There’s some big news coming out of Washington, D.C.: On Tuesday, congressmen from Oregon and Colorado introduced two historic federal marijuana reform bills to Congress.
Rep. Jared Polis (D-CO) introduced the Ending Federal Marijuana Prohibition Act of 2013. If passed, the bill would remove marijuana from Schedule I of the Controlled Substances Act and institute a system similar to the alcohol regulatory structure that federally regulates marijuana. It would also transfer jurisdiction over marijuana from the Drug Enforcement Administration (DEA) to a newly renamed Bureau of Alcohol, Tobacco, Marijuana, Firearms, and Explosives.
Rep. Earl Blumenauer (D-OR) introduced the Marijuana Tax Equity Act, which calls for an excise tax of marijuana at the federal level. It also requires the IRS to develop a steady understanding of the industry. After the first two years, and every five years following, the IRS would produce a study of the trade, offering recommendations to Congress so as to improve upon the administration of the tax. Who ever thought that the words “IRS” and “taxes” would be cause for celebration?
The introduction of these bills was largely inspired by the passage of legalization initiatives last November in Colorado – where MPP provided most of the funding for the campaign – and in Washington state.
Colorado, Congress, DEA, drug war, Federal, legislation, marijuana, Prohibition, Tax and Regulate, Washington
In what is surely a sign that serious change is on the horizon for marijuana policy across the nation, the magazine for the National Conference of State Legislatures featured a long cover story about reform efforts in their latest issue.
Given that lawmakers have traditionally lagged far behind public opinion on this topic, this is a pretty big step toward educating them about the need or alternatives to marijuana prohibition.
So far this year, more than 20 states have introduced marijuana reform legislation of some sort, and we will likely see more in the coming weeks.
MPP executive director Rob Kampia is interviewed on "The Agenda," a popular political show on the Las Vegas NBC affiliate. In particular, he discusses the prospects for legalizing marijuana in Nevada and the growing public support for ending marijuana prohibition nationwide.
MPP director of government relations Steve Fox was interviewed on CNBC’s Power Lunch on Wednesday about the implementation of Washington State’s new legal marijuana market regulations.
Here's the clip:
It is interesting that despite voters in two states making marijuana legal for adults, and with over 20 states considering marijuana reform legislation in the 2013 session, some folks in the mainstream media simply cannot stop making jokes about this serious policy issue. The time for puns is over. It is time for change.
A national poll released this week by Reason Magazine found that a majority of adults want to see marijuana reform, and that they want the federal government to respect state laws concerning marijuana.
Some highlights, courtesy of Katie Hooks:
- 72 percent of Americans say the federal government should not arrest marijuana users in states like Colorado and Washington that have legalized the drug.
- 68 percent of Americans say the federal government should not arrest marijuana growers in states that have legalized the drug.
- 64 percent say the federal government should not arrest marijuana sellers in states that have legalized the drug.
- 53 percent say they agree with the statement that "marijuana should be treated the same as alcohol."
- 49 percent say they oppose legalizing marijuana for recreational use and 47 percent support legalizing it. That finding is within the poll’s margin of error, which is plus or minus 3.8 percent.
It is important to note the discrepancy in these last two results. Often times, when people hear the word “legalize,” they assume that this means making marijuana legal with no regulations or systems in place to govern the distribution and use of the substance. This could easily explain why more respondents agree with treating marijuana like alcohol than with “legalizing marijuana.” Fortunately, every serious effort to make marijuana legal in states around the country has been careful to include provisions that would establish a well-regulated cultivation and distribution system.
Videos are now available of the town hall forum MPP hosted Sunday in Portland, Ore., where U.S. Rep. Earl Blumenauer (D-OR3) and MPP director of government relations Steve Fox discussed the benefits of ending marijuana prohibition and how it can be done in Oregon and in Congress. A great article about the event was featured on the front page of the state’s largest newspaper, the Oregonian.
The videos of Rep. Bluemenauer and Steve Fox are below courtesy of the Russ Bellville Show, and a full rundown on the event can be found after the jump.
U.S. Rep. Earl Blumenauer:
Steve Fox of MPP:
November 8, 2016, may seem like calendars away, but in the world of lobbying and ballot initiatives, it’s right around the corner. Last Sunday, January 27, U.S. Rep. Blumenauer (D-OR3) joined MPP’s Steve Fox in Portland, Oregon for a town hall forum on legalizing marijuana. Unlike Washington and Colorado, Oregon wasn’t a scene of celebration during election night 2012; Measure 80, which sought to repeal the state’s marijuana prohibition and replace it with a system of taxation and regulation, was defeated 53% to 47%.
No one said the path to regulation would be easy. Rather than sulking and dreaming about what could have been, Steve and Rep. Blumenauer used their time to advise Oregonians on what they could do now to ensure that the next time a reform initiative makes its way on to Oregon’s ballot, it’s met with sweeping approval.
Rep. Blumenauer opened the meeting by discussing his growing involvement in the fight to end prohibition. It began with a two-plant legalization bill in 1972. A 61-year-old Republican hog farmer from eastern Oregon named Stafford Hansell came onto the floor of the state legislature and gave a clean, systematic comparison of marijuana of other substances, including alcohol and tobacco. By the end of Mr. Hansell’s speech, Rep. Blumenauer decided that not only was the (defeated) bill worthy of his support, the entire issue of marijuana reform was a cause he should advocate. He left the assembly concluding, “Oregonians should be allowed this choice.”
When promoting reform, Rep. Blumenauer refers to the model “directly analogous” to marijuana-related policy: alcohol. “Prohibition, depending on your point of view, was either a failure or a disaster…The federal government and the states, the political system, and civic society worked out a system where the federal government would reflect individual states decisions.” It is a model, Rep. Blumenauer concluded, that makes sense for the federal government to look at going forward.
Steve followed Rep. Blumenauer’s question-and-answer session by addressing what lessons voters in Oregon could take away from Colorado. Success was predicated on cooperation, education, timing, drafting, organizing, and advertising, six categories those hoping to replicate Colorado’s victory in the Beaver State could easily incorporate into their campaign.
In 2012 there were multiple pro-reform initiatives put forward in Oregon, resulting in a division of money that, if merged, could have been used more efficiently. “You need to move forward together,” Steve told attendees. He also suggested that Oregonians form a 2016 roundtable so that everyone who wants to be part of this effort can “share their voice.”
Education, Steve believes “changed the dynamic” in Colorado. In 2005, MPP embarked on a public education campaign fully dedicated to the fact that marijuana is safer than alcohol. The SAFER campaign combated the old and tired fear tactics oppositional groups mechanically to dismiss the idea of marijuana reform. Getting the message “marijuana is safer than alcohol” out to the public so early and so often made all the difference when it came time to vote.
The issue of timing was particularly touchy for some in the room. Years of experience have taught MPP that presidential election years make all the difference. Presidential elections give a seven to eight point bump, which can – and often do – make or break an initiative. Some attendees expressed their desire to push forward in 2014, seizing the momentum of 2012; however, Steve reminded the crowd, “You don’t know what the landscape will look like in 2014…It’s a roll of the dice.” If the 2014 initiative failed, the money put into that campaign would ultimately affect the quality of resources sponsors could put into 2016.
Drafting is another collaborative process. It requires compromise and listening to the opinions of various communities. It is not a one size fits all approach; each state needs to examine their voting bodies and decide whether or not sponsors should choose the statutory or constitutional initiative process.
In regards to organizing, it’s all about utilizing time. “Start now, find the people who are on your side,” and add their voices (and vote) to your campaign. At the grass-roots level, engage individuals across the state; build a strong emailing list; and, talk to friends and family – 12% of Colorado voters (1/8) polled post-election stated they heard positive things about the initiative from either relatives or friends.
Lastly, Steve spoke about advertising. It’s a two-part process. Early on, start with education. Inform voters about the CDC’s take on alcohol and tobacco, and let them know what doctors across the country are saying about marijuana. During the final months of a campaign, focus should be placed on the traditional argument, (i.e., crime and money). La enforcement agencies should direct their attention to combating serious crime tax revenue should benefit the state not cartels.
2013 isn’t even a month old, and already we’re seeing numerous senators and representatives across the country ride the wave of reformation that was generated in November 2012. Since Washington and Colorado put the question of marijuana regulation on the ballot, more and more state leaders have come to the realization that prohibition is not what the people want, and it’s definitely not what the country needs.
Prior to the end of 2012, Indiana Sen. Brent Steele (R-Bedford) announced plans to introduce a proposal in the 2013 session that would alter the legal repercussions associated with marijuana possession. Rather than facing jail time, individuals in Indiana caught with 10 grams of marijuana or less would be served a fine.
Iowa Rep. Bruce Hunter (D-Des Moines) has pushed for medical marijuana and declared his intention to introduce HF 2270 in the Iowa General Assembly. If passed, Iowans with qualifying conditions would be allowed to possess up to two and a half ounces of marijuana. HF 2270 also includes terms for the creation of a licensing system for eligible patients and for the creation of nonprofit suppliers to sell marijuana to those licensed to buy.
In Illinois, Rep. Lou Lang (D-Skokie) introduced HB 1 to protect medical cannabis patients. Mississippi Sen. Deborah Dawkins (D-Pass Christian) is seeking to add the Magnolia State, which has already decriminalized personal use marijuana possession, to the ever-growing list of states that have legalized medical marijuana. Other states actively seeking to adopt compassionate medical marijuana legislation include New York, New Hampshire, and West Virginia.
On January 17, Hawaii Speaker of the House Joseph Souki (D-8th District) took – or photocopied – a page from Amendment 64, and introduced HB150, which essentially mirrors the latest article in Colorado’s constitution. If passed, adults 21 and over would be permitted to possess and purchase up to an ounce of marijuana at a time, as well as paraphernalia. (Under current state law, paraphernalia possession is a felony and carries a maximum five-year prison sentence and a $10,000 fine.)
Many of the calls for marijuana policy reforms have come out of states with the harshest marijuana laws on record. In Oklahoma, Sen. Connie Johnson (D-Oklahoma City) successfully introduced SB 710 and SB 914. Respectively, the bills call for (1) the establishment of a medical marijuana program, and (2) the reduction of penalties for possessing small amounts of marijuana. Both are scheduled to receive first readings on February 4.
In Alabama, Rep. Patricia Todd (D-Birmingham) and Rep. K.L. Brown (R) pre-filed House Bill 2, which would authorize the use of medical marijuana. HB 2 will be introduced to the legislature on February 5. And, a history of rejection didn’t dissuade Sen. David Haley (D-Kansas City) from introducing SB 9 in the Kansas Senate. It turns out third time’s a charm: for the first time in three years, an introduced medical marijuana bill will be heard at the committee level in Kansas.
Even Texas jumped – or at the very least, hesitantly crawled – on the reform bandwagon. Rep. Harold Dutton (D-Houston) has proposed decriminalizing possession of one ounce or less, instead fining users $500. Rep. Dutton’s fellow representative Elliot Naishtat (D-Austin) reintroduced a bill that would give patients with serious illnesses an “affirmative defense” against charges of possessing small amounts of marijuana.
Refusing to become complacent is one of, if not the most, important elements in the fight to end prohibition. Marijuana reform will not happen overnight, and individuals like Sen. Haley and Rep. Todd have shown us that determination does indeed yield results. Even small measures like substituting fines for jail time are a step in the right direction.
If these early weeks of 2013 can assure us of anything, it’s that this year has the potential to be one of the most significant and memorable years in reform history. With public opinion for marijuana regulation on the rise, we expect multiple states to follow suit and offer up similar legislative proposals in the months to come.
My latest piece on the Huffington Post provides a summary of what MPP has in store for 2013. In particular, it lays out our general plans to change marijuana laws in states around the country and at the federal level, and it describes how we plan to continue building public support for future reform efforts.
Unless people have been hiding under a rock this past couple months, they know that more than 55 percent of voters in Colorado and Washington legalized marijuana on November 6. As a result, many people have grand expectations of how we're going to get closer to ending marijuana prohibition in the U.S. this year.
Here is what I think we can reasonably accomplish by the end of 2013...
Check out the column at the Huffington Post to get the details, or you can find out more here on our website.
Over the past couple of months, I have been asked the following question many, many times: So which states are next? What people want to know, of course, is where MPP would like to help make marijuana legal for all adults now that we accomplished that historic goal in Colorado. While our executive director Rob Kampia has provided a public answer to that question in a national alert and blog post, I did my part to signal MPP's intentions this past weekend, with an appearance at a town hall forum in Portland, Oregon on Sunday.
I was joined by Congressman Earl Blumenauer (D-OR), who kicked off the forum by discussing the need for reform of marijuana laws on the federal level. The 100 or so attendees were greatly appreciative of Rep. Blumenauer's presence at the event, and he deserves strong praise for taking the lead on this issue in Congress. Following Rep. Blumenauer's remarks, I focused on the major opportunity at the state level. As we see it, Oregon is one of a small handful of states where it is possible to pass a ballot initiative to regulate marijuana like alcohol in the next four years. We feel so strongly about the prospects for reform, we have already hired a consultant, Roy Kaufmann, to serve as our representative in the state.
During the town hall event, I provided Oregon advocates and activists with a road map to success based on what we learned in Colorado. I placed special emphasis on the need to cooperate and educate over the coming years. The marijuana reform community in Oregon has a history marked by disagreements and division. It is time to overcome those differences so that we can focus on defeating our enemies, not our friends.
With respect to education, I explained how the Colorado campaign was built upon years of work by Mason Tvert (now MPP's communications director) and SAFER to help the public understand that marijuana is a far less harmful substance than alcohol. We believe that this long-term public education campaign helped diminish the fear of marijuana previously ingrained in the minds of soccer moms and other swing voters. It made it easier, in the end, for people to vote Yes on Amendment 64.
Perhaps most importantly, I conveyed to the attendees MPP's strong belief that ballot initiatives to regulate marijuana like alcohol should be run during presidential election years when the turnout -- notably the much higher percentage of young voters -- is more favorable for this issue. The odds of winning in 2014 are significantly lower, and every dollar invested in a signature drive in 2014 is a dollar not being spent on public education efforts that will increase our chances of winning in 2016. Moreover, a loss in 2014 could diminish enthusiasm among potential funders for a 2016 campaign. As evidence of this, we need only look to California, where the Prop. 19 campaign fell short in 2010 and essentially led to the state being off the table in 2012.
Clearly, the drive to regulate marijuana like alcohol in Oregon is going to garner a significant amount of media coverage over the next four years. In fact, the day following the town hall forum, the state's largest newspaper, the Oregonian, published an article about the event on the front page!
There is much work to do in Oregon between now and November 2016. But if leaders of the marijuana policy reform community in the state can come together and steer their collective energy and resources toward a common goal, a victory in 45 months is not only achievable, it is likely.
Last weekend, California NORML hosted Cannabis in California: Ending the 100-Year War, an inspiring conference that brought together advocates from across the state, country, and even as far as New Zealand. Perhaps the biggest takeaway from the event – California will almost surely see a statewide initiative in 2016 similar to those approved in Colorado and Washington, and it appears local and national activists and organizations will be unified in the effort to get it done.
On the first panel, California NORML Director Dale Gieringer explained how the California State Board of Pharmacy quietly pushed a ban on possession of “hemp, or loco-weed“ through the legislature in 1913 without it receiving any press or opposition. In contrast to that very quiet campaign to demonize and ban marijuana, reversing this failed policy will be very public, and it will undoubtedly face some opposition.
For an initiative to succeed in California, however, it’s important that the opposition doesn’t come from our base. Hence, it was particularly heartening to see so much unity at the conference and at an MPP-hosted strategy meeting on Thursday. Reform organizations, funders, and advocates overwhelmingly supported putting a marijuana regulation initiative on the next presidential ballot in 2016, rather than 2014 (when voter turnout is much less favorable) and working together to see it through. It will be some time before the details of any measure and campaign are hammered out. In the meantime, there appears to be widespread support for advancing statewide regulations on medical marijuana.
For those who are eager to start building support for 2016, we can look to the 2012 Colorado campaign’s “Talk It Up” project, which helped build support leading up to the election by encouraging people to start conversations about the issue with their friends, family members, and others. It’s these personal discussions that change people’s minds and make them more comfortable supporting an end to marijuana prohibition, so start talking it up today!