Voters Nationwide To Decide On Marijuana Legalization Measures Tuesday

In California, voters will decide Proposition 19, The Regulate, Control and Tax Cannabis Act of 2010, which legalizes the adult possession of limited quantities of marijuana for adults in private, and allows local governments to regulate its commercial production and retail distribution. If passed, the measure would be the most expansive modern law ever enacted regarding the adult use, production, and distribution of marijuana.

Learn more about Prop. 19 here: http://yeson19.com.

In Arizona, voters will decide Proposition 203, the Arizona Medical Marijuana Act, which permits state-registered patients to obtain cannabis legally from licensed facilities. Authorized patients who do not have a state-licensed dispensary in their local area (defined as within 25 miles of their residence) would be permitted under the law to cultivate their own cannabis for medicinal purposes. Other patients would not be allowed to grow their own marijuana.

Learn more about Proposition 203 here: http://stoparrestingpatients.org/home/.

In South Dakota, voters will decide Measure 13, the South Dakota Safe Access Act, which exempts state criminal penalties for state-authorized patients who possess up to one ounce of marijuana or six cannabis plants. Fourteen states and the District of Columbia have enacted medical marijuana laws since 1996; ten have done so by voter initiative.

Learn more about Measure 13 here: http://sdcompassion.org/.

In Oregon, voters will decide Measure 74, The Oregon Regulate Medical Marijuana Supply System Act of 2010, which creates state-licensed not-for-profit facilities to assist in the production and distribution of marijuana to qualified patients. Oregon voters initially authorized the physician-authorized use of marijuana in 1998. Several states, including Colorado, New Mexico, and Maine, have enacted statewide regulations licensing the production and dispensing of medical cannabis.

Learn more about Measure 74 here: http://coalitionforpatientsrights2010.com/.

In Massachusetts, voters in 73 cities and towns will decide November 2 on non-binding public policy questions regarding the taxation of the adult use of marijuana and the legalization of the physician-supervised use of medical cannabis. Approximately 13 percent of the state’s registered voters will be weighing in on the questions. The results will likely influence the language of a proposed statewide, binding ballot measure in 2012.

Learn more about this campaign here: http://www.masscann.org/.

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.

November Ballot Picture Shaping Up To Be Historic In The Struggle To End Marijuana Prohibition

The November election is shaping up to be one of the most important in modern history as it pertains to the struggle to end marijuana prohibition.

Voters in several states will have the opportunity this fall to decide on ballot measures to significantly reform their state or municipal marijuana laws. To date, the following initiatives have been certified to appear on the November ballot:

California: In what is arguably the most significant marijuana law reform measure in several decades, California voters will decide on The Regulate, Control and Tax Cannabis Act of 2010. The measure would allow adults 21 years or older to possess, share or transport up to one ounce of cannabis for personal consumption, and to cultivate the plant in an area of not more than twenty-five square feet per private residence. (Read the full text here.) The act would also permit local governments to authorize the retail sale of marijuana or the commercial cultivation of cannabis to adults and to impose taxes on such sales. Personal marijuana cultivation or not-for-profit sales of marijuana would not be taxed under the measure, nor would it alter or amend any aspect of the California Health and Safety code pertaining to the use of marijuana for medical purposes.

According to the most recent statewide poll on the issue, Californians support the measure 49 percent to 41 percent.

South Dakota: South Dakota voters will decide this November on Measure 13, The South Dakota Safe Access Act — which would exempt state criminal penalties for the possession of up to one ounce of marijuana or six plants by authorized patients. (Read the full text here.) If enacted, South Dakota would become the fifteenth state since 1996 to legalize the medical use of marijuana.

Oregon: Voters are anticipated to decide this November on a statewide measure to authorize the creation of non-profit medical marijuana dispensaries, which would be legally able to distribute cannabis provided by private growers. (Read the full text here.) Proponents of the measure turned in over 110,000 signatures in favor of the act to the Secretary of State Elections Division in May, and are awaiting certification.

In 2009, Maine voters became the first to approve a ballot measure authorizing medical marijuana dispensaries. Oregon voters initially approved the legalization of medical marijuana in 1998.

Arizona: Election officials on Tuesday affirmed that proponents of a statewide ballot measure to allow for authorized patients to possess and purchase medical cannabis from state-licensed facilities has qualified for the 2010 November ballot. (Read the full text here.) Under the proposed measure, state-registered patients would be permitted to obtain cannabis legally from licensed dispensaries. Authorized patients who do not have a facility in their local area (defined as within 25 miles of their residence) would be permitted under the law to cultivate their own cannabis for medicinal purposes. Other patients would not be allowed to grow their own marijuana.

The ballot measure is sponsored by the Arizona Medical Marijuana Policy Project, an affiliate of the Marijuana Policy Project.

Detroit, Michigan: Detroit citizens are expected vote this November on a municipal measure to prohibit the criminal prosecution of adults who possess minor amounts of marijuana. If enacted, the measure would amend the Detroit City Code to remove criminal penalties for “the use or possession of less then one ounce of marijuana, on private property, by anyone who has attained the age of 21 years.” Voters have previously enacted similar municipal measures in several other cities, including Denver, Colorado.

Washington: Sensible Washington proponents continue to collect signatures in favor of I-1068, which would remove state civil and criminal penalties for persons eighteen years or older who cultivate, possess, transport, sell, or use marijuana. (Read the full text here.) To qualify the act for the November ballot, supporters must turn over 241,000 valid signatures by July 2, 2010.

According to a poll of 1,252 registered voters conducted last week, 52 percent of adults support the measure, and only 35 percent oppose it.

Oregon: Proponents of The Oregon Cannabis Tax Act (OCTA) must turn in over 110,000 signatures by July 2 to qualify the measure for the November 2010 ballot. OCTA seeks to permit the state-licensed production and sale of marijuana to adults. Oregon NORML is sponsoring the campaign, and is seeking volunteers here.

NORML will continue to keep you updated as additional statewide or municipal ballot proposals qualify to the November ballot.

Medical marijuana’s not getting any better – the time for RE-legalization is NOW!

Author’s update: the graphics in the post below have been updated to correct some minor mistakes, such as dated information that left out Rhode Island and Maine’s dispensaries and Oregon’s recent acceptance of Alzheimer’s agitation as a qualifying condition. Also, I have outlined Oregon’s attempt at legalization through the OCTA petition as it could be reasonably said to be as far along or farther along than Washington’s I-1068. I regret my errors.

Marijuana Law Reform in 2010 (March Update)

With New Jersey recently becoming the 14th medical marijuana state, activists in marijuana law reform have been celebrating. After all, over 82 million Americans now live in states where medical use of marijuana is legal – that’s 27% of the US population! Last election, Massachusetts became the 13th decriminalization state, which means over 107 million Americans live in a state where possession of small personal amounts of marijuana no longer merit an arrest – that’s 35% of the US population.

Population of States with Medical Marijuana Laws

Population of States that have Decriminalized Marijuana

However, after watching fourteen years of marijuana activism focused solely on those who use cannabis for medicine, I must warn activists that medical marijuana is not getting any better and the time for re-legalization of cannabis for all adults – even the healthy ones – is now.

Comparison of five core rights found in existing medical marijuana law

California legalized medical marijuana in 1996. That initiative, Prop-215, established what is clearly the most liberal medical marijuana statute to date:

• A doctor can recommend for any condition;
• You needn’t have a “bona fide” doctor/patient relationship;
• Dispensaries are allowed;
• Self cultivation is allowed;
• Patients are protected from arrest.

Comparison of plant and possession limits and qualifying conditions in medical marijuana law

If we consider these five attributes of the law the baseline, then in the past fourteen years, all thirteen medical marijuana states that have followed have failed to achieve all five. Eight states only offer three or four of those liberties and the rest offer two or only one. Most disturbingly, the right of patients to grow their own medicine (or have a caregiver do it for them), which has been a bedrock principle in medical marijuana law, was taken away from patients in the most recent medical marijuana state, New Jersey. Bills that were considered but vetoed in 2009 in Minnesota and New Hampshire, and those moving forward in New York, Pennsylvania, as well as an initiative in Arizona, all sacrifice this core right.

New Jersey - The (No Medical Marijuana) Garden State

A comparison of plant and possession limits also shows the decline from the original starting point in California, where 12 plants and 8 ounces are allowed. Oregon and Washington passed their laws next and have the highest statutory limits: 24 plants and 24 ounces in Oregon and 15 plants and 24 ounces in Washington. (To be fair, all the West Coast states started with lower limits or more vague limits that were modified by the legislature.) But since then, only one state has allowed more than 3 ounces (New Mexico with 6 ounces) and average number of plants allowed is a little less than ten.

The "Big 8" Conditions for which marijuana is recommended in the states

Another decline in medical marijuana freedom appears when we look at the conditions for which medical marijuana protection is afforded in the various states. There are eight conditions which could be considered the “standard” ones: cancer; HIV/AIDS; seizure disorders, like epilepsy; spastic disorders, like multiple sclerosis; glaucoma; chronic nausea; cachexia; and chronic pain. Most medical marijuana states recognize all eight conditions; a couple (Vermont and Rhode Island) recognize seven of eight.

Other conditions recognized in state medical marijuana laws (not a complete list)

The latest law in New Jersey, however, eliminated chronic pain, chronic nausea, and cachexia, making it the most restrictive list in the nation. The bill proposed but vetoed in New Hampshire required one to try all other remedies for chronic pain before trying medical marijuana. The vetoed Minnesota bill wouldn’t even allow cancer and HIV/AIDS patients to use medical marijuana unless they could show they were terminal (about to die). The lists in the latest proposed bills continue to become more restricted.

Until we do have legalization for all, every medical marijuana law is going to fail to adequately serve all medical users and subject them to increasing restriction and scrutiny. Additionally, medical marijuana laws make patients an attractive target for criminals because prohibition maintains huge profits for stolen medical cannabis, as well as becoming targets for overzealous anti-marijuana cops and prosecutors.

(more…)

Marijuana Legalization Zeitgeist In America To Continue Into 2010: Federal Government Lags Behind The States

Already Four States Have Marijuana Legalization Bills In Play; Californians To Vote On Legalization in 2010

It can readily be said that 2009 was one of the busiest and most productive years in cannabis law reform since NORML’s founding in 1970. However, it appears as if 2010 is going to be an even busier year–notably marked by the increasing number of actual state legalization bills and a voter initiative in America’s most important state.

Currently, there is legalization legislation pending in California, Massachusetts, Vermont, and a legalization bill was just introduced this week in Washington. Frankly, most of these bills do not have a strong prospect in passing this time out, however the immense public discussion that is generated is crucial for overall reform efforts.

The formula is simple: No public discussion or debate about legalization, obviously equates to no substantive law reforms. This is what regrettably happened in the United States, Canada and Europe from 1980-2000, buttressed by extreme federal anti-marijuanism in the form of the DARE program in the public school, the blitzkrieg of Partnership for a Drug-Free America ads polluting media airwaves and omnibus federal crime bills overloaded with severe and costly penalties (i.e., mandatory minimum sentencing, civil forfeiture, mass drug testing, etc…). However, since the turn of the century, there have been ever-increasing public discussions and debates about marijuana prohibition–principally driven by the creation and implementation of medical cannabis laws in thirteen states–which is leading to greater public support for reform.

Breaking News: NORML has just learned that the TaxCannabis2010 initiative in California has gathered more than enough signatures to qualify for the 2010 ballot and the announcement of such is imminent (like, this week!).

This coming year the following states will have numerous cannabis law reform legislation or initiatives:

Medical Cannabis

State legislation: MN, IL, MO, OH, TN, MD, NC, PA, DE, OH, WI, NY, CT, MA, NH and TX; NJ has a special legislative session going on right now until January 7, 2010 where a pro-reform medical cannabis bill is pending and the outgoing Governor assures a signature to passed legislation.

Voter Initiatives: AZ

Cannabis Legalization

State legislation: VT, MA, WA; CA’s legalization bill (AB 390) will kickoff a smoking hot year in cannabis law reform with a series of planned subcommittee hearings and testimonies currently scheduled for the first week in January.

Voter Initiatives: TaxCannabis 2010 appears ballot bound and this means that Californians will have the opportunity on November 9, 2010 to effectively end cannabis prohibition in the United States, and arguably most of the of the civil world. Also, Nevada and Oregon voters may also be voting on cannabis legalization initiatives in 2012.

In a country where one out of eight citizens live in a particularly state, and that state’s citizens democratically vote to end cannabis prohibition and replace it with tax-and-control measures, it is only a matter of time before a number of other states follow suit, then the federal government must end it’s failed three-quarter of a century social experiment of cannabis prohibition.