MARIJUANA LAWS FACING NEW CHALLENGE

In the long run, they may lose money by shrinking their own criminal client
base, but one of the state's best known law firms is backing the movement to
decriminalize marijuana.

The Chichester law office of Mark Sisti and Paul Twomey is the new home base
for the New Hampshire Organization for the Reform of Marijuana Laws, a
branch of the national NORML organization.

Twomey, a parent who also serves on his local school board, says he doesn't
smoke pot or tobacco, nor does he drink alcohol. But he does believe it is
time to get marijuana users out of the criminal justice system.

Twomey is quick to point out that he opposes other illegal drugs and
certainly doesn't approve of allowing underage people access to marijuana.

"Making marijuana legal would cut significantly into our income. I honestly
don't care. It's wrong to continue," said Twomey.

He and Sisti have built a well-respected firm representing many high-profile
clients, such as Pamela Smart, as well as many low-profile drug users and
dealers along the way.

"I see the tremendous injury done to families and society by the war on
drugs," Twomey said. "This is a cultural war of the '60s. Let's declare the
war over and get on with it."

Even prosecutors who disagree with Twomey say they respect him.

First Assistant U.S. Attorney David Vicinanzo said, "This debate has been
going on since I was a kid, but many of the arguments are the same. What has
changed is we have 30 years of research showing marijuana use is generally
bad for you and the marijuana is many times more potent than it was 30 years
ago," Vicinanzo said.

Vicinanzo said marijuana investigations at the federal level are a lesser
priority than investigations for crack or heroin.

"In America, there is perhaps no single greater cause of misery and disease
than alcohol, so we already have one evil, why do we want to legitimatize
another mind-altering substance," Vicinanzo said.

"I disagree with Paul Twomey on this issue. He's a thoughtful, and
intelligent lawyer and decent guy. Reasonable people can disagree. . . ,"
Vicinanzo said.

Besides the stature brought to the marijuana debate by a firm such as
Twomey's, Phil Greazzo of Manchester, president of NORML in New Hampshire,
and other board members of the fledging chapter, say they will lobby the
Legislature in the next session on three major fronts.

They want to legalize medical marijuana and industrial hemp and
decriminalize marijuana in New Hampshire. While there are a couple of
legislators who want to help, law enforcement leaders are expected to
continue to strongly oppose even hemp legalization.

As more and more babyboomers comfortably settle in to leadership positions,
many with first-hand knowledge of what a marijuana joint looks and tastes
like, people such as Twomey and Greazzo see the timing as right to pursue
the marijuana agenda.

"I'd like to see people use marijuana recreationally and at most receive a
fine, no jail time," said Greazzo, 30, of Manchester, who works in the field
that manufactures medical products.

"The top issue right at the moment is that every other country in the world
recognizes medical marijuana as medicine for certain people, except the
U.S.A.," Greazzo said.

Greazzo said he will testify on a proposal to legalize medical marijuana on
Aug. 23 at 10 a.m. in the Legislative Office Building in Concord. National
experts on the subject are expected to testify as well.

"The second top priority is marijuana decriminalization. Let the people
decide. A majority of the people think it ought to be decriminalized.

"As far as the public goes, we have a receptive audience," he said. He said
law enforcement has a vested interest in keeping marijuana illegal to
maintain job security and to continue seizing assets in drug cases.

"I'm not going to lie. I'm the president of NORML (in New Hampshire). I do
occasionally smoke marijuana," Greazzo said.

He makes sure he never smokes around his 4-year-old daughter, but hopes to
have a candid conversation about drugs when she is old enough. What he hates
most is the hypocrisy.

"Man has been involved with marijuana since 8000 BC and it has never caused
a single death," Greazzo said. "Nobody is going to champion the cause for
legalizing heroin, but we do need sensible drug reform. They (drug addicts)
need treatment. This is a health issue. Why do we have military generals
running the issue?" Greazzo asked.

Col. Gary Sloper, commander of state police, said he wasn't surprised to
hear of NORML's New Hampshire presence because of recent efforts in the
Legislature.

"We wouldn't support changing any laws regarding marijuana or any controlled
drug. All you have to do is look at the history of substance abuse.

"I'd hate to see us cave in because a number of the lives that are destroyed
through drugs. I know there are arguments pro and con, but the Legislature
is wise to continue to make it illegal. I wouldn't want to change the drug
laws," Sloper said. "The '60s came and went. I don't want to see a
resurgence or do anything to make it more available to people who don't use
it because it is illegal. If those people are encouraged to start using, I
wonder if more would slip through the cracks," Sloper said.

Rep. Derek Owen, D-Hopkinton, is the sponsor of legislation to legalize
industrial hemp, which was defeated last year. Owen said he and other
farmers want to keep the hemp issue separate from marijuana
decriminalization to increase the likelihood he will some day be able to
harvest hemp. Personally, however, he said he also favors decriminalization
of marijuana.

"We should be able to grow a niche (hemp) crop on our property," Owen said.

He said hemp is used for rope, hemp seed oil, paper and clothing and he
certainly wouldn't risk his farm to raise marijuana.

"I'm for decriminalization. I think the war on drugs should be gone. It's
like Prohibition. It didn't work," Owen said.

Rep. Timothy N. Robertson, D-Keene, said he is still pushing to legalize
medical marijuana and also plans to push for decriminalization as he has for
several years.

"Personally, I'd like to do away with the drug war and help people deal with
addictions. I don't think putting them in jail is a good place," Robertson
said.

The 68-year-old Legislator said he tried marijuana in the 1970s.

"I found it pleasant, but it was illegal and I didn't have the need to get
high," said Robertson.

He believes the public will eventually demand more common sense in national
and state drug policies.

"Politicians as are not great leaders; they are followers. Most of them
follow voters," Robertson said.

"Why did we do away with Prohibition? Because it was bringing the country to
a screaming crime wave. The rich never stopped drinking. The bootlegger
where we lived had a route like a milkman," Robertson said.

He concedes it is still difficult for politicians to speak openly about past
drug use.

"This may cost me the election and it wouldn't bother me. It's the
principle," said Robertson.

Former Attorney General Jeffrey Howard, who is running for governor in the
Republican primary, said he has never tried marijuana, but acknowledges
having been at parties when he was young where other people were smoking
pot.

If legislation passed decriminalizing marijuana, "I would veto it...I know
from my days as a prosecutor that it is a very harmful drug in terms of what
it can do to brain cells and the risk others are put at when they are
sharing the road with someone under the influence of marijuana," Howard
said.

There is one exception to his anti-marijuana position, though.

"I believe we should give greater consideration to medicinal uses of
marijuana under strict government supervision," Howard said.

But for Twomey, who routinely represents people arrested on assorted drug
charges, it is time to take action now.

"I don't use pot and wouldn't use it if it were legal. I just see people's
lives ruined day after day after day. They are forced to spend a lot of lot
of money for attorneys. When you put it next to alcohol and tobacco, it is a
harmless, benign substance," Twomey said.

"The only stigma is if you get arrested. . . I do favor legalizing
marijuana. I personally think adults should decide what they put into their
own bodies. There should be strong penalties for giving it to children,"
Twomey said.

He also expressed outrage that the fine for providing cigarettes to children
is so small when cigarettes are so deadly. Marijuana has never killed
anyone, he said.

"I'm not urging anyone to legalize any other drugs," Twomey said.

Twomey accepts the fact that people will talk about his latest move and
there might even be a snicker or two behind his back.

"There are a lot of people out there who agree, but they are afraid to speak
out," Twomey said.