Pubdate: Tue, 20 Nov 2012
Source: Commercial Appeal (Memphis, TN)
Copyright: 2012 The Commercial Appeal
Contact: http://web.commercialappeal.com/newgo/forms/letters.htm
Website: http://www.commercialappeal.com/
Details: http://www.mapinc.org/media/95
Author: Bartholomew Sullivan

COHEN ASKS TO HONOR POT LAW

Cites Respect for Changes on Possession

WASHINGTON  U.S. Rep. Steve Cohen has asked the Justice Department to 
respect Colorado and Washington state referendums making marijuana 
possession legal, saying it would be "a mistake for the federal 
government to focus enforcement action on individuals whose actions 
are in compliance with state law."

Voters in Colorado and Washington passed laws Nov. 6 that make 
possession of less than an ounce of marijuana legal for individuals 
21 years old or older, going beyond laws in other states where 
cannabis is legal for medical purposes. Colorado also permits 
cultivation of up to six plants and calls for an excise tax for 
marijuana sales with revenue devoted to school construction.

Possession of marijuana remains a federal crime.

The Memphis Democrat's letter to Atty. Gen. Eric H. Holder Jr. and 
Michele M. Leonhart, the administrator of the federal Drug 
Enforcement Administration, says he is concerned with the DEA's 
continued threats to individuals and businesses acting within the 
scope of state laws allowing the medicinal use of marijuana "despite 
formal guidance on exercising prosecutorial discretion."

Cohen maintains that such prosecutions are "a poor use of limited 
federal resources."

Colorado and Washington state voters "chose to eliminate the illegal 
marijuana market controlled by cartels and criminals and recognized 
the disproportionate impact marijuana prohibition has on minorities," 
Cohen wrote, adding that the "tide of public opinion is changing."

Cohen was the keynote speaker at the Marijuana Policy Project's 15th 
annual meeting in Washinton in 2010, where he appeared with 
well-known dope-smoking advocates Cheech Martin and Tommy Chong.

Colorado voters passed the initiative with 54.8 percent of voters in 
favor and 45.1 percent against after failing to approve a similar 
measure six years ago. Washington state's referendum passed 55.4 
percent in favor to 44.5 percent against.

In Tennessee, simple possession of less than an ounce of marijuana is 
punishable by 11 months and 29 days in jail and up to a $250 fine for 
a first offense. In practice, many convicted of the offense receive 
terms of probation, but probation violations often result in jail 
time, according to Nashville attorney Andrew Love, who said a 
majority of his defense practice involves drug crimes.

"Most people realize it would be very difficult to get a legalization 
measure passed in Tennessee," Love said. But he said some marijuana 
law reform advocates are looking at grassroots-level efforts known as 
"Lowest Law Enforcement Priority" initiatives, aimed at municipal 
governments and their police departments.

"They're a citizen-initiated referendum to send a message to the city 
and to the police department that the people want this to be the 
lowest law enforcement priority," Love said. He said he felt 
Nashville and Memphis could probably collect the needed petition 
signatures to put such measures on local ballots.

In Shelby County, 3,974 have been charged with misdemeanor marijuana 
violations from Jan. 1 through Monday, according to records reviewed 
by Jack Applegate in the Criminal Court clerk's office.

In Tennessee, the number of people serving time for simple possession 
of marijuana was not immediately available. The state's Department of 
Correction, however, indicated that, as of June 30 this year, 6,181 
people were serving time in state penitentiaries for a variety of 
drug offenses, including sales. Their average sentence was 9.7 years.

One indication Tennessee's elected representatives are not likely 
soon to follow Colorado and Washington on the issue might be a law 
passed this year that requires drug testing of welfare recipients.

"Tennessee has one of the strictest laws on small amounts of 
marijuana as anybody in the country," said Nashville lawyer Joseph 
Fuson, who also handles clients with drug charges. "Until the federal 
government takes marijuana off its Controlled Substances list, then I 
think you'll see very few of these Southern states making any initiative.

"The South is slow to change," Fuson added. "We will be on the last 
front if it does eventually sweep the country."
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MAP posted-by: Jay Bergstrom