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Washington Marijuana Legalization Measure Polling Strong

A solid majority of Washington voters approve of Initiative 502, the marijuana legalization measure sponsored by New Approach Washington, according to a SurveyUSA poll released this week. The poll had support for the initiative at 57%, with 34% opposed.

The initiative would legalize and regulate the cultivation, distribution, and possession of marijuana by adults 21 and over. Similar measures are on the ballot in Colorado and Oregon.

The level of support for the initiative is higher than a Public Policy Polling survey in June, which had support at 54% and opposition at 37%.

Campaign organizers can take some comfort in the numbers, which show an absolute majority in favor of the initiative. It's one thing to be leading in a poll, but unable to crack the 50% mark; it's another to go comfortably over 50%. If the campaign can keep its numbers from slipping in the final weeks, it appears poised for victory.

The poll's cross-tabs show almost identical levels of support among men (58%) and women (57%), while every age group except the 65-and-older (45%) also shows majority support. The initiative polled strongly with whites (60%), but not so much with Hispanics (47%) or Asians (42%). Whites make up 80% of the Washington electorate.

Democrats (70%) and independents (62%) strongly support the measure, while only one-third (33%) of Republicans do. Similarly, the measure wins majority support among liberals (76%) moderates (63%), and Tea Party members (!) (54%), but not among conservatives (33%).

SurveyUSA contacted 700 Washington residents last week and identified 524 of them as likely voters. The poll was conducted by telephone, using both cell phones and land lines.

Just a little more than a month and a half from election day, Initiative 502 is sitting pretty. It also has a lot of money in the bank and little sign of organized opposition. It could happen this year in Washington state.

WA
United States

StoptheDrugWar.org Teleconference on the Marijuana Legalization Initiatives

StoptheDrugWar.org is pleased to announce our first teleconference, featuring the initiative campaigns in Colorado, Oregon, and Washington State to enact regulatory (legalization) systems for marijuana. Please join us by phone or Skype on Thursday, September 27, 6:00pm PST / 9:00pm EST -- call (805) 399-1200 and enter access code 135516. We will discuss what the initiatives do, what their prospects are for passage and for fueling further reform, and what people can do to get involved.

The following exciting speakers have agreed to join us:

  • Oscar Eason, Jr., NAACP Alaska/Oregon/Washington State Area Conference
  • Alison Holcomb, New Approach Washington
  • Paul Stanford, Oregon Cannabis Tax Act
  • Brian Vicente, Sensible Colorado

Please RVSP here on our Facebook event page or our evite, and please spread the word! We will accept questions by email, now and during the teleconference -- send them to borden@drcnet.org.

Please stay tuned also for announcements of additional teleconferences to discuss the upcoming state medical marijuana initiatives, prospects for reform in Congress next year, and other topics. If you are not already subscribed to the Drug War Chronicle newsletter, you can subscribe here -- follow us on Facebook and Twitter too.

Former DEA Heads Urge Holder to Oppose Marijuana Legalization Measures

Every former head of the DEA since it was created by Richard Nixon in 1973 has signed onto a letter to Attorney General Eric Holder urging him to speak out against the marijuana legalization initiatives on the ballot in three Western states. The former top narcs warned that silence would be seen as acquiescence.

http://stopthedrugwar.org/files/ericholder.jpg
Eric Holder
"We urge you to oppose publicly Amendment 64 in Colorado, Initiative 502 in Washington, and Measure 80 in Oregon," the former DEA chiefs wrote. "To continue to remain silent conveys to the American public and the global community a tacit acceptance of these dangerous initiatives."

Legalization at the state level would be a "direct violation of the Controlled Substance Act," they wrote. "Since these initiatives would 'tax and regulate' marijuana, there is a clear and direct conflict with federal law."

The former top narcs said they were "encouraged" by Holder's having spoken out against California's 2010 Proposition 19 and by President Obama's strong stance against legalization. They urged Holder to take a public position against the initiatives "as soon as possible."

Reuters reported that Holder's office had no comment on the letter, but former ONDCP official Kevin Sabet told the news agency he wouldn't be surprised if Holder again spoke out against legalization.

"Essentially, a state vote in favor of legalization is a moot point since federal laws would be, in (Holder's) own words (from 2010), 'vigorously enforced,'" Sabet said. "I can't imagine a scenario where the Feds would sit back and do nothing."

But marijuana legalization backers described themselves as unsurprised by the letter and were quick to strike back.

"Anyone who is objective at all knows that current marijuana policy in this country is a complete disaster, with massive arrests, wasted resources, and violence in the US and especially in Mexico," said Jill Harris, managing director of strategic initiatives for Drug Policy Action, the lobbying arm of the Drug Policy Alliance.

Similarly, Mason Tvert, co-director of the Colorado Campaign to Regulate Marijuana Like Alcohol, told The Huffington Post Monday that he expected no less from the former top narcs, but that Holder and the Obama administration would be wise to reject their call.

"It is not surprising that these men, who have made a living off of marijuana prohibition, want their successors to continue profiting from the existence of the underground marijuana market," Tvert wrote. "They just want to keep billions of taxpayer dollars flowing to their buddies. They know that marijuana prohibition isn't really improving public safety; just as our nation's streets weren't safer when Al Capone and his cohorts controlled the alcohol trade," he added.

"For Eric Holder to act as the mouthpiece for these old school warriors of the irrational war on marijuana that is rapidly losing public support would be sending a message to tens of thousands of passionate supporters of Amendment 64 that their opinions do not matter," Tvert warned the administration. "He will be telling them that Colorado must continue to live under a system of marijuana prohibition not because it makes sense, but because the federal government demands it. Most people accept the view that drug prohibition has been a colossal failure."

What will Holder do? Time will tell.

Colorado Marijuana Legalization Initiative Maintains Nine-Point Lead

Two months out from election day, positions appear to be hardening in the battle over legalizing marijuana in Colorado. A new Public Policy Polling survey shows Amendment 64, which would legalize and regulate marijuana like alcohol, maintaining the same nine-point lead it held last month.

Amendment 64 ad aims to reassure parents about teen marijuana use.
According to the poll results, both support -- at 47% -- and opposition -- at 38% -- remain unchanged. That's both good and not so good news for the legalization campaign. The good news is that the initiative remains ahead; the not so good news is that it isn't above 50%. But undecided voters would have to break 4-1 against the initiative for it to fail, if all of them vote yes or now and if the PPP numbers hold up.

PPP noted that the ballot language could be somewhat confusing, so it also asked a general question about marijuana legalization. That polled slightly higher, with 49% saying they approved and 43% saying they didn't.

That 43% who oppose marijuana legalization in general will likely represent the minimum "no" vote in November. Now, the initiative campaign must maintain the support it currently has while picking up some of those 15% of the voters who are undecided.

Drug Policy in the 2012 Elections I: The Initiatives [FEATURE]

The Labor Day weekend has passed, summer is behind us, and the November elections are just two months away. When it comes to drug policy and the 2012 elections, there is plenty on the table. This week, we're going to give you an overview all the drug-related campaigns (and we'll be counting on readers to let us know if we've missed anything), followed by some general discussion about the prospects for the fall and the state of the drug reform movement this election season.

Next week, we'll look at election races of interest, from the local races to the presidency, and In the weeks between now and election day, we will be doing in-depth reports on all the statewide initiative campaigns, as well as devoting as much attention as we can to some key local races and initiative campaigns.

Here's what we've got going for November 2012:

Marijuana Legalization Initiatives

Colorado -- 
Amendment 64 would allow adults 21 and over to possess up to an ounce of marijuana or six marijuana plants, three of which could be mature. It would create a system of state-licensed cultivation, manufacturing, and testing facilities and state-licensed retail stores. Local governments would have the option of regulating or prohibiting such facilities. The amendment would also require the state legislature to enact legislation governing industrial hemp cultivation, processing, and sale, and to create an excise tax on wholesale marijuana sales. The first $40 million of that annual revenue would be dedicated to building public schools.

Oregon -- Measure 80, the Oregon Cannabis Tax Act (OCTA), would create an Oregon Cannabis Commission to regulate the cultivation and sale of marijuana, but not industrial hemp, which would be allowed, but not regulated by the commission. The commission would grant licenses to cultivate marijuana for sale to it by "all qualified applicants" and would sell marijuana at state retail stores at prices it determines. Medical marijuana patients would have their medicine provided at cost. The OCTA would supersede all state and local laws regarding marijuana, except for impaired driving laws, leaving personal possession and cultivation by adults unregulated.

Washington -- Initiative 502 would legalize the possession of up to an ounce of marijuana by adults 21 and over, but does not allow for personal cultivation, except by or for medical marijuana patients. It would license marijuana cultivation and retail and wholesale sales, with restrictions on advertising. Regulation would be the remit of the state liquor control board, which would have to come up with rules by December 2013. The measure would create a 25% excise tax on marijuana sales, with 40% of revenues dedicated to the general fund and 60% dedicated to substance abuse prevention, research, and healthcare. It would create a per se driving under the influence standard of 5 nanograms of THC per milliliter of blood.

Medical Marijuana

Arkansas -- 
The Arkansas Medical Marijuana Act would allow patients suffering from specified diseases or medical conditions to use marijuana with a doctor's recommendation. It envisions a system of state-licensed nonprofit dispensaries, and would allow patients or their caregivers to grow their own only if they are not within five miles of a dispensary. In that case, patients could grow up to six flowering plants. Patients could possess up to 2 ½ ounces of marijuana.

Massachusetts -- Question 3, would allow people suffering from a debilitating medical condition to use medical marijuana upon the recommendation of a doctor with whom they have a bona fide relationship. Patients could possess up to a 60-day supply -- what constitutes that supply will be determined by the Department of Health. The initiative would also set up a system of nonprofit medical marijuana cultivation and distribution centers.

Montana -- Initiative Referendum 124 would undo the gutting of the state's medical marijuana program through the passage last year of Senate Bill 423. That bill replaced the voter-approved medical marijuana program, which allowed for dispensary sales, with a new scheme that limited providers to serving only three patients, prohibited providers from accepting anything of value in exchange for products or services, granted local governments the power to regulate providers, tightened standards for demonstrating chronic pain, and demanded reviews of doctors who certified more than 25 patients in a one-year period.

North Dakota -- the medical marijuana initiative is not yet a done deal as we go to press. [Update: North Dakota officials announced Thursday that the measure has failed to make the ballot after several university student signature gatherers were caught faking signatures.] Proponents needed 13,500 valid signatures and handed in more than 20,000 on August 7. State officials had 30 days from then to validate signatures. Patients could possess up to 2 ½ ounces of usable marijuana and grow up to 12 plants in an enclosed space. Caregivers could grow for one or more patients, provided they grew no more than 30 plants. The state would regulate medical dispensaries and the marijuana cultivated for them.

Sentencing

California --
Proposition 36 would reform the state's three strikes law, which allows a life sentence for a third felony conviction. The measure would allow life sentences only if the new felony conviction is "serious or violent," authorize re-sentencing for lifers if their third conviction was not "serious or violent" and if a judge determines their release would not pose an unreasonable risk to public safety, allow life sentences if the third conviction was for "certain non-serious, non-violent sex or drug offenses or involved firearm possession," and keep the life sentence for felons whose previous convictions were for rape, murder, or child molestation. If approved by voters, some 3,000 three strikes lifers could seek reductions.

Local Initiatives

California --
A number of towns, mostly in the San Diego area, will vote on local initiatives to allow medical marijuana dispensaries. Those include Del Mar, Imperial Beach, Lemon Grove, and Solana Beach, as well as Palo Alto. The town of Dunsmuir will vote on whether to loosen cultivation regulations.

Colorado -- Fort Collins will be voting on whether to overturn the ban on dispensaries voted in last November, and Berthoud will be voting on whether to allow dispensaries.

Massachusetts -- In a continuation of work done in the past six election cycles, voters in a number of legislative districts will be asked a non-binding public policy question. In the First Essex and Middlesex Senate District, the Eighth Essex House District, and the Twenty-Second Essex House District voters will be asked whether they support repeal of the "federal prohibition of marijuana, as the 21st Amendment repealed national prohibition of alcohol, so that states may regulate it as they choose?" Voters in the Second Middlesex Senate District, the Middlesex and Suffolk Senate District, and the Second Berkshire House District will answer a similar question.

Michigan -- Voters in Detroit and Flint will vote on marijuana legalization initiatives, voters in Grand Rapids will vote on decriminalization,  Kalamazoo will vote on an initiative to allow dispensaries, and Ypsilanti will vote on a lowest law enforcement priority initiative.

Washington -- Voters in six cities -- Bellingham, Bremerton, Everett, Kent, Olympia, and Spokane -- will vote on initiatives to make marijuana the lowest law enforcement priority and prohibit local officials from cooperating with federal marijuana law enforcement activities.

The lineup of state and local initiatives has some drug reform movement spokespeople feeling pretty good.

"I think at least one state will make marijuana legal for adults this election cycle," said Marijuana Policy Project communications director Morgan Fox. "The fact that we're discussing so many initiatives is a sign of progress. As things progress and people get increasingly sick of marijuana prohibition, we will see more and more states considering this every election cycle, and it will become more of an issue for candidates," he added.

"Politicians are starting to realize they can use this to their advantage and ignore at their peril," said Fox. "Many of them, though, don't realize how much of an effect it can have on their elections -- just ask the former US Attorney in Oregon, Dwight Holton. He didn't think his stance against medical marijuana would cost him the primary, but it did."

"I sincerely hope that one of these passes and raises the debate to whole new level, and maybe takes some of the heat off of California," said Dale Gieringer, head of California NORML. "These are states when you can have a good campaign for a reasonable amount of money that the drug reform movement can put up. A million dollars or two doesn't get you very far in California."

But at least one of those legalization initiatives needs to win this year, he said. "If pot gets wiped out in the elections, it's going to be tougher to win down the road."

"The sheer number of initiatives that are on the ballot and viable this cycle shows the momentum that the movement toward legalizing marijuana has," said Tamar Todd, assistant director for national policy at the Drug Policy Alliance. "That momentum is also reflected in other ways -- in terms of the dialog we're hearing, the high support for legalization across the board, the rejection of the drug war polices of the past," she said.

"When you look in certain areas, such as the Northeast and the West, the numbers are even higher," Todd continued. "In 2010, we had a legalization initiative in California; this year we have them in three states, plus three or four medical marijuana initiatives. The number and their viability represent a real shift taking place in public opinion.  The end result, no matter what happens this election cycle, is that in two years and every two years, the number and viability will continue to increase until there is actually sufficient change happening at the state level to start pushing the federal government to change its policies."

The initiatives are on the ballot. Now, they need to win.

Montana's First Caregiver for Medical Marijuana Dies in Prison

The first person to register as a caregiver under Montana's now gutted medical marijuana program has died in federal prison. Richard Flor, 68, died at a Bureau of Prisons facility outside Las Vegas last Wednesday just a few months into a five-year federal prison sentence.

Flor, his wife, Sherry, and his son, Justin, operated a caregiver business from their home and at a Billings dispensary. Flor was also the co-owner of Montana Cannabis, one of the state's largest medical marijuana providers until it was raided by the DEA as part of the massive raids in March 2011.

Although there were no allegations of Flor or his family violating state laws, they could not escape the wrath of the federal government. All three were found guilty of drug-related charges and were sentenced to prison terms. Sherry Flor got two years for keeping the books and tending plants, while Justin Flor got five years for running the Billings dispensary.

US District Court Judge Charles Lovell sentenced Flor to years in federal prison despite testimony that he was suffering from a variety of illnesses, including dementia, diabetes, hepatitis C, and osteoporosis. Lovell did recommend that Flor "be designated for incarceration at a federal medical center" where his "numerous physical and mental diseases and conditions can be evaluated and treated."

That didn't happen, according to the Billings Gazette two days after Flor died. Although he had been taken into the custody of US Marshals in May, he spent all but the final days of his life at a private correctional facility in Shelby, Montana, while the federal Bureau of Prisons decided where to place him.The Las Vegas federal facility where he died was a transfer center, not his final destination at a BOP medical facilty, which he never knew or reached.

Flor died after a pair of massive heart attacks, according to his daughter.

Three other founding members of Montana Cannabis also face long prison sentences, including activist and political consultant Tom Daubert, who helped run the initiative campaign that brought medical marijuana to the state via the popular vote. At least a dozen other Montana medical marijuana providers have also been convicted on federal drug charges.

As the DEA was busily decimating the state's burgeoning medical marijuana industry in 2011, Republican lawmakers were also moving to destroy it, and largely succeeded, passing legislation that all but gutted it. But medical marijuana proponents are fighting back. They have qualified the Montana Medical Marijuana Initiative, I-124, for the November ballot. It would repeal the bill passed by the legislature last year.

Las Vegas, NV
United States

Medical Marijuana Update

The battle of Los Angeles continues, Arizona prosecutors don't like their medical marijuana law, and a bill is pre-filed in Kentucky. There's also lots more going on. Let's get to it:

Arizona

Last Thursday, state and county prosecutors challenged the medical marijuana program in court. Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery asked a court hearing a dispensary application case to rule that the voter-approved law is illegal because it conflicts with federal drug laws. The Republican prosecutors are specifically targeting the dispensary provisions of the law, but argued in court that all aspects of the state law violate federal drug laws. In the case at hand, a would-be Maricopa County dispensary is suing the county because officials wouldn't provide zoning clearances required under the law. The officials had been advised by Montgomery that county employees could face prosecution for aiding and abetting drug crimes.

Arkansas

As predicted last week, Arkansas state officials announced that a medical marijuana initiative has qualified for the ballot. The Arkansas Medical Marijuana Act would allow patients suffering from specified diseases or medical conditions to use marijuana with a doctor's recommendation. It envisions a system of state-licensed nonprofit dispensaries, and would allow patients or their caregivers to grow their own only if they are not within five miles of a dispensary. In that case, patients could grow up to six flowering plants. Patients could possess up to 2 ½ ounces of marijuana.

California

Last Wednesday, Los Angeles asked the DEA to help it shut down dispensaries. The request came from Councilman Bernard Parks, who filed a successful motion with the council. Parks is a former LA police chief. The council recently voted to close down all dispensaries in the city, although that is likely not the end of the affair (see below).

Also last Wednesday, a judge in Riverside ruled that the city can't ban a dispensary. Riverside County Superior Court Judge John Vineyard dissolved an injunction to shut down a dispensary in the city, agreeing that current law makes local government closures of the clinics unconstitutional. The decision affects The Closet Patient Care dispensary on Elizabeth Street in Riverside, but could be a precedent for other cases in the city. The city immediately said it would appeal the ruling.

Also last Wednesday, a Costa Mesa collective filed suit against the city over its ban on dispensaries. The Green Health Association argues that the city cannot legally ban nonprofit collectives and says it is operating with the state attorney general's guidelines. 

Also last Wednesday, the city of Chowchilla banned public medical marijuana use. It passed an ordinance limiting smoking or any other type of medical marijuana consumption to inside a private residence and requiring all cultivation to take place in an enclosed, locked area.

Also last Wednesday, the California Supreme Court dismissed Pack vs. Long Beach, a case that could have decided whether cities can lawfully regulate medical marijuana. The court held the case was moot after the attorney for the petitioners abandoned his original argument that Long Beach's short-lived rules to allow and regulate medical marijuana violated federal law. The state Supreme Court is still considering several other cases that will determine the power of cities to ban collectives or dispensaries.

On Tuesday, word spread that the Berkeley Patients Group would reopen in a new location. The iconic dispensary had been forced to close in May after federal prosecutors threatened its landlord with seizure of his property. The new location is just four blocks from its original location on San Pablo Avenue. No opening date has been set at the new site and officials from Berkeley Patients Group refused to go on record about their plans.

Also on Tuesday, Butte County's effort to ban outdoor grows hit a bump in the road. Butte County District Attorney Mike Ramsey surprised supervisors by announcing the ordinance was unconstitutional as written. The ordinance envisioned charging violators with a misdemeanor, but the prosecutor said that was the domain of state law, not county ordinances. Now, it's back to the drawing board for the supervisors.

Also on Tuesday, the Wheatland city council banned dispensaries within the city limits. It passed two ordinances, one banning dispensaries and the other barring outdoor grows within the city limits and setting conditions on indoor ones.

On Wednesday, activists in Los Angeles turned in more than 50,000 signatures on petitions seeking a referendum to overturn the city council's recently-passed ban on dispensaries. The city now has 30 days to either rescind the ban or to call a special election to let the voters decide. That could come in March or May.

Kentucky


On Monday, state Sen. Perry Clark (D-Louisville) pre-filed a medical marijuana bill for the 2013 session. He said he wanted to get a head start on building support in the legislature.

Montana

On Tuesday, the co-founder of Montana Cannabis agreed to plead guilty to a federal drug charge related to 2011 raids on dispensaries across the state. Chris Lindsay faces up to 20 years in federal prison for conspiracy to operate a drug-involved premises. Lindsay said he copped to the plea agreement to avoid other pending charges and because earlier court rulings made it clear he would not be able to testify about his belief that Montana Cannabis was in compliance with the state’s law. Lindsay is also the public face of the Montana Cannabis Industry Association, which has filed a lawsuit to block portions of the law rewritten by the Republican legislature and which is backing a referendum asking voters to repeal the law. That referendum will be on the November ballot.

Oregon

On Sunday, activists said they would try to get PTSD added to the medical marijuana list of qualifying conditions. Two previous efforts have failed. This time, the push is being led by veteran's groups. Oregon is home to some 300,000 veterans.

Washington

Last Thursday, the DEA sent threat letters to 23 dispensaries operating near schools. In the letters to the dispensaries, DEA Special Agent-In-Charge Matthew Barnes contended the dispensaries could face the seizure and forfeiture of assets, as well as criminal prosecution. The letter informs dispensary operators and property owners to cease the sale and distribution of marijuana within 30 days.

Massachusetts Medical Marijuana Initiative Polling Very Well

It looks like Massachusetts is set to become a new medical marijuana state. According to a new Public Policy Polling survey, the medical marijuana initiative there has the support of 58% of likely voters, while only 27% say they plan to vote against it.

The initiative, which will appear on the November ballot as Question 3, would allow people suffering from a debilitating medical condition to use medical marijuana upon the recommendation of a doctor with whom they have a bona fide relationship. Patients could possess up to a 60-day supply -- what constitutes that supply will be determined by the Department of Health. The initiative would also set up a system of nonprofit medical marijuana cultivation and distribution centers.

The initiative is being championed by the ACLU of Massachusetts, the Committee for Compassionate Medicine, and the Massachusetts Patient Advocacy Alliance.

The PPP survey found that Question 3 is winning broad support among Democrats (67%) and independents (55%), but also surprisingly high support (46%) among Republicans. Following the pattern in other states, support was stronger among men (61%) than women (55%) and stronger among people describing themselves as very liberal (77%), liberal (67%), and moderate (60%), than among those describing themselves as conservative (41%) or very conservative (37%).

Even if all the undecided voters (15%) joined those saying they will vote no, the measure would still win by 16 percentage points. Some drop-off in support is to be expected as election day nears and the opposition mobilizes, but it looks very likely that there will be at least 18 states to approve medical marijuana as of November.

MA
United States

NAACP Regional Chapters Endorse CO, OR, WA Marijuana Initiatives

All three marijuana legalization initiatives on state ballots this year have won the endorsement of National Association for the Advancement of Colored People (NAACP) regional organizations this week. Last Wednesday, the Colorado, Montana, and Wyoming conference of the NAACP endorsed the Colorado initiative, and last Friday, the Alaska, Washington, and Oregon conference of the NAACP endorsed the Washington initiative. That same conference endorsed the Oregon initiative earlier this month.

The Colorado initiative, Amendment 64, has already won the support of a growing list of organizations, including the Democratic and Libertarian Parties of Colorado, the Colorado Criminal Defense Bar, and the Colorado Criminal Justice Reform Coalition. Similarly, the Washington initiative, I-502, also has a growing list of endorsers, including the King County (Seattle) Bar Association, the Washington State Labor Council of the AFL-CIO, the Green Party, the state Democratic Party, and numerous county and local Democratic Party groups. Likewise, the Oregon initiative, Measure 80, is busily picking up endorsements as well, including that of the Libertarian Party presidential ticket.

"In ending the prohibition against adult use of marijuana, we might affect mass incarceration and its disproportionate impact on African-Americans and other people of color," said Rocky Mountain states regional NAACP president Rosemary Harris-Lytle.

"Treating marijuana use as a crime has not only failed, it has perpetuated racial inequities through unequal enforcement," said Pacific Northwest regional president Oscar Eason, Jr.  "African Americans are no more likely than whites to use marijuana, but we are much more likely to be arrested for it."

Every endorsement counts in what will be a nail-biter of a campaign in both states. According to recent polls, the Colorado and Washington initiatives are leading, but are only hovering around the 50% support level. It takes 50% plus one to win, and veteran initiative watchers say initiatives should be polling at least 60% as the campaigns head into the home stretch because some support is soft and likely to be peeled off by last minute opposition campaigning.

In Colorado, an early August Public Policy Polling survey of likely voters had Amendment 64 leading 49% to 40% and trending upward from an earlier PPP poll that had it leading 46% to 42%, but still not over 50%. In Washington, a July Public Policy Polling survey had I-502 leading 50% to 37% and trending upward over an earlier PPP poll that had it leading 47% to 39%, but still not over 50%. The battle looks to be a little tougher in Oregon, where a July Public Policy Polling survey asking a generic question about whether marijuana should be legalized had 43% saying yes and 46% saying no.

Look for in-depth reporting on these three marijuana legalization initiatives and their prospects after the Labor Day holiday.

Medical Marijuana Initiative Makes Ballot in Arkansas

An Arkansas initiative to legalize medical marijuana appears has qualified for the November ballot, state officials announced Monday. After a first round of signature-gathering came up short, the group sponsoring the initiative, Arkansans for Compassionate Care, redoubled its efforts, turning in some 74,000 signatures in a bid to come up with the 26,000 additional valid voter signatures it needed to qualify. That did the trick.

"Our office verified over 69,000 signatures for Arkansans for Compassionate care," the secretary of state's office announced Monday afternoon. The group needed more than 62,000 valid signatures to qualify.

That means Arkansas will become the first southern state to vote directly on whether to okay the use of medical marijuana. Voter initiatives to legalize medical marijuana have never failed, with one exception: South Dakota, which twice turned them back.

The Arkansas Medical Marijuana Act would allow patients suffering from specified diseases or medical conditions to use marijuana with a doctor's recommendation. It envisions a system of state-licensed nonprofit dispensaries, and would allow patients or their caregivers to grow their own only if they are not within five miles of a dispensary. In that case, patients could grow up to six flowering plants. Patients could possess up to 2 ½ ounces of marijuana.

Seventeen states and the District of Colombia already recognize the medical use of marijuana. Voters in Arkansas will by joined by voters in Massachusetts in deciding in November whether to join the ranks of the medical marijuana states.

Little Rock, AR
United States

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