Pot advocates fear bill could mandate ‘enhanced penalties’ for medical edibles

By Stephen C. Webster
Thursday, July 29, 2010 21:21 EST
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In the name of saving children from candy-flavored methamphetamine, the U.S. appears on the verge of mandating more than a year in jail for anyone who cooks up a batch of pot brownies.

A bill by California Democratic Senator Dianne Feinstein that has recently reached the Senate floor has cannabis advocacy groups concerned that potent, medical-grade edible products would become a higher crime carrying weighter sentences, ostensibly to protect children from ingesting strawberry-flavored meth.

The bill is the Saving Kids from Dangerous Drugs Act, which, according to Feinstein, “sends a strong and clear message to drug dealers – if you target our children by peddling candy-flavored drugs, there will be a heavy price to pay.”

Sen. Chuck Grassley (R-Iowa) co-sponsors the bill. The full text is available online [PDF link].

“Flavored meth – with child-friendly names like Strawberry Quick – is designed to get people to try it a few times,” Feinstein declared in a media advisory. “It’s all about hooking young people, and we have to stop this practice before it grows any further. So, this legislation will increase the criminal penalties for anyone who markets candy-flavored drugs to our youth – by imposing on them the same enhanced penalties applied to dealers who distribute drugs to minors.”

“New techniques and gimmicks to lure our kids into addiction are around every corner. Candy flavored meth is the latest craze used by drug dealers,” Senator Grassley added. “Research has shown time and again that if you can keep a child drug-free until they turn 20, chances are very slim that they will ever try or become addicted. This makes it all the more important that we put an end to the practice of purposely altering illegal drugs to make them more appealing to young people.”

Cannabis advocacy blog “Toke of the Town” retorted: “Since there is no national trend toward lacing candy and other edibles with meth or any other drug besides cannabis, this bill clearly targets legitimate medical marijuana dispensaries, caregivers and patients in states that have legalized it as medicine.”

And what sort of “enhanced penalty are we talking about? “[A] term of imprisonment [...] shall be not less than one year,” the legislation states.

In the same breath, however, the bill adds: “This subparagraph shall not apply to any offense involving [five] grams or less of marihuana.”

Should Feinstein’s bill become law, the stipulation of five grams or less would absolutely lead prosecutions to level claims as to how much plant matter was used in the preparation of various drug-laced concoctions, which could be a highly subjective science.

Interestingly, the legislation gives no preferred mode of calculating the correlation of the plant matter’s weight and the actual, tangible drug effect and content of the finished product, seemingly leaving a drastic space for ambiguity and interpretation.

However, she also opposes Proposition 19, California’s marijuana legalization initiative, alleging that it would tie the hands of law enforcement, preventing officers from making stops and arrests of drivers stoned on marijuana. Feinstein even signed a ballot argument with Mothers Against Drunk Driving, citing specifically stoned school bus drivers as the principle threat to post-legalized society.

“Let’s assess her argument point by point,” began L.A. Times writer Paul Armentano. “First, Proposition 19 explicitly states that it will not amend or undermine existing state law criminalizing motorists who operate a vehicle while impaired by pot. Driving under the influence of marijuana is already illegal in California, and violators are vigorously prosecuted. This fact will not change under the initiative.

“Second, Proposition 19 in no way undermines federal drug-free workplace rules, just as the state’s 14-year experience with legalized medical marijuana has not done so. Further, it does not limit the ability of employers to sanction or fire employees who show up to work under the influence of pot. Just as a private or public employer today may dismiss workers for being impaired by legal alcohol, employers in the future will continue to be able to fire employees who arrive to work under the influence of marijuana.”

“Some medical marijuana users are so sick that they are unable to smoke their medicine and must eat it in baked goods or lozenges,” pleaded activist group Students for Sensible Drug Policy. “They are already breaking federal law and risking prosecution but if S. 258 passes, the penalties they face would double.

“Please write your two United States Senators today and urge them to defeat this heartless bill.”

The act was approved by the Senate Judiciary Committee in mid-June and is awaiting a vote by the Senate at-large.

Stephen C. Webster
Stephen C. Webster
Stephen C. Webster is the senior editor of Raw Story, and is based out of Austin, Texas. He previously worked as the associate editor of The Lone Star Iconoclast in Crawford, Texas, where he covered state politics and the peace movement’s resurgence at the start of the Iraq war. Webster has also contributed to publications such as True/Slant, Austin Monthly, The Dallas Business Journal, The Dallas Morning News, Fort Worth Weekly, The News Connection and others. Follow him on Twitter at @StephenCWebster.
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  • peterlawrence

    What do you expect??? Feinstein is a fkn Republican – always has been. It's already against the law to sell drugs, bitch. Just make it more jail mandatory if they're sold to children.

  • DelvinPickford

    People who don't understand the world need to get out of politics. These old politicians carry over the ancient concepts of the 1930s and don't distinguish marijuana from the predatory drugs. Meth wouldn't be so prevalent if reactionary laws banning ephedra weren't enacted in the 1st place. Quit trying to protect “the children” and let the country live in peace!!

  • donofcali

    Fraulein Feinstein talks meth, but she knows that the bill is written against cannabis. What a waste of a senate seat.

  • Robert Shaftoe

    Exactly, and also, Big Pharma doesn't want competition for their brands of speed like Ritalin et al.

  • Robert Shaftoe

    My basic understanding of chemistry reminds me that substances such as methamphetamine are destroyed by heat. This makes the original 'SCARE' story all the more suspect. I definitely think this was meant as a shot across the bow of California's efforts to legalize this plant once and for all.

    Thankfully, Prop 19 has been polling quite popular in California and even a majority of self-identified Republicans favor legalizing cannabis.

    Feinstein is a Democrat is name only. Just follow the money: she long ago was co-opted by the corporate Right.

  • enorceht

    instead of passing laws to 'protect' children why not try giving them
    good schools with interesting small classes and
    music or dance classes and
    good uncontaminated food and water and
    playgrounds and parks and
    health care that's interested in keeping them healthy and
    let their parents have time to spend with them
    instead of having both parents work two jobs so they can afford
    insurance that's only interested in paying if you get really sick and
    a roof over your head and
    maybe some heat in the winter

    maybe then they would have the stable background they need to say no when offered drugs
    because what they have (stability, love, knowledge, and belief in themselves as people) is much better than drugs
    oh by the way … it's not going to be a 'drug dealer' that's targeting those children,
    it will be their friends
    who are in the same barrel with the same problems with no hope

    but go ahead make a law it's an election year … and you gotta look like you doing something
    and i guess if it wasn't kids it would have to be puppies they both have good selling points

  • dennycrane

    Phooey! I will just keep eating those rat-shit-infested “Pay Day” bars. Twinkies are the best. After you inject the pot into the “ooze”, if you forget where you stashed them, they will still be good for 50 years. Of course, by then Alzheimer's will kick in.

  • gypski

    Another its all about the kids reason. Forget about the massive debt they have laid upon THE KIDS, forget about the shitty education given to THE KIDS. Tell the truht Diane, it all about LEO. I haven't heard of this candy flavored meth nor seen it mentioned in the news media. So, is it another fairy tale?

  • http://profiles.yahoo.com/u/ESO7FVAOXZYMOCZI3MEGOGD5PQ Laura

    Feinstein doesn't give a rat's patootie what her constituents think. She got 250000 calls begging her not to vote for the Iraq war resolution and 250 calls in favor. She voted for it. I have not voted for her since. I always vote for her primary opponent and then Green in the general. She's much better than a rethug, especially on choice and the environment, but b.s. like this makes me crazy. She'll be 80 the next time she's up for reelection. Maybe she'll retire. People in this state love her, especially the recording industry and defense contractors. Retirement is our only hope of getting someone better.

  • http://twitter.com/Bugman121 Bugman

    you're a radical.

  • WhodaThunkit

    That bitch has her head so far up her ass she has to open her mouth to see anything

  • davidrvelasquez

    I guess our elected representatives have little else to while away the hours with than coming up more unnecessary retarded legislation.

    Like in this day and age we really needed any more laws that abrogate our rights as individuals.

    “protecting kids”? ……no, they mean exploiting kids for the electoral rubes.

  • http://www.facebook.com/people/Verite-Laide-lImbecile/100000472938032 Vérité Laide l'Imbécile

    Feinstein “This dead gay man's corpse wont move my political career any more! I need a new wedge issue! Ah, this looks good…”

  • moldy

    When is crap going to stop? We don't need more laws to protect the kids but more responsible parents. These edibles are for people that in need and if they find there way to a child somehow (drug dealers targeting children lmao scare tactic from the 80's) it won't kill them but they may take a good nap. If they want to make policy protecting our kids why don't we dismantle drug task forces funded by the feds? That's the real danger. Getting shot by some trigger happy goon high on steroids is a much larger threat to our kids than a possible accidental ingestion of cannabis.

  • enorceht

    thank you

    i also think all drugs should be legalized and with treatment by a doctor for addition

    besides i believe i've read that there are more people addicted to pharmaceutical drugs than illegal drugs … and what will congress do about that, nothing because they get too much money from the pharm corps & their lobbyists

  • http://profiles.yahoo.com/u/I2NEW7IA6YRS5L4XW5GL4U6QBY anton alfred newcombe

    she's a democrat.

  • Savantster

    She's a right-wing leaning Democrat. She's making a shit load of money off the illegal wars and by sending government funds to programs her husband's companies are involved in.. she's pro-corporate on many fronts, and she's apparently willing to engage in misinformation and distortion to push her personal agenda (can't arrest people driving under the influence? wtf is she talking about? stoned school bus drivers? what? fear monger much?).

    She has a D behind her name, but she's pretty close to center with some right-leaning positions, like this cannabis issue.

  • Savantster

    And if you follow all those “broken systems” back to their origins, you end up with “consumerism” and “profit mongering”. Dumb people go deeper in debt, clean water is expensive (either companies stop polluting or someone has to clean it up), good food is expensive (all the crap in our food increases shelf life, increasing profits by not having food tossed out because it went bad before it was sold), recreational spaces cost money to build and maintain and if kids are outside playing they aren't watching TV (and commercials) or playing video games (that now have advertising in them). Both parents working is because everyone wants 'more stuff' and the 'newest stuff', and that costs money… lots of money.. and the best way to keep people wanting to upgrade and keep profits flowing is to release technology out in steps and to bracket what is available to various income levels (which are transient for any given person.. buying a 1-GB iPod today means you might want to upgrade to a 4-GB iPod in 3 months when the price comes down because they released the new 16-GB iPod that was already designed and capable before the 1-GB was sold).

    What I'm getting at here is that our consumer based society drives all the problems you mentioned (including a lot of drug use). Fixing the problems you note would reduce consumption as well as increase the quality of life a lot of people have. Don't expect the corporate overlords to allow the energy of our society to be applied to helping each other have better lives when all they want is for society to put all of it's energy into making the lives of the top 1% better, even if it kills you.

  • http://profiles.yahoo.com/u/JBIAEYKRLQ3I574QNVSWBNNKVI M

    Unfortunately, a lot of people don't have the money to live DIanne Feinstein's lifestyle. The amount of people who bake “goodie” treats, sell them at concerts and other events is a lot higher than anyone realizes. This is the only way these people can make money in our economy. For some, it is enough cash flow to keep a roof over their head. And an overwhelming majority of their customers are happy. Contrary to Feinstein's view, they aren't attracted by the brownie mix.

  • http://profiles.yahoo.com/u/JBIAEYKRLQ3I574QNVSWBNNKVI M

    Never heard of meth candy. I suppose it exists but mushroom chocolate is a very popular item.

  • peterlawrence

    I wouldn't even give her the benefit of calling her a Dino… Feinstein's a corporate wh0re through and through

  • inL_A

    We have more people sitting in our prisons than any other nation and Feinstein wants to add people who eat brownies made with weed? All under the guise of “Saving Kids”?

    Feinstein, where was your compassion for these kids when you sent them into two unnecessary wars? I'll tell you what this is about, it's about Prop 19, it's about protecting your friends in the pharmaceutical industry from any competition.

    You people are insane.

  • http://pulse.yahoo.com/_P6BCIF3GKN34ERFDPBBMIDIR24 Jeff

    Feinstein hates for anyone to have any fun. Period.

  • bossanova

    I am voting yes on prop 19 and I think Feinstein is creating an unfair punishment umbrella by including cannabis products which is silly for lack of a better word. I would like to see edible cannabis products randomly sampled for laboratory analysis of filth, bacteria and the other normal array of USDA/FDA identified adulterants and contaminants. This is what Americans want, expect and demand for the non-cannabis food supply and I think it's fair to do the same with all commercially sold food in both interstate and intrastate. Any FDA or USDA Consumer Safety Inspector’s who currently himself/herself uses medical cannabis for a physical issue would themselves want the assurance of unadulterated meds, right? Figuratively speaking there are local, state and federal acceptable quality levels for known food contaminants and vectors, nothing we eat is filth free, regardless let every food product containing cannabis or not be sampled and tested to assure the American consumer they eating the safest food in the world… outside of Japan which is considered the most sanitary of all the foreign food exporters.

  • Praxman

    …and Diane is one of the liberal Democrats! har har

    So basically they want laws where the ONLY way to use marijuana is the one most easily detected; smoking.

    With Dumbocrats like this, who needs Repukes like Grassley.

    Dollars to Brownies that those two Senators see eye to eye on far far more issues than they ever let on to their dull-witted supporters.

    The bill isn't covering 'candy' flavored cigarettes that are purposely marketed to children, no?

  • Hologram5

    Agreed and they wonder why they are so far in debt. Feinstein needs to get a grip on reality…

  • indi_progressive

    The most common way to distribute LSD is to dip a perforated sheet of paper in the Acid and let it soak in, then you rip pieces off and each piece is considered a “hit.” These sheets of paper would sometimes have color or a design. Somewhere someone found a sheet with Mickey Mouse on it and it hit the press and EVERYONE had CONNIPTIONS, it was all over the news, TV, newspapers, magazine stories, they warned us about it in school, it was utter hysteria! No kids ever took the acid they just love the hype! (like razor blades and needles in Halloween candy) Means more money for the machine!

    http://www.snopes.com/horrors/drugs/bluestar.asp

  • indi_progressive

    http://www.youtube.com/watch?v=Qh2sWSVRrmo

    THINK ABOUT THE CHILDREN!!!!!!

  • yvonneo

    I suspect it's not only about the pharmaceutical industry, but it's probably also business development for the for-profit private prison industry. I guess we don't have enough prisoners in this country as it is. I wonder how much stock feinstein owns in both industries?

    Also, feinstein is using almost the exact same bogus justification for pushing this bill as was used to launch the war on drugs nearly 40 years ago.

    I'm sick of these fucked up politicians!

  • cohentelstar

    What about the innocent children that get addicted to “shit-flavored dick” and end up being successful businessmen selling Coca-Cola and the Little Mermaid to the innocent children's little Mister Rogers' heads!! Fuck this drug nonsense!! People over 21 should be able to get marijuana legally, period!!

  • harlinredlands

    Why does California's Democratic majority continue to re-elect that worthless authoritarian hag, Dianne Feinstein?

  • http://www.facebook.com/people/Daniel-Jenkins/100001209786222 Daniel Jenkins

    I am pro legalize. Pot flavored candy is idiotic and will hurt children AND hurt our cause.

    Pot ain't poison but pot damn sure ain't candy. Don't let the pot industry act the same way the tobacco company acted in the bad old days; deaths will surely result.

    Legalize, tax, regulate.

  • billos

    This beotch has been menopausing for half a century now. Reminds me of my middle school principal, Miss Clark. Hard to imagine she has a vagina. Beotch.

  • http://twitter.com/dirtygreek George Peterson

    This is disturbing, especially since I don't see the line from this article – “This subparagraph shall not apply to any offense involving [five] grams or less of marihuana” – in the full bill text that was passed.
    http://www.opencongress.org/bill/111-s258/text
    That seemed to actually make it impossible to prosecute anyone for making pot brownies, since you can never prove how much plant matter was put into them.

  • harlinredlands

    Maybe pot advocates (and I am one myself) need stop worshipping children's style junk food, and start making cannabis edibles that are actually healthy for you.

    Then they won't need to worry about this issue at all. Sugar and white flour don't belong in “medical” stores.

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