The Marijuana Victories That Got Overlooked – and Still Lie Ahead
In the aftermath of at least three defeated statewide marijuana ballot measures on Election Day, people who aren’t following the issue that closely might be inclined to think the pendulum is swinging against marijuana policy reform.
They’d be wrong.
In fact, a 46% vote in favor of California’s Proposition 19 – accompanied by a collection of smaller, less-publicized marijuana-policy-reform victories across the country – is yet another sign of the growing strength of the movement to end marijuana prohibition.
Now, more than ever, I’m confident that we’re heading toward eventual victory.
The defeat of Prop. 19 in California, while disappointing, was entirely predictable. The measure suffered from a strong turnout by conservative and elderly voters, coupled with a lackluster showing from California’s younger voters, who overwhelmingly support legalization. Both trends are common in a midterm election, which is a major reason many people, including myself, believed it would have been better to place such a proposal on the November 2012 ballot.
But regardless of its defeat, Prop. 19 may well have done more for legalization efforts than anything that’s come before it — not only by generating unprecedented national debate about our marijuana laws, but also by bringing into our movement new allies like labor unions, the NAACP, and black and Latino police associations who understand the failure of our current system. The movement to end prohibition is now stronger than ever because of these new allies, who will stand by our side during future battles.
On its most basic level, Prop. 19 received more voter support than any other legalization measure to date. (Previously that record was held by the Nevada initiative that MPP backed in 2006, which received 44% of the vote.) And that growing support for change was reflected in other states, as well: The only two gubernatorial candidates in the entire country who were vocal advocates of decriminalization and medical marijuana – Vermont’s Peter Shumlin and Connecticut’s Dan Malloy – were both declared winners, despite running as Democrats in a year when voters overwhelmingly favored Republicans.
And while California voters didn’t approve Prop. 19, vote tallies so far indicate they rejected attorney general candidate Steve Cooley (R), who is enemy number one of medical marijuana patients in California, having once said that virtually all medical marijuana dispensaries were operating illegally and should be shut down.
In local elections in many states, voters overwhelmingly backed saner marijuana laws by rejecting dispensary bans and endorsing proposals for further reform. In Massachusetts, for example, voters in 18 out of 18 legislative districts (comprising nearly 13% of the state’s population) widely approved non-binding measures calling on state lawmakers to pass medical marijuana legislation or a bill to regulate marijuana like alcohol. That support will be crucial to future efforts to improve marijuana laws in Massachusetts – and it lets officials know such change is popularly supported.
So where do we go from here? For starters, I’m advocating for a pair of legalization initiatives in 2012 in California and Colorado – states where support for ending prohibition is highest. And — keeping in mind that marijuana initiatives tend to do better in presidential election years — MPP still hopes to place medical-marijuana initiatives on the statewide ballots of Arkansas, Idaho, Missouri, and North Dakota in 2012. (We also remain optimistic about our chances for passing medical marijuana bills in Delaware, Maryland, Illinois, and New York before then.)
In terms of Congress, we got the most important thing we wanted from the 2009-2010 Congress — the lifting of the federal ban on the local medical marijuana law in the District of Columbia. The 2011-2012 Congress will be more hostile to marijuana, but it won’t have any immediate impact, because we aren’t planning to pass marijuana-related legislation anyway.
If you’re still not convinced that the pendulum isn’t swinging back toward prohibition, please take note of this: At the same time that Californians were casting early ballots against Prop. 19, the national polling in favor of making the use of marijuana legal rose to an all-time high of 46%, according to Gallup.
At the rate this national poll number has been rising since 1995, a majority of American adults could support making the use of marijuana legal as soon as 2013.
Marijuana prohibition’s days are numbered.
Tagged with: California and Election 2010 and Prop 19 and Proposition 19 and Rob Kampia by the author


32 comments
Still not sure why no one cares to note that Tom Tancredo pulled down 37% of the vote in Colorado, proving that outright support for legalization is not a deal-killer to conservatives. Maybe no one in the movement wants to be associated with such a character, but I say take your friends wherever you can get them.
Rob,
Why is this Congress going to be hostile towards marijuana reform. The majority is held by a group who rose to their seats thanks to a message of less government involvement in private lives. The message that lobbyists need to be saying is one of true freedom and States rights. The tea party is supposed to stand for representing the Constitution and fiscal responsibility. How does ending prohibition conflict with these beliefs? Let’s act now instead of sitting around waiting until 2012.
Any effort in 2012 will be boosted by the fact that the Prop 19 defeat happened in 2010. I know you and others tried to talk Lee into 2012, but he did you a huge favor by ignoring your advice. He advanced the conversation and Prop 19 showed where we need to take the debate in the future.
The majority of cali voters are for legalization. a percent of those campaigned against it scaring people in to thinking there medical laws would change. you need to make sure you do not loose there votes next time. in 2012 it will pass. the greedy growers and business owners know this . everyone who voted yes on 19 knows some that voted no. educate the ones that voted no. you can teach your family members and friends that marijuana is safe better then a stranger. i am talking to all of you yes voters in LA and everywhere.
Rob speaks the truth. This past election has brought attention and opened doors for organizations and individuals to speak up and let their feelings be herd with out fear of immediate judgment.
Hey, how come you guys didn’t break the news about Saipan?
The article I read makes it sound like what passed in Saipan was exactly like prop 19. It’s like a sort of distant prop 19 test island!
And that’s a UNITED STATES TERRITORY where cannabis just got legalized, how come I didn’t hear it here first?
Rob that was a great article and it kept a positive attitude towards ending marijuana prohibition despite some of the outcomes. I think MPP as a whole maybe needs to do something about reaching out to these younger voters and getting them to the polls to vote. I also think it would be a good idea to try and somehow educate the older crowd that is so greatly opposed to the measure. Neither are easy tasks, but necessary to advance the movement.
Thank you for the report Rob. Your closing statement hits it right on the head “Marijuana prohibition’s days are numbered.”
Wisconsin made a whole bunch of news talking about hemp and cannabis with Truth, Honesty and Compassion!
http://www.jayselthofner.com/wordpress/
I’m half surprised this failed, CNN endorsed (not directly, through Opinion) prop 19.
Looking at the break down, older women were the hold out.
Next election three things must be done
-saner pot legalization. the CA prop 19 wasn’t perfect, it needed work
-youth vote, lazy kids need to get out and vote, if you go early, they have donuts – i swear
-educate older women, campaign out side of walmarts, target martha stewart and oprah (this is not meant to be a prison joke or anything racist, these two women are extremely popular with woman voters)
also, wtf Obama. this guys claims he quit cigarettes when he was elected but he hasn’t. he also admits to smoking marijuana, now he turns his back on the supporters. avoiding stoners is one thing, but some people need marijuana for pain and other illnesses.
We didn’t go after the correct demographic strongly enough.. the over 65′s killed the initiative by far. Work on the over 65′s and Republicans and it will pass in 2012.
Gotta cut back on preaching to the choir in the next campaign.
Good job California you just screwed your selves over…morons.
Hey ROb,
Correct me if I’m wrong, but didn’t Alaska have the record for highest voter support for legalization?
Rob, what about Iowa? Someone needs to step in and help Carl Olsen and get things resolved. It seems like we are very close to some major breakthroughs and I don’t want to see it get pissed down the drain.
http://www.iowamedicalmarijuana.org/
By TONY LEYS • tleys@dmreg.com • November 3, 2010
http://www.desmoinesregister.com/article/20101103/NEWS01/11030344/-1/NEWS04/Activist-vows-lawsuit-on-medical-use-of-pot
“Carl Olsen of Des Moines wants the Iowa Board of Pharmacy to allow Iowans to use marijuana to alleviate health problems. Olsen cites a decades-old piece of Iowa Code saying the drug may be used for medical purposes if the board sets up rules allowing it. He says the board has a legal obligation to set such rules.
The board Tuesday morning repeated its contention that legislators should take the lead in any such discussion.
Iowa law now classifies marijuana both as a Schedule I drug, which is banned for almost any purpose, and as a Schedule II drug, which may be used for medical purposes.
The pharmacy board unanimously recommended last February that the Legislature clarify the issue by declaring marijuana a Schedule II drug and setting guidelines on how it may be distributed and used. But legislative leaders later said they don’t need to act on the issue, because state law already gives the board authority to set medical marijuana rules.
The pharmacy board plans to write a proposed medical marijuana bill and offer it to the Legislature this month. But prospects appear dim. Legislative leaders have said they’re not interested in debating the controversial issue, and both major candidates for governor opposed legalizing medical marijuana.
Olsen has had success in court before, however. He previously pushed the board into holding hearings about medical marijuana last year, then making its recommendation to the Legislature.”
Please don’t pass this up Rob…email me Please…
Rob,
You ole smoothy! Thanks for putting it to the people just right so it don’t hurt so bad and on top of that you made us feel proud to look forward again to the next show down at the polls!
WE’RE GONNA DO THIS!!!!
I am a 60-year-old white female, and I voted YES in Prop. 19. Educating others is paramount, and it is best done by individuals openly showing they are FOR legalization. In the run-up to the election, I bought a YES WE CANNABIS shirt from the Yes on Prop. 19 campaign, and I wore it prominently. I wound up having many nice conversations with people– even those who were not for the initiative wanted to know why I was, and were more motivated by curiosity than anything else. Here is what I told them:
‘As a California resident, I am tired of seeing millions of tax-dollars flushed down the black hole of drug policy enforcement that does nothing to fix the problem of marijuana being made easily available to 12-year-olds. This situation exists thanks to the fact that there is no regulation of street availability under prohibition. Keeping marijuana illegal actually translates into ‘unregulated and easily available to anyone who wants to buy and has the money’. I am also appalled that we are literally handing tens of millions of dollars annually to Mexican drug cartels to sell to our children and make our neighborhoods unsafe. It is better that that money should go into our own state coffers to help solve our current fiscal problems, and it is far better that WE regulate what’s available to our kids, because Mexican drug lords certainly don’t care if their customers are prepubescent.
‘I also don’t think we should incarcerate adults for smoking an occasional joint– just as we do not jail people for having an occasional glass of red wine with their dinner. And I think it is doubly foolish to jail people for marijuana use, when a marijuana high is actually medically far safer for the user– as well as less socially disruptive– than alcohol intoxication is.’
The bottom line is TALK TO PEOPLE, and also SHOW UP TO VOTE!
we need to get legalization on the ballot in massachusetts for 2012… marijuana law reform is very popular in this state
I would like to see legalization on the ballot in Michigan for 2012. Who is responsible for getting it on the ballot in Michigan? Who do I talk to…who do I help get this going?
In the State of Maryland, a medical marijuana law had wide bipartisan support….but we ran out of time during the legislative session to get it passed. We need to keep supporting this initiative in Maryland so patients can have safe and legal access. Put Maryland down as a state that will likely pass some kind of law within the next 2 years.
Regarding Saipan:
http://www.mvariety.com/2010110431716/local-news/marijuana-bill-insanely-ridiculous.php
This is proof that America pays off governments to keep pot illegal.
“people who aren’t following the issue that closely might be inclined to think the pendulum is swinging against marijuana policy reform.”
I’m following the issue, and that’s exactly what I think.
The Pendulum Swings Back: http://tonysquestforunderstanding.blogspot.com/2010/11/pendulum-swings-back.html
It’s good to see somebody at this level talk about Colorado. I think it’s a better environment for passing legalization than California, and a well-run campaign here in a presidential year has a good chance of passing. As for Tancredo, he can’t be trusted on legalization, he’ll say anything that he thinks will get him any kind of media attention, and the people who voted for him were open in ignoring a lot of what he’s said about a lot of things over the years.
Massachusetts definatly seems primed for a medical marijuana program at least.
I’m older, conservative and for the most part Republican but when given the chance will cross party lines to “vote marijuana.” Newsweek is reporting that it wasn’t older conservatives who opposed Prop 19, but rather the medical marijuana industry. The medical marijuana quacks are drug dealers after all getting $400 an ounce for a weed that essentially grows wild. I’ve never really been happy with the whole medical marijuana with its overpriced “dispensaries” model for ending prohibition. Legalization is the way to go in my opinion and screw the drug dealers.
If you all voted Libertarians, like I did, then we would not be thinking of the next move in 2012. Instead we will all be celebrating the New Year 2011 as Marijuana Freedom Year.
It’s that simple people!
http://www.lp.org/issues/crime-and-violence
now thats its failed, stop blaming the voters everyone….blame how it was written…because quite frankly a LARGE group of MMJ supporters voted NO because of the language that included screwing over those 16-20 on possession vio’s
“now thats its failed, stop blaming the voters everyone….blame how it was written…because quite frankly a LARGE group of MMJ supporters voted NO because of the language that included screwing over those 16-20 on possession vio’s”
Exactly. It failed because it was poorly written. You need to write a proposition that does nothing but protect citizens rights to use, and grow their own cannabis. There were several things in prop 19 that made people who fully support legalization vote no.
Not to mention anyone in Cali who wants to get marijuana can already get a card, and go to as many dispensaries as they want, or even grow their own.
Massachusetts is where you ought to spend your time, and money. Without much effort the voters here passed question 2 by nearly 2 to 1 majority.
None of the horror stories that the opposition said would occur if question 2 passed even remotely came close to coming true. Car accidents, and car accident fatalities have actually decreased pretty drastically since the passage of question 2.
This country is not ready to vote for cannabis. It’s not ready. The populace has been led to believe in outright lies, and they are not ready. No amount of “get out the vote” is going to do it. If we keep relying on ballot initiatives, every single one of us will be dead before we see this stuff legal. Do you want to spend the next 80 years of your life fighting this ridiculous battle?
We have to MAKE them ready. It’s not about voting. It’s about STANDING UP. Here. Now.
It’s about every one of us taking a stand, intimately and personally with those around us in our lives, standing up for who we are and proudly telling the TRUTH.
This is a battle that will be won on the GROUND, in CONVERSATION, and in ACTION. Only when the country is ready for cannabis will cannabis be legal again – and it’s our job to make them ready. It starts today, and here’s how:
1. Purify your practice.
Shed the false persona of the “stoner”. Ask yourself, “am I talking/moving/acting this way because it’s my expression of who I am, or because the stoner-movie media told me that this is how cannabis users behave?”)
Return to the roots, the spiritual practice of cannabis. Use it consciously. With intention. Use it to heal, to re-establish connection with the divine, your uncorrupted self. Explore the unknown.
2. Reclaim the language.
Repeat after me: It’s not a drug, it’s a medicine. It’s not a war on drugs, it’s a war on medicine. It’s not prohibition, it’s an inquisition. It’s not legalize, it’s STOP THROWING PEOPLE IN FUCKING JAIL.
3. Come out of the closet.
Stop hiding, make sure every single person you know knows you use it. If they don’t know yet, tell them. And tell them why you use it. Tell them you enjoy it.
4. Stand up for the truth.
No more incrementalism. We want it legal, now. No more excuses (like only for medical patients with a subscription), no more wimping out (like “tax it” or “loosen the penalties”), no more additional laws, and no more state-by-state. We want the Controlled Substances Act repealed, end of story. And for god’s sake, STOP CITING POLL NUMBERS.
5. Stop defending, and start putting opponents on the defensive. In a free society, the burden of proof is on those who would ban. Be aggressive. Do NOT let them get away with half-answers. Demand they confront their lunacy. Anytime and anywhere you find inquisitionists, confront them, and don’t let up until they back down.
6. Smoke in public, as long as there are no cops around. The worst anyone can do is throw words at you. Engage them in civil conversation. Educate them.
Every cannabis user can step up and personally fight for the truth. YOU can do this. WE ALL can do this. Stop waiting on NORML. Stop waiting on MPP. Stop waiting for the next election. The “political” process is just a thermometer, it’s not the thermostat. It merely measures the temperature, it doesn’t set it.
WE set it. Each and every one of us. The adventure begins now!
MPP is lazy. They could have worked harder on prop. 19.
Obama is now the enemy. It’s no longer the Bush war on freedom (drugs). Now it’s the OBAMA war on freedom.
This is all so GREAT for an old timer like me…I have smoked for 40 of my 54 years…I only hope I live long enough to smoke a joint on my porch or grow a plant in my garden without fear of going to jail or prison.
It could have been legal if the medical marijuana growers voted yes. It could have been legal when the oldest WWII codgers die.
I say lets rework the bill to please the medical mmj community. Its so depressing that Prop 19 failed as well as all the medical mj bills. I guess I wont see legalization in my lifetime.
No the Old people over 65 is what killed the prop 19 vote, and the young people still don’t want to go vote. We are still 5 to 10 years away from Freedom.
re; The Pendulum Swinging Back,
and ‘work harder next time’,
and ‘wait for the old people to die’..
and ‘This country is not ready to vote for cannabis’.
-stop blaming the voters, blame how it was written…because quite frankly a LARGE group of MMJ supporters voted NO because of the language.
There were things that made people who fully support legalization vote no.
Seventy percent of Americans favor making marijuana legally available for doctors to recommend in order to reduce pain and suffering, according to a recent Gallup poll.
so all we need to do is write an innitiative that will satisfy US !!
WE ARE THE MAJORITY !!
stop trying to win over the prohibitionists !!
-we don’t need them, and will never get them.
there are more than enough non-prohibitionists !!
-60 % of eligeable people don’t even vote.
concentrate on them, not on the prohibitionists !!
LOOK AT THE PAST VICTORIES !!
the less restrictive the innitiative, the greater the win,
the more restrictive the innitiative, we get losses and narrow victories.
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