things are getting better. Let me know when the federal prosecutions actually stop.

At worse, this is a conspiracy to encourage more states to undermine their own medical necessity defenses that protect all patients, limit what patients are protected by passing limited "medical" marijuana laws, further criminalize religious and recreational consumers, and step up more prosecutions of recreational and religious consumers as they have already started doing in the states that have passed "medical" marijuana laws. At worst, this is a stalking horse to new criminal prosecutions of recreational and religious ganja consumers.

Don't take this mere press statement at face value, unless Jester is your name. For, surely only a clown believes this is actually benevolent. The federal government has a history of ignoring these statements. It could go away on any cop's or agent's whim.

Now is the time to step up demands for re-legalization, not fall into the "medical" marijuana traps being laid for us.

The inclusion of language in Delaware's SB 94 to look into setting up a dispensary system is already moot, since the federal Supreme Court has already said such dispensaries are illegal.

I have not heard one cogent reason for supporting Senate Bill 94. I am a chronic pain sufferer due to severe spine damage. I was one of the original handful of complainants in the Philadelphia Federal Class Action for Cannabis Therapeutics suing the federal government to rescind cannabis prohibition. I have been active in lowering Delaware's ganja related arrest rate to three thousandths of what it was in 1968.

Do not throw the progress we've made into the trash heap with SB 94. Do NOT support Senate Bill 94. Instead, demand that the defacto legalization we are already enjoying in Delaware is made into law.

Saturday, October 17, 2009

Police: Pa. man busted with weed stuck to forehead


This amusing incident did not happen in Delaware. But, it sure demonstrates that cops know about common hiding places ... like stuck to your forehead.
If you have to travel with your sack of weed, just keep it in your pocket.

Police: Pa. man busted with weed stuck to forehead

LEBANON, Pa. – Police in central Pennsylvania say they've nabbed a real pothead. They said an officer spotted 29-year-old Cesar Lopez inside a convenience store with a bag of marijuana stuck to his forehead.

Los Angeles County D.A. prepares to crack down on pot outlets --


First, kudos to our readers and reporters who gave us this story as it broke on the 9th, more than a week before NORML discovered the story (backtracks show they've been visiting our blog. Maybe they took the story from us? Again.).
As readers of our blog know, I have already been reporting on and predicting more law enforcement in states that passed ill-conceived medical marijuana legislation. The ONLY rational action Delaware can take is to demand re-legalization. Medical Marijuana law in the form of SB 94 is not only not needed, but WILL be counter-productive fraud that will not only protect fewer patients than current Delaware law, and will encourage more arrests of religious and recreational ganja consumers.
In this version of the report, note that the DA claims that NONE OF THE DISPENSARIES ARE OPERATING LEGALLY and also announces that he will be prosecuting doctors.
I have not heard one cogent reason for supporting Senate Bill 94. I am a chronic pain sufferer due to severe spine damage. I was one of the original handful of complainants in the Philadelphia Federal Class Action for Cannabis Therapeutics suing the federal government to rescind cannabis prohibition.
I want ganja to be available to patents like myself to treat our disease, but NOT at the cost of stalling more rational legislation nor at the cost of arresting more recreational and religious consumers. I refuse to be fooled into bad thinking that SB 94 could be a stepping stone. It has NOT worked that way in one single state, what makes anyone think it could happen in DEAlaware?
Do NOT support Senate Bill 94. Instead, demand that the defacto legalization we are already enjoying in Delaware is made into law.

Please take a few moments to send emails to your representatives and senators demanding the re-legalization of marijuana.

The links to send free emails to your state congress critter along with suggested text are at

Send emails to your State Senator and Representative FREE!

Thursday, October 15, 2009

Grow from seed? Indeed!


The following article is just good advice for collecting viable seeds for the gardener in all of us! This standard advice for seed gathering for the purposes of reproduction is invaluable for preserving and replicating those wonderful tastes, smells and other sensory delights in your favorite crops.

From the News Journal.

Grow from seed? Indeed!

Expand and enrich your garden by harvesting seeds from native flora

A change of seasons is in the air. I'm sure you can feel it.

The best time to collect dry seeds is usually as they begin to turn brown. With wet seeds, fruits should be collected when they reach their peak color or begin to soften.
Regardless of whether the seeds are wet or dry, they need to be collected before wind or wildlife disperse them.
When cleaning the seeds, it is very important to remove all plant parts other than the seeds; this reduces the potential for rot or diseases attacking the seeds.
For dry seeds this is straightforward; just remove them from other dried material.
Before you do too much seed cleaning work, take a few seeds and do a simple "cut test" to determine if the seeds you've collected are viable. Cut a few seeds in half and make some observations.
Are the seeds completely full or are there voids indicating incomplete development? Is the "meat" (endosperm) of the seeds firm and generally white, or is it mushy and off-color, indicating disease or insect damage?
After researching methods for germinating seeds from the plants you've collected, you need to prepare the seeds for germination. Seeds need to meet certain requirements for successful germination.
Some seeds only need moisture to germinate. They simply soak up water (imbibing) to begin the germination process.

After all these requirements are met, sow the seeds in a container of sterile soil. Generally, the seeds should be covered with soil to the depth of two to four times the diameter of the seed.
Place the container in a warm place and keep the soil moist until seed germination starts, usually in one to four weeks.


Saturday, October 10, 2009

Every Pot Dispensary in County Illegal, D.A. Declares


The headline below is just another highlight of the failure of so-called "medical" marijuana laws. This is exactly the route Delaware would be following if Senate Bill 94 gains any momentum.
SB 94 is a fraud. SB 94 destroys existing case law in Delaware that allows a medical necessity affirmative defense to be raised by any patient and replaces that with a tiny list of seven illnesses. The Senate Health and Social Services committee demonstrated this is SUPPOSED to be limiting as they actually acted to remove glaucoma from the list of "approved" diseases. Worst yet, the legislature has clearly signaled that they want more recreational and religious consumers arrested by including THREE NEW crimes in SB 94.
The inclusion of language in SB 94 to look into setting up a dispensary system is already moot, since the federal Supreme Court has already said such dispensaries are illegal.
I have not heard one cogent reason for supporting Senate Bill 94. I am a chronic pain sufferer due to severe spine damage. I was one of the original handful of complainants in the Philadelphia Federal Class Action for Cannabis Therapeutics suing the federal government to rescind cannabis prohibition.
Do NOT support Senate Bill 94. Instead, demand that the defacto legalization we are already enjoying in Delaware is made into law.

Please take a few moments to send emails to your representatives and senators demanding the re-legalization of marijuana.

The links to send free emails to your state congress critter along with suggested text are at

Send emails to your State Senator and Representative FREE!

Every Pot Dispensary in County Illegal, D.A. Declares
Voters in California legalized the medical use and sale of marijuana to patients with doctors' prescriptions, but Cooley and new City Attorney Carmen Trutanich said Thursday that a state Supreme Court opinion issued last year makes pretty much all dispensaries in the state illegal because they sell the drug over-the-counter instead of via highly regulated pharmacies.

Friday, October 9, 2009

If ganja were legal ...


There is no excuse for the burglaries and other nonsense this pair seems to have been involved in.
Nonetheless, that they had a plant and two ounces of ganja are as pertinent as if they had beers in the 'fridge.  Well, it would be if Delaware passed a comprehensive ganja reform bill instead of the two steps backward so-called "medical" marijuana Senate Bill 94.

Please take a few moments to send emails to your representatives and senators demanding the re-legalization of marijuana.

The links to send free emails to your state congress critter along with suggested text are at

Send emails to your State Senator and Representative FREE!



Former marines face burglary, drug charges

a marijuana plant and nearly two ounces of the drug. "They were taking jewelry and pawning it,'' county police spokesman Officer John Weglarz Sr. said.

News from California highlights tenuous nature of "medical" marijuana law


One advantage that Delaware has in holding back on passing marijuana legislation is that we are getting to see what works and what does not work.

An area that clearly does not work is so-called "medical" marijuana legislation. The following story from the LA Times shows that the cops and politicians are still trying to find ways to dillute and do as much damage as possible to thier law.

We need to avoid the meandering of foolish compromises and demand that we simply get back our unfettered right to grow a simple plant and do with our own bodies what we want.

Poorly conceived "medical" marijuana law is NOT the way to get back our rights. The problems California continues to experience, including skyrocketing arrest rates of religious and recreational ganjaists, and the on again off again liberty at the whims of the latest political wannabe cop for the last THIRTEEN YEARS in California show that medical marijuana laws are not the way to regain everyone's rights, but to stall and even arrest more "others" based on bad law.

The time is RIPE here in Delaware at least to demand that the defacto legalization we have been enjoying be made the law. Just SAY NOT to BAD "medical" marijuana law - just SAY NO to BAD Senate Bill 94, which WILL create more anti-recreational consumer laws. I know that I am not the only one who sees that SB 94 is bad law, just as I was not the only one who knew that Obama would never stop the arrests.

Please take a few moments to send emails to your representatives and senators demanding the re-legalization of marijuana.

The links to send free emails to your state congress critter along with suggested text are at

Send emails to your State Senator and Representative FREE!





Cooley Says the Vast Majority of Medical Marijuana Dispensaries in L.A.  County Are Operating Illegally.

Los Angeles County Dist.  Atty.  Steve Cooley said Thursday he will prosecute medical marijuana dispensaries for over-the-counter sales, targeting a practice that has become commonplace under an initiative approved by California voters more than a decade ago.

"The vast, vast, vast majority, about 100%, of dispensaries in Los Angeles County and the city are operating illegally, they are dealing marijuana illegally, according to our theory," he said.  "The time is right to deal with this problem."

Cooley and Los Angeles City Atty.  Carmen Trutanich recently concluded that state law bars sales of medical marijuana, an opinion that could spark a renewed effort by law enforcement across the state to rein in the use of marijuana.  It comes as polls show a majority of state voters back legalization of marijuana, and supporters are working to place the issue on the ballot next year.

The district attorney's office is investigating about a dozen dispensaries, following police raids, and is considering filing felony charges against one that straddles the Los Angeles-Culver City line.

"We have our strategy and we think we are on good legal ground," Cooley said.

Medical marijuana advocates say the prosecutors are misinterpreting the law.

"I'm confident that they are not right," said Joe Elford, chief counsel for Americans for Safe Access.  "If they are right, it would mean that thousands of seriously ill Californians for whom the Compassionate Use Act was intended to help would not be able to get the medicine that they need."

Law enforcement officials have been frustrated by the explosion in the number of dispensaries in Southern California, arguing that most are for-profit enterprises that violate the 1996 voter initiative legalizing medical marijuana and the 2003 state law permitting collective cultivation.  Cooley's announcement, coming at a news conference that followed a training session he and Trutanich conducted for narcotics officers, dramatically raises the stakes.

In the city of Los Angeles, some estimates put the number of dispensaries as high as 800.  The city allowed 186 to remain open under its 2007 moratorium, but hundreds of others opened in violation of the ban while the city did nothing to shut them down.

In August, Cooley and Sheriff Lee Baca sent a letter to all mayors and police chiefs in the county, saying that they believed over-the-counter sales were illegal and encouraging cities to adopt permanent bans on dispensaries.

Mark Kleiman, a professor of public policy at UCLA and an expert on drug policy, was not surprised that local prosecutors had decided to attack the rapid proliferation of marijuana stores.

"I think it's a natural response to the rather flagrant marketing practices of a bunch of the dispensaries.  The medical veneer has been wearing thinner and thinner," he said.  "I've always wondered why those things were legal when they didn't look legal to me."

Cooley said he believes that under state law, collectives must raise their own marijuana and can only recoup their costs.  "That's absolutely legal," he said.  "We're going to respect that."

But he said none of them currently do that.

The district attorney's warning could make the situation more chaotic in Los Angeles, where the City Council has struggled for two years to devise an ordinance to control the distribution of medical marijuana.

In addition to prosecuting dispensaries, Cooley said he would consider going after doctors who write medical marijuana recommendations for healthy people.  Medical marijuana critics argue that some doctors freely recommend the drug to people who are not ill.

Medical marijuana advocates celebrated a brief thaw in the enforcement climate after the Obama administration signaled earlier this year that it would not prosecute collectives that followed state law.  That spurred many entrepreneurs to open dispensaries in Los Angeles.  As stores popped up near schools and parks, neighborhood activists reacted with outrage and police took notice.

Councilman Dennis Zine, a key player on the issue at L.A.  City Hall, welcomed Cooley's decision to prosecute dispensaries.  "There are many that are operating illegally and it's not a secret," he said, adding that he believes "a few" collectives in the city are operating legally.

Anticipating that police departments will ramp up raids on dispensaries, medical marijuana advocates reacted with dismay to Cooley's announcement.

"What we'll see is a big disruption," said Don Duncan, the California director for Americans for Safe Access.  He called Cooley's decision "incredible" and said, "It certainly sounds scary."

Duncan acknowledged that many dispensaries do not follow the law and urged Cooley and Trutanich to focus exclusively on them.  "You don't have to cast a net over the entire community, you can target the problem people and not take this extreme adversarial position," he said.  "Some good people are going to be caught in the crossfire."

About 100 medical marijuana patients, activists and dispensary owners protested on a sidewalk outside the Montebello Country Club, where about 150 prosecutors and narcotics officers met.  Motorists repeatedly honked and shook their fists in support as they rolled by, triggering cheers from the crowd.

Barry Kramer, the operator of California Patients Alliance, a collective on Melrose Avenue, said many dispensaries have responsibly regulated themselves for years in the vacuum left by the City Council's inaction.

"I feel like that gets lost," he said.  "It's frustrating to get painted with one brush by the city."

Kramer said he believed that dispensaries would continue to operate.  "People have found ways around marijuana laws for as long as there have been marijuana laws," he said.

But he also said that stepped-up prosecutions could resuscitate the criminal market: "Things will go underground.  We'll see a lot more crime."

When Californians voted for Proposition 215 in 1996, they made it legal for patients with a doctor's recommendation and their caregivers to possess and raise pot for the patient's medical use.

In 2003, the Legislature allowed patients and caregivers "collectively or cooperatively to cultivate marijuana for medical purposes" but said they could not do it for profit.

Cooley and Trutanich, after reviewing a state Supreme Court decision from last year, have concluded that the law protects collectives from prosecution only in the cultivation of marijuana, not for sales or distribution.

Medical marijuana advocates, however, note that the state currently requires dispensaries to collect sales taxes on marijuana, and that guidelines drawn up by the attorney general conclude that "a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful."

The guidelines allow collectives to take costs into account but do not deal directly with over-the-counter sales.

Jacob Appelsmith, special assistant attorney general, said Atty.  Gen.  Jerry Brown talked to Cooley on Thursday.  "Our staffs are continuing to meet about these issues," he said.,0,2995343,full.story

Tuesday, October 6, 2009

Send emails to your State Senator and Representative FREE!


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We found one of MPP's own tools that we can use to move against SB 94. The link provided below goes to email that MPP is sending to California's legislators. The text in it is pretty generic legalization text, so we are providing one model below that fits our needs. Copy the below text (or write your own), then click on the link. It will automatically find your representative and senator when you fill in your address.

As you know, after reading Senate Bill 94 ( and examining what has happened to recreational cannabis consumers and home growers in states that have passed similar so-called medical marijuana laws, the Delaware Cannabis Society has decided to oppose Senate Bill 94.

Senate Bill 94 will gut presently available affirmative defenses for medical use that protects all patients in favor of protecting ONLY SEVEN ILLNESSES:  cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, or the treatment of these conditions.

Multiple Sclerosis, spine damage and hundreds of other conditions that positively benefit from marijuana therapy are intentionally not included. Glaucoma used to be on the list of treatable diseases, but in a foreshadowing of the mean-spirited nature of this bill in LIMITING and not expanding protection for patients, the Senate removed Glaucoma - This proves that this bill is more about MPP just getting their name on ANY legislation no matter that it damages the situation we already have. This proves that the intent is to LIMIT WHO GETS PROTECTED BY THE LAW.

What you may not know is that the "patient" who brought this bill to Senator Henry was paid $60,000 by Marijuana Policy Project to do this.

This proves that SB 94 is more about protecting the big money that will be involved in creating a government sponsored dispensary system that NONE OF US will be able to access, even though we may have legitimate medical needs. SB 94 will guarantee that several new consumer crimes will be created, clearly signaling to law enforcement that the sponsors of SB 94 intend for them to step up the persecution of recreational ganja consumers.

In the text entry box that comes up, highlight as much of the existing text as you want to replace and delete it. Paste in the text from below, or write your own, similar text for complete re-legalization and against SB 94. You should also probably change the subject to something you write. That will help keep our emails from being filtered out.

We were doing phone tree work yesterday and earlier today, and several dozen people have already used this option to contact their legislators. Please let us know if you've used this resource, and if you get an email or letter back.

No support for Senate Bill 94

While I am delighted that Delaware has taken a more enlightened view of marijuana use through Senate Bill 94, patients just are not being arrested in Delaware.  Senate Bill 94 will actually limit protection to a very tiny class of patients who are already NOT BEING ARRESTED!

The latest statistics demonstrate that Delaware has, for practical reasons including prison overcrowding and an overtaxed criminal justice system, been experimenting with defacto, across the board legalization of marijuana for almost a decade. Only a few hundred marijuana consumers have been arrested each year for some time (usually in connection with some other infraction) and almost no one goes to jail for marijuana alone.

In fact, fewer people were arrested for marijuana last year on all than ever before since marijuana was made illegal. No one became addicted to marijuana, no one was killed by marijuana, traffic accidents did not skyrocket, no one went insane from using marijuana; none of the dire consequences predicted by marijuana detractors happened. No one has been hurt by the defacto legalization we now enjoy.

What also did not happen is that peoples' lives were not devastated by being arrested. Marijuana arrests have not been a burden on already overtaxed criminal justice and prison resources. Students have not been denied access to better education through denial of student loans. Mothers and fathers have not been torn away from their children.

That is very important to note, as the FBI estimates that some 250,000 Delawareans used marijuana at some point in the last year.

What I am asking is that you do not support Senate Bill 94, which in addition to limiting patient protection will actually create several more, costly to enforce marijuana crimes that would be perceived by law enforcement as a green light to increase marijuana related arrests for everyone but the tiny group of seven illnesses listed in SB 94. This is what has happened in every state that has passed similar laws.

The truly compassionate move would NOT be SB 94, but re-legalization that protects ALL marijuana consumers.

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