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USA — The Berlin Wall of pot prohibition seems to be crumbling before our eyes.

By fully legalizing marijuana through direct democracy, Colorado and Washington have fundamentally changed the national conversation about cannabis. As many as 58 percent of Americans now believe marijuana should be legal. And our political establishment is catching on. Former president Jimmy Carter came out this month and endorsed taxed-and-regulated weed. “I’m in favor of it,” Carter said. “I think it’s OK.” In a December 5th letter to Attorney General Eric Holder, Senate Judiciary Chairman Patrick Leahy (D-Vermont) suggested it might be possible “to amend the Federal Controlled Substances Act to allow possession of up to one ounce of marijuana, at least in jurisdictions where it is legal under state law.” Even President Obama hinted at a more flexible approach to prohibition, telling 20/20′s Barbara Walters that the federal government was unlikely to crack down on recreational users in states where pot is legal, adding, “We’ve got bigger fish to fry.”

Encouraged by the example of Colorado and Oregon, states across the country are debating the merits of treating marijuana less like crystal meth and more like Jim Beam. Here are the next seven states most likely to legalize it:

1) Oregon

Oregon could have produced a trifecta for pot legalization on election day. Like Washington and Colorado, the state had a marijuana legalization bid on the ballot in 2012, but it failed 54-46. The pro-cannabis cause was dogged by poor organization: Advocates barely qualified the initiative for the ballot, and could not attract billionaire backers like George Soros and Peter Lewis, who helped bankroll the legalization bit in Washington.

But given that Oregon’s biggest city, Portland, will be just across the Columbia River from prevalent, legal marijuana, the state legislature will be under pressure to create a framework for the drug’s legal use in Oregon – in particular if the revenue provisions of Washington’s law are permitted to kick in and lawmakers begin to watch Washington profit from the “sin taxes” on Oregon potheads. If lawmakers stall, state voters will likely have the last word soon enough. Consider that even cannabis-crazy Colorado failed in its first legalization bid back in 2006.

“We have decades of evidence that says prohibition does not work and it’s counterproductive,” said Peter Buckley, co-chair of the Oregon state legislature’s budget committee. For Buckley, it’s a matter of dollars and common sense: “There’s a source of revenue that’s reasonable that is rational that is the right policy choice for our state,” he said. “We are going to get there on legalization.”

2) California

California is unaccustomed to being a follower on marijuana liberalization. Its landmark medical marijuana initiative in 1996 sparked a revolution that has reached 18 states and the District of Columbia. And the artful ambiguity of that statute has guaranteed easy access to the drug — even among Californians with minor aches and pains.

In 2010, the state appeared to be on track to fully legalize and tax pot with Proposition 19. The Obama administration warned of a crackdown, and the state legislature beat voters to the punch with a sweeping decriminalization of pot that treats possession not as a misdemeanor but an infraction, like a parking ticket, with just a $100 fine. In a stunningly progressive move, that law also applies to underage smokers. And removing normal teenage behavior from the criminal justice system has contributed to a staggering decline in youth “crime” in California of nearly 20 percent in 2011.

The grandaddy of less-prohibited pot is again a top candidate to fully legalize cannabis. Prop 19 failed 53-47, and pot advocates are determined not to run another initiative in an “off-year” election, likely putting ballot-box legalization off for four years. “2016 is a presidential election year, which brings out more of the youth vote we need,” said Amanda Reiman, who heads up the Drug Policy Alliance’s marijuana reform in California.

Economics could also force the issue sooner. Eager for new tax revenue, the state legislature could seek to normalize the marijuana trade. There’s no Republican impediment: Democrats now have a supermajority in Sacramento, and Governor Brown has forcefully defended the right of states to legalize without the interference of federal “gendarmes.”

3) Nevada

Whether it’s gambling or prostitution, Nevada is famous for regulating that which other states prohibit. When it comes to pot, the state has already taken one swing at legalization in 2006, with an initiative that failed 56-44. “They got closer than we did in Colorado that year,” says Mason Tvert, who co-chaired Colorado’s initiative this year and whose first statewide effort garnered just 41 percent of the vote.

For prominent state politicians, the full legalization, taxation and regulation of weed feels all but inevitable. “Thinking we’re not going to have it is unrealistic,” assemblyman Tick Segerblom of Las Vegas said in November. “It’s just a question of how and when.”

4) Rhode Island

Pot watchers believe little Rhode Island may be the first state to legalize through the state legislature instead of a popular referendum. ”I’m hoping this goes nowhere,” one prominent opponent in the state House told the Boston Globe. ”But I think we’re getting closer and closer to doing this.”

Back in June 2012, lawmakers in Providence jumped on the decriminalization bandwagon, replacing misdemeanor charges for adult recreational use with a civil fine of $150. (Youth pay the same fine but also have to attend a drug education class and perform community service.)

In the wake of Colorado and Washington’s new state laws, Rhode Island has joined a slate of New England states that are vowing to vote on tax-and-regulate bills. A regulated marijuana market in Rhode Island could reap the state nearly $30 million in new tax revenue and reduced law enforcement costs. ”Our prohibition has failed,” said Rep. Edith Ajello of Providence, who is sponsoring the bill. ”Legalizing and taxing it, just as we did to alcohol, is the way to do it.”

5) Maine

Maine’s legislature has recently expanded decriminalization and is moving on a legalization-and-regulation bill that could bring the state $8 million a year in new revenue. ”The people are far ahead of the politicians on this,” said Rep. Diane Russell of Portland. ”Just in the past few weeks we’ve seen the culture shift dramatically.”

State legislators in Maine, as in other direct-democracy states, are actually wary of the ballot initiative process and may work to preempt the voters. A legalization scheme devised by lawmakers, after all, is likely to produce tighter regulation and more revenue than a bill dreamed up by pot consumers themselves.

6) Alaska

Alaska is already a pothead’s paradise, and the state could move quickly to bring order to its ambiguous marijuana law. Cannabis has been effectively legal in Alaska since 1975, when the state supreme court, drawing on the unique privacy protections of the Alaska constitution, declared that authorities can’t prohibit modest amounts of marijuana in the home of state residents.

That gave Alaskans the right to have up to four ounces – and 24 plants – in their homes. Following a failed bid to fully legalize pot at the ballot box in 2004 (the measure fell 56-44), the state legislature attempted to enforce prohibition, outlawing all weed in 2006. But citing the 1975 precedent, a judge later ruled the home exemption must be respected, though she sought to limit legal possession to a single ounce.

If taxation and regulation take root in nearby Washington, and perhaps more important in neighboring British Columbia (where legalization is also being considered), a ballot initiative in Alaska could win in an avalanche.

7) Vermont

Last year, Vermont finally normalized its medical marijuana law, establishing a system of government-sanctioned dispensaries. In November, the state’s Democratic governor, Peter Shumlin, just cruised to re-election while strongly backing marijuana decriminalization. The city of Burlington, meanwhile, passed a nonbinding resolution in November calling for an end to prohibition – with 70 percent support. The Green Mountain State has already embraced single-payer universal health care. Legal pot cannot be far behind.

Source: Rolling Stone (US)
Author: Tim Dickinson
Published: December 18, 2012
Copyright: 2012 Straight Arrow Publishers Company, L.P.
Contact: [email protected]
Website: http://www.rollingstone.com/

In the late-1980s heyday of the anti-drug “Just Say No” campaign, a man calling himself “Jerry” appeared on a Seattle talk radio show to criticize U.S. marijuana laws.

An esteemed businessman, he hid his identity because he didn’t want to offend customers who — like so many in those days — viewed marijuana as a villain in the ever-raging “war on drugs.”

Now, a quarter century later, “Jerry” is one of the main forces behind Washington state’s successful initiative to legalize pot for adults over 21. And he no longer fears putting his name to the cause: He’s Rick Steves, the travel guru known for his popular guidebooks.

“It’s amazing where we’ve come,” says Steves of the legalization measures Washington and Colorado voters approved last month. “It’s almost counterculture to oppose us.”

A once-unfathomable notion, the lawful possession and private use of pot, becomes an American reality this week when this state’s law goes into effect.

Thursday is “Legalization Day” here, with a tote-your-own-ounce celebration scheduled beneath Seattle’s Space Needle — a nod to the measure allowing adults to possess up to an ounce of pot. Colorado’s law is set to take effect by Jan. 5.

How did we get here? From “say no” to “yes” votes in not one but two states?

The answer goes beyond society’s evolving views, and growing acceptance, of marijuana as a drug of choice.

In Washington — and, advocates hope, coming soon to a state near you — there was a well-funded and cleverly orchestrated campaign that took advantage of deep-pocketed backers, a tweaked pro-pot message and improbable big-name supporters.

Good timing and a growing national weariness over failed drug laws didn’t hurt, either.

“Maybe … the dominoes fell the way they did because they were waiting for somebody to push them in that direction,” says Alison Holcomb, the campaign manager for Washington’s measure.

Washington and Colorado, both culturally and politically, offered fertile ground for legalization advocates — Washington for its liberal politics, Colorado for its libertarian streak, and both for their Western independence.

Both also have a history with marijuana law reform. More than a decade ago, they were among the first states to approve medical marijuana.

Still, when it came to full legalization, activists hit a wall. Colorado’s voters rejected a measure to legalize up to an ounce of marijuana in 2006. In Washington, organizers in 2010 couldn’t make the ballot with a measure that would have removed criminal penalties for marijuana.

Since the 1970 founding of the National Organization for the Reform of Marijuana Laws, reform efforts had centered on the unfairness of marijuana laws to the recreational user — hardly a sympathetic character, Holcomb notes.

That began to change as some doctors extolled marijuana’s ability to relieve pain, quell nausea and improve the appetites of cancer and AIDS patients.

The conversation shifted in the 1990s toward medical marijuana laws. But even in some states with those laws, including Washington, truly sick people continued to be arrested.

Improved data collection that began with the ramping up of the drug war in the 1980s also helped change the debate. Late last decade, with Mexico’s crackdown on cartels prompting horrific bloodshed there and headlines here, activists could point to a stunning fact: In 1991, marijuana arrests made up less than one-third of all drug arrests in the U.S. Now, they make up half — about 90 percent for possession of small amounts — yet pot remains easily available.

“What we figured out is that your average person doesn’t necessarily like marijuana, but there’s sort of this untapped desire by voters to end the drug war,” says Brian Vicente, a Denver lawyer who helped write Colorado’s Amendment 64. “If we can focus attention on the fact we can bring in revenue, redirect law enforcement resources and raise awareness instead of focusing on pot, that’s a message that works.”

With a potentially winning message, the activists needed something else: messengers.

Steves, who lives in the north Seattle suburb of Edmonds, was a natural choice — the “believable, likeable nerd,” as he calls himself. Known for his public television and radio shows, as well as his “Europe through the Back Door” guide books, he openly advocated in 2003 for a measure that made marijuana the lowest priority for Seattle police.

He already knew Holcomb, who had been the drug policy director at the American Civil Liberties Union of Washington state. The ACLU chapter recognized that voter education would be crucial to any future reform, especially after polling revealed that many voters didn’t even know Washington had a medical marijuana law.

Holcomb helped recruit Steves to star in a 2008 infomercial designed to get people talking about marijuana law reform. The video was aired on late-night television and at forums held across the state, during which experts in drug policy answered questions from audiences.

In November 2009, John McKay, the former Seattle U.S. attorney, agreed to appear on one of those panels. McKay was well respected, from a prominent Republican family and had served as the Justice Department’s top prosecutor in western Washington — charged with carrying out U.S. drug laws.

He called for a top-to-bottom review of the nation’s drug war and endorsed regulating marijuana like alcohol.

Suddenly, the legalization movement had traction.

Over the next year, a voter initiative drive and legislative efforts gained steam but ultimately failed. California’s Proposition 19 legalization measure also failed in 2010. But even with little money and no significant editorial endorsements, in an off-presidential election year with lower youth turnout, Prop 19 received more than 46 percent of the vote.

Holcomb thought: Imagine what Washington could do in a presidential year, with an endorsement from McKay and some money.

So, with the backing of the ACLU’s state chapter, Holcomb formed New Approach Washington. In June 2011, the group announced Initiative 502, to legalize up to an ounce of marijuana and to create a system of state-licensed growers, processors and retail stores. It was tailored to gain mainstream support: There would be no home-growing, and there would be a DUI standard designed to be comparable to the 0.08 limit for blood-alcohol content.

The drug also would be taxed at every stage, from growing and processing to selling. State studies were done showing legalization could bring in half a billion dollars a year for schools, health care and substance-abuse prevention.

The list of co-sponsors was unimpeachable: Steves, McKay, Seattle City Attorney Pete Holmes, the former top public health officer for Spokane County, two past presidents of the state bar association, a top University of Washington addiction expert. The Seattle Times’ editorial page offered its own endorsement.

National drug-policy reform groups also were focusing on 2012. The New York-based Drug Policy Alliance saw campaigns developing in three states — Washington, Colorado and Oregon — and it had the money on-the-ground advocates so desperately needed. The alliance is funded in part by billionaire and longtime liberal political donor George Soros, who came out in favor of marijuana legalization in 2010.

The organization chipped in more than $1.6 million in Washington. The Washington, D.C.-based Marijuana Policy Project gave $1 million in Colorado.

Then came another big donor. Peter Lewis, the founder of Progressive Insurance, had used marijuana after a leg amputation and had been a big contributor to medical marijuana campaigns. His people initially told Holcomb they didn’t think I-502 would pass, but then he offered a match: If they could raise $650,000, he’d kick in $250,000. New Approach Washington met the goal, and Lewis became the campaign’s biggest donor, responsible for more than $2 million of the $6 million raised.

The money ensured that Washington’s activists could keep their message on air, and they did so effectively.

The first television ad, which aired last summer, featured a middle-aged mom saying that she didn’t like marijuana, but that taxing it would bring in money for schools and health care and free up police resources. Among women aged 30 to 50, Holcomb says, support for regulating marijuana jumped about 18 percent.

The next ads featured McKay, former Seattle U.S. Attorney Kate Pflaumer and Charles Mandigo, the former head of the FBI office in Seattle, urging approval of I-502.

Colorado’s measure didn’t have the big-name endorsements that Washington’s did, but the state had other things going for it. For one, it already had the most highly regulated medical marijuana market in the country. There, organizers were careful to appear before news cameras in suits and ties. Ads featured middle-aged women, or schoolchildren who could benefit from marijuana taxes.

Opponents tried to fight back, mounting a $543,000 campaign in Colorado, with backing from a Florida-based anti-drug group and an evangelical Christian group.

In Washington, a small group from the medical marijuana community raised $6,800 to oppose I-502. They criticized the DUI standard as arbitrarily strict and said the measure didn’t go far enough because it wouldn’t allow home-growing.

A group of nine former heads of the Drug Enforcement Administration urged U.S. Attorney General Eric Holder to publicly oppose the measures, but the DOJ and the White House remained silent.

Instead, Kevin Sabet, a former White House drug policy adviser, served as a counterpoint to the legalization campaigns. The ills of prohibition — the racial disparities in who gets busted, the lifelong consequences of a conviction for landing jobs or student loans — could be solved without legalization, which would increase the availability of marijuana for teens who are most susceptible to becoming addicted, he contended.

Yet such arguments found little support.

“When you hammer away at that message, saying we can save education and make better use of police resources and get rid of cartels, and there’s nothing to oppose that, that sounds sensible to people who aren’t hearing the other side,” Sabet says.

On Nov. 6, I-502 passed with nearly 56 percent. Colorado’s Amendment 64, which allows home-growing and does not include a drunken driving standard, passed with 55 percent.

Oregon’s Measure 80 ultimately failed. But even with little campaigning behind it, that proposal got nearly 47 percent of the vote.

As they await word about whether the Justice Department will try to block the measures from taking effect, national drug-law reform groups are salivating over their chances in 2014 and 2016.

California? Nevada? Massachusetts?

“Something is happening, and it’s not just happening in Washington and Colorado,” says Andy Ko, who leads the Campaign for a New Drug Policy at Open Society Foundations. “Marijuana reform is going to happen in this country as older voters fade away and younger voters show up. Legislators see this as something safe to legislate around.

“They see the writing on the wall.”

Kristen Wyatt contributed from Denver

Source: Associated Press (Wire)
Author: Gene Johnson, Associated Press
Published: December 2, 2012
Copyright: 2012 The Associated Press

In New York magazine, Benjamin Wallace-Wells has a long article about the failure of the War on Drugs, in which he says, “Without really acknowledging it, we are beginning to experiment with a negotiated surrender.” This is in reference to the recently passed marijuana legalization initiatives in Colorado and Washington, which will likely be followed by other states in upcoming elections. Hanging over these policy changes is the still-to-be-determined reaction of the Obama administration, which hasn’t yet said whether it plans to send DEA agents to crack down on the businesses these laws allow for, or the growing operations they’ll produce. And I’m beginning to suspect that the administration will try to set some kind of policy course intended to be as low-key and neutral as possible, neither giving the two states the green light to proceed as their new laws envision, nor embarking on some kind of dramatic and visible crackdown.

Why? Because that’s what Barack Obama appears to want. One of Andrew Sullivan’s readers noted a video from 2007 in which candidate Obama evaded and hedged in his response to a question about legalization; the reader said, “the sense I got was that whatever Obama’s actual position on marijuana is, he’s not about to let that be the issue that he wastes political capital on. That’s not going to be the issue that prevents him from becoming president and fixing everything else that he cares more about.” That sounds about right to me: While Obama may believe that the War has been a failure and it’s absurd to lock up hundreds of thousands of people for possessing, buying, or selling small amounts of marijuana, it just isn’t all that high on his priority list. If making a major policy change is risky, he’s not going to bother. On the other hand, he doesn’t want to alienate the 50 percent of the country that now supports legalization, many of whom are his staunch supporters, so his preferred outcome would be that no one pays much attention to the issue for the next four years.

Obama has been a continuing disappointment to his supporters who favor legalization, but there’s a kind of inverse Nixon-to-China thing going on with him. As the first president who admits to being an enthusiastic pot smoker in his youth (and of course the first black president), he’ll be the last person to begin the dismantling of the War on Drugs. But maybe, bit by bit, it’ll happen without him.

Source: American Prospect, The (US)
Author: Paul Waldman
Published: November 27, 2012
Copyright: 2012 The American Prospect, Inc.
Contact: [email protected]
Website: http://www.americanprospect.com/

Stoner humor just got a lot more complicated. Back in the days when Cheech and Chong were more risqué than wrinkled, it wafted along as one of those cultural subgenres, with its own nudge-and-wink punch lines. If you got it and laughed, you implicated yourself — and laughed again. The police mostly kept their faces straight.

But now the prospect of legalized marijuana in small amounts for personal use — approved by voters in Washington State and Colorado on Election Day — is creating a buzz of improvisation, from local law enforcement agencies up through state government.

Devising from scratch a system for legal sales and informing the public about the law are both tasks, state and local officials say, that require the turning over of a new leaf.

And the Seattle Police Department — through blog posts written by Jonah Spangenthal-Lee, 29, a former crime reporter for a Seattle alternative weekly called The Stranger — is leading the charge. Bilbo Baggins from “The Lord of the Rings” lends a hand too, shown in a film clip on the police blog relishing a smokable product of uncertain provenance called Old Toby, which Bilbo says, with a blissful sigh, is “the finest weed in the South Farthing.”

The goal: official communications in language that the hip, young, urban and quite possibly stoned audience that Mr. Spangenthal-Lee wrote for at The Stranger might actually want to read.

Worried about what happens if the police pull you over after Dec. 6, when the law, I-502, takes effect, and you are sober but they smell that bag of Super Skunk in your trunk? Mr. Spangenthal-Lee’s “Marijwhatnow” post has the answer. “The smell of pot alone will not be reason to search,” he writes.

Another question: “December 6th seems like a really long ways away. What happens if I get caught with marijuana before then?”

Answer: “Hold your breath.”

Question: “SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?”

Answer: “No.”

“There’s no handbook for any of this,” Mr. Spangenthal-Lee said in an interview. Meanwhile, the “Marijwhatnow” post has gone closer to viral than perhaps any official police communication in history, with 26,000 Facebook “likes” and more than 218,000 page views as of Friday.

Whether full legalization will actually occur as envisioned by the law — up to an ounce is allowed for use by an adult — is hazy. Possession remains a federal crime, but Gov. Christine Gregoire, after meeting with Justice Department officials last week, said federal prosecutors gave her no clear indication of what they would do either before or after Dec. 6.

“We are following the will of the voters and moving ahead with implementation,” Ms. Gregoire said in a statement.

“Implementation” presents some high hurdles. The law allows only one year for the state to create a system of licenses for growers, processors and sellers, and to resolve equally confusing issues like the potency levels of the various products and the prices. Teams began meeting right after the election at the Washington State Liquor Control Board, which has been assigned to create and administer a marketplace.

Mr. Spangenthal-Lee, who has been writing for the Seattle Police Department’s crime blog, SPD Blotter, since March, said he tried to imagine all the questions people would ask about the new law and then follow his own nose as a newsman in getting the answers.

Will, for example, police officers be allowed to smoke marijuana?

“As of right now, no,” he wrote.

“Marijuana legalization creates some challenges for the Seattle Police Department,” the post said, “but SPD is already working to respond to these issues head on.”

A version of this article appeared in print on November 18, 2012, on page A20 of the New York edition with the headline: Counting the Days Till Marijuana’s Legal.

Source: New York Times (NY)
Author: Kirk Johnson
Published: November 18, 2012
Copyright: 2012 The New York Times Company
Contact: [email protected]
Website: http://www.nytimes.com/