Friday Morning Update — Voters Nationwide Decide Marijuana Law Reform Measures

[Friday morning update!] In California, voters decided 46 percent to 54 percent, against Prop. 19, which sought to legalize the adult possession of limited quantities of marijuana in private, and to allow for local governments to regulate its commercial production and retail distribution. The 46+ percent (3,471,308 million Californians) voting ‘yes’ on Prop. 19 marks the greatest percentage of citizen support ever recorded on a statewide marijuana legalization effort.

Commenting on the vote, NORML Deputy Director Paul Armentano said that marijuana legalization is no longer a matter of ‘if,’ but a matter of ‘when.’

“Social change doesn’t happen overnight, and in this case we are advocating for the repeal of a criminal policy that has existed for over 70 years federally and for nearly 100 years in California,” he said. “We are taking on the establishment and those who have vested interests in maintaining this longstanding failed policy. Yet, despite these odds, we have momentum and an unparalleled coalition of supporters – from law enforcement personnel, to civil rights groups, to organized labor, to lawyers, clergy, and public health professionals. In just a few short months, this campaign moved public opinion forward nationally, and led to the signing of historic legislation here in California that will end the arrest and prosecution of tens of thousands of minor marijuana offenders.”

He continued: “Throughout this campaign, even our opponents conceded that America’s present marijuana prohibition is a failure. They recognize that the question now isn’t ‘Should be legalize and regulate marijuana,’ but ‘How should we legalize and regulate marijuana?’”

He concluded: “In the near future there will be a slew of other states deciding on measures similar to Prop. 19 in their state houses and at the ballot box. And no doubt here in California, lawmakers in 2011 will once again be debating this issue, as will the voters in 2012.”

Backers of the measure have already announced plans for a similar campaign in 2012.

In Arizona, voters are narrowly against Proposition 203, the Arizona Medical Marijuana Act, which would permit state-registered patients to obtain cannabis legally from licensed facilities. But the gap is closing. As of Friday morning, the the race still remains too close to call, with Prop. 203 is trailing by less than 4,000 votes. With as many as 300,000 ballots and provisional ballots left to be counted, it could be several more days before election officials make an official decision. The proposal is sponsored by the Arizona Medical Marijuana Policy Project, an affiliate of the Marijuana Policy Project. Learn more about Proposition 203 here: http://stoparrestingpatients.org/home/.

In South Dakota, voters decided against Measure 13, the South Dakota Safe Access Act, which sought to exempt state criminal penalties for state-authorized patients who possessed marijuana. South Dakota voters had previously rejected a similar proposal in 2006. It is the only state where voters have ever decided against a medical marijuana legalization initiative.

In Oregon, voters decided against Measure 74, The Oregon Regulate Medical Marijuana Supply System Act of 2010, which sought to create 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.

In other election developments that are pertinent to marijuana law reformers, California Democrat Kamala Harris is still narrowly leading Republican Steven Cooley for the office of state Attorney General. As of Friday morning, Harris is leading Cooley by less than one tenth of one percentage point (some 9,000 total votes) with 100 percent of precincts reporting. Yet with over two million ballots still left to count, The L.A. Times today reports, “With such a slim gap, the race for California’s top law enforcement office remained too close to call, and a clear winner may not emerge for days or even weeks.” Cooley is opposed by many marijuana reform organizations, including Americans for Safe Access, for his public opposition to medical marijuana, and his contention that any retail sale of medical cannabis is in violation of state law.

Also, in California, voters approved citywide ordinances in Albany (Measure Q), Berkeley (Measure S), La Puente (Prop. M), Oakland (Measure V), Rancho Cordova (Measure O), Richmond, Sacramento (Measure C), San Jose (Measure U), Stockton (Measure I) to impose new taxes on medical marijuana sales and/or production and businesses licenses. California NORML, along with several other reform groups, specifically opposed the Rancho Cordova measure as an excessive penalty on medical cannabis growers. Groups were divided in their support of many of the other local proposals.

Voters in Berkeley also approved a separate ordinance (Measure T) to permit a fourth medical marijuana dispensary in the city and reconstitute the city’s Medical Marijuana Commission Voters in Morro Bay and Santa Barbara rejected proposed municipal bans on dispensaries.

New Mexico voters elected Republican Susan Martinez to be the state’s next Governor. While campaigning for the office, Martinez voiced opposition to the state’s medical cannabis law, which since 2007 has allowed the state Department of Health to authorize medical marijuana users and third party, not-for-profit providers.

In Vermont, Democrat Peter Shumlin narrowly leads in the Governor’s race, with 91 percent of precincts reporting. While serving as state senator, Shumlin has been an advocate for both medical marijuana and decriminalization.

Connecticut voters have narrowly elected Democrat Dan Malloy for Governor. However, as of Friday morning, his Republican challenger Tom Foley appears ready to legally challenge the vote count. Malloy reportedly supports decriminalizing marijuana for adults, and also supports the legalization of medical cannabis. Malloy’s predecessor, Republican M. Jodi Rell, vetoed legislation in 2007 that would have allowed for the legal use of marijuana by those authorized by their physician.

In Massachusetts, voters in over 70 cities and towns decided favorably 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 weighed in on the questions.

Finally, Dane County (Madison), Wisconsin voters resoundingly backed a non-binding local initiative that asked, “Should the Wisconsin Legislature enact legislation allowing residents with debilitating medical conditions to acquire and possess marijuana for medical purposes if supported by their physician?” Seventy-five percent of voters decided ‘yes’ on the measure. In recent years, Wisconsin has been a highly contested battleground state in the fight for medical cannabis access.

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.

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NORML’s Weekly Legislative Round Up

Below is this week’s summary of pending state legislation and tips on how you can become involved in changing the marijuana laws in your state.

Montana: Legislative hearings were held this week on a pair of bills related to the medicinal use of marijuana. On Tuesday, members of the Senate Judiciary Committee heard testimony regarding Senate Bill 212, which seeks to impose a lifetime ban on qualified medical cannabis patients who commit certain driving indiscretions. NORML opposes this effort and is working closely with Montana Patients & Families United to derail this measure. Committee members are expected to vote on SB 212 as early as tomorrow morning (Friday, January 23), but you still have time to urge lawmakers to vote ‘no’ by visiting here.

On a more positive note, Montana’s House Human Services Committee is expected to vote by next Wednesday (January 28) on House Bill 73, which will allow patients greater access to medical cannabis. You can contact the Committee and urge their support for this common sense proposal here.

Minnesota: Senate File 97, an act to exempt qualified medical cannabis patients from state arrest and prosecution, has been referred to the Health, Housing, and Family Security Committee. Last year, a similar measure gained strong legislative support, but was tabled after last-minute opposition from the Governor. You can voice your support for this year’s proposal by visiting here and here.

New Mexico: The New Mexico Department of Health finalized rules last week governing the production, distribution, and use of medicinal cannabis under state law. The new guidelines specify that state qualified patients may possess up to six ounces of medical cannabis (or more if authorized by their physician) and/or 16 plants (four mature, 12 immature) in accordance with state law. State regulations also authorize non-profit facilities to apply with the state to produce and dispense medical cannabis. State licensed producers may grow up to 95 mature plants at one time. New Mexico is the first state to codify rules for the state-licensed production of medical cannabis by not-for-profit organizations.