U.S. federal appeals court Judge Juan Torruella told an audience in Puerto Rico on Tuesday that “the only realistic alternative” to America’s failed war on drugs is to experiment with legalization, “beginning with marijuana.”

Torruella, 77, made his comments at the University of Puerto Rico’s law school, where he was a guest speaker for an audience of about 70 people, including the law school’s dean, Puerto Rico’s secretary of health, and many students. Here are some of his comments, courtesy of El Nuevo Dia (via Google Translate):

The judge said the U.S. goal was "a Drug-Free America by 1998", or "drug free America for 1998, prompting many laughs from the audience. […]

"The only realistic alternative to the policy (drug) is currently experimenting with the legalization of at least some of these substances, beginning with marijuana," Torruella said.

"I do not see how we can avoid the conclusion that the war on drugs does not only lost time but for some time that loss has had a high human and material costs," said the veteran judge who gave the example of the increase of deaths associated with drug trafficking in Mexico when the U.S. authorities allegedly managed to reduce the traffic routes in the Caribbean. […]

He said New Zealanders and Americans are the most who smoke marijuana (42%) in the world, by far, and noted that in Holland, where consumption is legal, only 20% use it. [..]

The United States remains "the source of insatiable appetite that drives this industry," said the judge.

Torruella sits on the Boston-based First Circuit Court of Appeals. He was first nominated to be a federal judge by President Ford, and was elevated to the appeals court by President Reagan in 1984, according to the Associated Press.

According to El Nuevo Dia, Torruella cited a recent study by the Cato Institute, as well as “British studies” showing marijuana is less harmful than alcohol “and therefore should be legalized.”

This is the second time in less than a week that commonsense marijuana policy has been endorsed outside of the 50 United States. On Thursday, a bill to legalize, tax, and regulate marijuana for medicinal and recreational purposes was approved by the House of Representatives for the Commonwealth of the Northern Mariana Islands, a U.S. territory. Unfortunately, the bill isn’t expected to pass through the Commonwealth’s Senate, where five out of nine senators plan to vote against it.

California voters may have rejected Proposition 19 last week, but a poll released after the election shows that a majority of California voters still believe marijuana should be legal in principle, and that our current laws do more harm than good.

The poll from Greenberg Quinlan Rosner Research found that:

• 50 percent of California voters believe the use of marijuana should be made legal, regardless of their feelings on Prop. 19.
• 52 percent of voters believe our marijuana laws do more harm than good, agreeing that, “Like alcohol prohibition, laws against marijuana do more harm than good.” Only 37 percent disagreed with this statement.
• 31 percent of people who voted “no” on Prop. 19 believe marijuana should be legal, and agreed to the statement, “I believe marijuana should be legalized or penalties for marijuana should be reduced, but I opposed some of the specifics of Proposition 19.”
• 44 percent of voters believe legalization is inevitable, including 25 percent who voted against Prop. 19.

The survey’s most striking find is that if youth voters had turned out last week in the numbers they typically do during a presidential election year, Proposition 19 would have been statistically tied, with 49 percent voting yes to 51 voting no. That statistic and others reinforces our belief that a different measure to end marijuana prohibition would be well poised for victory in 2012 in a state like California or Colorado.

And if that isn’t enough to convince people that the movement to make marijuana legal is exponentially gaining strength, not losing it, consider this: In last week’s California election, Republican Meg Whitman spent an unprecedented $160 million on her campaign to become governor, and she lost, receiving only 3.1 million votes, or about 41 percent overall. The Proposition 19 campaign, on the other hand, spent only about $4 million, and Prop. 19 received 3.4 million votes (or 46 percent) – beating Whitman handily.

With solid funding, a healthy turnout by young voters, and a coalition of allies that is now larger and stronger because of the Prop. 19 campaign, there is every reason to believe we can be victorious in another two years. Don’t give up hope.

Medical marijuana still has a chance of passing in Arizona, where as many as 300,000 votes on Proposition 203, the MPP-backed medical marijuana measure, have not yet been counted. It could be many days until we receive final word, but either way it will be close.

The following is from an email MPP executive director Rob Kampia sent last night to our supporters:

Based on the ballots tabulated by election officials last night, the initiative was trailing slightly, with 49.75% in favor, with 50.25% opposed ... a difference of less than 7,000 votes out of more than 1.3 million cast.

For the next few days, Arizona government officials will be counting an estimated 200,000 to 300,000 votes that were cast by people whose mail-in ballots arrived at polling stations or elections offices in the final hours of the campaign. They may also need to examine thousands of "provisional" ballots that were cast by people whose residency was in dispute at the polls on election day.

In sum, if our initiative receives 52% of the votes that have yet to be tabulated, our initiative passes.

If the measure ends up winning, it will allow patients suffering from cancer, AIDS, and other life-threatening conditions to use marijuana with a recommendation from their doctor. It would also authorize the opening of about 120 dispensaries across the state.

To help ensure victory in Arizona, please consider donating here.

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.

We’re still tracking down all the results from yesterday’s election, but here’s a quick look at how things fared in races affecting marijuana policy.

This year witnessed historic progress in the campaign to end marijuana prohibition – but as some of these results below show, there remains much work ahead. MPP and others are already looking to build on this year’s advances by launching new campaigns in 2012.

First, the good news: Vermont, Connecticut, and Massachusetts

The only two major party gubernatorial candidates in the nation to vocally support medical marijuana and decriminalization were both victorious. Democrat Peter Shumlin won in Vermont, and Democrat Dan Malloy won in Connecticut. Both men bring renewed hope to efforts to pass more sensible marijuana laws in their respective states.

Also, in Massachusetts, voters in 18 out of 18 districts have overwhelmingly approved a series of non-binding policy questions asking whether they support medical marijuana or the regulation of marijuana like alcohol. That not only sends a strong pro-reform message to state lawmakers, but is a good sign for future efforts in Massachusetts as well.

Next, the bad news: California, Oregon, South Dakota, and New Mexico

As most readers probably already know, California’s Proposition 19, which would have made the Golden State the first in the nation to fully end the prohibition on adult marijuana use, was defeated last night. Garnering 46% of the vote, it still made history as the highest statewide vote in favor of marijuana legalization to date.

Sadly, the Obama administration took this defeat as an opportunity to spout more baseless “Reefer Madness”-style propaganda.

In Oregon, Measure 74, which would have authorized state-licensed dispensaries, also failed, as did South Dakota’s Measure 13 for medical marijuana. Pre-election polling showed both measures trailing significantly.

And in New Mexico, voters have elected Republican Susana Martinez as the state’s next governor. Martinez has previously voiced her desire to repeal New Mexico’s medical marijuana law – considered by many to be a national model for regulation.

But wait – the undecided! Arizona and California attorney general

The only marijuana ballot measure that still retains a hope of victory is Arizona’s Proposition 203, the medical marijuana initiative that would establish up to 120 licensed dispensaries in Arizona and received significant support from MPP. Current results show the measure down by fewer than 7,000 votes, but we have reports that up to 200,000 ballots have not yet been counted. It still has a chance!

And finally – in a hugely significant contest for the future of medical marijuana in California – it appears that Republican Steve Cooley is heading toward defeat in the race for California attorney general. Simply put, Cooley is a self-declared enemy of medical marijuana laws, and his election could have wrought all kinds of hardship on thousands of patients and providers throughout California.

That’s all for now. We have more updates and analysis on the way.

Last night, San Francisco Giants pitcher Tim Lincecum threw eight innings of one run baseball, racking up 10 strikeouts in the process, and leading the Giants to their first World Series victory since moving to San Francisco at the end of the 1957 season.

Why am I writing about this on the MPP blog? Because Lincecum, a former Cy Young Award winner, is one of the millions of Americans who has used marijuana and been subjected to the criminal justice system for using a substance less harmful than alcohol. Lincecum, 26, was charged with marijuana possession last year and, after a plea agreement, was forced to pay a fine. He is not, by any stretch, the first successful athlete to use marijuana and be punished for his actions.

Lincecum’s dominating performance serves as a timely reminder that marijuana prohibition makes criminals out of both everyday and extraordinary Americans. Maybe it’s a midlevel executive working mother who uses a small amount of marijuana after her kids go to bed to unwind. She’s a criminal. Maybe it’s a wounded veteran returning from Iraq who finds marijuana works best to control his PTSD. If not covered by a medical marijuana program, he’s a criminal. Or maybe he’s the leader of the free world. Yep, they were all criminals, too.

Luckily, Californians have a unique opportunity today to end this unjust criminalization of otherwise law-abiding adults by voting yes on Proposition 19.

Will California claim two historic victories in two days? We shall see. 

Voters all across the country will cast ballots tomorrow in elections that could alter the course of U.S. marijuana policy for years to come. Here are the 9 most important contests to watch for the movement to end marijuana prohibition:

1. California: Proposition 19 would make marijuana legal for all adults – it represents the best chance to date for a single state to overturn the failure of marijuana prohibition and offer an alternative for others to follow. It would make it legal for all adults 21 and older to possess up to one ounce of marijuana, as well as grow a 25-square-foot marijuana garden on their property. It would also allow localities to tax and regulate marijuana sales, but it remains unclear how the federal government would react if Prop 19 passes. Website: yeson19.org
2. Arizona: Proposition 203, an MPP-backed initiative, would allow patients suffering from cancer, AIDS, and other life-threatening diseases to use marijuana with their doctor’s recommendation. Patients could purchase their medicine from tightly regulated, state-licensed dispensaries or grow their own if they live more than 25 miles from a clinic. Website: stoparrestingpatients.org
3. Oregon: Measure 74 would expand the state’s existing medical marijuana law by authorizing regulated, state-licensed nonprofit clinics to provide improved patient access to their medicine. The system would generate an estimated $3 to $20 million a year for the state through taxes and fees. Website: measure74.com
4. South Dakota: Measure 13 would allow patients suffering from cancer, AIDS and other serious ailments to use marijuana with a recommendation from their doctor. Patients could grow their own medicine or designate a caregiver to grow it for them. Website: sdcompassion.org
5. Vermont: VOTE Peter Shumlin for governor. Shumlin (D), the state Senate pro tempore, played a major role in passing Vermont’s medical marijuana law in 2004, and has been a staunch advocate for marijuana decriminalization. MPP has spent years lobbying for a decriminalization law in Vermont. With Shumlin as governor, Vermont would be well poised to pass decriminalization and expand its medical marijuana law by authorizing licensed dispensaries. Website: www.shumlinforgovernor.com
6. California: NOT Steve Cooley for attorney general. Los Angeles County District Attorney Steve Cooley (R) is a rabid anti-marijuana zealot who has falsely claimed that all medical marijuana dispensaries are illegal, and that he would continue to prosecute adults for marijuana crimes even if voters pass Proposition 19.  If he wins the election for state attorney general, he will become the state’s top law enforcement official and could reverse years of progress toward saner marijuana laws in California. Website: notcooley.com
7. New Mexico: NOT Susana Martinez for governor. Martinez (R), the leading candidate for governor, has said she will work to overturn New Mexico’s medical marijuana law if elected. New Mexico’s law enjoys wide popular support and is often described as the tightest-regulated law in the country. But Martinez believes federal law should trump a popular local law – despite the Obama administration’s promise of non-intervention in state medical marijuana laws. Website: donttakeawaymymedicine.org
8. Connecticut: VOTE Dan Malloy for governor. Malloy (D) has said that he “absolutely” supports decriminalizing marijuana, as well as medical marijuana legislation that would protect seriously ill patients from arrest. Outgoing Gov. Jodi M. Rell vetoed medical marijuana legislation in 2007. If Malloy were elected governor, proponents would be given renewed hope for passing a medical marijuana law in Connecticut. Website: danmalloy.com
9. Massachusetts: More than 70 local municipalities in Massachusetts will be voting on non-binding resolutions and public policy questions calling on the state government to pass medical marijuana or end marijuana prohibition entirely. These initiatives are a great opportunity for Massachusetts voters to send a strong message to their state lawmakers, as well as give local organizers a better sense of where things stand for future marijuana initiatives in Massachusetts. Website: masscann.org

You can find links to other MPP state voter guides at our state page.

Now -- if you haven't already -- go out and VOTE!

A new Gallup poll released yesterday shows that a record number of Americans believe marijuana should be made legal, while support for keeping it illegal continues to decline steadily. As Californians prepare to vote on Proposition 19 on Tuesday, a record 46% of Americans “think the use of marijuana should be made legal” – up from 44% last year, according to Gallup. An all-time low of 50% believe marijuana should remain illegal.

These numbers are more evidence that Americans are increasingly rejecting the notion that otherwise law-abiding adults should be criminalized for using a substance that is less harmful than alcohol. To put these latest results in perspective, more Americans now support legalizing marijuana than approve of President Obama’s job performance.

According to Gallup’s most recent polling average, 44 percent of Americans currently approve of President Obama’s job performance.

Gallup found that support for making marijuana legal was highest among liberals (72%), 18- to 29-year-olds (61%) and people living in the West (58%). Majority support also exists among Democrats, independents, men, and moderates.

No matter what happens on Election Day next week, these numbers show that nationally, support for ending prohibition continues to trend in the right direction. "If the trend of the past decade continues at a similar pace, majority support could be a reality within the next few years," according to Gallup.

The 2010 mid-term elections are just 5 days away, so there is no better time to share this important message:

No adult should be punished for choosing something safer than alcohol.

We produced this powerful 30-second video to inspire you and everyone you share it with.  It’s time to give adults the legal option to use a substance that is safer than alcohol – marijuana!  Use this video to inspire your friends, family members, and co-workers to support efforts to tax and regulate marijuana similar to alcohol.

Aside from the fact that marijuana prohibition is a complete failure – 17 million Americans consume it regularly and surveys show that young people are able to obtain it more easily than alcohol or tobacco  -- it also steers people toward our nation’s #1 most preferred recreational drug, alcohol, which happens to be more dangerous.  While the danger that a food, drug, or activity pose is not sufficient reason to prohibit it, our laws should not punish people for making the rational choice to use a less harmful substance.

Currently, responsible adults who prefer to relax at the end of the day with marijuana must risk prosecution to do so.  Getting arrested for a marijuana-related offense could mean a simple fine, but it could also mean losing your driver’s license, your federal student financial aid, your job, your children or your home.  We waste billions of dollars every year on this failed policy that causes far more harm than marijuana itself.

It’s time for this to end.