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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

Polls Find Maryland, Florida Ready for Marijuana Reform

Polls from two more states this week show an increasing acceptance of the need to reform marijuana laws. In a Florida poll, Sunshine State voters said they were ready to back medical marijuana, while in a Maryland poll, Old Line State voters said they were ready to decriminalize and/or legalize the weed.

Voters in the two states are joining a growing cavalcade of marijuana reform supporters in state polls, some of them in places where the support seemed unlikely. Just in the month of September, different polls showed majority support for marijuana legalization in Louisiana, majority support for decriminalization and a near majority (47%) for legalization in Michigan, majority support for decriminalization and medical marijuana in Oklahoma, and majority support for legalization in California.

In Florida, where the Right to Medical Marijuana Initiative signature-gathering campaign is underway, a Public Policy Polling survey found support for a medical marijuana ballot measure at 62%, with only 26% opposed and 12% undecided.

That poll found strong support for medical marijuana among Democrats (68%) and independents (74%). And while there wasn't majority support among Republicans, more Republicans supported medical marijuana (46%) than opposed it (41%).

In Maryland, a Public Policy Polling survey found nearly three-quarters (72%) support for medical marijuana, more than two-thirds (68%) for decriminalization, and a slight majority (53%) for legalization. (The legalization question asked: "Would you support or oppose changing Maryland law to make marijuana legal for adults 21 and over, and regulating and taxing marijuana similarly to alcohol?")

The poll was commissioned by the Marijuana Policy Project and the ACLU of Maryland, both of which have been working with the state legislature in Annapolis to loosen pot penalties. This year, the legislature approved a medical marijuana program, but rejected efforts to decriminalize or legalize marijuana.

"Most Maryland voters recognize that marijuana prohibition has failed and believe it is time to adopt a more sensible approach," said Rachelle Yeung, legislative analyst for MPP. "By regulating marijuana like alcohol we can take marijuana sales out of the underground market and put them behind the counters of legitimate, tax-paying businesses. Marijuana is objectively less harmful than alcohol, and it is time to treat it that way."

"Our current marijuana prohibition policies are grossly ineffective," said Sara Love, public policy director for the ACLU of Maryland. "It's time to take a commonsense approach to public safety and criminal justice. We should not be wasting resources arresting people simply for possessing marijuana. Enforcement of these misguided marijuana laws is having a disproportionate and detrimental impact on communities of color. A majority of voters agree it is time for a change."

Elected officials are supposed to lead, but when it comes to marijuana law reform, it is becoming increasingly clear that the public is going to have to lead the elected officials by their noses.

Majority Favor Marijuana Legalization in California, Poll Finds

Support for marijuana legalization is above 50% among Californians, and even higher among likely voters, according to a new Public Policy Institute of California (PPIC) poll released Thursday. While other pollsters have reported majority support for legalization in the past, especially in the run-up to the failed 2010 Proposition 19 effort, Thursday's poll marks the first time PPIC has recorded majority support for legalization.

PPIC polling in September 2011 had support for legalization at 46%, and that figure dropped to 45% in a March 2012 PPIC poll. Now, the numbers have flipped.

The poll found support for marijuana legalization at 52% among all respondents and 60% among likely voters. Conversely, 45% of all respondents and 38% of likely voters opposed legalization, with undecideds accounting for only 2% to 3% of respondents.

Democrats (64%), independents (60%), and men (57%) are more likely than Republicans (45%) and women (47%) to favor legalization. About six in 10 whites (63%) and blacks (61%) are in favor, Asians are divided (48% legal, 45% not legal), and about six in 10 Latinos are opposed (62%). About half across age groups think marijuana use should be legal.

The question asked was "In general, do you think the use of marijuana should be made legal, or not?"

The question was asked of 1,703 Californians, including 1,429 registered voters, between September 10 and 17. Among those likely voters responding, 46% were Democrats, 31% Republicans, and 17% independents. That generally follows current voter registration statistics. The racial makeup of likely voters was 61% white, 15% Latino, 12% Asian and 8% black. The poll has a margin of error of between 3.7% and 4.5% depending on the subgroup polled.

The poll results are likely to encourage efforts by California activists to get a legalization initiative on the 2014 ballot, even though many major drug reform players have cautioned that the state should wait for the higher voter turnout expected in the 2016 presidential election year. A divided activist community threw up several initiative proposals in 2012, but none of them managed to make the ballot.

One measure, the California Cannabis Hemp Initiative 2014, has already been cleared for circulation this year, and at least one more is in the works. Organizers face a daunting task, however; they need to gather more than half a million registered voter signatures, a process that typically requires at least a million-dollar investment. Whether the big money can be convinced that 2014 is both doable and winnable remains to be seen.

The poll also found that more than two-thirds (68%) of respondents said the federal government should not enforce federal marijuana laws in states where it is legal.

CA
United States

Oklahomans Ready for Marijuana Law Reform, Poll Finds

Oklahoma NORML Friday released survey results from a Sooner Poll showing strong support for medical marijuana and majority support for marijuana decriminalization. The poll had support for medical marijuana at 71% and support for decriminalization at 57%. The poll did not ask about legalization.

The poll of registered voters was conducted between August 28 and September 9. The margin of error is +/- 4.9%.

If someone is going to be arrested for a marijuana offense, nearly two-thirds of respondents (64%) said they should be treated instead of jailed.

Under current Oklahoma law, possession of any amount can earn one up to a year in jail for a first offense and from two to 10 years for a second offense. Marijuana sales -- of any amount -- can earn a sentence of up to life in prison.

The state's largest cities were the most in favor of fixing the state's pot laws. In metro Oklahoma City and Tulsa, support for medical marijuana was higher than 75%, and support for decriminalization was at 67% in Tulsa and at 63% in Oklahoma City.

Even Oklahoma's notoriously conservative Republicans are ready for change. Support for decriminalization came from 53% of Republicans interviewed, lower than the 60% of Democrats and 65% of independents, but still a majority.

"I do hope that the polling results will help legislators feel more comfortable supporting marijuana reform," Oklahoma NORML leader Norma Sapp told the Oklahoma Observer. "I always encourage people to contact the legislators. I think a state wide lobby day will be called when the need comes."

Senator Constance Johnston (D-Oklahoma City), who has filed medical marijuana bills for several years now without managing to get a hearing, told the Observer the poll echoed what she had been hearing from constituents.

"I like the results. This is very telling. It confirms what we're being told across the state," Johnston said, adding that they could help ease legislators' worried minds. "The results make you wonder what these elected officials are afraid of," she said.

Oklahoma City, OK
United States

Majority Supports Marijuana Reform in Michigan

A poll released Friday finds a majority of Michiganders in favor of reforming the state's marijuana laws, and nearly half in favor of legalizing and regulating the herb. The poll, conducted by pollsters Epic-MRA for Michigan NORML, comes as the state's activists attempt to lay the groundwork for moving a decriminalization bill in the legislature or a possible legalization initiative.

Crosstabs for the poll are not yet available. Epic-MRA told the Chronicle Monday that while Michigan NORML had made some poll results available to the media, it had not yet given the pollster permission to post full results. The poll surveyed 600 likely voters last week and has a margin of error of +/- 4%.

The poll found near majority support (47%) for legalizing marijuana by taxing and regulating it like alcohol, with another 16% saying the favored decriminalization and 4% saying they wanted all criminal penalties for marijuana offenses repealed. Taken together, that's more than two-thirds (67%) of Michiganders in favor of relaxing the pot laws. Only one out of four respondents (26%) favored the pot prohibition status quo.

The results show a continuing shift in public sentiment toward legalizing the drug, said Bernie Porn, president of Epic-MRA.

"I think that people are changing their opinions about marijuana," Porn said. "There is a receptivity to legalization and the realization that you don't need to have law enforcement spending the kind of time that they devote to the crimes that people are convicted of because of current marijuana laws," he said.

Neil Yashinsky, executive director of Michigan NORML's Oakland County chapter, told the Detroit Free Press he was encouraged by the survey results.

"Eventually, the politicians will catch up with the people. They will reflect the values of their constituents" and pass a decriminalization effort, he said.

If they don't, there is always the initiative process. Voters in Detroit, Grand Rapids, Flint, and Ypsilanti last November approved decriminalization or deprioritization initiatives. Similar local initiatives will be on the ballot this year in Ferndale and Lansing.

MI
United States

Louisianians Favor Marijuana Legalization, Poll Finds

A poll released Thursday by the American Civil Liberties Union of Louisiana found a slim majority favoring marijuana legalization. The Public Policy Polling survey had support for taxed and regulated marijuana legalization at 53% and support for medical marijuana at 65%.

The poll also found little support for the state's current harsh marijuana laws, some of the most draconian in the nation. Under current Louisiana law, someone convicted of a marijuana offense can be sentenced to life without parole if he has a prior felony and prison terms can be up to 20 years for repeat marijuana possession offenders.

But only 22% of respondents favored life without parole for felons busted for pot, and only 32% favored the long prison sentences for simple possession, even for repeat offenders. Yet oddly enough, only 47% supported making a six month jail sentence and a fine the maximum sentence for repeat possession offenders.

"People understand that criminalizing marijuana has wasted public funds, has not made anyone safer, and that marijuana is not the danger it was thought to be," said Marjorie Esman, executive director of the ACLU of Louisiana. "Despite last session's failure to pass a bill to reform marijuana sentencing (House Bill 103), marijuana law reform is coming to Louisiana. Voters in this state are in agreement with the rest of America that marijuana should be taxed and regulated," Esman said.

HB 103 would have reduced sentences for simple marijuana possession from 20 years in prison to two years for a third offense conviction, and no more than five years for a subsequent offense. It was watered down in the House before going to the Senate, where it was killed.

"This new poll also shows that a majority of Louisiana voters think it's time to change the state's outdated and overly harsh marijuana sentencing laws," said Esman. "The ACLU stands with the 59% of Louisianans who oppose long prison sentences, and 64% who oppose a sentence of life without parole for a marijuana offense."

LA
United States

Sen. McCain: "Maybe We Should Legalize" Marijuana

At a town hall meeting in Tucson Thursday, Sen. John McCain (R) signaled that he could be receptive to legalizing marijuana. His comments came just a week after the Obama administration said it would not interfere with taxed and regulated marijuana distribution in Colorado and Washington, whose voters legalized it last November.

"Maybe we should legalize," McCain said, according to a tweet from Arizona Star columnist Tim Steller. "We're certainly moving that way as far as marijuana is concerned. I respect the will of the people."

The will of the people in Arizona certainly appears to be in favor of marijuana law reform. A May Behavior Research Center poll found that 56% favored legalization "of small amounts for personal use," with only 37% opposed. While strong majorities of independents (72%) and Democrats (61%) favored decriminalization, so did a sizeable minority (41%) of McCain's fellow Republicans.

That same poll also showed majority support for gay marriage, leading the Behavior Research Center to comment on the vagaries of shifting public opinion.

"It is perhaps ironic that as support for same-sex marriage and defelonization of marijuana have long been albatrosses which conservative candidates could hang around the necks of some of their moderate or liberal challengers, it now appears that hard opposition to gay marriage and perhaps even to marijuana liberalization could become issues moderates and liberals can use against their conservative opponents," the polling firm said.

And plans are afoot to put the issue before voters next year. Activists organized as Safer Arizona in June filed a constitutional amendment initiative with the secretary of state's office. Signature-gathering is underway, and organizers must come up with 259,213 valid voter signatures by July 3, 2014 to qualify for the November 2014 ballot.

A smart politician who wants to get reelected listens to the will of the people. Whatever one thinks of John McCain's views on various issues, the senator is no dummy.

Tucson, AZ
United States

Legalize/Decriminalize Marijuana, Canadians Say

The Canadian public strongly supports reforming the country's marijuana laws, according to a new Forum Research poll. The survey found that 69% either want to see marijuana legalized, taxed, and regulated or see the possession of small amounts decriminalized.

The poll comes just weeks after Liberal Party leader Justin Trudeau called for legalization, bringing new life to the long-running debate on pot policy north of the border. It also comes just a week after Canadian police chiefs called for decriminalization, although they didn't want to use that word, instead preferring to say they wanted a "ticketing option."

Support for legalization was slightly higher (36%) than for decriminalization (34%), but the combined support for pot law reform was far ahead of support for the status quo (15%) or increasing marijuana penalties (13%). Only 3% were undecided.

Among political parties, support was strongest among self-described Liberals (76%), followed by New Democrats (72%), and even 61% of Conservatives. The Conservative government of Prime Minister Steven Harper has positioned itself as the party of cracking down on marijuana, but the ministers might want to check in with their base.

The poll also asked respondents whether Trudeau's recent admission that he had smoked pot while a Member of Parliament would affect their vote. Nearly two-thirds (63%) said it did not matter, while one in five (21%) said they would be less likely to vote for him. Conversely, 14% said they would be more likely to vote for him.

"Justin Trudeau is ahead of the zeitgeist on this issue, and the government's disapproval of his position is a strength he can play to in the coming months. Decriminalization or legalization has majority support right across the country, even among Conservative voters, and there appears to be little downside to this issue for him," said Forum Research President Dr. Lorne Bozinoff.

Canada

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