Washington Initiative 502

RSS Feed for this category

TONIGHT: StoptheDrugWar.org Marijuana Legalization Initiatives Teleconference

[Please join us tonight! Updated agenda below]

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
  • Steve Fox, Marijuana Policy Project (coordinating Colorado efforts)
  • Tony Ryan, Law Enforcement Against Prohibition

Moderated by David Borden, executive director of StoptheDrugWar.org, and joined by Drug War Chronicle writer/editor Phillip S. Smith.

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.

Washington Marijuana Legalization Measure In Strong Position [FEATURE]

 

A little more than a month out from Election Day, Washington state's I-502 marijuana legalization, regulation, and taxation initiative looks to be well-positioned yet to actually win at the ballot box, with powerful supporters, lots of money, and a healthy lead in the polls. But it's not a done deal yet.

Sponsored by New Approach Washington, I-502 would legalize the possession of up to an ounce of marijuana by adults 21 and over, but not allow them to grow their own. Instead, it would create a scheme of licensed, taxed, and regulated commercial marijuana cultivation, processing, and retail sales under the eye of the state liquor control board. Medical marijuana patients are exempted from its provisions.

I-502 polled at 57% support two weeks ago, up three points from a June poll. Meanwhile, opposition to the initiative is declining in those polls, from 37% in June to 34% this month.

The good numbers are due at least in part to the powerful list of endorsements, which include not only the usual drug reform suspects, but also labor, civil rights, and children's and retiree's groups, the state Democratic and Green parties, an increasing list of the state's most-read newspapers, including the Seattle Times and the Olympian, both of which endorsed the initiative within the last week. Also on board are figures are mainstream criminal justice figures like Seattle City Attorney Pete Holmes and former US Attorney for the Western District of Washington John McKay, the man who prosecuted Canadian "Prince of Pot" Marc Emery (who also endorses the initiative).

Money helps, too, and I-502 has it. The campaign has raised over $3 million so far, including $715,000 from the Drug Policy Action Network, the lobbying and campaign arm of the Drug Policy Alliance, $821,000 from Progressive Insurance founder and drug reform Daddy Warbucks Peter Lewis, and $450,000 from Seattle-based travel writer Rick Steves. That means that although it has already spent $1 million on early ad buys, it still has $2 million in the bank, and it's still fundraising.

The initiative has drawn some criticism internally within the drug reform movement, including some outright opposition, mainly for a drugged driving provision. Under I-502's language, drivers caught driving with more than 5 nanograms of the longer-acting THC metabolites in their blood can be convicted, per se, of Driving Under the Influence of Drugs (DUID). Supporters point out that the initiative excludes the long-acting THC-COOH metabolite from the reach of the DUID provision, and that police are prohibited from ordering blood tests unless there is probable cause to suspect that a driver is impaired. They also argue that language addressing driving is necessary to make the initiative palatable to those voters in the state whose summers don't revolve around Hempfest.

New Approach Washington is being cautious.

"You know it's going to be close, very close, everything seems to be going well, but we're still six weeks out," said campaign director Allison Holcomb, counseling against complacency.

"We definitely will have money to do some paid media advertising, but fundraising will go on until the last moment," said Holcomb. "We've raised $2 million from big donors, but also lots with local support. People with no connection to drug policy or marijuana policy are stepping forward. They get that we're not promoting marijuana use, but better marijuana laws. It's all starting to click."

Aside from the intramural criticisms, Holcomb said there is little organized opposition.

"There are about a half dozen law enforcement and treatment and prevention folks who make the rounds and debate with us, but in terms of organizations launching a campaign against the initiative, we're really not seeing that," she said. "We view that as a testament to the drafting and endorsements we're picking up."

And while the intra-movement opposition is loud and boisterous, there may be less to it than meets the eye, said Holcomb.

"It doesn't seem to be that much of a problem," she said, although she acknowledged it had been "upsetting" on a personal level. "When we are at events like Hempfest or the High Times Cannabis Cup and have our table, people come up and express their concerns and ask questions. There is a lot of confusion within the grassroots, but we can clear up that confusion. A lot of the concern is built around fear of the unknown, too, but if you can get off the Internet and off Facebook, you can talk to people and address their concerns."

Two of the most prominent movement opponents of the initiative told the Chronicle it was hopelessly flawed, but the campaign and a raft of national drug reform groups begged to differ.

"This isn't legalization -- in order to legalize you have to remove all the criminal penalties, but this actually adds them in the form of DUIDs," said Steve Sarich, a medical marijuana businessman and advocate who spokesman for Vote No on I-502, a movement group opposing the initiative.

One of the loudest opponents of the initiative, Seattle defense attorney and Sensible Washington co-founder Douglass Hiatt. Sensible Washington twice tried to get a more sweeping legalization initiative on the ballot, but came up short. It is already planning another try for next year. "It doesn't legalize hemp or marijuana, but instead creates a narrow exception for possession of up to an ounce by adults over 21," Hiatt claimed.

Sarich's and others' fears notwithstanding, the experience of other states that have adopted per se DUID laws does not suggest a massive wave of arrests as a result. A chart compiled by NORML looks at what has happened in 14 states that have adopted such laws, some of them "zero tolerance," some of them with specified per se levels. No data was available for four states, DUIDs declined in five of them and increased in five others. In most cases, the percentage increase was under 10%. The number of marijuana DUIDs is smaller than the actual DUID numbers by some unknown percentage because the states do not differentiate between marijuana and other drug DUIDs.

National groups such as NORML, the Marijuana Policy Project, and Law Enforcement Against Prohibition told the Chronicle the initiative represents the best chance of winning a legalization vote and they are standing strong behind it despite concerns about some of the provisions. The Drug Policy Alliance, for its part, has put its political action committee's money where its mouth is.

"We support I-502 and hope it passes," said MPP spokesman Morgan Fox. "MPP generally will stand behind any initiative that results in fewer arrests, and I-502 will mean roughly 13,000 fewer arrests for adult possession. Passage of this initiative will also be a tremendous step forward in marijuana policy reform nationally and will help to show the federal government that prohibition is no longer what the public wants."

MPP is not putting money into the campaign, but is supporting it logistically and through getting the word out to its members, Fox said. Like many other supporters, it is endorsing I-502 despite reservations about the DUID limits.

"While per se DUID limits are not supported by our current scientific knowledge and MPP would prefer not to see them included in I-502, it is necessary to include some sort of provision to address impaired driving," Fox said. "It is more than likely that the negative effects of this particularly law will be far less severe than some may fear."

"We prefer proposals that include the right to grow your own and we certainly oppose per se DUID standards, but if you're asking whether we would support an initiative that has made the ballot, those flaws become insignificant compared to the benefits for all of us should this pass," echoed NORML founder Keith Stroup. "The NORML board of directors unanimously supported this."

"We can't win just with the support of the stoners," Stroup continued. "If you had listened to the Hempfest debates, you would have been convinced the community was divided, but to win, we have to have a majority of voters, not a majority of Hempfest attendees. The campaign did extensive polling and found that if they included personal cultivation and no DUID, they couldn't win," the silver-haired reform veteran argued.

"All the surveys show you aren't likely to win the non-pot smokers unless you can satisfy them that we are not unleashing a significant number of impaired drivers on them," Stroup noted. "That may not be a rational fear, but as we saw in the Proposition 19 exit polling, one of the main reasons people opposed was the concern about impaired drivers. Of course, that presumes stoners wouldn't drive if this didn't pass, but millions are driving every day and most have no problems."

"Look," said Stroup, "I admire this campaign. They have succeeded in getting the most establishment support for any legalization proposal ever. You have the individual who was responsible for prosecuting marijuana cases in Seattle sponsoring this initiative. The reason they are able to get establishment support is that they took establishment positions. Despite the provisions we don't really like, we totally support I-502, just like we support the initiatives in Colorado and Oregon."

The issue of impaired driving is going to continue to plague legalization efforts, Stroup said, and the movement has to figure out a response.

"One way or another, we'll be dealing with DUID provisions in any legalization proposal coming down the road," he said. "We're going to have to accept some DUID provisions, but hopefully we convince people that per se is not necessary."

"Flawed as it is, I-502 represents that best chance we've seen in this country to legalize, tax, and control marijuana," said former Seattle police chief and Law Enforcement Against Prohibition member Norm Stamper. "That per se DUID provision is causing a whole lot of us some heartburn, but on the other hand, this initiative gives us the best chance to really test the federal government's clout. If it passes, it's on a collision course with the feds, and we need to pass this in a very strategic and powerful way to make them blink.

"There is no such thing as a perfect initiative," Stamper continued, but this one has a whole lot going for it. I'm campaigning for it, I'm voting for it, and I encourage everyone to do the same." Stamper also predicts "an early test case" on the DUID provision. "[U]nlike the 0.008% blood alcohol content level, the per se DUID is not established science," he said.

Stamper and other LEAP members have been hitting the hustings in support of I-502, bringing the powerful message of law enforcement support for reform to audiences across the state. "People are very impressed with LEAP," said Stamper. "There probably isn't a LEAP speaker who hasn't heard 'coming from you guys, we have to listen.' That's not so much a function of our elegance as speakers, but of the fact that we were on the front lines of the drug war for so many years, and some of us still are."

In Washington state, this movement argument over per se DUID may cost some purist pot votes on election day, but having that language in the initiative could also be the key to bringing enough worried soccer moms over to make it a winning issue. As Stroup noted, this is an issue that the movement will have to continue to confront, but it may be better to confront it from a position where the voters have already said "legalize it."

WA
United States

Initiative Watch

We're a little more than a month from election day. Here's what's going on with the state-level initiatives.

California

Last Thursday, LA County DA candidates gave differing views on Proposition 36 during what is likely the final debate of their campaigns. Deputy District Attorney Alan Jackson opposes the measure, which would modify the state's draconian three-strikes law, while Chief Deputy District Attorney Jackie Lacey supports it.

Colorado

Last Friday, the Amendment 64 campaign demanded an apology from opponents for smearing a retired veteran Denver police officer as a "rent a cop." The description came from Roger Sherman, head of the No on 64 campaign, and was in response to a series of endorsements of Amendment 64 by law enforcement personnel and organizations. It was aimed at retired Lt. Tony Ryan, a Denver Police Medal of Honor recipient and Purple Heart holder. Sherman has yet to respond to the invitation to apologize.

Also last Friday, conservative former congressman Tom Tancredo endorsed Amendment 64. He sent a letter to some Republican state lawmakers outlining his support. "I have decided that it presents a responsible, effective and much-needed solution to a misguided policy," he said in the letter. "Eighty years ago, Colorado voters concerned about the health and safety of their families and communities approved a ballot initiative to repeal alcohol prohibition prior to it being done by the federal government. This November, we have the opportunity to end the equally problematic and ineffective policy of marijuana prohibition."

Massachusetts

On Monday, US Senate candidate Elizabeth Warren (D) said she supported medical marijuana. "You know, I held my father's hand while he died of cancer, and it's really painful when you do something like that up close and personal," she said in an interview. "My mother was already gone and I was very very close to my father. And it puts me in a position of saying, if there's something a physician can prescribe that can help someone who is suffering, I'm in favor of that. Now, I want to make sure they've got the right restrictions. It should be like any other prescription drug. That there's careful control over it. But I think it's really hard to watch somebody suffer that you love." That wasn't a direct endorsement of the initiative, Question 3, but pretty darned close.

Montana

A poll released last week showed I-124, the initiative to undo the legislature's gutting of the state's 2004 voter-approved medical marijuana law, at under 50%. That's a good thing, because a "yes" vote endorses the legislative gutting. Only 44% of those polled said they would vote "yes," but with 31% saying they would vote "no," that still leaves a large uncommitted bloc.

Oregon

Last Wednesday, former Oregon Secretary of State Bill Bradley endorsed Measure 80. "Our nation's war on drugs has really been, for decades now, a war on Americans of color and our poorest, most vulnerable citizens, and the ban on agricultural hemp has been the collateral damage" said Bradbury. "I urge my fellow Oregonians to vote yes on Measure 80, which is an historic opportunity to show our fellow Americans a way to end the failed drug war, begin a new, sensible approach to marijuana, and restore hemp to our farmers and hi-tech entrepreneurs for biofuel, textiles, and advanced manufacturing."

Washington

See our feature article this week on the state of play for Washington's I-502 initiative here.

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.

Washington Marijuana Legalization Measure Polling Strong

A solid majority of Washington voters approve of Initiative 502, the marijuana legalization measure sponsored by New Approach Washington, according to a SurveyUSA poll released this week. The poll had support for the initiative at 57%, with 34% opposed.

The initiative would legalize and regulate the cultivation, distribution, and possession of marijuana by adults 21 and over. Similar measures are on the ballot in Colorado and Oregon.

The level of support for the initiative is higher than a Public Policy Polling survey in June, which had support at 54% and opposition at 37%.

Campaign organizers can take some comfort in the numbers, which show an absolute majority in favor of the initiative. It's one thing to be leading in a poll, but unable to crack the 50% mark; it's another to go comfortably over 50%. If the campaign can keep its numbers from slipping in the final weeks, it appears poised for victory.

The poll's cross-tabs show almost identical levels of support among men (58%) and women (57%), while every age group except the 65-and-older (45%) also shows majority support. The initiative polled strongly with whites (60%), but not so much with Hispanics (47%) or Asians (42%). Whites make up 80% of the Washington electorate.

Democrats (70%) and independents (62%) strongly support the measure, while only one-third (33%) of Republicans do. Similarly, the measure wins majority support among liberals (76%) moderates (63%), and Tea Party members (!) (54%), but not among conservatives (33%).

SurveyUSA contacted 700 Washington residents last week and identified 524 of them as likely voters. The poll was conducted by telephone, using both cell phones and land lines.

Just a little more than a month and a half from election day, Initiative 502 is sitting pretty. It also has a lot of money in the bank and little sign of organized opposition. It could happen this year in Washington state.

WA
United States

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.

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.

Medical Marijuana Update

The feds strike again in California, this time in Orange County, and meanwhile, the battle over the LA dispensary ban heats up. There's plenty more news, too. Let's get to it:

California

Since mid-August, signature gatherers have been hitting the streets in Los Angeles in an effort to collect 27,400 voter signatures to put on the ballot a referendum to repeal the recent ban on dispensaries. They have about 10 more days to go, and if they succeed, the referendum would go before voters in March. The more immediate effect would be a temporary suspension of the ordinance. Dispensaries in the city have until September 6 until they are supposed to shut down.

Last Wednesday, San Francisco Mission District property owners asked the feds to shut down a dispensary that hasn't even opened yet. Those owners of "white linen" restaurants and family-oriented businesses have asked the Justice Department to close down the Morado Collective, even though the Planning Commission approved the dispensary's permit at a hearing the same day. The Mission Miracle Mile Business Improvement District had its president, local realtor James Nunemacher, write a letter to US Attorney Melinda Haag urging her to shut it down because it "is incompatible with the family shopping that predominates the immediate area in the daytime and the dining/entertainment venues that are active in the evening." The gentrifiers have spoken.

Last Thursday, patients and supporters filed a lawsuit seeking to overturn the LA ban. The Patient Care Association and 11 individual patients are seeking an injunction to block the city from implementing the ban. They argue that California law preempts the city's ban, that it violates dispensary owners' rights to due process, and that it violates their right to freely assemble and associate to cultivate medical marijuana.

Also last Thursday, Butte County staff released a draft of the proposed new medical marijuana cultivation ordinance. It would ban outdoor cultivation and set limits on the amounts that could be grown indoors based on the size of the parcel. On lots of an acre or less, the grow area could not exceed 50 square-feet. On lots one to five acres, the allowable grow area is 150 square-feet. There is no size limit on lots five acres or larger, but a maximum of 99 plants could be grown. The ordinance includes limits on how powerful indoor grow lights can be and requires a ventilation and filtering system that doesn't allow the smell of the pot outside the building. It also bans growing within 1,000 feet of schools, churches, parks, child care centers, and other youth-oriented facilities.

Last Friday, a Lake County judge granted a preliminary injunction barring enforcement of the county's recently adopted interim cultivation ordinance. The injunction is good until January 1. It allows all qualified people and collectives growing marijuana in conformity with state law at the time the county adopted its interim medical marijuana cultivation ordinance. Four people sued the county after the Board of Supervisors adopted the ordinance on July 9. It limited the number of marijuana plants allowed for outdoor cultivation and banned commercial growing as well as growing on vacant lands. On Tuesday, the Board of Supervisors voted to extend the interim ordinance for another 45 days anyway.

On Tuesday, federal prosecutors targeted more than 60 dispensaries in Orange County for closure by filing three asset forfeiture lawsuits and sending threat letters to the dispensaries. That brings the number of dispensaries targeted for closure in the Central District of California to more than 300. In all, 66 warning letters were sent to marijuana dispensaries in Anaheim and La Habra. Some have closed recently, but federal authorities said 38 remain open. As part of the offensive, DEA agents raided two Anaheim dispensaries.

Colorado

Last Friday, a state court held that federal law trumps the state's medical marijuana law. The ruling came in a case pitting a grower against a dispensary. The grower sought payment for marijuana that had already been delivered, but Arapahoe County District Judge Charles Pratt ruled for the dispensary. In his opinion, he held that since all marijuana sales are illegal under federal law, the contract between the grower and the dispensary was null and void. Later in the same ruling, Pratt wrote that "any state authorization to engage in the manufacture, distribution or possession of marijuana creates an obstacle to full execution of federal law. Therefore, Colorado's marijuana laws are preempted by federal marijuana law." Because the ruling is by a district court judge, it is not binding, but it has the medical marijuana community concerned.

On Monday, the Denver City Council approved a ban on all outdoor advertising for dispensaries. The vote came after a public hearing last week where medical marijuana advocates were split over the issue and council members voiced strong support for it. The council killed an alternate, more limited plan that would have blocked outdoor ads within 1,000 feet of schools, day care facilities, and parks. Dispensaries can still advertise on their buildings and can still place ads in newspapers, magazines, or online, and they can display their logos at charity events they sponsor. The city had been inundated with dispensary flyers and young men twirling large cardboard arrows advertising "Eighths for $25" and the like.

Maine

Last Monday, state officials held a public hearing on proposed new cultivation rules. The rules will impose restrictions on where and under what conditions patients or caregivers can grow their own medicine. Patients, dispensary operators, growers, and advocates objected to various portions of the proposed rules. The last day for public comment was Wednesday.

Michigan

Last Thursday, the agency overseeing the state's medical marijuana program said it could be up and running by this fall. The Michigan Department of Licensing and Regulatory Affairs said its review panel for adding new qualifying medical conditions is just about set, but patient advocates are skeptical, saying the agency is at least two years behind on making recommendations on requests to add new conditions.

Washington

Last Friday, the state Department of Revenue began doing audits of dispensaries, escalating a battle over whether they should be collecting tax revenues for the state. The department has told dispensaries since 2010 that they must remit sale taxes on their transactions, and 50 dispensaries have registered with the department to do so. But the department believes there are other dispensaries out there that haven't registered, and now it's going after them. Some dispensary operators and defense attorneys argue that by paying state taxes, dispensaries are incriminating themselves in the federal crime of marijuana sales.

Over the weekend, medical marijuana advocates may have skirted state election laws at Hempfest by handing out fliers against the I-502 legalization initiative. Dozens of medical marijuana businesses used Hempfest to lobby against I-502, but one of them may have violated election laws by handing out anti-I-502 posters that failed to say who had paid for them.

On Tuesday, the owners of two dispensaries pleaded guilty to federal marijuana trafficking charges. Brionne Keith Corbray, owner and operator of three GAME Collectives in White Center, Northeast Seattle, and West Seattle, copped to conspiracy to distribute marijuana. Craig Dieffenbach and Jing Jing Mu, owners of the Seattle Cannabis Cooperative, copped to conspiracy to distribute and money-laundering charges. All admitted in their plea agreements to selling marijuana to people who were not patients. Conspiracy to distribute marijuana is punishable by up to 40 years in prison and a $250,000 fine. Conspiracy to launder money is punishable by up to 20 years in prison.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School