Articles Tagged with “texas marijuana law”

In April of 2010, Mr. Cornell had his home raided by police where 1/16th of an ounce of marijuana had been found – not enough to roll a joint. None of the potential jurors called for the case where willing to consider convicting someone for possessing a very small amount of marijuana.[1]

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November 16th 2010, Touray Cornell from Montana, breathed a sigh of relief and smiled as Judge “Dusty” Deschamps convened his court to report that out of all the potential jurors who had been called, not one would be willing to convict Mr. Cornell. Dumbfounded by the jurors’ decision, the District Attorney quickly spoke to Mr. Cornell’s defense counsel and an immediate plea deal was made. Mr. Cornell walked out free without admitting guilt and without probation.

Mr. Cornell witnessed the power of Jury Nullification, a show of citizen’s power through the legal system have a long and storied history in America. it is the power of Jury nullification and Mr. Cornell saw a version of that power first hand.

In Europe, cacao has become a substance of choice for raves instead of using illicit drugs.[1] The chocolate is generally consumed in either an infused drink with agave and cinnamon, swallowed through a pill, or snorted through the nose.divine-chocolate-300x195

The most popular place for partying with cacao is at Lucid, a monthly gathering in Berlin, “where music, dance, community and natural high vibes roam wild and free.”[2]  The Chocolate Line, a Belgian company, popularized the inhaling of cacao powder when its founder, Dominique Persoone, introduced his chocolate shooter at a 2007 Rolling Stone party. [3] Persoone recommends that the powder be combined with mint or ginger to open and “tinkle” the nose, and that the powder must be cut to prevent caking and burning. Persoone has sold over 25,000 of his snorting devices.[4]

Demand isn’t for Hershey’s bars or cocoa baking powder, but for raw, virgin cacao which is pure and potent and not processed with milk and sugar. Even before the Europeans came to the New World, cacao was consumed and revered by the ancient civilizations. In the Aztec Empire, the seeds were used a form of currency.[5]

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The phrase “Mass Incarceration” has become synonymous with a failed criminal justice system, but millions of people were incarcerated years before we acknowledged mass criminalization.[1]  The data show that the prison population had bloated before policymakers and the public recognized it was out of control.

In the 1970s, the U.S. decided that prison was the answer to combating crime, however, studies show that the high incarceration rate didn’t reduce serious crimes. Between 1993 and 2001, the prison population increased by 66%, but serious crime only reduced by 2-5%. During the same period, the U.S. spent $53 billion to support imprisonment policies – a high price of using many tax dollars for a low reduction in crime.[2]

Although the U.S. was incarcerating at exorbitant rates, credit goes to author, Michelle Alexander, for publishing prison facts in her 2010 book The New Jim Crow: Mass Incarceration in the Age of Colorblindness. Shocking statistics included in The New Jim Crow increased its popularity as readers shared the discoveries on social media encouraging advocates to pressure policymakers for prison reform.

iStock_000010324123_ExtraSmall-206x300On August 25th, 2016, the DEA administer, Chuck Rosenberg, released a document announcing the agency would temporarily be placing Mitragyna speciose, commonly called Kratom, and its two primary chemicals, mitragynine and 7-hydroxymitragynine, on the Schedule I list of the 1970 Controlled Substance Act as of September 30th, 2016.[1] The DEA announced its decision after citing health and safety concerns relating to the opioid-like drug. The decision of the DEA comes two months after a report was released by the CDC citing an upswing in poison control calls with 660 reports relating to the plant between 2010 and 2015.

What is Kratom?

Mitragyna speciose otherwise known as Kratom is a deciduous and evergreen tree in the coffee family native to southeast Asia, Thailand, and Malaysia[2]. Kratom contains opioid like compounds mitragynine and 7-hydroxymitragynine which act upon opioid receptors much like morphine.

With the passing of SB 339 in 2015, otherwise known as the “Texas Compassionate Use Act,” Texas joined more than three quarters of the states in establishing a medical marijuana program. However, many are unaware that prior to 2015, derivatives of marijuana were legal in the state. example-2-300x159

When Marijuana isn’t Marijuana


Under Texas law, marijuana is defined in the Texas Health and Public Safety Code as:

iStock_000009135835_ExtraSmallOn May 16th, 2016, the Texas GOP signaled a profound change of stance with regard to marijuana laws in Texas. Thanks to the dedicated work of many activists within the Republican Party, the State GOP adopted two resolutions with profound implications for the future of marijuana law in the Lone Star State.

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The first resolution is the most straightforward, and the least controversial step in marijuana law reform. The plank was adopted with 71% of those in favor. The resolution reads as such:

End Prohibition - Legalize Marijuana
With 2017 fast approaching and prospective state representatives competing for votes, a Texas sized problem remains unaddressed in the Texas medical marijuana program. In 2015, The Texas legislature passed Senate Bill 339 authored by Sen. Kevin Eltife (R-Tyler) and Stephanie Klick (R-Fort Worth).[1]

SB 339, otherwise known as the Texas Compassionate Use Act, was a start on the road to marijuana reform for Texas. The bill was the first formal recognition from Texas that marijuana has medical use. The bill was inspired by Dr. Sanjay Gupta’s “weed” documentary series highlighting the efficacy of high CBD marijuana strains for treating epilepsy in children. With the combined efforts of medical activists and strong pressure from the Epilepsy Foundation, the bill passed in the waning days of the 2015 session and was signed by Governor Abbott.

Overview of The Compassionate Use Act

iStock_000020746027_ExtraSmall.jpgIn December of 2013, a 54-year-old Texas woman was traveling back from spending the Christmas holiday with a family friend in Ciudad Juarez, Mexico when she was stopped by federal agents at the Cordova Bridge border crossing in El Paso, Texas. As the unnamed woman was passing through the checkpoint, a police drug dog allegedly alerted on her, prompting U.S. Customs and Border Protection agents to select her for additional screening. The woman was quickly stripped searched and forced to undergo several body cavity searches at the crossing checkpoint, but the agents failed to turn up absolutely any evidence of drugs.

Regardless of this fact, the agents were determined to find some evidence of drugs and proceeded to transport the woman, handcuffed and against her will, to the University Medical Center of El Paso. At the hospital, doctors subjected the woman to an observed bowel movement, an expensive total body CT scan and numerous body cavity probes in a desperate attempt to find some trace of drugs. However, after enduring over six hours of demeaning and highly invasive searches, the agents were forced to admit the woman had committed no crime and released her with no charges. However, to add insult to injury, the woman soon received a $5,000 bill from the hospital for the exams she was wrongly forced to undergo.

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iStock_000011009457_ExtraSmall.jpgPresident Obama thinks marijuana is no more dangerous than alcohol and is less dangerous in terms of its impact on consumers. In a January 2014 interview with the New Yorker, the president compared marijuana to other vices such as alcohol and cigarettes, stating “As has been well documented, I smoked pot as a kid, and I view it as a bad habit and a vice, not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life. I don’t think it is more dangerous than alcohol.”

While the president doesn’t find the use of marijuana alarming, he is very bothered by the fact that minorities, especially minority youth, have a radically disproportionate rate of arrest and imprisonment. “Middle-class kids don’t get locked up for smoking pot, and poor kids do,” Obama said. “African-American kids and Latino kids are more likely to be poor and less likely to have the resources and the support to avoid unduly harsh penalties…we should not be locking up individual users for long stretches of jail time when some of the folks who are writing those laws have probably done the same thing.” A new study released this month supports the president’s concerns, finding that nearly half of all black males are arrested by the time they reach the age of 23.

What is even more surprising is that notoriously conservative Texas governor Rick Perry has also shown a recent liberalized attitude towards marijuana. Perry, speaking to the World Economic Forum in Switzerland, defended Colorado and Washington state’s vote to legalize the drug, saying it is a matter of states’ rights. Although Perry sidestepped questions of whether he supported the decriminalization of marijuana, he promoted Texas’ drug courts, which offer treatment instead of incarceration for non-violent offenders, as an example to other states and nations.

iStock_000001725183XSmall.jpgA recent report by the Partnership at Drug Free, formerly known as the Partnership for a Drug Free America, found a solid majority of those polled by the organization itself, 52 percent, favor marijuana decriminalization and a vast majority, 70 percent, favor medical marijuana. The Partnership interviewed 1,603 adults. The majority of these adults (1,200) are parents of children who are between 10 and 19 years old. The report found 72 percent of mothers and 67 percent of fathers support medical marijuana.

One may be surprised that an organization focused on combating teenage drug use is publicizing report results showing favorable parental views on marijuana law reform. A deeper look into the results of marijuana law reform reveals that marijuana reform could help combat teenage marijuana use and thus align with the goals of the Partnership. For example, since Colorado passed marijuana laws, marijuana usage among Colorado teenagers has gone down. Colorado, probably the most marijuana friendly state in the nation, has a teenage marijuana use rate that is below the national average. Despite the beliefs of marijuana reform opponents that claim pro-marijuana laws will increase adolescent marijuana use, a recent report revealed there is no visible link between states legalizing medical marijuana and children increasing marijuana consumption.

The Partnership has had a noticeable history of focusing especially on the dangers of marijuana, even though the harms caused by alcohol, tobacco, and pharmaceuticals far outweigh the harms of marijuana use. Past funding sources of the Partnership may explain the lack of particular focus on drugs more destructive than marijuana. According to Fairness and Accuracy in Reporting (FAIR), the Partnership has accepted funding from numerous tobacco, alcohol, and pharmaceutical companies. These companies include the Budweiser, Michelob, Busch Beer Company: Anheuser Busch, the Marlboro and Virginia Slims company: Philip Morris, the Camel, Salem, Winston cigarettes company: R.J. Reynolds, as well as firms associated with pharmaceuticals like Bristol Meyers-Squibb, Merck & Company, and Proctor & Gamble. The Partnership reportedly ceased accepting alcohol and tobacco funding, but continues to receive support from major pharmaceutical firms, despite the fact that pharmaceutical drugs cause the most overdose deaths compared to all other drugs.