He wrote a letter to a local newspaper which was reposted on the FreeKeene.com blog:

As you all know, I have been cleared for duty and will be reporting back shortly. I have been re-reading the NH Constitution carefully so that when I return I am well versed.

I have come to a conclusion in reading the document I am sworn to defend: It is unconstitutional for the state to take action against a sick person who decides to use Marijuana to treat a medical condition.

I will never arrest a person who possesses, uses, grows marijuana to treat a medical condition……. and neither should any other NH LEO who intends follow his or her oath. I won’t even take it from them.

You can read the rest of his letter here. His argument is basically that medical marijuana has been proven to work and since police officers enforce the law with discretion (meaning they don’t enforce 100% of the laws — which would obviously be impossible), he can and will ignore the marijuana laws.

Heroic.




  1. LibertyLover says:

    Outstanding!

  2. Benjamin says:

    Does that mean no warrantless car searches? Otherwise that is worthless to me.

  3. Faxon says:

    Your header makes no sense. “..Refuses To Enforce Medical Marijuana Laws…”
    Any state with such a law has no law against possession of it for medical use.
    Rephrase, please.

  4. Jetfire says:

    “since police officers enforce the law with discretion”
    Yeah, see how long he last if his boss orders him to enforce those laws.

  5. Phydeau says:

    From the article:

    1. Short of fellating the entire NH General Court and the Governor, political activists in this state have done everything to present FACTUAL evidence to support allowing sick people to use a natural substance to ease suffering.

    Yikes. I agree with his stand, but he could have toned it down a bit…

    Still, it’s great to see someone stand up against the War On Some Drugs!

  6. Phydeau says:

    BTW I have a friend whose brother is a state cop working with the DEA. They all know the War On Some Drugs is a joke — but they like it because it means lots of jobs for cops.

  7. Faxon says:

    My brother has a Medical Marijuana card, and is on SSI. The Federal Government is paying for his pot and for his beer. His reason for a pot card? His BACK HURTS!
    So fucking what? Everybody over forty has a back that hurts. The medical potheads are abusing the system, and it is disgusting. Here in California, when the damn law went through, it was totally pushed by potheads and only a very few sick people. If you go to a pot club, it is all dope heads frequenting the places. No matter how you try to disguise the truth, the Medical Pot fiasco is simply a way for potheads to get pot.
    The very few medical users refuse to use the pills. Face it, people, it is all about getting stoned. But California is ready to fully legalize it, so we should soon see plenty of red eyed people stumbling around all over the damm state. Great.

  8. sargasso says:

    When the police (large men with guns) exercise prudence in law enforcement, it basically subverts the authority of the court and the state. Judges and politicians are our employees, accountable to the populous. In Bosnia, we saw what happens when cops take over, deciding which laws to obey and to enforce – they’re still finding mass graves and busily hiding them from tourists. It sounds harmless and maybe heroic in this circumstance, but wielding moral precedence is a dangerous habit for a law enforcement officer.

  9. badtimes says:

    You need to rewrite the headline. Maybe use the one on the article you link to.

  10. RBG says:

    I hope the guy is consistant and fearlessly refuses to arrest anyone stealing personal property because there are some people who would use this to feed their families.

    RBG

  11. bobbo, speaking of symbolism says:

    1 is nothing/pathetic to get excited about.

    It is only sad to note the courts/legislature have not even yet come to this libertarian/freedom oriented reading of the Bill of Rights.

    So much for “natural rights of man.” Should be illuminating for us all, once the smoke clears.

  12. whaap says:

    Refreshing! a cop with common sense and intelligence… 1 in a million!

  13. The0ne says:

    Already packed and ready to move to this guys neighborhood. Pot, here I come!

  14. TruthBeTold says:

    Hmmm…
    Wonder if there are any cops that feel

    that not everyone that blows a 0.08 is drunk

    or that requiring a license to enjoy the freedom of the 2nd amendment is wrong

    or that porn of any type is protected by the 1st admendment

    or that ……..a hundred other things that cops could “use their discretion on”.

    Legislators make the law, cops enforce the law and judges determine if it was enforced correctly.

  15. Lee Stevens says:

    George Washington recommended the growing and use of hemp He drank its tea smoked it and ate it in food. Obama refuses to take any action while he admits using it.He promised change and then does nothing.There is a bill in California to finally legalize it.Its about time since it was the number one cash crop in California.Yes sure its a vice but has far less negative effects than alcohol or tobacco so its an infringement on liberty coming from tyrants who have decided to make a lot of money arresting thenjailing the people who use it for no more reason than they think they have the right to.We have the biggest prison population in the history of the world do we need to put more people in for doing what our founding father did? Are you going to keep following orders from people who never used it but know all about it.

  16. TruthBeTold says:

    By the way, Lee. George Washington owned slaves, too? I’m just sayin’

  17. Jim says:

    He’s not refusing to enforce, he’s enforcing. Get your head out of the clouds (HA!), John!

  18. Ah_Yea says:

    While I like his stand, it still bothers me that he is a policeman intentionally breaking the law.

    Haven’t we had enough of police taking the law into their own hands?

    Possession of Marijuana for any reason is still illegal in NH, isn’t it?

  19. atmusky says:

    It doesn’t take much of a brain to know that all our drug laws have done is provide a great revenue stream for mobsters, increase violent crime, and help justify building a police state.

    If anyone really cared about helping people you would legalize most drugs, tax and regulate them and then provide social services for those dumb enough to use them.

  20. Ah_Yea says:

    I wonder if he is using this stand to popularize himself for a run at the state legislature?

  21. spsffan says:

    There ARE some good cops!

    And to those who favor legalization, regulation and taxation of the currently illegal drugs, I answer yes, no and no.

    Legalization, naturally. There is no basis for the laws making them illegal. But you don’t need a special tax. Once legal, sales taxes, income taxes on producers/dealers, vast savings on law enforcement and prisons will generate more than enough revenue/savings. I really hate to quote 41, but, no new taxes!

    And regulation other than perhaps simple quality control standards like that applied to other farm products should be sufficient. Dept. of Agriculture does a pretty good job with that, and I’m sure there is enough slack there to add a few other products.

  22. Phydeau says:

    Interesting quote from one of the comments on that article website:

    Even in prison, the only problem with marijuana is its illegality. I’ve heard more than one officer say they wish it was handed out with chow. Nobody ever had to fight a stoner.

    Now that’s an interesting idea… A stoned prisoner is a docile prisoner. 🙂

  23. Hmeyers says:

    I’m anti-drugs and think marijuana is a waste of time (but think anyone who hasn’t tried it once or twice is a little lame) …

    That being said, marijuana users aren’t violent like drunks are.

    When you weigh things according to the problems they cause, marijuana users are really the type of problem you’d like to have since there are always going to be problems.

  24. Carcarius says:

    He is obviously a good police officer. I don’t know his stance on other issues, but he using sound reasoning and judgment in this case at least. I know a few good people who are also police officers. A lot of it depends on where you live. NH is one of those states that has a pretty fair system and police force, and I make this statement based on my own experience.

  25. Faxon says:

    Heroin has been scientifically shown to reduce pain. My knee hurts.

  26. Curtis E. Flush says:

    When I was much younger I was addicted to smoking the leaves of a plant which is clinically proven to be the cause of death for millions, and which is quite legal. Through an effort of will, I was able to sweat my way out of that addiction.

    In stark contrast to that plant, during that same era I enjoyed, on random occasions, the smoke of a different plant, one whose most dangerous side-effect in my case was to stimulate the excessive consumption of cookies and milk.

    I stopped using the non-addictive plant (incurring no withdrawal effects) because the price became ridiculous, and because for occasional enjoyment I grew to prefer a far more dangerous substance: Single Malt Scotch.

    The only real effect of this species of shrubbery being outlawed: We as taxpayers are funding a price-support system for growers and dealers. By imprisoning a random sampling of growers and dealers we provide risk to their enterprise, thus maintaining the high prices of their products, which would otherwise have an intrinsic value no greater than perhaps Rosemary or Dill Weed.

    Meanwhile, not one human being who actually wants to use this plant does without it.

  27. Skeptic says:

    Breaking news…

    Bank Robber Released When Discovered In Possession of Medical Marijuana.
    The apprehending officer repeated his brilliant and heroic quote, “I will never arrest a person who possesses, uses, grows marijuana to treat a medical condition.”

  28. GigG says:

    It doesn’t say why he has been off the job. At least I couldn’t find it.

    My bet he is back off the job in a month.

  29. Benjamin says:

    Let’s discuss New Hampshire since the cop in question is from there. In New Hampshire you don’t need a license to purchase or carry a gun. You do need a license to carry concealed or carry a loaded gun in a vehicle. You may carry a pistol or revolver in a belt holster as long as it is visible. I assume that New Hampshire cops feel that requiring a license to enjoy the freedom of the 2nd amendment is wrong. If they don’t feel that way, they are powerless to try to enforce a license requirement that doesn’t exist in law.

    TruthBeTold said, on January 26th, 2010 at 9:31 am

    “Hmmm…
    Wonder if there are any cops that feel

    or that requiring a license to enjoy the freedom of the 2nd amendment is wrong”

  30. qb says:

    There are plenty of good cops, and obviously this is one of them. It’s controversial but he’s public, honest, and personally accountable (good or bad) which is the right way to do this.


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