Washington Initiative 502

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Initiative Watch

There's less than a month to go, but some initiatives are more active than others.

Arkansas

Both the Arkansas Issue 5 campaign and the opposition were very quiet this week.

California

Proposition 36, the three-strikes sentencing initiative is finally getting some attention. The stealthy campaign was the subject of at least eight news stories in the past few days, but remains mostly under the radar.

Colorado

Last week, the National Cannabis Coalition donated $3,000 to Amendment 64 and said it had another $3,000 in matching funds from a generous donor. The Coalition has also supported the marijuana decriminalization measure in Springfield, Missouri, and the successful campaigns of Ellen Rosenblum in Oregon and Beto O’Rourke in Texas.

On Tuesday, the Amendment 64 campaign announced it had the endorsements of more than 300 doctors. The move came after the Colorado branch of the American Academy of Pediatrics came out in opposition to the initiative. The announcement came at a news conference featuring Dr. Larry Bedard, a former president of the American College of Emergency Physicians.

Massachusetts

On Sunday, a Boston Globe poll had Question 3, the medical marijuana initiative, cruising toward victory. The poll had support at 69%, with opposition at only 22% and 9% undecided. Even Republicans favored the initiative.

Montana

The I-124 campaign continues to try to explain why voters should vote "no" on election day
. The initiative would repeal restrictions imposed on the state's voter-approved medical marijuana program and reinstate the original program. A "yes" vote upholds the restrictions; a "no" vote would undo them.

Oregon

See our feature article on Measure 80 here.

On Wednesday, GOP state Senate candidate Cliff Hutchinson endorsed Measure 80. He is the first Oregon Republican to do so. He is also head of the libertarian-leaning Republican Liberty Caucus. “From historical figures like William F. Buckley to current Republican national voices like Jeff Flake and Tom Tancredo, to up-and-coming conservatives like Meghan McCain, more and more conservatives are supporting sensible marijuana policy because it aligns with their core values and political platforms,” said Roy Kaufmann, spokesman for the Yes on 80 campaign. “We’re proud to have Cliff’s support and look forward to adding more conservative Oregonians to our movement.”

Next Monday,.a Measure 80 women's rally will take place at the state capitol. The Oregon Women for Measure 80 rally is being held in solidarity with the national Moms for Marijuana rally on the steps of our nation’s capitol that same day.

Washington

Last Wednesday, the I-502 campaign picked up a surprising endorsement: GOP US Senate hopeful Michael Baumgartner. The endorsement gives the campaign one of its highest-profile Republican supporters yet. Baumgartner, a state senator from Spokane who is running a long-shot bid to unseat Democratic US Sen. Maria Cantwell, said drug law reform isn't typically supported by his party, but he believes I-502 is a good step toward changing what he described as a wasteful policy of marijuana prohibition. According to electful.com, Cantwell supports "modernized" drug laws and drug courts, but not legalization.

On Wednesday, New Approach Washington announced its final push media campaign. The campaign will feature two thirty-second ads that will air on broadcast and cable television throughout western Washington and Spokane. The ads will feature two former US Attorneys and a former FBI agent and will run during early morning news shows in Seattle and Spokane and on MSNBC and CNN early morning news programs in Vancouver and Longview.

At NORML, A Sharp Focus on the Marijuana Initiatives [FEATURE]

The 41st National NORML conference took place at a downtown Los Angeles hotel over the weekend under the theme of "The Final Days of Prohibition." With marijuana legalization initiatives on the ballot in three states and medical marijuana on the ballot in two others, the several hundred attendees could almost smell the scent of victory come election day -- or at least a historic first win for legalization.

Rick Steves, Keith Stroup, Ethan Nadelmann, Brian Vicente for OR Amendment 64, Roy Kaufman for OR Measure 80 (radicalruss.com)
"This is a great movement, not because it's about marijuana, but because it's a movement about truth and freedom, the freedom to live our private lives as we wish," NORML board chairman Paul Kuhn told the crowd in his conference-opening remarks. "A White House that serves liquor, a president who smoked a lot of marijuana, and a speaker of the house who is addicted to nicotine -- they have no business demonizing us because we prefer a substance less dangerous than liquor or alcohol."

For Kuhn, as for many others at the conference, supporting the legalization initiatives was front and center. (While grumbling and gnashing of teeth was heard among some attendees, particularly over the Washington initiative's drugged driving provision, no initiative opponents were seen on any of the panels or presentations.)

"We're beyond the concept of legalization. Now, we're supporting real laws, and no law will satisfy everybody in this movement," Kuhn continued, implicitly acknowledging the dissension around the Washington initiative. "We have our differences, sometimes heated, and this is healthy and necessary if we are to evolve and craft the best laws and regulations, the best form of legalization. All of us in this movement are allies, we're friends, we share the same goals of truth and freedom and legal marijuana. We have worked too hard for too many years to let our opponents divide us, or worse, divide ourselves."

"These are the final days of prohibition. The data is clear," said NORML executive director Allen St. Pierre, pointing not only to public opinion polls but also to the political reality of the initiatives and the progress the movement has made in Congress and the states. "We have a cannabis caucus in our Congress and in the state houses, and we helped get them elected. There are 15 or 20 members of Congress who are genuine supporters of ending prohibition, most of them are Democrats. In the states, we now have sitting governors and representatives calling us and saying 'we want your support, your endorsement, your money.'"

 With the initiatives looming, much of the conference was devoted to the minutiae and arcana of legalization, regulation, and taxation models. Thursday afternoon saw extended discussions in panels on "Cannabis Legalization and Regulation: What it Might Look Like" and "Cannabis and the 'Demo' Gap: Who Doesn't Support Legalization and What We Can Do about It."

"How do we win the hearts and minds of non-smokers?" asked Patrick Oglesby of the Center for New Revenue. "The revenue card is one we can play. That gives people something to vote for. Every state in the union legalizes and taxes alcohol and tobacco. Revenue from marijuana isn't going to fix our economic problems, but let's start with the easy stuff, let's fix this and get some revenues."

"At least one state will tip in November, and others will follow," predicted Pepperdine University researcher and Marijuana Legalization: What Everyone Needs to Know coauthor Angela Hawken. "Parents will wake up and realize their children didn't turn into zombies."

Parents -- and mothers in particular -- are a key demographic that must be won over if marijuana legalization is to advance, and the way to win them over is to address their fears, panelists said.

"Women are more safety conscious and they tend to believe authority," noted NORML Women's Alliance coordinator Sabrina Fendrick. "They just need to be educated. Proposition 19 failed in large part because of women and seniors. Many were concerned over the driving issue and children being on the road with stoned drivers. The way to bring support up is to educate them about the difference between use and abuse, and to make women who support legalization feel safe about coming out."

The NORML Women's Alliance is working on that, and on increasing the number of female activists in a movement that has been male-dominated from the outset.

Law enforcement is another key bastion of opposition to legalization, and Law Enforcement Against Prohibition (LEAP) representative Steven Downing told the audience the key to swaying law enforcement was not in the rank and file, but at the pinnacle of the command structure.

"We have to influence change at the top," he said. "When that comes, the young officers on the street will do as they're told. Many of them already agree with legalizing marijuana. Don't treat the police as the enemy, but as people who can benefit from the education you can give them. Do it in a way that they're not defensive, then refer them to LEAP," the former LAPD officer suggested. "Tell them that if they support the war on drugs, they're not supporting public safety."

On Friday, longtime Seattle marijuana activist-turned-journalist Dominic Holden gave a spirited defense of Washington's I-502 initiative and ripped into its movement critics, including calling out NORML board member and Seattle defense attorney Jeff Steinborn, who has been a vocal foe of the initiative despite a unanimous board vote to support it.

"Who is opposing 502?" Holden asked. "The law enforcement opposition has been quiet and halfhearted. It's Steve Sarich, who runs CannaCare, it's cannabis doc Gil Mobley, and a whole passel of pot activists along with them. The ones opposing pot legalization right now are the ones making money hand over fist with prohibition. If they're profiting off it, I don't give a rat's ass what they think," he said.

"They don't like the DUID provision and its per se standard. They say that someone who uses marijuana regularly will test positive, but there is not a single scientific study to back them up. Their argument is fundamentally flawed because it is a lie," Holden countered, mincing no words.

"There is also concern that if we pass it, the federal government will challenge us on legalizing pot. That's the damned point!" he thundered.

"But marijuana is going to be taxed, they complain. Shut up, Teabaggers!" Holden jeered. "What planet do you live on where they're not going to tax a huge agricultural commodity?"

He pointed out that Steinborn and Sensible Washington, who are opposing I-502, had tried unsuccessfully to mount an initiative of their own.

"If you want to run a winning campaign, you need a bunch of money, credible spokespeople, campaign professionals, and the polling on your side," he said. "Part of that is compromise. You don't always get what you want, you don't always get the initiative of your dreams. What you want is a bill that can win."

"This is poll driven," said travel writer, TV host, and I-502 proponent Rick Steves. "It isn't a utopian fix. We need to win this. This doesn't feel pro-pot, but anti-prohibition."

"Regulate marijuana like alcohol is our message," said Sensible Colorado head and Amendment 80 proponent Brian Vicente. "We don't talk about legalization, but regulation. We've built support for this through two avenues, medical marijuana, where we've worked hard to make our state a model for how it can be taxed and regulated, but also through consistent earned media pushes and ballot initiatives to introduce the public to the idea that this isn’t the demon weed. We're consistently ahead five to ten points in the polls. We think this will be a damned close election."

When Vicente noted that the Colorado initiative had no drugged driving provision, he was met with loud applause. 

Drug Policy Alliance
head Ethan Nadelmann provided a primer on what major donors look for when it comes to supporting initiatives.

"We don't pick out a state in advance," he explained. "We want to know at the get-go if there is already a serious majority in favor of legalization. To think you can use a campaign to move the public is not true; the role of the ballot process is to transform majoritarian public opinion into law when the state legislature is unable or unwilling to do so. You want to go in with 57% or 58% on your side. Anything short of that, you're going to lose."

And watch out for October, he warned.

"In the final weeks, the opposition mobilizes," Nadelmann said. "You get the cops, the politicians, the feds speaking out and scaring people -- that's why these are hard to win, and that's why I'm still really nervous."

Still, the Drug Policy Alliance is deeply involved in Colorado and has put a lot of money into Washington, Nadelmann said, while noting that the Marijuana Policy Project had also put big bucks into Colorado.

"We have to win this year so we can figure out how to win a bunch more in 2016," Nadelmann said, adding that he was looking toward California. "We're going to try to put together the best and most winnable legalization initiative in California in 2016.

NORML 2012 wasn't all about the initiatives -- there were also panels on advances in medical marijuana, advances in the Northeast, and the role of women in the movement, among others, and a rousing speech from long-time anti-war activist Tom Hayden and a new-born movement star in Ann Lee, the mother of Richard Lee -- but with the marijuana legalization movement looking like it's about to step foot in the Promised Land after decades in the political wilderness, next month's elections dominated. The prospect of imminent victory really focuses the mind.

Los Angeles, CA
United States

Initiative Watch

Just over a month out, medical marijuana and marijuana legalization initiative campaigns are heating up.

Arkansas

See our feature article this week on the Arkansas initiative and its prospects here.

California

All was quiet on the Proposition 36 three-strikes initiative front.

Colorado

Last Thursday, a group of armed forces veterans came out for Amendment 64. The group, Veterans for 64, was formed after the state denied a plea to add post-traumatic stress disorder (PTSD) to its list of ailments for which medical marijuana can be used. "The state's failure to act is an effective denial of this compassionate petition," said Vietnam veteran Bob Wiley. "Our only option is to support Amendment 64, which will ensure that Coloradans 21 and older who suffer from PTSD will no longer be subject to arrest and prosecution for using marijuana."

Also last Thursday, a study found that one in 20 Colorado arrests are marijuana-related. The study, conducted by the Colorado Center on Law and Policy for the Drug Policy Alliance found that police forces in the state spend about 4.7% of their budgets enforcing marijuana prohibition, the courts spend 7%, and the corrections system spends 2%. All told, the study concludes that legalizing small amounts of marijuana will save Colorado taxpayers $12 million a year in the beginning and up to $40 million a year in later years.

On Tuesday, Republican state Sen. Shawn Mitchell endorsed Amendment 64. "It's clear the war on drugs isn't working, and we need to try different approaches to this in society," said Mitchell, who has long had a libertarian-style view of drug use, based in part on his own family's experience. "Watching a brother battle addiction has made me question the worth of legal penalties," he said. He joined former US Rep. Tom Tancredo and a handful of other Republican supporters organized by the Republican Liberty Caucus at a rally at the capitol that day.

On Wednesday, the Amendment 64 campaign released a new TV ad arguing that money from marijuana sales should go to Colorado schools, not Mexican drug cartels. "We all know where the money from non-medical marijuana sales is currently going," the narrator says as dollar signs cascade down from Colorado and into Mexico. "It doesn't need to be that way. If we pass Amendment 64, Colorado businesses would profit and tax revenues would pay for public services and the reconstruction of our schools. Let's vote for the good guys and against the bad guys -- let's have marijuana tax money go to our schools rather than criminals in Mexico."

Massachusetts

On Wednesday, opponents of Question 3 gathered in Somerville to discuss the measure. Some 20 people, including Somerville Police Chief Thomas Pasquarello, gathered for a talk by Cory Mashburn, Director of the Somerville Office of Prevention, part of the Somerville Health Department. Dispensaries will resemble "candy stores or a 7-11," he told the small crowd.

Montana

All was quiet on the I-124 front.

Oregon

Last Thursday, the Yes on 80 campaign criticized a raid on a major medical marijuana provider. The campaign addressed that day's raid on the Human Collective in Tigard, saying "prohibition is the problem, regulation is the solution."

On Wednesday, the Associated Press reported on money problems for Measure 80. The campaign had only $1,800 in the bank, the AP reported, citing potential large donors' doubts about the measure's ability to win and skepticism about the measure's main backer, Paul Stanford. The measure is trailing in the polls.

Washington

On Sunday, the Columbian (Vancouver, WA) endorsed I-502.

As of Monday, the I-502 campaign had raised $4 million, including $670,000 donated last week by Progressive Insurance founder Peter Lewis, who has now thrown in a total of $1.55 million. The campaign used some of that money for a $700,000 TV ad buy for use in the final week before the election.

Also on Monday, the campaign won the endorsement of King County Sheriff Steve Strachan, who is running for re-election. "I think the current situation is bad for the rule of law, bad for the criminal justice system and and it sends a bad message to our kids," he said. Strachan's opponent, longtime Sheriff's spokesman John Urquhart, previously endorsed I-502.

On Tuesday, the Spokane Spokesman-Review endorsed I-502.

On Wednesday, Republican US Senate hopeful Michael Baumgartner endorsed I-502, giving the campaign one of its highest-profile Republican supporters yet. He is running a long-shot bid to defeat Democratic US Sen. Maria Cantwell. I-502 is "taking a different approach to a very expensive drug war, and potentially a better approach," Baumgartner said. "They've checked all the boxes as far as what you would want to see happen in terms of provisions to keep it away from children and limiting access in the public space. I've just been impressed with the initiative and the people running it."

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

TONIGHT: StoptheDrugWar.org Marijuana Legalization Initiatives Teleconference

[Please join us tonight! Updated agenda below]

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
  • Steve Fox, Marijuana Policy Project (coordinating Colorado efforts)
  • Tony Ryan, Law Enforcement Against Prohibition

Moderated by David Borden, executive director of StoptheDrugWar.org, and joined by Drug War Chronicle writer/editor Phillip S. Smith.

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.

Washington Marijuana Legalization Measure In Strong Position [FEATURE]

 

A little more than a month out from Election Day, Washington state's I-502 marijuana legalization, regulation, and taxation initiative looks to be well-positioned yet to actually win at the ballot box, with powerful supporters, lots of money, and a healthy lead in the polls. But it's not a done deal yet.

Sponsored by New Approach Washington, I-502 would legalize the possession of up to an ounce of marijuana by adults 21 and over, but not allow them to grow their own. Instead, it would create a scheme of licensed, taxed, and regulated commercial marijuana cultivation, processing, and retail sales under the eye of the state liquor control board. Medical marijuana patients are exempted from its provisions.

I-502 polled at 57% support two weeks ago, up three points from a June poll. Meanwhile, opposition to the initiative is declining in those polls, from 37% in June to 34% this month.

The good numbers are due at least in part to the powerful list of endorsements, which include not only the usual drug reform suspects, but also labor, civil rights, and children's and retiree's groups, the state Democratic and Green parties, an increasing list of the state's most-read newspapers, including the Seattle Times and the Olympian, both of which endorsed the initiative within the last week. Also on board are figures are mainstream criminal justice figures like Seattle City Attorney Pete Holmes and former US Attorney for the Western District of Washington John McKay, the man who prosecuted Canadian "Prince of Pot" Marc Emery (who also endorses the initiative).

Money helps, too, and I-502 has it. The campaign has raised over $3 million so far, including $715,000 from the Drug Policy Action Network, the lobbying and campaign arm of the Drug Policy Alliance, $821,000 from Progressive Insurance founder and drug reform Daddy Warbucks Peter Lewis, and $450,000 from Seattle-based travel writer Rick Steves. That means that although it has already spent $1 million on early ad buys, it still has $2 million in the bank, and it's still fundraising.

The initiative has drawn some criticism internally within the drug reform movement, including some outright opposition, mainly for a drugged driving provision. Under I-502's language, drivers caught driving with more than 5 nanograms of the longer-acting THC metabolites in their blood can be convicted, per se, of Driving Under the Influence of Drugs (DUID). Supporters point out that the initiative excludes the long-acting THC-COOH metabolite from the reach of the DUID provision, and that police are prohibited from ordering blood tests unless there is probable cause to suspect that a driver is impaired. They also argue that language addressing driving is necessary to make the initiative palatable to those voters in the state whose summers don't revolve around Hempfest.

New Approach Washington is being cautious.

"You know it's going to be close, very close, everything seems to be going well, but we're still six weeks out," said campaign director Allison Holcomb, counseling against complacency.

"We definitely will have money to do some paid media advertising, but fundraising will go on until the last moment," said Holcomb. "We've raised $2 million from big donors, but also lots with local support. People with no connection to drug policy or marijuana policy are stepping forward. They get that we're not promoting marijuana use, but better marijuana laws. It's all starting to click."

Aside from the intramural criticisms, Holcomb said there is little organized opposition.

"There are about a half dozen law enforcement and treatment and prevention folks who make the rounds and debate with us, but in terms of organizations launching a campaign against the initiative, we're really not seeing that," she said. "We view that as a testament to the drafting and endorsements we're picking up."

And while the intra-movement opposition is loud and boisterous, there may be less to it than meets the eye, said Holcomb.

"It doesn't seem to be that much of a problem," she said, although she acknowledged it had been "upsetting" on a personal level. "When we are at events like Hempfest or the High Times Cannabis Cup and have our table, people come up and express their concerns and ask questions. There is a lot of confusion within the grassroots, but we can clear up that confusion. A lot of the concern is built around fear of the unknown, too, but if you can get off the Internet and off Facebook, you can talk to people and address their concerns."

Two of the most prominent movement opponents of the initiative told the Chronicle it was hopelessly flawed, but the campaign and a raft of national drug reform groups begged to differ.

"This isn't legalization -- in order to legalize you have to remove all the criminal penalties, but this actually adds them in the form of DUIDs," said Steve Sarich, a medical marijuana businessman and advocate who spokesman for Vote No on I-502, a movement group opposing the initiative.

One of the loudest opponents of the initiative, Seattle defense attorney and Sensible Washington co-founder Douglass Hiatt. Sensible Washington twice tried to get a more sweeping legalization initiative on the ballot, but came up short. It is already planning another try for next year. "It doesn't legalize hemp or marijuana, but instead creates a narrow exception for possession of up to an ounce by adults over 21," Hiatt claimed.

Sarich's and others' fears notwithstanding, the experience of other states that have adopted per se DUID laws does not suggest a massive wave of arrests as a result. A chart compiled by NORML looks at what has happened in 14 states that have adopted such laws, some of them "zero tolerance," some of them with specified per se levels. No data was available for four states, DUIDs declined in five of them and increased in five others. In most cases, the percentage increase was under 10%. The number of marijuana DUIDs is smaller than the actual DUID numbers by some unknown percentage because the states do not differentiate between marijuana and other drug DUIDs.

National groups such as NORML, the Marijuana Policy Project, and Law Enforcement Against Prohibition told the Chronicle the initiative represents the best chance of winning a legalization vote and they are standing strong behind it despite concerns about some of the provisions. The Drug Policy Alliance, for its part, has put its political action committee's money where its mouth is.

"We support I-502 and hope it passes," said MPP spokesman Morgan Fox. "MPP generally will stand behind any initiative that results in fewer arrests, and I-502 will mean roughly 13,000 fewer arrests for adult possession. Passage of this initiative will also be a tremendous step forward in marijuana policy reform nationally and will help to show the federal government that prohibition is no longer what the public wants."

MPP is not putting money into the campaign, but is supporting it logistically and through getting the word out to its members, Fox said. Like many other supporters, it is endorsing I-502 despite reservations about the DUID limits.

"While per se DUID limits are not supported by our current scientific knowledge and MPP would prefer not to see them included in I-502, it is necessary to include some sort of provision to address impaired driving," Fox said. "It is more than likely that the negative effects of this particularly law will be far less severe than some may fear."

"We prefer proposals that include the right to grow your own and we certainly oppose per se DUID standards, but if you're asking whether we would support an initiative that has made the ballot, those flaws become insignificant compared to the benefits for all of us should this pass," echoed NORML founder Keith Stroup. "The NORML board of directors unanimously supported this."

"We can't win just with the support of the stoners," Stroup continued. "If you had listened to the Hempfest debates, you would have been convinced the community was divided, but to win, we have to have a majority of voters, not a majority of Hempfest attendees. The campaign did extensive polling and found that if they included personal cultivation and no DUID, they couldn't win," the silver-haired reform veteran argued.

"All the surveys show you aren't likely to win the non-pot smokers unless you can satisfy them that we are not unleashing a significant number of impaired drivers on them," Stroup noted. "That may not be a rational fear, but as we saw in the Proposition 19 exit polling, one of the main reasons people opposed was the concern about impaired drivers. Of course, that presumes stoners wouldn't drive if this didn't pass, but millions are driving every day and most have no problems."

"Look," said Stroup, "I admire this campaign. They have succeeded in getting the most establishment support for any legalization proposal ever. You have the individual who was responsible for prosecuting marijuana cases in Seattle sponsoring this initiative. The reason they are able to get establishment support is that they took establishment positions. Despite the provisions we don't really like, we totally support I-502, just like we support the initiatives in Colorado and Oregon."

The issue of impaired driving is going to continue to plague legalization efforts, Stroup said, and the movement has to figure out a response.

"One way or another, we'll be dealing with DUID provisions in any legalization proposal coming down the road," he said. "We're going to have to accept some DUID provisions, but hopefully we convince people that per se is not necessary."

"Flawed as it is, I-502 represents that best chance we've seen in this country to legalize, tax, and control marijuana," said former Seattle police chief and Law Enforcement Against Prohibition member Norm Stamper. "That per se DUID provision is causing a whole lot of us some heartburn, but on the other hand, this initiative gives us the best chance to really test the federal government's clout. If it passes, it's on a collision course with the feds, and we need to pass this in a very strategic and powerful way to make them blink.

"There is no such thing as a perfect initiative," Stamper continued, but this one has a whole lot going for it. I'm campaigning for it, I'm voting for it, and I encourage everyone to do the same." Stamper also predicts "an early test case" on the DUID provision. "[U]nlike the 0.008% blood alcohol content level, the per se DUID is not established science," he said.

Stamper and other LEAP members have been hitting the hustings in support of I-502, bringing the powerful message of law enforcement support for reform to audiences across the state. "People are very impressed with LEAP," said Stamper. "There probably isn't a LEAP speaker who hasn't heard 'coming from you guys, we have to listen.' That's not so much a function of our elegance as speakers, but of the fact that we were on the front lines of the drug war for so many years, and some of us still are."

In Washington state, this movement argument over per se DUID may cost some purist pot votes on election day, but having that language in the initiative could also be the key to bringing enough worried soccer moms over to make it a winning issue. As Stroup noted, this is an issue that the movement will have to continue to confront, but it may be better to confront it from a position where the voters have already said "legalize it."

WA
United States

Initiative Watch

We're a little more than a month from election day. Here's what's going on with the state-level initiatives.

California

Last Thursday, LA County DA candidates gave differing views on Proposition 36 during what is likely the final debate of their campaigns. Deputy District Attorney Alan Jackson opposes the measure, which would modify the state's draconian three-strikes law, while Chief Deputy District Attorney Jackie Lacey supports it.

Colorado

Last Friday, the Amendment 64 campaign demanded an apology from opponents for smearing a retired veteran Denver police officer as a "rent a cop." The description came from Roger Sherman, head of the No on 64 campaign, and was in response to a series of endorsements of Amendment 64 by law enforcement personnel and organizations. It was aimed at retired Lt. Tony Ryan, a Denver Police Medal of Honor recipient and Purple Heart holder. Sherman has yet to respond to the invitation to apologize.

Also last Friday, conservative former congressman Tom Tancredo endorsed Amendment 64. He sent a letter to some Republican state lawmakers outlining his support. "I have decided that it presents a responsible, effective and much-needed solution to a misguided policy," he said in the letter. "Eighty years ago, Colorado voters concerned about the health and safety of their families and communities approved a ballot initiative to repeal alcohol prohibition prior to it being done by the federal government. This November, we have the opportunity to end the equally problematic and ineffective policy of marijuana prohibition."

Massachusetts

On Monday, US Senate candidate Elizabeth Warren (D) said she supported medical marijuana. "You know, I held my father's hand while he died of cancer, and it's really painful when you do something like that up close and personal," she said in an interview. "My mother was already gone and I was very very close to my father. And it puts me in a position of saying, if there's something a physician can prescribe that can help someone who is suffering, I'm in favor of that. Now, I want to make sure they've got the right restrictions. It should be like any other prescription drug. That there's careful control over it. But I think it's really hard to watch somebody suffer that you love." That wasn't a direct endorsement of the initiative, Question 3, but pretty darned close.

Montana

A poll released last week showed I-124, the initiative to undo the legislature's gutting of the state's 2004 voter-approved medical marijuana law, at under 50%. That's a good thing, because a "yes" vote endorses the legislative gutting. Only 44% of those polled said they would vote "yes," but with 31% saying they would vote "no," that still leaves a large uncommitted bloc.

Oregon

Last Wednesday, former Oregon Secretary of State Bill Bradley endorsed Measure 80. "Our nation's war on drugs has really been, for decades now, a war on Americans of color and our poorest, most vulnerable citizens, and the ban on agricultural hemp has been the collateral damage" said Bradbury. "I urge my fellow Oregonians to vote yes on Measure 80, which is an historic opportunity to show our fellow Americans a way to end the failed drug war, begin a new, sensible approach to marijuana, and restore hemp to our farmers and hi-tech entrepreneurs for biofuel, textiles, and advanced manufacturing."

Washington

See our feature article this week on the state of play for Washington's I-502 initiative here.

Initiative Watch

Three marijuana legalization initiatives, two medical marijuana initiatives, and one sentencing reform initiative are on state ballots this year. We'll be running a feature story on one of them each week between now and election day, but we've created this short-term feature to keep up with all of them. Here's what's happening:

Arkansas

Last Wednesday, supporters and foes of the medical marijuana initiative sparred in court over ballot summary language. Opponents are attempting to knock the initiative off the ballot by challenging the language, but supporters say it is fair and want the state Supreme Court to block the move. If it stays on the ballot and passes, the Arkansas Medical Marijuana Act would be the first such initiative passed in the South.

Colorado

Last Wednesday, Gov. John Hickenlooper came out in opposition to Amendment 64, the tax and regulate marijuana legalization initiative. He said that making marijuana legal would send the wrong message about drug use. "Colorado is known for many great things -- marijuana should not be one of them," Hickenlooper wrote.

That provoked an immediate, tart response from Mason Tvert of the Campaign to Regulate Marijuana Like Alcohol. "Governor Hickenlooper's statement today ranks as one of the most hypocritical statements in the history of politics," said Tvert. "After building a personal fortune by selling alcohol to Coloradans, he is now basing his opposition to this measure on concerns about the health of his citizens and the message being sent to children. We certainly hope he is aware that alcohol actually kills people. Marijuana use does not. The public health costs of alcohol use overall are approximately eight times greater per person than those associated with marijuana. And alcohol use is associated with violent crime. Marijuana use is not."

Also last Wednesday, a Denver district judge allowed a state-issued voters' guide to proceed even though the Campaign had challenged it as grossly imbalanced after a legislative committee edited the wording. The voters' guide now contains 366 words opposing the measure and only 208 supporting it.

Also last Wednesday, the Colorado University Board of Regents formally opposed Amendment 64. "We are expressing to parents and future students that we oppose Amendment No. 64 because it's against state laws and federal laws and we're law abiding regents," regent Tillie Bishop explained. Following the vote, Bishop offered an open invitation to his fellow regents to attend the 21st annual Colorado Mountain Winefest, which began last Thursday in Palisade.

Last Saturday, the latest poll had Amendment 64 leading 51% to 40%, with 8% undecided. The average of all polls so far has Amendment 64 leading by 49.7% to 39.3%.

On Wednesday, the Colorado Education Association opposed Amendment 64, this after campaign organizers had included language directing funds to public school construction in a bid to at least have the group stay neutral.

"We're sorry to hear the Colorado Education Association has been convinced to embrace a position counter to the interests of students and parents," Mason Tvert responded. "In fact, it was CEA that suggested tax revenue raised through the initiative should benefit public school construction in Colorado. We agreed it would be a good use of new revenue, and we are proud to say that Amendment 64 would direct tens of millions of dollars per year toward improving Colorado schools. It's odd that our opponents are criticizing the idea of Amendment 64 directing new revenue toward public school construction, as it was embraced by the CEA when it contributed that very idea during the drafting process. In fact, when we consulted with CEA during the drafting of the initiative they indicated they would be remaining neutral on the issue, but that's politics for you. It's understandable that an organization like CEA would want to toe the line of the powers that be, but it's unfortunate that they are playing politics when the future of Colorado schools -- and the health and safety of our children -- are at stake."

Also on Wednesday, the campaign announced pending endorsements from national law enforcement groups and former law enforcement officials. The endorsing groups are the National Latino Officers Association and Blacks in Law Enforcement in America. They will hold a press conference Thursday.

Massachusetts

Last Tuesday, Progressive Insurance founder Peter Lewis announced he had given $465,000 to the Committee for Compassionate Medicine, the ballot committee behind Question 3, the medical marijuana initiative. The brings the total raised by the committee to $512,860, compared to $600 raised by the opposition Vote No on Question 3 committee.

Last Thursday, a spoof site ridiculing medical marijuana opponents grabbed the Vote No on Question 3 domain name, even though the opposition group had listed it on the state voters' guide. (They forgot to register it.) Now the address is home to a web page warning that medical marijuana is a gateway to "Twinkie addiction."

On Monday, the latest polling had Question 3 winning with 59% of the vote. The opposition was at 35%, with 6% undecided. The yes vote was a slight increase over the previous poll.

North Dakota

On Wednesday, the state Supreme Court ruled that the medical marijuana initiative will not be on the ballot. The secretary of state had blocked the initiative, saying there was ample evidence that University of North Dakota football players hired as signature gatherers had committed fraud by forging signatures. Proponents of the measure sought to get the court to overturn the secretary of state's decision, to no avail.

Oregon

On Monday, state Rep. Peter Buckley endorsed Measure 80, the state's tax and regulate marijuana legalization initiative. "Overall, legalization would take the black market out of Oregon," said Buckley (D-Ashland) who has served as co-chairman of the Legislature's Ways and Means Committee for the past two sessions.

On Monday, a new political action committee was formed to raise funds for Measure 80. Oregonians for Law Reform co-director Sam Chapman said, "Ending prohibition is an idea whose time has come, again. We will urge voters to rally behind Measure 80, not get bogged down in the typical pro and con rhetoric around the details of an initiative. We must show our support for this measure to help build momentum for victory, either in November or some time soon."

On Tuesday, a new poll had Measure 80 trailing 41% to 37%, with 22% undecided.

Washington

Last Monday, the Children's Alliance endorsed Initiative 502, the state's tax and regulate marijuana legalization initiative. The Children's Alliance is a Seattle-based advocacy group with more than 100 social-service agencies as members. "The status quo is not working for children, particularly children of color," said deputy director Don Gould. "Public policy ought to move us further toward racial equity and justice, and Initiative 502 is one step forward to that."

Last Wednesday, a new poll had I-502 winning with 57% of the vote and only 34% opposed. Support is up 3% over a June poll.

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.

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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://www.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.

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