Legalization Initiatives on the 2014 Ballot
As we approach the midterm elections this November 4th, it is important that everyone understand the right to vote is both a privilege and a responsibility of citizenship that should not be overlooked. Not only do we have federal, state and local candidates on the ballot, but even more important for marijuana smokers, we will have full legalization proposals on the ballot in Alaska and Oregon; a more complete version of decriminalization on the ballot in the District of Columbia; a medical use proposal on the ballot in Florida (the first southern state to vote on medical use); and a number of municipal proposals on the ballot in several cities in Michigan and Maine.
This is a wonderful opportunity to move legalization forward, to continue to build our political momentum, and to win back a measure of personal freedom in our lives. If you smoke marijuana, but do not vote, then don’t complain down the road when you are busted, lose your job or otherwise become a victim of marijuana prohibition.
To Read the Balance of this column, please go to Marijuana.com.
As we approach the annual Boston Freedom Rally in mid-September, held on the historic Boston Common, I thought it might be a good time for me to share with the readers the details of a bust I experienced, along with High Times associate publisher Rick Cusick, for sharing a joint at the combined NORML/High Times booth at the 2007 Freedom Rally.
The reality is that marijuana smokers remain the target of aggressive and misguided law enforcement activities in most states today. They read about the newly-won freedoms in a handful of states, and dream of the day when their state laws will become more tolerant; but they are still being busted in large numbers and have to worry that next knock on the door may be the police with a search warrant, about to destroy their homes and wreck their lives, looking for a little weed.
In fact, 749,825 Americans were arrested on marijuana charges in 2012 (the latest arrest figures that are available), and approximately 87% of those arrests (658,231) were for simple possession for personal use; they were just marijuana smokers, not traffickers. Another marijuana smoker is arrested every 48 seconds in this country!
And for each of these unfortunate souls unfairly caught-up in the criminal justice system, the experience is personally frightening and alienating, even if they manage to avoid a jail sentence (and far too many still go to jail).
But my story is a little different; a story of two old men arrested for sharing a joint at the Freedom Rally, with the court subsequently trying to dismiss the charges, but the defendants demanding to go to trial.
Nearly 60 percent of Americans support regulating cannabis in a manner similar to alcohol, according to an analysis of over 450,000 online responses collected by the online polling data company CivicScience over a nearly two-year period.
Fifty-eight percent of respondents said that they would support “a law in [their] state that would legalize, tax, and regulate marijuana like alcohol?” Thirty-five percent of respondents said that they would oppose such a change in law.
An analysis of responses provided within the past three months found even stronger support for legalization, with 61 percent of those polled endorsing marijuana law reform.
Democrats, men, and those respondents between the ages of 25 to 34 were most likely to support regulating cannabis.
Though the CivicScience survey is not a scientific poll, its findings are similar to those previously reported by Gallup in 2013. In that poll, 58 percent of respondents similarly backed legalizing marijuana. More recently, in April, national polling data published by the Pew Research Center reported that 54 percent of Americans support legalizing the plant.
When one looks at many other important public policy debates in this country, at some point the courts can and must step in to render a decision that changes the entire debate, and corrects an injustice with the stroke of a pen. In our system of government, the courts have co-equal standing with the legislative and the executive branch, and can overrule an offensive or unfair policy based on Constitutional principles.
Perhaps the most important example of these modern decisions was Brown v. Board of Education, in 1954, in which a unanimous Supreme Court overruled the separate-but-equal policy of racial segregation in public schools, finding “separate educational facilities are inherently unequal” and declared the policy as a violation of the Equal Protection Clause of the Fourteenth Amendment, paving the way for integration. Next came Griswald v. Connecticut, in 1965, when the Supreme Court first identified a Constitutional right to privacy, overturning laws making the use of birth control a crime . Although the Bill of Rights does not explicitly mention “privacy”, Justice William O. Douglas wrote for the majority that the right was to be found in the “penumbras” and “emanations” of other constitutional protections.
Similarly, in 1967 the Supreme Court struck down state laws known as miscegenation laws, that made it a crime for interracial couple to marry, finding those laws a violation of both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. And in 1973, in Roe v. Wade, the court, based on the right to privacy found in the Fourteenth Amendment, ended the ban on abortions, permitting a women to decide whether to terminate her pregnancy.
For the rest of this column, please jump to Marijuana.com.
Our friends at High Times (and former NORML director Dr. Jon Gettman) are running an online poll asking for consumers’ choice regarding the preferred marijuana distribution that emerges post-prohibition.
Legal Marijuana: Which Market Do You Prefer?
As we approach the new inevitability of legalized cannabis, three models have been proposed for a national marijuana market.
By Jon Gettman
In the past, the goal of marijuana legalization was simple: to bring about the end of federal prohibition and allow adults to use the plant without threat of prosecution and imprisonment. But now that legalization is getting serious attention, it’s time to examine how a legal marijuana market should operate in the United States.
Below are descriptions of the three kinds of legal markets that have emerged from various discussions on the subject. We would like to know which one you prefer.
First, though, let’s touch on a few characteristics that all of these proposals share. In each one, the market has a minimum age for legal use, likely the same as the current age limits for alcohol and tobacco. In each of these legal markets, there will be penalties for driving while intoxicated, just as with alcohol use. You can also assume that there will be guaranteed legal access to marijuana for medical use by anyone, regardless of age, with a physician’s authorization. The last characteristic shared by all three mar- kets is that there will be no criminal penalties for the adult possession and use of marijuana.
Under this approach, there would be no commercial marijuana market allowed. Marijuana would be grown and processed for sale under government contracts, supervised and/or managed by a large, government-chartered nonprofit organization. Marijuana would be sold in state-run retail outlets (similar to the state-run stores that have a monopoly on liquor sales in places like Mississippi, Montana and Vermont, among others), where the sales personnel will be trained to provide accurate information about cannabis and its effects. Products like edibles and marijuana-infused liquids with fruity flavors would be banned out of a concern that they can encourage minors to try the drug. There would be no advertising or marketing allowed, and no corporate or business prof- its. Instead, the revenue earned from sales would pay for production costs and the operation of the state control organization; the rest of the profits would go to government-run treatment, prevention, education and enforcement programs. Regulations would be enforced by criminal sanctions and traditional law enforcement (local, state and federal police). No personal marijuana cultivation would be allowed. The price of marijuana would remain at or near current levels in order to discourage underage use.
Limited Commercial Market
Under this approach, the cultivation, processing and retail sale of marijuana would be conducted by private companies operating under a limited number of licenses issued by the federal government. Advertising and marketing would be allowed, but they would be regulated similar to the provisions governing alcohol and tobacco promotion. Taxation would be used to keep prices at or near current levels in order to discourage underage use. Corporate profits would be allowed, and tax revenues would be used to fund treatment, prevention, education and enforcement programs. Regulations would be enforced by criminal sanctions and traditional law enforcement (local, state and federal police). No personal marijuana cultivation would be allowed.
Regulated Free Market
Under this approach, entrepreneurs would have open access to any part of the marijuana market. Cultivation, processing and retail operations could be legally undertaken by anyone willing to bear the risks of investment and competition. Advertising and marketing would be allowed, but they would be regulated similar to the provisions governing alcohol and tobacco promotion. Prices would be determined by supply and demand, with taxation set at modest levels similar to current taxes on alcohol, tobacco and gambling. (These vary widely from state to state, but assume that under this model, the price of marijuana would be substantially lower than it is in the current market.)
Also, home cultivation would be allowed. Licenses may be required for any sort of cultivation, but these would be for registration purposes only and subject to nominal fees based on the number of plants involved. Individuals and corporations would be allowed to make whatever profits they can through competition. Tax revenues would fund treatment, prevention, education and enforcement programs. Competition and market forces would structure the market rather than licenses or government edicts, and regulatory agencies rather than law enforcement would supervise market activity.
A Different Approach
There are two key issues when it comes to deciding among these proposals. First, should the price of marijuana be kept high through government intervention in order to discourage underage use as well as abuse? Second, does commercialization translate into corporate money being spent to convince teenagers to use marijuana? Many of the proposals for how a legal market should operate are based on assumptions about these two issues, which leads to recommendations that the government must, one way or another, direct and control the marijuana market.
Obviously, the first two proposals outlined above reflect those very concerns. The third takes a different approach, in which marijuana is treated like similar psychoactive commodities, and the public relies on education, prevention and age limits to discourage underage use as well as abuse.
We want to know what type of legal marijuana market you prefer. Please take part in our poll on the HIGH TIMES website.