ChrisWeigant.com

Marijuana Legalization Update

[ Posted Monday, July 7th, 2014 – 17:17 UTC ]

Tomorrow, Washington state will become the second state with a legal recreational marijuana market (look for a whole bunch of stoner jokes on tomorrow's television news, in other words). While Colorado and Washington both passed their legalization laws at the same time, Colorado's was fully implemented at the start of this year, while Washington waited until now to completely implement the new law. So it seemed like a good time for an update on which other states are moving towards full legalization of marijuana for recreational purposes, since there is news from a handful of other states as well.

Of course, medical marijuana laws are also gaining widespread acceptance, and the number of states which have legalized medical marijuana is now approaching half of all states (or has surpassed this goal already, depending on how you count -- some states have now legalized only one particular form of medical marijuana, for seizure prevention purposes). But as the states of Colorado and Washington have now shown, full-out legalization is now seen as an achievable goal for marijuana reformers. For the time being, I'm going to ignore the progress on medical marijuana and concentrate mostly on the current recreational legalization efforts.

This year may see some progress on legalization, but it will be limited. Marijuana legal reform organizations in many states (even deep-blue states like California) have already said they're going to wait until 2016 to even attempt ballot measures, since the electorate in presidential election years is a lot more youthful and Democratic than in midterm years. California, in particular, already got burned by this once, when a legalization ballot measure failed in 2010. But there are five state-level efforts where news is being made on the legalization front. In alphabetical order:

 

Alaska

Alaskan voters will get the chance to vote on marijuana legalization this November. Initially, it looked like the referendum was going to be on the primary ballot (August 19), but due to a legislative technicality it has been bumped back to the general election. Chances for passage are probably in the good-to-excellent range.

Alaska has one of the longest and most convoluted legal histories when it comes to marijuana possession laws, as a 1975 state supreme court case (Ravin v. State) essentially legalized the possession of up to four ounces of marijuana in the privacy of your own home. This decision has been attacked on many legal fronts since the 1990s, although many of these efforts have been struck down by the courts (who insist that Ravin is still valid Alaskan law).

The voters may have the final say this November, when they get a chance to vote on Ballot Measure 2. The pro-reform movement looks well organized and energetic, while the anti-reform movement seems exactly the opposite. Both marijuana and libertarianism are popular in Alaska, so Measure 2 could easily succeed. It's currently polling [PDF link] at 55 percent in favor to 39 percent opposed.

 

Arkansas

Today was the deadline for submitting ballot signatures to qualify initiatives for 2014, and sadly two ballot measures (one for medical marijuana and one that would have legalized recreational use) both failed to get the required number of signatures. Arkansas voters will therefore not get the chance to weigh in on the subject at all this year. Supporters of the measures are looking forward to 2016, in their efforts to qualify for the ballot.

 

Oregon

Last week, the supporters of the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act turned in over 145,000 signatures to qualify for the ballot this November. They only needed 87,213, so Oregon voters will almost certainly get a chance to vote for Initiative Petition 53 this year.

Oregon, like California, has already seen one legalization ballot initiative fail, in 2012. However, this first effort was widely seen as poorly written -- and the campaign effort for the measure wasn't very impressive either. This time around, the proposed law's draft is a lot better and it includes creating a better taxation system than what Colorado and Washington have implemented (Oregon would levy excise taxes on specific amounts of marijuana, rather than taxing the value when it is sold).

Oregon will get an up-close look, from tomorrow until November, at how the experiment in neighboring Washington is working out. They will see the tax dollars flowing into Olympia and the tourism Washington is attracting. As of last month, the general idea of legalizing recreational marijuana was polling at 51 percent for and 41 percent against. Now that one ballot measure has qualified, voters will have the chance to learn about its details. The pro-reform movement is already running their first web ad. Chances for success this November have to be seen as good, although not assured.

 

Rhode Island

Rhode Island has the chance to make history this year by legalizing marijuana not through a ballot initiative or popular vote, but rather through the legislative process. Bills have been introduced in the past four years to legalize recreational marijuana, but so far none has passed into law. This year's effort, however, will be the first one to be voted on (if it gets a vote) after Colorado and Washington legalized their marijuana marketplaces. If Rhode Island does legislatively legalize, it will be the first state to do so. Chances for passage are anyone's guess, though. Currently, it is stalled in committee and could just die a quiet death there.

 

Washington, D.C.

Just today, marijuana reformers delivered their petition signatures to qualify for the November ballot. They turned in over 57,000, more than twice the required 22,400. This means Initiative 71 should easily qualify for the ballot.

However, this does not guarantee that it will even be on the ballot. Congress has veto power over everything done in the District of Columbia, and they have previously shown an extraordinary (and un-American) amount of pettiness when it comes to letting the residents vote on such issues. When medical marijuana was on the ballot in 1998, Congress stepped in and refused to allow the votes to be counted, which is about as un-American as you can get. This time around, Congress may pre-emptively withhold all money to even print ballots with Initiative 71 on them. Congress is also currently fighting to nullify a decriminalization law put into effect earlier this year, so the congressional marijuana battles have already begun.

If legalization is qualified for the ballot, if Congress allows the ballots to be printed, if Congress allows the votes to be counted, and if they don't find some other petty way of halting the will of the people -- if all these "ifs" come to pass -- then the chances for passage are probably pretty good. But the likely result is that it'll be tied up in the courts for years, even if it does pass.

 

So, out of five possible state-level legalization laws passing in 2014: one has already failed, one may get tied up in committee forever, and one may pass but be blocked by congressional shenanigans for years to come. Optimistically, however, there are two states where it seems like a fairly good bet for full legalization of recreational marijuana this year.

Today, Colorado. Tomorrow, Washington state. Perhaps in November, Alaska and Oregon. The wildcards of D.C. and Rhode Island could also be added to the mix (although both may be delayed for a while). For the obvious reason that the 2016 electorate is seen as much friendlier to marijuana reform efforts, most states won't change their laws at all in the next few years (2016 may see a stampede of ballot measures, though). But in the meantime, the number of states with legalized marijuana could rise in the foreseeable future from two to as high as six.

-- Chris Weigant

 

Cross-posted at The Huffington Post

Follow Chris on Twitter: @ChrisWeigant

 

11 Comments on “Marijuana Legalization Update”

  1. [1] 
    TheStig wrote:

    Five special interest groups lobbying to keep marijuana illegal, and their incentives for doing so:

    Police Unions: drug war grants and confiscated drug assets.

    Private Prisons Corporations: more prisoners = more money per head.

    Prison Guard Unions: more prisoners = more guards collecting salary

    Alcohol and Beer Companies: perceived competition from recreational pot

    Pharmaceutical Corporations: perceived competition to pain and depression products.

    These powerful groups can mobilize a lot of influence pedaling money. There is going to be significant push back from these vested interests, and the slow pace of state by state reform makes their task relatively easy. Don't count on demographic shifts to win the day.

    The ugly truth is that state (and federal) governments need to be prepared to buy these interests out. Oh, the horror! So, if you prefer a more positive political marketing spin, get them on the side of drug reform by sharing new tax revenue.

    Encourage big alcohol,tobacco and pharma interests to go after emerging marijuana markets. Give police and prisons more productive missions and fund them directly from marijuana tax revenues. Political gears grind more quickly if well lubricated.

    http://www.republicreport.org/2012/marijuana-lobby-illegal/

  2. [2] 
    Michale wrote:

    TS,

    Five special interest groups lobbying to keep marijuana illegal, and their incentives for doing so:

    Police Unions: drug war grants and confiscated drug assets.

    Private Prisons Corporations: more prisoners = more money per head.

    Prison Guard Unions: more prisoners = more guards collecting salary

    Alcohol and Beer Companies: perceived competition from recreational pot

    Pharmaceutical Corporations: perceived competition to pain and depression products.

    Isn't it even SLIGHTLY possible that people might have reasonable and logical objections to legalizing drugs??

    Why do people always have to assign ulterior motives to other people who simply believe different things??

    Michale

  3. [3] 
    Chris Weigant wrote:

    TheStig -

    I hear you. There are many powerful interests working against legalization, not least of which is a Kennedy offspring. But I still see the chances of OR and AK voting for their ballot initiatives as fairly high (if you'll forgive the pun). The pro-reform movement is learning lessons as time goes on, and is much more effective these days.

    -CW

  4. [4] 
    TheStig wrote:

    The Brooklyn NY DA just (mostly) decriminalized possession of small amounts of marijuana. Sixteen US states have smaller populations than Brooklyn's.

  5. [5] 
    Michale wrote:
  6. [6] 
    TheStig wrote:

    From the link:

    "data the researchers use does not reveal whether those drivers were impaired at the time of the crash or whether they were at fault."

    and

    "Both conclude their analyses in 2011 — the latest year for which data are available but prior to the 2012 legalization of recreational pot."

    and

    "Overall traffic fatalities in Colorado fell slightly during that period."

    Was Paul Murky, of Murky Research and a long time Car Talk consultant, involved in either of these studies? Just sayin'.....

  7. [7] 
    Michale wrote:

    Of course, you can cheery pick what suits your agenda, regardless of the facts... :D

    Me? I am just a knuckle-dragging ground pounder... But if it quacks like a duck and waddles like a duck, it's a good bet that it's a duck...

    Michale

  8. [8] 
    Michale wrote:

    For example, if you have a dry town that, one day, allows alcohol and, within weeks of that event, the amount of car crashes jumps dramatically.....

    It ain't rocket science to figure that there might be a connection....

    Michale

  9. [9] 
    TheStig wrote:

    M, RE 8

    "For example, if you have a dry town that, one day, allows alcohol and, within weeks of that event, the amount of car crashes jumps dramatically....."

    Right, but no such example was presented. What was presented is a muddle with contradictory policy implications.

    Hey, I didn't pick the cherry, you did! I just noted it didn't taste ripe.

  10. [10] 
    goode trickle wrote:

    CW-

    I'd be inclined to agree with you on Oregon's effort. I was fortunate enough to be on the ground in Portland during both petition drives. The first one definitely had the taste of "won't it be cool to get high legally". The last round had a much more polished act, lots of clean cut, neatly dressed young people collecting the signatures. Act 2 also came with a very polished set of sociological and economic reasons to support legalization.

    It seems to be paying off as the mood on the ground seems to be that of "the current prohibition regime is not working out so well for "us" let's try regulating and taxing it, let's get some economic benefits out of this, let's free up some law enforcement resources". It feels like no matter the reason for supporting legalizing people have recognized that cannabis is not going away and perhaps it is time to try something new.

    All in all I'd say that the cannabis industry has mounted a fairly good campaign this time around. If successful I would not be surprised to see others efforts emulate this second effort. Just as I will not be surprised to see lobbying against such efforts also get more expensive and polished.

  11. [11] 
    Michale wrote:

    Right, but no such example was presented. What was presented is a muddle with contradictory policy implications.

    Perhaps it's my LEO background, but I detected no muddle...

    Hey, I didn't pick the cherry, you did! I just noted it didn't taste ripe..

    POSSIBLY because you were disinclined?? :D

    "I am disinclined to acquiesce to your request... That means 'NO' "
    -Captain Barbossa, PIRATES OF THE CARIBBEAN

    :D

    Michale

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