The Alaska and Oregon ballot initiatives to make marijuana legal in both states will be voted on a week from today. With the important election just another week away, here is an overview of the existing and pending legislation in each state:
In Alaska, laws eliminating criminal penalties and replacing them with civil penalties already exist for the possession of up to four ounces of marijuana. Moreover, the state has already implemented a medical marijuana program. In the upcoming election, the state will vote on Measure 2, which would establish a recreational marijuana market that would allow marijuana to be taxed and regulated similarly to alcohol.
In Oregon, the elimination of criminal penalties associated with the possession of up to an ounce of marijuana was established over 40 years ago. In addition, the Oregon Medical Marijuana Program has been in place since November 1998. In the upcoming election, resident voters will be deciding on Measure 91, which serves to establish a legal adult marijuana market that would allow marijuana to be taxed and regulated similarly to alcohol. If the measure passes, Oregon residents will be allowed to possess up to eight ounces of marijuana at home, while being able to cultivate up to four plants. Moreover, retail sales for adults over the age of 21 would be permitted.
In the end, marijuana prohibition has failed, and it is time for a more sensible approach. Alaska and Oregon voters, please take a stand on November 4 to make marijuana legal in your states. Encourage family, friends, and neighbors to do the same!
Alaska, Measure 2, Measure 91, Oregon, Oregon Medical Marijuana Program
According to Wicked Local Cambridge, next month, Massachusetts’s voters in eight districts — including Precincts 1 and 3 — will get the opportunity to relay to state representatives their opinions on making marijuana legal.
The Drug Policy Forum of Massachusetts (DPFMA), a nonprofit organization that supports new approaches to drug control policy, gathered enough signatures to include the following public policy question on the November ballot: “Should state representatives be instructed to support a measure to regulate marijuana similar to alcohol?”
The public policy question will be included on ballots in 56 cities and towns across Massachusetts. In addition, according to DPFMA, one in every 20 resident voters will be given the chance to express their views on the issue.
[caption id="attachment_8235" align="alignright" width="256"] David Rogers[/caption]
Cambridge is one of the districts that will get a say on the matter. In fact, the state representative who represents the 24th Middlesex District, David Rogers, said that he plans on voting in favor of the ballot question.
“Although obviously localities cannot legalize marijuana, we do have the ability to influence public discussion and debate, and ultimately public opinion,” Rogers told the Chronicle. “For far too long, the drug laws in the commonwealth and throughout the country have done more than good. It’s time to think creatively about new approaches. I favor legalization coupled with strong regulation.”
Moreover, there is overwhelming public support. Massachusetts’s voters have already approved 69 marijuana public policy questions throughout the state. During elections in 2000 and 2010, ballot questions pertaining to taxing and regulating marijuana similarly to alcohol appeared in seven districts and garnered 69 percent support, according to DPFMA.
Massachusetts voters, please continue to support sensible marijuana policy by expressing your views to your state representatives on Election Day. Please encourage family, friends, and neighbors to do the same!
24th Middlesex District, Cambridge, Chronicle, David Rogers, Drug Policy Forum of Massachusetts, Massachusetts, Precinct 1, Precinct 3, Wicked Local Cambridge
[caption id="attachment_8230" align="alignright" width="300"] Sen. Daylin Leach[/caption]
As reported by PennLive.com, Sen. Daylin Leach has asked the Pennsylvania District Attorneys Association not to prosecute offenses related to the medical use of marijuana.
“Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion,” wrote Sen. Daylin Leach, D-Montgomery, in a letter today to the association’s president, Peter Johnson.
Last month, the Senate approved SB 1182, the Compassionate Use of Medical Cannabis Act — a bill that would have established the rules and regulations governing medical marijuana in Pennsylvania — in a 43-7 bipartisan vote. However, despite overwhelming support, the bill ultimately failed to be taken up by the House.
Democratic gubernatorial candidate, Tom Wolf, has publicly stated that he supports medical marijuana legislation. Moreover, 80% of Pennsylvania voters support medical marijuana. Thusly so, there is reason to hope that the Pennsylvania District Attorneys Association will refrain from prosecution of patients.
“I ask that you perform an act of compassion,” Leach wrote, adding that he hopes they will use their discretion by not prosecuting people who have demonstrated medical reason for using the substance.
Compassionate Use of Medical Cannabis Act, PennLive.com, Pennsylvania, Pennsylvania District Attorneys Association, Peter Johnson, SB 1182, Sen. Daylin Leach, Tom Wolf
According to the Portland Press Herald, the issue of whether to implement a regulated and legal adult marijuana control system in South Portland, Maine took center stage Wednesday at a debate over the upcoming vote. Among the points of contention were whether marijuana is safer than alcohol and whether making marijuana legal will increase teen use.
South Portland Police Chief Edward Googins, a vehement opponent, and Maine political director of the Marijuana Policy Project, David Boyer, debated over the proposal.
Googins continued to perpetuate the misinformation that marijuana is not safer than alcohol.
Boyer, on the other hand, argued that marijuana use is safer than alcohol use, which according to the U.S. Centers for Disease Control and Prevention, is attributed to 37,000 deaths across the country annually. Conversely, he noted that no deaths have been attributed to marijuana overdoses.
“Despite this potential harm of alcohol, most would agree adults should be able to responsibly use alcohol. Why should an adult of age to consume alcohol be prohibited from using or from possessing marijuana?” Boyer stated. “It’s time to move beyond ‘Reefer Madness’ and pass laws that make sense.”
In regards to the second point of contention, both Googins and Boyer agreed on ensuring marijuana stay out of the hands of children and teens. However, Googins argued that making marijuana legal would normalize the substance’s use and make it easier for youth to obtain. Boyer countered that marijuana is already prevalent and circulating throughout the community. A better approach would be to focus on preventing marijuana use among teens by allowing adults to purchase marijuana through licensed and regulated businesses.
“I don’t think kids should use marijuana,” Boyer said. “We need to be honest with our kids. Being dishonest with our kids and telling them alcohol is safer than marijuana is dangerous.”
David Boyer, Maine, Marijuana Policy Project, Police Chief Edward Googins, Portland Press Herald, South Portland, U.S. Centers for Disease Control and Prevention
According to CNN, outgoing U.S. Attorney General Eric Holder said he is “cautiously optimistic” when it comes to Colorado and Washington’s implementation of regulated and legal adult marijuana control systems.
[caption id="attachment_8224" align="alignright" width="300"] Eric Holder[/caption]
“We don’t want to put into the federal system, low level people who are simply there for possessory offenses,” Holder stated Monday in an interview with CNN’s Evan Perez.
Last year, the DOJ chose eight enforcement areas that the department would concentrate on in a move aimed at calming nerves in Colorado and Washington. The eight “priority areas” have focused on the Justice Department’s attempts to prevent marijuana distribution to minors, as well as inter-state trafficking and violence associated with the illegal trade.
However, Holder noted in his interview Monday that the Justice Department could reverse its non-interventionist stance if Colorado and Washington’s regulatory frameworks are not up to par.
“What I’ve told the governors of those states is that if we’re not satisfied with their regulatory scheme that we reserve the right to come in and sue them. So we’ll see,” Holder said.
It remains to be seen how the new attorney general will treat states that decide to end marijuana prohibition going forward, but supportive lawmakers continue to push legislation that will finally protect states from federal interference and allow them to determine their own marijuana policies.
CNN, Colorado, DOJ, Evan Perez, U.S. Attorney General Eric Holder, Washington
As part of the Marijuana Policy Project’s multi-year legislative campaign in Texas, we are developing bill proposals to address decriminalization, as well as allowing marijuana to be used for medical reasons and eventually regulating it similarly to alcohol for adults.
[caption id="attachment_8221" align="alignright" width="230"] Heather Fazio[/caption]
According to Heather Fazio, Texas Political Director for the Marijuana Policy Project, the group will be pre-filing the three bills this November, in anticipation of the 84th Texas Legislative Session, starting in January.
“We are working with a diverse coalition to introduce a civil penalty bill which [would] make small possession punishable by a simple fine, rather than a criminal charge,” said Fazio.
“This means no opportunity for jail time, and none of the collateral sanctions which come along with a criminal drug arrest. These collateral sanctions include limited access to resources for education, housing, employment, etc. It will also help to break down the stigma which goes along with being arrested and jailed for the possession of this plant.”
“We will [also] be introducing a bill to create a legal market for marijuana, similar to alcohol, for responsible adults who are 21 and over,” says Fazio.
The three bills cite Texans’ support for reduced marijuana penalties, the passage of medical marijuana laws, and taxing and regulating marijuana similarly to alcohol.
Moreover, according to the Substance Abuse and Mental Health Services Administration and RAND Corporation data, 1,267,200 Texans already use marijuana each month, with the average user consuming 100 grams per year. Should Texas regulate and tax marijuana, with a tax of $50 per ounce implemented, the Lone Star State would stand to make between $150,971,063 and $264,199,294 in tax revenue annually.
Read the full Houston Press article for more information on the proposed marijuana policy changes in Texas, as well as an overview of the three bills.
84th Texas Legislative Session, Heather Fazio, Houston Press, Lone Star State, Marijuana Policy Project, Rand Corporation, Substance Abuse and Mental Health Services Administration, Texas
Supporting Washington, D.C.’s ballot initiative 71, which would make marijuana legal in the nation’s capital, makes sense in terms of economics, safety, and fairness, according to Economics21.
If the initiative passes on November 4, it would eliminate the criminal and civil penalties associated with personal possession, private use, and cultivation of marijuana — within limits (two ounces for possession, no use in public places, and six plants).
In terms of safety, the infamous argument that marijuana is a gateway drug and leads individuals to resort to harder drugs has repeatedly been called into question. Moreover, a Rand Corporation research report concluded:
“The harms of marijuana use can no longer be viewed as necessarily including an expansion of hard-drug use and its associated harms.”
In terms of legal marijuana’s economic viability, there are many benefits found in easing the burden on legal and corrections systems, money which can be used to fund various beneficial measures associated with public health and safety and allow law enforcement to focus on serious crime
Lastly, marijuana possession makes up nearly half of all drug arrests. The arrests of those who have been labeled as criminals for committing low-level crimes make it significantly harder to find employment.
In an interview in 2013, former Secretary of State George Schultz said, “According to the World Health Organization, the use of drugs is higher in the United States than most comparable countries. So you have to say that the war on drugs has simply not worked... We have wound up with a large number of young people in jail, mostly blacks, a huge cost, and a debilitating one to our society. And big foreign policy costs.”
In the end, it is quite clear that voting yes on Initiative 71 is the safer, fairer, and smarter choice. Please vote November 4 and lead the nation’s capital towards establishing a more sensible approach to marijuana policy. Encourage family, friends, and neighbors to do the same!
Economics21, Initiative 71, Rand Corporation, Secretary of State George Schultz, United States, Washington D.C., World Health Organization
[caption id="attachment_8215" align="alignright" width="270"] Bill de Blasio[/caption]
As reported by The Huffington Post, Bill de Blasio, a candidate for New York City mayor last year, promised to end marijuana arrests, noting that they have “disastrous consequences for individuals and their families.” As mayor, however, de Blasio is not living up to his promise.
According to a report released yesterday by the Drug Policy Alliance and the Marijuana Arrest Research Project, between March and August of this year, NYPD made hundreds more low-level marijuana arrests than they did during the same six-month period under New York City’s previous mayor, Michael Bloomberg.
The report, which draws on data from the New York State Division of Criminal Justice, depicts the blatant racial disparity in low-level marijuana arrests: the NYPD continues to arrest Latinos at nearly four times the rate as white people and black people at seven times the rate of white people. This is in spite of numerous studies that demonstrate that young black people and Latinos in New York and elsewhere are no more likely than their white counterparts to use marijuana.
Moreover, the report analyzes the number of arrests by neighborhood, showing that the majority of arrests are centered in predominantly black and Latino areas.
“The NYPD is clearly never going to do on the Upper West Side, where there are two dozen arrests each year, what they’re doing in the 77th Precinct in Crown Heights, where there are more than 300,” said Gabriel Sayegh, managing director for policy and campaigns for the Drug Policy Alliance. “It just wouldn’t be allowed.”
Ultimately, the report portrays a typical arrest victim as a young person of color who generally abides by the law. In fact, as relayed in the report, three-quarters of those arrested for marijuana this year have never even been convicted of a misdemeanor.
“As a whole, we in the communities of color voted for him,” said Anastasia Sanders—a 21 year old woman from Prospect Heights in Brooklyn who voted for de Blasio hoping he would reform the police department’s practices. “So for us to continue to be arrested, to be honest, it’s not fair, and we just wish we had his support a little bit more.”
Anastasia Sanders, Bill de Blasio, Brooklyn, Drug Policy Alliance, Gabriel Sayegh, Marijuana Arrest Research Project, Michael Bloomberg, New York, New York City, New York State Division of Criminal Justice, NYPD, The Huffington Post
A new poll conducted by the University of Delaware finds 56% support for legalizing marijuana, with just 39% opposed. Earlier this year, Rep. Helene Keeley, Sen. Bryan Townsend, and Sen. Margaret Rose Henry sponsored legislation to reduce the penalty for simple possession of marijuana from a criminal charge to a civil fine. This is a strong step in the right direction.
Under current Delaware law, possessing even a small amount of marijuana is a criminal offense, carrying up to six months in jail and a fine of up to $1,150. And the effects of a conviction don’t stop there. A criminal record can make it difficult to find a job, obtain educational opportunities, or even find adequate housing.
Nineteen states and the District of Columbia have replaced the threat of jail for possession of marijuana with a fine. If you are a Delaware resident, ask your state representative and senator to make the same modest reform, and then ask your fellow Delawareans to call for this long overdue reform, too.
Delaware, District of Columbia, Rep. Helene Keeley, Sen. Bryan Townsend, Sen. Margaret Rose Henry, University of Delaware
As reported by Iowa Watchdog, in May, Governor Terry Branstad signed into law the Medical Cannabidiol Act. The law allows for residents of Iowa to possess small amounts of cannabidiol if a neurologist certifies that the non-psychoactive oil derived from marijuana plants is necessary for the treatment of a child with intractable epilepsy.
On Tuesday, the Administrative Rules Review Committee of the Iowa State Legislature gave final approval to the procedures by which the Iowa Department of Public Health will address the new law.
Beginning on January 30, 2015, after filing the appropriate paperwork and being approved by IDPH, a parent or primary caregiver of a child diagnosed with epilepsy will be able to receive a specific form of identification that will allow them to possess up to 32 ounces of cannabidiol.
They will not, however, be able to obtain the actual oil. In fact, cannabidiol will remain illegal to produce or sell in the state of Iowa. Moreover, in Colorado and Oregon, the states where the oil is legal, it is illegal to sell to nonresidents. Therefore, even if an approved resident from Iowa were able to buy the oil in one of the states where it is legal, transporting the substance across state lines remains a federal crime.
“That’s the reality of the situation,” Deborah Thompson, policy advisor for IDPH, told Iowa Watchdog. “There are still some very fundamental barriers to parents getting the oil.”
According to state Rep. Rob Taylor, R-West Des Moines:
[caption id="attachment_8204" align="alignright" width="180"] Rob Taylor[/caption]
“It was a very limited bill. All it did was give citizens of Iowa who possess and are registered with the state safe harbor under Iowa state law. Meaning we wouldn’t prosecute them if they have cannabidiol,” Taylor said.
When asked what purpose it served to create an approval process of a substance that Iowans will not be allowed to legally obtain, Taylor stated, “It’s one more tool in their toolbox for families dealing with a very, very disturbing disorder.”
Administrative Rules Review Committee of the Iowa State Legislature, Colorado, Deborah Thompson, Governor Terry Branstad, Iowa, Iowa Department of Public Health, Iowa Watchdog, Medical Cannabidiol Act, Oregon, Rep. Rob Taylor