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A Rising Marijuana Reform Tide at the Statehouses [FEATURE]

In the wake of the marijuana legalization victories in Colorado and Washington last November, and buoyed by a series of national public opinion polls showing support for pot legalization going over the tipping point, marijuana reform legislation is being introduced at state houses across the land at levels never seen before.

Oregon is one of the more promising states for marijuana legalization legislation. (Oregon State Capitol photo via oregon.gov)
While the mere fact that a bill has been introduced is no guarantee it's going to pass, that such bills are being introduced in record numbers speaks to how far the marijuana reform movement has come. According to a legislative activity web page maintained by the Marijuana Policy Project, decriminalization bills have been introduced in 10 states and the dependency of the Northern Mariana Islands this year, while outright legalization bills have been introduced in 11 states and the dependency of Puerto Rico.

(This article does not review current medical marijuana legislation, which will be the subject of an additional report. In the meanwhile, our Medical Marijuana Update each week provides extensive info on legislation and other developments in the issue.)

Some of the legalization and decrim bills are dead already (see below), but others remain alive. While passage of a legalization bill this year remains a long shot, decriminalization bills in some states may fare better.

NORML founder, erstwhile executive director and current legal counsel Keith Stroup has been fighting for marijuana law reform for more than 40 years. It's never looked better, he said.

"I wasn't sure I'd live long enough to see this happening, even though the demographics are on our side," he said. "A lot of these legislatures, though, are still playing around with medical marijuana, when the truth is voters are ready to go much further, probably for decriminalization and maybe for legalization. But after we won Colorado and Washington, you can see the increased confidence a number of legislators have demonstrated, and there's only going to be more of that."

Karen O'Keefe is director of state policies for MPP. She hasn't been at it as long as Stroup, but she has a solid decade of reform efforts under her belt, and she, too, said things were definitely looking up.

"When I first started at MPP, I don't think a single state had a tax and regulate bill, and now we have 11 states, and probably Ohio coming on board, too, with tax and regulate. People are realizing it's a serious issue with majority support, and legislatures are starting to catch up," said O'Keefe.

"We first saw majority support in the Gallup poll a couple of years ago, but there wasn't nearly as much activity as this year," she said. "Having two states approve marijuana legalization with solid majorities made it seem real. Colorado and Washington were initiative states, and the first medical marijuana states were initiative states, too. Once the people have led the way, legislators begin to realize it's a popular issue that makes sense and they start to act on it."

Here's what's going on in the state legislatures (excerpted with edits from the aforementioned MPP web page), with further discussion following:

Marijuana Legalization Bills

Alabama -- House Bill 550, sponsored by Rep. Patricia Todd, would allow adults 21 and older to possess or grow limited amounts of marijuana. It would also allow a regulated and taxed marijuana industry, in addition to setting up a medical marijuana program. The bill was referred to the House Public Safety and Homeland Security Committee.

Hawaii -- Speaker Joe Souki introduced House Bill 150 and House Bill 699, which would have allowed the taxed and regulated sale of marijuana to adults 21 and older. Both bills would also have allowed adults to cultivate marijuana in a locked, secure facility. On February 12, the House Judiciary Committee deferred action on HB 699, killing the bill for the year. Because of legislative deadlines, the other tax-and-regulate bill also will not be able to advance in 2013, which is the first year of Hawaii's biennial legislative session.

Maine -- Rep. Diane Russell’s LD 1229 would allow adults 21 and older to possess and cultivate limited amounts of marijuana. It would also set up a system to license and regulate growers, infused product makers, retail stores, and labs. LD 1229 would impose a $50 per ounce tax on marijuana at the wholesale level. It was referred to the Committee on Criminal Justice and Public Safety on March 26.

Maryland -- House Bill 1453, sponsored by Del. Curt Anderson, would have provided for a taxed and regulated marijuana industry. It would have also allowed adults 21 years of age and older to possess and cultivate limited amounts of marijuana. HB 1453 was referred to the House Judiciary Committee, which heard testimony on the bill on March 19. The bill did not advance out of committee before the deadline to pass the House.

Massachusetts -- Rep. Ellen Story has sponsored House Bill 1632, which would allow adults 21 and older to possess and cultivate marijuana. It would allow a regulated, taxed marijuana industry once it is legal under federal law. HB 1632 was referred to the Joint Committee on Judiciary.

Nevada -- Assembly Bill 402, sponsored by Assemblyman Joe Hogan, would allow adults 21 and older to possess and cultivate limited amounts of marijuana. It would also create a taxed and regulated legal marijuana industry. AB 402 was referred to the Committee on Judiciary, but it did not advance before the deadline.

New Hampshire -- Rep. Steve Vaillancourt proposed House Bill 492, which would tax and regulate marijuana for adults’ use. It would also allow adults 21 and older to cultivate up to six plants. The Criminal Justice and Public Safety Committee retained HB 492, meaning it will study the issue this fall. In addition, Rep. Mark Warden introduced House Bill 337, which would have made marijuana legal without imposing regulations. HB 337 received 112 votes on March 13, including from 52 Republicans, but 239 representatives voted against the bill, so it is dead for the year.

New Mexico -- Sen. Gerald Ortiz y Pino introduced Senate Joint Memorial 31, which would have directed the state's Economic Development Department to study the budgetary implications of a legal marijuana industry. The legislative session ended without SJM 31 receiving a floor vote.

Oregon -- The House Committee on Revenue introduced House Bill 3371, which would allow persons 21 and older to grow and possess marijuana. It would also set up a system of taxation and regulation for the commercial production and sale of marijuana, similar to alcohol. The bill was referred to the House Committee on Judiciary, which approved the bill on April 2. The bill is now pending in the House Committee on Revenue.

Pennsylvania -- Senate Bill 528, sponsored by Sen. Daylin Leach, would regulate marijuana similarly to alcohol. It would allow adults 21 years of age or older to purchase, cultivate, and possess limited amounts of marijuana. On April 3, the bill was referred to the Senate Law and Justice Committee.

Puerto Rico -- Sen. Miguel Pereira has introduced a bill, Senate Bill 517, which would make it legal for adults 21 and older to possess marijuana but would not provide for regulated distribution or cultivation.

Rhode Island -- On February 6, Rep. Edith Ajello introduced House Bill 5274, the Marijuana Regulation, Control, and Taxation Act, which was referred to the House Judiciary Committee. The bill would tax and regulate marijuana sales for adults' use and would allow adults to cultivate up to three mature marijuana plants. Sen. Donna Nesselbush sponsors the Senate companion bill, Senate Bill 334. The bills are pending in the House and Senate judiciary committees.

Vermont --  Rep. Susan Davis’ House Bill 499 would have allowed adults 21 and older to possess up to two ounces of marijuana and to grow up to three plants. It would have required the Department of Liquor Control to regulate marijuana wholesalers, retailers, and labs and impose a $50 per ounce tax at the wholesale level. The bill did not advance before the crossover deadline. In addition, Sen. Jeanette White's Senate Bill 160 would create a Study Committee on the Regulation and Taxation of Marijuana, which would be a legislative committee that would study a process for licensing marijuana businesses along with a taxation and regulatory structure.

Decriminalization Bills (generally speaking, see the notes)

Hawaii --  Sen. Kalani English sponsored Senate Bill 472, which would punish possession of up to an ounce of marijuana with a civil fine, while Sen. Donovan De la Cruz sponsored Senate Bill 739, which would impose a civil fine of up to $100 for no more than an ounce of marijuana. The Senate unanimously approved SB 472 on March 5. Both bills are dead for the year, but they will carry over to the second year of the state's two-year session.

Illinois -- House Bill 2332 would have imposed a civil fine on possession of a tiny amount of marijuana -- 0.1 gram. It did not advance before the deadline.

Indiana -- Senate Bill 580, sponsored by Sen. Karen Tallian, would have made possession of less than two ounces of marijuana a class C infraction punishable by a fine only with no possibility of jail time. The bill, which was referred to the Senate Committee on Corrections and Criminal Law, would also have made other reforms to Indiana's marijuana laws, including allowing hemp. The bill did not advance before the crossover deadline.

Maryland -- Senate Bill 297, sponsored by Sen. Robert Zirkin, would have reduced the maximum penalty for possession up to 10 grams of marijuana to a $100 civil fine. The Senate approved the bill in a 30-16 vote on March 19, but it did not get a vote in the House Judiciary Committee before the legislature adjourned on April 8. Another bill sponsored by Sen. Zirkin -- Senate Bill 394 -- would have made the maximum fine for marijuana possession a $100 civil fine. That bill was withdrawn.

Michigan -- House Bill 4623, sponsored by Rep. Jeff Irwin, would replace possible jail time and criminal penalties with civil fines of $25, $50, or $100, depending on the number of prior convictions the person has for marijuana possession. The bill was introduced on April 24 and was referred to the House Committee on Judiciary.

Missouri -- Rep. Rory Ellinger has introduced House Bill 512, which would reduce the penalty for possession of less than 35 grams of marijuana from up to a year in prison to a fine of no more than $250 and a suspended sentence.

New Mexico -- House Bill 465, sponsored by Rep. Emily Kane, would have reduced the penalty for first offense possession of up to an ounce of marijuana to a $50 civil fine. A second offense would have been a petty misdemeanor carrying a $100 fine. It would have also imposed fines for up to eight ounces of marijuana. The bill passed the House, but the session ended before the Senate could vote on it.

New Hampshire -- Rep. Kyle Tasker proposed House Bill 621, which would impose a fine on simple possession of marijuana. On March 21, the House of Representatives amended the bill to apply only to a quarter of an ounce of marijuana and to impose a fine of up to $200. It then approved the bill in a 214-115 vote, sending it to the Senate. On April 16, the bill received a negative recommendation in the Senate Judiciary Committee.

New Jersey -- Senate Bill 1977, sponsored by Sen. Nicholas Scutari, would impose a $50 fine on up to 50 grams of marijuana (nearly two ounces). Assembly Bill 1465, sponsored by Assemblyman Reed Gusciora, was introduced in 2012 and passed the Assembly. The bill would impose civil fines starting at $150 on possession of up to 15 grams of marijuana. Both bills are pending in the Senate Judiciary Committee.

New York -- Senate Bill 3315 would eliminate the "public use" exception to the state's decriminalization law, a reform supported by Gov. Andrew Cuomo. [Note: Although New York decriminalized in the 1970s, New York City police have continued to arrest tens of thousands of people each year under the "public use" exception.]

North Carolina -- Rep. Rep. Kelly Alexander sponsors House Bill 637, which would downgrade the penalty for possession of a small amount of marijuana from a misdemeanor that does not carry jail time to a civil infraction.  [Note: This is a depenalization, not a decriminalization, bill.]

Northern Mariana Islands -- House Bill 18-42, sponsored by Rep. Christopher Leon Guerrero, would impose a $50 fine on marijuana possession in the U.S. territory.

Texas -- Rep. Harold Dutton, Jr. sponsors House Bill 184, which would make up to one ounce of marijuana a class C misdemeanor, punishable by a $500 fine. It was referred to the House Criminal Jurisprudence Committee, which approved an amended version of the bill on April 23. The bill would now only apply to persons under 21 for their first offense.

Vermont -- Senate Bill 48, sponsored by Sen. Joe Benning, and House Bill 200, sponsored by Rep. Chris Pearson, would impose a civil fine on possession of up to an ounce of marijuana. Under H. 200, a person under 21 who is found in possession of up to an ounce of marijuana would have to undergo substance abuse screening and possible treatment. On April 16, the House of Representatives approved H. 200 in a 92-49 vote, sending the bill to the Senate. Gov. Peter Shumlin has been a strong proponent of replacing criminal penalties with a civil fine.

Denver "420" rally, April 2013 (facebook.com/pages/420-Rally/104447806260934)
As the lists demonstrate, some bills have died already, but others still breathe, and some could even pass this year.

"We're most involved in Vermont, and we're very hopeful the decriminalization bill there will pass before the legislature adjourns," said MPP's O'Keefe. "The bill is in the Senate, and the governor is supportive. That's probably the best chance for removing criminal penalties this year."

Passing a legalization bill could take a little longer, she said.

"Tax and regulate could end up taking a couple of years," said O'Keefe, "but the bills in Maine and Oregon are getting serious consideration, and Rhode Island legislators seem very reasonable. But we don't think it's likely to pass in Rhode Island this year, although we are hopeful in will in the next couple of years be one of the first states to pass it."

That it should take a year or two or three to get marijuana legalization passed in any given state legislature is no surprise, O'Keefe said.

"We've had a lot of bills that got a vote one year, but legislators needed more time to think and be educated," she pointed out. "In Illinois, the House twice voted down medical marijuana before passing it, and in New Hampshire tax and regulate has slowly been gaining more and more support. This isn't something legislators are used to, and in most cases it takes them awhile to get used to it."

For Stroup, using the initiative process in states that allow for it is the best bet, but he cautioned that the movement is going to have to be able to win victories at the statehouse, too.

"Any time we have the choice of going to the people, it's always in our interest to do so," he said. "We know increasingly from the public opinion surveys that if the people decide, we win. Elected officials remain more timid about this than the public -- they're really worried about getting reelected and less worried about reform legislation -- but realistically, we have to be able to win in the states that don't have initiatives."

When it comes to passing bills, though, Stroup drew a parallel with the first burst of decriminalization efforts in the 1970s. Oregon and Maine went for decriminalization early in the decade, but the other handful of states that decriminalized in that era only came in at the end of the decade.

"When we won those first couple of states in the 1970s, we thought we were off and running, but the other states were all waiting to see what would happen, so we didn't win anything for a couple of years," he recalled. "I think we're in the same phase now when it comes to legalization. I have no doubt we will eventually win full legalization everywhere, but for the next couple of years, people in Colorado and Washington are going to have to be especially careful that they are demonstrating responsible use."

Cannabis culture celebrations like 4/20 have their place, said Stroup, but the rest of the time, it should be about responsible use.

"That's not the tactic we need the rest of the year," he said. "We want to demonstrate to the average person that nothing really changes when you legalize marijuana except you quit arresting responsible marijuana smokers and raise some revenue. What we don't want is a bunch of out-of-control pot smokers driving crazy -- that will scare neighboring states and cause a political backlash," the veteran activist warned.

"A backlash because of bad behavior won't stop us -- the demographics are on our side -- but whether it takes five years or 15 depends to some degree on how well we behave ourselves. We may see decriminalization pass somewhere, but I don't think we'll win legalization this year. I think before that passes in state legislatures, those lawmakers need to see that what Colorado and Washington did was a good thing."

The process of turning legalization victories at the voting booth into actual taxed, regulated, and legal commerce in Colorado and Washington is a process in progress in both states right now. By next year, those two states should be living experiments in marijuana legalization. Doing it right there will make it easier to get it done elsewhere. If not this year, next year. Or 2016.

The Rocky Mountain Road to Legal Marijuana Commerce [FEATURE]

https://stopthedrugwar.org/files/rockies.jpg
Rocky Mountain National Park, Colorado
When Colorado voters last November gave the thumbs up to marijuana legalization, the celebrations came quickly, with overjoyed pot smokers triumphantly lighting up, even though the pot laws had yet to officially change. Indeed, in following the will of the voters, Gov. John Hickenlooper (D) within weeks announced that marijuana was no longer illegal in Colorado.

But that was only the beginning. Amendment 64, the marijuana legalization initiative approved by the voters, didn't just legalize marijuana -- it also called on the state to come up with a regulatory regime for legal marijuana commerce. That process is now well underway, with the state legislature currently considering implementation legislation.

The legislature is working on a framework crafted by a Hickenlooper-appointed Amendment 64 Implementation Task Force, which in mid-March released its Final Report with 58 discrete recommendations for the legislature to consider. The highlights included:

  • The adult-use marijuana industry should be required to have common ownership from seed to sale. This vertical integration regulatory model means that cultivation, processing and manufacturing, and retail sales must be under common ownership.
  • During the first year of licensing, only entities with valid medical marijuana licenses should be able to obtain licenses to grow, process and sell adult-use cannabis.
  • A new Marijuana Enforcement Division in the Department of Revenue would be funded by General Fund revenue for the next five years and would provide the necessary regulatory oversight of all marijuana industries in Colorado.
  • Refer a ballot initiative to voters this November for a 15% excise tax, with the first $40 million of excise tax proceeds going to the state’s school construction fund as outlined in Amendment 64, and a "marijuana sales tax" to create funding sources to cover the costs of regulating the industry, implementing consumer safeguards and establishing youth prevention and treatment programs.
  • Only Colorado residents should be allowed to hold licenses to grow, process and sell adult-use cannabis. But sales to both residents and visitors to the state should be permitted, with stricter quantity limits for visitors.
  • All types of marijuana sold from adult use cannabis retail facilities should be in child-proof packaging and have warning labels that detail tetrahydrocannabinol (THC) potency and list all pesticides, herbicides, fungicides and solvents used in cultivation or processing.

Other recommendations included not allowing pot smoking in bars or other facilities impacted by the state's anti-smoking laws, barring "open containers" of marijuana in vehicles, and requiring people with children at home to keep their marijuana gardens secure.

"This is a very comprehensive report, developed in a rapid timeframe, that lays the groundwork for the establishment of a robust regulatory framework, with adequate funding for marijuana industry oversight and enforcement, consumer protection and prevention and treatment programs for young people," said Task Force co-chair and governor's legal counsel Jack Finlaw. "The Task Force recommendations will now need to be perfected through the legislative process and rulemakings by various state agencies."

While there is some quibbling over the various recommendations and some concerns about what the legislature might do, Amendment 64 proponent (and now Marijuana Policy Project communications director) Mason Tvert said things were going pretty much as expected.

"The goal is to establish regulated retail stores that provide marijuana to adults, and we are steadily moving toward that," he said. "There are obviously lots of details to be worked out, and lots of different opinions on those details, but overall, we're moving in the direction of accomplishing our goal. There is debate over vertical integration, whether sales should be restricted to non-residents, the levels of sales tax -- these are all important issues, but overall things are going well, and we're well on our way to having a system of regulated marijuana cultivation and sales in Colorado."

Now, the Task Force recommendations are before a joint legislative committee charged with turning them into regulatory legislation. The committee had hoped to be done by the end of March, but progress has been slow, and the new deadline date is next week. If the committee meets that deadline, that will give the legislature as a whole exactly one month to craft and pass enabling legislation before the session ends.

The politicians are doing what they are supposed to do, said Tvert. There have been no real attempts to sabotage the will of the voters, and legislators are trying with good faith to implement Amendment 64.

"Generally, elected officials have been responsive," he said. "There have been some proposals for restrictions, but overall, they are moving forward to pass this. There is really nothing else they can do. For most Coloradans, this is going exactly as planned. For people in the industry, for advocates, for elected officials, there are lots of details being debated and it can feel like there's a lot of drama, but overall, everything's happening as it's supposed to."

The clock is ticking in Colorado. The voters have already voted to legalize marijuana. Either the legislature passes regulations to implement it -- and quite possibly puts anticipated taxes on the ballot, as required by state law for any new taxes -- and Colorado has legal, taxed and regulated marijuana commerce, or it simply has legal marijuana possession with no taxes and no regulations. The threat of the latter should be enough to ensure the success of the former.

CO
United States

Oregon Marijuana Legalization Bill Filed

A bill that would legalize marijuana possession and create a state-regulated system of legal marijuana commerce was introduced in the Oregon legislature Monday. That makes Oregon the eighth state to either see such a bill this year or have one pending. The others are Hawaii (already dead), Maine, Massachusetts, New Hampshire, Pennsylvania, Rhode Island, and Vermont.

House Bill 3371, also known as the Control, Regulation and Taxation of Cannabis Act was introduced by the House Committee on Revenue. As of Friday, it had yet to be assigned to a committee and was at the Speaker's desk.

The bill would legalize the possession of up to six plants and 24 ounces of marijuana "on the premises" of non-commercial home grows. The bill does not otherwise set possession limits, but leaves them to the Oregon Health Authority to regulate.

The bill would also direct various state agencies to regulate, control, and tax marijuana commerce, with the tax set at $35 an ounce. Marijuana commerce would include "edibles." The bill would also legalize industrial hemp.

Last year, a marijuana legalization initiative, Measure 80, was defeated at the polls, gaining 46.3% of the popular vote. Oregon activists are currently debating whether to move forward with another initiative in 2014 or wait for the next presidential election in 2016. [Ed: Presidential years are considered more favorable with respect to the type of voter turnout.] But Oregonians need not have to wait even until 2014, if the legislature acts on HB 3371.

Salem, OR
United States

Federal Marijuana Reform Bills Introduced [FEATURE]

Two Democratic congressmen announced Tuesday that they are introducing legislation to reform federal marijuana policy. In a joint press conference that also included representatives of drug reform groups, Reps. Earl Blumenauer (D-OR) and Jared Polis (D-CO) announced two separate bills aimed at addressing the looming clash between intransigent federal marijuana policies and states that have or likely will legalize marijuana. And more bills are pending, they said.

https://stopthedrugwar.org/files/blumenauer-polis-275px.jpg
Earl Blumenauer and Jared Polis
Blumenauer and Polis also released a report entitled "The Path Forward: Rethinking Federal Marijuana Policy," which outlines their perspective on marijuana policy and provides some background on regulation and opportunities for action. The congressmen have also established the Sensible Drug Policy Working Group, which will provide a forum for members of Congress who are working on related issues and hope to advance legislation.

Polis's Ending Federal Marijuana Prohibition Act would remove the DEA's authority over marijuana, end federal marijuana prohibition, and leave it to the states to decide whether to prohibit marijuana or not. Blumenauer's Marijuana Tax Equity Act, House Bill 501, would create a federal excise tax on marijuana similar to those imposed on alcohol and tobacco. Taken together, the two bills would provide for a system of marijuana regulation and taxation in states where it is legal.

More specifically, Polis's bill would:

  • Remove marijuana from the Controlled Substances Act;
  • Transfer the Drug Enforcement Administration’s authority to regulate marijuana to a newly renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms, which will be tasked with regulating marijuana as it currently does alcohol;
  • Require marijuana producers to purchase a permit, as commercial alcohol producers do, of which the proceeds would offset the cost of federal oversight; and
  • Ensure federal law distinguishes between individuals who grow marijuana for personal use and those involved in commercial sale and distribution.

Blumenauer's bill would:

  • Impose a 50% excise tax on the first sale of marijuana, from the producer to the next stage of production, usually the processor;
  • Impose an occupational tax similar to those in the tobacco and alcohol industries on those operating in marijuana, with producers, importers and manufacturers facing an occupation tax of $1,000 per year and any other person engaged in the business facing an annual tax of $500 per year;
  • Impose civil penalties for failure to comply with taxing duties. Criminal penalties will be assessed for intentional efforts to defraud the taxing authorities; and
  • Require the IRS to produce a study of the industry after two years, and every five years after that, and to issue recommendations to Congress to continue improving the administration of the tax.

The time has come for marijuana law reform at the federal level, the two congressmen said.

"There has been an enormous evolution of American opinion on marijuana. Americans are sick and tired of the costs of marijuana prohibition, whether it’s the financial costs or the human costs. Americans are saying enough is enough, let's try a new policy. We need to address drug use as a public health issue, not a criminal justice one," said Polis.

"My bill doesn't affect the legal status of marijuana where it is currently illegal," the Colorado congressman explained, "but it does allow states that have created either a legalized and regulated scheme for sales or that have medical marijuana laws to operate, without the constant fear that the federal government and the DEA and the other agencies will prosecute patients or businesses that are fully legal under state law. This is an idea whose time has come."

"Forty years ago, as a freshman member of the Oregon legislature, I was able to vote to make Oregon the first state to decriminalize the possession of small amounts of marijuana," said Blumenauer. "Since then, 14 states have joined Oregon, and after California legalized medical marijuana in 1996, we now have 19 jurisdictions that have authorized it, and we now have the first two states that have legalized marijuana for recreational use."

The Oregon congressman added that he and Polis are working with a bipartisan group of representatives and that up to eight or 10 marijuana reform bills could be introduced this session.

"We're looking at antiquated and sometimes nonsensical federal laws and policies to try to get us on a path that is less expensive, more productive, more fair, and more in tune with where America is going," Blumenauer said. "We arrested two-thirds of a million people in 2011 for a substance most people think should be legal. The president said he has bigger fish to fry, but there are still people further down the federal food chain frying those fish."

"This is a very exciting day," said Bill Piper, director of national affairs for the Drug Policy Alliance. "Last November, voters in Colorado and Washington made history, and the polling shows that a majority of Americans now support legalizing marijuana. There is no doubt more states will legalize in the years to come. This is the beginning of the end of marijuana prohibition."

"We were a primary backer of Amendment 64 in Colorado, which directed the state to regulate marijuana in a manner similar to alcohol," said Steve Fox, director of government relations for the Marijuana Policy Project. "That's how we believe it should be treated, and we look forward to working with Reps. Polis and Blumenauer to see that this legislation is eventually passed by Congress."

If not this year, then soon, the congressmen said.

"There is growing support for this bill," Polis argued. "There has really been a sea change; we saw test votes in the last Congress for defunding the DEA and other things, and saw very strong support, and that will only increase over time. Congress is frequently a lagging indicator for public opinion; it’s a question of Congress catching up."

"This is the beginning, not the end," said Blumenauer. "My bill is a first step and we anticipate some give and take, but this will be gaining momentum.  We've got legislation here today to get the ball rolling, but there will be more that you will be hearing about in the days ahead."

"It's clear that we've reached a tipping point," said Piper. "Major changes are going to happen and are happening now. The American people are demanding reform, and members of Congress are starting to give it to them."

Washington, DC
United States

Is It Time for Another DC Marijuana Initiative? [FEATURE]

In the wake of the legalization victories in Colorado and Washington last November, and medical marijuana in Massachusetts, activists are talking about where the next marijuana reform campaigns should be waged and what they should attempt to do. One document that has gotten some discussion is from the Marijuana Policy Project (MPP), listing seven states where it would be working to legalize marijuana next. The list includes possible tax and regulate initiatives in Alaska, California, Maine, Massachusetts, Nevada and Oregon.

DC's partial diamond (map from census.gov)
Absent from the list is one jurisdiction that would also appear ripe for a legalization initiative: Washington, DC. The nation's capital has several things going for it.

DC has the initiative process, and activists used it to great effect in passing medical marijuana with 69% of the vote in 1998 (even if, thanks to Congressional action and the glacial pace of the DC government it has taken 15 years to implement it). The District is also overwhelmingly liberal; Obama won with 91% of the vote in November.

Unlike large states like California, the District is small in size and population and would not require a huge expenditure of resources to gather enough signatures to make the ballot. Similarly, it is a relatively small media market, meaning TV advertising would be in reach of all but the most ill-funded campaign.

Last, but not least, it is the nation's capital. A successful initiative in Washington, DC, would reverberate not only around the country, but around the world, particularly an initiative that enacted legalization..

MPP may not have included the District in its "to do" list, but that doesn't mean the organization isn't watching, said the organization's director of governmental relations, Steve Fox.

"[DC] is being discussed," said Fox. "When you look at the places where an initiative would be possible, the District stands out. One reason we didn't mention it is that it’s a jurisdiction where we're not necessarily looking at tax and regulate, but there are options to do less, such as a decriminalization initiative."

The problem of congressional interference is cause for concern, though, Fox said.

"DC certainly is ripe for some kind of reform, but we also have to be cognizant of the fact that it is unique in that it has congressional oversight," Fox said. "With the medical marijuana system finally getting off the ground, we don't necessarily want to ruffle any feathers by attempting to do anything too bold. When the medical marijuana initiative passed in 1998 and Congress wanted to mess with it, they ended up having a provision something along the lines of DC not being able to spend any funds to lower or reduce penalties related to any schedule I or II substances. If Congress thought DC was going too far too fast, it could block DC from spending any money for reforms of Schedule I substances."

Doing DC would be tempting, said Fox, but again worried about moving too fast for Congress.

"There would certainly be value in passing something in the District," he mused. "You would be making a statement that a strongly Democratic-leaning jurisdiction thinks marijuana should be regulated like alcohol, but that might not be big news to a lot of people. The real impact and real value would be to actually have a regulated market in operation, and members of Congress could see that the sky isn't falling. We've waited 15 years to show Congress you can have medical marijuana dispensaries up and running and serving patients and the public good, and we want to make sure Congress has a chance to absorb that reality."

"As a longtime DC resident, I've always thought of the District as low-hanging fruit," said Allen St. Pierre, executive director of NORML, who expressed interest in an initiative. "The media market is limited, and there is an overwhelmingly liberal population. But we don't even have a NORML chapter here, and I see little impetus in the reform community."

But things are happening in the District, according to long-time activist Adam Eidinger, co-owner of the Capitol Hemp Emporium until it was forced to close under law enforcement pressure last year. Eidinger told the Chronicle that both legalization and medical marijuana activists were meeting to plot potential courses of action, including either a legalization initiative or an initiative to expand medical marijuana rights.

"We're thinking 2014," said Eidinger, "but while I think this is a no-brainer, it has to be poll tested. We're not going to go for it if it polls less than 65%. "We will poll medical as well as legalization and see what the difference is. I know some of our friends wouldn't support legalization, but would support a patients' rights initiative that would give them the right to grow limited amounts, more rights to use outside the home, and more flexibility on dispensaries. This isn't California; DC is super strict on medical marijuana, and the patients here are going to be AIDS patients and cancer sufferers."

Test polling will happen soon, he said.

Eidinger, who also runs a media consulting firm, also saw the potential for a media coup. "This is a great place to do it for the public relations value," he said.

MPP's Fox said the group was looking for a few good people.

"As MPP did in Colorado and with medical marijuana in Arkansas, what we look for are committed and competent people on the ground who are able to do this kind of work," Fox said. "We're looking to support good people. I coordinate ballot initiatives, and I'm in DC, and so are other activists. I would be happy to work with local activists to craft something."

"The symbolism alone would probably be worth it," said St. Pierre. "It probably wouldn't cost more than $15,000 or $20,000 to get it done. This is a low cost project with a huge potential upside."

If recent comments from DC elected officials are any indication, further marijuana law reform is only going to come through the initiative process. While one city council candidate, Paul Zuckerberg, is running on a platform that includes decriminalization, the mayor and other top officials have made clear they are not interested in going further.

"I'm not prepared at this stage to support the decriminalization of any drugs at this point," Mayor Vincent Gray said earlier this month. "Look at the most abused substance in our society, and it's probably alcohol. People do abuse, irrespective of whether it's legal or not."

Police Chief Cathy Lanier also expressed unease, although her comments did suggest she drew a line between marijuana and other drugs.

"I know the legalization of marijuana is in large debate around the country, whether it be medical marijuana or just straight-out legalization of marijuana. That's one issue," Lanier said. "But I think when you talk about some of these other drugs that are extremely dangerous -- PCP, for example -- to say that we should decriminalize that and just allow people to have that without any penalty in the community would just be devastating."

With the DC council unlikely to advance reform, that leaves the field open to potential initiative campaigns. The District is most likely ripe for the picking, if anyone decides to go that route.

Washington, DC
United States

Hawaii House Speaker Files Marijuana Legalization Bill

Hawaii House Speaker Joseph Souki (D-8) last Friday introduced a bill to legalize the possession of marijuana by adults and create a system of taxed and regulated legal marijuana commerce. The measure, House Bill 150, would allow people 21 and over to possess up to an ounce and grow an as yet unspecified number of plants in a secure location.

The bill passed its first reading last Friday, but has yet to be sent to a committee. The 2013 legislative session began Tuesday.

"Regulating and taxing marijuana similarly to alcohol takes marijuana sales out of the hands of criminals and puts them behind the counter in legitimate businesses that will generate significant new revenue for Hawaii," said Mason Tvert, director of communications at the Marijuana Policy Project, which is working on passage of the bill. "Law enforcement resources should be focused on preventing and responding to serious crimes rather than enforcing antiquated marijuana prohibition laws."

In addition to allowing adult possession and cultivation, the bill would also authorize the state to license marijuana retail stores, cultivation facilities, product manufacturing facilities, and testing facilities. Public pot smoking, driving under the influence, and use by individuals under the age of 21 would remain illegal.

The bill introduction comes on the heels of the release earlier this month of a QMark Research Poll that showed support for legalization at 57%. That poll was sponsored by the Drug Policy Action Group, a sister group of the Drug Policy Forum of Hawaii, and the ACLU of Hawaii, suggesting that local as well as national reform groups are pushing the bill.

In the wake of the legalization victories in Colorado and Washington last November, at least a half dozen states are expected to entertain legalization bills. Hawaii is first out the gate; the others are Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

Honolulu, HI
United States

Hawaii Poll Shows Majority Supports Marijuana Legalization

A poll released last Thursday shows 57% of Hawaiians favor the idea of taxing and regulating marijuana. That's a startling 20% increase in support in just seven years -- a 2005 poll by the same group asking the same question had only 37% support.

The QMark Research poll was conducted for the Drug Policy Action Group and consisted of telephone interviews with 603 respondents. It has a margin of error of +/- 4.07%.

The poll showed 45% strongly supporting tax and regulate, with another 12% saying they had "somewhat strong support." Only 40% opposed legalization, a figure that has declined by 20 points since the 2005 poll.

The poll also found strong support for decriminalization (58%), for medical marijuana dispensaries (78%), and for the medical marijuana law passed by the legislature in 2000 (81%). The law allows patients to use marijuana, but makes no provision for them to obtain it except by growing it.

The poll numbers were released at a press conference conducted by the Drug Policy Action Group, a sister organization to the Drug Policy Forum of Hawaii, and the ACLU of Hawaii. Also introduced at the press conference was a study (available at the poll link above) by University of Hawaii economist David Nixon on the economic impact of marijuana law enforcement in the state.

Nixon found that Hawaii spends $9 million a year on marijuana law enforcement and foregoes $11 million a year in potential revenues under legalization. He also found that marijuana arrests are increasing in the state, with possession arrests up nearly 50% since 2004 and distribution arrests almost doubling.

"From the survey findings, it's clear that Hawaii voters are open to reconsidering local marijuana laws," said the Action Group's Pam Lichty. "The data in both of these reports will help our communities craft more effective, less costly approaches for the future. The Drug Policy Action Group, the ACLU of Hawaii, and our allies will advocate for the policy reforms that people in Hawaii want."

"In Hawaii as across the nation, arrests for marijuana possession are one of the most common ways that individuals get caught up in the criminal justice system, at great social and economic cost," said Vanessa Chong, executive director of the ACLU of Hawaii. "These studies provide important, updated facts for the Hawaii community as we consider new directions."

Honolulu, HI
United States

Law Enforcement Call on DOJ to Respect State Marijuana Laws [FEATURE]

Tuesday morning, former Baltimore narcotics officer Neill Franklin delivered a letter signed by 73 current and former police officers, judges, prosecutors, and federal agents to Attorney General Eric Holder at the Justice Department in downtown Washington , DC, urging him not to ignore the wishes of voters in Colorado and Washington state who voted to legalize, tax, and regulate marijuana.

LEAP leader Neill Franklin delivers letters to the Justice Department. (leap.cc)
Franklin is the executive director of Law Enforcement Against Prohibition (LEAP), which supported Amendment 64 in Colorado and Initiative 502 in Washington. Both measures won with 55% of the vote in this month's elections.

"As fellow law enforcement and criminal justice professionals we respectfully call upon you to respect and abide by the democratically enacted laws to regulate marijuana in Colorado and Washington," the letter said. "This is not a challenge to you, but an invitation -- an invitation to help return our profession to the principles that made us enter law enforcement in the first place."

The Obama administration's response to the legalization votes could help define its place in the history books, LEAP warned.

"One day the decision you are about to make about whether or not to respect the people's will may well come to be the one for which you are known. The war on marijuana has contributed to tens of thousands of deaths both here and south of the border, it has empowered and expanded criminal networks and it has destroyed the mutual feeling of respect once enjoyed between citizens and police. It has not, however, reduced the supply or the demand of the drug and has only served to further alienate -- through arrest and imprisonment -- those who consume it," the letter said.

"At every crucial moment in history, there comes a time when those who derive their power from the public trust forge a new path by disavowing their expected function in the name of the greater good. This is your moment. As fellow officers who have seen the destruction the war on marijuana has wrought on our communities, on our police forces, on our lives, we hope that you will join us in seeking a better world," the letter concluded.

The LEAP letter is only the latest manifestation of efforts by legalization supporters to persuade the federal government to stand back and not interfere with state-level attempts to craft schemes to tax and regulate marijuana commerce. Members of the Colorado congressional delegation have introduced legislation that would give the states freedom to act, while other members of Congress, notably Reps. Barney Frank (D-MA) and Ron Paul (R-TX), have called on the Obama administration to "respect the wishes of voters in Colorado and Washington." Frank and Paul are cosponsors of a pending federal legalization bill.

"We have sponsored legislation at the federal level to remove criminal penalties for the use of marijuana because of our belief in individual freedom," Frank and Paul wrote in a letter to President Obama last week. "We recognize that this has not yet become national policy, but we believe there are many strong reasons for your administration to allow the states of Colorado and Washington to set the policies they believe appropriate in this regard, without the federal government overriding the choices made by the voters of these states."

"We seem to be at a turning point in how our society deals with marijuana," said Franklin Tuesday. "The war on marijuana has funded the expansion of drug cartels, it has destroyed community-police relations and it has fostered teenage use by creating an unregulated market where anyone has easy access. Prohibition has failed. Pretty much everyone knows it, especially those of us who dedicated our lives to enforcing it. The election results show that the people are ready to try something different. The opportunity clearly exists for President Obama and Attorney General Holder to do the right thing and respect the will of the voters."

"During his first term, President Obama really disappointed those of us who hoped he might follow through on his campaign pledges to respect state medical marijuana laws," continued Franklin. "Still, I'm hopeful that in his second term he'll realize the political opportunity that exists to do the right thing. Polls show 80% support for medical marijuana, and in Colorado marijuana legalization got more votes than the president did in this most recent election."

"From a public safety perspective, it's crucial that the Obama administration let Colorado and Washington fully implement the marijuana regulation laws that voters approved on Election Day," added LEAP member Tony Ryan, a retired 36-year Denver Police veteran. "There's nothing the federal government can do to force these states to arrest people for marijuana possession, but if it tries and succeeds in stopping the states from regulating and taxing marijuana sales, cartels and gangs will continue to make money selling marijuana to people on the illegal market. Plus, the states won't be able to take in any new tax revenue to fund schools."

At a Tuesday noon press conference, Franklin and other LEAP members hammered home the point.

"LEAP members have spent the majority of their careers on the front line of the war on drugs and have seen the failure of prohibition," he said. "We call now to end prohibition and embrace a new drug policy based on science, facts, and the medical field."

Former Seattle police chief Norm Stamper told the press conference the war on marijuana was essentially a war on youth, especially minority youth, that sours police-community relations.

"I have come to believe that the war on marijuana has made enemies of many law-abiding Americans, especially many young, black, Latino, and poor Americans," Stamper said. "The law and the mass incarceration behind it have set up a real barrier between police and the community, particularly ethnic communities."

Legalization and regulation will help change that negative dynamic, Stamper said.

"This frees up police to concentrate on violent, predatory crimes, those crimes that really scare people, drive property values down, and diminish the quality of our lives," he said. "We're convinced that by working with the community, including those victimized by these laws, we can build an authentic partnership between police and the community and create true community policing, which demands respect for local law enforcement. By legalizing we have a chance to significantly reduce race and class discrimination. Watch what we do, we will use these states as a laboratory, and the sky will not fall."

"I joined this movement when I was made aware the war on drugs was a war on our community," said Alice Huffman, president of the California NAACP. "Instead of being protected, we were being targeted. We don't feel like the police are protecting us; instead, they have declared war on our young men and women. The amount of resources being used in this war to divide the community is why we have so many incidents between law enforcement and our community. We know that come Friday and Saturday night there will be a ring of law enforcement personnel ringing our community looking to make those low-level drug arrests."

"I believe the regulation and legalization of marijuana is not only long overdue, but will make our communities safer," Huffman continued. "I am very hopeful that our president, who has some experience of his own with marijuana use, which didn't prevent him from becoming a strong leader, will see the light and get rid of these approaches that do nothing but condemn our people to a life of crime because they have felonies and are no longer employable. Instead of treating them like criminals, maybe we can treat them like people with health problems."

The Obama administration has yet to respond substantively to this month's victories for marijuana legalization. Nothing it says or does will stop marijuana from becoming legal to possess (and to grow in Colorado) by next month in Washington and by early January at the latest in Colorado, but it could attempt to block state-level attempts to tax and regulate commercial cultivation and distribution, and it has some months to decide whether to do so. Tuesday's letter and press conference were part of the ongoing effort to influence the administration to, as Franklin put it, "do the right thing."

Washington, DC
United States

Marijuana Legalization Polls Highest Support Yet

A new YouGov poll conducted for the Huffington Post has found that a whopping 59% of respondents nationwide support legalizing marijuana, with 51% saying they want it legalized, taxed, and regulated, and another 8% saying they it legalized -- period.Only 26% opposed legalization, while another 15% were uncertain.

The YouGov results show stronger support for legalization than other polls, most famously a Gallup poll that showed support breaking 50% for the first time ever. Other polls in recent months, including ones from CBS News and the Pew Research Center, had support for legalization at 40% and 45%, respectively.

Some of the polling difference may be the result of the question structure. The YouGov poll gave respondents the option of supporting either legalization with taxation and regulation or without, possibly garnering support from respondents concerned about wide-open legalization.

Another difference is that the YouGov poll was conducted online instead of using live interviewers over the phone. This relatively new polling method used a 1,000-person "sample drawn from YouGov's opt-in online panel that was selected to match the demographics and other characteristics of the adult US population." The poll has a margin of error slightly larger than most other polls, at +/- 4.2%.

Breaking down the demographics, support for taxed and regulated legalization was remarkably consistent across age groups, from a low of 49% among 45-to-64-year-olds to a high of 53% among those 65 and older, with other age groups coming in between.  But support for untaxed and unregulated legalization was more age specific, with the highest levels of support coming from the 45-to-64 age group (13%) and those under age 29 (9%).

By political affiliation, 69% of Democrats supported legalization (either regulated and taxed or not), as did 58% of independents and 47% of Republicans. That latter figure is higher than the figure for Republicans who opposed legalization (44%).

Only 38% of respondents said they had used marijuana, although another 8% refused to answer.

Somewhat surprisingly, support for medical marijuana was only slightly higher than support for legalization, with some 64% saying they supported it and 23% saying they were opposed.

Whether the YouGov poll is an outlier because of its relatively new polling methods remains to be seen, but it appears to be yet another in an increasingly long line of polls showing support for marijuana legalization trending upward.

At NORML, A Sharp Focus on the Marijuana Initiatives [FEATURE]

The 41st National NORML conference took place at a downtown Los Angeles hotel over the weekend under the theme of "The Final Days of Prohibition." With marijuana legalization initiatives on the ballot in three states and medical marijuana on the ballot in two others, the several hundred attendees could almost smell the scent of victory come election day -- or at least a historic first win for legalization.

Rick Steves, Keith Stroup, Ethan Nadelmann, Brian Vicente for OR Amendment 64, Roy Kaufman for OR Measure 80 (radicalruss.com)
"This is a great movement, not because it's about marijuana, but because it's a movement about truth and freedom, the freedom to live our private lives as we wish," NORML board chairman Paul Kuhn told the crowd in his conference-opening remarks. "A White House that serves liquor, a president who smoked a lot of marijuana, and a speaker of the house who is addicted to nicotine -- they have no business demonizing us because we prefer a substance less dangerous than liquor or alcohol."

For Kuhn, as for many others at the conference, supporting the legalization initiatives was front and center. (While grumbling and gnashing of teeth was heard among some attendees, particularly over the Washington initiative's drugged driving provision, no initiative opponents were seen on any of the panels or presentations.)

"We're beyond the concept of legalization. Now, we're supporting real laws, and no law will satisfy everybody in this movement," Kuhn continued, implicitly acknowledging the dissension around the Washington initiative. "We have our differences, sometimes heated, and this is healthy and necessary if we are to evolve and craft the best laws and regulations, the best form of legalization. All of us in this movement are allies, we're friends, we share the same goals of truth and freedom and legal marijuana. We have worked too hard for too many years to let our opponents divide us, or worse, divide ourselves."

"These are the final days of prohibition. The data is clear," said NORML executive director Allen St. Pierre, pointing not only to public opinion polls but also to the political reality of the initiatives and the progress the movement has made in Congress and the states. "We have a cannabis caucus in our Congress and in the state houses, and we helped get them elected. There are 15 or 20 members of Congress who are genuine supporters of ending prohibition, most of them are Democrats. In the states, we now have sitting governors and representatives calling us and saying 'we want your support, your endorsement, your money.'"

 With the initiatives looming, much of the conference was devoted to the minutiae and arcana of legalization, regulation, and taxation models. Thursday afternoon saw extended discussions in panels on "Cannabis Legalization and Regulation: What it Might Look Like" and "Cannabis and the 'Demo' Gap: Who Doesn't Support Legalization and What We Can Do about It."

"How do we win the hearts and minds of non-smokers?" asked Patrick Oglesby of the Center for New Revenue. "The revenue card is one we can play. That gives people something to vote for. Every state in the union legalizes and taxes alcohol and tobacco. Revenue from marijuana isn't going to fix our economic problems, but let's start with the easy stuff, let's fix this and get some revenues."

"At least one state will tip in November, and others will follow," predicted Pepperdine University researcher and Marijuana Legalization: What Everyone Needs to Know coauthor Angela Hawken. "Parents will wake up and realize their children didn't turn into zombies."

Parents -- and mothers in particular -- are a key demographic that must be won over if marijuana legalization is to advance, and the way to win them over is to address their fears, panelists said.

"Women are more safety conscious and they tend to believe authority," noted NORML Women's Alliance coordinator Sabrina Fendrick. "They just need to be educated. Proposition 19 failed in large part because of women and seniors. Many were concerned over the driving issue and children being on the road with stoned drivers. The way to bring support up is to educate them about the difference between use and abuse, and to make women who support legalization feel safe about coming out."

The NORML Women's Alliance is working on that, and on increasing the number of female activists in a movement that has been male-dominated from the outset.

Law enforcement is another key bastion of opposition to legalization, and Law Enforcement Against Prohibition (LEAP) representative Steven Downing told the audience the key to swaying law enforcement was not in the rank and file, but at the pinnacle of the command structure.

"We have to influence change at the top," he said. "When that comes, the young officers on the street will do as they're told. Many of them already agree with legalizing marijuana. Don't treat the police as the enemy, but as people who can benefit from the education you can give them. Do it in a way that they're not defensive, then refer them to LEAP," the former LAPD officer suggested. "Tell them that if they support the war on drugs, they're not supporting public safety."

On Friday, longtime Seattle marijuana activist-turned-journalist Dominic Holden gave a spirited defense of Washington's I-502 initiative and ripped into its movement critics, including calling out NORML board member and Seattle defense attorney Jeff Steinborn, who has been a vocal foe of the initiative despite a unanimous board vote to support it.

"Who is opposing 502?" Holden asked. "The law enforcement opposition has been quiet and halfhearted. It's Steve Sarich, who runs CannaCare, it's cannabis doc Gil Mobley, and a whole passel of pot activists along with them. The ones opposing pot legalization right now are the ones making money hand over fist with prohibition. If they're profiting off it, I don't give a rat's ass what they think," he said.

"They don't like the DUID provision and its per se standard. They say that someone who uses marijuana regularly will test positive, but there is not a single scientific study to back them up. Their argument is fundamentally flawed because it is a lie," Holden countered, mincing no words.

"There is also concern that if we pass it, the federal government will challenge us on legalizing pot. That's the damned point!" he thundered.

"But marijuana is going to be taxed, they complain. Shut up, Teabaggers!" Holden jeered. "What planet do you live on where they're not going to tax a huge agricultural commodity?"

He pointed out that Steinborn and Sensible Washington, who are opposing I-502, had tried unsuccessfully to mount an initiative of their own.

"If you want to run a winning campaign, you need a bunch of money, credible spokespeople, campaign professionals, and the polling on your side," he said. "Part of that is compromise. You don't always get what you want, you don't always get the initiative of your dreams. What you want is a bill that can win."

"This is poll driven," said travel writer, TV host, and I-502 proponent Rick Steves. "It isn't a utopian fix. We need to win this. This doesn't feel pro-pot, but anti-prohibition."

"Regulate marijuana like alcohol is our message," said Sensible Colorado head and Amendment 80 proponent Brian Vicente. "We don't talk about legalization, but regulation. We've built support for this through two avenues, medical marijuana, where we've worked hard to make our state a model for how it can be taxed and regulated, but also through consistent earned media pushes and ballot initiatives to introduce the public to the idea that this isn’t the demon weed. We're consistently ahead five to ten points in the polls. We think this will be a damned close election."

When Vicente noted that the Colorado initiative had no drugged driving provision, he was met with loud applause. 

Drug Policy Alliance
head Ethan Nadelmann provided a primer on what major donors look for when it comes to supporting initiatives.

"We don't pick out a state in advance," he explained. "We want to know at the get-go if there is already a serious majority in favor of legalization. To think you can use a campaign to move the public is not true; the role of the ballot process is to transform majoritarian public opinion into law when the state legislature is unable or unwilling to do so. You want to go in with 57% or 58% on your side. Anything short of that, you're going to lose."

And watch out for October, he warned.

"In the final weeks, the opposition mobilizes," Nadelmann said. "You get the cops, the politicians, the feds speaking out and scaring people -- that's why these are hard to win, and that's why I'm still really nervous."

Still, the Drug Policy Alliance is deeply involved in Colorado and has put a lot of money into Washington, Nadelmann said, while noting that the Marijuana Policy Project had also put big bucks into Colorado.

"We have to win this year so we can figure out how to win a bunch more in 2016," Nadelmann said, adding that he was looking toward California. "We're going to try to put together the best and most winnable legalization initiative in California in 2016.

NORML 2012 wasn't all about the initiatives -- there were also panels on advances in medical marijuana, advances in the Northeast, and the role of women in the movement, among others, and a rousing speech from long-time anti-war activist Tom Hayden and a new-born movement star in Ann Lee, the mother of Richard Lee -- but with the marijuana legalization movement looking like it's about to step foot in the Promised Land after decades in the political wilderness, next month's elections dominated. The prospect of imminent victory really focuses the mind.

Los Angeles, CA
United States

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