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Check out Subway's new "Be Yourself" ad featuring Michael Phelps:



The ad concludes "You can always be yourself at Subway." The whole thing is a brilliantly veiled reference to the backlash against Kellogg's that emerged when they dropped Phelps for smoking pot. Better yet, Subway has launched a new promotional website at Subwayfreshbuzz.com. You see what they're doing, right?

The new campaign is already generating tons of press coverage, including positive reactions to the ad's apparent reference to the infamous marijuana incident. It's a brilliant maneuver by Subway and, hopefully, an early indicator that corporate America is finally learning that it makes more sense to wink at pot culture than risk alienating it.

Once again, I'm humbled by the immeasurable impact of the Michael Phelps marijuana saga. I'm seeing discussion of the Kellogg's boycott reemerging in comment threads around the web today and I don't think one can easily exaggerate what a major event that was, and still is, for our cause. Along with the intense and heavily-publicized popularity of marijuana reform questions on the President's website, it's becoming widely understood that marijuana culture has a tremendous and now powerfully intimidating web presence.

In the age of viral web marketing and online-everything, the visible web presence of marijuana culture becomes a potent weapon that's now reshaping the debate right before our eyes. For fear of offending us, the President and his drug czar can scarcely utter more than a vague sentence in defense of our marijuana laws. Meanwhile, the mainstream press is hustling marijuana stories like dimebags in a city park. And Subway is celebrating freedom of personal choice in a new ad campaign featuring the world's most famous marijuana user.

The war remains, but the battlefield has changed. I can smell it, like the aroma of fresh baked bread wafting free from the entrance of the Subway down the block from our office, which I might just visit tomorrow for the first time in a while.

South Dakota's most well-known marijuana legalization advocate, Bob Newland, was sentenced yesterday to a year in the Pennington County Jail with all but 45 days suspended for felony marijuana possession--a little less than four ounces. Once he does his time, he'll be on probation for a year. Newland can, I suppose, consider himself fortunate. According to the South Dakota Department of Corrections, there are currently six people imprisoned for possession of less than half a pound and seven for more than half but less than one pound, as well as 14 doing time for distribution of less than an ounce and another 25 doing time for distribution of less than a pound. But in another respect, Newland is not so lucky. He has basically been stripped of his First Amendment right to advocate for marijuana legalization while he is on probation. As the Associated Press reported:

A longtime South Dakota supporter of legalized marijuana has been sentenced to serve 45 days in jail for possessing the illegal drug. Authorities say Bob Newland of Hermosa was found with four bags of marijuana, a scale and $385 in cash when he was stopped for speeding in March. He pleaded guilty in May to a possession charge under a plea agreement in which prosecutors agreed to drop a more serious charge of possession with intent to distribute. Newland will be on probation for the rest of the year following his jail term. During his probation, he is barred from publicly advocating the legalization of marijuana for medicinal purposes.

Newland, understandably, is not inclined to challenge the probation condition. There's something about staring at the walls of a jail cell that does that to a guy. But that doesn't mean others shouldn't raise a stink about this arguably unconstititional sentence. I'll be looking into this and will have a Chronicle story about it on Friday.

The Washington Post has a long and rather glowing examination of Virginia Senator Jim Webb's effort to reform U.S. drug policy and the criminal justice system:

"I am, at bottom, a writer," he says, invoking his default response. "I start with a theme, rather than a plot." Webb wants to shape a plotline that, with each turn of the page, draws America closer to reinventing its criminal justice system. Questioning why the United States locks up so many of its youths, why its prisons swell with disease and atrocities while fundamental social problems persist in its streets, has earned Webb lavish praise as a politician unafraid to be smeared as soft on crime. And when a law-and-order type as rock-ribbed as Webb expresses willingness to consider legalizing or decriminalizing drugs, excitement follows.  

Indeed it does. The whole article is worth reading, as it really captures the energy that's beginning to build behind Webb's efforts. There's nothing surprising about this to anyone who's been paying attention to the drug policy debate that has been escalating for years and erupting in recent months.

Still, even The Washington Post itself has been slow to grasp the potency of Webb's call for reform. Last December, The Post published a similarly lengthy account of Jim Webb's quest to reform criminal justice policies, but that article portrayed him as a crazy idealist stepping into political hot water:

"It is a gamble for Webb, a fiery and cerebral Democrat from a staunchly law-and-order state."

"…as the country struggles with two wars overseas and an ailing economy, overflowing prisons are the last thing on many lawmakers' minds."

"…Webb has never been one to rely on polls or political indicators to guide his way."

"Some say Webb's go-it-alone approach could come back to haunt him."

And yet The Post is now reporting that Webb's efforts are gaining support, including "encouraging signals" from Supreme Court Justice Anthony Kennedy and even President Obama. The Post's earlier suggestion that Webb's efforts could alienate him were based on the same "soft-on-crime" political theory that we've been hearing for two decades now. The second they got wind of Webb's criminal justice reform proposal, they interviewed a bunch of people about what a maverick he is and how his ideas are so unique. The whole thing reeked of the implication that only a strange politician would care about improving our criminal justice system.

To be fair, yes, Jim Webb is a bit of a maverick and clearly his plan is unique. I don't fault The Post for making Webb's personality part of the story. But it didn't make sense to frame criminal justice reform as a fringe idea and it's not at all surprising that The Post is now forced to concede Webb's political savvy. Obama spoke on the campaign trail about "shifting the model" in the war on drugs, and while that was hardly the defining issue of his candidacy, it was utterly uncontroversial throughout the campaign. It's a simple fact that criminal justice reform, including discussion of reexamining drug laws, is a perfectly legitimate and mainstream political topic that any politician can approach without inviting any consequential backlash.

One of the most immediate and intrinsically valuable aspects of Webb's effort is precisely that it serves as a mechanism for illustrating the importance of this discussion. I don't doubt that it will become controversial (if our drug policy truly faces due scrutiny as Webb intends), but by the time that happens, he will have firmly established the principle that debating criminal justice policies is a relevant and necessary exercise at this moment in American politics. If we can reach a point at which the media coverage is focused on the issue, rather than the personality quirks of Jim Webb himself, that's when we'll know his efforts are paying off.

Mike Gray's superb book Drug Crazy: How We Got into this Mess & How We Can Get Out is now available for free online. Mike is best known as screenwriter of the classic film The China Syndrome, though Drug Crazy has become a classic in its own right. It's the first book I recommend to folks who are new to drug policy reform, but it's also a fascinating read even if you've been following these issues for a long time.

I've you haven't read it yet, this is the perfect opportunity.