Colorado: Yet Another City Votes To Remove Marijuana Penalties

Fewer than 2,000 people reside in the mountain town of Nederland, Colorado — located west of Boulder. Nonetheless, Tuesday’s ‘small town’ vote in favor of a local ordinance eliminating all criminal and civil penalties for the adult personal use of marijuana is no doubt representative of the rising tide of national popular opinion in favor of cannabis legalization.

For the record, Nederland is the third Colorado city in recent memory to vote to remove marijuana possession penalties — following Breckenridge in 2009 and Denver (2007 and 2005) — and it most certainly won’t be the last.

Nederland votes to remove penalties for marijuana
via Fox News

NEDERLAND, COLO. — Voters in the town of Nederland voted on Tuesday and approved a ballot measure that removed all local penalties for private adult marijuana possession, making the mountain town the third Colorado locality to legalize marijuana in the past five years.

Denver voters adopted a citizen-initiative to do so in November 2005, and voters in Breckenridge approved a similar measure in November 2009.

More than 54 percent of Nederland voters supported the measure in what Town Clerk Christi Icenogle said was a high turn-out election.

Voters also ousted incumbent Mayor Martin Cheshes, who had vocally opposed the measure and referred to it as “foolish,” replacing him with Trustee Sumaya Abu-Haidar.

Prior to the announcement of the vote, the Boulder District Attorney Stan Garnett told The Daily Camera: “I’ll pay attention if it passes. Marijuana enforcement is a sensitive issue, and it’s important to gauge public sentiment.”

… Durango, which voted largely in support of the statewide initiative to legalize marijuana in 2006, will likely to vote on a similar local marijuana legalization initiative this November.

A recent poll of likely Colorado voters found that 50 percent now support making marijuana legal for adults and regulating it like alcohol.

NORML’s Weekly Legislative Round Up

It’s January 2010, and that means it is time once again for NORML’s Weekly Legislative Round Up — your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and make the changes they want to see. We can’t do it without you.

Virginia: Members of the Virginia House Courts of Justice, Criminal Subcommittee are scheduled to hear testimony on Wednesday in favor of House Bill 1134, which seeks to dramatically reduce the state’s marijuana possession and cultivation penalties. Representatives from NORML’s national staff and state affiliate will be in attendance and testifying in support of this measure. You can read NORML’s written testimony to the subcommittee here; NORML’s letter in yesterday’s Washington Post appears here.

Virginia residents are urged to contact their House delegates today. If your delegate is one of the members of the House Courts of Justice, Criminal Subcommittee, then it is especially important that he or she hears from you today. Phone and e-mail contact information for these members is available here. A pre-written letter will be e-mailed to your Virginia state House member when you go here. Finally, those seeking to attend Wednesday’s hearing in Richmond should contact Sabrina at Virginia NORML at: sabrina@norml.org for further information. You can also track the legislative progress of this effort on Facebook at: http://www.facebook.com/vanorml.

New Hampshire: Lawmakers on the House Criminal Justice and Public Safety Committee held hearings last week on two pending proposals, HB 1652 (legalization) and HB 1653 (decriminalization). You can read NORML’s written testimony in favor of these measures here, and you can voice your support for these efforts here. You can also watch video highlights (and lowlights) from last week’s hearing, care of our friends at New Hampshire Common Sense, by clicking here.

Colorado: Members of the Colorado Senate, Health and Human Services Committee are scheduled to hear testimony Wednesday morning regarding proposed state regulations to Colorado’s medical marijuana law. You can read more about these controversial guidelines here, here and here, and you can contact members of the Committee here.

Washington: House Committee lawmakers rejected a pair of marijuana law reform proposals last week that sought to remove criminal penalties for the adult, personal use of marijuana. You can see how House members voted here. A Senate companion bill to decriminalize marijuana possession, SB 5615, still awaits floor action and can be supported by going here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

[UPDATE!!! For folks interested in the progress of New York's pending medical marijuana legislation, there's this report from today's New York Times.]

Marijuana Law Reform Is A Political Opportunity — Not A Political Liability

Last January I proclaimed in the The Hill‘s Congress blog: “Marijuana law reform is no longer a political liability; it’s a political opportunity.” Ten months later it appears that an unprecedented number of state-elected officials are heeding the message. Here’s just a sample.

COLORADO: Last week the Commission on Criminal and Juvenile Justice recommended legislators to substantially reduce marijuana penalties so that the possession of up to four ounces of pot would classified as a petty offense. Offenses involving greater amounts of cannabis (up to 16 ounces) would be reduced to a misdemeanor. State Attorney General John Suthers told the Denver Post that he supports the Commission’s recommendations which, if enacted, would make Colorado’s pot possession laws among the most lenient in the nation.

RHODE ISLAND: A special nine-member Senate panel met for the first time this week to debate revising the state’s criminal marijuana policies. The panel’s chair, Democrat Sen. Joshua Miller, said that the task-force will primarily focus on the subject of decriminalization, but that members will also likely debate the merits of taxing a regulating the adult use of cannabis. The panel’s recommendations to the legislature are due on January 10, 2010. In 2009, Rhode Island’s legislature became only the second to approve legislation licensing the establishment of medical cannabis dispensaries.

WISCONSIN: Democrat Gov. Jim Doyle recently announced his support for legislation that seeks to make Wisconsin the fourteenth state to allow for the legal use of medical cannabis. Both the Assembly and the Senate Public Health Committees are scheduled to hear testimony in favor of the legislation, known as the Jacki Rickert Medical Marijuana Act, on Tuesday, December 15, 2009.

WASHINGTON: Incoming Seattle city attorney Peter Holmes announced this week that his office will no longer charge anyone with simple marijuana possession offenses. “We’re not going to bring any more (marijuana possession) charges,” he said. There are other more important, more pressing public safety matters in need of attention with the limited resources we have.” Holmes added that he supports legislation that stalled in 2009 that seeks to depenalize marijuana. Those proposals are expected to be heard by the legislature in 2010.

PENNSYLVANIA: Next month legislators will hold their first hearing — ever — on legalizing the use of medical cannabis. The House Committee on Health and Human Services will hear testimony on HB 1393, The Barry Busch Compassionate Use Medical Marijuana Act of 2009, on Wednesday, December 2, at 11am in Room 140 of the Main Capitol. Contact Philly NORML for further details.

ARKANSAS: Democrat Senator Randy Laverty announced this week that he is considering introducing legislation to lessen or eliminate criminal penalties for marijuana possession offenses. Legislators in several other states, including New Hampshire and Texas, are also expected to debate marijuana legalization proposals in 2010.

CALIFORNIA: In the coming months legislators are expected to hold additional hearings on Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to tax and regulate the commercial production and retail sale of cannabis to those age 21 or older. The California Assembly Committee on Public Safety is anticipated to vote on the measure by late January. The vote will mark the first time that California, or the legislature of any state, has voted on the issue of cannabis regulation in over three decades.

By any standard, 2010 will be a historic year for legislative activity regarding marijuana law reform. Will you play a role in bringing common sense marijuana regulations to your community? Get active, get NORML, and be the change you want to see!

The Voters Have Spoken — Again!

Conventional wisdom dictates that if the people lead then our political leaders will follow. Of course, when it comes to marijuana law reform, conventional wisdom seldom applies.

In a result that should come as a surprise to nobody — except for perhaps certain members of law enforcement and state lawmakers — Maine voters today overwhelmingly approved Question 5, the Maine Marijuana Medical Act. The measure amends existing state law by: establishing a confidential patient registry, expanding the list of qualifying conditions for which a physician may recommend medicinal cannabis, and by allowing for the creation of non-profit state-licensed nonprofit dispensaries to assist in the distribution of medical cannabis to qualified patients.

Of course for anyone following this issue, the result should not come as a surprise. Voters at the polls overwhelmingly approve marijuana law reform — virtually every time they have the opportunity to do so. Yet, over and over again voters have this opportunity because their cowardly elected officials continue to inexplicably punt on the issue.

In Maine, for instance, lawmakers voted unanimously in April to put this issue before the voters rather than legislating it themselves. They did so even though state voters had previously (and by more than 60 percent) approved patients’ rights to use medical marijuana, and despite the fact that the current proposal had virtually no organized opposition aside from law enforcement.

It was the same story in Colorado, where over 70 percent of Breckenridge voters elected today to amend the town code to remove all criminal and civil penalties, including fines, on the private possession of up to one ounce of marijuana. Should anyone have been surprised? Not really. Over 70 percent of local voters said ‘yes’ to a similar statewide (but unsuccessful) measure in 2005. Nonetheless, this past August the Breckenridge Town Council elected to dodge the issue when it came up for a vote — opting instead to send it before the voters.

Elsewhere in Colorado today, state police and politicians were conspiring to halt the proliferation of medical marijuana dispensaries. Law enforcement and local politicians are engaging in similar efforts in southern California.

Yes, you read that right: cops and politicians are trying to undermine the very same reforms that the public today just embraced.

When will they ever learn?

Marijuana Is More Mainstream Than Ever, So Why Is Legalization Still Taboo?

As voters in several states head to the polls today to decide Governor and city council races it seems appropriate to ask: “Why are most politicians still inexplicably silent on marijuana law reform?”

The recent legislative hearings on cannabis regulation in Massachusetts and California notwithstanding, the fact remains that these debates are the exception, not the rule. In fact, voters in Maine and Colorado will decide on marijuana law reform ballot proposals today (Note: Check back here tonight for the results.) precisely because their elected officials outright refused to vote on the issues when they were put before them.

In short, prominent politicians continue to run away from sensible marijuana law reforms at the same time that the public is demanding them. Two longtime NORML allies, former High Times editor Steve Wishnia and former NORML Board Member Richard Evans, recently explored this phenomenon and offer some insight and possible explanations:

Pot Is More Mainstream Than Ever, So Why Is Legalization Still Taboo?
via Alternet.org

Almost every voter under 65 in this country has either smoked cannabis or grew up with people who did. Among its erstwhile users are the last three presidents, one Supreme Court justice and the mayor of the nation’s largest city. The pot leaf’s image pervades popular culture, from Bob Marley T-shirts to billboards for Showtime’s Weeds.

So why is actually legalizing it still considered a fringe issue? Why haven’t more politicians — especially the ones who inhaled — come out and said, “Prohibition is absurd and criminal. Let’s treat cannabis like alcohol”?

… One reason for the lack of urgent political pressure, says Deborah Small of Break the Chains, is that the people most likely to get busted for pot are the ones who “don’t have a political voice” — young people of color from poor neighborhoods.

… Washington State Sen. Jeanne Kohl-Welles says that many legislators, particularly in the state’s more conservative rural areas, “buy into the cultural stereotypes about marijuana,” such as the idea that it’s a gateway to harder drugs. The Seattle Democrat, who is sponsoring a bill to reduce the penalty for less than 40 grams of pot from a misdemeanor to a civil infraction, says … that law enforcement has largely opposed her decriminalization bill.

Writing locally in the Massachusetts Daily News Tribune, Evans questions why none of the state’s major party candidates have reached out to the 65 percent of state voters who elected last year to decriminalize marijuana possession statewide.

The Senate race and marijuana prohibition
via The Daily News Tribune

Odd, isn’t it, that all the U.S. Senate candidates, and the people who ask them questions trying to elicit their positions on issues people care about, seem to have forgotten that in the last election, a whopping 65 percent of the voters went for marijuana decriminalization?

If that many voters care about the marijuana laws, why do these candidates, who claim to have their fingers on the public pulse, ignore the subject?

… Politicians report little “noise” on this issue, mistaking silence for indifference, not fear. People are justifiably fearful about writing a letter, showing up on a mailing list, even sending an email with the “m” word in it. They have to be very careful about their jobs, their drivers licenses and the kids in school whose parents will talk. But put them in the privacy of a voting booth, and stand back!

… No living person is responsible for the marijuana prohibition laws. They were conceived three generations ago in a cultural and racial climate far different from our own, and very different from that to which we aspire.

Are we ready for a serious, sober discussion about repeal, without the usual winks, smirks and puns? Can we handle it? Will someone lead it?

And finally, speaking of “serious discussions,” it doesn’t get much more serious — and mainstream — than the persuasive and well-articulated arguments from longtime NORML-ally Jessica Corry, who has an amazing ability to tongue-tie both probitionists and Fox News hosts within three minutes! I’m just glad that she’s on our side.