The Marijuana Resistance
Movement
Beyond Reform: From Ideas To Action.
Analysis By Richard Cowan
November 29, 1999 Marijuana prohibition is disintegrating.
See
The Disintegration of
Marijuana Prohibition. Analysis By Richard Cowan
However, that fact certainly does not mean that the prohibitionist establishment is
going to announce suddenly that they have been convinced of the error of their ways. On
the contrary, we have seen -- and will continue to see -- counterattacks at every level.
The Congress continues to block medical marijuana and forfeiture reform. Local law
enforcement continues to ignore state medical marijuana laws, and often even elemental due
process. In fact, the violation of the most basic human rights continues at an accelerated
pace in most of the country from the Congress to the counties.
Consequently, the time has come to recognize what everyone really already knows: we did
not get to where we are and will not get to where we must go by words and
advocacy alone. Actions do not always speak louder than words, but facts move things when
arguments go unheard. And many of the facts about marijuana prohibition have been created
by the actions of those who would not and could not wait on "reform." The
Communists used the phrase, "creating facts on the ground." That is what is
happening with the marijuana resistance movement.
When I was at NORML I was repeatedly asked if we "advocated marijuana use."
This question is also reflected in sloppy journalism and/or prohibitionist propaganda
referring to NORML and other anti-prohibitionist groups as "pro-drug." My
standard response was, "No, we do not advocate marijuana use. Quite enough people
seem to be using it without our urging." They laughed, but got my point.
There are also both legal and political restraints that keep an organization from
urging people to break the law. Personally, I have always been reticent about urging
people to do anything that might get them arrested. I would say that I was trying to get
people out of jail, not put them there. Also, there is the problem that an acceptable risk
for one person in one location may be entirely unacceptable for another person in another
place.
That is just common sense, but some people want a "one-size-fits-all"
program. "If we all got arrested at the same time
" That just isnt
possible. Sadly, most marijuana users will even bother to vote or otherwise take political
action. Alienation lays the foundation for tyranny. Moreover, it is a total misreading of
human nature and history to wait on the majority to do something. While it may be true
that there is nothing so powerful as an idea whose time has come, every idea has an
entrepreneur who takes it upon himself or herself to champion that idea long before its
time. That is what happened when Keith Stroup founded NORML almost 30 years ago.
That was bold and important, but something quite different was happening when Dennis
Peron opened his first club in San Francisco well before the passage of Prop 215. Dennis
was not just advocating, he was doing -- by breaking the law, federal, state, and local.
That is what Todd McCormick was doing when he began large-scale experimentation with
various strains of medical marijuana. While some have said that such a large scale
operation was asking for trouble, and it certainly got it, the fact remains that others
with very small operations have also been targeted, while others with large operations
have been protected.
See
Was The Decision To
Prosecute B. E. Smith Made At The White House?
The Key Question About The Selective Prosecution Of Medical Marijuana Activists.
Analysis -- By Richard Cowan
Such actions are not exclusively a DEAland phenomenon. Long ago in Holland, the move
toward the current marijuana policies was forced by people who did not wait on the
political process. They often got arrested. More recently, Marc Emory was doing the same
thing when he opened his Cannabis Café in Vancouver. That is what he and many others are
still doing by selling seeds. Others are doing the same by supporting marijuana growing,
which has now reached a level that cannot be stopped.
Just as Dennis paved the way for many others in DEAland, Emory and others made it
easier for Canadians -- and others -- to create facts on the ground or in
well-lighted rooms, as the case may be.
See
The Evolution of Freedom In
"Vansterdam" -- Special To Marijuananews
Let Freedom Grow
The phrase is Steve Kubbys. Marijuana prohibition has driven marijuana prices to
such high levels that many people cannot afford to buy it. This is an inconvenience for
the recreational user, but it is much worse than that for the medical users. It is also
wretched social policy that encourages the use of much more dangerous drugs, such as
alcohol and methamphetamine.
See
Criminologist
Defends Constables Call For Legal Marijuana:
"Alcohol and tobacco much more harmful than cannabis."
and
And Now, How The
Narcs Created Crack -- In Belize
However, the market responds. Growing marijuana can be so profitable that people are
willing to take the risks. But then something else happens, too. Although the
prohibitionist establishment classifies marijuana growing as "manufacturing," it
is not that at all. When people grow plants -- roses, orchids, corn or cannabis -- they
tend to fall in love with their plants. There is probably something in our psyches after
millennia of agriculture. With cannabis growing, there are also other factors. After all,
it is also a "secret lore" about an amazing and beautiful plant. One testimony
to this, is the popularity of pictures of the plants, especially the "buds."
The leaf has become a symbol into which different people read different things.
Consequently, both growing marijuana and the effort to suppress the plant what an
insane notion! are very politicized.
Growing marijuana is a vocation, an avocation, and a political action.
Although there are parallel controversies around growing poppies and the natural
psychedelics, they are relatively minor, involving far fewer people than cannabis. While
the validity of an argument is not a function of the number of people involved, the fact
is that marijuana growing involves many tens of thousands directly, and virtually everyone
else, indirectly.
Everyone else? Yes, because marijuana prohibition effects everyone else, whether they
know it or not, and marijuana growing is a major factor in the world of cannabis.
Most of the marijuana market is probably still filled by smuggled Mexican and other
weed. However, the domestic marijuana industry in DEAland, Canada, Germany, Switzerland,
and of course Holland, is an important part of the economy, and of the
political drive for legalization. This has an even greater political impact because people
are increasingly aware of the versatility of the plant. There are many different varieties
of the plant, with different smells and tastes, and different highs -- and therapeutic
properties. The knowledge of these facts has made marijuana growing a vital part of the
struggle for freedom.
As noted, the phrase "Let Freedom Grow" was Steve Kubbys. Kubby also
pushed the envelope, because he had to.
See
Prominent Medical
Specialist Says Steve Kubby Should Be Studied, Not Jailed;
His Case Has Major Medical Implications.
and
Three Years After
Prop 215 Passed, Orange County Law Enforcement Is Finally Accepting It.
How Time Flies When You Are Not In Pain!
Steve Kubby At Work.
Steves case is but one of many that illustrate the fact that we probably would not
know very much about the medical uses of marijuana if people had not broken the law and
used it "recreationally."
Steve and many others would be dead. Still others would be blind or in great pain. For
these people there was simply no choice.
It is absurd, but it is also very likely that without the recreational marijuana users,
notably Jack Herer, many decades would have passed before the facts about hemp reached
this country, ironically from bastions of prohibitionism, such as France and Communist
China.
See
Documentary About Jack
Herer -- "Emperor of Hemp" -- To Be Released on Video
In short, if people had not broken the marijuana laws, there would be no medical
marijuana and no hemp in DEAland. Can it seriously be argued that respecting a law with
such immoral consequences is a moral option?
A Good Response to Bad Faith
In the early 1970s, NORML filed a lawsuit to get marijuana rescheduled so as to make it
medically available. Over a decade later, when the DEAs own Administrative Law Judge
said that it should be rescheduled, the DEA simply junked his report.
In the early 1990s, when a large number of people with AIDS and other serious medical
problems had qualified for access to medical marijuana, the Public Health Service simply
closed the program.
When Prop 215 won in California by a greater margin than Clinton, his Administration
threatened doctors with arrest or loss of prescription privileges if they exercised their
free speech rights and said that it was alright for a patient to use medical marijuana.
When the Drug Czars own Institute of Medicine report said that "There is no
clear alternative for people suffering from chronic conditions that might be relieved by
smoking marijuana, such as pain or AIDS wasting," the Drug Czar lied about what the
report said, and continued to threaten patients with arrest.
Finally, when 69% of the people of the nations capital voted in favor of medical
marijuana, the Congress forbade even counting the votes.
In short, administrative rulings, bureaucratic procedures, scientific reviews, and
popular votes mean nothing. In every case, the government has voided its own procedures
and responded in bad faith.
Such bad faith justifies any response short of violence.
It is easy for me to reject violence personally, but it is also important for
non-violence to be explicitly recognized as the fundamental principle of the marijuana
resistance movement. Gandhi, King, and Mandela are the greatest names of this century
because they brought liberty to their people through non-violence. It is essential that we
remember the words of the Czech "Velvet Revolution" that ended communism there
without bloodshed. The Czech people told the Communists, "Dont be afraid. We
are not like you."
We are not like the prohibitionists. We do not kill. We do not lie. We do not steal.
But we must act! Many of course have long since begun to act.
In Oakland, Jeff Jones is leading an enormous medical marijuana movement that is tying
the Federal government in knots of its own making. Jeff cheerfully acknowledges that what
he is doing would not be possible without Dennis Peron having blazed the trail, but by
being as shrewd as Dennis was flamboyant, he has gotten official cooperation from the city
of Oakland.
See
Oakland Renews Its
"Declaration Of A Local Public Health Emergency
With Respect To Safe, Affordable Access To Medical Cannabis."
The Declaration Will Be Renewed Every Two Weeks As Long As Necessary!
His legal action in the 9th Circuit has become a mortal threat to the
suppression of medical marijuana.
See
A Major Disaster For
Marijuana Prohibition in Oakland
Federal Appeals Court Rules For Medical Necessity Defense
Others with lower profiles are working throughout the Northwest, implementing the
states new medical marijuana laws.
See
Washington Citizens
for Medical Rights Hails Ruling In Oakland Case
In Philadelphia, Larry Hirsch has put together a medical marijuana Class Action lawsuit
that is both a legal and political action. Although the criminal defense bar has long
played a key role in fighting marijuana prohibition, the problem that defense lawyers have
is that the client is being held hostage by the government, which can cut its losses at
any time and strike a deal that the defendant usually has to take.
The great advantage of the Philadelphia suit is that it has taken the offensive and the
government is the defendant. To date, their response has actually met the legal definition
of "bad faith."
See
"The laws are what the
laws are.
If people want the laws changed, there has to be a sound basis in science.
We haven't changed our position. Users could be prosecuted."
"Justice" Department Defiant In Philadelphia Class Action.
On the political side, Hirsch has put together a large group of patients. It is an
inspiring group, but its sheer size presents the government with a problem of scale. If
the suit had been brought for only one or two people, the government might have been able
to cut its losses as it does in criminal cases without setting a damaging precedent.
However, the objective of the Philadelphia case is to force the government to give medical
marijuana to everyone who needs it, a huge number of people. Obviously, they cannot do
that, so when they lose, that will be the end of the suppression of medical marijuana.
The standard prohibitionist party line in response to the medical marijuana movement
has been to claim that it is all really just a "red herring" or "scam"
the word they attribute to me-- to "legalize" marijuana and/or "all
drugs."
See
Nevada
Poll Shows Medical Marijuana Ahead; Sheriff Says Its A "Scam"
-- Most Of Article Devoted To Prohibitionists
and
Is medical
marijuana just the opening wedge to legalize marijuana generally?
That has never been true, but it is becoming a self-fulfilling prophecy. Even those who
never wanted anything beyond tightly controlled medical access to marijuana are coming to
recognize that a government that acts in such bad faith in response to every legitimate
effort is not to be trusted with control over the plant. The longer they drag out the
persecution of medical marijuana users, the more they discredit themselves and
prohibitionism in general.
The Meaning of Resistance.
There is a continuum between "reform" and "resistance." As usual,
it is not a question of "either/or" but rather "both/and." NORML will
continue to be the most important part of the effort to bring the establishment to its
senses and end this tragedy as soon as possible. NORML's Allen St. Pierre will continue to
be the source of most of the medias information on the issue. Of course, it is
usually unacknowledged, so he will also continue to be largely invisible, even as the
movements more problematic personalities promote themselves.
However, I know from experience that the establishment media were quite happy with the
status quo, and they would continue to ignore indeed encourage -- the monstrous
injustices of marijuana prohibition, if it were not for the momentum started by activists
like Dennis Peron. The Washington Posts recent call for reopening the
governments medical marijuana program is proof of that.
See
Washington Post
Defects On Medical Marijuana!
Calls For Reopening Program Making Marijuana "available to terminally ill
patients."
Implicitly Endorsing Medical Marijuana Class Action Suit.
Actions
- Growing Freedom? Not everyone can or should grow cannabis, but Marijuananews will do
everything possible to help and encourage those who choose to do so. We can expect the
prohibitionists to intensify their war on marijuana "manufacturing" often
under the guise of attacking the manufacturing of methamphetamine.
See
The Hatch-Feinstein
Methamphetamine Anti-Proliferation Act of 1999
Will Censor The Internet, Make It A Federal Crime To Teach Farmers To Grow Hemp,
Or To Tell Medical Marijuana Patients How To Use or Grow Marijuana,
There will be casualties among those who choose to grow. But there are casualties in every
war. Those who grow marijuana hasten the end to the war and are deserving of our help and
support. Marijuana growers and dealers, seed merchants, etc, are entitled to whatever
profits they can make, just as the pharmaceutical companies, judges and doctors are
entitled to what they get paid, when and if they are doing an honest job. Activists should
stop being embarrassed by -- and start defending -- marijuana growers, whether they have
four plants or four thousand. A government that acts in bad faith has no right to set an
arbitrary limit on the number of plants that anyone can grow. Growing marijuana does not
change from right to wrong when the number of plants increases. What would be the moral
calculus in that?
- Jamming the system. One of the most important and least understood tools
in the marijuana resistance movement is "jury nullification." This is also
something that the establishment greatly fears. Jury nullification acquitting a
defendant who is clearly guilty is one way that an establishment can be forced to
change unjust laws.
See
UK Jury
Acquits Man For Growing "Medicinal Cannabis;"
More Pressure On Government, Reports London Times
While jury nullification could theoretically apply in any situation, by far the most
common application will be in marijuana cases. The reason that the Feds had to suppress a
medical necessity defense in the McCormick/McWilliams case was that they feared that they
couldnt get 12 people to convict them.
See www.fija.org
- Non-violent demonstrations. If the campuses do not organize against marijuana
prohibition, then the generation coming up will not be able to blame those who came before
them for their loss of freedom.
See
The DARE Generation
Strikes Back:
The First Students For Sensible Drug Policy Conference
and www.ssdp.org
- Operation Smokescreen
Now here is where we can have some fun. Everyone should have handrolled cigarettes
containing neither marijuana or tobacco. They should be used in every appropriate venue
and occasion.
See Operation Smokescreen
Stop making excuses!
Jesus said that it is better to light a single candle than to curse the darkness. Too
many marijuana users seem to think that it is better to light a single joint than to
defend freedom.
It is tragic that so many Americans, and Canadians, and citizens of other countries
that have traditions of liberty do nothing as their freedom is lost. It is even more
appalling that we often seem to be waiting for the sick and dying to liberate us through
the medical marijuana movement. The fact that this is really happening does not make it
morally acceptable.
See
The Reality of the
Medical Marijuana Situation In Arizona:
Have The Sick and Dying Liberated Us Yet?
Some like to wear their alienation like a badge of honor.
It doesnt do any good to vote, they say. But the medical marijuana initiatives
have been devastating for marijuana prohibition.
It doesnt do any good to write letters to the editors, they say. But look at the
impact that www.Mapinc.org is having on editorial
pages.
It may be dangerous to join NORML, they say. But name one person who has ever been
arrested for joining. In fact, www.NORML.org remains
the most basic way for most marijuana users to participate in their own liberation. After
this is over, will anyone really want to look in the mirror and not be able to say that
they did at least that much?
The marijuana reform movement will go on, and eventually marijuana prohibition will rot
and fall, just as communism did. But how fast it happens, how many more victims it claims,
how much more suffering and injustice it inflicts, how much more damage it does to our
institutions, how many more children are driven into serious substance abuse, depends on
what actions people take. Or fail to take.
What action people can take depends upon their circumstances, but there is no one who
can justify doing nothing.
Join the marijuana resistance movement. Be a part of the solution, not a part of the
problem.