Blue States, Green Ideals

Soft Secrets
21 Dec 2012

Just in time for the holidays, three 'blue' states experienced major victories on the Cannabis front. Colorado and Washington legalized pot for recreational purposes, becoming the first states in American history to allow adults to partake in peace, although similar attempts in Oregon failed.


Just in time for the holidays, three 'blue' states experienced major victories on the Cannabis front. Colorado and Washington legalized pot for recreational purposes, becoming the first states in American history to allow adults to partake in peace, although similar attempts in Oregon failed.

  Just in time for the holidays, three 'blue' states experienced major victories on the Cannabis front. Colorado and Washington legalized pot for recreational purposes, becoming the first states in American history to allow adults to partake in peace, although similar attempts in Oregon failed. Massachusetts said 'yes' to medi-weed, joining the ranks of seventeen other states, plus the District of Columbia, to offer patients this herbal alternative. Medical Cannabis was also voted upon in Arkansas and Montana, but no pro-pot progress was made. A majority of voters in five major Michigan cities supported medi-weed measures; however, authorities have already vowed to maintain their prohibitive stance. Aside from the immediate effects of the November Cannabis victories, the long term benefits for society present a far healthier approach than incarceration. The legislation in Colorado and Washington aims to dissolve the issue of criminal drug dealing, not only by allowing for the creation of legal retail establishments for Cannabis, but also slowly removing the stigma from low-level dealers by morphing that former crime into a legitimate, taxable job. Thus, drugs would be removed from the hands of 'criminals', in theory allowing for the proliferation of safe, regulated locations from which the public may purchase their stash.

Even if drug dealers drop their prices, legal retailers can offer their customers safety features that are likely to sway sales in their favor. Regulation of quality, testing for potency and contaminants, etc., will be made even more attractive when combined with uniform, professional packaging. All of this will need to be done by someone – and the growers will be busy in their gardens – thereby requiring specialized staff. This is just one of the ways that legalization creates jobs (although drug dealers losing customers to these impending pot shops might disagree).

In addition to an increase in available police resources for tackling real crime, a further long term benefit would be the homogenization of the recreational weed industry. Colorado and Washington state will serve as templates for implementation that, if successful, will assist legalization efforts across the country.

Back in 2006, forty-one percent of voters in Colorado supported legalizing possession and consumption of Cannabis; this past November, that number had risen to fifty-five percent. The legislation amends Article 17 of Colorado's constitution, and it means that adults will now be treated as adults, free to relax at home with a joint or bong instead of – or in addition to – a cocktail or frosty beer.

Simply legalizing pot possession is a huge step towards ending the War on Drugs. However, the authors of Amendment 64 were also careful to include home growing. Sean McAllister, a long-time Cannabis advocate and former assistant district attorney for Colorado, details the new freedoms: “People can grow their own and keep their own harvests, even if it is over one ounce. They can share up to an ounce at a time with friends, for no money, and that is legal. They cannot sell to anyone; they cannot distribute through the stores.”

As each state successfully implements an approach similar to the regulation of liquor shops or tobacco counters, the risk of children having access to Cannabis is greatly reduced. These arguments have been promoted by the Campaign to Regulate Marijuana Like Alcohol (www.RegulateMarijuana.org), a group whose efforts were essential in the passage of Amendment 64. They feel that legalization will help to control Cannabis access, thereby reducing usage rates among teenagers, strongly curtailing That latter point is perhaps one of the most important windfalls of legalization: excise taxes levied upon weed retailers will help to improve our communities, and this could remove the taboo that 'drug money' is always bad. McAllister reminds us that perhaps the least obvious benefit of Amendment 64 is staring us all in the face: “more money for school funding” could be available to any state with similar measures, helping to heal our ailing education system.

While McAllister reports that no battles have flared between the federal Schedule I classification and Colorado's new law, not everyone supports this new freedom; however, opposition to the Amendment was not unexpected. The tired, disproved 'gateway theory' has once again reared its ugly head, emphasizing the fact that even the most accurate, scientifically-proven information often falls upon deaf ears. Several groups involved with youth addiction and public safety had voiced concerns, in spite of the fact that pro-pot experts emphasize the importance of education and harm reduction as an essential facet of legalization.

Legal analysts warned that, in addition to Cannabis remaining a Schedule I drug on a federal level, likewise cultivation remains outlawed. However, even Governor John Hickenlooper, a vocal opponent of Amendment 64, agrees that no young person's life should be ruined by a felony pot charge. The Colorado Criminal Defense Bar assented.

Opposition also surfaced within the pro-pot community, and not just because of the (perhaps mistaken) belief that legalization will drive down the price of Cannabis, threatening profits for growers. In addition, once recreational weed is available to interested adults, the amount of stoners posing as patients will likely dwindle, resulting in huge losses of revenue for dispensaries or collectives. As McAllister bluntly states, “long term, legalized recreational weed, if allowed by the feds, will likely put medical marijuana people out of business.”

Pro-Legalization Cops Cheer Marijuana Reform Election Results

Nine States and Localities Vote for More Sensible Drug Laws

In a historic night for drug law reformers, on November 6th, Colorado and Washington passed measures legalizing and regulating marijuana, Massachusetts became the 18th state to allow medical marijuana and six localities voted to modernize policies on marijuana. Law Enforcement Against Prohibition, a group of cops, judges, prosecutors and other law enforcement officials advocating for the legalization of drugs, has speakers on hand to comment.

Norm Stamper, former Seattle police chief, had this to say: “I cannot tell you how happy I am that after forty years of the racist, destructive exercise in futility that is the war on drugs, my home state of Washington has now put us on a different path. There are people who have lost today: drug cartels, street gangs, those who profit from keeping American incarceration rates the highest in the world. For the rest of us, however, this is a win. It’s a win for taxpayers. It’s a win for police. It’s a win for all those who care about social justice. This is indeed a wonderful day.”

Reformers are now focused on successfully implementing the new marijuana legalization laws in Colorado and Washington, and on determining which states are most likely to enact legalization in the near future.

“Because of the victories in all of these places, we awakened this morning in a slightly better country. It’s a little safer, a little bit more just,” said Neill Franklin, Executive Director of Law Enforcement Against Prohibition and 34-year veteran of the Baltimore and Maryland State police departments. “And when the rest of the country follows the lead pioneered by the voters of Colorado and Washington, we’ll be closer to living in a country with a drug policy that is truly about public safety.”

Following is a list of all marijuana reform measures on the ballot across the country and a list of LEAP speakers available to discuss these historic reforms:

Colorado: Marijuana legalization – Passed!

Washington: Marijuana legalization - Passed!

Oregon: Marijuana legalization – Failed.

Massachusetts: Medical marijuana – Passed!

Arkansas: Medical marijuana – Failed.

Detroit, MI: Decriminalization of adult marijuana possession – Passed!

Flint, MI: Decriminalization of adult marijuana possession – Passed!

Ypsilanti, MI: Marijuana to be lowest law enforcement priority – Passed!

Grand Rapids, MI: Decriminalization of adult marijuana possession – Passed!

Kalamazoo, MI: Three medical marijuana dispensaries permitted in city – Passed!

Burlington, VT: Recommendation that marijuana should be legalized – Passed!

Montana: Referendum restricting medical marijuana – Passed.

Washington: Initiative 502

Up in the northwest corner of the country, Initiative 502 passed with a vote of 55.51 percent. In effect as of the sixth of December, 2012, the new law allows adults (21 and up) to possess up to an ounce of bud, sixteen ounces of infused product if solid, seventy-two ounces of liquid infused product – or some combination of the three.

These items are to be purchased in legal pot shops – at least 1,000 feet from a school – regulated and enforced by the Washington State Liquor Control Board. A license system for growers, handlers and the retailers themselves will be introduced, costing $250 (to be renewed annually for $1,000). No financial interest may be held between the producers and the retailers.

In its own words:

This measure removes state-law prohibitions against producing, processing, and selling marijuana, subject to licensing and regulation by the liquor control board; allow limited possession of marijuana by persons aged twenty-one and over; and impose 25% excise taxes on wholesale and retail sales of marijuana, earmarking revenue for purposes that include substance-abuse prevention, research, education, and healthcare. Laws prohibiting driving under the influence would be amended to include maximum thresholds for THC blood concentration.

As in Colorado, this legal victory will free up police resources and allow for more effective law enforcement. It is no coincidence that the passage of I-502 is a result of the passion and determination of people like Norm Stamper (former Seattle police chief ), who knows better than anyone that prohibition is a failure, as he fought on its front lines for decades. He recalls, “I became a 'non-active' advocate for Cannabis legalization during my rookie days as a cop in San Diego. Later in my career I became much more outspoken, calling for legalization and an end to the Drug War.”

Perhaps one of the best people to offer perspective on the situation, as a former law enforcement officer, Stamper is among those with concerns about the DUID ('driving under the influence of drugs') provisions of Initiative 502. Washington is a 'per se' state, meaning that drivers are tested for a legal maximum of five or more nanograms THC per milliliter of blood, resulting in convictions based upon numbers rather than actual impairment. Some prominent Cannabis advocacy groups denounced I-502, due to its lack of protection for drivers (patients or otherwise), inherent threat to personal liberty and even alleged 'hypocritical' wording. For example, there is a discrepancy between a state legalizing an ounce for possession, but retaining a felony charge for 40 grams or more.

“I share the concerns raised by opponents of I-502, particularly the 'per se' DUI provision of the new law. However, I agree with sponsors of our new law that the state would have gone the way of California in 2010, had that provision not been included. Exit polling on that state's Proposition 19 revealed that many people opposed the voter initiative because it did not address 'stoned driving'. I think a good-faith effort was made to make the DUI law reasonable, scientifically defensible, and effective, but I do believe either legislative or judicial review is essential. I'm troubled by the under-21 provision and by the possibility that either a medical or a recreational user, who is not impaired, could get busted.”

Stamper counters, “That said, if you're under the influence of booze or weed or prescription drugs or any other skill- and/or judgment-altering substance it's time to stay home, call a friend or a cab, take public transit, walk. Also, everyone needs to understand that nothing of substance changes in how cops will handle DUI cases. If the driving shows no sign of impairment, if no traffic laws were violated, if the (over 21) driver passes a field sobriety test, there's no justification for an arrest.”

Residents of Colorado, as well as Americans across the nation, are waiting with bated breath to see if the feds will enforce the Schedule I classification of weed, in spite of I-502. However, even non-users and Cannabis opponents must admit that these recent victories are foreshadowing for a more liberal nation. I-502 will benefit recreational users, medi-weed patients, growers, dispensary/collective owners, or even law enforcement themselves. Norm adds, “Americans who believe in civil liberties, and those who are excessively heavy users, whose dependency has cost them relationships, jobs, health... the approximately half billion new revenue dollars will finance education, prevention, treatment.

“One footnote: those who are currently making millions of untaxed dollars will be hit hard. Application fees and taxes will take a big bite out of their profits – if they decide to stay in business and seek a license. But staying in business without constantly looking over your shoulder (for cops or robbers) strikes me as not a bad tradeoff.”

A slice of success enjoyed in Colorado, but not Washington, is the ability for recreational users to grow their own supply. Stamper suggests, “This can and, I predict, will be changed in the future as recreational growers lobby for the freedom to grow their own, much as 'home brew' enthusiasts are permitted to do with alcohol products. As envisioned, the only 'police observation' of retailers will come from the Liquor Control Board... but I think in most cities throughout the state, we'll find the police are more than happy to be out of the pot-enforcement business.”

National Organization for the Reform of Marijuana Laws:

www.norml.org

Sensible Washington:

www.SensibleWashington.org

The Massachusetts Medical Marijuana Initiative: Question 3

Accepted by sixty-three percent of voters and boasting numerous public health groups as proponents, Question 3 in Massachusetts represented a more traditional American approach towards legalization, ushering in legal medical Cannabis. Voters across the country viewed this as a more 'normal' procedure than the total legalization adopted by Colorado and Washington; although, buoyed by the victory, many in the state believe this paves the way for a bookend ballot question in 2016, legalizing recreational use and possession of the drug.

Karen E. Hawkes, Massachusetts State Trooper First Class (retired), herself a medical patient, agrees that even non-users are now becoming supportive of the medi-weed movement. “[O]nce they are informed, they see that certainly medical marijuana should be available to patients, and that it makes much more sense to legalize, control and regulate (and tax) marijuana, because prohibition causes so many more problems than legalizing. Probably most importantly, our policy of prohibition allows access to minors: children who I have met as a State Trooper as young as eight years old have access to marijuana, because drug sellers don't ask for ID, all they want is your money. There are no ethics involved in the underground drug market; criminals will sell to anyone....

“As a State Trooper, it was my experience that enforcing Cannabis laws was a low priority for the majority, if not all [of] the State Troopers with whom I worked. The instruction I received in the State Police Academy regarding Cannabis was that it should be considered a low priority, because possession of Cannabis is not something that poses a threat to public safety. There are real crimes that seriously threaten public safety, and those are the crimes that we should be fighting. If there is no harm in possessing Cannabis and we treat those who possess Cannabis as criminals, then we are, in effect, criminalizing innocent people who are doing no harm. Criminalizing innocent people has serious negative implications – not only to those who are criminalized, but to the integrity of the law and law enforcers, as well as the taxpaying public.

“Law enforcers need to be responsible in spending taxpayers' money, and use our limited and valuable resources to fight real crime. Enforcing Cannabis laws takes money and resources away from fighting real crimes such as murder, rape and robbery; these are real crimes that a law enforcer with integrity will fight.

“I have not always been an advocate... I was neutral on the issue of Cannabis until I found myself in the position of being a medical marijuana patient.” She elaborates, “When I became a medicinal marijuana patient, I realized that the Cannabis issue is not to be taken lightly. Cannabis has so many helpful medicinal qualities that it is a shame that it is not available to doctors to recommend to their patients, as a safer and more effective medicine than harmful pharmaceuticals. Before I had a stroke, I was very healthy and had no idea the negative impact that legal pharmaceuticals have on patients. I also had no idea how safe and effective medical marijuana is to sick people. Law enforcement certainly has no place in deciding what medicine is best for people who are suffering and dying from chronic and terminal illnesses.”

Production is an obvious concern; however, growers should follow state laws and hopefully the feds will not intervene. The wait-and-see approach, as in Washington and Colorado, has been adopted here. On a state level, Hawkes reveals, the issue is far more straightforward. “There are protections under the Massachusetts law [against] state prosecution and penalties for health care professionals, for dispensary agents and for growers. Growers with a 'cultivation registration' are protected against forfeiture and arrest for the lawful possession, cultivation, transfer, transport, distribution or manufacture of medical marijuana, as authorized by the law.

“Massachusetts has taken a look at the medical marijuana laws in the seventeen preceding states, as well as Washington, D.C., to make the most effective and safe medical marijuana law yet written in the United States.... I think the Massachusetts law addressed concerns people had of medical marijuana becoming available to those who were not qualified for its use. I believe the law in Massachusetts is not going to raise any hackles on the feds, and that the feds will allow Massachusetts to handle their own medical marijuana laws without federal interference.

“This new legality will mostly affect patients who are suffering and dying of chronic, debilitating and terminal illnesses by allowing patients safe and legal access to their medicine. This law is going to alleviate so much suffering. It has already alleviated a lot of anxiety that goes with being labeled a criminal, just because your medicine happens to be illegal – even though you know it is safe and effective. It's a wonderful thing to get the sick and dying off the battlefield of the Drug War.”

All this progress is potentially set to be offset by the same issue affecting the other two states featured here, which involves driving with Cannabis in your system. Karen informs us that “Massachusetts State Police are trained to detect alcohol and drug use during field sobriety testing. Law enforcers in [the state] must prove probable cause in order to make a DUI charge. In Massachusetts, a person's blood cannot be taken without the person's consent; or in the case of a motor vehicle accident, if blood is taken at the hospital for medical purposes, a subpoena must be issued in order to get blood test results.

“So, if a patient is responsible in taking their medication – as they should be in taking any medication – and gives law enforcers no cause to believe that their ability to safely operate a motor vehicle on a public way has been compromised, then patients and the public are safe. If a person is driving in such a way that might indicate, and help prove probable cause of 'operating under the influence', then this will be used to prove an OUI (DUI). In other words, if a patient poses no threat to public safety, then public safety should pose no threat to the patient.

“I think a less obvious benefit to Question 3 is that it validates Cannabis as a useful medicinal plant. There are many suffering people who either don't know of the plant's medicinal benefits, or who would not use it because of its illegal status. I believe a lot more people are going to be helped by this plant, now that Question 3 has passed and doctors have this available to recommend to their patients as a safer and more effective alternative to the harmful and often dangerous side effects of pharmaceuticals.”

Committee for Compassionate Medicine:

www.compassionforpatients.com

Massachusetts Patient Advocacy Alliance:

www.masspatients.org
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