Revolutionary Advocacy

For almost a decade the American Civil Liberties Union (ACLU) has been dedicated to protecting the rights of American citizens, regardless of race, religion, party, gender or sexual orientation. Since it was founded in 1920, the ACLU has used lawsuits, media and volunteer experts to defend voting rights, fight discrimination, protect the right to free speech and fight for cannabis reform at both state and federal levels.

For many years cannabis consumers have had a very rocky relationship with politicians in the U.S., largely because the federal government still classifies cannabis as a Schedule I drug, regardless of clinical and anecdotal evidence of its medicinal uses and alternative treatment options over chemical-based pharmaceuticals. In many instances, despite state laws, many patients and recreational consumers have been tried as felons for possessing cannabis. Growers and suppliers of cannabis have also been arrested and placed in federal penitentiaries next to illegal heroin dealers and cocaine smugglers.

“. . . the ‘war on drugs’ was not only pointless and costly, but was also a violation of the civil rights of people too poor to defend themselves from multiple felonies for cannabis use in a court of law.”

There has been some positive news for patients facing incarceration, civil rights violations and discrimination over their choice of medication. In 2009, the American Medical Association defended cannabis and urged that the federal government re-evaluate their position on the subject, once further medical studies could be done. In 2013, the U.S. Justice Department formally announced that it would no longer challenge state laws in regards to medical cannabis. However, despite these successes there have still been problems.

In 2014, Christine Callaghan, a then-recent design school grad, accepted a paid internship position for class credit towards her master’s degree in Textile Design at Darlington Fabrics in Rhode Island. When Callaghan revealed that she had a state-approved medical cannabis card to deal with her crippling migraines the paid internship was cancelled by the company.

Carly Iafrate, a volunteer attorney for the ACLU, filed a lawsuit against Darlington Fabrics, under the grounds that the company had violated laws regarding disability discrimination. In a written statement on behalf of the ACLU to the press, attorney Iafrate stated, “All companies doing business in Rhode Island need to realize that people with disabilities simply cannot be denied equal employment opportunities on the basis of the type of medication required to treat their particular condition.” Iafrate went on to emphasize that if employers are allowed to discriminate against patients utilizing state-approved medical cannabis, then the good work done by those that helped to enact the law will be completely undone. “We cannot let this law become an empty promise,” Iafrate proclaimed.

California Lt. Gov. Gavin Newsom teamed up with the ACLU in 2013 to create a Blue Ribbon Commission on Marijuana Policy made up of experts from across the nation, both academic and in law enforcement, to research a reformed system of taxation and regulation for medical cannabis. In a statement to the press, Margaret Dooley-Sammuli, a director with the ACLU of California, underlined the importance of why the ACLU is involved in the controversial subject of cannabis reform: “The disastrous war on marijuana in California continues to ensnare thousands of people—particularly young people of color—in the criminal justice system every year. It is time to move from prohibition to regulation.”

“The important task in front of us is implementing the will of the voters and creating safe, legal access to marijuana by adults.”

This meeting of the ACLU and politicians for the purposes of defending the rights of cannabis patients on a federal level across the nation is further proof that cannabis reform is not only constitutional, but possible.

The ACLU has remained active across the board in supporting state’s rights to regulate cannabis like alcohol over the years. Most recently, the organization endorsed California’s Proposition 64 this past November, which was a historic month for cannabis legalization.

When Massachusetts voters approved a ballot initiative to legalize, tax and regulate cannabis in a manner similar to alcohol, Whitney Taylor, another ACLU Director, issued a statement on behalf of her organization that indicated they would defend the decision. “The important task in front of us is implementing the will of the voters and creating safe, legal access to marijuana by adults,” she said. “We must ensure that elected officials who opposed Question 4 do not use their influence to dismantle, hinder, or reject what the voters demanded on Election Day.” Taylor also underlined that the “war on drugs” was not only pointless and costly, but was also a violation of the civil rights of people too poor to defend themselves from multiple felonies for cannabis use in a court of law.

The organization not only endorsed campaigns to legalize cannabis during the election process, they also showed support for cannabis reform after states voted to legalize cannabis in November 2016. Following Nevada’s Question 2 to legalize cannabis for adult use, ACLU of Nevada’s Legal Director Amy Rose commented on the decision in a press release. “Unprecedented numbers of voters exercised their right to vote this year in Nevada, and we were pleased to ensure the rights of every Nevadan making their voice heard.”

The ACLU has worked hard to secure human rights in various ways, and the organization’s dedication to cannabis reform will continue to support the hard work of cannabis advocates across the country, regardless of the federal administration.