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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.

Colorado's Amendment 64 Heads for the Home Stretch [FEATURE]

With only a few weeks left until election day, Colorado's Amendment 64 tax and regulate marijuana initiative is well-positioned to win on November 6, and its supporters are doing everything they can to ensure it does. Opponents are gearing up as well, and the weeks leading up to the election are going to be critical.

Amendment 64 would allow adults 21 and over to possess up to an ounce of marijuana and grow up to six plants in an enclosed locked space. It also allows for the cultivation, processing, and sale of industrial hemp. And it would create a state-regulated marijuana cultivation, processing, and distribution system, including retail sales.

If the state fails to regulate marijuana commerce, localities could issue licenses. Localities would also have the right to ban marijuana businesses, either through their elected officials or via citizen-initiated ballot measures.  

If Amendment 64 passes, the legislature would be charged with enacting an excise tax of up to 15% on wholesale sales, with the first $40 million of revenue raised annually directed to the Public School Capital Construction Assistance Fund. In keeping with the Colorado Taxpayer Bill of Rights (TABOR), such a tax increase would have to be approved by voters.

Amendment 64 does not change existing medical marijuana laws, but it does exempt medical marijuana from the proposed excise tax. For current patients, passage of Amendment 64 would enhance their privacy because no registration would be required -- just ID proving adulthood.

Amendment 64 does not increase or add penalties for any current pot law violations, nor does it change existing driving while impaired laws (although a bill reintroduced this year once again seeks to impose a per se DUID standard.)

The initiative's provisions appear to be broadly popular. According to the latest poll, released Saturday by SurveyUSA for the Denver Post, Amendment 64 is leading with 51%, with 40% opposed and 8% undecided.

While in line with other recent polls, the SurveyUSA/Denver Post poll marks the first time in recent months that support for the initiative has broken 50% except for an outlier June Rasmussen poll that had support at 61%. The Talking Points Memo's PollTracker Average, which includes this latest poll, currently shows 49.7% for Amendment 64, with 39.3% opposed.

That 10-point lead in the polls has initiative backers pleased, but not complacent.

"There has certainly been a nice positive trend in the past few polls, but we are not letting up in our efforts to build support," said Mason Tvert of the Campaign to Regulate Marijuana Like Alcohol, which is leading the Amendment 64 effort.

"We've got a good feeling, but at the same time, we're redoubling our efforts to push this over the end line," said Brian Vicente of Sensible Colorado, who is part of the campaign. "We haven't seen a tax and regulate measure pass anywhere yet. It's a heavy lift, but we're confident."

"It's looking good overall, the polling is good, and we're starting to make some hay within the progressive community," said Art Way, the Colorado point man for the Drug Policy Alliance's lobbying and campaign arm, Drug Policy Action Network.

The campaign has sufficient financial backing to go the distance, although it is of course always looking for more. The Campaign to Regulate Marijuana Like Alcohol, the main, but not the only funding mechanism, for the campaign, has taken in nearly a million dollars so far, according to the Secretary of State's Office. Related campaign committees have raised another $50,000 or so.

"We've seen a whole lot of support from around the state and the country and to see that continuing toward the election," said Tvert. "It's looking like it will come down to the wire, so late contributions will have a bigger impact than ever before."

With only $87,000 in the bank rank now, the campaign coffers may appear relatively bare, but that's deceiving, said Vicente.

"We've placed about $800,000 worth of ads that will air in October, and we bought that space months in advance because it's cheaper," he explained. "There are ungodly sums of presidential campaign money coming in now."

The only organized opposition so far, Smart Colorado, by contrast has raised only about $162,000, the bulk of it from long-time drug war zealot Mel Sembler of the Drug-Free America Foundation. And it has limited itself to the occasional press release and responses to reporters' queries. Still, it has more money than it had in 2006, when a similar initiative lost with 41% of the vote.

"I've never seen the opposition have so much money," said Tvert. "In 2006, they came up with maybe $50,000. Regardless, the fact is that our opponents will rely on scare tactics and fear-mongering and will partner with law enforcement and the drug treatment industry, who benefit from maintaining the prohibition status quo."

But other opposition is emerging, with a battle for supporters raging on both sides. The opposition has picked up the support of Gov. John Hickenlooper (D), as well as the endorsements of numerous sheriffs, prosecutors, and elected officials.

Still, Amendment 64 has been impressive on this count too, picking up endorsements from the state Democratic, Green, and Libertarian parties, the NAACP, local elected officials, the ACLU of Colorado, as well as the Gary Johnson campaign and the drug reform movement, among others.

"Government officials have been standing in the way of marijuana policy reform for more than 80 years, and the public has come to realize their opposition is not based on evidence so much as politics and the fear of change," Tvert said. "We've seen public support grow significantly in the past 15 years despite the fact that we still largely see elected officials opposed, and now we're seeing things like Gov. Hickenlooper being ripped into by newspaper editorials after he came out against. There was a time when papers like the Denver Post would have paid him kudos for standing up against this, but now, they criticize him for being hypocritical."

One area where the campaign doesn't have to worry too much is the marijuana and medical marijuana community. While there has been some grumbling in the ranks from those in search of the perfect initiative, unlike the "Stoners Against Prop 19" movement in California in 2010 or the internecine warfare in Washington state this year, the friendly fire in Colorado has been fairly muted.

"We occasionally hear people complaining, but the back and forth has been focused almost entirely between us and the no campaign," Tvert said. "By and large, the people who support ending marijuana prohibition in Colorado have come together to support this initiative."

"We're not worried about losing the base," agreed Vicente. "We went to great efforts to involve lots of stakeholders, including lots of dispensary owners and activists, when drafting the language and formulating the campaign plans. People feel bought in win our initiative; it appeals to all Coloradans, but to our base as well."

Another reason Colorado hasn't seen the circular firing squad that is taking place this year in Washington is that Amendment 64 doesn't include some of the controversial provisions included in the Washington initiative, said Vicente.

"There are some key differences with Washington," he pointed out. "We allow adults to home grow and we don't dictate a DUID level. By steering clear of those issues, we help maintain our more traditional base."

If the base appears secure, another key demographic is definitely in play, and it's an uphill struggle for the campaign. The polling throughout suggest that parents with children at home and especially mothers remain a weak spot. The campaign is acutely aware of that and has created another campaign organization, Moms and Dads for Marijuana Regulation, to address it.

"One of the most powerful ways that parents are becoming educated about the benefits of the tax and regulate system is conversation with other parents," said Betty Aldworth of Moms and Dads. "Moms and dads are starting to recognize that taking it out of unregulated market and putting it behind the counter where we can tax and regulate it is a better model. We're encouraging moms and dads to talk to other moms and dads. We've tapped a lot of parents to be spokespeople and will be continuing to educate about why marijuana is safer."

Parents who are open to the conversation can be brought along, Aldsworth said.

"Marijuana is universally available," she said, explaining what she tells concerned parents. "And our options here are to place it behind the counter where a responsible businessperson is checking ID or to leave it in the hand of criminals. When you talk to parents about that specific scenario, which is the reality of marijuana in the world today, they understand that we can do the same thing with marijuana that we did with alcohol, only now we have the advantage of having programs to start rapidly reducing youth access."

"We knew 18 months ago that the soccer moms would be a crucial demographic, and we still have an issue with that area," said Way. "That's why Betty Aldworth is working on that, but we're also making inroads with Women for Medical Marijuana, and the League of Women Voters will be having an event. We're making inroads, but it's not showing up in the polling so far."

"We find that people's fallback position is 'How will it affect my kids?' and we've been trying to engage in a public discussion about how regulating and moving it off the streets is a more effective way to reduce teen use than the failed policy of prohibition," said Vicente. "We've been doing billboards and some TV, as well as the face-to-face," he said.

The Amendment 64 campaign is poised, practiced, and ready to roll to victory in November. It has identified weak spots in its support and is working to bolster them. It's up nine or 10 points a little more than six weeks out, but knowing how previous initiative campaigns have played out, expect that margin to shrink as election day draws near. Victory is within reach, but this is going to be a nailbiter.

CO
United States

Colorado Marijuana Legalization Measure Polls 51%

The latest poll, released Saturday by SurveyUSA for the Denver Post, has Colorado's marijuana legalization initiative at 51%, with 40% opposed and 8% undecided. The initiative, Amendment 64, would legalize the possession of up to an ounce and six plants by adults 21 and over and allow for state-regulated commercial cultivation and sales.

The Campaign to Regulate Marijuana Like Alcohol is targeting its message toward wary parents. (regulatemarijuana.org)
While in line with other recent polls, the SurveyUSA/Denver Post poll marks the first time in recent months that support for the initiative has broken 50% except for an outlier June Rasmussen poll that had support at 61%. The Talking Points Memo's PollTracker Average, which includes this latest poll, currently shows 49.7% for Amendment 64, with 39.3% opposed.

The poll found stronger support among men (53%) than women (49%), with 12% of women saying they were still undecided compared to 5% of men.

When it came to support by age group, support was highest among the 18-to-34 group (61%), followed by the 50-to-64 group (58%). But support declined below 50% for the 35-to-49 group (44%) and those 65 and older (37%).

The numbers suggest that parents with young children and especially mothers remain a weak spot for the Campaign to Regulate Marijuana Like Alcohol. In its early advertising, the campaign has been targeting that demographic.

While the poll numbers are good, they also suggest this will be a very close contest. In 2010, California's Proposition 19 was polling at 52% three months before the election, but it ended up losing with only 46% of the vote.

A similar measure was on the ballot in Colorado in 2006, but it lost 59% to 41%.

The SurveyUSA/Denver Post poll was conducted between September 9 and 12 and relied on automated calls. It has a margin of error of +/- 4%.

CO
United States

Drug Policy in the 2012 Elections II: The Parties and the Presidential Race [FEATURE]

As the 2012 election campaign enters its final weeks, all eyes are turning to the top of the ticket. While, according to the latest polls and electoral college projections, President Obama appears well-positioned to win reelection, the race is by no means a done deal, and there's a chance that marijuana policy could play a role -- especially in one key swing state, Colorado, where the Campaign to Regulate Marijuana Like Alcohol is running a popular and well-funded campaign to pass Amendment 64.

President Obama (wikimedia.org)
But other than that, marijuana policy in particular and drug policy in general do not appear likely to be big issues, at least between Obama and his Republican challenger Mitt Romney. That's because both candidates hold similar positions:

Both oppose marijuana legalization, which will also be on the ballot in Oregon, and Washington. Obama, while at least paying lip service to patient access to medical marijuana, which will be on the ballot in Arkansas, Massachusetts, and Montana, has presided over a Justice Department crackdown on medical marijuana distribution, while Romney appears irritated and uncomfortable even discussing the issue.

"With Obama, we've all been disappointed with the backtracking, although he also needs credit for the original Ogden memo and opening the gates to a wider proliferation of medical marijuana around the country," said Drug Policy Action head Ethan Nadelmann. "For the people most disappointed with that, the paradox is that Romney offers very little of promise."

That was illustrated by GOP vice-presidential nominee Paul Ryan's brief flirtation with medical marijuana. Last Friday, Ryan said medical marijuana was a states' rights issue. The comments came in Colorado, where the issue is hot.

"My personal positions on this issue have been let the states decide what to do with these things," he said in an interview with a local TV reporter. "This is something that is not a high priority of ours as to whether or not we go down the road on this issue. What I've always believed is the states should decideI personally don't agree with it, but this is something Coloradans have to decide for themselves."

But Ryan, who has a previous voting record opposing states rights to medical marijuana, did half a backtrack the next day, when one of his spokesmen explained that Ryan "agrees with Mitt Romney that marijuana should never be legalized."

Obama as president has supported increased drug war funding to Mexico and Central America, and Romney as candidate supports it as well. But his views are malleable. When running for the nomination in 2008, Romney suggested that spending on interdiction was a waste, and the money would be better spent on prevention here at home. Again, that is not so different from the Obama position which, rhetorically if not budgetarily, emphasizes treatment and prevention over interdiction and law enforcement.

The relative quiet around drug policy in the two campaigns is reflected in the Democratic platform and the Republican platform. There are only a handful of mentions of drugs or drug policy in the Democratic platform -- and the word "marijuana" doesn't appear at all -- all of them having to do with either combating international organized crime or touting the Obama administration's baby steps toward a slightly more progressive drug policy.

One of those progressive measures was overturning the federal ban on needle exchange funding, but the platform makes no mention or that or of the words "harm reduction." It does urge "supporting local prison-to-work programs and other initiatives to reduce recidivism, making citizens safer and saving the taxpayers money" and says the Democrats "will continue to fight inequalities in our criminal justice system," pointing to the passage of the Fair Sentencing Act as "reducing racial disparities in sentencing for drug crimes." The act actually addresses only crack cocaine sentencing.

While emphasizing their tough on crime positions, the Republican platform also takes some baby steps toward a more progressive drug policy. It calls for rehabilitation of prisoners and for drug courts, supporting state efforts to divert drug offenders to treatment, and it criticizes the federalization of criminal offenses. But the single most dramatic change in the Republican platform is that has eliminated what was in previous platforms an entire section on the war on drugs.

Just as with the candidates, the platforms give drug policy little time or space. In an election driven by the economy and the fires burning in the Middle East, the issue is going to get short shrift, especially when there is little daylight between the candidates on the platforms on the issue.

There are alternatives to the bipartisan drug policy consensus, but they remain on the margins. At least three third party candidates, Rocky Anderson of the Justice Party, Libertarian Party nominee Gary Johnson, and Green Party nominee Jill Stein, are calling for an end to the drug war and marijuana legalization, but they are all but shut out of presidential debates and media interest.

Mitt Romney (mittromney.com)
Since there is little substantive difference in the drug policy positions of the two front-runners and since their positions on marijuana legalization put them at odds with half the country -- 50% now support legalization, according to the most recent Gallup poll -- neither candidate has much incentive to open his mouth on the issue. And they may be able to get away with it.

"Can the campaigns get away with not talking about marijuana?" Drug Policy Action head Ethan Nadelmann asked rhetorically. "That depends. First, will the question get popped at one of the debates? I don't know how to influence that. The second possibility will be if the candidates are obliged to answer a question somewhere, but I don't know how much they're taking questions -- their handlers are trying to keep them on message. The third possibility is that they will say something at private events, but who knows what gets said there?" he mused.

"They are certainly going to try not to talk about it," said Morgan Fox, communications director for the Marijuana Policy Project. "Given Romney's anger at a reporter for bringing up the issue and Obama's reluctance to address questions about marijuana policy in public forums, one can expect them to continue this behavior until forced to answer questions by the media or the public."

That leaves voters for whom marijuana reform is an important issue hanging out to dry.

"Unless one of the candidates sees an opportunity for a large boost in support by changing his position on marijuana policy, voters will be forced to choose between either third party candidates or the major party option that they think will do the least amount of damage to reform efforts going forward," said Fox. "If we consider Obama's behavior so far and Romney's staunch anti-marijuana statements (as well as the fact that he has never used it) it becomes a really difficult choice for voters."

Nadelmann begged to differ on that point.

"Romney has been more hostile on this issue than McCain or Bush or any Democratic candidates since Bush the Elder," he said. "He is visibly uncomfortable and even hostile regarding even the most modest drug policy reforms. Romney said if you want to legalize marijuana, you should vote for the other guy. That's very telling, with over 50% of independents and even more than 30% of Republicans supporting marijuana legalization. Why would Romney say that? The Obama campaign would have a hard time running with this, but someone else could."

Still, the lack of space between the major party candidates on the issue may leave an opening for Anderson or Johnson or Stein, Fox said.

"These candidates are the only ones offering real solutions to the quagmire of marijuana prohibition, or even taking definitive stances on the issue. The more they continue to draw public attention to marijuana reform while the major players stay silent, the more we can expect voters to pay attention to them and take them seriously," he predicted. "We can also expect their vocal support for reform to draw the attention of the major candidates and possibly elicit some sort of positive response from one or both of them. Whether that response will be sincere or simply lip-service to prevent third-party candidates from siphoning votes in key elections remains to be seen. However, even the latter would be a sign that the message is getting out and that politicians are at least starting to realize where the public stands on marijuana."

The one place where marijuana policy discussion may be unavoidable and where marijuana policy positions could influence the statewide electoral outcome is Colorado. Marijuana is a big issue in the state, not only because Amendment 64 is on the ballot, but also because of the ongoing war of attrition waged against dispensaries there by the DEA and the US Attorney. (The Colorado Patient Voters Project tracks federal activity against medical marijuana in the state, as does our own Medical Marijuana Update series, accessible with other relevant reporting in our medical marijuana archive section.)

Gary Johnson (garyjohnson2012.com)
And it's a tight race where one third party candidate in particular, Gary Johnson, is making a strong run and exploiting his popular legalization position on marijuana. While the Real Clear Politics average of Colorado polls has Obama up 48.7% to Romney's 45.3%, the race tightens up when Johnson is included in the polls.

"I think Colorado is key," said Nadelmann. "It has the initiative and it's a swing state, and there is the possibility that Gary Johnson or the Green candidate could make a difference. The polling has been split, and the question with Gary Johnson is whether he draws more from Obama or Romney."

One recent poll may hold a clue. Among the polls included in the Real Clear Politics average is a new Public Policy Polling survey, which had Obama beating Romney 49% to 46%. But when the pollsters added Johnson to the mix, he got 5%, taking three points away from Obama, but only two from Romney, and leaving Obama with only a two-point lead, 46% to 44%.

This year's election results from Colorado could mark a historic point for the marijuana reform movement, and not just because of Amendment 64, said Fox.

"This is a state where we are really going to see the power of this issue as it relates to elections," he said. "This is possibly the first time that marijuana policy could affect the outcome of a presidential election. That just goes to show how far reformers have come in just a few short years. As public opinion in support of ending prohibition continues to grow, the paradigm is going to shift from politicians avoiding the issue at all cost or being knee-jerk reactionaries who want to appear 'tough on crime' to candidates addressing marijuana policy in a rational manner as a way to build support."

We'll see in a few weeks how this all shakes out, but before then, we'll be taking an in-depth look at pot politics in Colorado in the context of Amendment 64. Stay tuned.

Please read our last week's feature, overviewing the various state ballot initiatives: Drug Policy in the 2012 Elections I: The Initiatives.

(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.)

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 [email protected].

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.

https://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.

Colorado Marijuana Legalization Initiative Maintains Nine-Point Lead

Two months out from election day, positions appear to be hardening in the battle over legalizing marijuana in Colorado. A new Public Policy Polling survey shows Amendment 64, which would legalize and regulate marijuana like alcohol, maintaining the same nine-point lead it held last month.

Amendment 64 ad aims to reassure parents about teen marijuana use.
According to the poll results, both support -- at 47% -- and opposition -- at 38% -- remain unchanged. That's both good and not so good news for the legalization campaign. The good news is that the initiative remains ahead; the not so good news is that it isn't above 50%. But undecided voters would have to break 4-1 against the initiative for it to fail, if all of them vote yes or now and if the PPP numbers hold up.

PPP noted that the ballot language could be somewhat confusing, so it also asked a general question about marijuana legalization. That polled slightly higher, with 49% saying they approved and 43% saying they didn't.

That 43% who oppose marijuana legalization in general will likely represent the minimum "no" vote in November. Now, the initiative campaign must maintain the support it currently has while picking up some of those 15% of the voters who are undecided.

Drug Policy in the 2012 Elections I: The Initiatives [FEATURE]

The Labor Day weekend has passed, summer is behind us, and the November elections are just two months away. When it comes to drug policy and the 2012 elections, there is plenty on the table. This week, we're going to give you an overview all the drug-related campaigns (and we'll be counting on readers to let us know if we've missed anything), followed by some general discussion about the prospects for the fall and the state of the drug reform movement this election season.

Next week, we'll look at election races of interest, from the local races to the presidency, and In the weeks between now and election day, we will be doing in-depth reports on all the statewide initiative campaigns, as well as devoting as much attention as we can to some key local races and initiative campaigns.

Here's what we've got going for November 2012:

Marijuana Legalization Initiatives

Colorado -- 
Amendment 64 would allow adults 21 and over to possess up to an ounce of marijuana or six marijuana plants, three of which could be mature. It would create a system of state-licensed cultivation, manufacturing, and testing facilities and state-licensed retail stores. Local governments would have the option of regulating or prohibiting such facilities. The amendment would also require the state legislature to enact legislation governing industrial hemp cultivation, processing, and sale, and to create an excise tax on wholesale marijuana sales. The first $40 million of that annual revenue would be dedicated to building public schools.

Oregon -- Measure 80, the Oregon Cannabis Tax Act (OCTA), would create an Oregon Cannabis Commission to regulate the cultivation and sale of marijuana, but not industrial hemp, which would be allowed, but not regulated by the commission. The commission would grant licenses to cultivate marijuana for sale to it by "all qualified applicants" and would sell marijuana at state retail stores at prices it determines. Medical marijuana patients would have their medicine provided at cost. The OCTA would supersede all state and local laws regarding marijuana, except for impaired driving laws, leaving personal possession and cultivation by adults unregulated.

Washington -- Initiative 502 would legalize the possession of up to an ounce of marijuana by adults 21 and over, but does not allow for personal cultivation, except by or for medical marijuana patients. It would license marijuana cultivation and retail and wholesale sales, with restrictions on advertising. Regulation would be the remit of the state liquor control board, which would have to come up with rules by December 2013. The measure would create a 25% excise tax on marijuana sales, with 40% of revenues dedicated to the general fund and 60% dedicated to substance abuse prevention, research, and healthcare. It would create a per se driving under the influence standard of 5 nanograms of THC per milliliter of blood.

Medical Marijuana

Arkansas -- 
The Arkansas Medical Marijuana Act would allow patients suffering from specified diseases or medical conditions to use marijuana with a doctor's recommendation. It envisions a system of state-licensed nonprofit dispensaries, and would allow patients or their caregivers to grow their own only if they are not within five miles of a dispensary. In that case, patients could grow up to six flowering plants. Patients could possess up to 2 ½ ounces of marijuana.

Massachusetts -- Question 3, would allow people suffering from a debilitating medical condition to use medical marijuana upon the recommendation of a doctor with whom they have a bona fide relationship. Patients could possess up to a 60-day supply -- what constitutes that supply will be determined by the Department of Health. The initiative would also set up a system of nonprofit medical marijuana cultivation and distribution centers.

Montana -- Initiative Referendum 124 would undo the gutting of the state's medical marijuana program through the passage last year of Senate Bill 423. That bill replaced the voter-approved medical marijuana program, which allowed for dispensary sales, with a new scheme that limited providers to serving only three patients, prohibited providers from accepting anything of value in exchange for products or services, granted local governments the power to regulate providers, tightened standards for demonstrating chronic pain, and demanded reviews of doctors who certified more than 25 patients in a one-year period.

North Dakota -- the medical marijuana initiative is not yet a done deal as we go to press. [Update: North Dakota officials announced Thursday that the measure has failed to make the ballot after several university student signature gatherers were caught faking signatures.] Proponents needed 13,500 valid signatures and handed in more than 20,000 on August 7. State officials had 30 days from then to validate signatures. Patients could possess up to 2 ½ ounces of usable marijuana and grow up to 12 plants in an enclosed space. Caregivers could grow for one or more patients, provided they grew no more than 30 plants. The state would regulate medical dispensaries and the marijuana cultivated for them.

Sentencing

California --
Proposition 36 would reform the state's three strikes law, which allows a life sentence for a third felony conviction. The measure would allow life sentences only if the new felony conviction is "serious or violent," authorize re-sentencing for lifers if their third conviction was not "serious or violent" and if a judge determines their release would not pose an unreasonable risk to public safety, allow life sentences if the third conviction was for "certain non-serious, non-violent sex or drug offenses or involved firearm possession," and keep the life sentence for felons whose previous convictions were for rape, murder, or child molestation. If approved by voters, some 3,000 three strikes lifers could seek reductions.

Local Initiatives

California --
A number of towns, mostly in the San Diego area, will vote on local initiatives to allow medical marijuana dispensaries. Those include Del Mar, Imperial Beach, Lemon Grove, and Solana Beach, as well as Palo Alto. The town of Dunsmuir will vote on whether to loosen cultivation regulations.

Colorado -- Fort Collins will be voting on whether to overturn the ban on dispensaries voted in last November, and Berthoud will be voting on whether to allow dispensaries.

Massachusetts -- In a continuation of work done in the past six election cycles, voters in a number of legislative districts will be asked a non-binding public policy question. In the First Essex and Middlesex Senate District, the Eighth Essex House District, and the Twenty-Second Essex House District voters will be asked whether they support repeal of the "federal prohibition of marijuana, as the 21st Amendment repealed national prohibition of alcohol, so that states may regulate it as they choose?" Voters in the Second Middlesex Senate District, the Middlesex and Suffolk Senate District, and the Second Berkshire House District will answer a similar question.

Michigan -- Voters in Detroit and Flint will vote on marijuana legalization initiatives, voters in Grand Rapids will vote on decriminalization,  Kalamazoo will vote on an initiative to allow dispensaries, and Ypsilanti will vote on a lowest law enforcement priority initiative.

Washington -- Voters in six cities -- Bellingham, Bremerton, Everett, Kent, Olympia, and Spokane -- will vote on initiatives to make marijuana the lowest law enforcement priority and prohibit local officials from cooperating with federal marijuana law enforcement activities.

The lineup of state and local initiatives has some drug reform movement spokespeople feeling pretty good.

"I think at least one state will make marijuana legal for adults this election cycle," said Marijuana Policy Project communications director Morgan Fox. "The fact that we're discussing so many initiatives is a sign of progress. As things progress and people get increasingly sick of marijuana prohibition, we will see more and more states considering this every election cycle, and it will become more of an issue for candidates," he added.

"Politicians are starting to realize they can use this to their advantage and ignore at their peril," said Fox. "Many of them, though, don't realize how much of an effect it can have on their elections -- just ask the former US Attorney in Oregon, Dwight Holton. He didn't think his stance against medical marijuana would cost him the primary, but it did."

"I sincerely hope that one of these passes and raises the debate to whole new level, and maybe takes some of the heat off of California," said Dale Gieringer, head of California NORML. "These are states when you can have a good campaign for a reasonable amount of money that the drug reform movement can put up. A million dollars or two doesn't get you very far in California."

But at least one of those legalization initiatives needs to win this year, he said. "If pot gets wiped out in the elections, it's going to be tougher to win down the road."

"The sheer number of initiatives that are on the ballot and viable this cycle shows the momentum that the movement toward legalizing marijuana has," said Tamar Todd, assistant director for national policy at the Drug Policy Alliance. "That momentum is also reflected in other ways -- in terms of the dialog we're hearing, the high support for legalization across the board, the rejection of the drug war polices of the past," she said.

"When you look in certain areas, such as the Northeast and the West, the numbers are even higher," Todd continued. "In 2010, we had a legalization initiative in California; this year we have them in three states, plus three or four medical marijuana initiatives. The number and their viability represent a real shift taking place in public opinion.  The end result, no matter what happens this election cycle, is that in two years and every two years, the number and viability will continue to increase until there is actually sufficient change happening at the state level to start pushing the federal government to change its policies."

The initiatives are on the ballot. Now, they need to win.

NAACP Regional Chapters Endorse CO, OR, WA Marijuana Initiatives

All three marijuana legalization initiatives on state ballots this year have won the endorsement of National Association for the Advancement of Colored People (NAACP) regional organizations this week. Last Wednesday, the Colorado, Montana, and Wyoming conference of the NAACP endorsed the Colorado initiative, and last Friday, the Alaska, Washington, and Oregon conference of the NAACP endorsed the Washington initiative. That same conference endorsed the Oregon initiative earlier this month.

The Colorado initiative, Amendment 64, has already won the support of a growing list of organizations, including the Democratic and Libertarian Parties of Colorado, the Colorado Criminal Defense Bar, and the Colorado Criminal Justice Reform Coalition. Similarly, the Washington initiative, I-502, also has a growing list of endorsers, including the King County (Seattle) Bar Association, the Washington State Labor Council of the AFL-CIO, the Green Party, the state Democratic Party, and numerous county and local Democratic Party groups. Likewise, the Oregon initiative, Measure 80, is busily picking up endorsements as well, including that of the Libertarian Party presidential ticket.

"In ending the prohibition against adult use of marijuana, we might affect mass incarceration and its disproportionate impact on African-Americans and other people of color," said Rocky Mountain states regional NAACP president Rosemary Harris-Lytle.

"Treating marijuana use as a crime has not only failed, it has perpetuated racial inequities through unequal enforcement," said Pacific Northwest regional president Oscar Eason, Jr.  "African Americans are no more likely than whites to use marijuana, but we are much more likely to be arrested for it."

Every endorsement counts in what will be a nail-biter of a campaign in both states. According to recent polls, the Colorado and Washington initiatives are leading, but are only hovering around the 50% support level. It takes 50% plus one to win, and veteran initiative watchers say initiatives should be polling at least 60% as the campaigns head into the home stretch because some support is soft and likely to be peeled off by last minute opposition campaigning.

In Colorado, an early August Public Policy Polling survey of likely voters had Amendment 64 leading 49% to 40% and trending upward from an earlier PPP poll that had it leading 46% to 42%, but still not over 50%. In Washington, a July Public Policy Polling survey had I-502 leading 50% to 37% and trending upward over an earlier PPP poll that had it leading 47% to 39%, but still not over 50%. The battle looks to be a little tougher in Oregon, where a July Public Policy Polling survey asking a generic question about whether marijuana should be legalized had 43% saying yes and 46% saying no.

Look for in-depth reporting on these three marijuana legalization initiatives and their prospects after the Labor Day holiday.

Marijuana Legalization Breaks 60% in Colorado Poll

Amendment 64 billboard (regulatemarijuana.org)
In November, voters in Colorado will decide whether to approve Amendment 64, a state-wide ballot initiative to end marijuana prohibition and regulate marijuana like alcohol. A new Rasmussen poll released Monday suggests the initiative could be well on the way to victory.

In its June 6 survey of likely voters, Rasmussen found support for marijuana legalization at 61%. More strikingly, only 27% opposed legalization, with 12% undecided. Respondents were asked whether they supported "legalizing marijuana and regulating it in a way similar to the way alcohol and tobacco cigarettes are regulated today."

The conventional wisdom among initiative watchers is that initiatives need to be polling at 60% or above at the beginning of the campaign to have a chance of winning. Veteran observers note that opponents of an initiative are always able to peel away some support with negative campaigning late in the game.

But in Colorado, not only is support for pot legalization strong, it is trending upward. A December 2011 Public Policy Polling survey had support at 49%, with 40% saying it should remain illegal.

Marijuana legalization also had more support than either major party presidential candidate. Both Barack Obama and Mitt Romney garnered 45% support. How the politics of marijuana in Colorado will affect the presidential race there remains to be seen.

Rasmussen conducted phone interviews with 500 likely Colorado voters. The poll's margin of error is +/-4.5%.

CO
United States

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