Idaho Marijuana Laws ( Conservative as HELL)

Possession
Under the influence or use in public	misdemeanor	6 months	$1,000
3 oz or less	misdemeanor	1 year	$1,000
More than 3 oz	felony	5 years	$10,000
Sale or Cultivation
Less than 1 lb (24 plants)	felony	5 years	$15,000
1 to 5 lbs (25 - 49 plants)	felony	1 year MMS*	$5,000 - $50,000
5 to 25 lbs (50 - 99 plants)	felony	3 years MMS*	$10,000 - $50,000
More than 25 lbs (100 or more plants)	felony	5 years MMS*	$15,000 - $50,000
Sale to minor 3 years younger than seller	felony	double penalty	double penalty
Sale where minors present	felony	5 years	$5,000
*Mandatory minimum sentence
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Present where knowledge of drug activity occurs	misdemeanor	90 days	$300
Paraphernalia possession	misdemeanor	1 year	$1,000
Paraphernalia sale or manufacture	felony	9 years	$30,000
Any second offense can double penalty.

Details

It is a crime to be under the influence of marijuana in a public place or to use marijuana in a public place, punishable by up to six months in jail and a fine of up to $1,000. The penalty for possession of three ounces or less of marijuana is up to one year in jail and a fine of up to $1,000. Possession of greater than three ounces is a felony and punishable by up to 5 years in prison and a fine of up to $10,000. The penalty for cultivation, sale or distribution of less than one pound (or less than 25 plants) is a prison term of up to five years and a fine of up to $15,000. Cultivation, sale or distribution of amounts greater than one pound are all subject to mandatory minimum sentences. The maximum possible punishment for any cultivation, sale or delivery is 15 years in prison and a fine of up to $50,000. For amounts of one pound or more (or more than 24 plants) the punishment is a mandatory minimum sentence of one year in prison and a fine of not less than $5,000. Cultivation, sale or distribution of five pounds or more (or more than 49 plants) is punishable by a mandatory minimum prison term of three years and a fine of not less than $10,000. For amounts of 25 pounds or more (or more than 99 plants) the punishment is a mandatory minimum sentence of five years in prison and a fine of not less than $15,000. Any sale to a minor, at least three years younger than the seller, doubles the possible prison sentence. Any sale on premises where minors are present is punishable by up to five years in prison and a fine of up to $5,000. It is also a crime to be present in a place where the person knows that there is illegal drug activity taking place and is punishable by up to 90 days in jail and a fine of up to $300. Possession of paraphernalia is punishable by up to one year in jail and a fine of up to $1,000. Sale or manufacture of paraphernalia is punishable by up to nine years in prison and a fine of up to $30,000. Any second conviction for a drug offense can double the possible penalties. Idaho also has a tax stamp law enacted on marijuana Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .

California Marijuana Law Breakdown

		Incarceration	Fine
Possession
28.5 g or less	misdemeanor	none	$100
More than 28.5 g	misdemeanor	6 months	$500
28.5 g or less on school grounds while school open (over 18 yers old)	misdemeanor	10 days	$500
More than 28.5 g on school grounds while school open (over 18 yers old)	misdemeanor	6 months	$500
Cultivation
Any amount (exception for patients or caregivers)	felony	16 - 36 months	none
Sale
Gift of less than 28.5 g	misdemeanor	none	$100
Any amount	felony	2 - 4 years	none
28.5 g or less by a minor	misdemeanor	none	$250
Any amount to a minor over 14 years old	felony	3 - 5 years	none
Any amount to a minor under 14 years old (includes offering, inducing, distributing, or employing)	felony	3 - 7 years	none
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Any conviction of minor under 21 causes driver's license suspension for 1 year.

Details

Possession of 28.5 grams or less of marijuana is not an arrestable offense. As long as the offender can provide sufficient identification and promises to appear in court, the officer will not arrest the offender. Upon conviction of the misdemeanor charge the offender is subject to a fine of $100. Possession of greater than 28.5 grams is punishable by up to six months in jail and a fine of up to $500. Possession of 28.5 grams or less of marijuana on school grounds when the school is open is punishable by up to 10 days in jail and a $500 fine. Possession of greater than 28.5 grams or more of marijuana in a school zone is punishable by up to six months in jail and a fine of up to $500. The cultivation or processing of any amount of marijuana is punishable by up to sixteen months in state prison. There is an exception to the cultivation prohibition for patients or patients’ caregivers who possess or cultivate for personal use by the patient upon approval of a physician. The laws regarding possession and cultivation of marijuana do not apply to patients or patients’ primary caregivers who possess or cultivate marijuana for the personal medical use of the patient, upon the recommendation or approval of a physician. Selling marijuana in any amount is punishable by 2 – 4 years in the state prison. Giving away less than 28.5 grams is a misdemeanor and is punishable by a fine of up to $100. Sale of marijuana to a minor is punishable by 3 – 5 years in prison. For anyone under the age of 21 convicted of any of the above offenses, the state may suspend the offender’s driver’s license for up to one year. Possession of paraphernalia is a civil fine of $200-$300 for the first offense and goes up to $5,000-$6,000 for a fifth or subsequent violation within a five-year periood.

Medical Marijuana Breakdown

Medical Marijuana

SUMMARY: Fifty-six percent of voters approved Proposition 215 on November 5, 1996. The law took effect the following day. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a "written or oral recommendation" from their physician that he or she "would benefit from medical marijuana." Patients diagnosed with any debilitating illness where the medical use of marijuana has been "deemed appropriate and has been recommended by a physician" are afforded legal protection under this act. Conditions typically covered by the law include but are not limited to: arthritis; cachexia; cancer; chronic pain; HIV or AIDS; epilepsy; migraine; and multiple sclerosis. No set limits regarding the amount of marijuana patients may possess and/or cultivate were provided by this act, though the California Legislature adopted guidelines in 2003.

AMENDMENTS: Yes. Senate Bill 420, which was signed into law in October 2003 and took effect on January 1, 2004, imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess. Under the guidelines, qualified patients and/or their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when such quantities are recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.

Senate Bill 420 also mandates the California Department of State Health Services to establish a voluntary medicinal marijuana patient registry, and issue identification cards to qualified patients. To date, however, no such registry has been established.

Senate Bill 420 also grants implied legal protection to the state's medicinal marijuana dispensaries, stating, "Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients ... who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions."

MEDICAL MARIJUANA STATUTES: California Compassionate Use Act 1996, (Act; Health & Saf. Code, § 11362.5, added by voter initiative, Prop. 215, Gen. Elec. (Nov. 5, 1996)).

Ohio marjuana Laws.. source Norml.org

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving:Ohio has a per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances.

Under Ohio's law, motorists with detectable levels of THC in the blood above 2 ng/ml or detectable levels of THC-COOH in the urine above 15 ng/ml are guilty of DUID. (Ohio Revised Code Annotated Section 4511.19, Amended by Senate Bill 8)

Penalty:

• If violated, a mandatory jail term of three consecutive days (seventy-two consecutive hours.) The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, iProxy-Connection: keep-alive
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  no case shall the cumulative jail term imposed for the offense exceed six months.
• The court may suspend the execution of the three-day jail term under this division if the court, in lieu of that suspended term, places the offender under a community control sanction and requires the offender to attend, for three consecutive days, a drivers' intervention program.
• License may be suspended from a definite period of six months to three years.

Ohio's law took effect in August 2006.

Every state has DUID (driving under the influence of drugs) legislation on the books. These laws fall into three distinct categories: Effect-Based DUID Laws, Per Se DUID Laws, "Zero Tolerance" Per Se Laws. For more information see NORML's report on Drugged Driving(DUID).

Possession
Less than 100 g	minor misdemeanor***	none	$100
100 g to 200 g	misdemeanor of 4th degree	not more than thirty days and/or fine	$250
200 g to 1000 g	5th degree felony	6 months - 1 year and/or fine	$2,500
1000 g to 5000 g	3rd degree felony	1 - 5 years and/or fine	$10,000
5000 g to 20,000 g	3rd degree felony	1 - 5 years** and/or fine	$10,000
20,000 g or more	2nd degree felony	2-8* years and/or fine	$15,000
*Mandatory minimum sentence. **Presumption of prison. ***A minor misdemeanor does not create a criminal record in Ohio
Cultivation
Less than 100 g	minor misdemeanor***	none	$100
100 g to 200 g	4th degree misdemeanor	not more than 30 days and/or fine, if near school or juvenile- 3rd degree misdemeanor and/or fine	$250-$500
200 g to 1000 g	5th degree felony	6 months-1 year and/or fine, if near school or juvenile-4th degree felony 6-18 months and/or fine	$2500- $5000
1000 g to 5000 g	3rd degree felony	1-5 years and/or fine, if near school or juvenile -2nd degree felony 2-8 years and/or fine	$10,000- $15,000
5000 g to 20,000 g	3rd degree felony	1-5 years and/or fine, if near school or juvenile -2nd degree felony 2-8 years and/or fine**	$10,000- $15,000
20,000 g or more	2nd degree felony	2-8 years MMS* and/or fine	$15,000
Any possession less than 5,000 may be probation only. *Mandatory minimum sentence. **Presumption of prison ***A minor misdemeanor does not create a criminal record in Ohio
Sale/Distribution
gift of 20 g or less	minor misdemeanor***	none	$100
less than 200 g	felony	6 - 18 months	variable
200 g to 600 g	felony	1 - 5 years	variable
600 g or more	felony	6 months MMS*	variable
To minors within 1,000 feet of school, within 100 feet of a juvenile, and previous felony drug convictions	felony	increased penalty	increased penalty
*Mandatory minimum sentence. ***A minor misdemeanor does not create a criminal record in Ohio
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession	misdemeanor	30 days	$750
Paraphernalia sale	misdemeanor	90 days	$1,000
Any drug conviction causes driver's license suspension for 6 months to 5 years. Professional licenses are suspended.

Details

Possession of less than 100 grams of marijuana is a citable offense only, with a fine of $100. Possession of 100 grams or more is punishable by a fine of up to $250. For possession of 200 grams or more, the penalty increases to a possible sentence of 6 months - one year in jail. Possession of 1,000 grams or more is punishable by 1 - 5 years in prison. Any possession of less than 5,000 grams does not carry the presumption of prison, which leaves available the possibility of probation. Possession of 5,000 grams of marijuana or more is punishable by 1 - 5 years in prison. For any amount or 20,000 grams or more the penalty increases to a mandatory minimum sentence of eight years in prison. Delivery of 20 grams or less, for no remuneration, is considered possession and is punished with a fine of $100. Sale or distribution of less than 200 grams carries a penalty of 6 - 18 months in jail. Sale or distribution of 200 grams or more is punishable by 1 - 5 years in prison. Sale or distribution of 600 grams or greater carries a mandatory minimum sentence of six months and a possible 2 - 8 year sentence. Sale to minors, sale within 1,000 feet of a school, sale within 100 feet of a juvenile, and previous felony drug convictions all increase the penalty for the sale or distribution of marijuana. Possession of paraphernalia is punishable by up to 30 days in jail and sale of paraphernalia is punishable by up to 90 days in jail. For all drug convictions, the offender's driver's license is also suspended for a period of 6 months - 5 years. This does not apply to minor misdemeanor violations for marijuana possession. Professional licenses are also suspended.

California State Agencies Must Enforce Medical Marijuana Law

Under our federalist system of government, the states, rather than the federal government, are entrusted to exercise a general police power for the benefit of their citizens. Due to this constitutional division of authority between the federal government and the states, the State of California may elect to decriminalize conduct, such as medical marijuana activity, which remains illegal under federal law. Even if law enforcement officers take a personal position on any conflict between state and federal law, they are bound by California's Constitution to uphold state law. Under California's medical marijuana laws, patients and caregivers are exempt from prosecution by the State of California, notwithstanding contrary federal law.

In People v. Tilehkooh (2003), the court found that California courts "long ago recognized that state courts do not enforce the federal criminal statutes." The same court also stated "the federal criminal law is cognizable as such only in the federal courts." InPeople v. Kelly (1869), it was determined that "State tribunals have no power to punish crimes against the laws of the United States as such. The same act may, in some instances, be an offense against the laws of both, and it is only an offense against the State laws that it can be punished by the State, in any event."

More recently, in 2006, California Attorney General Bill Lockyer provided clarification on the role and responsibility of the state in upholding medical marijuana law. In a case where ASA is assisting a patient in seeking the return of his unlawfully seized medicine (Case #A108328), a Superior Court ruled against the patient, claiming that, "[medical marijuana cultivation is] still illegal under federal law." On appeal, Lockyer dismissed the entire federal law argument by stating that, "the continuing prohibition of marijuana possession under federal law" does not come into play. Instead, Lockyer "acknowledges that - both generally and in the specific context of interpreting the Compassionate Use Act - it is not the province of state courts to enforce federal laws."

Federal Marijuana Law

The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. § 811), which does not recognize the difference between medical and recreational use of marijuana. These laws are generally applied only against persons who possess, cultivate, or distribute large quantities of marijuana.

Under federal law, marijuana is treated like every other controlled substance, such as cocaine and heroin. The federal government places every controlled substance in a schedule, in principle according to its relative potential for abuse and medicinal value. Under the CSA, marijuana is classified as a Schedule I drug, which means that the federal government views marijuana as highly addictive and having no medical value. Doctors may not "prescribe" marijuana for medical use under federal law, though they can "recommend" its use under the First Amendment.

The Drug Enforcement Administration (DEA), charged with enforcing federal drug laws, has taken a substantial interest in medical marijuana patients and caregivers in general, and large cultivation and distribution operations more specifically. Over the past few years, dozens of people have been targets of federal enforcement actions. Many of them have either been arrested or had property seized. More than a hundred are currently in prison or are facing charges or ongoing criminal or civil investigations for their cultivation or distribution of medical marijuana.

The DEA, like local enforcement agencies, can choose how to make the best use of its time. Ideally, the DEA will leave medical marijuana patients and their caregivers alone. But federal law does not yet recognize medical marijuana, and the DEA is currently allowed to use the Controlled Substances Act to arrest people for its use. In many pending and past cases, the DEA and U.S. Attorney's office have used exaggerated plant numbers and inflammatory rhetoric, as well as informants who trade jail time for testimony, to justify enforcing federal laws against medical marijuana patients and caregivers in California and other states.

Federal marijuana laws are very serious, and punishment for people found guilty is frequently very steep. Federal law still considers marijuana a dangerous illegal drug with no acceptable medicinal value. In several federal cases, judges have ruled that medical marijuana cannot be used as a defense, though defense attorneys should attempt to raise the issue whenever possible during trial. Federal law applies throughout California and the United States, not just on federal property. The key to federal property is that they are more likely than non-federal property to have federal officials monitoring it who will bust medical marijuana patients. Most likely, even if a patient is arrested and charged with a minor possession offense, he will be referred to the state authorities where he can assert a medical marijuana defense.

There are two types of federal sentencing laws: sentencing guidelines, enacted by the United States Sentencing Commission, and mandatory sentencing laws, enacted by Congress. The Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. The current mandatory minimum sentences were enacted in a 1986 drug bill.

Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. Not all marijuana convictions require jail time under federal sentencing guidelines, but all are eligible for imprisonment. If convicted and sentenced to jail, a minimum of 85% of that sentence must be served. The higher the marijuana amount, the more likely one is to be sentenced to jail time, as opposed to probation or alternative sentencing. Low-level offenses, even with multiple prior convictions, may end up with probation for the entire sentence of one to twelve months, and no jail time required. Possession of over 1 kg of marijuana with no prior convictions carries a sentence of six to twelve months with a possibility of probation and alternative sentencing. Over 2.5 kg with no criminal record carries a sentence of at least six months in jail; with multiple prior convictions, a sentence might be up to two years to three years in jail with no chance for probation.

In United States v. Booker (2005), a Supreme Court decision from January 2005, the court ruled that the federal sentencing guidelines (as outlined above) are advisory and no longer mandatory. However, many federal judges continue to give great deference to the guidelines.

In addition to the sentencing guidelines, there are statutory mandatory minimum sentences, which remain in effect after United States v. Booker and primarily target offenses involving large amounts of marijuana. There is a five-year mandatory minimum for cultivation of 100 plants or possession of 100kgs, and there is a ten-year mandatory minimum for these offenses if the defendant has a prior felony drug conviction. Cultivation or possession of 1000kg or 1000 plants triggers a ten-year mandatory minimum, with a twenty-year mandatory sentence if the defendant has one prior felony drug conviction, and a life sentence with two prior felony drug convictions. To avoid a five-year mandatory minimum, it is advisable to stay well below 100 plants, including any rooted cuttings or clones.

Potential Essay Structure

1. Introduction Paragraph

2. National Marijuana Laws

3. California Marijuana Laws

4. Advantages of the California Marijuana Laws

5. Disadvantages of the California Marijuana Laws

6. Ohio Marijuana Laws

7. Advantages of the Ohio Marijuana Laws

8. Disadvantages of the Ohio Marijuana Laws

9. Where i personally stand on the contridicting marijuana laws

10. Conclusion

Layout and Paragraphs Subject to change

Introduction

The national law for the possession and use of the controlled substance cannabis stativa, or marijuana is illegal and anyone caught with it will be prosecuted. More than a dozen states have now decriminalized possession or personal use of cannabis, while it is still illegal under the federal Controlled Substance Act of 1970. The several state laws and acts such as the Compassionate Use Act of 1996 allowing restricted use are now contradicting a nationals laws that have been put in place. The state to state fluctuation of marijuana laws is really causing a bind in...

About Marijuana taken from Norml.org

Marijuana is the third most popular recreational drug in America (behind only alcohol and tobacco), and has been used by nearly 100 million Americans. According to government surveys, some 25 million Americans have smoked marijuana in the past year, and more than 14 million do so regularly despite harsh laws against its use. Our public policies should reflect this reality, not deny it.

Marijuana is far less dangerous than alcohol or tobacco. Around 50,000 people die each year from alcohol poisoning. Similarly, more than 400,000 deaths each year are attributed to tobacco smoking. By comparison, marijuana is nontoxic and cannot cause death by overdose. According to the prestigious European medical journal, The Lancet, "The smoking of cannabis, even long-term, is not harmful to health. ... It would be reasonable to judge cannabis as less of a threat ... than alcohol or tobacco."

Get the facts. See our Library

NORML supports the removal of all penalties for the private possession and responsible use of marijuana by adults, including cultivation for personal use, and casual nonprofit transfers of small amounts. This policy, known as decriminalization, removes the consumer -- the marijuana smoker -- from the criminal justice system.

More than 30 percent of the U.S. population lives under some form ofmarijuana decriminalization, and according to government and academic studies, these laws have not contributed to an increase in marijuana consumption nor negatively impacted adolescent attitudes toward drug use.

See Personal Use for more information.

Enforcing marijuana prohibition costs taxpayers an estimated $10 billion annually and results in the arrest of more than 847,000 individuals per year -- far more than the total number of arrestees for all violent crimes combined, including murder, rape, robbery and aggravated assault.

YEAR	MARIJUANA ARRESTS
2008	847,864
2007	872,721
2006	829,625
2005	786,545
2004	771,608
2003	755,187
2002	697,082
2001	723,627
2000	734,498
1999	704,812
1998	682,885
1997	695,200
1996	641,642
1995	588,963
1994	499,122
1993	380,689
1992	342,314
1991	287,850
1990	326,850

Of those charged with marijuana violations, approximately 89 percent,754,224 Americans were charged with possession only. The remaining93,640 individuals were charged with "sale/manufacture," a category that includes all cultivation offenses, even those where the marijuana was being grown for personal or medical use. In past years, roughly 30 percent of those arrested were age 19 or younger.

NORML supports the eventual development of a legally controlled market for marijuana, where consumers could buy marijuana for personal use from a safe legal source. This policy, generally known as legalization, exists on various levels in a handful of European countrieslike The Netherlands and Switzerland, both of which enjoy lower rates of adolescent marijuana use than the U.S. Such a system would reduce many of the problems presently associated with the prohibition of marijuana, including the crime, corruption and violence associated with a "black market."

For more information, see About NORML.

Medical Use
Marijuana, or cannabis, as it is more appropriately called, has been part of humanity's medicine chest for almost as long as history has been recorded.

Of all the negative consequences of marijuana prohibition, none is as tragic as the denial of medicinal cannabis to the tens of thousands of patients who could benefit from its therapeutic use.

Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications.[4] These include pain relief -- particularly of neuropathic pain (pain from nerve damage) -- nausea, spasticity, glaucoma, and movement disorders.[5] Marijuana is also a powerful appetite stimulant, specifically for patients suffering from HIV, the AIDS wasting syndrome, or dementia.[6] Emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors[7] and are neuroprotective.

Currently, more than 60 U.S. and international health organizationssupport granting patients immediate legal access to medicinal marijuana under a physician's supervision.

See our Medical Use section for more information.

Legal Issues
Driven by the Drug War, the U.S. prison population is six to ten times as high as most Western European nations. The United States is a close second only to Russia in its rate of incarceration per 100,000 people. In 2005, more than 786,000 people were arrested in this country for marijuana-related offenses alone.

Marijuana prohibition causes more problems than it solves, and ruins thousands more lives than it supposedly tries to save. The NORML Legal Committee provides legal support and assistance to victims of the current marijuana laws. NORML also monitors developments in state and federal law, and files appellate and amicus curiae ("friend of the court") briefs in cases which may affect the interpretation of existing marijuana laws, or which will, hopefully, change them.

See our Legal Issues section for more information.

Industrial Hemp
Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. It is a tall, slender, fibrous plant similar to flax or kenaf. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed and other products.

Hemp produces a much higher yield per acre than do common substitutes such as cotton and requires few pesticides. In addition, hemp has an average growing cycle of only 100 days and leaves the soil virtually weed-free for the next planting.

The hemp plant is currently harvested for commercial purposes in over 30 nations, including Canada, Japan and the European Union. Although it grows wild across much of America and presents no public health or safety threat, hemp is nevertheless routinely uprooted and destroyed by law enforcement. Each year, approximately 98% of all the marijuana eliminated by the DEA's "Domestic Cannabis Eradication/Suppression Program" is actually hemp.

Article taken from Norml.org

California state lawmakers arescheduled to hear testimony tomorrow in support of taxing and regulating the commercial production and distribution of marijuana for adults age 21 and older.

[Paul Armentano updates: Just a quick update for folks. There is extensive media coverage of today's hearing. Go toGoogle News and type in "Ammiano marijuana." There are well over 100 news items, ranging from the New York Times to UPI to Bloomberg to AP, etc. The hearings were also carried live onThe California Channel, but the video has not yet been archived. (Check back to the Cal Channel website tomorrow or Friday, but here's a five minute clip care of youtube.) NORML's testimony from today is available here and here. Following the hearing, many of us met with numerous key lawmakers (and their staff) on the Public Safety and Health Committees to discuss the issue further. (I had four meetings myself.)

As for "what's next?" First off, this was an INFORMATIONAL HEARING only. There will be NO Committee vote at this time. There will likely be a second informational hearing scheduled before the Assembly Committee on Health. After that, the Public Safety Committee is anticipated to hold a separate hearing specific to AB 390, the Marijuana Control, Regulation, and Education Act in January 2010. IF we have the votes at that time to pass the bill out of Committee, the Chair (who is the bill's sponsor) will call it for a vote sometime this spring. If we don't have the votes on the Committee, then the bill will languish in Committee. It's that simple.]

Members of the California Assembly Committee on Public Safety have called for the hearing, entitled “Examining the Fiscal and Legal Implication of the Legalization and Regulation of Marijuana.” The hearing will be chaired by Assemblyman Tom Ammiano (D-San Francisco), sponsor of Assembly Bill 390, the Marijuana Control, Regulation, and Education Act. It will take place at 10am in room 126 of the State Capitol.

A press conference will take place prior to the hearing at 9 am in Capitol Room 317.

California NORML Coordinator Dale Gieringer is scheduled to testify before the Committee at noon. [Editor's note: Read Dale's written testimony here.] NORML has also submitted prepared testimony to the Committee, which is available online here.

Several representatives from law enforcement, including the California Police Chiefs Association and the Office of the Attorney General’s Bureau of Narcotics Enforcement, are scheduled to testify in opposition to the bill.

“The criminal prohibition of marijuana provides law enforcement and state regulators with no legitimate market controls,” states NORML Deputy Director Paul Armentano in prepared testimony. “This absence of state and local government controls jeopardizes rather than promotes public safety. I urge this Committee to move forward with the enactment of sensible regulations for legalizing marijuana.”

Tomorrow’s hearing marks one of the first times since 1913 that the California legislature has debated ending criminal prohibition.

If you live in California you can contact your member of the Assembly in advance of tomorrow’s historic hearing here.

Marjuana Law Article found on Alice ONLINE

Push to Legalize Marijuana Gains Ground in California.Citation Only AvailableBy: JESSE McKINLEY. New York Times

States Pressed Into New Role On Marijuana.Citation Only AvailableBy: KIRK JOHNSON. New York Times

California: Arrests in Marijuana Ring.Citation Only AvailableBy: THE ASSOCIATED PRESS. New York Times

Good Sense on Medical Marijuana.Citation Only AvailableNew York Times

U.S. Won't Prosecute in States That Allow Medical Marijuana.Citation Only AvailableBy: STOUT, DAVID; MOORE, SOLOMON. New York Times

Marijuana use holds risks, such as drug addictionUSA Today

Medical pot sales boomingBy: William M. Welch. USA Today

Toking tourists not welcome.Full Text AvailableBy: Treble, Patricia. Maclean's

Mexico Legalizes Drug Possession.Citation Only AvailableBy: THE ASSOCIATED PRESS. New York Times

California Marijuana Law Books

-The Margolin Guide to California State and U.S. Federal marijuana laws by Bruce Margolin

-So Trust Me by Bill Pieper

-California Landlord Law Book: Rights and Responsibility by David Brown Attorney and Ralph Warner Attorney

-Nolo's Guide to California Law by Lisa Guerin J.D. Nolo Senior Legal Editor

- Why Marijuana Should be Legal by Ed Rosenthal

Marijuana Law Books (U.S.)

-Marijuana Law by Boire

-Marijuana Laws State by State: Does Your States Stand Up by John Hayes

-Destroy Your Life: U. S. Marijuana Law by Chris Kovach

-Otherwise Law-Abiding Citizens: A Scientific and Moral Assessment of Cannabis Use by Matt Stolick

-Legalizing Marijuana: Drug Policy Reform and Prohibition Politics by Rudolph J. Gerber

-U.S. Master Tax Guide by CCH Tax Law Editors

-Medical Marijuana Law by Richard Glen Boire

Overdosing

The article that I feel is problematic is Marijuana use holds risks, such as drug addiction from US today. This article had two the perspectives of people that believed marijuana is very bad for you and is not a safe alternative to even morphine. Both people were extremely against any sort of marijuana laws being passed. This really amazed me because one of the people perspectives was someone who believed that he was addicted to the drug, marijuana for more than 30 years. The other person that had a view on the subject was not as biased against the drug rather just arguing the fact that it was bad for you, but then contradicting herself saying that, “in a half century of forensic pathology practice, and having performed 17,000 autopsies, I have never attributed a death directly to a marijuana overdose.

I disagreed with this article because of the way some of the information was presented. I feel some information was presented in a completely opinion based format and then other information was presented a medical facts that weren’t supported.

California Laws

LOS ANGELES -- With little notice and even less controversy, marijuana is now available as a medical treatment in California to almost anyone who tells a willing physician he would feel better if he smoked.

Pot is now retailed over the counter in hundreds of storefronts across Los Angeles and is credited with reviving a section of downtown Oakland, where an entrepreneur sells out classes offering "quality training for the cannabis industry." The tabloid LA Journal of Education for Medical Marijuana is fat with ads for Magic Purple, Strawberry Cough and other offerings in more than 400 "dispensaries" operating in the city