A lawsuit challenging Arizona’s medical marijuana law was rejected last week, when Maricopa County Superior Court Judge Michael Gordon rejected arguments by Attorney General Tom Horne and Maricopa County Attorney Bill Montgomery and refused to declare the law invalid.

This is great news for patients, but wait, there’s more! Last week, the Phoenix FOX affiliate reported that a dispensary in Tucson became the first to open its doors in Arizona. However, that dispensary does not yet have medical marijuana available for patients, so the honor of being the first state-licensed dispensary actually goes to Arizona Organix in Glendale, which began supplying patients Thursday, December 6.

Prop. 203 has overcome several obstacles since it was approved by voters in 2010, and the law now appears to be well on its way to being fully implemented. However, advocates must remain vigilant, as we know the program’s opponents will continue trying to challenge the rights of patients in court and in the legislature. Montgomery has already announced he will appeal Judge Gordon’s ruling, so it’s clear the effort to preserve and protect Arizona’s medical marijuana law must continue.

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On this day in 1933, Congress responded to the growing number of states and citizens who decried the failed war on alcohol by ratifying the 21^st Amendment. By effectively repealing federal alcohol prohibition, this historic event allowed states to determine the best way to deal with alcohol without interference from the federal government.

Tomorrow, history will begin to repeat itself as the ballot measure approved by voters in Washington officially goes into effect, making it the first state to remove all penalties for marijuana possession by adults. The federal government would be wise to learn from history and do what it did 79 years ago: get out of the way.

When it comes down to it, marijuana prohibition and alcohol prohibition are nearly identical, both in their intentions and in their failings. Both products are popular, and both prohibitions cause great harm to society. The laws that put non-violent alcohol users in prison and enriched violent gangsters like Al Capone are eerily similar to those that have destroyed the lives of millions of otherwise law-abiding marijuana consumers and propped up the cartels responsible for the daily violence south of the border.

Despite the glaring similarities with alcohol prohibition, there are still many government officials who simply do not see the parallels and insist that we cannot let responsible adults purchase marijuana – a far safer product than alcohol - from legitimate businesses instead of in the underground market.

Unfortunately, this seems to be the position of the U.S. Department of Justice, but we have yet to learn how, or if, they will push this position in states that choose a different, more rational path.

Washington’s new law will allow individuals 21 and older to possess up to one ounce of marijuana without penalty, fine, or arrest. Therefore, as of tomorrow, adults will no longer be persecuted simply for choosing to consume marijuana. It is now up to the state to create a system to tax and regulate the cultivation and sale of marijuana so that this lucrative market can be properly managed, instead of being left in the hands of criminals without quality control or oversight.

The federal government should not interfere. It made that mistake when it tried to enforce federal law in states that had removed alcohol penalties, and the result was unnecessary suffering at the expense of states’ rights, vast amounts of money, and individual liberties.

The Obama Administration should not make the same mistake.

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According to a national poll conducted by Public Policy Polling (PPP) from Nov. 30 to Dec. 2, a record high 58% of American voters said they think marijuana should be made legal, compared to only 39% who do not. In addition, 50% of respondents said they think marijuana will become legal under federal law within the next 10 years.

A strong plurality (47%) of respondents said they think President Obama should allow Colorado and Washington to implement the ballot measures approved by voters last month to regulate and tax marijuana like alcohol. Just 33% said they approve of President Obama using federal resources to prevent them from going into effect. Interestingly, support for the rights of states could be higher, but 46% of Republicans surveyed support the federal government asserting its power over the states.

Download the full poll results here.

Marijuana possession by adults is scheduled to become legal in Washington on Thursday when Initiative 502 officially goes into effect. A similar measure adopted by Colorado voters, Amendment 64, will go into effect no later than January 6. The new laws in Colorado and Washington make it legal for adults 21 and older to possess up to one ounce of marijuana for personal use. They also direct the legislatures of both states to create regulations in order to establish a legal market for businesses to cultivate and sell marijuana to adults. So far, the federal government has not stated whether it intends to use any resources to interfere with the implementation of the new state laws.

The poll of 1,325 voters asked the same question that has been used by Gallup since 1970 to measure support for marijuana legalization in the country. In October 2011 Gallup found, for the first time, a majority (50%) of Americans supported making marijuana legal. Election results and pre-election polls in Colorado suggest PPP’s automated telephone survey might be a more accurate gauge of support for marijuana legalization, perhaps due to a hesitancy of voters to express their pro-marijuana sentiments to live operators, such as those utilized by Gallup.

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In the wake of our victory in Colorado -- where 54.8 percent of the voters passed Amendment 64, a constitutional amendment to regulate marijuana like alcohol -- good people are understandably clamoring to pass similar measures in their states.

Here is a listing of the ingredients of the recipe that led to the historic victory in Colorado on November 6.

1. Presidential Election: Given that no one had ever previously legalized marijuana in the history of the world, we assumed that the election in Colorado would be close -- win or lose. So we intentionally chose to place our initiative on the ballot during a presidential election, which always attracts a larger proportion of young voters, who are more supportive. ...

To read more, please visit The Huffington Post.

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Today is a notable occasion. It is the 30^th anniversary of a Florida man gaining the ability to use marijuana for medical purposes and of the beginning of a bafflingly hypocritical stance by the federal government.

One of the strangest ironies in the government’s war on marijuana is demonstrated by a man named Irv Rosenfeld. The federal authorities still officially maintain the legal fiction that marijuana has no accepted medical use; the substance is still classified in Schedule I, and medical marijuana providers are still raided and prosecuted by the DEA. Yet, the federal government has been producing and delivering marijuana to Rosenfeld for decades. Rosenfeld suffers from a rare bone disorder, multiple congenital cartilaginous exostoses, in which cancerous spurs of bone grow outward through his body, causing extreme pain and necessitating six surgeries to date. To treat his condition, he receives approximately 300 pre-rolled marijuana cigarettes from the federal government every 25 days.

The marijuana is produced at the University of Mississippi as part of the Compassionate Investigational New Drug program. This program, administered by the National Institute on Drug Abuse, was first established in response to the successful lawsuit against the government on behalf of Robert Randall. Randall, a glaucoma patient, was arrested for growing his own medicine in 1975, but successfully employed a “medical necessity” defense. Since it was established that marijuana was the only medicine that worked to control his glaucoma, it was argued that any sensible person in such a situation would violate the marijuana laws rather than allowing themselves to go blind. The program currently supplies medical marijuana to only four known surviving patients; it was closed to new applicants by the first Bush administration in 1991, rejecting hundreds of already filed applications.

Rosenfeld works as a stockbroker. Contrary to official innuendo about the incapacitating effects of the marijuana “high,” he shows all signs of being fully functional while smoking 10-12 joints per day. Federal anti-drug authorities show no interest in studying his case, while simultaneously complaining of the lack of evidence for the medical efficacy or safety of smoked marijuana. They are apparently also not concerned with the 1988 ruling of the DEA’s own Chief Administrative Law Judge, Francis Young, who found that “marijuana has been accepted as capable of relieving the distress of great numbers of very ill people” and is “one of the safest therapeutically active substances known to man.” The federal government even holds a patent for the medical use of cannabinoids, chemicals found in marijuana.

Rosenfeld will be in Illinois from Tuesday through Thursday of next week, in support of the medical marijuana bill under consideration in the state legislature. Anyone interested in interviewing him should contact Morgan Fox, either through email at media@mpp.org or by phone at 202-905-2031.

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A new poll released on Tuesday concluded that the vast majority of Americans are not impressed with the results of the nation’s anti-drug efforts. A full 82% of respondents answered “no” to the question: “Is the United States winning the war on drugs?” This is a significant increase from a poll released in June of this year, in which 66% of respondents characterized the drug war as a failure. Only 7% answered “yes” to the most recent poll question, while 12% were undecided.

As the Huffington Post reports, several other marijuana-related questions were asked in the same poll. One of these found that 45% supported legalizing marijuana, with 45% opposed and the remaining 10% undecided. This is consistent with two earlier polls released this year on the same question. Asked which was more dangerous, alcohol or marijuana, 51% of the latest poll’s respondents answered “alcohol,” while only 24% said “marijuana,” and 24% were undecided. Contrary to the traditional image of marijuana’s legalization being an issue of interest only to its users, 88 % said that they had not smoked marijuana even once in the past year, which is similar to the national average.

Thirty-four percent of respondents agreed that the government spends too much money on the war on drugs, and only 23% of all respondents claimed that the government should be spending even more. According to the New York Times, the enforcement costs alone have been $20 to $25 billion per year over the past decade.

In the wake of the recent successful ballot initiatives in Colorado and Washington to legalize the marijuana industry, as well as Massachusetts becoming the 18^th state with an effective medical marijuana law, one more question from the poll is worth noting. A full 60% said that marijuana laws should be left to the states, while only 27% said that the federal government should determine the marijuana laws in any particular state. As MPP’s Steve Fox noted yesterday in the Chicago Sun-Times, the federal government’s authority to prohibit marijuana has always been highly questionable on constitutional grounds.

The survey of 1,000 adults nationwide was conducted on November 9-10, 2012 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. The exact wording of all of the questions in the poll can be found here, and information on methodology can be found here.

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The House I Live In, a newly released documentary from director Eugene Jarecki, dissects the United States’ failed drug prohibition policies, both previous to and following the declaration of the “War on Drugs” under the Nixon administration. Endorsed by Brad Pitt, who is one of the producers, the film deals with the serious consequences of our anti-drug crusades, including world-record rates of incarceration, the development of an influential prison-industrial complex, and, connected with these, the exacerbation of racial and class-based divisions in society. As with the prohibition of alcohol, current drug laws also enrich the organized crime elements, which now control large and extremely profitable drug markets.

The director makes his case largely through interviews with supporters and opponents of the War on Drugs who are involved in it in various ways, including judges, prison guards, and narcotics officers, as well as drug users and dealers. David Simon, notable as the director of the critically-acclaimed HBO series The Wire, which was centered on inner-city drug gangs, is also one of the main interview subjects. Jarecki concludes that the War on Drugs is a cruel, expensive, and ineffective policy which has done great harm to the country, including the people who are ostensibly being protected from drugs by the law.

The film opened in select theaters on October 5 and in Los Angeles on October 12 and received an average rating of 95% on Rotten Tomatoes. The trailer can be found here.

If you would like to attend a screening in your area, check the schedule here. We’ll be alerting our members of upcoming screenings as they happen.

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The infamous school drug-education program known as D.A.R.E. (Drug Abuse Resistance Education) may be removing marijuana from its curriculum. D.A.R.E. officer Mike Meyer of Kennewick, Washington explains that program’s materials for December make no mention of the substance, though he says he does not know why.

If true, this is a welcome step, although eliminating D.A.R.E. altogether would be preferable. All credible studies of the program, including a report from the Government Accountability Office, have failed to find any decrease in drug use connected with participation in D.A.R.E. Officials with the organization have apparently been slow in admitting this, however. In a libel suit brought by D.A.R.E. against Rolling Stone magazine, Federal Judge Virginia Phillips ruled that allegations printed in the magazine, including that D.A.R.E. had actually tried to suppress scientific research critical of the program, were “substantially true.” D.A.R.E. appealed the decision, but the Ninth Circuit Court upheld the ruling.

Although D.A.R.E. officials admitted their failure in 2001 and proposed a new, less hysterical curriculum, research since then has still failed to demonstrate any success. The “new” curriculum, as it is described on the website, does not seem to involve any increased commitment to facts, but rather now involves “role-playing sessions” and “discussion groups.” The summary of the new program, revealingly, makes insinuations that drug use is connected to terrorism, and in place of facts, explains that officers will be using “stunning brain imagery” as “tangible proof of how substances diminish mental activity, emotions, coordination and movement.”

Although they have possibly abandoned the anti-marijuana crusade in their school curriculum, D.A.R.E. still disseminates dishonest information on their website. An ironically named “fact sheet” repeats claims that marijuana “has a high potential for abuse,” and although it is short on the details or prevalence of this abuse, it does claim that marijuana can weaken the immune system and cause insanity and lung disease. The “fact sheet” categorically denies the medical benefits of marijuana, suggesting that it causes only “inebriation.” At the same time, it admits that THC, which the page describes as “the psychoactive [in other words mind-altering or “inebriating”] ingredient in marijuana,” has medical benefits. It implicitly denies the countless cases of experiences of medical marijuana patients who tried conventional treatments without success, claiming simply that “existing legal drugs provide superior treatment for serious medical conditions,” and “the FDA has approved safe and effective medication for the treatment of glaucoma, nausea, wasting syndrome, cancer, and multiple sclerosis.” The page even quotes the Institute of Medicine study, “Marijuana and Medicine: Assessing the Science Base,” the very same study which confirms the medical usefulness of marijuana and refutes claims that it poses a major proven risk of addiction or lung cancer, or that it causes brain damage, amotivational syndrome, suppression of the immune system, use of other illicit drugs, or premature death from any cause. The study further points out the shortcomings of existing legal medications for the relevant medical conditions, including the slow and unreliable action of synthetic THC pills.

According to Mike Riggs at Reason, D.A.R.E. headquarters has neither confirmed nor denied any shift in policy.

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Last night, the voters in both Colorado and Washington approved ballot measures to repeal their states’ prohibition on marijuana and replace it with a system of taxation and regulation. These new laws, which will go into effect within the next month, will also remove criminal penalties against the possession and private use of marijuana by adults 21 and older. Colorado’s law also allows adults 21 and older to cultivate up to six marijuana plants (three of which may be mature). Both laws direct state agencies to develop rules and regulations for the registration of marijuana cultivators, product producers, and retail establishments.

As you can probably guess, we here at MPP are overjoyed! Colorado voters approved Amendment 64 54.8% to 45.1%, and Washington voters approved I-502 by a margin of 55.44% to 44.56%. These historic victories represent the first bricks to be knocked out of the marijuana prohibition wall. While we are grateful and joyous in victory, we know there is plenty more work that needs to be done. And so we will continue to work. We will work as hard as we can to change the hearts and minds of all Americans, while continuing to pressure state and federal lawmakers who have the power to enact real change.

MPP is proud to have been the primary financial backer of the Colorado campaign and to have played a key role in the drafting of Amendment 64 and in the coordination of the campaign. We are also so very grateful and proud of the work done by The Colorado Campaign to Regulate Marijuana Like Alcohol out of Denver – where MPP had three paid staffers – and both the ACLU-WA and the New Approach Washington campaign for drafting and passing I-502. These professional, savvy, and intelligent campaigns demonstrated that the public at large much prefers a well regulated and taxed system of adult marijuana use to the tired and failed marijuana prohibition. They proved that when presented with a well thought out plan, voters will listen.

Repeal of marijuana prohibition in Colorado and Washington are the first and most important steps towards seeing an end to marijuana prohibition. The federal government and 48 states still cling to failed prohibitionist policies that do nothing to prevent use or abuse while costing taxpayers a fortune. Please continue to write, email, and call your state and federal lawmakers and urge them to reconsider failed marijuana prohibition. Please remember to be respectful, and be prepared to have an intelligent conversation about the need to reform marijuana laws; we have background materials available. If your friends and family don’t already support reform, start a conversation with them, too.

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Tuesday, November 6. Election Day. If you’re anything like us, you’ll be watching the news, reading about exit polls, and trying to figure out the results before the major networks make the call. But how are you going to keep track of all the marijuana-related issues on the ballot? That’s where we come in!

We’re going to be providing coverage of the various marijuana-related measures on the ballot on Facebook and Twitter, providing updates and results as they come in. So, if you haven’t already, please use the links below to ‘like’ our Facebook page and ‘follow’ us on Twitter. Please share these accounts with anyone you know who wants to be kept up to date on the latest results!

We’re just days away from making history! There’s still time to make a difference – please use this online phone bank tool from the Campaign to Regulate Marijuana Like Alcohol to call Colorado voters and ask them to vote Yes on 64!

Also, if you're looking for a simple summary of Colorado's Amendment 64, as well as the latest polling data, be sure to check this out!

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