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Billboard Goes Up for Colorado Marijuana Initiative

In the opening move of its election season effort to pass Amendment 64, a marijuana legalization and regulation initiative, the Colorado Campaign to Regulate Marijuana Like Alcohol has put up a billboard in the heart of Denver featuring a nice, middle aged woman who says, "For many reasons, I prefer marijuana over alcohol" and asks "Does that make me a bad person?"

the first billboard in the Colorado campaign (CRMLA)
The billboard near Mile High Stadium sits above a liquor store. It went up last Thursday.

The initiative, which takes the form of a constitutional amendment, legalizes the possession of up to an ounce of marijuana by adults 21 and over. Adults would also be able to possess up to six plants -- three mature -- and the fruits of their harvest.

It also calls for the licensing of marijuana cultivation facilities, product manufacturing facilities, testing facilities, and retail stores. It would require the legislature to pass an excise tax on the wholesale sale of marijuana and that the first $40 million in tax revenues each year be dedicated to the state's public school capital construction assistance fund. It would give local governments the ability to regulate such facilities or prohibit them.

In the most recent polling on the issue, a December Public Policy Polling survey found that 49% supported the general notion of legalizing marijuana -- the poll did not ask specifically about Amendment 64 -- while 40% opposed it and 10% were undecided.

That shows that victory is within reach, but by no means assured. One of the key demographic groups needed to win is mothers and middle-aged women, like that nice lady on the billboard.

Colorado isn't the only state where marijuana legalization will be on the ballot. A similar effort in Washington has qualified for the ballot, while signature-gathering for initiatives continues in a number of states. Of those, efforts in Oregon and Montana now appear to have the best shot of actually qualifying for the ballot.

Massachusetts Marijuana Legalization Bill Gets Hearing

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

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

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

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

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

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

But some committee members were skeptical.

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

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

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

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

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

No vote was taken and the bill remains in committee.

Boston, MA
United States

Oregon Marijuana Legalization Initiatives Moving [FEATURE]

The clock is ticking on marijuana legalization initiatives in Oregon. There are currently four different initiative campaigns underway, but at this point, four months away from when signatures must be handed in, only two look like they have any chance of success this year, and both of them are still tens of thousands of signatures from getting on the November ballot.

view of Mount Hood from Portland (photo from usgs.gov)
If one or both of them makes the ballot, the Pacific Northwest could be a real hotbed of marijuana reform activity this fall. An initiative to tax and regulate marijuana is already on the ballot next door in Washington, and nearby, sparsely populated Montana is also the site of an active initiative signature-gathering campaign for legalization with at least decent prospects of making the ballot.

The two best positioned Oregon initiatives are the Oregon Cannabis Tax Act of 2012 (OCTA) and the Oregon Marijuana Policy Initiative (OMPI), which are well into their signature-gathering campaigns. Essentially serving as placemarkers for the next electoral cycle are the Control, Regulation, and Taxation of Cannabis Act (CRTC), which was just approved for a draft title, and an initiative from Sensible Oregon, which has yet to be approved for a draft title.

The initiative currently furthest down the path toward the ballot box is the OCTA (Initiative Petition #9), sponsored by veteran activist and medical marijuana entrepreneur Paul Stanford. It would allow adult Oregonians to possess and grow their own marijuana. It would allow Oregon farmers to grow hemp. And it would license Oregon farmers to grow marijuana to be sold at state-licensed pot stores. An earlier version of OCTA failed to make the ballot last in 2010.

OCTA campaign spokespersons said it had so far collected more than 50,000 signatures. It needs some 87,000 valid voter signatures to make the ballot, so OCTA's goal is to gather about 130,000 to have a comfortable cushion to account for invalid signatures.

Also well-placed is the OMPI, a constitutional amendment (Initiative Petition #24) to repeal the state's marijuana laws. It is supported by numerous in-state groups. "Except for actions that endanger minors or public safety, neither the criminal offenses and sanctions nor the laws of civil seizure and forfeiture of this state shall apply to the private personal use, possession or production of marijuana by adults 21 years of age and older," the amendment says. "The State may enact laws and regulations consistent with this amendment to reasonably define, limit and regulate the use, possession, production, sale or taxation of marijuana under state law."

The OMPI campaign, operating as Citizens for Sensible Law Enforcement, reported 46,200 signatures handed in as of Sunday. But because it is a constitutional amendment, OMPI must meet a higher signature threshold than other initiatives. It needs 117,000 valid signatures to make the ballot, and the campaign is aiming at turning in 185,000.

The CRTC (Initiative #44) would remove marijuana from the state controlled substances act and give the legislature the ability to enact laws to control, regulate, and tax commerce in marijuana and industrial hemp.

The Sensible Oregon initiative "would remove existing civil and criminal penalties for adults twenty one years of age, who cultivate, possess, transport, exchange or use marijuana" and require the legislature to come up with a regulatory scheme.

The Sensible Oregon initiative has gathered 746 of the initial 1,000 signatures needed to win a ballot title. Activists are gathering them on a volunteer basis.

Doug McVay, a long-time activist now (again) working for Voter Power, the group behind Oregon's successful 1998 medical marijuana initiative, said Voter Power supports any and all of the initiatives, but is concentrating its limited resources on the OMPI and a second initiative that would create a state-regulated medical marijuana dispensary system.

"It's a tough row to hoe to get enough signatures for a constitutional amendment, but we're still working closely with the campaign, and they're well on track to get there," said McVay. "And OCTA, well, God bless them, removing all criminal penalties would be good, and it would be wonderful if they can get it done."

Time is running out on Sensible Oregon, said McVay.

"When they finally turn in their 1,000 signatures to the Secretary of State, it's going to take a minimum of 50 business days before they can start signature-gathering, and that's if there are no challenges," he explained. "They wouldn't be able to start until mid-May at the earliest, and they only have until July 6. They need to fish or cut bait."

"Unfortunately, our effort is suffering from a lack of resources. We don't have strong outreach," said Oregon NORML's Madeline Martinez, wearing her Sensible Oregon hat. "We feel strongly that it has the best language for a draft title, and our years dealing with the legislature and lobbying lead us to believe people will be less likely to vote for a constitutional amendment for marijuana," she said.

But the Sensible Oregon initiative is struggling even to get those first 1,000 signatures. "We would like to at least get those signatures so we can get a draft title and poll on that," Martinez said, "but the chances for this year are pretty slim unless we get that draft title and poll well and people start throwing money at us."

Similarly, Anthony Johnson, proponent for the CRTC, which is just getting its draft title, was setting his sights down the road. "We'll get and improve on our ballot title and do some polling," he said. "We're playing for 2014 and 2016. It looks like the OMPI has the best chance of qualifying and passing, but even if it did pass, there would still be a need to reform the law."

OCTA proponents did not respond to requests for comment this week, but in a recent communication to activists, Stanford said the campaign had 15 paid signature-gatherers and was in the process of hiring 20 more, as well as more than 900 volunteers. He said he had polls that showed OCTA could win with 60%, but copies of those polls were not available.

"We have the money in the bank to pay to put OCTA on the ballot this year and we will do it," he vowed.

But OMPI is also making a big and well-organized push in the final months.

"I have 220 circulators on the street and we're hiring continuously," said OMPI proponent Robert Wolfe. "We have money in the bank or pledges to make it all the way. I think I-24 is a lock for the ballot."

Wolfe said OMPI had polling numbers, but declined to share the actual poll results or crosstabs.

"We see a standard response that every quasi- or full legalization question gets, in the mid-50s, but we are heartened by crosstabs that show we have strong support among youth and the middle aged voters," he said. "Our polling also tells us that a couple of messages resonate. The statement 'We shouldn't be wasting valuable police time and resources arresting marijuana users' polls over 70%, while the statement 'Individuals shouldn't go to jail for growing plants for personal use polls at 68%."

While the OMPI still needs to gather more than 100,000 signatures, it is confident enough to be looking beyond making the ballot to the actual campaign itself. The effort is looking to tie itself to the strong progressive elements that permeate Oregon politics.

"We are hopeful that we are going to gain the support of the progressive infrastructure here, including labor and the Democratic Party," said campaign strategist Adam Smith. "We feel that our ability to motivate and turn out young voters will be a very valuable part of the progressive campaign here in Oregon. Close to 70% of Democrats here already support legalizing marijuana and a majority of voters overall. This is not a radical idea here; it's not going to be a huge political step for people to get behind it," he said.

They have a fundraising strategy for the general campaign, Smith said.

"We're reaching out to the business community. Like all the states, Oregon is short on resources, and we're spending tens of millions of dollars enforcing low-level marijuana violations," he noted. "Everyone understands that money could be better spent actually protecting people. We think people here in the state will step up. Everyone understands we have a real chance to win," he said.

"We're also hoping that the general momentum of having for the first time multiple states ending marijuana prohibition will get the attention of folks around the country who care about the issue, and they can make donations on our web site or Facebook page. Those small donations are key, because the large donors look to see that we have a lot of individual people behind us."

Factionalism and infighting has been the bane of the marijuana movement in Oregon, as in so many other places, but this time around, there is hope that once the dust settles, people will buckle down and support an initiative even if it was the one they supported in the beginning.

"I believe that as it becomes clear we're making the ballot and the others don't have the resources, they will in the end coalesce behind us," OMPI's Wolfe predicted. "The old style of marijuana politicking has not worked for some time in Oregon; it's time to view this as an important social justice issue like gay rights, equal opportunity, and unions. We're modernizing and mainstreaming this. We will not be having smoke-ins, but we will be putting on ties."

"I'm supporting whatever makes the ballot and I think can win," Martinez said. "I'm on that bus; I don't care who's driving. I just don't want to lose again at the ballot box. Every time they see us lose, it chips away at our credibility."

But first, one or more of the initiatives has to qualify for the ballot. It is by no means a done deal, but it is looking doable.

OR
United States

Colorado to Vote on Regulating Rather Than Prohibiting Marijuana

And then there were two. Voters in Colorado will join voters in Washington in deciding whether to legalize marijuana after Colorado election officials Monday said the Colorado initiative had qualified for the ballot.

http://stopthedrugwar.org/files/breckenridge.jpg
the ski town Breckenridge, Colorado (which voted for legalization in 2009)
According to the Colorado Secretary of State's office, the initiative to Regulate Marijuana Like Alcohol handed in 90,466 valid voter signatures; it needed 86,105 to qualify. The initiative campaign had earlier handed in more than 160,000, but fell about 2,400 short after election officials examined them. Under Colorado law, the initiative campaign had two weeks for a final push to make the ballot, and it gathered an additional 14,000 signatures then.

The initiative would amend the state constitution to legalize the possession of up to an ounce of marijuana and six plants by persons 21 or older. It would also direct the state Department of Revenue to come up with regulations for legal marijuana commerce by July 2013. It would also direct the General Assembly to set taxation rates, which could be no higher than 15%.

Driving while impaired by marijuana would remain illegal, as would possession by or sales to people under 21.

The initiative will appear on the November ballot as Amendment 64.

"This could be a watershed year in the decades-long struggle to end marijuana prohibition in this country," said Art Way, Colorado manager of the Drug Policy Alliance. "Marijuana prohibition is counterproductive to the health and public safety of our communities. It fuels a massive, increasingly brutal underground economy, wastes billions of dollars in scarce law enforcement resources, and makes criminals out of millions of otherwise law-abiding citizens."

"Supporters of rational marijuana policies everywhere should congratulate the residents of Colorado for placing this initiative on the ballot," said Rob Kampia, executive director of the Marijuana Policy Project. "Regulating marijuana like alcohol will create jobs, allow police to focus on more serious crimes, provide much-needed tax revenue, and will do a far better job of keeping marijuana away from children than the current system does. A majority of Americans recognize that the government's war on marijuana is an expensive failure and think that marijuana should be legal for adults. This November, Coloradans will get a chance to lead the nation by becoming the first state to end marijuana prohibition."

But perhaps just by a couple of hours. As noted above, a similar measure to legalize and regulate marijuana commerce is on the ballot in Washington. Signature-gathering campaigns for legalization initiatives are also underway in California, Michigan, Missouri, Montana, Nebraska, and Oregon.

"Never before has support for legalizing marijuana been so widespread or so out in the open. It is truly exciting that voters in both Washington and Colorado have a chance to make history this year," DPA head Ethan Nadelmann. "I'm confident Colorado can lead the way in ending the follies of marijuana prohibition in favor of a responsible framework of regulation and taxation."

Denver, CO
United States

California Marijuana Initiatives Starving for Cash [FEATURE]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mill Valley, CA
United States

Colorado Marijuana Initiative Turns in Final Signatures

http://stopthedrugwar.org/files/colorado-ballot.gif
The proponents of a Colorado initiative to Regulate Marijuana Like Alcohol turned in more than 14,000 additional voter signatures Friday in a last bid to qualify for the November ballot. The initiative needs only 2,400 valid signatures to qualify, meaning a whopping four out of five signatures handed in would have to be invalidated to keep the measure off the ballot.

The campaign had earlier turned in 159,000 signatures, nearly twice the 86,000 needed to qualify. But on examining the signatures, state election officials found that nearly half were invalid, an usually high percentage.

The initiative would amend the state constitution to allow the use, possession, and limited growing of marijuana by persons aged 21 or over. It would also establish a system through which marijuana is taxed and regulated -- like alcohol.

If the initiative qualifies for the ballot, Colorado will become the second state to ask voters to choose to legalize marijuana this year. New Approach Washington has successfully placed a similar measure, I-502, on the Washington ballot. Legalization initiative campaigns are also underway in California, Michigan, Missouri, Montana, Nebraska, and Oregon, but none of those have passed the signature-gathering hurdle.

Denver, CO
United States

Washington Voters to Decide Marijuana Legalization

An initiative that would legalize the limited possession of marijuana in the state of Washington and tax and regulate its commerce is headed for the November ballot to be decided by the voters after the state legislature punted on the matter last Thursday.

Initiative 502 campaigners handed in more than the 241,153 valid voter signatures required to be certified for the ballot by state officials. But under Washington law, such initiatives are first considered by the legislature, which has the chance to approve them itself.

The initiative was before the House State Government and Tribal Affairs Committee, but its chair, Rep. Sam Hunt (D-Olympia) said Thursday the committee, and thus the legislature, would take no action.

Passage would have been difficult in the legislature under ordinary circumstances, but was even more difficult because the initiative includes provisions raising taxes (in this case, on marijuana). Any initiative with tax increases requires a two-thirds vote in the legislature.

If passed, the measure would make Washington the first state to legalize the possession and commerce in marijuana and would put it on a collision course with the federal government.

The measure would allow adults 21 and over to possess up to an ounce of pot or a pound of marijuana edibles, and they could buy it through state-run stores, much the same way the state handles liquor sales. The state stores would obtain their product from state-licensed growers and processors, with a 25% excise tax at each stage.

The initiative campaign is being run by New Approach Washington, which has brought together an impressive roster of endorsers and supporters, including TV personality and travel writer Rick Steves, former US Attorney for Western Washington, and a number of current and former state elected officials.

"Locking people up and putting handcuffs on them is not the way to resolve our society's issues with regard to marijuana," McKay, told legislators Thursday.

While most of the opposition to the initiative so far is coming from the usual suspects -- law enforcement, drug treatment providers -- some of it is coming from a segment of the state's medical marijuana community, which worries that the measure's setting a limit on THC levels to determine impairment in drivers could result in non-impaired patients being prosecuted.

But Dr. Kim Thorburn, Spokane County's former top public-health official, who spoke in support of the initiative, said those concerns were overblown. "In order to be stopped for impaired driving you have to show impairment," she said. "This is not a concern for medical-marijuana users and has been kind of a red herring that has been raised."

Now, it will be up to the voters to decide whether Washington becomes the first state to legalize marijuana, although by election time, they may not be alone. A similar initiative in Colorado is busy seeking a final 2,500 signatures to qualify for the ballot, while legalization initiative efforts are ongoing in California, Michigan, Missouri, Montana, and Nebraska.

Olympia, WA
United States

Marijuana Law Reform at the Statehouse 2012 [FEATURE]

State legislatures have convened or are convening all around the country, and once again this year, marijuana decriminalization or legalization are hot topics at the statehouse. Legalization bills are pending in three states (as well as on the ballot as initiatives in Washington and almost certainly Colorado), decriminalization bills are alive in nine states, and bills that would improve existing decriminalization laws have been filed in two states.

And this is still early in the legislative season. Bills can still be introduced in many states, and bills that have already been introduced can advance or be killed. By around the beginning of May, a clearer picture should emerge, but 2012 is already looking to be even more active than last year when it comes to decriminalization and legalization bills.

There's a reason for that, said leading reformers.

"We're seeing more bills introduced, and they're having stronger and more sponsors," said Karen O'Keefe, state policy director for the Marijuana Policy Project (MPP). "We're also seeing more and more public support for decriminalization and legalization. We're approaching critical mass as more and more people see marijuana prohibition as a failed public policy, and in legislatures because of fiscal constraints and changing public sentiment."

"Each year, these bills are easier to introduce, there is less controversy, and the media reaction is generally neutral to positive," said Allen St. Pierre, executive director of NORML. "Baby boomers, medical marijuana, the Internet, and the state of the economy have all had an impact, even, finally, on legislators and their staffs," he explained.

"Before 1996, nobody invited NORML; now our staff is regularly going to meetings requested by legislators around the country," St. Pierre recalled. "First, we couldn't get them to return our phone calls; now they're calling us. Everything is in play because of activists around the country doing years of work."

That contact with legislators has led to results, St. Pierre said. "We've been involved in almost all of this legislation. Either we helped write it or legislators contacted us for deep background and we're testifying at public hearings on these bills."

MPP has been busy, too, O'Keefe said. "We have paid lobbyists in Rhode Island and Vermont, and one of our legislative analysts, Matt Simon, is from New Hampshire and has been working on bills up there," she said.

Perhaps not surprisingly, O'Keefe thought the prospects of passage were best in Rhode Island and Vermont. "In Rhode Island, more than half of both chambers are cosponsors of the decriminalization bill, while in Vermont, Gov. Shumlin has been very supportive, and for the first time we have a Republican sponsor in the Senate -- we already had one in the House," she said.

Getting a marijuana bill through a state legislature is a frustrating, time-consuming process, and there is a chance that none of these bills will pass this year. But there is also a chance some will, and some will pass eventually, if not this year, next year, or the year after.

Here is what is currently going on around marijuana law reform at the state house (compiled from our Legislative Center, with additional information from MPP's list of bills and from cantaxreg.com):

Legalization Bills

Massachusetts


Thirteen months ago, Rep. Ellen Story introduced House Bill 1371, which would allow the legal and regulated sale of marijuana to adults. It was referred to the Joint Committee on Judiciary then, and it is still pending. A hearing is scheduled on March 6.

New Hampshire

Last month, Rep. Calvin Pratt (R) introduced HB 1705, which would allow people 21 and over to possess up to an ounce and allow for regulated retail and wholesale sales. Marijuana would be taxed at a rate of $45 an ounce at wholesale and at 19% of the wholesale price at retail. The bill is now before the House Criminal Justice and Public Safety Committee.

Washington

Last year, Rep. Mary Lou Dickerson (D) and 13 cosponsors introduced House Bill 1550, which would replace prohibition with regulation. It and a companion bill, Senate Bill 5598, are still both alive. Dickerson's bill is pending in the House Committee on Public Safety & Emergency Preparedness.

Decriminalization Bills

Arizona


On January 9, Rep. John Fillmore (R) filed House Bill 2044, which would make possession of up to an ounce of marijuana a petty offense punishable by up to a $400 fine. Simple possession is currently a Class 6 felony in Arizona.

Hawaii

In March 2011, the Hawaii Senate passed Senate Bill 1460, which would reduce the penalty for possession of less than an ounce to a civil fine capped at $100. The current law specifies a jail stay of up to 30 days and a $1,000 fine. That bill was carried over and is now before the House Health, Public and Military Affairs, and Judiciary committees. Also carried over is House Bill 544, which would make possession of less than an ounce a violation instead of a misdemeanor and impose a maximum $500 fine. That bill is before the House Judiciary Committee.

Illinois

In January 2011, Rep. LaShawn Ford introduced House Bill 100, which would reduce the penalty for possession of up to 28.35 grams of marijuana to a $500 fine for a first offense, $750 for the second, and $1,000 for a subsequent offense. It would also reduce the charge from a misdemeanor to a petty offense. Under current law, possession of up to an ounce can be penalized with up to six months in jail and a $2,500 fine. The bill has been referred to House Rules Committee, and is still alive in Illinois' two-year session.

Indiana

Last month, Sen. Karen Tallian introduced Senate Bill 347, which would reduce several marijuana-related penalties, including by making possession of up to three ounces of marijuana a civil infraction, punishable by up to a $500 fine and court costs. SB 347 was referred to the Committee on Corrections, Criminal, and Civil Matters.

New Hampshire

Last week, House Bill 1526, which would decriminalize possession of up to an ounce, got a hearing in the Criminal Justice and Public Safety Committee. Sponsored by Rep. William Panek (R),the bill would mandate a maximum $100 fine. It also provides for notification of parents of minor offenders, who could be ordered to attend a drug awareness program.

New Jersey

Last month, Assemblyman Reed Gusciora (D) introduced Assembly Bill 1465, which would reduce the penalty for 15 grams or less of marijuana to a civil penalty. The first violation would be punishable by a $150 fine, $200 fine for a second offense, and $500 after that. Any adult caught three times would be ordered to undertake a drug education program, as would any minor regardless of prior offenses. The bill is currently before the Assembly Judiciary Committee.

Rhode Island

Last month, more than half of the Rhode Island House of Representatives cosponsored Rep. John Edwards' bill to fine adults for simple possession of marijuana and to sentence minors to drug awareness classes. The bill, House Bill 7092, was referred to the House Judiciary Committee. Current law provides for up to a year in jail and $500 fine; the bill would make it a civil offense with a maximum $150 fine.

Tennessee

In February 2011, Rep. Mike Kernell introduced House Bill 1737, which would reduce the penalty for less than 1/8 of an ounce of marijuana to a fine between $250 and $2,500. Possession would remain a Class A misdemeanor, but the bill would remove the possibility of a year-long jail sentence. Fines would remain the same.  A companion bill, Senate Bill 1597, has been referred to the Senate Judiciary Committee. Both bills remain alive in the state's two-year legislative session.

Vermont

Last year, a tri-partisan group of legislators led by Rep. Jason Lorber filed House Bill 427, which would reduce the penalty for adults' possession of up to an ounce of marijuana to civil fine of up to $150. Minors would be sent to drug education and community service for a first offense, as would adults under 21 convicted of a second or subsequent offense. The current penalty for first offense possession of marijuana is a fine of up to $500 and/or up to six months in jail. Second offense possession is currently punishable by up to two years in prison and/or up to a $1,000 fine. The bill is still alive in the state's two-year legislative session. Last month, Sen. Joe Benning (R) and Sen. Philip Baruth (D) filed Senate Bill 134, which would reduce marijuana penalties, including by reducing the penalty for possession of up to two ounces of marijuana to a civil fine of up to $100. It has been referred to the Senate Judiciary Committee.

Decriminalization Improvement Bills

New York


Last year, legislators filed bills aimed at removing New York City's reputation as the world's marijuana arrest capital. The state's current decriminalization law creates an exception for marijuana possessed in a public place and which is burning or open to the public view. The NYPD has used that exception to arrest more than 50,000 people a year on misdemeanor charges instead of issuing them tickets. In May, Sen. Mark Grisanti (R) filed Senate Bill 5187, while Assemblyman Hakeem Jeffries introduced a companion bill, A 7620. Both bills were referred to their chambers’ Codes Committees and are still alive.

North Carolina

A bill that would reclassify possession of an ounce as an infraction instead of a misdemeanor has been filed in North Carolina. HB 324 increases the decrim amount from a half-ounce, but removes the automatic suspended sentence for a first offense.

Twelve states have decriminalized marijuana possession so far (and possession in small amounts at home is legal under the Alaska constitution), but between an initial burst of reform activity in the 1970s and Nevada's decriminalization in 2002, there were three decades of stagnation. Since then, three more states- -- California, Connecticut, and Massachusetts -- have come on board, and chances are more will follow shortly, Legalization remains a tougher nut to crack, but so far, there are opportunities in five states this year.

California Medical Marijuana Initiative Polls at Nearly 60%

A medical marijuana initiative aiming at the November ballot found nearly 60% support in a poll conducted last week. The Probolsky Research poll reported that 34.5% of respondents would "definitely vote yes," 22.5% would "probably vote yes," and 2.3% were "leaning toward" a yes vote.That comes out to 59.8% saying they favor the initiative

The initiative, the Medical Marijuana Regulation, Control, and Tax Act (MMRCTA) would impose comprehensive, statewide regulations on medical marijuana distribution. The act would create a state medical marijuana board, require all dispensaries and commercial cultivation operations to be licensed after July 1, 2013, and impose a 2.5% state medical marijuana sales tax. (For more detail on the initiative, see our recent feature article here.)

Only 23.6% of respondents would definitely vote no, with another 9.7% who would probably vote no, and an additional 2.0% who were leaning toward no, for a total "no" vote of 34.3%. Some 5.5% of respondents were either decisively uncertain or refused to answer.

The question respondents answered was directly about the MMRCTA: "The California Medical Marijuana Regulation Act may appear on the November ballot in California. It reads: 'Creates a state enforcement division to regulate and control all entities involved in the commercial cultivation, manufacture, distribution, and sale of medical marijuana in California; requires their mandatory registration with the state; and establishes a state excise tax of upon all medical marijuana grown for sale in California.' If the election were held today, would you vote Yes to approve or No to reject this initiative? And would you say that you would definitely vote [yes/no] or probably vote [yes/no]? If unsure, would you say that you lean one way or another?"

Only limited additional polling data is available at this point, but Probolsky did provide data on where support for the initiative was strongest: among Democrats (65.8%), unaffiliated voters (67.4%), foreign-born voters (67.5%), Asian voters (66.7%), and those who feel California is on the right track (68.4%). Democratic voters over age 55 are especially supportive at 70.0%.

The poll was conducted last week in English and Spanish using landline and cell phones. A total of 750 surveys were recorded, yielding a margin of error of +-3.7%.

The MMRTC campaign has a self-imposed goal of raising a million dollars by February 9 and estimates it could take twice that much for a successful signature-gathering campaign. This poll should help push them toward that goal. The conventional wisdom is that initiatives need to be polling at 60% or above before the campaign begins, and MMRTC is very, very close.

CA
United States

Washington Marijuana Initiative Makes Ballot

The Washington secretary of state's office announced last Friday that an initiative to legalize, license, and regulate marijuana has been certified for the November ballot. Washington is the first state this year to have a marijuana measure qualify for the ballot.

The measure, Initiative 502, would legalize marijuana for adults and regulate and tax it much like liquor. I-502 is sponsored by New Approach Washington, which has garnered an impressive list of sponsors and endorsements.

But not everybody in the Washington marijuana community is happy with it. Sensible Washington, which has twice tried unsuccessfully to get its own initiative on the ballot, is critical of I-502, and so are some elements of the medical marijuana community.

Friday's announcement came after the State Elections Division, using a random sample, determined that sponsors had nearly 278,000 valid signatures, easily enough to cover the minimum 241,153 required. The initiative campaign had turned in 354,608 signatures.

The initiative now goes to the state legislature, which can pass it, reject it, or ignore it. If the legislature rejects or ignores it, it then goes to the voters in November.

At least one state will have a chance to legalize marijuana this year, and it could soon be two. In Colorado, the Campaign to Regulate Marijuana Like Alcohol has turned in nearly double the number of signatures needed for its initiative to make the ballot and is awaiting certification from state officials.

Marijuana legalization initiative signature-gathering campaigns are also currently underway in California, Michigan, Missouri, Montana, and Oregon.

Olympia, WA
United States

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