Washington State Responds To Attorney General Sessions’ Veiled Threats

Jeff_Sessions_(29299022521)As first reported by Tom Angell of MassRoots.com, Washington State Governor Jay Inslee and Attorney General Bob Ferguson responded to a July 24 letter from US Attorney General Jeff Sessions, in which Sessions’ made multiple allegations all based on a single misleading 2016 report.

One would say, they didn’t pull any punches:

“Your letter, citing the March 2016 Northwest High Intensity Drug Trafficking Area (NW HIDTA) report on marijuana in Washington, makes a number of allegations that are outdated, incorrect, or based on incomplete information.”

 

Cutting right to the heart of the matter, i.e. facts, the Washington state leaders again articulated their desire to educate the (seemingly willing) ignorant Sessions.

“We have twice requested an in-person meeting with you because we believe it will lead to better understanding than exchanging letters. If we can engage in a more direct dialogue, we might avoid this sort of miscommunication and make progress on the issues that are important to both of us. We therefore reiterate our request to meet with you, followed by further appropriate meetings between state and DOJ officials.”

 

One of the most basic functions of government is to simply provide consistency and certainty in law enforcement. So after repeated efforts by the state’s leadership to receive clarification, basic facets of the Department of Justice’s approach are still unknown. In yet another attempt for guidance, the Governor and state Attorney General requested information on:

  • Whether DOJ intends to follow recommendations from its Task Force on Crime Reduction and Public Safety—in particular, its reported recommendation to continue previous federal policy on state legalization of marijuana.
  • Whether President Trump’s previous statements of support for medical marijuana, and leaving recreational marijuana legalization to the states, represent the policy of the federal government.
  • Whether DOJ will support reasonable federal policies allowing financial institutions to provide service to licensed marijuana businesses, in order to avoid the public safety risks and transparency problems associated with all-cash businesses.
  • How state-regulated marijuana should be treated by the federal government following the President’s declaration that the opioid crisis constitutes a national emergency, and whether the federal government will support objective, independent research into the effects of marijuana law reform on opioid use and abuse.
  • Whether the federal government will help protect public health by supporting agricultural research on the safety of pesticides used in marijuana cultivation.
  • Whether the federal government will support research into expedited roadside DUI testing methods for law enforcement, as alternatives to blood draws.

 

How Attorney General Sessions will respond, only time will tell.

You can click HERE to send a message to your Representative to urge their support for The Respect State Marijuana Laws Act, bipartisan legislation to prevent the Department of Justice from enforcing federal prohibition in states that have chosen to legalize medical or adult-use marijuana.

You can view the full letter from Governor Inslee and AG Ferguson below:

Washington Officials Respond to Sessions Marijuana Letter by tomangell on Scribd

Poll: Americans’ Support For Marijuana Law Reform At All Time High

legalization_pollA record percentage of American voters support reforming the nation’s marijuana laws, according to polling data released by Quinnipiac University.

Sixty-one percent of voters believe that “the use of marijuana should be made legal in the United States” — the highest percentage ever reported by the poll. Support for legalization is strongest among those between the ages of 35 to 49 (77 percent), those between the ages of 18 and 34 (71 percent), Democrats (70 percent), and Independents (67 percent). Support is weakest among those age 65 or older (42 percent) and Republicans (37 percent).

With regard to the use of medical cannabis, 94 percent of voters say that adults ought to be able to legally consume it therapeutically. Among those polled, no group expressed less than 90 percent support for the issue.

Finally, 75 percent of voters oppose “the government enforcing federal laws against marijuana in states that have already legalized medical or recreational marijuana.” Super-majorities of every group polled, except for Republicans (59 percent), hold this position.

The Quinnipiac poll possesses a margin of error of +/- 3.4 percent.

Study: Adult Use Marijuana Laws Do Not Adversely Impact Traffic Fatality Rates

thumbs_upThe enactment of statewide laws regulating the adult use and sale of cannabis is not associated with subsequent changes in traffic fatality rates, according to an analysis of traffic safety data (“Crash fatality rates after recreational marijuana legalization in Washington and Colorado”) published today in the American Journal of Public Health.

Investigators from the University of Texas-Austin evaluated crash fatality rates in Colorado and Washington pre- and post-legalization. They compared these rates to those of eight control states that had not enacted any significant changes in their marijuana laws.

“We found no significant association between recreational marijuana legalization in Washington and Colorado and subsequent changes in motor vehicle fatality rates in the first three years after recreational marijuana legalization,” author concluded.

They further reported, “[W]e also found no association between recreational marijuana legalization and total crash rates when analyzing available state-reported nonfatal crash statistics.”

Commenting on the findings, NORML Deputy Director Paul Armentano said: “These conclusions ought to be reassuring to lawmakers and those in the public who have concerns that regulating adult marijuana use may inadvertently jeopardize public safety. These results indicate that such fears have not come to fruition, and that such concerns ought not to unduly influence legislators or voters in other jurisdictions that are considering legalizing cannabis.”

A prior study published last year by the same journal reported that the enactment of medical marijuana legalization laws is associated with a reduction in traffic fatalities compared to other states, particularly among younger drivers.

Fatal accident rates have fallen significantly over the past two decades — during the same time that a majority of US states have legalized marijuana for either medical or social use. In 1996, the US National Highway Traffic Safety Administration reported that there were an estimated 37,500 fatal car crashes on US roadways. This total fell to under 30,000 by 2014.

A summary of the study appears online under ‘First Look’ on the apha.org website here.

Weekly Legislative Update 5/27/17

revolutionbumperWelcome to this week’s edition of the NORML legislative roundup!

Republican Gov. Phil Scott rejected legislation earlier this week, Senate Bill 22, which sought to eliminate criminal and civil penalties for the adult use and possession of marijuana. The Governor said that he did not support the legislation as written, but remains open to working with lawmakers over the summer on ways to amend the state’s cannabis policies.

In Maryland, Governor Larry Hogan has apparently chosen to not take action on legislation, House Bill 379 / Senate Bill 949 to permit those who received a criminal marijuana possession conviction prior to October 1, 2014, to seek expungement of their records, meaning the bills will go into effect.

Earlier this week, we sent out an update to our members pertaining the to status of cosponsorship to federal legislation. Click here to view it and take action. 

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Thanks for all you do and keep fighting,
Justin

Priority Alerts

Federal
Join The Caucus: With public support for reforming marijuana laws at an all time high, Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK) earlier this year formed the Congressional Cannabis Caucus to develop and promote sensible cannabis policy reform and work to ease the tension between federal and state cannabis laws.

Click here to email your Member of Congress to urge them to join the Congressional Cannabis Caucus

Colorado
SB 192, to protect the state’s adult use marijuana industry in case of a potential federal crackdown, would permit adult use growers and sellers to instantly reclassify their recreational marijuana inventory as medical marijuana “based on a business need due to a change in local, state, or federal law or enforcement policy.” In recent weeks, officials from the Trump administration have indicated that they may consider taking action against recreational marijuana providers, but that they will not likely move against state-licensed medical marijuana providers.

Update: S. 192 passed the Senate on May 9 and was transmitted to Governor Hickenlooper on May 18. The bill now awaits his signature or veto.

CO resident? Click here to send a message to the Governor urging his signature. 

New Hampshire
Legislation is pending in New Hampshire, HB 215, to establish a commission to study the legalization, regulation, and taxation of marijuana.

Police in New Hampshire arrest some 2,900 individuals annually for simple marijuana possession offenses. The continued criminalization of adult marijuana use is out-of-step with the views of New Hampshire adults, 62 percent of whom now endorse legalizing and regulating cannabis, according to a 2016 WMUR Granite State Poll.

Update: The bill received a favorable Senate committee report on May 25.

NH resident? Click here to send a message to your state Senator to support the bill. 

Minnesota
HF 2714, to amend the Minnesota Constitution to regulate the adult use, cultivation, production, and retail sale of marijuana was introduced May 20.

Earlier in the year, Deputy Minority Leader, State Rep. Jon Applebaum introduced additional legislation, HF 927, to permit the adult use, cultivation, production, and retail sale of marijuana has been introduced in the Minnesota House. Rep Applebaum said in support of his House bill, “The world is changing, and Minnesotans are rightfully developing different attitudes on marijuana. Other states’ successes, along with the failed prohibition attempts of others, have validated the need for a statewide conversation on legalizing the personal, recreational use of marijuana.”

MN resident? Click here to send your lawmakers a message in support of these efforts.

Texas
House Concurrent Resolution (HRC) 149 – Legislation proposed by Texas House Representative Eddie Lucio, III requests that the Lieutenant Governor and the Speaker of the House of Representatives create a joint interim committee to study the feasibility of medical cannabis in Texas. While an HRC is not required to hold an interim committee study, passing this Concurrent Resolution will ensure that the study takes place.

TX resident? Send a message to your lawmakers in support of HRC 149. 

 

Trying new marijuana products and edibles is associated with unexpected highs

Unexpected highs are a consequence of using new marijuana products and edibles, products that have flooded the marijuana market since legalization of recreational marijuana use.

Pro-pot arguments fly higher with likely voters

As more states consider legalizing recreational marijuana, a range of arguments for and against legalization is swirling around the national conversation. Which of these arguments resonate most strongly with Americans? It’s the arguments that support legalization, according to a new study.

George Rohrbacher: Trump Administration Plans To Ramp Up Government Regulation and Stifle New Marijuana Businesses

By George Rohrbacher,
Former Washington State Senator (R),
Former NORML board member

George Rohrbacher

George Rohrbacher

The Trump White House statement last week of plans for stricter enforcement of federal marijuana laws in states with newly voter-approved recreational marijuana laws signals Trump’s surprisingly pro-regulation, anti-business, anti-Liberty stance.

Cannabis prohibition is perhaps one of America’s most onerous forms of government regulation, regulation enforcement that comes with prison time and possible asset confiscation, regulation that has produced over 25,000,000 marijuana arrests. Think about that stunningly gigantic number for a moment. POT PROHIBITION IS GOVERNMENT REGULATION ON STEROIDS!

Marijuana legalization is the answer, and tens of millions of American voters have said so. They have repeatedly said, “YES”, to cannabis. This “culture war,” brewing for three or four generations, has finally been brought to a head by the voters themselves doing an end-run around the system. Even though we won 8 out of 9 cannabis legalization election efforts this past fall, the Trump Administration wants to turn back the clock.

As the American voter has taken their cannabis rights back state by state, a new, legal multi-billion dollar cannabis industry has sprung up- bigger, faster and more diversified than anyone expected. The Trump-Sessions Justice Department wants to kill it. Beyond just getting high, new unexpected markets are springing up everywhere, from upscale middle-aged women looking for a non-psychoactive sleep aid (CBD, etc.), to geriatric patients in nursing homes looking for a little more spring in their step, to a non-toxic substitute for prescription painkillers, drastically reducing opioid deaths and use. The markets this industry-in-the-making will service extend from getting-a-buzz-on, to optimum human health, and everything else in between. The Trump Administration has plans to stifle these burgeoning businesses!

The supposed lines of distinction between the categories of recreational and medical use of marijuana are not recognizable to this cannabis consumer with 48 years of experience. I’ve used pot daily for half-a-century because it makes me feel good. Farming for 40 of those years, my spine has received quite a beating and I’ve used cannabis for the pain of that too. The line between these two uses? Is there one? No, there are none.

Attorney General Sessions believes that while medical use might be okay sometimes, “recreational use is very, very different” (please cue up a showing of REEFER MADNESS). “Good people do not use marijuana,” Sessions believes. And those bad pot using people, like me, felons all by federal law, deserve to be arrested.

Under the Controlled Substances Act of 1970, marijuana is a Schedule I Drug. This gives our myopic, over-regulating federal government license to treat hemp like heroin. Schedule I Drugs, by their very definition, have no accepted medical use. While at this very same time, according to PubMed, the prohibited cannabis and its many surprisingly active cannabinoids show over 24,000 references in medical studies, half of them done within the last 10 years. This includes a VERY, VERY important clinical trial released just last month, done in England: a randomized, placebo-controlled study that showed cannabinoids effective in controlling blood sugar levels in Type 2 diabetics. Being that 1 out of 8 American adults suffers from diabetes, a disease with devastating health, societal, and economic costs, one would think that the discovery of an all-natural, non-toxic new treatment option for this horrible disease would be met with a standing ovation from the White House, instead of promises of increased Draconian Government Regulation.

If President Trump wants to live up to his pre-election rhetoric and take real action on those promises to cut government regulation…. Well, try this: Earth to Trump! Earth to Trump! De-Schedule Marijuana, for God’s sake.

To maintain their fantasy that marijuana is a dangerous drug and has no medical use while 29 states have legal medical marijuana, the people at the Justice Department who really truly believe that cannabis should be listed as a Schedule I Drug must be smoking something far, far stronger and much more dangerous than pot.

I’ve worn many hats in my life, the most important: dad, granddad, and husband. Also cattle rancher and farmer, small businessman, state senator and board member of NORML. I’m an active citizen married 47 years to a cannabis-using former school superintendent. I’ve been involved in local and regional land use planning, community development, wildlife and historical preservation. And all these many years those many hats have been sitting on a good-for-nothing, unrepentant pot-head.

As a farmer, I am by my very definition conservative. I served in the legislature as a Republican, from a party that believes in reducing government regulation and freeing up business to serve America…. And being able to make a profit while doing it!

Americans across the nation are clamoring: “Tax me, tax me, just please stop arresting me!” Hundreds of millions of new tax dollars to build schools and fix our roads have been generated by legal recreational marijuana sales. The Trump Administration wants to kill this new tax-generating business. Why??? Is it to protect Trump’s buddies at Big Pharma, Big Booze and Big Tobacco who worry about cannabis potentially cutting into their profits? Or is this Trump’s effort to harken back to the Greatness of the Ideas, Beliefs and Failed Policies of Richard Millhouse Nixon?

In attempting to answer this question: Why? Just run down the list of tried-and-true one-line answers to that question. My favorite is: “BUT, BUT… WHAT ABOUT THE CHILDREN???”

Yes, a very good question, indeed. It is THE question. It is always, ultimately, about the children. Those 25,000,000 Americans arrested for pot that I mentioned earlier in this piece? Every single last one of them was someone’s child, someone’s grandchild. And many, many of them had children of their own. And the toll on children of color is many times that of whites. Millions of lives have been ruined, and countless families were destroyed by these arrests.

Yes. Absolutely. It is all about the children. Which is why it is time to end marijuana prohibition.

Click here to join me in calling upon our members of Congress to join the newly formed Congressional Cannabis Caucus and finally re-legalize marijuana.

White House Press Secretary Hints Federal Marijuana Crackdown May Be Forthcoming

CongressWhite House Press Secretary Sean Spicer today said that the Trump administration may engage in “greater” efforts to enforce federal anti-marijuana laws in jurisdictions that have legalized and regulated its adult use.

In response to a question regarding how the administration intends to address statewide marijuana legalization laws, Spicer indicated that the administration views the regulation of marijuana for medical purposes as distinct from laws governing its adult use.

He said: “I’ve said before that the President understands the pain and suffering that many people go through who are facing, especially, terminal diseases and the comfort that some of these drugs, including medical marijuana, can bring to them.” He then added, But “there’s a big difference between that and recreational marijuana. I think that when you see something like the opioid addiction crisis blossoming in so many states around this country, the last thing we should be doing is encouraging people.”

On the latter topic, he concluded, “I do believe you will see greater enforcement” of anti-marijuana laws from the Department of Justice.

While campaigning, President Trump voiced support for the authority of individual states to impose regulatory policies specific to the use and dispensing of medical cannabis, but was somewhat less clear with regard to whether he believed that state lawmakers ought to be able to regulate the adult use of cannabis absent federal interference. For instance, he stated that changes in the law in Colorado — one of eight states to legalize the adult use of marijuana — had led to “some big problems.”

Senator Jeff Sessions, now US Attorney General, has been historically critical of marijuana policy reforms, stating: “[M]arijuana is not the kind of thing that ought to be legalized. … [I]t’s in fact a very real danger.” He also opined, “Good people don’t smoke marijuana,” and previously endorsed legislation to execute marijuana traffickers.

During his testimony before members of the Senate Judiciary Committee in January, Sessions indicated that as US Attorney General he may take a more aggressive approach than did the Obama administration with regard to states that have enacted recreational use laws.

Commenting on Spicer’s comments, NORML Deputy Director Paul Armentano said: “The press secretary’s comments are hardly surprising and they are similar to comments made by the new US Attorney General Jeff Sessions during his vetting process when he made clear that any use of marijuana remains against federal law and that ‘it is not the Attorney General’s job to decide what laws to enforce.’

“Ultimately, those who reside in jurisdictions that have legalized and regulated cannabis under state law will only truly be safe from the threat of federal prosecution when and if members of Congress elect to amend federal marijuana laws in a manner that comports with majority public opinion and the plant’s rapidly changing legal and cultural status. Certainly, Congressional passage of HR 975, ‘The Respect State Marijuana Laws Act,’ and/or re-authorization of the Rohrabacher-Blumenauer amendment would be steps in the right direction to protect patients and others in legal states from undue federal interference.

“If federal politicians were truly listening to the will of the electorate, they would move forward to enact these federal changes, which are strongly in line with voters’ sentiments. According to national polling data released today, 71 percent of voters — including majorities of Democrats, Independents, and Republicans — say that they “oppose the government enforcing federal laws against marijuana in states that have already legalized medical or recreational marijuana.” In short, undermining voters’ wishes and state laws in this regard not only defies common sense, it is also bad politics — particularly for an administration that is defining itself as populist in nature.”

TAKE ACTION:
Click here to email your member of Congress and urge them to support The Respect States’ Marijuana Laws Act.
Click here to email your member of Congress to insist that they join the newly formed Cannabis Caucus.

Polling: Voters Support Marijuana Law Reform By Record Numbers

Record numbers of voters support regulating the marijuana market and oppose federal efforts to interfere or undermine state laws permitting the plant’s use or sale, according to nationwide polling data released today by Quinnipiac University.

Ninety-three percent of voters — including 96 percent of Democrats and 85 percent of Republicans — support “allowing adults to legally use marijuana for medical purposes,” the highest total ever reported in a national poll. Among those respondents older than 65 years of age, 92 percent endorsed legalizing medical marijuana.

Fifty-nine percent of voters similarly support making the adult use of marijuana legal in the United States. That total is in line with recent polling data compiled by Gallup in 2016 which reported that 60 percent of US adults support legalization — a historic high. Respondents who identified as Democrats (72 percent) were most likely to support legalization. Fifty-eight percent of Independents also expressed support, but only 35 percent of Republicans did so. Among the various age groups polled, only those over the age of 65 failed to express majority support for legalization.

Finally, 71 percent of respondents say that they “oppose the government enforcing federal laws against marijuana in states that have already legalized medical or recreational marijuana.” This percentage is the highest level of support ever reported with regard to limiting the federal government from interfering in statesmarijuana policies.

The rising support may provide a boost for pending federal legislation, HR 975: The Respect State Marijuana Laws Act, which prevents the federal government from criminally prosecuting individuals and/or businesses who are engaging in state-sanctioned activities specific to the possession, use, production, and distribution of marijuana. You can urge your members of Congress to support this act by clicking here.

The Quinnipiac University poll possesses a margin of error of +/- 2.7 percentage points.

Hearing Set for Jeff Sessions Attorney General Nomination

Cannabis PenaltiesIt’s official, Senate Judiciary Committee Chairman Chuck Grassley has set January 10-11, 2017 for the confirmation hearing of noted marijuana law reform opponent Senator Jeff Sessions (R-AL) to become the next Attorney General.

Already it appears that Sen. Grassley will try to keep the hearings as short as possible and restrict the number of witnesses who testify. From the Judiciary Committee press release:

“The hearings for the four most recent Attorneys General lasted one to two days each. At each of those hearings, three to nine outside witnesses testified.”

It’s clear the hope is to rush the process as much as possible in order to obtain a successful confirmation given Sessions’ failed history of earning the approval of the Judiciary Committee for a previous judicial appointment in the 1980’s.

In 1986, Sessions was appointed by the Reagan Administration to serve as a federal judge, yet his confirmation was voted down 8-10 in the Republican controlled committee, with two Republicans joining the Democrats in opposition over claims of racial prejudice, including off handed remarks about supporting the Ku Klux Klan until he discovered that they smoke marijuana. At the time, Sessions was just the second judicial federal appointee denied confirmation in 50 years.

The implications for marijuana policies at the state level could be dire. As recently as April of this year, during a Senate hearing, Sessions proclaimed that “good people do not use marijuana.” How a potential Attorney General Sessions would treat the 29 states that have legalized medicinal or recreational marijuana is still unclear and could prove devastating to the decades of hard-fought progress that we have made on behalf of responsible marijuana users.

TAKE ACTION: Email your Senators and tell them to not approve Jeff Sessions as the Attorney General

When State Revenue and Personal Freedom Coincide

C1_8734_r_xWhat Gambling Can Tell Us About Legalizing Marijuana
I am old enough to remember when Nevada was the only state where gambling was legal. In 1931, during the Great Depression, the state legislature had legalized casino gambling as a way to stimulate their economy, create new jobs, and entice more people to the state.

For decades Nevada had a monopoly on casino gambling — that, along with legalizing “no fault” divorces, and later legalizing prostitution — when most states did not offer those options. These factors combined to give Nevada a reputation as a maverick state where people could visit to engage in naughty behavior without legal consequences. “What Happens in Vegas Stays in Vegas.”

The state is expected to legalize the recreational use of marijuana via voter initiative (Question 2) this November, which will further enhance that reputation.

Other states obviously knew that legal gambling was an alternative that might provide an economic boost to their states as well, but the prevailing morality at the time was far too negative towards gambling for elected officials in other states to pursue. It was a time when the religious communities had successfully convinced most Americans that a life of virtue, not vices, was the path to happiness.

But social mores change over time, and as gambling began to be seen as a legitimate form of entertainment, instead of a moral sin, the tax revenue and economic benefits from legal gambling were more attractive. In 1977, by voter initiative, New Jersey legalized casino gambling in Atlantic City, offering an east coast version of Nevada, where gambling hedonists could legally do what they could not yet do in their own states.

And gradually the barriers banning legal gambling began to crumble nationwide, leading to a situation today in which every state has some form of legal gambling, such as state-run lotteries, albeit with strange limitations in some states (e.g., in Missouri it is illegal to gamble on land, but perfectly legal to have casinos on riverboats on the Mississippi and the Missouri rivers, although the boats never leave the shore).

The Balancing Test.

Which leads to the question of why behavior thought by many to be inappropriate (or even morally offensive), can nonetheless sometimes be legalized? Or put another way, when is conduct with the tinge of sinfulness out-weighted by the potential for economic benefits to the states?

I raise that question because of the increasingly profitable side of legal marijuana in the states that have elected to regulate and tax marijuana. As the latest revenue data make clear, legalizing marijuana has been an enormous benefit for the few states that have taken that step, and that fact will be more and more difficult for neighboring states to ignore over the coming years. As we saw with gambling, once the economic benefits of legal marijuana are obvious, the moral opposition will fade and the economic arguments will prevail.

The Latest Data from Colorado and Washington

In Colorado, the first state to get their legal retail outlets up and running on January 1, 2014, the gross sales of marijuana, and the tax revenue to the state, have continued to rise each year. For 2015, licensed marijuana stores in the state totaled an astounding $996,184,788 – just shy of $1 billion dollars, up from $669 million in sales in 2014.

Colorado collected more than $135 million in taxes and fees last year (including $35 million dedicated to school construction), up from $76 million in 2014 (when $13.3 million was raised for schools).

In Washington state, marijuana retail sales reached $322,823,639 in 2015, up from only $30,783,880 in 2014, when retail outlets were open for only a portion of the year. That 2015 sales figure has already been eclipsed in the first seven months of 2016.

The state retail tax revenue for fiscal year 2016 from recreational marijuana sales totaled $30,017,823, while state retail sales taxes from the sale of medical marijuana totaled $5,236,536. Local retail sales tax totaled $11,228,861 from recreational sales, and local retail tax totaled $2,084,323 for medical sales.

These, as Republican presidential nominee Donald Trump might say, are “yugee” numbers, and they are continuing to increase each year, making them more and more difficult to ignore by other states.

Marijuana Legalization is Inevitable

Which brings me to my main point. At a time when several national polls confirm that between 55 and 61 percent of the entire country now favor full legalization, it is difficult to argue that marijuana smoking is, any longer, considered immoral behavior. Sure, there are pockets of fundamental moralists to whom anything pleasurable will always be suspect behavior, including sex, drugs, and rock-and-roll. But this puritanical perspective is finding less and less support each year, and when balanced with the economic windfall that results when a state legalizes marijuana, it simply cannot prevail.

Today a majority of Americans under 65 support marijuana legalization, particularly younger adults: 71 percent of adults under 35 think marijuana use should be legal, a jump of 10 points since last year. The demographics are clear and unstoppable, as younger voters replace those over 65.

Just as all states now have some form of legal gambling, within a few short years, all states will offer some form of legal marijuana. It’s the smart thing to do; it’s the right thing to do; and it’s inevitable in a democracy, when most people want it.

__________________________________________________________________________

This column originally ran on ATTN:

http://www.attn.com/stories/10830/what-gambling-can-tell-us-about-marijuana-legalization

 

Ending Prohibition When Only 13% of Adults Are Smoking?

C1_8734_r_xThe latest Gallup Poll, based on polling conducted from July 13-17, 2016, reports that 13% of adults in the US are current marijuana smokers, and 43% have smoked marijuana at some point in their lives. According to Gallup, the numbers of adults acknowledging their personal use of marijuana has risen from 7% in 2013 to 11% in 2015; and to 13% in 2016.

This may surprise some marijuana smokers, who tend to choose their friends (at least partially) based on their mutual enjoyment of marijuana, and to whom it may seem as if a majority of Americans are current smokers, but the great majority of Americans are not current marijuana users.

The results show that age and religiosity are key determinants of marijuana use. Almost one in five adults (19%) under the age of 30 report currently using it — at least double the rate seen among each older age group.

In addition, religiosity appears to be a key determinant for current marijuana usage, with only 2% of those who report regular church attendance and 7% of those who report frequent church attendance acknowledging current marijuana usage. Apparently marijuana smoking is still considered bad behavior, or “sinful,” among some religious communities.

 How Are We Winning Politically?

Which raises the obvious question: how is the legalization of marijuana continuing to move forward politically in more and more states if only one out of 8 Americans are current users? The answer: you don’t have to be a marijuana smoker to oppose prohibition.

Most of us support gay rights, although most of us are not gay or lesbian; and most of us support equality for all minorities, while by definition most of us are not minorities. Most Americans seek to treat others in a fair manner, despite our gender or racial differences, or our sexual preferences. And the same is true about marijuana smokers.

A majority of the non-smokers have concluded that marijuana prohibition is a failed public policy that causes more harm to society than the use of marijuana itself. They favor an end to marijuana prohibition, although they are not “pro-pot.” In fact, a recent poll by The Third Way discovered that nearly two-thirds (64%) of the non-smokers who favor legalization continue to hold an unfavorable impression of recreational marijuana smokers. They do not believe we should be treated like criminals, but neither do they approve of our marijuana usage.

Current Support Levels

 From a low of only 12% public support for legalization when NORML was founded in 1970, we have seen those support levels build gradually over four decades, as Americans became more familiar with marijuana and less fearful of the possible harm from responsible marijuana smoking. Gallup first found a majority of Americans supporting full legalization in 2013, and their most recent data (released in October, 2015) finds the current support level at 58%. Several other national polls find similar support levels, with one 2016 Associated Press poll finding support at 61%.

All of which suggests that we have largely won the hearts and minds of most adult Americans, including a majority of those who do not smoke. And that is really all we need to continue forward politically. We don’t need to “turn-on” more Americans. Rather we need to continue to demonstrate that responsible marijuana smokers present no threat to non-smokers, or to society as a whole.

So long as we do that, a clear majority of Americans are willing to respect our right to smoke marijuana, just as tens of millions of Americans enjoy a beer or a glass of wine when they relax at the end of the day. Thankfully a majority of Americans understand and support the concept of personal privacy.

 

A minute of secondhand marijuana smoke may damage blood vessels: Study in rats

Rats’ blood vessels took at least three times longer to recover function after only a minute of breathing secondhand marijuana smoke, compared to recovery after a minute of breathing secondhand tobacco smoke. With many states legalizing medical and recreational marijuana, and possible corporate expansion within the cannabis industry, this type of research is important to help understand the health consequences of exposure to secondhand marijuana smoke, researchers said.

2016 Marijuana-Related Statewide Ballot Proposals

ballot_box_leafWe’ve said it before and we’ll say it again: 2016 is set to be a monumental year for marijuana law reform. There are currently nine pending ballot initiatives to either legalize adult marijuana use or to legalize the use of medical marijuana for qualifying medical conditions. The country could double the number of states that allow the recreational use of marijuana and could potentially expand the therapeutic benefits of marijuana use to millions of Americans come November.

Find below a summary of each of these pending initiatives, links to the campaign websites and to the initiative texts so you can be an informed voter this November. (A Michigan social use initiative effort is in litigation and is not included in the summary below.)

Arizona
Name: Arizona Regulation and Taxation of Marijuana Act
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: The Campaign to Regulate Marijuana Like Alcohol (Marijuana Policy Project)
Website: Regulate Marijuana Like AlcoholInitiative Language
Summary: The Regulation and Taxation of Marijuana Act allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana; it creates a system in which licensed businesses can produce and sell marijuana; establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and provides local governments with the authority to regulate and limit marijuana businesses.


Arkansas
Name: The 2016 Arkansas Medical Cannabis Act
Ballot Number: N/A
Proponents: Arkansans for Compassionate Care
Website: The Arkansas Medical Cannabis ActInitiative Language
Summary: The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.


California
Name: Adult Use of Marijuana Act
Ballot Number: Proposition 64
Proponents: Let’s Get It Right CA
Website: Yes on Prop 64Initiative Language
Summary: Passage of the measure would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” The AUMA is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML. Sixty percent of likely California voters say that they intend to vote for the initiative this fall, according to a February 2016 Probolsky Research poll.


Florida
Name: Use of Marijuana For Debilitating Conditions
Ballot Number: Amendment 2
Proponents: United For Care
Website: United For CareInitiative Language
Summary: Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. According to a recent statewide poll, 68 percent of Florida voters say that they support the passage of the amendment. According to Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.


Maine
Name: Marijuana Legalization Act
Ballot Number: Question 1
Proponents: Campaign to Regulate Marijuana Like Alcohol
Website: Regulate MaineInitiative Language
Summary: If enacted by voters in November, the measure would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.


Massachusetts
Name: Marijuana Legalization Initiative
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: The Campaign to Regulate Marijuana Like Alcohol in Massachusetts
Website: Regulate Marijuana Like AlcoholInitiative Language
Summary: The initiative allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.


Missouri
Name: New Approach Missouri
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: New Approach Missouri
Website: New Approach MissouriInitiative Language
Summary: The initiative creates a statewide system for production and sale of medical cannabis and medical cannabis products. It also provides for limited and regulated patient cultivation. The initiative levies a four percent retail tax, and all revenue in excess of the cost of regulating the medical cannabis program will go to help Missouri’s veterans. The initiative maintains the current prohibition on public use and driving under the influence. It also allows the Department of Health and Senior Services to institute a seed-to-sale tracking system to ensure that the product and money do not reach the illicit market. The initiative puts the Missouri Department of Health and Senior Services in charge of licensing and implementation, but also allows the department to contract with other state agencies when necessary for effective and efficient regulation. Sixty-two percent of registered voters voice support for the measure, according to survey data compiled by Public Policy Polling.


Montana
Name: Montana Medical Marijuana Initiative
Ballot Number: I-182
Proponents: Montana Citizens for I-182
Website: YesOn182Initiative Language
Summary: I-182 repeals the limit of three patients for each licensed provider, and allows providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state.


Nevada
Name: Nevada Marijuana Legalization Initiative
Ballot Number: Question 2
Proponents: Coalition to Regulate Marijuana Like Alcohol in Nevada
Website: Regulate Marijuana Like Alcohol in NevadaInitiative Language
Summary: The ballot language permits adults to possess and grow personal use quantities of cannabis (up to one ounce and/or six plants) for non-commercial purposes. The measure also regulates and taxes the commercial production and retail sale of cannabis. It states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.”

What leads to the local adoption and implementation of recreational marijuana policies?

When states move to legalize marijuana, local governments are faced with enacting — or in some cases restricting — the policy change in their jurisdictions. Using Colorado as a case study, a new study finds that public opinion, tax revenues and existing medical marijuana policies affect local governments’ decisions to allow the sale of recreational marijuana.

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