Prop. 19 Increasingly Popular Among California Voters

More than half of Californians now say that they will vote ‘yes’ this November on Proposition 19, which would legalize the private adult use and cultivation of limited amounts of cannabis, and allow local governments the option of regulating its commercial production and retail distribution.

The latest poll of 2,004 likely voters throughout the state by the Public Policy Institute of California reports that 52 percent of Californians back Prop. 19, versus 41 percent opposed and seven percent undecided.

Prop 19 is more popular than any candidate or incumbent

Of the statewide propositions polled, only Prop. 19 possessed majority support among California voters. In fact, the same poll reports that a greater percentage of voters now back Prop. 19 than support incumbent Democrat Senators Barbara Boxer (42%) and Dianne Feinstein (44%), Senate Republican challenger Carly Fiorina (35%), Gubernatorial Democrat candidate Jerry Brown (37%) or Gubernatorial Republican candidate Meg Whitman (38%).

Historically, ballot initiative campaigns lose support in the months prior to election day. But Prop. 19 is bucking this trend, as recent results from the Field Poll, Survey USA, and polltracker.com clearly show that marijuana legalization is maintaining, and in some cases gaining, voter support as we approach November 2, 2010.

Proposition 19 is endorsed by a broad coalition of divergent and powerful interest groups, including the California NAACP; the Latino Voters League; the Service Employees International Union (SEIU); the National Black Police Association; the United Food and Commercial Workers, (UFCW) Western States Council; the California Council of Churches IMPACT; Firedog Lake; the California Green Party; and the Republican Liberty Caucus. These organizations, along with millions of Californians, agree that it is time to end criminal marijuana prohibition in California.

If you live in California but are not registered to vote, you can do so by going here. Help make history on November 2!

Regulating Cannabis Sales Could Yield Over $17 Billion In Annual Savings And Revenue, New Study Says

Treating marijuana as a legally regulated commodity would yield some $17.4 billion dollars annually in cost savings and new tax revenue, according to an economic report published yesterday by the CATO Institute think tank in Washington, DC.

The report, entitled “The Budgetary Impact of Ending Drug Prohibition,” estimates that taxing the commercial sale of marijuana in a manner similar to alcohol would generate some $8.7 billion in annual revenue. The report further estimates that abolishing marijuana prohibition would additionally yield approximately $9 billion in annual law enforcement savings. Full text of the entire report is available for download here.

A previous 2005 study commissioned by NORML estimated that marijuana law enforcement cost taxpayers some $7.6 billion per year.

A separate California statewide analysis published in 2009 by the state Board of Equalization and Taxation estimated that imposing retail taxes on the commercial sale of cannabis in California would yield approximately $1.4 billion in yearly revenue.

An op/ed in favor of legalization by the CATO study’s co-author, Jeffrey Miron of Harvard University, appears in today’s Los Angeles Times here.

Latest CA Polls Show Big Boost In Prop. 19 Support

Public support for California’s Prop. 19 — which would legalize the private adult use and cultivation of limited amounts of cannabis, and allow local governments the option of regulating its commercial production and retail distribution — is up significantly, according to the latest statewide Field Poll, released on Sunday.

According to the Poll, 49 percent of respondents say that they would vote ‘yes’ on 19 ‘if the election were being held today.’ 42 percent say that they would vote ‘no.’

Self-identified Democrats, men, and non-partisan voters were most likely to back the measure.

The latest Field Poll numbers mark a significant improvement from the firm’s previous poll, conducted in July, which reported only 44 percent of respondents voting ‘yes’ and 48 percent voting ‘no.’

Two additional polls released last week also emphasize voter support for Prop. 19. A September 22 Public Policy Polling firm survey of 630 likely California voters found 47 percent of likely voters backed 19, versus 38 percent against. The most recent Survey USA poll of 569 California adults reported similar support, with 47 percent of respondents saying that they were ‘certain’ to back the measure, versus 43 percent opposed.

PollTracker.com, a website that posts aggregates results of all of the polls conducted on this issue to date shows Prop. 19 leading by 47 percent to 40 percent.

Speaking of Prop. 19, Dave Borden, Executive Director of StoptheDrugWar.org, recently posted an excellent commentary on the Huffington Post rebutting the myth that passage of Prop. 19 would somehow undermine medical marijuana in California. NORML has addressed this minority (and fallacious) opinion numerous times on this site and on the Audio Stash blog, but Dave really hits it out of the park here.

Prop 19 Would Help — Not Hurt — Medical Marijuana Patients
via Huffington Post

[Excerpt: Read the full text HERE.]

Are they misinformed or deliberately lying? I don’t know anymore.

A group of medical marijuana dispensaries organized as the California Cannabis Association has come out against Prop 19, California’s “Tax and Regulate Cannabis” initiative to legalize marijuana.

The coalition claims that Prop 19′s provisions giving local jurisdictions the power to regulate cannabis sales, including the right to choose whether to allow commercial or other outlets, would enable them to prohibit the sale of medical marijuana to patients, something that under California they currently can’t do.
… The claim is completely false.

… Fortunately, only some medical marijuana people are so shortsighted as to oppose this historic and important measure. Harborside Health Center in Oakland, and the Berkeley Patients Group are among the top quality groups lending their support to Prop 19. But it’s still worth asking, why are some other medical marijuana providers opposing it?

… I say enough is enough. Whether they are doing it deliberately, or out of deliberate ignorance, they should stop spreading misinformation about Prop 19. Shame on the California Cannabis Association. And YES on PROP 19!

I also have added my two cents to this ongoing debate. In particular, I’ve addressed the allegation expressed by the so-called ‘Stoners against Prop. 19‘ (and repeated by others) that argues, “Simply put, the Regulate, Control and Tax Cannabis Initiative does not reflect most people’s ideas of what legalization would be.” Perhaps that may be true for a minority of reformers. But the conflict doesn’t lie with Prop. 19; it lies with some people’s ‘idea of what legalization should be.’

Coming to Terms With Taxation, Regulation, and California’s Prop. 19
via HighTimes.com

[Excerpt: Read the full text HERE.]

This November, California voters will decide on Proposition 19, which seeks to enact the most far-reaching marijuana law reforms anywhere in the United States. The immediate effect of Prop. 19, if passed, would be to provide legal protection to the individual marijuana consumer – that is the estimated 3.3 million Californians who are presently using marijuana for non-medical purposes.

Yet as is apparent by the criticism voiced by some, there’s a minority of folks who wish to define cannabis legalization unconventionally. They would prefer that legalization be characterized as the absence of any regulation whatsoever. It’s ironic because, in truth, it is the present criminal prohibition of cannabis that is an unregulated free for all. Conventional legalization is just the opposite.

It is counter-intuitive for some critics of Prop. 19 to advocate that marijuana be treated in a ‘legal’ manner, but then at the same time demand that it not be subject to regulation. Bottom line: all legal commodities are regulated in some manner and their retail production or sale is subject to taxation.

For example, cell phones are legal to possess and use in California, but if an individual uses his or her cell phone while driving they are subject to legal sanctions and intervention by law enforcement.

Possessing domesticated pets is legal in California and elsewhere, yet certain apartments and home rentals forbid tenants from having pets on the premises. Certain localities have even barred adults from possessing certain pets (e.g., pit bulls) all together.

Water is legal, but it’s a product that is highly regulated by the government. The state taxes private individuals’ water use; it can add components like fluoride to the product without voter consent, and it can even sanction the private individual if their water use is greater than that deemed appropriate by the government (in times of water rationing). Yet, even with these rules and regulations, is there any organized outcry from the public claiming that water, pets, or cell phones ‘aren’t really legal?’

Ditto for the subject of taxation. Gasoline is taxed at the state level, federal level, and there’s also an excise tax that is passed on to the consumer. Same with alcohol. There are a multitude of taxes that are charged to the consumer on his or her phone bill. How about the taxes tacked on to airline travel, which equal nearly 25 percent of the consumer’s total purchase price? The number of specific taxes and regulations sought to be imposed upon marijuana under Prop. 19 are arguably minimal in comparison to the taxes and regulations on many commodities consumers already use every day. In fact, under the proposition, an adult can grow marijuana themselves and avoid any taxes all together.

Is there the possibility that under Prop. 19 some local governments might seek to over-regulate or over-tax certain aspects of the plant’s use or retail distribution? Of course. [Editor's note: And that is why reformers will continue to need to be involved in the local democratic process after 19 passes.] But ultimately, the question is: what is the preferable policy for adult marijuana use – not the Utopian. Right now the state has the power of a gun to seize an adult’s marijuana – even marijuana that is used in the privacy of one’s home – and to sanction that adult with criminal prosecution and a criminal record if their use is for non-medical purposes. Under Prop. 19, an individual would no longer face these criminal sanctions for their private activities, as long as their private use was limited to possession and cultivation within certain limits. That is legalization. And in NORML’s opinion, that is a net gain – not a net loss.

Just Say Now! – NORML Conference 2010 Footage Now Available

The leaves are starting to change color, harvest season is upon us, and fall has officially begun. As the days grow shorter and the temperature gets a bit cooler it is a good time to reflect on the year that was in cannabis law reform.

2010 turned the steady momentum we had built in previous years and amplified it to a near unstoppable force. Nowhere was the enthusiastic spirit more prevalent than at this years annual NORML Conference in Portland, OR. The theme, “Just Say Now!”, was perfectly encapsulated in both the mood and tone of speakers and attendees. With the addition of states such as New Jersey and the District of Columbia to the list of localities legalizing some form of medical use and Proposition 19 only five weeks from the polling booth, there is much to be optimistic about.

The conference’s content reflected this immense progress, but also illuminated the turning point at which we have arrived. It is time for coalition building and outreach, the war on cannabis can only be ended by reaching out to formally overlooked and marginalized groups. These groups, while not necessarily consumers themselves, still suffer from the negative consequences of prohibition and would benefit greatly from its repeal.

Those privileged to attend the conference were treated to some very poignant speeches and discussions. It was hard not to come away impressed by speaking notables such as Alice Huffman of the CA-NAACP, travel guide Rick Steves, musician Greta Gaines, Congressman Earl Blumenauer and Governor Gary Johnson. Fortunately, for those who were unable to attend, we are beginning to populate our YouTube page with new video content captured in Portland. We invite to you visit our site at www.youtube.com/natlnorml and experience some of the conference’s best moments. For now, treat yourself to speeches from show stealers Alice Huffman and Greta Gaines, as well as a recap of the first day of the conference. More will continue to be posted in the coming days.

NORML would like to extend our unending gratitude to all those who contributed to making this event possible. Enjoy the thought provoking speeches and educate others with what you learn. The time has come to liberate cannabis, all we have to do is “Just Say Now!”

California Action Alert: Schwarzenegger Must Decide Marijuana Infraction Measure Next Week!

Outgoing California Governor Arnold Schwarzenegger has until Thursday, September 30, to decide the fate of Senate Bill 1449 — which would reduce adult marijuana possession charges from a criminal misdemeanor to a civil infraction. That gives reformers one final week to lobby for this sensible reform. If you have not yet contacted the Governor in support of this historic legislation, please do so today.

Senate Bill 1449 amends the California Health and Safety Code so that the adult possession of up to 28.5 grams of marijuana is classified as an infraction, punishable by no more than a $100 fine — no court appearance, no court costs, and no criminal record.

Passage of bill would save the state millions of dollars in court costs by keeping minor marijuana offenders out of court. The number of misdemeanor pot prosecutions has surged in recent years, reaching 61,388 in 2008. Adults who consume marijuana responsibly are not part of the crime problem, and the state should stop treating them like criminals.

Governor Schwarzenegger, a Republican, has vetoed several different marijuana law reform bills in the past. Therefore, if you live in California, it is vital that you please e-mail or call Gov. Arnold Schwarzenegger’s office and urge him to sign SB 1449 into law. For your convenience, a pre-written letter will be e-mailed to the Governor when you visit NORML’s ‘Take Action’ Center here.

The Hill: “Failed Marijuana Policies Are a Bi-Partisan Boondoggle”

Texas GOP drug warrior Rep. Lamar Smith (21st District) lashed out at the Obama administration yesterday on Fox News (Watch the video here.) — claiming that the President is ‘soft’ on pot and is refusing to enforce federal drug laws. But as I opine in today’s edition of The Hill.com’s Congress blog, Congressman Smith is fundamentally wrong on both counts.

Failed marijuana policies are a bi-partisan boondoggle
via The Hill

[excerpt: read the full text here]

Law enforcement officials prosecuted a near-record 858,408 persons for violating marijuana laws in 2009 – the first year of the Obama presidency. That total is the second highest annual number of pot prosecutions ever recorded in the United States.

According to the arrest data, made public last week by the Federal Bureau of Investigation, some 88 percent (758,593 Americans) of those charged with marijuana violations were prosecuted for possession only. The remaining 99,815 individuals were charged with “sale/manufacture,” a category that includes virtually all cultivation offenses.

Does any rational person really think that arresting and prosecuting nearly one million Americans annually for their use of a substance that is objectively safer than alcohol exemplifies a ‘soft’ – or better yet, sound – public policy?

Rep. Smith further claims that the administration has abdicated the enforcement of federal drug laws in the fourteen states that have legalized the physician-supervised use of marijuana since 1996. Not so. Despite promises from the U.S. Attorney General to respect the laws of these 14 states, the September 21 edition of DC’s Daily Caller reports that just the opposite is taking place.

In an article entitled, ‘DEA, DOJ stay mum on medical marijuana raids,’ reporter Mike Riggs states: “Despite campaign promises to the contrary, the Department of Justice under President Barack Obama and Attorney General Eric Holder hasn’t stopped raiding marijuana dispensaries operating in states where sale of the drug is legal for medical purposes. But the DOJ has demonstrated one marked change now that it’s under Democratic control: The department has stopped publicizing medical marijuana raids, both by requesting that more cases be sealed under court order and by refusing to distribute press releases.”

The story goes on to cite details of over a dozen recent federal raids of medical marijuana providers in California, Colorado, Michigan, and Nevada – all states that have approved the cultivation and possession of medical marijuana.

Of course, if the stricter enforcement of marijuana laws – as Rep. Lamar advocates – was really the solution to curbing Americans’ appetite for pot then how does one explain this? Since 1965, police have arrested over 21 million Americans for violating marijuana laws; yet according to the World Health Organization more Americans consume marijuana than do citizens of any other country in the world.

… Rather than scapegoating the new administration, which has done little to alter longstanding U.S. marijuana policy, Rep. Smith ought to reconsider the past 40 years of failed drug war policies. … It is time to replace failed marijuana prohibition with a system of legalization, sensible regulation, taxation, and education.“

The Hill’s ever-popular Congress blog ‘is where lawmakers come to blog.’ It’s also where legislators and other politicos come to gauge the pulse of the public. Given that this is a paper of record on Capitol Hill, why not send Rep. Smith and his colleagues a message that their anti-marijuana rhetoric is woefully out of touch with voter sentiment? You can make your voice heard by leaving your feedback here.

If you live in Texas (particularly if you live in the 21st District, which includes the cities of Austin, San Marcos, Kerrville, and San Antonio), you can also contact Rep. Smith directly here.

Pot Couture Gives Mary Jane a Makeover

By Margot, Co-creator potcouture.com

Have you ever had a friend so dear and true that you knew your forces combined could accomplish anything? When Pepper and I became friends, we felt that way almost immediately. We looked out on the future and thought, “This is going to be a blast!” We promptly determined that we would grow old in the same nursing home, live to at least 92, and flirt obscenely with younger men in their 70s. But before that we would be unstoppable, powerful women, taking over the world one brilliant project at a time. Pepper and I carefully reviewed our joint passions and settled on the thing that we loved most in the world after each other and our dear sweet Misters—pot.

PotCouture.com is a labor of love.  Marijuana has brought such wonderful things into both of our lives that we felt compelled to share our stories so that other people could read and share their own. What was initially conceived as a little blog about our pot adventures in New York City evolved into a much bigger venture: the first online magazine developed for stylish, professional women who use marijuana.  While we were researching our project we were both inspired and surprised to realize there were hardly any sites catering to the interests of what we would call “lady stoners.” However, there was one pinpoint of light in the darkness: an excellent article in Marie Claire in 2009 entitled “Stiletto Stoners.” The public response to that article was so positive that we knew we were onto something. So we forged ahead, and in July 2010 we quietly launched Potcouture.com.

Well, it wasn’t quiet on purpose. No one knew we were there. But we believed that in holding up our own little pinpoints in the darkness we were beckoning our fellow lady stoners to “come out of the smoky closet,” as Sabrina Fendrick of the NORML Women’s Alliance would say. We had faith that as other women like us held up their lights in reply, the truth would become profoundly apparent: everybody’s doing it!

I would respectfully assert that one of the larger problems the marijuana legalization movement faces is one of perception. Frankly, Mary Jane needs a makeover. Television and movies consistently portray the marijuana user as a burden on society. You’ve seen variations on the theme: the stereotypical stoner is wrapped in a tie-dye security blanket and passed out on a threadbare couch, one hand in a bag of Doritos and the other clutching the mightiest bong in all the land. In fact, one of the more prevalent and ridiculous arguments against the legalization of marijuana goes something like this:

“We’re in a recession, people! If California legalizes marijuana, the whole left side of the country will pass out at the wheel, leaving the rest of us to shoulder this economy one sober step at a time! Fear! Anger! Gnashing of teeth! Arrrrrrggh!”

But that unconscious dude on the couch isn’t representative of us. In fact, I know a lot of stoners, and that doesn’t resemble any of them. As a professional woman living and working in New York City, I meet people every day who smoke pot for health and relaxation. The image of the unmotivated lump doesn’t begin to portray the ingenuity, persistence, intelligence, and passion embodied in my fellow “lady stoners.”

PotCouture.com is our effort to illuminate the darkness. We are holding it up over our heads as high as we can, answering the other pinpricks we see in the distance, lights like the NORML Women’s Alliance. When we first talked with Sabrina we knew we were meeting a true friend. The activism undertaken by the NORML Women’s Alliance shows integrity, clarity, and reason, and we share their goals to provide a voice and face for female marijuana users who are not accurately represented by mainstream media, or by what has become traditional pot culture.

It is with great happiness and pride that we don our highest heels in solidarity with the NORML Women’s Alliance, holding up our flickering candles with theirs in faith that if others see our collective glow they will join our cause. Opponents to Proposition 19 and other marijuana ballot measures know better than anyone that the stereotypical pothead is a myth, and yet they manipulate that problematic image as much as possible, stretching it as far as it will go. Because the truth we know—and the truth they fear—is that stoners aren’t losers. We’re innovators, entrepreneurs, visionaries, activists and voters. And our forces combined can bring logical, healthy change to the marijuana policies in this country, ending prohibition at long last and implementing safe, reasonable laws for the medical and recreational use of pot.

Join us. Let’s make some light.

Phoenix Cardinals Give $10K Against Arizona Medical Marijuana Initiative

My eyes rolled after reading about the NFL franchise Arizona Cardinals donating $10,000 to maintain the prohibition against physicians recommending medical cannabis based on the bizarre and dishonest excuse that they want a ‘Drug-Free Arizona’. Really? Drug-free?!

Does this mean that this ownership group, which owns other professional sport franchises in Phoenix, is against profiting from the sales of one of the most deadly and addictive ‘drugs’ called beer? I think not…

Also, one would think that the Arizona Cardinal’s ownership would be greater students of recent history and more respectful of the citizen’s will in Arizona, who’ve already twice passed medical cannabis initiatives in 1996 and 1998 (which the legislature recklessly disregarded and never implemented).

Phoenix Business Journal

The Arizona Cardinals are opposing Proposition 203 which could make medical marijuana legal in the state and let chronically ill or severe pain patients buy small amounts of pot from state licensed clinics with a doctor’s approval.

The Cardinals gave $10,000 to Keep AZ Drug Free today, according to the Arizona Secretary of State’s office.

That group opposes 203 saying it could lead to more illegal drug use.

Cardinals team President Michael Bidwill is listed by the anti-203 group as one of the main Valley leaders opposed to medical marijuana legalization. USA Basketball Chairman Jerry Colangelo also is part of the Keep AZ Drug Free group’s efforts.

Arizona voters will decide Prop. 203’s fate in November Arizona would be the 15th state to allow for medical marijuana.

The Cardinals were not able to provide comment on their $10,000 contribution Wednesday evening.

Boston Freedom Rally For Marijuana Legalization: 21 Years And Counting!

At one of the cradles of the American experience with First Amendment principles of peaceful protest, petitioning the government for grievances and political organizing, the 21st annual Boston Freedom Rally will take place today from high noon to 6PM on the historic Boston Commons.

If you live in Massachusetts or the surrounding states of Maine, New Hampshire, Vermont, Rhode Island or Connecticut, come on out to a great day of music, speeches, vending and protest on the Boston Common!

Big Alcohol Backs ‘No on Prop. 19′ Campaign

California campaign finance reports disclose that The California Beer & Beverage Distributors Association is one of the primary financial backers of Public Safety First, sponsors of the ‘No on Prop. 19′ campaign.

Booze Lobby Funding the No on 19 Campaign
via The East Bay Express

The California Beer & Beverage Distributors disclosed it donated $10,000 to defeat Prop 19 — which would regulate and tax marijuana like alcohol. The alcohol lobbyist’s funds will help spread the lie that employers must tolerate stoned employees, and the talking point that ‘California doesn’t need another legal, mind-altering substance.’ Alcohol causes an estimated $38 billion in costs in California each year from emergency room visits, arrests, etc, according to the Marin Institute. There are roughly 3,500 deaths annually from alcohol-related illness and more than 109,000 alcohol-related injuries in California. Conversely, pot caused 181 emergency room visits in 2008, according to a study by the non-partisan RAND Corporation, despite being used by more than four million Californians monthly.

Law Enforcement Against Prohibition spokesperson and retired Orange County, CA. judge James Gray said the booze lobby’s decision was probably financial. The move echoes the tobacco and alcohol industry’s help creating leading drug war group Partnership For a Drug-Free America.

“It was a really wise thing to do from a merchandising standpoint to reaffirm the distinction between a legal and an illegal drug,” he said. “They are protecting their own economic self interest.”

The alcohol lobby’s $10,000 donation to the ‘No on Prop. 19′ campaign is one of the largest monetary donations received by Public Safety First, third only to the $30,000 donated by the California Police Chief’s Association and the $20,500 donated by the California Narcotics Officers Association. (Want to ask PSF campaign manager Tim Rosales why an organization called Public Safety First accepts funding from the pushers of a product that is responsible for immeasurable public safety costs? You can do so by going here.) Last month, the East Bay Express reported total financial contributions to the Prop. 19 campaign were well ahead of those reported for Public Safety First, which at that time had only raised $61,000, with just one citizen donor.

Of course, this isn’t the first time that the The California Beer & Beverage Distributors have targeted their alcohol profits to oppose drug law reform in the Golden State. In 2008, the booze lobby donated a much larger amount — $100,000 in fact — to defeat Prop. 5, The Nonviolent Offender Rehabilitation Act, which among other things would have reduced criminal marijuana possession penalties from a misdemeanor to a non-criminal infraction. (The measure failed 40 percent to 60 percent.) Could it be that the alcohol lobby is fearful of the day when they will have to legally compete with a natural product that is remarkably safe, non-toxic, and won’t leave you with a hangover? Do we even have to ask?

I’ll give the final word to DrugWarRant blogger extraordinaire Pete Guither who says it best, “If you’re opposed to Prop 19, you’re on the side of the narcs, the cartels, the sheriffs, and the booze industry.”