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Colombia to Enact Drug Decriminalization

The government of Colombian President Juan Manuel Santos is preparing legislation that will set "personal dose" amounts for drugs that will allow for their possession without the possibility of arrest or prosecution, the Bogota newspaper El Tiempo reported Tuesday. The decriminalization legislation could be presented as early this week, the newspaper said in its exclusive report.

Colombian President Juan Manuel Santos (wikimedia.org)
Colombia was the first Latin American country to decriminalize drug possession after a ruling by its Constitutional Court in 1994. But during the presidency Santos' predecessor, Alvaro Uribe, the government amended the constitution to criminalize drug use, effectively re-criminalizing drug possession.

Last year, the Colombian Supreme Court threw out Uribe's changes, ruling that the possession of small quantities of drugs for personal use was a constitutional right. This pending legislation recognizes last year's ruling and actualizes it by setting the "personal dose" amounts.

The 56-page document seen by El Tiempo sets the "personal dose" amount at five grams for marijuana and one gram for cocaine. It also sets "personal dose" amounts of 200 milligrams, or three pills, for amphetamine-type stimulants, such as methamphetamine and MDMA.

The five gram limit for marijuana is only one quarter the amount originally decriminalized, and has led some in Colombia to worry that it is too low.

"More consumers, for example, a young man traveling to a farm who carries more than five grams (hardly more than three or four joints) could be prosecuted as drug traffickers," warned Julian Quintero, director of Social Action, a group that works with young drug users.

The move by the Santos government comes as Santos prepares to lead a discussion on drug legalization and other alternatives to prohibition at the forthcoming Summit of the Americas in Cartagena next month. Pressure for serious discussions of legalization and its alternatives has been building in the region in recent weeks.

Bogota
Colombia

Chronicle Book Review: "The Marijuana Conviction"

 

http://stopthedrugwar.org/files/the-marijuana-conviction-200px.jpg
The Marijuana Conviction: A History of Marijuana Prohibition in the United States, by Richard J. Bonnie and Charles H. Whitebread II (1999, Lindesmith Center Press, 368 pp.)

I don't customarily review books that aren't hot off the presses, and The Marijuana Conviction is even older than that 1999 publication date above, considerably so. In fact, it was originally published by the University of Virginia Press in 1974, back when Richard Nixon was still president. But we got our hands on a bunch of copies of it that we intend to share with our supporters, so I thought I would take a look.

I'm glad I did. Although I consider myself fairly well-read on the topic of marijuana law reform, I came away with a refreshed appreciation for the tumultuous social currents and historical happenstance that forged pot prohibition in the first place, the role of race and class, the opinion-shaping power of early media and political opportunists, and the bureaucratic maneuvering that enabled Harry Anslinger to shepherd the 1937 Marijuana Tax Act into law, enacting for the first time a federal ban on marijuana.

This is a foundational text for serious scholarship about the making of marijuana policy in America. Bonnie and Whitebread were University of Virginia law professors, and Bonnie had just finished a stint as Assistant Director of the Shafer Commission, which had been appointed by Nixon to examine the nation's drug policies (and was ignored by him when he didn't like what it had to say). The Marijuana Conviction first took form as an appendix to the commission report in 1972, and Bonnie and Whitbread spent the next year or so expanding and revising it into its published form.

We're talking primary documents here. Departmental memoranda from the Federal Bureau of Narcotics, congressional testimony, state legislative hearings, and the like. It may sound dry, but it will be deeply fascinating and thought-provoking for serious marijuana policy wonks and even just pot history buffs.

And it's not all dusty documents. There is detailed social and cultural history, and there are extensive references to the lurid and outlandish press coverage of murderous marijuana maniacs and the campaign that percolated up from the states to criminalize the demon weed.

For that was the original charge against marijuana: It will enslave you, it will drive you to commit horrible crimes, and it will drive you insane. Bonnie and Whitebread devote much space to describing how such a view of marijuana emerged, and they tie it squarely to attitudes toward racial outsiders -- first the Chinese and the opium laws, then the Mexicans and blacks with the marijuana laws.

It doesn't paint a very appealing picture of American political decision-makers, whether it's lawmakers in Montana laughing as they voted to outlaw marijuana after testimony that consisted of a joking anecdote about how after Mexicans smoked it, they thought they were the Emperor of Mexico and wanted to assassinate their political enemies, or bureaucrats in Washington -- and not just Anslinger -- who deliberately covered up or suppressed information that didn't fit the emerging "marijuana menace" consensus.

It does, however, provide fascinating insight on the back-and-forth, both between Washington and the states and among the competing bureaucratic and political interests in Washington as that consensus concretized in harsh state and federal laws against marijuana.

But reading The Marijuana Conviction now, nearly four decades after the fact, leaves one feeling appalled and frustrated, too. Because not only do Bonnie and Whitebread describe the prohibitionist marijuana consensus -- that pot is addictive, criminogenic, and psychosis-inducing -- of the 1920s and 1930s, they also describe its disintegration in the 1960s. Of course, that consensus only crumbled when marijuana use spread to middle- and upper-class white youth, provoking not only the concern of well-placed parents, but also the interest of scientists and researchers who were just unable to find all of those pot-addled, blood-stained psychos.

But crumble it did. Almost a half century ago, the supposed scientific and medical basis for marijuana prohibition was exposed for the sham it was. At the time, Bonnie and Whitebread were too cautious, too professorial, to call for immediate "regulation" instead of prohibition. But as a first step, they demanded, at an absolute minimum, decriminalization.

In the decade in which they wrote, the reform impetus flourished, and 11 states actually did decriminalize. But since then, progress stalled, then came to a screeching halt during the Reaganoid dark ages of "Just Say No" and "This is your brain on drugs." It is only in about the last 15 years that the marijuana reform movement has begun moving forward again, now with ever increasing momentum.

But even with all that's gone on since the groundbreaking passage of Proposition 215 in California in 1996, marijuana is still illegal. The number of states that have even decriminalized is still in the teens, and while Bonnie and Whitebread waxed indignant about 250,000 people being arrested for pot each year, that number is now north of 800,000.

The Marijuana Conviction can't tell us how we can get out of this mess, although a close reading should yield some insights, but it certainly and artfully shows how we got into it. This is a must-have for any serious student of marijuana's bookshelf.


New Hampshire House Passes Marijuana Decriminalization Bill

The New Hampshire House barely passed a marijuana decriminalization bill last Thursday. The bill squeaked by on a 162-161 vote, not enough to overcome a threatened veto by Gov. John Lynch (D).

New Hampshire State Capitol, Corcord (wikimedia.org)
Supporters were able to win passage only after Republican House Speaker Bill O'Brien abstained, allowing the one-vote victory.

The bill, House Bill 1526, would make possession of less than a half-ounce of marijuana a civil infraction for the first and second offenses, with fines capped at $250 and $500, respectively. Subsequent offenses would be misdemeanors punishable by up to a year in jail and a $1,000 fine. Current law specifies up to a year in jail and a $2,000 fine for any simple marijuana possession offense.

The bill is "a measured and calculated reduction in penalties," wrote Rep. Kyle Tasker (R-Nottingham) in a report on the measure he wrote for the Criminal Justice Committee, which earlier approved it. It has worked well in neighboring states that have adopted it, he added.

But Gov. Lynch has promised to veto the measure if it makes it past the Senate.

"Marijuana is a controlled drug that remains illegal under federal law. New Hampshire parents are working to keep their kids away from marijuana and other drugs. We should not make the jobs of parents -- or law enforcement -- harder by sending a false message that some marijuana use is acceptable," Lynch spokesman Colin Manning told the Associated Press after the vote.

Fourteen states have decriminalized marijuana possession, including New Hampshire neighbors Massachusetts, Maine, and Connecticut.

Concord, NH
United States

Massachusetts Marijuana Legalization Bill Gets Hearing

A bill that would legalize the possession of and commerce in marijuana got a hearing at the Massachusetts legislature's Joint Committee on the Judiciary Tuesday. While even the bill's sponsor conceded it was unlikely to pass, it helps lay the groundwork for a proposed marijuana legalization initiative down the line.

Massachusetts State House, Beacon Hill, Boston (wikimedia.org)
Marijuana possession was decriminalized by popular vote in 2008, but people can still be fined and have their marijuana seized, and marijuana commerce remains illegal.

The bill, House Bill 1371, sponsored by Rep. Ellen Story (D-Amherst), would legalize marijuana and "establish a tax on the cannabis industry."

"The state needs to make money," Story told her colleagues in the committee. "This would allow the state to benefit from marijuana by regulating it."

Story said she decided to sponsor the bill after a non-binding resolution to legalize marijuana won the approval of 70% of her constituents in the 2010 municipal elections.

"There are a number of legislators who said to me privately that they think it is an excellent idea, but they are nervous about saying it publicly," Story said. "Nobody wants to be seen as soft on drugs."

But some committee members were skeptical.

"If it's OK with marijuana, should we legalize cocaine and LSD?" asked Rep. Sheila Harrington. "I'm not sure that the justification is people are breaking the law all the time and we should just open it up."

Also testifying was Suffolk University senior and campus NORML head Sean McSoley. He related how he was stabbed six times on Boston Commons by men who wanted to take his bag of weed.

"There is nothing about marijuana that makes people violent," he said. "The prohibition is the reason for the crime surrounding marijuana and not the plant itself. This would have never happened if it were a pack of cigarettes or a six pack of beer," he said. "By legalizing this plant, these incentives to rob and kill would no longer exist."

Professional anti-reform activist Kevin Sabet, this time wearing the cap of the Massachusetts Prevention Alliance, testified that the bill was unnecessary, it would increase drugged driving accidents, and it would cause mental health issues.

"There's no need for legalization," Sabet said. "No one's going to jail for small amounts. If we're worried about Big Tobacco, we need to be worried about Big Marijuana because they're going to be coming up right behind them."

No vote was taken and the bill remains in committee.

Boston, MA
United States

In Mexico, Biden Rejects Drug Legalization Talk

On the first day of a two-day trip to consult with Mexican and Central American leaders Monday, US Vice President Joe Biden was quick to pooh-pooh any talk about drug legalization. The topic has become an increasingly hot one in the region, as Mexico's drug wars bleed over into its neighbors to the south, and some regional leaders are now calling for discussion of legalization.

Joe Biden
"It's worth discussing, but there is no possibility the Obama/Biden administration will change its policy on legalization," he said after meeting with Mexican President Felipe Calderon.

"It's worth debating in order to lay to rest some of the myths that are associated with the notion of legalization. The debate always occurs, understandably, in the context of serious violence that occurs with the society, particularly in societies that don't have the institutional framework and the structure to deal with organized, illicit operations," he said in remarks reported by the Associated Press and McClatchy Newspapers.

Biden, who said he had spent "thousands of hours" at Senate hearings on the issue, said that while drug legalization could do positive things like reducing prison populations, it would lead to more drug use, health problems, and even more bureaucracies.

"It impacts on a country's productivity. It impacts on the health costs of that country. It impacts on mortality rates," Biden said. He added that legalization wouldn't work "unless you are going to not only legalize but you are going to provide a government apparatus for the distribution of the drugs."

Biden's primary purpose for his visit to Mexico City was to meet with the leading contenders in the country's July 1 presidential election, but that has been overshadowed by the legalization debate heating up in the region.

Colombian President Juan Manuel Santos last fall called for an international discussion of drug legalization, but said he would be crucified if he led it. Last month, Guatemalan President Otto Perez Molina, a right-leaning former military officer, called for regional discussions on the issue, and picked up support from Costa Rican President Laura Chinchilla last week, but not Honduran President Porfirio Lobo or Panamanian leader Richardo Martinelli. Salvadoran President Mauricio Funes first signaled support, but then wavered, while Nicaraguan President Daniel Ortega has yet to announce a position.

All the Central American leaders will meet with Biden Tuesday.

Santos will host the Summit of the Americas April 14-15 in Cartagena, Colombia. He has said drug policies should be debated then. Perez Molina also wants the discussion to get underway there. President Obama is expected to be in attendance.

Mexico City
Mexico

Napolitano Insists Mexico Drug War Not a Failure

Department of Homeland Security Secretary Janet Napolitano defended hard-line US drug policies and Washington's approach to prohibition-related violence in Mexico Monday even as Central American leaders prepare to discuss decriminalizing or legalizing the drug trade. Napolitano spoke in Mexico City, on the eve of a trip to Guatemala, where President Otto Perez Molina has recently led the call for a new model.

Janet Napolitano
Napolitano signaled continued support for Mexican President Felipe Calderon, who called out the army to fight the cartels in December 2006. Since then, despite numerous arrests or killings of major cartel figures, the trade continues seemingly untouched, and the death toll has climbed to more than 50,000.

In recent years, under pressure in Mexico, the cartels have also pushed into Central America, causing upticks in violence and increased trafficking activity throughout the isthmus.

"I would not agree with the premise that the drug war is a failure," Napolitano said in remarks reported by Reuters, among others. "It is a continuing effort to keep our peoples from becoming addicted to dangerous drugs."

Napolitano compared the so far fruitless hunt for Sinaloa cartel head Joaquin "El Chapo" Guzman to the search for Osama bin Laden. She said Mexico and the US would persevere until they got their man.

"It took us 10 years to find Osama bin Laden and we found him, and you know what happened there," Napolitano said. "This has to be handled in a somewhat different way. It's a different type of crime and it's a different type of plague, but that's also why it is so important that we act not only binationally, but in a regional way, to go after the supply of illegal narcotics," she noted.

Guatemala's Perez has a different idea. He wants a regional debate on drug policy, including discussion of legalization and decriminalization, and it looks like he will get his wish at a Central American summit in April.

"What we are putting on the table... although we know some are against it, is decriminalization," Perez said earlier this month. "We have to study the issue of production, the issue of transport and also consumption," he said at a separate event.

Review Essay: The Border and Mexico's Drug Wars

Border Junkies: Addiction and Survival on the Streets of Juarez and El Paso, by Scott Comar (2011, University of Texas Press, 214 pp., $24.95 PB)

Border Wars, by Tom Barry (2011, MIT Press, 171 pp., $14.95 HB)

Dealing Death and Drugs: The Big Business of Dope in the US and Mexico, by Beto O'Rourke and Susie Byrd (2011, Cinco Puntos Press, 119 pp., $12.95 PB)

El Sicario: The Autobiography of a Mexican Assassin, edited by Molly Molloy and Charles Bowden (2011, Nation Books, 209 pp., $15.99 PB)

In addition to an ever-increasing death toll, now more than 50,000 since President Calderon sent in the army in December 2006, Mexico's drug wars are generating an increasing level of concern and interest in the US, including a burgeoning literature. Next week, we'll review a trio of new works that seek to describe the emergence and significance of the so-called cartels, but this week, we look at a quartet of books that focus on the drug wars (and the drug scene) along the border.

If there's anywhere in America more attuned to the Mexican drug wars -- by which I mean the prohibition-related violence among competing drug trafficking organizations, between them and Mexican law enforcement and the military, and, sometimes, even between different factions of the Mexican security apparatus -- it's El Paso, just across the Rio Grande from one of the epicenters of the drug trade and the violence, Ciudad Juarez.

That's reflected in these titles. One is written by a pair of El Paso politicians, two more are largely set in the El Paso-Ciudad Juarez bi-national metroplex, and the last covers the US border region of which El Paso is front and center. The view from El Paso, staring across the river at the killing and mayhem, can be frightening, but also enlightening.

In Dealing Death and Drugs, El Paso city council members Susie Byrd and Beto O'Rourke (he of the famous city council resolution calling for a discussion of legalization and now running for Congress) bring a home-town perspective on the drug wars, provide some lessons on the economics of the illicit marijuana business and present a concise, yet cogent, argument for legalizing weed as a means of weakening the cartels and reducing the violence.

Marijuana is critical for the cartels, Byrd and O'Rourke argue, because unlike cocaine, which must be purchased from producers elsewhere or methamphetamine, which requires imported precursor chemicals, the cartels control it from farm to market, generating profits each step of the way. They take you from the pot fields of the Sierra Madre Occidental, where a pound costs $23 to Juarez, where it goes for $73 a pound. Getting it past the border and into El Paso drives the price up to $240, and getting it past the Border Protection Service checkpoints a few miles into Texas gets it to its final US wholesale price of about $550 a pound.

US and Mexican law enforcement seized or eradicated 22 metric tons of Mexican weed in 2008, Byrd and O'Rourke note. That's as much as 90% of high end estimates of all the pot smoked in the US, which means either those estimates are way low or that the business is way profitable. And throwing billions of dollars at the problem through law enforcement hasn't helped.

Legalizing, regulating, and taxing the marijuana market is "the least bad" solution, Boyd and O'Rourke write. Their argument, like the book itself, is pithy, yet compelling, and, as Boyd notes in an afterword, even Calderon is starting to come around. But not yet most policymakers in the US.

With El Sicario, we take a deep, dark turn toward the underbelly of the Mexican drug wars. Border sage and drug war critic Charles Bowden and translator and Juarez body count keeper Molly Molloy bring the terrifying realities of the business into chilling focus through their interviews with a former cartel hitman now in hiding with a contract on his head. This may be the single scariest book I've read about the Mexican drug wars, not for its calm and collected accounts of horrifying acts of brutality, which can be truly stomach-turning, but for the picture it paints of absolutely corrupted and complicit law enforcement, including the military.

Can you imagine if you don't know whether that cop who just stopped you is going to write you a ticket or shoot you dead without warning, or kidnap and torture you because he's actually working for the cartels? That's the case in Mexico now. Our interlocutor in El Sicario attended the Chihuahua state police academy, rose to the rank of comandante, and underwent training by the FBI, all while carrying out killings, kidnappings, and tortures for the Juarez and Sinaloa cartels. Even more perversely, while he was running the anti-kidnapping squad for the state police, he was using police vehicles to kidnap people and transport drugs.

And he is by no means alone. According to the hit man, about a quarter of his graduating class at the police academy were on the cartel payroll -- from the very beginning of their law enforcement careers! The Mexican police are heavily salted with cartel men; it's a long-term business strategy that has paid handsomely for the cartels, but has absolutely shredded any trust the public has in state and local law enforcement there.

But it's not just rotten on the Mexican side of the border. The hit man details how he and his colleagues transported tens of millions of dollars worth of drugs across the border and how he personally paid a US Customs officer $50,000 to let cars full of drugs get through. El Sicario shows that dirty knows no borders, even if the cartels are smart enough to keep the blood-letting almost entirely south of the border.

But there are other ways US law enforcement is benefiting from the Mexican drug wars. In Border Wars, journalist and Center for International Policy analyst Tom Barry uses a series of interlocking essays to argue that since the September 2001 Al Qaeda attacks, the US has spent billions of dollars "securing the border" against a triple threat of illegal immigration, drugs, and terror, and has accomplished little good, quite a bit of bad, and plenty of stupid.

Barry opens with the death of Jesus Manuel Galindo, who died for lack of proper medical treatment in 2008 in a privately operated, publicly owned federal immigration prison in remote Pecos, Texas. He recalls that until 2006, we typically handled illegal immigration administratively, often simply deporting Mexicans back across the Rio Grande. But since then, the Bush administration began treating illegal immigration as a criminal matter, and now some 20,000 people languish in those distant prisons. Barry paints chilling, Kafkasque scenes of assembly-line "justice" where judges, prosecutors, and defense attorneys, all in the pay of the Us government, process dozens of shackled would-be immigrant laborers into the ever-expanding federal immigration detention system.

There is money to be made there, sucking off the federal teat, although more of it appears to go to lawyers, consultants, dealmakers and lobbyists than to the desperate rural towns hoping a private prison will provide them with a semblance of an economy. There's even more money to be made by border sheriffs and border state law enforcement entities in the seemingly endless billions of Department of Homeland Security dollars to fight drugs and terror.

Barry takes us to Texas and Arizona border counties where the numbers show little violent crime, but the sheriffs and politicians cry to high heaven about "spill over violence," Korans found on the border, and the threat of narco-Hezbollah conspiracies, for which there is no evidence. Some of these counties are among the poorest in the nation, lacking social and public services, yet in one of them, the sheriff's department is so awash in federal grant money that each deputy has two official vehicles, one patrol car and one SUV.

Along the way, he exposes the ugliness of border security politics and some of it practitioners, such as Govs. Rick Perry of Texas and Jan Brewer of Arizona, who use a politics of fear and hate to firm up support among their most reactionary supporters, who hype nonexistent violence on this side of the border, and who constantly tout their border security efforts "without help from Washington" even as they take in billions from Washington to pay for their loudly-touted initiatives. It's rank cynicism, opportunism, and hypocrisy at its worst, and Barry nails it.

For Barry, the central problem is our inability to enact comprehensive immigration reform, a goal always pushed further into the future as we "secure the border" first. And, he says, we have to separate national security from public safety. The gargantuan Department of Homeland Security should worry about terrorists; a separate Customs and Border Protection Service should deal with illegal immigration and drugs.

"The standard of success for our border policy shouldn’t be how completely sealed and secured our border is," he writes, "but rather how well it is regulated. New regulatory frameworks for immigration and drug consumption are fundamental prerequisites for a more cost-effective border policy." And a more sane and human one. 

Finally, with Border Junkies, University of Texas-El Paso borderlands historian Scott Comar takes us back to "the good old days" in Juarez, a decade ago, before the city earned its blood-drenched reputation. In an eye-opening work of auto-ethnography, Comar tells mainly his own story of his descent into abject addiction, in which he moved with appalling speed from owning his own moving truck to panhandling on the streets to feed his habit.

In telling his own story, though, Comar unveils a never-before-written-about world, that of the street junkies of Juarez. His account, based largely on his journal entries, details the day-to-day struggle of the border junkies, the strategies they adopt to survive and score -- and not necessarily in that order -- the kinship and friendship networks that envelop them, the heroin distribution systems that feed their insatiable appetites. For those with a taste for anthropological examinations of the junkie life, this is fascinating stuff, right up there with the work of Philippe Bourgois.

Border Junkies is notable in one other respect: I don't think there is one mention of the cartels in it. Comar recounts constant harassment by the Juarez police (and the El Paso police, too) and petty corruption, he mentions that some of his fellows belonged to gangs, though only passingly, but the existence of the cartels, the source of their dope, is so distant from their daily lives that it is as if they don't exist.

Of course, that was before the death toll in Juarez started climbing to thousands every year. Now those street gangs that in Comar's time seemed to be engaged mainly in minor thuggery, a little smuggling, and posing with pistols have, in the pressure cooker of the Mexican drug wars, morphed into true killing machines like Barrio Azteca, the Artist Assasins, and La Linea. Those guys who quietly peddled smack on the corners or out of their houses in Comar's day died by the hundreds when the violence swept through just a few years later.

Wretched as the border junkie's existence is, it is doable. Comar did it for three years, commuting over the river to panhandle in El Paso, then back across to cop and nod. It was a gritty, miserable existence, but Comar makes it seem almost routine, banal. And, along the way, he has some interesting things to say about addiction and recovery, too.

Perhaps it's fitting to end with the image of the junkie straddling the border, because the root causes of Mexico's drug wars certainly do. Whether it's America's never-ending appetite for Mexican weed, the cartels' addiction to money and power, their alcohol and cocaine-numbed killers, or border state and federal law enforcement's addiction to immigration/drugs/terror funding booty, it's all entangled there on the line.

Mexico may be another country and, thankfully, the violence, at least, remains on that side so far, but we are all in this together. Legalizing marijuana or even ending drug prohibition in the US won't make the cartels magically disappear, but failing to do so will only ensure that they grow ever more entrenched, while continuing to provide sustenance to malign political forces and authoritarian, if not downright Orwellian, policing tendencies here.

California Marijuana Initiatives Starving for Cash [FEATURE]

Proponents of four out of five of the California marijuana initiative campaigns came together to tout the merits of their various measures at a public meeting in Mill Valley, just across the Golden Gate Bridge and up the road from San Francisco, Tuesday night. But the take away message from the confab was that every single one of the initiatives is in serious trouble if it doesn't get a large cash injection -- and soon.

the crowd listens in Mill Valley
Three of the initiatives, Regulate Marijuana Like Wine 2012 (RMLW), the Repeal Cannabis Prohibition Act of 2012 (RCPA), and the California Cannabis Hemp & Health Initiative of 2012 (CCHHI), offer competing, though mostly similar, versions of legalization, while the  Marijuana Penalties Act of 2012 would expand decriminalization. The fifth initiative, the Medical Marijuana Regulation, Control and Taxation Act of 2012 (MMRCTA), seeks to bring statewide regulation to the state's confused and chaotic medical marijuana marketplace.

Disinterested but detailed summaries of each initiative are available at the state Legislative Analyst's Office (LAO) initiative fiscal analysis web page, and are highly recommended reading for those interested in the finer picture of what each initiative does. But in summary, according to the LAO, each of the three legalization initiatives would change state law to legalize marijuana possession by adults and regulate the legal commerce in it.

Equally striking, in the LAO's analysis, each of the three legalization initiatives would save the state either "potentially tens of millions of dollars" (RMLW) or "potentially the low hundreds of millions" (RCPA, CCHHI) annually in pot prohibition enforcement costs foregone. At the same time, any of the three would generate "potentially hundreds of millions of dollars" annually in tax revenues, while the MMRCTA would generate "tens of millions of dollars" in potential additional revenues.

The LAO took care, however, to point out that its fiscal impact estimates, and especially its revenue estimates, depended highly on the nature of the federal response to marijuana legalization in California. The figures cited above happen only if the federal government allows  a legal marijuana commerce to thrive.

With that pot of green gold from legalization enticingly foreseeable, even if the path past federal intransigence is unclear, the frustration of initiative campaigners at their inability to raise money to get on the ballot is evident. With each day that passes without a paid professional signature-gathering campaign underway, the cost of gathering each signature goes up. And the clock is ticking. The initiatives have only until April 20 to turn in 504,000 valid voter signatures.

"Time is running out to get these initiatives on the ballot," RMLW campaign presenter Steve Collett, a Los Angeles attorney, told the crowd. "We're going to need to raise some money to do it. We think we need about $2 million to get on the ballot, and then we can reap $230 million a year forever."

Collett pointed to RMLW's list of endorsements and a poll it commissioned showing 62% support for the measure as enticements to potential funders. RMLW is going to need those funders, and it's in the best shape of any of the legalization initiatives.

The RMLW campaign had only raised $131,000 by the end of December, according to the California Secretary of State, and only another $20,000 since then. It currently has only 40,000-50,000 signatures gathered. The other campaigns are in even worse shape.

"We're all down to the last minute," said Oakland attorney Bill Panzer, spokesman for the RCPA campaign. "If we don't get money to get professional signature-gatherers, we don't get on the ballot," he added. "But," he reminded the audience, "with Proposition 215, we got most of the signatures in five weeks with the professionals."

Dale Gieringer of MMCTR and Bill Panzer of Repeal
CCHHI campaign spokesman Buddy Dusy was mum about fundraising, but said the campaign had 130 paid signature-gatherers. "We need to do it for Jack Herer," he said.

California NORML
head Dale Gieringer, who acted as spokesman for the MMRCTA campaign, said it was in do or die negotiations with potential funders right now and has a team of experienced campaign professionals ready to go.

"These are very critical negotiations going on right now, and we will know within another week or so if this comes through," he said. "If we don't get the money, we're not going to get on the ballot."

"Proposition 19 was the wrong election year, it was poorly drafted, and it was opposed by people in our movement who feared for patients' rights, but it still did very well," said Panzer. "Any of these initiatives can pass if they make it to the ballot."

But Gieringer argued that fixing medical marijuana needed to come first.

"All the polls I've seen show that legalization is very dicey in California, but when you talk about medical marijuana and the need for regulation, support is in the 60s," he told the crowd. "It's hard to call on the public to further liberalize the marijuana laws when they feel things are chaotic enough with medical marijuana. We have to demonstrate that we can regulate medical marijuana to make the public comfortable enough to move on to the next step, legalization."

Although there was talk Tuesday about forging unity, none of the initiative campaigns was prepared to give up and go to work for the other. That leaves three legalization campaigns and the medical marijuana initiative all competing for the same funding, and all of them -- so far at least -- coming up short.

While, barring a miracle, seeing marijuana legalization on the California ballot this year looks extremely unlikely, perhaps the movement can get its act together for 2014 or 2016. At least, the campaigns are starting to talk about it.

"We need a coalition of all the legalization people to create an organization that will be a true legalization coalition in California," said Collett. "We have the same long-term objectives, but differences about how to go about it. Sometimes egos get in the way, but we have to focus on the 70,000 Californians getting arrested for marijuana every year."

Mill Valley, CA
United States

Vermont Marijuana Decriminalization Bill Stalled

Although it has the support of the governor and the public, a Vermont bill to decriminalize the possession of small amounts of marijuana is stalled, held hostage by a hostile House speaker, the Barre-Montpelier Times-Argus reported Saturday.

Vermont Speaker of the House Shap Smith is blocking a decriminalization bill. (State of Vermont)
Under the bill, House Bill 427, possession of less than an ounce by people 21 and over would be punishable by no more than a $150 fine. People aged 18-20 would be subject to the fine on a first offense and a drug awareness course or community service on the second offense. Minors would be subject to drug awareness or community service for a first offense and could be fined up to $300 for failure to comply. Current law mandates up to six months in jail and a fine of up to $500 for simple possession.

Speaker of the House Shap Smith is blocking the bill. Tom Cheney, an aide of Smith's, told the Times-Argus the bill will not make it to a floor vote this session. Cheney said Smith had concerns that some in the state’s law enforcement community may not support the legislation.

That wouldn't include Commissioner of Public Safety Keith Flynn, who has said he supports decriminalization and that the state should make better use of its law enforcement resources. That also wouldn't include Gov. Peter Shumlin (D), who has said he supports decriminalization because it would free up law enforcement resources.

Flynn and Shumlin are joined by a majority of the state's voters in supporting decriminalization according to a poll last week. Commissioned by the Marijuana Policy Project (MPP), which is pushing the legislation, the Public Policy Polling survey found that 63% supported decriminalization as envisioned in HB 427, with only 29% opposed. The poll also found that 52% said if their legislator voted for decriminalization, they would be more likely to vote for him or her, while only 25% would be less likely.

"It's time for legislative leadership to bring this sensible proposal to a vote, so that Vermont can focus its limited criminal justice resources on crime with actual victims," said Karen O'Keefe, MPP director of state policies.

Somebody needs to get the Speaker of the House on the same page as his colleagues, his governor, and the people of Vermont.

Montpelier, VT
United States

Guatemalan President Will Propose Drug Legalization

Guatemalan President Otto Perez Molina is again speaking out on drug legalization. He said in a Saturday radio interview that he would propose legalizing drugs in a forthcoming meeting with regional leaders, and he specified that that included decriminalizing the transport of drugs through the Central American isthmus.

President Otto Perez Molina and his "mano duro"
"I want to bring this discussion to the table," he said. "It wouldn't be a crime to transport, to move drugs. It would all have to be regulated."

Saturday's comments reinforce remarks the retired general made last month, shortly after taking office. Then, he said the drug trade should be decriminalized "from the south, where it is produced, through all the countries, like Guatemala, through which it passes, to Mexico and the United States."

Perez Molina didn't provide any more specifics of his proposal, nor did he say when the regional meeting would take place. But he did say he would discuss the subject with Salvadoran President Mauricio Funes when Funes visits Monday.

Perez Molina said that the war on drugs and all the US cash and technical assistance had failed to reduce drug trafficking in the region, which serves as a springboard for South American cocaine headed into Mexico and, ultimately, the United States.

"There was talk of the success of Plan Colombia but all it did was neutralize big cartels," Perez Molina, referring to the US' decade-long, $6 billion anti-drug effort in Colombia.

The first time around, Perez Molina's remarks on decriminalization come as something of a surprise, but now he has twice called for a discussion of what is in effect full legalization. He said nothing like that during his election campaign, in which he vowed to use "an iron fist" against encroaching Mexican cartels. In one of his first acts in office, he emulated Calderon by calling out the armed forces to fight the cartels.

Both the Zetas and the Sinaloa cartel are reported to be operating in Guatemala, which borders Mexico to the north. The drug gangs are blamed for an increasing number of killings in the Central American country, the bloodiest being the May 2011 massacre of 27 farm workers whose boss had been targeted by the Zetas.

Guatemala City
Guatemala

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