“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 we legalize and regulate marijuana,’ but ‘How should we legalize and regulate marijuana?’”

A just-released, comprehensive post-election poll of California voters strongly supports this sentiment, and further points towards the likelihood of passing a successful marijuana regulation measure in 2012.

Among some of the polls findings:

* Fifty percent of California voters, regardless of how they voted on Prop. 19, “think the use of marijuana should be made legal.”

* Further, of those voters who rejected Prop. 19, more than 30 percent believe that “marijuana should be legalized or penalties … should be reduced.”

* A majority of Californian voters (52 percent to 37 percent) believe “laws against marijuana do more harm than good.”

* Finally, the poll reaffirms that victory at the ballot box comes down most of all to voter turnout. The survey reports, “If youth had comprised the same percentage of the electorate on Tuesday as they do in Presidential election years, Prop. 19 would have been statistically tied.”

You can read more here:

Despite rejecting Prop. 19, Californians lean toward legalizing marijuana, poll finds
Via The Los Angeles Times

California voters rejected Prop. 19, but a post-election poll found that they still lean toward legalizing marijuana for recreational use and, if young voters had turned out as heavily on Tuesday as they do for presidential elections, the result would have been a close call.

The survey, conducted by the polling firm Greenberg Quinlan Rosner, suggests that California voters had qualms with this initiative, but remain open to the idea. A majority, 52%, said marijuana laws, like alcohol prohibition, do more harm than good.

“There’s a fair amount of latent support for legalization in California,” said Anna Greenberg, the firm’s senior vice president. “It is our view, looking at this research, that if indeed legalization goes on ballot in 2012 in California, that it is poised to win.”

Voters think marijuana should be legalized, 49% to 41%, with 10% uncertain, the poll found, but were evenly split over whether they thought it was inevitable in California.

“The question about legalizing marijuana is no longer when, it’s no longer whether, it’s how,” said Ethan Nadelmann, the executive director of the Drug Policy Alliance. “There’s a really strong body of people who will be ready to pull the lever in the future.”

… The poll also found that a quarter of those who voted on Proposition 19 had considered voting the other way, suggesting that a different initiative or a different campaign could change the result.

“We have fluidity,” Greenberg said. “The issue does not have the kind of hard and fast kind of polarization that we’ve seen with other so-called moral or social issues.”

Among voters who opposed Prop. 19, 31% said they believe marijuana should be legalized or penalties reduced, but they objected to the some specifics of the initiative.

The poll did not probe what it was about the measure that did not appeal to these voters. “Among the no votes, we’re seeing a significant proportion who we believe will ultimately support marijuana legalization in the future,” Nadelmann said.

Prop. 19 would have allowed adults 21 and older to grow up to 25 square feet of marijuana or possess up to an ounce. But it also included a provision to protect marijuana users from discrimination that opponents, including the Chamber of Commerce, ridiculed. They claimed it would allow nurses and bus drivers to come to work stoned, which the campaign disputed.

The poll found some evidence that this issue may have cut into the initiative’s support. Voters said by 50% to 44% that employers should have the right to fire workers who test positive for marijuana even if they arrive sober and ready to work.

The initiative was the brainchild of Richard Lee, a medical marijuana businessman in Oakland who paid professionals to draft the measure and made the key decisions on its approach.

Lee chose to give cities and counties the power to approve marijuana sales, not the state Legislature, a system that would allow a patchwork approach much like medical marijuana. The poll suggested that voters prefer that local control approach, finding that 44% trust city and county governments more to control marijuana, while 38% trust state government more.

Greenberg Quinlan Rosner surveyed 796 voters who participated in the election by phone between Oct. 31 and Nov. 2. The poll has a margin of error of plus or minus 3.5 percentage points.

In short, the key now isn’t to convince voters that marijuana prohibition is a failure, but to find a consensus among voters regarding what is the best alternative.

We begin with the PBS NewsHour and their fine report featuring the Honorable Rebecca Kaplan from the Oakland City Council and Richard Lee, the founder of Oaksterdam University. For balance (I suppose) they also interview the police chief of El Cerrito, California, who provides the obligatory doses of “reefer madness” at around the 5:00 mark.

Once again, I have to ask the cop at the end of the piece: How many people who don’t smoke pot now are going to start smoking pot once it is legal, and how much is that going to cost? Whatever it is, make the tax on pot equal to that amount, minus the expenditures we’ll save on not arresting people and sending helicopters on weeding missions, and we’ve covered the costs! (Actually, since Miron estimates that we’d reap in revenues and savings around $14 billion annually from legalized pot nationally, you have to convince us that the brand new legal pot smokers who aren’t already smoking now would cost society more than that.)

We’re still trying to figure out how you inject marijuana (from Newsweek photo essay on pot propaganda)

That stupid retort that legal weed will cost society more than the taxes only works if you believe that nobody is smoking weed now and suddenly when it’s legal, everyone will smoke weed. 22,000,000 PEOPLE ARE SMOKING WEED THIS YEAR ALREADY! Whatever that costs us as a society, we’re already paying NOW without taking in any tax money!

Cannabis does not “add another vice” to tobacco and alcohol that costs our society so much more than their taxes bring in. Alcohol and tobacco use create huge medical bills and death. Cannabis does not. With three legal choices and cannabis being obviously safest, we’ll cut costs as people choose it over alcohol and tobacco, and raise tax revenues that are currently going to black marketeers.

Read more about Newsweek and FOX Business News after the break…

Next we have the series of article in Newsweek, which has seemingly devoted an entire issue to the subject of legalization. In “Welcome to Potopia”, they describe the section of Oakland known as Oaksterdam as “a model for what a legalized-drug America could look like.” Dr. Nora Volkow from NIDA and Prof. Mark Kleiman from UCLA are cited to provide the necessary balance, with the typical warnings that “It’s certainly true that this is not your grandfather’s pot,” as if our grandfathers were smoking nothing but ditchweed in the 1960′s. (Sorry, but Sgt. Pepper and Dark Side of the Moon were not composed by nor appreciated by people smoking ditchweed.) Our own Paul Armentano is quoted as well:

The fact that we now are debating it—at least in some parts of the country—is the result of a number of forces that, as MacCoun puts it, have created the perfect pot storm: the failure of the War on Drugs, the growing death toll of murderous drug cartels, pop culture, the economy, and a generation of voters that have simply grown up around the stuff. Today there are pot television shows and frequent references to the drug in film, music, and books. And everyone from the president to the most successful athlete in modern history has talked about smoking it at one point or another. “Whether it’s the economy or Obama or Michael Phelps, I think all of these things have really worked to galvanize the public,” says Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws and the coauthor of a new book, Marijuana Is Safer; So Why Are We Driving People to Drink?”At the very least, it’s started a national conversation.”

Newsweek also looks at the “green rush” in Los Angeles County in a piece called “The Wild West of Weed” and how District Attorney Cooley says “about 100%” of the dispensaries are illegal and that “the time is right to deal with this problem.” Weed dealer turned dispensary owner Jason Beck tells his story of suffering through a DEA “smash-n-grab” raid where the cops were trapped in his store thanks to all the bulletproof glass and “man traps” he had installed for security. “If we were real gangsta drug dealers, we could have sniped them all out,” Beck says, lamenting how the DEA destroyed all his security equipment and how $12,500 in cash just mysteriously disappeared.

The Newsweek series winds up with a look at Drug Policy Alliance’s Ethan Nadelmann, called “The Pro-Drug Czar” (a term I’d bet he’d disagree with… he’s not “pro-drugs”, he’s “anti-prohibition”). Ethan gives the readers some of the best sound bites on how the drug war is impacting our prisons, saying “We lock up more people on drug charges than all of Western Europe locks up for everything, and they have 100 million more people than we do. We have less than 5 percent of the world’s population but we have almost 25 percent of the world’s incarcerated population. We rank first in the world in per capita incarceration, and the drug war is the No. 1 driving factor.”

Then this morning we are told the folks over at Fox Business News are beginning a series looking at the legalization wave in America. There are no stories or videos to post yet, but you can be sure that when there are, we’ll report on them here at NORML.

The remarkable thing in these series of news stories are not that the mainstream media is covering the legalization issue, it is how they are covering the issue. The discussion is no longer “what about the children?!?” and the doom-and-gloom warnings of heroin in the 7-Elevens if we legalize cannabis. The discussion now focuses on the economic viability of the cannabis market and the 40-year-long failure of the War on (Certain American Citizens Using Non-Pharmaceutical, Non-Alcoholic, Tobacco-Free) Drugs™ to do anything to impede that market. The pot-pun headlines are fading away and the ledes of the stories are tilted favorably toward our issue. In the past the government anti-pot propaganda dominated the story and if any contrary view was even broached, it was reformers being thrown a bone deep in the closing paragraphs to offer a rebuttal that was often couched in derogatory, “here’s what the stoners say” language. Now our side is presented as the rational, common-sense, business-savvy side of the issue with the hysterical law enforcement propaganda given the end-of-article quotes, often couched in desperate, “here’s what the reefer mad say” language.

America is becoming convinced that legalization of cannabis makes sense from a public health, public safety, and economic standpoint. And we haven’t even begun bringing up how much money industrial hemp would bring us in a legalized cannabis world…

Richard Lee has been working to end cannabis prohibition for nearly two decades. In 1992 he co-founded Legal Marijuana – The Hemp Store in Houston, Texas, one of the first hemp products retail outlets in the United States. In 1997, Richard relocated to Oakland, California, where he co-founded the Hemp Research Company, which supplied medical cannabis to the Oakland Cannabis Buyers’ Club, and promoted efficient and environmentally friendly methods of cannabis horticulture. Two years later he opened the Bulldog Coffeeshop, the second retail cannabis outlet in "Oaksterdam." In 2003, Richard founded the Oakland Civil Liberties Alliance, the political action committee that passed Oakland’s Measure Z — making private sales, cultivation, and possession of cannabis the lowest law enforcement priority and mandating that Oakland tax and regulate cannabis as soon as possible under state law. More recently, he founded the first-ever cannabis college in the United States, Oaksterdam University, which seeks to provide students with the highest quality training for the cannabis industry.

Richard was one of the driving forces behind the recent passage of Oakland’s Measure F, which imposes the nation’s first ever business tax on retail marijuana sales, and is presently spearheading The Regulate, Control, and Tax Cannabis Act of 2010, which seeks to allow California adults 21 years of age and older to possess and consume, cultivate, and possess small amounts of cannabis. Richard will be discussing and debating various aspects of both of these reform endeavors, and what they mean for the cannabis community, at NORML’s 2009 conference.

Richard Lee says, "Yes we cannabis" and so should you! Meet the Mayor of
Oaksterdam and hundreds of other likeminded people at NORML’s 38th annual conference, taking place September 24-26 at the Grand Hyatt Hotel in downtown San Francisco. For registration information, please visit: http://www.norml.org/conference.

More about Richard Lee:

San Francisco Examiner: Pro-Pot Activists Take Step Toward Putting Legalization On Ballot

Sacramento Bee: Oakland pot tax adds fuel to legalization fire

CNBC’s Marijuana Inc profiles Oaksterdam University