Zero-Tolerance DUI Bill Would Criminalize Unimpaired Drivers

Vol 37 #1 - April 2013
Conference Marks
Zero-Tolerance DUI
100 Years of
Bill Would Criminalize
Unimpaired Drivers Cannabis Prohibition
Cal NORML Denounces Unfair
Drug Testing Practices
SACRAMENTO. For the second year in a row California
NORML is fighting a “zero tolerance” drug DUI bill in the state
legislature. The bill, AB 289 by Sen. Lou Correa (Anaheim),
would make it illegal to drive with any detectable trace of
marijuana or other illegal drugs in the blood, regardless of
actual impairment.
In testimony to the legislature, California NORML warns that
SB 289 would wrongly criminalize countless non-impaired
drivers as DUI. “The science is clear that driving impairment
can’t be determined by the presence of marijuana in the blood,”
says Cal NORML Director Dale Gieringer.
Contrary to popular misconception, drug tests for marijuana
differ from those for alcohol in that they don’t measure current intoxication. Unlike alcohol, THC blood levels have no
direct relation to the actual dosage consumed or the amount
that is active in the body. Instead, they reflect recency of use,
spiking to high levels immediately after smoking then declining quickly to lower levels within an hour or so, regardless
of dosage. THC can remain in the blood for 8-12 hours in
occasional users and six days or more in regular users, long
after any impairing effects have faded.
“ In effect, SB 289 is equivalent to calling drivers DUI if they’ve
had a glass of beer or wine in the past few hours, or left an
empty bottle in their trash,” says Gieringer.
(Left to right): Dennis Peron, Michelle Aldrich, Michael Aldrich, Debby
Goldsberry and Gordon Brownell with their “Pioneer Freedom Fighter”
awards presented at the Cannabis in California: Ending the 100-Year War
conference.
Photo by Amanda Holguin/CULTURE Magazine
SAN FRANCISCO. Over 300 people attended California
NORML’s conference marking the 100th anniversary of marijuana prohibition in California, held January 26 and 27 at Ft.
Mason Conference Center.
Coming on the heels of wins in Colorado and Washington, the
focus was on the next steps California must take to do the same.
The Coalition for Cannabis Policy Reform (CCPR), a coalition
dedicated to legalizing cannabis in California by 2016, had a
strong presence at the conference. California NORML is one
of numerous reform groups supporting CCPR.
The scientific facts and fallacies about drug testing are ex-
“Never in modern history has there been more support for
repealing cannabis prohibition,” declared NORML Deputy
Director Paul Armentano, pointing to polling results along with
the wins in CO and WA. He cautioned against overreaching
continued on p. 5
continued on p. 5
California NORML Reports
April 2013
CCPR Coalition Aims at 2016 CA Ballot
Lt. Governor Newsom Expresses Support
Marijuana advocates have
united in a statewide coalition to legalize marijuana in
California by 2016. Led by
the Coalition for Cannabis
Policy Reform (CCPR), the
coalition includes California
NORML plus LEAP, the
UFCW, SSDP, DPA, MPP, the
Emerald Growers Association,
and others.
Bill Panzer.
CCPR’s policy goals include legalizing adult use of marijuana,
allowing personal-use cultivation,
maintaining patients’ rights under
Prop 215, creating a state regulatory system to deal with commercial production and distribution,
minimizing the danger of federal
interference, and being politically
viable and consistent with public
opinion. CCPR also wants to
make sure that no existing marijuana penalties are worsened.
Boosted by the victories for
Lt. Gov. Gavin Newsom, Dale Sky Jones of CCPR
legalization measures in
Colorado and Washington,
organizers are confident that they can favorable in presidential election years.
Lieutenant Gov. Gavin Newsom, a pioput a winning legalization initiative on In addition, the extra two years provide
neering supporter of gay marriage, has
the California ballot by 2016. A recent needed time to adjust the initiative to
become the first state official to come
Field poll reported that Californians now expected forthcoming policy changes:
out for legalization. Newsom sees 2016
support legalization by 54%–43%, the the federal response to Colorado and
as the year for legal marijuana, but says
highest margin ever recorded.
Washington, medical marijuana regu- it’s incumbent on Sacramento to first get
Given the upward swing in support, lation legislation in Sacramento, and its house in order by reforming the state’s
some activists have suggested running the state Supreme Court’s upcoming medical marijuana industry. Newsom
an initiative as soon as 2014. However, Riverside decision. “Though we could says he came “really close” to endorsmost CCPR leaders strongly prefer a win in 2014, we can pass a stronger mea- ing Prop. 19 in 2010, but backed away
target date of 2016 since turnout is more sure in 2016,” says Cal NORML attorney because of language problems.
Appellate Court Rules in Favor of Tehama Ordinance
Feb 6, 2013. In a setback for patients’
rights, the California Third District
Court of Appeal rejected a lawsuit challenging Tehama County’s restrictive
cultivation ordinance.
The lawsuit, sponsored by Cal NORML
and Tehama activist Jason Browne, was
filed by attorneys Edie Lerman and
J. David Nick on behalf of a group of
patients whose right to legally cultivate
their own medicine was denied or impaired under the Tehama ordinance. The
ordinance severely limits cultivating on
small lots and bans it altogether within
1,000 feet of schools, churches, parks or
school bus stops.
In its decision, Browne et al vs Tehama,
the court unanimously rejected plaintiffs’
claim that the ordinance was unconstitutional on its face because it conflicted
with the Compassionate Use Act and
SB 420. Instead, the court ruled that the
CUA “did not create a broad right to use
marijuana without hindrance or inconvenience,” while implying that a total ban
would be unconstitutional.
Although the Tehama decision was a
setback for opponents of regulations,
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it doesn’t preclude future court challenges by patients who can prove actual
harm from local cultivation restrictions.
Because the Tehama case was a broad
constitutional challenge, it didn’t attempt to adjudicate the damage claims
of individual patients.
California NORML continues to hear
many complaints about new cultivation
ordinances around the state. Our legal
committee is exploring possible channels
for litigation. Patients who face serious
harm from local cultivation restrictions are encouraged to contact us at
[email protected].
California NORML Reports
April 2013
MMJ Proponents Lobby Sacramento for Patient-Friendly Regulation
SACRAMENTO. The legislature will be
re-considering legislation to establish a
state-wide medical marijuana regulation system this year. So far, a pair of
bills have been introduced: AB 473 by
Assemblyman Tom Ammiano (SF) and
SB 439 by State Senate President ProTem Darrell Steinberg (Sacramento).
Their provisions are unclear, as both
remain in preliminary stages of discussion.
Medical marijuana advocates, including California NORML, have been
calling for new legislation to clarify
and strengthen existing laws allowing
medical marijuana sales, distribution,
processing and cultivation so as to fulfill Prop 215’s mandate for a “safe and
affordable” distribution system for all
Hemp Bills Introduced
SACRAMENTO. Two bills to legalize
production of industrial hemp have been
introduced in the legislature: SB 566 by
Sen. Mark Leno (D-SF) and AB 1137
by Assemblyman Allan Mansoor (RHuntington/Newport/Laguna Beach).
Both bills would revise the definition of
marijuana to exclude industrial hemp
and authorize its production with the
provision that its potency not exceed
0.3% THC.
The Leno bill would take effect only if
hemp production is authorized by federal law. This is designed to address Gov.
Brown’s objection to Sen. Leno’s hemp
bill of last year, which he vetoed on the
grounds that it violated federal law.
The Mansoor bill is based on a 2006 bill
by Leno and Chuck Devore which was
passed by the legislature but vetoed by
Gov. Schwarzenegger. That bill would
have authorized cultivation of hemp
under supervision of the state Dept. of
Agriculture.
patients in medical need.
However, advocates worry that legislative bills could be hijacked and burdened down with unacceptable amendments by opponents in the legislature.
They have accordingly formed a coalition, Californians to Regulate Medical
Marijuana (CRMM), including ASA,
CCPR, the UFCW, the Emerald Growers
Association and California NORML, to
lobby for patient-friendly regulations.
Last year, CRMM sponsored a regulatory
proposal that was later adapted in a bill
by Tom Ammiano. The bill passed the
Assembly but stalled in the State Senate.
In the process, it was amended so as
to drop certain patient protections, in
particular a provision that would have
The legislature has approved hemp bills
on four occasions (2012, 2007, 2006 and
2002), but each bill was vetoed by the
governor.
Legalization Bills
Introduced to Congress
WASHINGTON, DC. Amidst growing public support for legalization,
Congressional supporters have introduced bills to legalize marijuana, medical and otherwise.
The States’ Medical Marijuana Protection
Act, H.R. 689 by Rep. Earl Blumenauer
(D-OR), would allow the legal use, manufacture, prescription, and distribution
of medical marijuana where authorized
by state law.
T he E nd i ng Fe d e r a l Mar iju ana
Prohibition Act, H.R. 499 by Rep. Jared
Polis (CO), would totally decriminalize
marijuana at the federal level and provide for licensed legal sales and production under the BATF.
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required local governments to hold an
election before banning dispensaries.
As a result, CRMM withdrew support
for the bill.
The legality of local dispensary bans is
expected to be addressed by the state
Supreme Court in the pending Riverside
case. Legislators are postponing decisions on legislative language until after
the court’s ruling is announced in May.
On May 4th-6th, CRMM is holding
a Medical Marijuana Summit and
Lobbying Day in Sacramento, in cooperation with Cal NORML. For details,
see www.canorml.org. Attendees will call
on their legislators to support patientfriendly reform.
In the California delegation, newly
elected Reps. Eric Swalwell (D-Fremont)
and Gerald Huffman (D-North Coast)
joined long-time reform supporters
Dana Rohrabacher (R-Huntington
Beach), Barbara Lee (D-Oakland) and
Mike Honda (D-Santa Clara) in cosponsoring HR 499 and 689.
Rep. Sam Farr (D-Monterey) is sponsoring a separate medical marijuana bill, the
Truth in Trials Act (H.R. 710), which
would allow federal defendants to cite
state medical marijuana laws in their
court defenses.
Polls have shown a dramatic increase in
public support for legalization. For the
first time in history, the Pew poll found
that Americans support legalization by
a 52–45% majority. The poll also found
that 72% think it is not worthwhile for
the federal government to intervene
against state marijuana laws.
Despite the shift in opinion, no legislation is expected from this Congress,
as the House Republican leadership
remains firmly prohibitionist.
California NORML Reports
April 2013
Drug testing is one of the more insidious outgrowths of marijuana prohibition. This booklet
arms cannabis consumers with the knowledge
they need to protect themselves from discrimination in the workplace and provides activists with
the information they need to effectively lobby
against these pernicious policies.
-Paul Armentano
Deputy Director of National NORML
and author, Marijuana is SAFER:
So Why are We Driving People to Drink?
Forewarned is forearmed. Dr. Gieringer has
crafted the most current, thorough, accessible
treatise on drug testing in the world. Read this to
protect and inform yourself. Finish it and you’ll
be able to explain the best arguments for why
drug testing is an invasive waste of resources and
insulting violation of civil rights. Don’t forget to
save a copy so we can all look back on just how
bad these days were after prohibition has been
repealed.
-Mitch Earleywine, Ph.D.
Author of Understanding Marijuana
(Oxford University Press), Professor of
Psychology, University at Albany,
State University of New York
The authoritative and indispensible guide to:
Cal NORML
• reliability of drug testing
GUIDE TO DRUG
TESTING
$10
• drug test detection times
• medical marijuana and drug tests
• drug tests and DUI
www.CaNORML.org
44 pages, from Regent Press
• dealing with drug testing on short notice
• what’s wrong with drug testing
-4-
California NORML Reports
April 2013
DUI Bill/Drug Testing - from p. 1
Conference report - cont. from p. 1
Guide to Drug Testing, available through
www.canorml.org. The guide discusses
the reliability and sensitivity of different
kinds of tests, their relevance to impairment and performance, how to deal with
abusive tests and their capricious and
discriminatory impact on consumers,
medical and otherwise.
beyond what voters want in legalization,
and not to exploit loopholes in laws that
bring backlash. “Are we going to regulate
cannabis like bananas, are are we going to
regulate it like plutonium?” he asked.
Accident studies have found that drivers
who test positive for marijuana often
show no signs of impairment, and in
some instances may even drive more
safely. Studies also agree that marijuana
by itself poses a lesser risk than alcohol
and many other legal prescription drugs
on the road. Regular users, such as
most medical marijuana patients, often
develop tolerance and may drive safely
despite having high levels of THC in
their blood.
Advocates of “zero tolerance” DUI laws,
led principally by law enforcement and
drug testing interests, have sought to stir
up public fears of increased marijuana
accidents on the road. Such fears are
belied by accident statistics, which show
that highway safety has improved steadily over the years even while access to
marijuana has expanded. In California,
which enjoys one of the best traffic safety
records in the nation, highway fatality
rates have posted record lows in recent
years. Likewise, DUI arrests have been
on the decline. Furthermore, studies
have found no evidence that strict per se
DUI drug testing laws have any impact
on highway safety.
Concerned Californians can contact
their legislators in opposition to SB
289 by visiting www.canorml.org. Last
year, a zero-tolerance drug DUI bill was
turned back in the Assembly in the face
of strong objections from NORML. The
bill’s sponsor, Assemblywoman Norma
Torres, agreed to rewrite it with unobjectionable language.
Stephen Guttwillig of the Drug Policy
Alliance introduced the team of Californiabased DPAers who are reaching out to
needed voter groups, with a preference
in wording for the microbrew model
that protects small players, and a “very
strong” preference for personal rights to
cultivation.
Rob Kampia of MPP said there is a growing consensus that 2016 is the time to act
in California. There are only two ways
to lose:: poor drafting (too radical) or
infighting that scares off donors. Mothers
want it sold like alcohol, he said, not tomatoes. He proposed a bill that allowed use
by those over 21, with home cultivation
OK, and the state government issuing
four kinds of licenses for businesses, as
was passed in Colorado.
For the years 2013-2017, MPP has budgeted $23 million for reform measures nationally, $14 million of that for California.
“It only takes 23 rich guys to write million-dollar checks and I happen to know
23 rich guys,” Kampia said. “We’re going
to see a major, major election in 2016 that
is going to make the last election look boring,” he predicted.
Richard Lee, the chief proponent and
funder for Prop. 19, said he might rewrite
like Colorado’s bill: if the state doesn’t
regulate, locals can. Personal cultivation wasn’t really an issue in the Prop.
19 campaign, he said, perhaps because
the 25 square feet allowed was minimal
compared to existing medical marijuana
gardens. “Where we screwed up” was
employment rights, he said, where the
campaign was hammered.
Alison Holcomb of the Washington I502 campaign talked about getting key
sponsorships and endorsements for their
legalization measure. She reported that
people have been showing up by the hundreds at public forums on implementing
the new laws. “The winning is going on,
it’s unfolding,” she enthused.
Mason Tvert of the Colorado campaign
said activists had been working towards
their win since 2005, with the founding
of his organization SAFER, followed by a
surprisingly successful legalization measure in Denver. A 2006 loss in Colorado
kept the issue in play and began the
building of an infrastructure of supporters across the state. They reached out to
the business community and activists for
input on the measure’s language, and also
relied on polling data.
Tvert described the “Talk It Up Colorado”
campaign, which encouraged people to
talk to their neighbors about the issue.
LEAP spoke to Rotary clubs, SSDP phonebanked to younger voters, and Just Say
Now did the same for older voters. 2016 is
the way to go, he said, and in the meantime
we need to be reaching out to the various
groups whose support we will need.
Attorney Tamar Todd of DPA, addressing the federal response to CO and WA,
brought along a Magic 8-Ball, which
kept saying, “Better Not Tell You Now.”
She pointed out that the feds have never
sought an injunction against a state’s
medical marijuana law, nor sought to
intervene or comment on suits that have.
The conversation will shift from whether
or not states can legalize to whether they
can regulate, Todd predicted. The lesson
for us is to implement CO and WA responsibly, because everyone will be looking to
those states.
Beau Kilmer of RAND Corp. said there are
many questions we should be asking, and
there is a fair amount we can learn from
experiences with alcohol and tobacco as
well as medical marijuana. He directed
people to his webpage, www.marijuanalegalization.info/.
continued on p. 6
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California NORML Reports
April 2013
Conference of the Century in San Francisco
(Left to right) Senator Mark Leno speaks on a panel with attorneys James Anthony (obscured), Omar Figueroa and Michael
Levinsohn, and Daisy Bram; Richard Lee with his Pioneer Freedom Fighter Award. Photos by Amanda Holguin/CULTURE
Conference report - cont. from p. 5
Philanthropist John Gilmore talked about
lessons from the failure of Prop. 5, the
2008 ballot initiative to end jail time for
drug offenders. He suggested dedicating a
portion of the tax revenue from legal pot
towards the prison guards’ pensions, as
well as other state employee pensions.
Attorney Joe Rogoway echoed the call
to dedicate taxes on legal marijuana to
pensions for teachers, infrastructure and
parks. “A lot of people don’t care about
marijuana per se. They care about their
roads, their schools, their parks, and their
retirement.”
Amanda Reiman of DPA enjoined the
crowd to “Start talking to people, everyone
you know...We need to erase this vague
idea, left over from reefer madness, that
marijuana legalization is a bad idea.”
Dale Jones, spokesperson for the Prop. 19
campaign who is spearheading the CCPR
effort, said, “You’ve convinced me that the
next initiative must be simple and it must
be specific.” Jones put out a call out for
regional liaisons with CCPR, people who
are already active in their communities.
Lauren Vazquez and Debby Goldsberry
will be coordinating CCPR’s outreach
efforts.
The conference began with presentations
on the history of cannabis prohibition in
California, which began when the Board
of Pharmacy sponsored a 1913 law against
“hasheesh”-using “hindoos.” Michael and
Michelle Aldrich, veterans of California’s
pioneering 1972 marijuana initiative,
and Gordon Brownell, Cal NORML’s
original director and chief lobbyist for
the Moscone decriminalization act, reminisced about the early days of marijuana
reform.
Cal NORML plans to host another conference in LA in September 2014, the 100year anniversary of the first marijuana
arrest in California, in Sonoratown (now
Olivera St.) in downtown Los Angeles.
Thanks to all the attendees, speakers,
moderators and volunteers for making
the 100-Year conference such a great
event. Much appreciation to our generous
sponsors: MedWest, Drug Policy Alliance,
Bhang Chocolates, Town and Country,
Tahoe Wellness, Wheels of Compassion,
Culture Magazine, Celebration Pipes, Dr.
Bronner’s Magic Soaps, Hemp-Tee-Ness,
West Coast Leaf, Fired Up Lawyer, James
Anthony, Omar Figueroa, The Arc View
Group, ReLeaf of Vallejo, Bitcoin MeetUp,
Oaksterdam University, Steep Hill Lab,
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HempAle and Chronic Ice.
Special thanks are due to Ruth Frase
who did the artwork for the poster and
T-shirt, Lauren Vazquez who helped
tremendously with the program, Jackie
Wilson who handled registrations, and
Denise Martellacci who hosted breakfast.
Also thanks to Chris Conrad and Mikki
Norris for bringing their exhibit of prisoners of the drug war; to Nicole Coffman
of NICE events for help with the Friday
night party, hosted by SPARC (huge shout
-out to SPARC!) To Richard Wolfe for
hosting the Saturday night Centiversary
party, to OC NORML for staffing it, to
Kim at MiniBistro.com for the delicious
food, and to Bill Panzer for his expert
auctioneering.
Cal NORML board members Debby
Goldsberry and Liana Held were helpful
with speaker bios and sponsor outreach.
Michael McKaskle and Sue Moloney of
KMUD handled visuals and audio recording. To all the volunteers: huge thanks!
The conference agenda, with link to
speaker bios, is online at: www.canorml.
org/conferenceagenda
Audio, video and photos of the conference can be found at: www.canorml.
org/100_year_conference_pictures
California NORML Reports
April 2013
Sacramento, Modesto NORML
Hold Chapter Meetings
CA Chapter Meetings
Cal NORML and East Bay Activists meet at 7:30 PM on the
Third Thursday of every month at the OU Student Union, 1915
Broadway in Oakland.
The first meeting of the new Sacramento NORML was held
on March 13, with about 50 supporters in attendance. Bob
“Adman” Bowerman did a fantastic job arranging the meeting and getting the word out, including promo spots on 92.1
HITS radio. Door prizes were donated from local merchants
and from Cal NORML.
LA NORML also meets on Third Thursdays, at 7 PM at the LA
NORML office, 8749 Holloway Dr., West Hollywood.
Attendees were thoughtful and engaged, and over half were
women. Concerns were expressed about DUI laws, cultivation
laws, the taxing of patients, and drug testing (both from an
employer and from an out-of-work employee).
Bakersfield NORML meets on 3rd Thursdays at Dagny’s Coffee,
1600 20th St, 6PM.
There was much interest in the coming initiative, and in
starting a public education committee to bring speakers to
Sacramento. Bowerman intends to “rebrand” cannabis in
the region, coupling his advertising experience with donor
support.
The group is planning a rally at the State Capitol on April 23,
the day of a hearing on the Correa DUI bill (see p. 1). Gather
on the West side of Capitol Building at 11AM.
SacNORML is part of the new Sacramento-Stockton-Modesto
NORML chapter. Monthly meetings will be held in each
area. For more information, call (916) 233-3415 or email
[email protected].
Orange County NORML meets 1st Fridays at Fuddruckers 23621
El Toro Rd. Lake Forest, 7PM; and 3rd Fridays at Girvani’s 922 W.
Williamson (on Euclid) in Fullerton (main meeting) 7 PM.
Sacramento NORML meets on second Thursdays, 7 PM at Perko’s
at 3rd and J Streets, downtown Sacto.
Modesto NORML meets third Thursdays, 7 PM at Starbucks
Hatch Road & Herndon Ceres.
High Sierra NORML meets the 1st Saturday of every month,
Terry Ashe Park in Paradise, 4 PM (winter time).
HSU NORML meets Fridays at 4:20 at the HSU Natural Resources
Building, Room 201.
For San Diego NORML meeting info, email legalize@
sandiegonorml.org
More on all chapters at www.canorml.org/contacts.html.
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