Marijuana -- Personal Use

A bi-partisan group of US representatives led by Rep. Dana Rohrabacher (R-CA) Friday introduced legislation that would end the enforcement of federal marijuana laws in states that have either legalized it or adopted medical marijuana laws. That would bring 18 medical marijuana states and two legalization states -- Colorado and Washington -- out from under the shadow of the Controlled Substances Act when it comes to marijuana law reform.

The bill is House Bill 1523, the Respect State Marijuana Laws Act. It was not yet available online as of press time.

"This bipartisan bill represents a common-sense approach that establishes federal government respect for all states' marijuana laws," said Rohrabacher. "It does so by keeping the federal government out of the business of criminalizing marijuana activities in states that don't want it to be criminal."

Joining Rohrabacher as cosponsors of the bill were Reps. Justin Amash (R-MI), Earl Blumenauer (D-OR), Steve Cohen (D-TN), Jared Polis (D-CO), and Don Young (R-AK).

That brings to at least five the number of marijuana reform bills introduced in the 113th Congress, six if you count an industrial hemp bill. Three of those bills deal with medical marijuana, one with the ability of states to tax marijuana commerce, and one would end federal marijuana prohibition.

Reps. Polis, Blumenauer, Rohrabacher, and others also introduced that latter bill, House Bill 499, the Ending Federal Marijuana Prohibition Act, H.R. 499, which would set up a federal regulatory process -- similar to the one for alcohol -- for states that decide to legalize. Senate Judiciary Chairman Patrick Leahy (D-VT) has said he will hold hearings to examine Colorado and Washington’s new marijuana laws and explore potential federal reforms.

Marijuana law reform efforts in the Congress are being propelled not only by the continuing spread of medical marijuana laws and the impressive victories in Colorado and Washington -- each state saw 55% of voters approve legalization -- but also by ever-mounting evidence that public opinion nationwide is swinging in favor of legalization, and against federal interference in states undertaking marijuana law reforms.

A Pew poll released earlier this month had support for marijuana legalization at 52%, the highest ever for a Pew poll and the first time a Pew poll showed majority support for legalization. Five other recent opinion polls have shown support for legalization hovering at the tipping point, with two of them just under 50%, one at 50%, one at 54%, and one at 57%.

That same Pew poll also found considerable skepticism about enforcing the marijuana laws, with 72% agreeing that "government efforts to enforce marijuana laws cost more than they are worth" and 60% saying that the federal government should not try to enforce marijuana laws in states where it is legal.

"The people have spoken and members of Congress are taking action," said Bill Piper, director of national affairs for the Drug Policy Alliance. "This bill takes conservative principles and applies them to marijuana policy; in terms of the national debate it’s potentially a game-changer."

"This bill is a win for federalism and a win for public safety," said Neill Franklin, a former Maryland narcotics detective and now executive director of Law Enforcement Against Prohibition. "In a time of bitter partisanship, it is quite telling that both Republicans and Democrats are calling for respect for the reform of marijuana laws. Polls show this is a winning issue for politicians, and change is inevitable. We applaud those legislators who, rather than trying to impede this progress, stand with the vast majority of Americans who believe these laws should be respected."

"Marijuana prohibition is on its last legs because most Americans no longer support it," said Steve Fox, national political director for the Marijuana Policy Project. "This legislation presents a perfect opportunity for members to embrace the notion that states should be able to devise systems for regulating marijuana without their citizens having to worry about breaking federal law. If a state chooses to take marijuana sales away from cartels and the criminal market and put them in the hands of legitimate, tax-paying businesses, it should be able to do so without federal interference."

"We've reached a tipping point," said Jasmine Tyler, deputy director of national affairs for the Drug Policy Alliance, "and it is time Congress acknowledge what voters, law enforcement, and state officials have been telling us for years: the feds should stop wasting money interfering when the states are more than capable of regulating marijuana effectively."

Even though this and the other federal marijuana reform bills have been introduced with bipartisan support, their future in the Republican-dominated House this session is murky at best. Some key committee chairs, such as Rep. Bob Goodlatte (R-VA), head of the House Judiciary Committee, are very hostile to any reform efforts. But the pressure is mounting.

An Oregon bill that would legalize marijuana was approved by the House Judiciary Committee Wednesday on a 6-3 vote after hearing testimony that same day. That marks the first time any Oregon marijuana legalization measure has won a committee vote. The bill now heads to the House Revenue Committee.

The bill, House Bill 3371, would legalize marijuana possession for adults 21 and over, provide for the cultivation of a small number of plants without regulation, and set up a system of taxation and regulation of marijuana commerce. It was sponsored by the Revenue Committee.

"Marijuana legalization is coming to Oregon sooner rather than later," said Anthony Johnson of New Approach Oregon, a group supporting legalization. "It makes sense to regulate marijuana like alcohol and for the legislature to take the lead on the issue and make sure sensible regulations are in place."

The only opposition to the bill at the Wednesday hearing came from the Oregon State Sheriffs' Association, which said it was concerned about drugged driving, underage use, and drug dependency.

"This act will not make the problems of marijuana abuse go away," said Washington County Sheriff Pat Garrett, speaking on behalf of the association.

Oregon became the first state in the nation to decriminalize marijuana in 1973. Last, the Measure 80 marijuana legalization initiative, poorly funded and hobbled by the mixed reputation of its proponent, Paul Stanford, managed to pull in nearly 47% of the popular vote. Activists have been discussing whether to go forward with another initiative in 2014, but if HB 3371 keeps moving, they may not have to wait that long.

For the first time since the Pew Research Center started polling on the question 40 years ago, it has found that a majority of Americans favor legalizing marijuana. In a Pew poll released Thursday, 52% supported legalization, with only 45% opposed.

The Pew results are in line with other recent polls on the topic. Five polls released in December showed marijuana legalization hovering on the cusp of majority support. Those polls had support at 47%, 48%, 50%, 54%, and 57%, respectively.

The Pew poll found majority support for marijuana legalization among Democrats, independents, and liberal and moderate Republicans. There was also majority support among all age groups except those before the Baby Boom generation.

The gender gap continues to be evident. Some 57% of men supported legalization, but only 48% of women.

The poll also found considerable skepticism about enforcing the marijuana laws, with 72% agreeing that "government efforts to enforce marijuana laws cost more than they are worth" and 60% saying that the federal government should not try to enforce marijuana laws in states where it is legal.

Drug reformers liked the poll results.

"I've always tended to be cautious in claiming that we've hit the 'tipping point' on marijuana legalization," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "But we're there now. And I'd say we're trailing marriage equality by just a half-step, even if far fewer elected officials are willing to join publicly with us as yet."
 

The Pew poll has lots and lots of informative detail. It's worth clicking on the link above to check it out.

On Monday, Nevada became the latest state to see a marijuana legalization bill filed this year. Assemblyman Joe Hogan (D-Las Vegas) introduced Assembly Bill 402, which would allow people 21 and over to possess up to one ounce of marijuana and would set up a system of state regulation and taxation of marijuana commerce.

Nevada now joins Maine, Maryland, Massachusetts, New Hampshire, Pennsylvania, Rhode Island, and Oregon as states where legalization bills have been or will be filed. A legalization bill died earlier this year in Hawaii, and one died last week in New Hampshire, but another New Hampshire legalization bill is still alive.

The Nevada bill expressly does not allow driving while impaired, does not require employers to accept marijuana use, and limits legalization to those 21 and over.

Marijuana has already been legalized by voters in Colorado and Washington, and the Alaska courts have recognized a privacy right allowing for the possession of small amounts of marijuana in one's home. Marijuana remains illegal under federal law.

Hogan told the Las Vegas Review-Journal he introduced the bill because of what he called the persecution of young people.

"I think it's better than chasing young kids around the neighborhoods, endlessly, and damaging them," he said. "We've been wasting terrible amounts of money on these completely unsuccessful law enforcement techniques. I think it's time to get serious, get it fixed and move on."

Hogan said that marijuana legalization would raise badly needed money for the state's education system. It envisions excise taxes on both wholesale and retail sales of marijuana and marijuana products.

"There's enough tax money in this line of products to properly and fully support education in the state of Nevada, which we have failed to do for a number of years," Hogan said.

The bill is the brainchild of Dr. Steven Frye, a retired Las Vegas psychiatrist and marijuana legalization activist. Frye told the Review-Journal legalization could generate as much as $500 million a year in tax revenues.

"It's a big tourist issue," he said. "And we create green jobs in Nevada growing, processing and selling it."