Will This Election Unravel Prohibition?

Will This Election Unravel Prohibition?

http://www.alternet.org/will-electi...TBT&rd=1&src=newsletter737195&t=11&paging=off

With Election Day just around the corner, it's starting to look like at least one state will vote to legalize marijuana, possibly two.
November 1, 2012


We are now only days away from Election Day, and it's starting to look very much like at least one state will vote to legalize marijuana, possibly two, and, if the gods are really smiling down, three. It's also looking like there will soon be at least one more medical marijuana state, and like California will finally reform its three strikes sentencing law.

There are also local initiatives on the ballot in California, Massachusetts, and Michigan, including a Detroit initiative that would legalize the possession of up to an ounce at home by adults. And there are races for elected office that merit watching, the most interesting of which is probably former El Paso city councilmember and legalization supporter Beto O'Rourke, who is running for Congress. O'Rourke already knocked off Democratic incumbent drug warrior Sylvestre Reyes in the primary and appears ready to cruise to victory Tuesday.

The Chronicle will be in Denver election night for what we hope is the making of history. On Tuesday night and into the wee hours Wednesday morning, we will be posting relevant election results as fast as we can get our hands on them. In the meantime, here's what we'll be watching:

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. 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.

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 initiativesto make marijuana the lowest law enforcement priority and prohibit local officials from cooperating with federal marijuana law enforcement activities.

Drug Policy and the Presidential Election

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

And it's a tight race where one third party candidate in particular, Gary Johnson, is making a strong run and exploiting his popular legalization position on marijuana. While the Real Clear Politics average of Colorado polls has Obama up 48.2% to Romney's 47.7%, the race tightens up when Johnson is included in the polls, even though who he hurts more varies from poll to poll.

If Obama loses Colorado, be prepared for the argument that he did so at least in part because of his poor positions on marijuana.

I haven't watched local news for over a year (lying b-stards, never again)...

Has anyone noticed the Police or District Attorney's offices pushing propaganda lately?

I just remember hearing our Drug Czar sending out a memo last time to "do whatever it takes to make sure this doesn't pass," and everyone including the media followed suit for the next few weeks. I wonder if that's happening this time...?

Thanks...

OP: Gary gets all the headlines with the heads, but Rocky Anderson seems so much a better choice...if we had proportional representation, and weren't throwing our vote to the Republican's by voting for a third party candidate...sheesh, will we ever reform our political system? South park's "douche and turd sandwich" argument's been given new meaning.

Did Johnson really hand out rolling papers in Colorado? Does anyone know?

My husband was out canvassing for Obama this morning, and I am making phone calls this afternoon!

for obama??? from your past posts i would have thought you were voting for Johnson. i know where i live (in NY) my state has already decided... but i am voting for Johnson anyways

I have several pre-existing conditions, and the ACA protects me, and our daughter. If it weren't for Obama's ACA, I would die. So, we support Obama in gratitude. Not the only reason, though.

as much as he helped you (and i do feel for your situation so please don't think i want your protection to go away) but hasn't he also hurt many sick patients by allowing the federal raids on dispensaries to continue even though he said 4 years ago he would not??

He has done some things I am not happy with, but like I said. I would die without the protection of the ACA, and that's a big deal to me.

I have similar feelings about ACA. I'm unemployed and will soon be unable to maintain the Cobra coverage at an expensive level I had from my former employer. If Romney is elected I'll probably have to go without insurance. So yeah. Hopefully the second term, free of re-election worries, the administration can be convinced to step back on the raids, especially if some of these referendums pass.

IMHO politicians in general grossly underrate the MMJ movement,and marijuana issues in general.
They like our votes,and will promise the moon to get them. But when it comes to matters of policy they have no problem selling us all down the river.
*Sigh*
The more things change,the more they stay the same.

At the state and local level quite a few politicians are hip to the negative effects of prohibition and interested in the tax revenues offered by a brisk trade which is going to take place regardless but the federal officials are still in drug war mode. Cities like Oakland get a sizable share of their tax revenue from the cannabis trade. Over the next few elections as more states come to allow it hopefully the general public eventually reaches a critical consensus to stop over-reacting to this plant.

Colorado with voting closed and 2% in is standing steady @ 54% to 46% in favor of amendment 64...
Massachusetts: 63% to 37% with 21% of votes counted and voting closed

IF ya got a deity... get crackn!

Here is the NORML election night coverage fyi:
http://blog.norml.org/2012/11/06/norml-election-night-2012-live/

UPDATE:
Oregon (Polls close 8pm Pacific Time): --
Washington (Results in around 8-9pm Pacific Time): --
Colorado (Polls CLOSED): 53% to 47% (36% of the vote)
Massachusetts (Polls CLOSED): 63% to 37% (63% of the vote) - NORML PROJECTS VICTORY
Arkansas (Polls close at 7:30pm Central): 48% to 52% (27% of the vote)
Montana (Polls close at 8pm local time): --
Michigan (Polls close at 8pm central time): --

This is looking real promising!
Keep it up my brothers and sisters,we can win this TONIGHT!

http://www.9news.com/news/local/article/298251/139/Colorado-voters-pass-Amendment-64

Nice!!!

I wonder what the feds will do.

I want to move.

Chase after real criminals?
Get jobs at wal-mart?
Curl up and blow away?



We win bitches.
THE PEOPLE HAVE SPOKEN!

The end of the war on a plant is coming to a close. I am truly grateful that I saw this day in my lifetime.

They fought the ganj,
and the ganj won.

Funny, they lost to us. The "oh so stupid stoners".

Seriously though,this is a damned good night!
I live in a non-MMJ state,and I can say,with 100% certainty,that I WILL be moving.

Colorado here I come!

We won some skirmishes, not the whole thing. But it's progress.

So glad to see that progress is finally getting made.

In all respect don't you think you are understating it a bit?
I'd call these major wins, not skirmishes.

On the state level these are undoubtedly nice big wins.