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Chronicle AM -- December 18, 2013

They may be smoking more pot in Washington state than anyone thought, the Florida medical marijuana signature-gathering campaign is going down to the wire, opium production is up in the Golden Triangle, and aerial eradication is down in Colombia (after planes get blown out of the sky). And more. Let's get to it:

Aerial spraying of coca plants is on hold in Colombia after the FARC shot down two planes this fall. (wikimedia.org)
Marijuana Policy

Reason-Rupe Poll Has Support for Marijuana Legalization at 49%. In the latest Reason-Rupe poll, 49% of respondents favored legalizing marijuana, with 47% opposed. That puts it on the low side of recent polls on the topic, most of which are now showing majorities for legalization now. The poll found majority support among Democrats (55%) and independents (51%), but not Republicans (37%). Click on the link for more demographic and methodological details.

NYC Lobbyist Forms Marijuana Legalization PAC. The New York City lobbying and consulting firm Sheinkopf LTD, headed by Hank Sheinkopf, has registered a political action committee to advocate for marijuana legalization. The "Legalize Now" PAC was registered this week with the New York State Board of Elections. Both medical marijuana and legalization bills are pending in the legislature.

Washington State Marijuana Consumption Twice Previous Estimate, RAND Says. Marijuana consumption is about twice as much as officials had previously thought, according to a new RAND Corporation study. Consumption had been estimated to be about 85 metric tons in 2013, but the new study says the range is between 135 and 225 metric tons, with 175 metric tons as the median.

Medical Marijuana

Clock is Ticking on Florida Initiative. Time is running short for Florida's United for Care medical marijuana initiative. Organizers have until February 1 to gather 683,189 valid voter signatures, and say they have gathered 700,000 raw signatures, but only 162,866 have been certified as of Tuesday. Organizers are assuming a 25% rejection rate, so they are looking to gather a million signatures by deadline day.

Harm Reduction

Jack Fishman Dead at 83; Helped Create Naloxone.A scientist who played a key role in the development of the opioid overdose-reversal drug naloxone has died. Dr. Jack Fishman died earlier this month at age 83. Naloxone (Narcan) is credited with saving countless people from overdoses of heroin and other opioid drugs. Naloxone has been approved to treat overdoses since 1971, but only some states allow it to be distributed to drug users, community support groups, and local health clinics.

Sentencing

New Brennan Center Proposal Aims to Reduce Mass Incarceration. The Brennan Center, a nonpartisan law and public policy institute based at the NYU School of Law, has unveiled a new policy proposal to shrink prison populations, Reforming Funding to Reduce Mass Incarceration. It was discussed last week at the National Press Club in Washington by a panel including Jim Bueerman of the Police Foundation, Marc Levin of the Texas Public Policy Foundation, and Nkechi Taifa of the Open Society Foundations.

International

Golden Triangle Opium Production Up, UNODC Says. Opium production in Southeast Asia's Golden Triangle (Laos, Myanmar, Thailand) is up 22% this year over 2012, the UN Office on Drugs and Crime said Wednesday in its Southeast Asia Opium Survey 2013 - Lao PDR, Myanmar. Most of the production is in Myanmar, which produced 870 of the regions estimated 893 tons. The Golden Triangle accounted for 18% of global opium production this year, the report said.

Colombia Coca Spraying Halted After FARC Shoots Down Two US Pilots, One Killed. US-funded aerial eradication of coca crops in Colombia has been suspended indefinitely after FARC rebels shot down two spray planes, leaving one US pilot dead. The downings occurred in September and October, but the news that the FARC shot them down and that the program had been suspended didn't come until this week.

Mexican Human Rights Commission Warns Government on Anti-Cartel Vigilantes. Mexico's National Commission on Human Rights warned Tuesday that the rise of vigilante groups to confront drug trafficking organizations undermines the rule of law and could lead to increased violence. The commission blamed the rise of the vigilantes on the government's failure to provide security and accused the government of encouraging the formation of some of the groups. The commission said there were some 7,000 vigilante members in Guerrero alone, with thousands more in Michoacan, where dozens have been killed in clashes among vigilantes, police, soldiers, and drug traffickers.

Chronicle AM -- December 13, 2013

It looks like Washington state medical marijuana patients will continue to be able to grow their own, Seattle City Attorney Pete Holmes wants to welcome pot tourists, the Michigan Senate takes aim at welfare drug users, Indian Maoists are profiting from prohibition, and more. Let's get to it:

India's Maoist Naxalities -- profiting from prohibition. (wikimedia.org)
Marijuana Policy

Seattle City Attorney Wants to Accommodate Pot Tourists. Seattle City Attorney Peter Holmes has warned the city council against passing rules that will make it harder for tourists to enjoy legal marijuana. "We need to recognize that tourists are coming to this state to sample wine, to sample Washington marijuana, to sample any of the attributes of this destination city; that we accommodate that somehow," he told KPLU FM.

Medical Marijuana

Washington State Leaning Toward Allowing Home Medical Marijuana Grows. Members of the state Liquor Control Board signaled Friday they will recommend medical marijuana patients continue to be allowed to grow their own medicine. The state Health and Revenue departments and the liquor board had earlier proposed outlawing home growing once I-502 takes effect, but aroused a storm of outrage from patients and their supporters. The board is expected to formally recommend allowing the grows next week.

Colorado Could Cut Patient Fees. State health officials want to reduce the fee paid by licensed medical marijuana patients. The Board of Health will hear a proposal next week to drop the annual fee from $35 to $15. That's because the fund that pays for the patient registry has a $13 million surplus, and the fee is not supposed to be about generating revenue, just paying for the costs of the program. There are nearly 113,000 registered patients in the state.

Second Hearing Held on Guam Medical Marijuana Bill. A pending medical marijuana bill on Guam got a second public hearing Thursday. The island's public health director said he could not support the bill because there was no funding for regulation, but patients and medical marijuana supporters testified in support of the bill. The measure, Senate Bill 215, remains alive, and cosponsor Sen. Tina Muna Barnes said she was working on amendments based on feedback from the public.

Drug Testing

Michigan Senate Approves Welfare Drug Testing Bill. The Michigan Senate Thursday approved Senate Bill 275, which would set up a pilot program to start subjecting some welfare recipients to drug testing. Recipient would be screened and those for whom there was "a reasonable suspicion" of drug use would have to submit to a drug test. A first failed drug test would result in a referral to treatment, a second would result in loss of benefits. The Republican-supported bill passed on a straight party line vote. Similar legislation has been approved in the House.

Sentencing

Report Reviews Changes in Federal Sentencing Since Booker. A new report, Legal Change and Sentencing Norms in Federal Court: An Examination of the Impact of the Booker, Gall, and Kimbrough Decisions, finds that not that much has changed. A series of Supreme Court decisions beginning with Booker held that federal sentencing guidelines are merely advisory, and expectations were that their impact would be significant. But "the findings suggest that sentencing policy changes at the national level -- including reforms mandated by these cases -- neither uniformly nor dramatically transformed sentencing practices. Factors in individual cases were the largest predictor of sentencing outcomes over all time periods. Sentencing behavior across districts changed incrementally over time but did not dramatically shift during major policy changes."

International

Indian Maoists (Again) Linked to Black Market Marijuana Trade. India's long-festering revolutionary Maoist movement, the Naxalites, is once again linked to the illicit trade in drugs. Officials in Odisha are complaining that they cannot eradicate the Naxalites until they "have control over the illegal cultivation of cannabis, which, according to intelligence sources, has become a major source of funding for the Maoists." Six of eight named districts where large-scale pot growing is "a well known fact" are known as "highly Naxal-infested districts." The state government is engaged in manual eradication, but is considering aerial spraying.

Costa Rica Public Opinion Not Ready for Marijuana Legalization. Costa Rica is not ready to legalize marijuana, according to a new public opinion poll. The survey from the School of Statistics at the University of Costa Rica found that only 15% favored legalization, while 50% were opposed. Medical marijuana fared better, with 53% in favor.

British Activist to Open "Cannabis Café" in Manchester. Notorious marijuana activist Colin Davies, who once handed a bouquet of flowers including marijuana to the queen, has announced plans to open a cannabis café in Manchester. Davis, who was once jailed for marijuana trafficking, said no pot would be sold at the café; instead it will be BYOB. Marijuana remains a Class B drug in Britain, so Davis should be looking for a police reaction.

55% Say Legalize Marijuana in New California Field Poll

California's Field Poll is reporting majority support for marijuana legalization in the Golden State. The poll had support for generic marijuana legalization at 55% and, somewhat surprisingly, support for an actual initiative at 56%.

The Field Poll is in line with other recent polls showing California majorities in favor of legalization. A September Public Policy Institute of California poll had 60% of registered voters favoring legalization and an October Tulchin poll had support for legalization at 65% among likely voters.

In addition to the generic marijuana legalization question, the Field Poll asked specifically about the California Cannabis Hemp Initiative of 2014 (CCHI), which would legalize all uses of marijuana and hemp for adults 21 and over. Support for that perennial and perennially under-funded initiative was at 56% statewide, reaching 70% in the San Francisco Bay area.

The CCHI won more support from Democrats (65%) and independents (62%) than Republicans (39%), and more support men (58%) than women (55%). Support was more likely among whites (60%) and blacks (55%) than among Latinos (46%) and more likely among young voters (64% for the 18-to-49 age group) than people in their 50s (50%) or over 65 (47%).

The CCHI isn't the only initiative out there. Two more are at the state attorney general's office awaiting approval to begin signature-gathering, including one filed last week by the Drug Policy Alliance, the Control, Regulate, and Tax Marijuana Act. But Field didn't ask about them.

The Field Poll, which has been tracking California voter attitudes since 1947, illustrates a dramatic shift on marijuana policy. In 1969, the first year the poll asked the question, only 13% supported legalization. By 1980, that number had climbed to 30%, and by 2010, it had reached 50%. Now, it's up another five points in the past three years.

CA
United States

Majority for Marijuana Legalization in New California Field Poll

A new Field Poll released Tuesday has 55% support for generic marijuana legalization and 56% support for the California Cannabis Hemp Initiative of 2014 (CCHI).

It's only the latest to show California majorities for legalization. A September Public Policy Institute of California poll showing 60% of registered voters favoring legalization and an October Tulchin poll that had support for legalization at 65% among likely voters.

The CCHI isn't the only initiative out there. Two more are at the state attorney general's office awaiting approval to begin signature-gathering, including one filed last week by the Drug Policy Alliance, the Control, Regulate, and Tax Marijuana Act.

The question now is whether these most recent poll results are likely to persuade enough major players that California should be contested next year instead of waiting for 2016. There are big logistical and financial obstacles to getting an initiative on the ballot for next year at this late date.

Look for more on the Field Poll results in a Chronicle news brief later today.

Location: 
CA
United States

Chronicle AM -- November 22, 2013

The momentum for marijuana legalization continues in the US, but Australia's New South Wales rejects medical marijuana even for the terminally ill. There's plenty more news, too. Let's get to it:

Coming soon to a legal retail outlet near you (if you live in Colorado). (wikipedia.org)
Marijuana Policy

World's First-Ever Marijuana Retail License Issued in Colorado. Officials in Central City, Colorado, issued the world's first legal marijuana retail license Thursday. The license went to Annie's, currently operating as a medical marijuana dispensary. Annie's must still obtain a state license. Legal retail marijuana sales begin on January 1.

Oregon Legislators Meeting Today on Marijuana Legalization. Oregon lawmakers are meeting today to lay the groundwork for a possible marijuana legalization initiative to put before voters in November 2014. Senate Judiciary Chairman Floyd Prozanski (D-Eugene) said he would push for such an initiative. New Approach Oregon has already filed its own legalization initiative, which Prozanski called "a great first draft," but then added that legislators should vet it.

Poll: Marijuana Legalization Has Majority Support in Indiana. The 2013 Hoosier Poll finds that 52.2% of adults in the state favor making "marijuana a regulated substance much like the way we regulate the use of alcohol and tobacco products." Only 45.3% were opposed. Support reached a whopping 78.1% when respondents were asked if "marijuana should be taxed like alcohol and tobacco products, or not."

Maine Legislative Council Rejects Legalization Bill. The Maine Legislative Council, made up of 10 leading legislators, Thursday night rejected a marijuana legalization bill sponsored by Rep. Diane Russell (D-Portland). That means the bill will have to go through the regular legislative process next year, or the voters will decide through a referendum.

Medical Marijuana

Four California US Representatives Call on Northern California US Attorney to Stop Harassing Dispensaries. Reps. Barbara Lee (D), George Miller (D), Sam Farr (D), and Eric Swalwell (D) Thursday released excerpts of a letter they sent to US Attorney for Northern California Melinda Haag challenging her "hostility toward dispensaries." They criticized Haag's approach as "counterproductive and economically prohibitive," as well as being out of step with Obama administration policies as set down in August's Justice Department memo. "It is far past time for commonsense and economic sense to prevail in policies and actions related to medical cannabis dispensaries that serve the patients in our communities," said Rep. Lee. "This harassment and constant threat of prosecution should end."

Drug Testing

Northern Marianas Bill Would Require Twice a Year Drug Tests for Elected Officials. A bill being crafted in the Northern Marianas Islands House of Representatives would require all elected officials to undergo drug tests every six months. The bill is being drafted by former cop Rep. Christopher Leon Guerrero, but is likely to be found unconstitutional if it ever passes, given federal court precedents.

Law Enforcement

Ohio Makes First Arrest under Automobile "Secret Compartment" Drug Law. An Ohio man arrested Tuesday for driving a vehicle that contained a hidden compartment becomes the first person charged under the state's 2012 law (Senate Bill 305) making it a felony to add a secret compartment with the intent of using it to conceal drugs for trafficking. Norman Gurley's vehicle had a secret compartment, but it contained no drugs or evidence of drugs.

Sentencing

Attorney General Holder Blasts High US Incarceration Rates at Colombia Conference. US Attorney General Eric Holder ripped into US incarceration policies at a conference of security ministers in Colombia Thursday, calling our imprisonment rates "both inadvisable and unsustainable." Holder added that the resort to mass incarceration "results in far too many Americans serving too much time in too many prisons -- and beyond the point of serving any good law enforcement reason." He also signaled that other countries should have greater flexibility in drug control policies. "We must acknowledge that none among us can fight this battle on our own, or by implementing a 'one-size-fits all' approach."

International

No Medical Marijuana for the Terminally Ill in Australia's New South Wales. The state government in New South Wales has rejected a request that terminally ill patients be granted an exemption to use marijuana to ease their pain. A bipartisan parliamentary committee had recommended that AIDS and terminally ill patients be allowed to possess up to a half-ounce for medical reasons, but the state government rejected the recommendation, saying the potency and safety of medical marijuana cannot be guaranteed. The decision was "cannabis hysteria at its worst," said Green MP John Kaye. "It's absurd to argue that someone dying of cancer should be denied access to a little bit of pain relief because it's the same substance some people use illegally."

Chronicle AM -- November 18, 2013

A bill to protect the guns rights of legal marijuana users has been filed, hempsters hit the halls of Congress, a new medical marijuana bill is filed in Pennsylvania, and more. Let's get to it:

Rep. Jared Polis (D-CO) filed a bill to protect the gun rights of legal marijuana users.
Marijuana Policy

Polis Files Federal Bill to Protect Gun Rights of Legal Marijuana Users. US Rep. Jared Polis (D-CO) last Thursday filed House Resolution 3483 to override a 2011 ruling by the Bureau of Alcohol, Tobacco & Firearms that medical marijuana patients cannot legally buy or own guns. The bill's summary says its purpose is "to amend title 18, United States Code, to provide exceptions from the firearm prohibitions otherwise applicable in relation to marijuana if its possession is lawful under State law."

Washington State Now Taking Applications for Pot Business Licenses. Beginning today, Washington state is taking applications for licenses to grow, process, and sell legal marijuana. The licensing application period lasts 30 days. Under rules drafted by the Liquor Control Board, the state will license up to 2 million square feet statewide for marijuana production and up to 334 retail outlets.

Near Majority for Marijuana Legalization in Wisconsin. A Marquette University Law School poll has Wisconsin hovering on the cusp of majority support for legalization. The late October poll had support for legalization at 49.7%, with 44.9% opposed, 4.7% not sure, and 0.8% who refused to answer.

No Decriminalization in Puerto Rico This Year. Marijuana decriminalization won't happen this year in Puerto Rico. The legislative session has ended without the lower house taking up a decriminalization bill passed earlier by the Senate. Recent polls showing little support for decriminalization and even medical marijuana helped dampen things, but decrim bill sponsor Sen. Miguel Periera said he will reintroduce it in the new session in January.

Medical Marijuana

Americans for Safe Access Forms Virginia Chapter. The national medical marijuana advocacy group is coming to the Old Dominion. The state chapter, Safe Access Virginia, will lobby elected officials to pass a comprehensive Virginia Medical Cannabis Act. The group had its inaugural meeting Saturday in Richmond.

Oregon Committee Reviewing Dispensary Rules Meets Today. The committee charged with drafting rules for medical marijuana dispensaries is meeting in Salem today. It will consider an opinion from the Oregon Legislative Counsel that says regulating dispensaries is the job of the state, not localities. Some localities have already moved to ban dispensaries.

Pennsylvania Medical Marijuana Bill Introduced. State Sens. Daylin Leach (D) and Mike Folmer (R) introduced a limited medical marijuana bill Monday. While the text is not yet available, Leach's remarks suggest that it seeks to allow medical marijuana with a high CBD content that could be used by children suffering from epilepsy.

Hemp

Hemp Lobbyists go to Washington, DC. Led by David Bronner of Dr. Bronner's Magic Soaps, several dozen supporters of industrial hemp were on Capitol Hill Monday urging Congress to lift the federal ban on domestic hemp production. "It's time to grow hemp," Bronner said. "I mean, it's been a long and ridiculous situation."

International

Ireland Stops Anti-Drug Aid to Death Penalty States; Britain Pressed to Do Same. Last Friday, Ireland announced it was stopping "funding to UNODC's Illicit Trafficking and Border Management program because of human rights concerns related to the use of the death penalty in Iran." The British justice reform nonprofit Reprieve is now pressing the UK government to do the same. "Britain is rapidly becoming isolated as the only country which thinks supporting the death penalty machines of Iran and Pakistan is acceptable. Hundreds of people have been sentenced to death in these countries in the last few years for non-violent drug offenses -- helped by millions of pounds of British taxpayers' money. Britain could end this problem tomorrow by putting in place conditions on the aid that it cannot be used to support the death penalty -- why are ministers refusing to do so?"

More Mass Graves in Mexico. Investigators in western Mexico have dug up 19 bodies from a series of eight mass graves after being led to them by corrupt police officers who had been working for drug cartels. More bodies may be coming. They are believed to be victims of turf wars between the Knights Templar and New Generation Jalisco drug trafficking organizations. The corrupt cops were arrested after two federal police were abducted in Michoacan. The missing federal cops are not among the bodies found so far. Meanwhile, in Guerrero, five more bodies were pulled from a mass grave.

Maryland Majority for Marijuana Legalization

The latest evidence that marijuana legalization has reached the tipping point comes from Maryland, where a new Goucher Poll has a slim majority for legalization, as well as strong support for decriminalization and overwhelming support for medical marijuana.

The poll found that 51% supported marijuana legalization, while 90% supported medical marijuana if prescribed by a doctor.

The poll also asked whether marijuana possessors should be jailed, subjected to drug treatment, or fined. A near majority (49%) supported fines (or decriminalization), while 34% supported drug treatment, and only 6% supported jailing pot people.

"When it comes to marijuana use in the state, a slight majority of Marylanders support legalization for small amounts, and a large majority support the drug's use for medicinal purposes," said Mileah Kromer, director of the Sarah T. Hughes Field Politics Center. "Citizens of the state also seem to support the decriminalization of marijuana, favoring policies that focus on rehabilitation and fines, rather than jail time for possession. This will be an issue to watch for the upcoming legislative session."

This year, the legislature approved a bill that authorized academic medical centers to distribute medical marijuana, but a decriminalization bill died in the House after passing the Senate.

The poll was conducted using both cell phones and land lines, with pollsters contacting 655 Maryland residents in late October. The margin of error is +/- 3.8%.

MD
United States

58% Say Legalize Marijuana in Latest Gallup Poll

Support for marijuana legalization is at the highest levels ever, with 58% of Americans in favor, according to a Gallup poll released Tuesday. That's up an impressive eight points from 2011, when Gallup had 50% supporting legalization, and even more impressively, up 10 points from last year, when support had dipped to 48% in the annual poll.

http://stopthedrugwar.org/files/gallup-numbers-2013.png
The poll results are generally in line with other polls in the past couple of years that have shown half or more of Americans are ready to free the weed. As Gallup's own annual polls suggest, after support for legalization stayed around one-quarter of the population in the 1980s and 1990s, momentum has picked up since the turn of the century. Then, only 31% supported legalization; now nearly double that number are ready for it.

Gallup pointed at movement toward support of legalization by independents, now at 62% and up a big 12 points since last year. Support also increased among Democrats, from 61% to 65%, while among Republicans, only 35% favored it, although that, too, was up over last year, by a couple of points.

The pollster also singled out strong support among younger Americans and rapidly increasing -- although still not majority -- support among senior citizens. Two-thirds (67%) of 18-to-29-year-olds said legalize it, as did 62% of 30-to-49-year-olds and 56% of 50-to-64-year-olds. Only 45% of seniors agreed, but that was up a whopping 14 points over 2012.

Gallup offered several explanations for the upswing, including the victories in Washington and Colorado last year, the Obama administration's relatively soft-shoe approach to the matter, and increasing social and cultural acceptance of the plant (a sizeable 38% admitted to having tried it), driven in part by medical marijuana.

"It has been a long path toward majority acceptance of marijuana over the past 44 years, but Americans' support for legalization accelerated as the new millennium began," Gallup said in summarizing the poll results. "This acceptance of a substance that most people might have considered forbidden in the late 1960s and 1970s may be attributed to changing social mores and growing social acceptance. The increasing prevalence of medical marijuana as a socially acceptable way to alleviate symptoms of diseases such as arthritis, and as a way to mitigate side effects of chemotherapy, may have also contributed to Americans' growing support."

It was all music to drug reformers' ears as they prepared to gather this week in Denver for the biennial International Drug Policy Reform Conference sponsored by the Drug Policy Alliance.

"The latest poll results point to the absurdity and even venality of persisting with harsh prohibitionist policies," said Ethan Nadelmann, the Alliance's executive director. "No other law is enforced so harshly and pervasively yet deemed unnecessary by so many Americans. Spending billions of dollars and arresting 750,000 people annually for violating marijuana laws now represents not just foolish public policy but also an inappropriate and indecent use of police powers to favor one side of a cultural and political debate."

"The American people have opened their eyes to the failure that is marijuana prohibition and there is no putting the genie back in the bottle. Following the successful passage of marijuana legalization initiatives in Colorado and Washington in 2012, the people of this country see that a new approach to marijuana policy is both required and possible," said NORML communications director Erik Altieri. "The majority of Americans agree that prohibition has failed and it is time to legalize and regulate. The issue can no longer be ignored or sidelined. Legalization is now the mainstream position and supporters of perpetuating our war on marijuana will continue to be further relegated to the fringe."

"The dramatically increasing support for making marijuana legal should come as no surprise," said Rob Kampia, executive director of the Marijuana Policy Project. "Marijuana prohibition has been an abject failure. Most Americans realize it is unjust, wasteful, and counterproductive to invest in the criminalization of adults for using a substance that is far less harmful than alcohol."

"The passage of adult-use marijuana initiatives in Colorado and Washington has demonstrated widespread disillusion with marijuana prohibition," noted Aaron Smith, executive director of the National Cannabis Industry Association. "The success of regulated medical and adult-use marijuana markets in 17 states and DC is replacing criminal enterprises with legal and responsible businesses that generate millions in tax revenue and tens of thousands of good jobs. It's no surprise that 58% of Americans now support bringing this regulated approach to all 50 states."

Both Kampia and Smith explicitly called on Congress to act to end federal pot prohibition, and Kampia said the poll "bodes well for efforts underway to change state laws around the nation." That may be an understatement. Let's check back in a on that a little bit more than a year from now.

Two-Thirds of Californians Say Legalize Marijuana

Will California wait until 2016 to vote on legalizing marijuana? A poll released Thursday strongly suggests voters in the Golden State are ready to legalize it right now.

Should marijuana be legal? California says "yes."
The new Tulchin Research poll has support for legalizing marijuana at just under two-thirds (65%), with only 32% opposed. It shows majority support for legalization among every demographic except one -- Republican Party members. Even among Republicans, support for legalization (47%) trailed opposition (50%) by only three points.

And this was not a generic legalization question. The poll asked: "There may be a measure on the ballot in the future to legalize, regulate and tax marijuana in California for adults. It would still be illegal for minors, there would be penalties for driving under the influence of marijuana, and it could only be sold in state regulated stores. The measure would tax marijuana and generate an estimated one billion dollars a year to fund schools, public safety and other essential services and there would be annual audits to ensure the money is spent as intended. Based on this, would you support or oppose this proposal?"

Geographically, support was strongest in the Bay Area (73%), followed by San Diego (67%), Los Angeles County and the Central Valley at 65%, Sacramento/North (63%), the Los Angeles Area (59%), and the Inland Empire (58%).

Among racial groups, support was strongest among blacks (74%), followed by whites (69%) and Asians (68%), with Hispanics lagging at 53%. Both men (66%) and women (65%) strongly supported legalization. So did all age groups, with the lowest level of support being 54% among 40-49-year-olds.

"In sum, voters strongly support a marijuana legalization and regulation measure for adults that includes penalties for DUI and collects revenues to fund public services," Tulchin said. "Furthermore, such a reform is supported by nearly all demographic subgroups across the state."

The poll comes as one 2014 marijuana legalization initiative is in the signature-gathering phase and a second is awaiting approval of title and ballot summary at the state attorney general's office. The conventional wisdom among deep-pocketed drug reformers is that California should wait until 2016, when a presidential election year generates higher voter turnout, which in turn favors liberal voting groups, but poll numbers like these are going to increase the pressure to get something done next year.

The poll was conducted on behalf of the ACLU of California, which also announced that it is putting together a high-octane panel to study marijuana legalization for the next two years, implicitly precluding a 2014 effort.

The Tulchin Research poll was conducted doing live landline and cell phone interviews with 1,200 November 2016 voters between September 26 and October 6. The margin of error is +/-3.1%.

CA
United States

Jerry Brown Vetoes California "Defelonization" Bill [FEATURE]

California Gov. Jerry Brown (D) Saturday vetoed a bill that would have allowed prosecutors or judges to charge simple drug possession as a misdemeanor instead of a felony. The bill would have made drug possession a "wobbler," meaning it could be charged either way, based on judicial or prosecutorial discretion.

overcrowded California prison (supremecourtus.gov)
Some 10,000 people are convicted of drug possession felonies each year in California, and experts estimated that, under the bill, 15% to 30% of them would have been charged instead with misdemeanors. The exact number is unknown because the bill would have left those decisions up to prosecutors and judges. But in any case, the bill would have resulted in hundreds of millions of dollars in criminal justice system savings, which would have provided local governments with more flexibility to invest in drug treatment and mental health services and focus law enforcement resources on more serious offenses, along with lightening up on some of the people caught up in the criminal justice system.

The bill, Senate Bill 649, was sponsored by Sen. Mark Leno (D-San Francisco) and passed the legislature with bipartisan support, but was opposed by law enforcement and some prosecutors. Leno and supporters had argued that the bill would save the state money on incarceration and related costs.

The bill was premature, given that a broader criminal justice system reform is in the works, Brown said in a veto message. "We are going to examine in detail California's criminal justice system, including the sentencing structure," he said. "We will do so with the full participation of all the necessary parties, including law enforcement, local government, courts, and treatment providers. That would be the appropriate time to evaluate our existing drug laws."

Even after the state's vaunted prison realignment, California prisons remain overcrowded, and the more than 4,100 people currently imprisoned on simple drug possession charges only add to that burden. The cost of imprisoning them comes to $207 million a year.

Under current California law, which will now stay in place, simple possession of drugs such as cocaine, meth, and heroin is a felony punishable by up to three years in prison. Leno's bill left that maximum sentence in place, but would have given either judges or prosecutors the discretion to punish possession as a misdemeanor, with a year in jail as a maximum sentence. Similarly, under the Leno bill, judges or prosecutors could have diverted drug users to treatment or community programs in a bid to reduce recidivism.

Charging drug possessors with misdemeanors instead of felonies would also have created criminal justice system savings with each lower-level prosecution. That's because felony charges require a preliminary hearing, while misdemeanor charges do not.

But law enforcement groups, including the California State Sheriffs Association, the California Police Chiefs Association, and the California District Attorneys Association all opposed the bill, labeling it a threat to public safety. They argued that the bill would reduce incentives for drug possessors to voluntarily seek drug treatment because they would only face jail time, and the jails are so full -- thanks to prison realignment -- that people sentenced to jail time do only a tiny fraction of that time.

Brown could have let the bill become law without his signature, Leno noted in an interview with the Chronicle earlier this month, and pronounced himself "surprised" at the veto.

"It's quite surprising that the governor would veto a modest attempt at sentencing reform in light of our prison overcrowding crisis," Leno said Saturday.

Bill supporters, including the ACLU of California and the Drug Policy Alliance lambasted Brown's decision to veto the bill.

Jerry Brown
"By vetoing SB 649, Gov. Brown has thwarted the will of the voters and their elected representatives by rejecting a modest reform that would have helped end mass incarceration in this state," said Kim Horiuchi, criminal justice and drug policy attorney for the ACLU of California.

"California voters and the legislature recognize the urgent need to reevaluate our sentencing laws and enact smart reforms, especially for low level, non-violent drug crimes," Horiuchi continued. "Doing so will allow California to reduce its reliance on incarceration and free up limited resources for the sorts of community-based treatment, education and job training programs proven to reduce crime and create safe and healthy communities. Despite this, Gov. Brown remains inexplicably opposed to meaningful sentencing reform."

"The governor let down the people of California, the majority of whom support going even farther than this bill would have gone," said Lynne Lyman, California state director for the Drug Policy Alliance. "The vast majority of voters agree with the experts -- locking up drug users is stupid, unproductive, cruel and expensive."

Despite the opposition of the law enforcement establishment, California public opinion wants to see sentencing reform. A 2012 Tulchin poll found that 75% of Californians preferred prevention and treatment as an alternative to jail for nonviolent offenders and 62% agreed that possession of small amounts of drugs for personal use should be a misdemeanor.

Thirteen other states and the District of Columbia already have such laws, and an effort to pass similar legislation is gearing up in Washington state. But in Sacramento, Gov. Brown was listening to the cops instead of the people.

"Our system is broken," said DPA's Lyman. "Felony sentences don't reduce drug use and don't persuade users to seek treatment, but instead, impose tremendous barriers to housing, education and employment after release -- three things we know help keep people out of our criminal justice system and successfully reintegrating into their families and communities."

Sacramento, CA
United States

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School

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