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Chronicle AM -- December 10, 2013

African-American faith leaders observe International Human Rights Day by calling for an end to the drug war and mass incarceration, Texans are ready for criminal justice reform, and Mexico's prohibition-related violence continues apace. And more. Let's get to it:

African American faith leaders called Tuesday for an end to the drug war and mass incarceration. (sdpconference.info)
Medical Marijuana

Michigan Medical Marijuana Bills Pass House Committee. A pair of bills that would allow for the use of medical marijuana-infused products, as well as legalizing dispensaries for cannabis, passed the House Judiciary committee Tuesday morning on unanimous votes. A third bill, which would allow pharmacies to produce and sell medical marijuana, also passed, but on an 8-1 vote. With the legislature adjourning for the year Thursday, it's unlikely they will get final votes before then.

Law Enforcement

California Appeals Court Rules Only Prosecutors -- Not Police -- Can Initiate Asset Forfeiture Proceedings. California's 5th District Court of Appeals in Fresno ruled last week that police agencies cannot initiate asset forfeiture proceedings, which must instead be undertaken by prosecutors. Police had seized $16,000 in cash from Adolfo Cuevas and a friend sitting in a car and moved to forfeit it when traces of methamphetamine were found on a $5 bill. Only prosecutors can make that call, the court held. The case is Cuevas v. Superior Court of Tulare County.

Pain Pills

American College of Physicians Calls for Pain Med Contracts, Database, Educational Programs. In a policy paper released Tuesday, Prescription Drug Abuse, the American College of Physicians set out 10 policy positions and recommendations aimed at reducing "the significant human and financial costs related to prescription drug abuse." They include supporting a national prescription drug monitoring program, more education and prevention efforts for doctors and patients, and considering the use of written agreements ("pain contracts") for doctors and patients when treating pain. [Ed: Patient advocates often regard databases and pain contracts with suspicion. We commonly receive reports about pain contracts in particular having a chilling effect on the availability of pain medication for patients who need it. It is not clear whether this paper fully considers the plight commonly suffered by pain patients because of the war on drugs.]

Sentencing

On International Human Rights Day, Black Leaders Call for End to Drug War, Mass Incarceration. The Samuel DeWitt Proctor Conference, a major grouping of African-American faith leaders, called for an end to the war on drugs and mass incarceration Tuesday, International Human Rights Day. The call came as the group released key findings from a series of community-based hearings on mass incarceration it has held around the nation. Click on the link for the recommendations.

Poll: Texans Ready to Reform Drug Punishments. A poll released Monday by the Texas Public Policy Foundation finds that nearly four out five (79%) Texans support drug treatment instead of prison for people caught possessing drugs. The poll also found overwhelming (84%) support for broader criminal justice reforms in the state.

International

Mexican Drug War Deaths Show No Decline. One year after Enrique Pena Nieto assumed office as president of Mexico, the deadly prohibition-related violence that has plagued the country for the past six years shows no sign of abating. According to Frontera NorteSur, citing Mexican press reports, there were 19,016 people killed in the drug violence in the first 11 months of Pena Nieto's term, compared to 18,161 during the last 11 months of Felipe Calderon's government. The violence also appears to have shifted geographically, from border states to states in the south and center of the country.

Majority for Marijuana Legalization in New California Field Poll

A new Field Poll released Tuesday has 55% support for generic marijuana legalization and 56% support for the California Cannabis Hemp Initiative of 2014 (CCHI).

It's only the latest to show California majorities for legalization. A September Public Policy Institute of California poll showing 60% of registered voters favoring legalization and an October Tulchin poll that had support for legalization at 65% among likely voters.

The CCHI isn't the only initiative out there. Two more are at the state attorney general's office awaiting approval to begin signature-gathering, including one filed last week by the Drug Policy Alliance, the Control, Regulate, and Tax Marijuana Act.

The question now is whether these most recent poll results are likely to persuade enough major players that California should be contested next year instead of waiting for 2016. There are big logistical and financial obstacles to getting an initiative on the ballot for next year at this late date.

Look for more on the Field Poll results in a Chronicle news brief later today.

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CA
United States

Chronicle AM -- November 22, 2013

The momentum for marijuana legalization continues in the US, but Australia's New South Wales rejects medical marijuana even for the terminally ill. There's plenty more news, too. Let's get to it:

Coming soon to a legal retail outlet near you (if you live in Colorado). (wikipedia.org)
Marijuana Policy

World's First-Ever Marijuana Retail License Issued in Colorado. Officials in Central City, Colorado, issued the world's first legal marijuana retail license Thursday. The license went to Annie's, currently operating as a medical marijuana dispensary. Annie's must still obtain a state license. Legal retail marijuana sales begin on January 1.

Oregon Legislators Meeting Today on Marijuana Legalization. Oregon lawmakers are meeting today to lay the groundwork for a possible marijuana legalization initiative to put before voters in November 2014. Senate Judiciary Chairman Floyd Prozanski (D-Eugene) said he would push for such an initiative. New Approach Oregon has already filed its own legalization initiative, which Prozanski called "a great first draft," but then added that legislators should vet it.

Poll: Marijuana Legalization Has Majority Support in Indiana. The 2013 Hoosier Poll finds that 52.2% of adults in the state favor making "marijuana a regulated substance much like the way we regulate the use of alcohol and tobacco products." Only 45.3% were opposed. Support reached a whopping 78.1% when respondents were asked if "marijuana should be taxed like alcohol and tobacco products, or not."

Maine Legislative Council Rejects Legalization Bill. The Maine Legislative Council, made up of 10 leading legislators, Thursday night rejected a marijuana legalization bill sponsored by Rep. Diane Russell (D-Portland). That means the bill will have to go through the regular legislative process next year, or the voters will decide through a referendum.

Medical Marijuana

Four California US Representatives Call on Northern California US Attorney to Stop Harassing Dispensaries. Reps. Barbara Lee (D), George Miller (D), Sam Farr (D), and Eric Swalwell (D) Thursday released excerpts of a letter they sent to US Attorney for Northern California Melinda Haag challenging her "hostility toward dispensaries." They criticized Haag's approach as "counterproductive and economically prohibitive," as well as being out of step with Obama administration policies as set down in August's Justice Department memo. "It is far past time for commonsense and economic sense to prevail in policies and actions related to medical cannabis dispensaries that serve the patients in our communities," said Rep. Lee. "This harassment and constant threat of prosecution should end."

Drug Testing

Northern Marianas Bill Would Require Twice a Year Drug Tests for Elected Officials. A bill being crafted in the Northern Marianas Islands House of Representatives would require all elected officials to undergo drug tests every six months. The bill is being drafted by former cop Rep. Christopher Leon Guerrero, but is likely to be found unconstitutional if it ever passes, given federal court precedents.

Law Enforcement

Ohio Makes First Arrest under Automobile "Secret Compartment" Drug Law. An Ohio man arrested Tuesday for driving a vehicle that contained a hidden compartment becomes the first person charged under the state's 2012 law (Senate Bill 305) making it a felony to add a secret compartment with the intent of using it to conceal drugs for trafficking. Norman Gurley's vehicle had a secret compartment, but it contained no drugs or evidence of drugs.

Sentencing

Attorney General Holder Blasts High US Incarceration Rates at Colombia Conference. US Attorney General Eric Holder ripped into US incarceration policies at a conference of security ministers in Colombia Thursday, calling our imprisonment rates "both inadvisable and unsustainable." Holder added that the resort to mass incarceration "results in far too many Americans serving too much time in too many prisons -- and beyond the point of serving any good law enforcement reason." He also signaled that other countries should have greater flexibility in drug control policies. "We must acknowledge that none among us can fight this battle on our own, or by implementing a 'one-size-fits all' approach."

International

No Medical Marijuana for the Terminally Ill in Australia's New South Wales. The state government in New South Wales has rejected a request that terminally ill patients be granted an exemption to use marijuana to ease their pain. A bipartisan parliamentary committee had recommended that AIDS and terminally ill patients be allowed to possess up to a half-ounce for medical reasons, but the state government rejected the recommendation, saying the potency and safety of medical marijuana cannot be guaranteed. The decision was "cannabis hysteria at its worst," said Green MP John Kaye. "It's absurd to argue that someone dying of cancer should be denied access to a little bit of pain relief because it's the same substance some people use illegally."

Chronicle AM -- November 18, 2013

A bill to protect the guns rights of legal marijuana users has been filed, hempsters hit the halls of Congress, a new medical marijuana bill is filed in Pennsylvania, and more. Let's get to it:

Rep. Jared Polis (D-CO) filed a bill to protect the gun rights of legal marijuana users.
Marijuana Policy

Polis Files Federal Bill to Protect Gun Rights of Legal Marijuana Users. US Rep. Jared Polis (D-CO) last Thursday filed House Resolution 3483 to override a 2011 ruling by the Bureau of Alcohol, Tobacco & Firearms that medical marijuana patients cannot legally buy or own guns. The bill's summary says its purpose is "to amend title 18, United States Code, to provide exceptions from the firearm prohibitions otherwise applicable in relation to marijuana if its possession is lawful under State law."

Washington State Now Taking Applications for Pot Business Licenses. Beginning today, Washington state is taking applications for licenses to grow, process, and sell legal marijuana. The licensing application period lasts 30 days. Under rules drafted by the Liquor Control Board, the state will license up to 2 million square feet statewide for marijuana production and up to 334 retail outlets.

Near Majority for Marijuana Legalization in Wisconsin. A Marquette University Law School poll has Wisconsin hovering on the cusp of majority support for legalization. The late October poll had support for legalization at 49.7%, with 44.9% opposed, 4.7% not sure, and 0.8% who refused to answer.

No Decriminalization in Puerto Rico This Year. Marijuana decriminalization won't happen this year in Puerto Rico. The legislative session has ended without the lower house taking up a decriminalization bill passed earlier by the Senate. Recent polls showing little support for decriminalization and even medical marijuana helped dampen things, but decrim bill sponsor Sen. Miguel Periera said he will reintroduce it in the new session in January.

Medical Marijuana

Americans for Safe Access Forms Virginia Chapter. The national medical marijuana advocacy group is coming to the Old Dominion. The state chapter, Safe Access Virginia, will lobby elected officials to pass a comprehensive Virginia Medical Cannabis Act. The group had its inaugural meeting Saturday in Richmond.

Oregon Committee Reviewing Dispensary Rules Meets Today. The committee charged with drafting rules for medical marijuana dispensaries is meeting in Salem today. It will consider an opinion from the Oregon Legislative Counsel that says regulating dispensaries is the job of the state, not localities. Some localities have already moved to ban dispensaries.

Pennsylvania Medical Marijuana Bill Introduced. State Sens. Daylin Leach (D) and Mike Folmer (R) introduced a limited medical marijuana bill Monday. While the text is not yet available, Leach's remarks suggest that it seeks to allow medical marijuana with a high CBD content that could be used by children suffering from epilepsy.

Hemp

Hemp Lobbyists go to Washington, DC. Led by David Bronner of Dr. Bronner's Magic Soaps, several dozen supporters of industrial hemp were on Capitol Hill Monday urging Congress to lift the federal ban on domestic hemp production. "It's time to grow hemp," Bronner said. "I mean, it's been a long and ridiculous situation."

International

Ireland Stops Anti-Drug Aid to Death Penalty States; Britain Pressed to Do Same. Last Friday, Ireland announced it was stopping "funding to UNODC's Illicit Trafficking and Border Management program because of human rights concerns related to the use of the death penalty in Iran." The British justice reform nonprofit Reprieve is now pressing the UK government to do the same. "Britain is rapidly becoming isolated as the only country which thinks supporting the death penalty machines of Iran and Pakistan is acceptable. Hundreds of people have been sentenced to death in these countries in the last few years for non-violent drug offenses -- helped by millions of pounds of British taxpayers' money. Britain could end this problem tomorrow by putting in place conditions on the aid that it cannot be used to support the death penalty -- why are ministers refusing to do so?"

More Mass Graves in Mexico. Investigators in western Mexico have dug up 19 bodies from a series of eight mass graves after being led to them by corrupt police officers who had been working for drug cartels. More bodies may be coming. They are believed to be victims of turf wars between the Knights Templar and New Generation Jalisco drug trafficking organizations. The corrupt cops were arrested after two federal police were abducted in Michoacan. The missing federal cops are not among the bodies found so far. Meanwhile, in Guerrero, five more bodies were pulled from a mass grave.

Maryland Majority for Marijuana Legalization

The latest evidence that marijuana legalization has reached the tipping point comes from Maryland, where a new Goucher Poll has a slim majority for legalization, as well as strong support for decriminalization and overwhelming support for medical marijuana.

The poll found that 51% supported marijuana legalization, while 90% supported medical marijuana if prescribed by a doctor.

The poll also asked whether marijuana possessors should be jailed, subjected to drug treatment, or fined. A near majority (49%) supported fines (or decriminalization), while 34% supported drug treatment, and only 6% supported jailing pot people.

"When it comes to marijuana use in the state, a slight majority of Marylanders support legalization for small amounts, and a large majority support the drug's use for medicinal purposes," said Mileah Kromer, director of the Sarah T. Hughes Field Politics Center. "Citizens of the state also seem to support the decriminalization of marijuana, favoring policies that focus on rehabilitation and fines, rather than jail time for possession. This will be an issue to watch for the upcoming legislative session."

This year, the legislature approved a bill that authorized academic medical centers to distribute medical marijuana, but a decriminalization bill died in the House after passing the Senate.

The poll was conducted using both cell phones and land lines, with pollsters contacting 655 Maryland residents in late October. The margin of error is +/- 3.8%.

MD
United States

Chronicle Daily News--November 1, 2013

The big news today is yesterday's surprising appeals court ruling allowing the NYPD to continue stop-and-frisk searches, but there's more as well on marijuana reform, drug testing, and a conference in New Zealand.

NYPD practices stop-and-frisk techniques (nyc.gov/nypd)
Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Marijuana Policy

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

International

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs—regulating instead of prohibiting them—and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

58% Say Legalize Marijuana in Latest Gallup Poll

Support for marijuana legalization is at the highest levels ever, with 58% of Americans in favor, according to a Gallup poll released Tuesday. That's up an impressive eight points from 2011, when Gallup had 50% supporting legalization, and even more impressively, up 10 points from last year, when support had dipped to 48% in the annual poll.

https://stopthedrugwar.org/files/gallup-numbers-2013.png
The poll results are generally in line with other polls in the past couple of years that have shown half or more of Americans are ready to free the weed. As Gallup's own annual polls suggest, after support for legalization stayed around one-quarter of the population in the 1980s and 1990s, momentum has picked up since the turn of the century. Then, only 31% supported legalization; now nearly double that number are ready for it.

Gallup pointed at movement toward support of legalization by independents, now at 62% and up a big 12 points since last year. Support also increased among Democrats, from 61% to 65%, while among Republicans, only 35% favored it, although that, too, was up over last year, by a couple of points.

The pollster also singled out strong support among younger Americans and rapidly increasing -- although still not majority -- support among senior citizens. Two-thirds (67%) of 18-to-29-year-olds said legalize it, as did 62% of 30-to-49-year-olds and 56% of 50-to-64-year-olds. Only 45% of seniors agreed, but that was up a whopping 14 points over 2012.

Gallup offered several explanations for the upswing, including the victories in Washington and Colorado last year, the Obama administration's relatively soft-shoe approach to the matter, and increasing social and cultural acceptance of the plant (a sizeable 38% admitted to having tried it), driven in part by medical marijuana.

"It has been a long path toward majority acceptance of marijuana over the past 44 years, but Americans' support for legalization accelerated as the new millennium began," Gallup said in summarizing the poll results. "This acceptance of a substance that most people might have considered forbidden in the late 1960s and 1970s may be attributed to changing social mores and growing social acceptance. The increasing prevalence of medical marijuana as a socially acceptable way to alleviate symptoms of diseases such as arthritis, and as a way to mitigate side effects of chemotherapy, may have also contributed to Americans' growing support."

It was all music to drug reformers' ears as they prepared to gather this week in Denver for the biennial International Drug Policy Reform Conference sponsored by the Drug Policy Alliance.

"The latest poll results point to the absurdity and even venality of persisting with harsh prohibitionist policies," said Ethan Nadelmann, the Alliance's executive director. "No other law is enforced so harshly and pervasively yet deemed unnecessary by so many Americans. Spending billions of dollars and arresting 750,000 people annually for violating marijuana laws now represents not just foolish public policy but also an inappropriate and indecent use of police powers to favor one side of a cultural and political debate."

"The American people have opened their eyes to the failure that is marijuana prohibition and there is no putting the genie back in the bottle. Following the successful passage of marijuana legalization initiatives in Colorado and Washington in 2012, the people of this country see that a new approach to marijuana policy is both required and possible," said NORML communications director Erik Altieri. "The majority of Americans agree that prohibition has failed and it is time to legalize and regulate. The issue can no longer be ignored or sidelined. Legalization is now the mainstream position and supporters of perpetuating our war on marijuana will continue to be further relegated to the fringe."

"The dramatically increasing support for making marijuana legal should come as no surprise," said Rob Kampia, executive director of the Marijuana Policy Project. "Marijuana prohibition has been an abject failure. Most Americans realize it is unjust, wasteful, and counterproductive to invest in the criminalization of adults for using a substance that is far less harmful than alcohol."

"The passage of adult-use marijuana initiatives in Colorado and Washington has demonstrated widespread disillusion with marijuana prohibition," noted Aaron Smith, executive director of the National Cannabis Industry Association. "The success of regulated medical and adult-use marijuana markets in 17 states and DC is replacing criminal enterprises with legal and responsible businesses that generate millions in tax revenue and tens of thousands of good jobs. It's no surprise that 58% of Americans now support bringing this regulated approach to all 50 states."

Both Kampia and Smith explicitly called on Congress to act to end federal pot prohibition, and Kampia said the poll "bodes well for efforts underway to change state laws around the nation." That may be an understatement. Let's check back in a on that a little bit more than a year from now.

Panel to Study California Marijuana Legalization

California Lieutenant Gov. Gavin Newsom (D) will lead a blue ribbon panel of expert to chart a path toward marijuana legalization, the ACLU of California announced Thursday. At the same time, the group released polling results showing that two-thirds of California voters are ready to support regulated legal marijuana commerce that contributes to state tax coffers.

Gavin Newsom announces panel formation. (Rebecca Farmer)
"The prohibition of marijuana has had an enormous human and financial cost in communities across this state," said Newsom, the highest ranking elected official in California to publicly endorse taxing and regulating marijuana for adults. "It is far past time for Californians take a serious look at smarter approaches to marijuana, and it is imperative that happen before any marijuana ballot initiative gets underway."

The panel will consist of academic, legal, and policy experts and "will engage in a two-year research effort," the ACLU said. That is a clear signal that organizers are aiming at 2016 -- not 2014 -- as the time to put the matter before voters, even though at least two separate 2014 marijuana legalization initiative efforts are already underway in the state.

"The panel's work will be designed to help voters and policy makers evaluate proposals for a strict tax and regulation system that will enable California to benefit from billions of dollars of new revenue while ensuring safe communities and protecting against underage use," the ACLU said.

Among those named to the panel are Keith Humphreys, a Stanford Health Policy Associate who was a senior policy analyst at the White House Office of National Drug Control Policy in 2009-2010; Erwin Chemerinsky, constitutional law expert and dean of the University of California, Irvine School of Law; two past presidents of the California Society of Addiction Medicine; Dr. Seth Ammerman, a Stanford University professor and member of the American Academy of Pediatrics; Santa Clara County Sheriff Laurie Smith; and Sam Kamin, a Denver University law professor who has been appointed to the Colorado governor's task force for implementing that state's marijuana legalization initiative.

Also included are Alison Holcomb, campaign manager of Washington state's successful 2012 ballot initiative to tax and regulate marijuana; Tamar Todd, staff attorney for the Drug Policy Alliance; Karen O'Keefe, staff attorney for the Marijuana Policy Project; and Neill Franklin, executive director of Law Enforcement Against Prohibition.

In addition to enhancing state revenue streams, marijuana legalization would end the extreme racial disparities in marijuana arrests in California, the ACLU said.

"Marijuana prohibition has harmed communities and families by needlessly ensnaring hundreds of thousands of people in the overburdened criminal justice system, with people of color far more likely to be arrested and prosecuted," said Allen Hopper, director of criminal justice and drug policy for the ACLU of California. "California voters recognize that it's time for change and will overwhelmingly support reforming marijuana laws provided it can be done responsibly with adequate safeguards and assurances that tax revenues will go to fund public schools and other important social services."

CA
United States

Two-Thirds of Californians Say Legalize Marijuana

Will California wait until 2016 to vote on legalizing marijuana? A poll released Thursday strongly suggests voters in the Golden State are ready to legalize it right now.

Should marijuana be legal? California says "yes."
The new Tulchin Research poll has support for legalizing marijuana at just under two-thirds (65%), with only 32% opposed. It shows majority support for legalization among every demographic except one -- Republican Party members. Even among Republicans, support for legalization (47%) trailed opposition (50%) by only three points.

And this was not a generic legalization question. The poll asked: "There may be a measure on the ballot in the future to legalize, regulate and tax marijuana in California for adults. It would still be illegal for minors, there would be penalties for driving under the influence of marijuana, and it could only be sold in state regulated stores. The measure would tax marijuana and generate an estimated one billion dollars a year to fund schools, public safety and other essential services and there would be annual audits to ensure the money is spent as intended. Based on this, would you support or oppose this proposal?"

Geographically, support was strongest in the Bay Area (73%), followed by San Diego (67%), Los Angeles County and the Central Valley at 65%, Sacramento/North (63%), the Los Angeles Area (59%), and the Inland Empire (58%).

Among racial groups, support was strongest among blacks (74%), followed by whites (69%) and Asians (68%), with Hispanics lagging at 53%. Both men (66%) and women (65%) strongly supported legalization. So did all age groups, with the lowest level of support being 54% among 40-49-year-olds.

"In sum, voters strongly support a marijuana legalization and regulation measure for adults that includes penalties for DUI and collects revenues to fund public services," Tulchin said. "Furthermore, such a reform is supported by nearly all demographic subgroups across the state."

The poll comes as one 2014 marijuana legalization initiative is in the signature-gathering phase and a second is awaiting approval of title and ballot summary at the state attorney general's office. The conventional wisdom among deep-pocketed drug reformers is that California should wait until 2016, when a presidential election year generates higher voter turnout, which in turn favors liberal voting groups, but poll numbers like these are going to increase the pressure to get something done next year.

The poll was conducted on behalf of the ACLU of California, which also announced that it is putting together a high-octane panel to study marijuana legalization for the next two years, implicitly precluding a 2014 effort.

The Tulchin Research poll was conducted doing live landline and cell phone interviews with 1,200 November 2016 voters between September 26 and October 6. The margin of error is +/-3.1%.

CA
United States

Poll Finds Texans Ready to Legalize Marijuana

Voters in Texas are among the latest to hop on board the marijuana legalization bandwagon, according to a poll released this week. The Public Policy Polling survey had support for marijuana legalization at 58%, support for medical marijuana at 58%, and support for decriminalizing small-time possession at 61%.

The poll was commissioned by the Marijuana Policy Project. The survey of 860 randomly selected Texas voters was conducted September 27-29 and has a margin of error of plus or minus 3.3%.

"Marijuana prohibition has been just as big a failure as alcohol prohibition," said MPP executive director Rob Kampia, a part-time Austin resident. "Most Texans agree that marijuana sales should be conducted by legitimate businesses instead of drug cartels in the underground market."

The poll's legalization question -- "Would you support or oppose changing Texas law to regulate and tax marijuana similarly to alcohol, where stores would be licensed to sell marijuana to adults 21 and older?" -- was the only question that allowed respondents to qualify their support as "strongly support" or "somewhat support." Some 41% strongly supported legalization, with another 17% somewhat supporting it.

Unusually, support for legalization was stronger among women (59%) than among men (56%). Also going against the grain, support was stronger among blacks (61%) and Latinos (60%) than Anglos (56%). In most polls across the country, men and whites are more likely to support legalization than women, blacks, or Latinos.

By political affiliation, legalization won strong majority support among Democrats (70%) and independents (57%), while even nearly half of Republicans (48%) also favored it. Legalization also won majority support across all age groups, with even those 65 and older coming in at 52%.

The poll also found that 61% of state voters support removing criminal penalties for possession of up to one ounce of marijuana and replacing them with a civil offense punishable by a fine of up to $100 with no possibility of jail time. Only 30% said they were opposed to that. Under current Texas law, it is a criminal offense for a person to possess a small amount of marijuana, and he or she can be sentenced to up to a year in jail and fined up to $2,000.

"Law enforcement officials' time would be better spent addressing violent crimes instead of adults simply possessing marijuana," Kampia said. "No adult should face potentially life-altering criminal penalties for using a product that is significantly less harmful than alcohol."

Most Texas voters (58%) support changing state law to allow seriously and terminally ill patients to use medical marijuana if their doctors recommend it. Just 31% said they are opposed.

"There is ample research demonstrating the medical benefits of marijuana in the treatment of several debilitating conditions," Kampia said. "People suffering from cancer and multiple sclerosis should not face the threat of arrest for using medical marijuana if their doctors believe it will help ease their suffering."

TX
United States

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