The Texas Department of Public Safety is being sued in federal court by a woman who had a full body cavity search on the side of a busy public road after troopers claimed to smell marijuana. [No marijuana found.]
Jennifer Stelly and her boyfriend Channing Castex were driving to Surfside Beach when they said they were pulled over for speeding in Brazoria County in March 2013 according to Houston 2.
Under the Controlled Substances Act of 1970, marijuana was classified as a Schedule I drug because it was considered to have no “accepted medical use in treatment in the United States” (Eddy, 2010). Since then, 23 states and the District of Columbia have legalized the use of medical marijuana; over a dozen more state legislatures have recently considered medical marijuana bills.
The relationship between marijuana and mental health has received a great deal of attention from both proponents and opponents of medical marijuana legalization. Proponents argue that marijuana can be an effective treatment for bipolarism, depression, and other mood disorders (Rosenthal et al., 1996; Grinspoon and Bakalar, 1997; Zimmerman, 1999). They also argue that medical marijuana patients are able to reduce their use of painkillers, tranquilizers, and psychiatric medicines because of their use of marijuana (Lucido, 2004). Opponents, on the other hand, argue that marijuana use increases the likelihood of depression, anxiety, psychosis, and schizophrenia (Zammit et al., 2002; Henquet et al., 2004; Goldberg, 2006; Shulman, 2008). They also argue that the negative effects of marijuana are long-lasting and that users are at risk of suffering from decreased psychological well-being later in life (Green and Ritter, 2000; McGee et al., 2000).
Gregg and Upshur County’s state representative hinted Monday at the possibility of working for the legalization of medical marijuana while speaking to a Longview tea party group, some of his most ardent backers.
David Simpson, R-Longview, breached the topic in front of about 150 people as he laid out his plan for the next legislative session, which is set to begin next week.
“I am going to be pretty bold. I have heard some people in this community come to me again and again and again, in respect to a natural plant that God made, marijuana,” Simpson said. “There are people right in here in the district who are suffering from seizures. … They have tried all the pharmaceuticals and their daughter … has 15 to 20 seizures a day. They went to Colorado, and they went through all the hoops and tested some of the cannabis oil and she went 15 to 20 days without having a seizure.”
Many advocates are pushing for the reform of marijuana in Texas this upcoming legislative session, including a group in Southeast Texas, NORML. Two bills, one to decriminalize marijuana and another to legalize medical marijuana are in the works, though each faces opposition from groups like the Texas Sheriff’s Association.
One Southeast Texan said the bills are potentially life-saving for him.
“It really works for some people, I’m not doing this for fun,” Jeremy Borque said.
The 38-year old said he’s used and relied on medical marijuana for more than 20 years to treat epileptic seizures.
“I’ve had to get my tongue put back together so many times it’s like hamburger meat. I’m glad I can talk to you all still. I bite through it everytime.,” Borque said. “But just a little bit of cannabis keeps me from doing that.”
Read more here: http://kfdm.com/shared/news/top-stories/stories/kfdm_vid_13500.shtml
A proposed medical marijuana bill is similar to working legislation in 23 other states and Washington D.C., according to Heather Fazio, Texas political director for the Marijuana Policy Project.
“It’s not a new idea, and it’s not some kind of new experiment. We are talking about natural, effective medicine,” she said.
Texas’ proposed bill would include cancer, glaucoma, HIV/AIDS, Crohn’s disease, ulcerative colitis, Alzheimer’s, PTSD, and conditions causing wasting, severe pain, severe nausea, seizures, or severe muscle spasms as qualifying conditions and provide the state the option to approve additional medical conditions.
The position of Texans—and their leaders—on marijuana has
softened as of late. Earlier this year, Governor Perry changed lanes from his “we can win the war on drugs” rhetoric to speak out about the need to “implement policies that start us toward a decriminalization and keeps people from going to prison and destroying their lives.” Polling from 2013, shortly after the legislative session ended, indicated that a substantial majority of Texans feel the same way. And now, if the legislature is interested in doing something about the changed public attitudes toward marijuana, they’ve got a vehicle to do so.
Representative Joe Moody has introduced a bill for the upcoming legislative session that would decriminalize the possession of less than an ounce of marijuana in Texas. Instead of a criminal charge, those cited would face a civil penalty and a $100 fine.
Federal law still outlaws marijuana, but numerous states have now decriminalized, medicalized, or legalized. In the 2014 midterm elections, Alaska, Oregon, and the District of Columbia all passed ballot initiatives that legalize marijuana, following the 2012 legalizations in Colorado and Washington.
What impact have these changes in marijuana law had across the country? Jeffrey Miron, director of economic studies at Cato, will join us to discuss his recently released working paper, “Marijuana Policy in Colorado,” which concludes that “changes in Colorado’s marijuana policy have had minimal impact on marijuana use and the outcomes sometimes associated with use.”
Read more here: http://www.cato.org/multimedia/events/why-congress-should-legalize-marijuana
State Rep. Joe Moody has introduced HB 507, a bill that would remove the threat of arrest, jail time, and a criminal record for possession of small amounts of marijuana and replace them with a civil fine of $100
AUSTIN — Texas State Representative Joe Moody (D–El Paso) has introduced a bill that would reduce state penalties for possession of small amounts of marijuana.
Representative Moody announced the details of the bill at a news conference hosted by Texans for Responsible Marijuana Policy. He was joined by retired Texas District Court Judge John Delaney and representatives from the coalition including ACLU of Texas, Republicans Against Marijuana Prohibition, and the Marijuana Policy Project.
“Our current marijuana policy in Texas just isn’t working,” Rep. Moody said. “We need a new approach that allows us to more effectively utilize our limited criminal justice resources. This legislation is a much-needed step in the right direction.”
The proposed law would remove the threat of arrest, jail time, and a criminal record for possession of up to one ounce of marijuana and replace them with a civil fine of $100. Under current Texas law, individuals found in possession of less than two ounces of marijuana can be arrested and given a criminal record, and they face up to six months in jail and a fine of up to $2,000.
“The War on Marijuana is a failure and has needlessly ensnared hundreds of thousands of people in the criminal justice system, at tremendous human and financial cost,” says Matthew Simpson, policy strategist for the ACLU of Texas. “It’s time to implement reforms that are fairer, more compassionate, and smarter at reducing drug dependency and improving our health and safety.”
According to the FBI, there were 72,150 arrests or citations for marijuana-related offenses in Texas in 2012, 97% of which were for simple possession. That same year, nearly 90% of all burglaries — including home invasions — and 88% of all motor vehicle thefts went unsolved.
“Giving a ticket for small amounts of marijuana makes sense,” Judge Delaney said. “The fine can be paid by mail, so police, prosecutors, and our courts will be able to use their limited resources for more important matters.”
More than 60% of Texas voters support limiting the punishment for possession of up to one ounce of marijuana to a fine of $100 with no possibility of jail time, according to September 2013 poll conducted by Public Policy Polling.
“There is broad support for reducing marijuana possession penalties, and it spans the political spectrum,” said Ann Lee, executive director of Republicans Against Marijuana Prohibition. “The prohibition of marijuana is diametrically opposed to the Republican principles of limited government, individual responsibility, and personal freedom. There is nothing conservative about it.”
Nineteen states and the District of Columbia have removed the threat of jail time for possession of small amounts of marijuana.
“Most Americans are fed up with laws that saddle people with criminal records just for possessing a substance that is less harmful than alcohol,” said Heather Fazio, Texas political director for the Marijuana Policy Project. “Texas simply cannot afford to continue arresting and jailing people for marijuana possession.”
Texans for Responsible Marijuana Policy is a broad coalition of organizations, activists, and community leaders dedicated to realizing effective, efficient, and evidence-based marijuana policies in Texas. For more information, visit http://www.TexasMarijuanaPolicy.org.