It is 4/20 again and time for my annual review of the progress the marijuana reform movement has made in the past 365 days. Without a doubt this was the best year for the movement so far, in the future it may be looked back on as the single most significant year in the long process of ending marijuana prohibition.

Legalization in Colorado and Washington State – Obviously the big accomplishment was voters in not one, but two states deciding to legalize marijuana. In Colorado, Amendment 64 was approved with 55.3 percent of the vote, and in Washington State Initiative 502 won with 55.7 percent of the vote. In both states now marijuana is legal for adults over 21 and in the near future retail marijuana stores should soon open.

The victories where huge on multiple levels. They proved voters are ready to support legalization and both states will serve as laboratories of democracy. They will show the rest of the country that legalization is a smart policy and how it should be done.

Public Opinion – The other big development this year is that two of the biggest national pollsters found for the first time more than half the country thinks marijuana should be legal. In December Quinnipiac found 51 percent think marijuana should be legal, and earlier this month Pew Research found 52 percent support for legalization. Combined with the recent victories at the ballot box there is a growing sense that the tipping point has been reached.

Medical Marijuana – In addition to the the big victories, there have been numerous smaller advances. The Maryland legislature approved a very tightly regulate medical marijuana law, and last November Massachusetts voters overwhelmingly approved a medical marijuana initiative. Given how well marijuana reform has done on the ballot in the state, it is likely to be a top target for a full legalization initiative in 2014 or 2016.

Decriminalization – Since the last 4/20 the Connecticut legislature has decriminalize  possession of up to an ounce of marijuana.

The Bad News – The most significant setback for the movement over the past 365 days was the narrow failure of Measure 80, which would have legalized marijuana in Oregon. It lost 46.6 percent yes to 53.4 percent no. Even though it suffered from real concerns about how it was drafted and an underfunded campaign, it still did surprisingly well. The silver lining is that the relatively close election results spurred the Oregon legislature to take a more serious look at legalizing marijuana.

Image by u s o t s u k i u s a g i under Creative Commons license

We now have our first really good preview of how the legal market for marijuana will likely work in Colorado. The task force created by Gov. John Hickenlooper (D) to come up with recommendations on how to implement the newly approved Amendment 64 has finally released its official report. While the state government will probably not adopt every suggestion of the task force, this document should serve as the basic road map for implementation.

In addition to helping to shape the new marijuana rules in Colorado, it is likely this report will end up having national implications. It will probably directly or indirectly influence future marijuana legalization laws/regulation in other states.

The report is 165 pages and contains a total of 58 individual policy recommendations. The recommendations cover everything from how marijuana growers should be regulated to how products should be labeled and packaged. Here are just a few of the recommendations most likely to be of interest to an average consumer.

• Only Colorado residents should be allowed to attain licenses to run a marijuana business.
• Both residents and visitors should be permitted to buy marijuana for personal use, but the state could adopt a lower per-transaction purchase limit for non-residents. The highest possible limit would be one ounce per purchases because legally that is the most an adult is allowed to possess under the new law.
• Allow marijuana stores to only sell marijuana or related products.
• Require all marijuana products to label the THC content, list of non-organic pesticides used to in growing, and the point of origin.
• All marijuana products sold should be in child-proof packaging with a warning label.
• Limit THC per serving in marijuana infused products.
• Don’t allow marijuana products to also contain nicotine or alcohol.

These recommendations are non-binding but it is likely that many of them will be adopted in some form by the state.

This is the beginning of a very important transition in marijuana policy. The big political issue is no longer just whether or not marijuana should be legal but how it should be regulated and taxed.

Now that marijuana legalization initiatives have been approved in Colorado and Washington State, the big question for the marijuana reform movement is what should be the next move. Mainly, should there be a push to put similar legalization initiatives on the ballot in targeted states in 2014 or is it better to wait until the 2016 election?

It is an important strategic decision. Each initiative campaign requires a significant time and financial commitment. The close failure of an initiative can also run the risk of causing issue fatigue among voter,s forcing the community to wait several cycles before trying again. Without directly choosing a side, I want to present what seem to be the best arguments for each.

2014 – Moving as quickly as possible

• The moral imperative – If you believe marijuana prohibition is bad policy that is needlessly hurting people then it can be argued that you have a duty to try to end it as soon as possible. You should not let bad policies persist a moment longer than absolutely necessary. There are a few states that might be able to narrowly approve a legalization measure in 2014.
• Strike while the iron is hot – Support for legalization has grown steadily for the past two decades and it’s assumed support will continue to grow in the near future, but that might not be the case. It is possible that some new development in 2015, like say a strong federal response against Colorado and Washington State, could temporarily reverse this trend. If an initiative looks like it stands a decent chance of winning in 2014 it might make sense to seize the moment on the off chance that the support could drop before 2016.
• Maintaining the momentum – People are currently excited about the recent victories but four years is a long time. If an initiative won in 2014 it could help keep the issue prominent.

2016 – Waiting for the best chance of success

• A more favorable electorate – 2016 will be a presidential year election. Traditionally, presidential elections see much higher turnouts from young voters who tend be the strongest supporters of legalization. Post-election polling indicates that if California’s 2010 Proposition 19 had been on the ballot during a Presidential election it would have done roughly two percentage points better. That could easily make the difference between a narrow win and a narrow loss.
• Support will likely keep growing – Polling shows support for legalization has been growing steadily for decades and it will likely continue to grow. Waiting just two extra years could make winning an initiative campaign noticeably easier.
• More time to build support – Part of why Amendment 64 did so well in Colorado is that activists in the state had spend years laying the groundwork. The extra time could be used to better prepare for the campaign.
• A premature loss could destroy the national narrative – The recent victories have created the national perception that legalization has momentum, but if the next set of initiative campaigns happened prematurely and failed, that could ruin this narrative. This narrative perception is very important because less than half the states allow initiatives and eventually the issue will need to be dealt with at the federal level. For legalization to spread to non-initiative states legislators need to feel there is a broad wave of support for change.
• Potential for a friendly presidential nominee – With support for legalization growing there is a good chance at least some of the presidential hopefuls in 2o16 might try to curry favor with young people on the issue. People might be more inclined to vote for a legalization initiative if at least one of the presidential candidates promised not to use the federal law enforcement to interfere.

A the moment there seems to be some coalescing around the strategy of waiting until 2016. At the recent NORML conference in California there was mostly agreement among activists that 2016 was the best time for a legalization initiative. In addition, MPP is currently planning to focus most of its state-wide initiative efforts on getting ready for 2016. It is still roughly a year before any decision will need to be made so of course everything is subject to change based on new developments.

Photo by marijuana2007b under Creative Commons license.

Yesterday, when Colorado Governor Jon Hickenlooper added Amendment 64 to the state’s constitution it became legal for adults to possess, use and even grow a limited quantity of marijuana for their personal. This historic moment was in part made possible thanks to the work of Mason Tvert, who was an official proponent of the initiative and the co-director of the campaign in support of it.

I recently had a conservation with Mr. Tvert about Amendment 64 and what he thinks it will mean for the future of marijuana legalization. This should be the first in a series of conversation over the next year with people directly or indirectly involved in all the aspects marijuana legalization now that it is officially legal Colorado and Washington State. This is an exciting time for marijuana policy reform with many political, regulator, and judicial issues soon to be address.

JON WALKER: – The polling going into Election Day showed Amendment 64 just barely passing, but it ended up getting more votes than President Obama. Did the size of Amendment 64’s victory in Colorado surprise you? Why or why not?

MASON TVERT: – I was relatively confident that a majority of Coloradans were ready to adopt a more sensible approach to marijuana, but I was surprised by how strong that majority ended up being. The turnout associated with a presidential election likely contributed to the boost in support, which has been the case every time a marijuana initiative has been on the ballot during a presidential election year. The impact might have been even more pronounced given Colorado’s status as a swing-state, in which GOTV efforts were likely more intense and better funded. Overall, though, I have little doubt that the strength of our support was the result of the groundwork we laid here in Colorado over the past eight years. Public education efforts, local and state ballot measures, and the successful establishment of a rapidly developing system of medical marijuana regulation has produced an electorate with far more knowledge of marijuana than most. And when people know more about marijuana, they are almost always more likely to support ending its prohibition.

WALKER: – What is your biggest worry for Amendment 64 moving forward, and what current signs make you most hopeful?

TVERT: – Our biggest concern is that some of our elected officials might fail to represent the voters who elected them. We are glad that our governor, attorney general, and legislature have begun to move forward with implementation by initiating the formation of a task force that will study the issue and provide recommendations to the legislature as it takes on the establishment of the regulatory system during the upcoming session. It is has also been great to see prosecutors and police across Colorado announcing they will no longer be filing new cases or making arrests for adult possession, and in some places they are dropping pending cases.

At the federal level, legislation is moving forward that would take marijuana out of the federal government’s hands, and more supporters are beginning to emerge. For example, Rep. Diana DeGette (D) and Rep. Mike Coffman (R) of Colorado, who have never been out front on the issue, have taken the lead in introducing such a bill and are being joined by other members in a reinvigorated push in Congress. A nationwide survey conducted by Public Policy Polling found that a strong plurality of Americans believe the federal government should allow Colorado and Washington to move forward with implementation, compared to just 33 percent who support interfering. It also showed that 50 percent of Americans believe marijuana will be legal at the federal level within 10 years. With two states regulating marijuana for adult use, 18 medical marijuana states (plus D.C.), legislatures nationwide taking up the issue, and public support growing, the writing is on the wall.

WALKER: – It seems the federal government could adopt one of three basic responses: It could sue Colorado to try to stop the amendment, it could wait until the commercial sector starts developing and then raid businesses, or it could take a mostly hands-off approach. Do you currently have any indication about what response seems likely?

TVERT: – The Department of Justice has continued to say it is reviewing the initiative, and it has yet to indicate what its approach will be.

WALKER: – As one of the first ballot measures passed to legalize marijuana, Amendment 64 will likely be seen as a model for other states moving forward. What aspects of your new law do you think are likely be adopted more widely?

TVERT: – Passage of Amendment 64 demonstrated that voters are becoming increasingly comfortable with the idea of allowing adults to privately use and grow limited amounts of marijuana. They recognize that law enforcement could be doing more productive things than arresting and prosecuting individuals for such activities. As other states begin to take on this issue, they will also look to the economic benefits of a Amendment 64 and the amount of revenue and savings produced by such a measure. Since industrial hemp is such a no-brainer, I think it will be included in these types of laws whenever possible.

Gov. John Hickenlooper today signed an Executive Order that makes an “official declaration of the vote” related to Amendment 64. That declaration formalizes the amendment as part of the state Constitution and makes legal the personal use, possession and limited home-growing of marijuana under Colorado law for adults 21 years of age and older.

It is still illegal under state law to buy or sell marijuana in any quantity and to consume marijuana in public or in a way that endangers others.

“Voters were loud and clear on Election Day,” Hickenlooper said. “We will begin working immediately with the General Assembly and state agencies to implement Amendment 64.”

It is now legal for adults over the age of 21 to possess up to an ounce of marijuana. It is also legal for adults to grow a limited amount of marijuana for their personal use.

Amendment 64 will even allow the for the highly regulated production and retail sale of marijuana, but it will be over a year before those changes are implemented. The state will need to write new regulations first before such a system can be put in place.

Colorado has now become the second state where it is legal for adults to smoke marijuana. Last week Initiative 502 took effect in Washington State.

Boulder District Attorney Stan Garnett

Even though last week the voters of Colorado overwhelmingly approved Amendment 64, it will be roughly a month before it is officially added to the state constitution and goes into effect. In the meantime adult marijuana possession is still technically a crime under state law. But already at least one district attorney is responding to the clear will of the electorate. In Boulder the DA is dismissing several pending minor marijuana cases. From the Boulder Daily Camera:

District Attorney Stan Garnett will dismiss all pending criminal cases of possession of less than an ounce of marijuana, saying the overwhelming support for Amendment 64 in Boulder County makes it highly unlikely a jury would ever reach a guilty verdict in any of those cases.

“You’ve seen an end to mere possession cases in Boulder County under my office,” Garnett said Wednesday, becoming the first Colorado district attorney to drop pot cases because Colorado voters approved Amendment 64 earlier this month.

As a result of the announcement, police officials across Boulder County also stated they will no longer issue marijuana-possession citations in light of Amendment 64. The constitutional amendment will legalize possession of up to one ounce of marijuana in Colorado for those 21 or older.

Earlier this week a similar thing happened in Washington State, with two of the largest counties dismissing hundreds of pending marijuana cases as a result of the recently approved marijuana legalization initiative. Hopefully these actions will encourage other district attorneys in both states to follow suit. It is simply a waste of resources to prosecute individuals for something the electorate doesn’t think should be a crime and won’t be a crime by the beginning of next year.

Photo by Jeffrey Bealle under Creative Commons license.

Washington State and Colorado made history this year by ending their prohibitions of marijuana, sounding a powerful rebuke against the colossal failure that is our nation’s War on Drugs.

Both Initiative 502 and Amendment 64 mount serious challenges to the federal government’s posture on marijuana, and while the country watches to see what happens next, Just Say Now and our movement of committed activists is preparing to protect legalization from intervention at all costs and push for new reforms across the United States.

Just Say Now activists played a critical role in the passage of this year’s historic reforms. Here’s a look at what our netroots GOTV campaign was able to accomplish in one month’s time:

• Called 10,500 voters across initiative states
• Registered over 1,280 voters
• Recruited 2,000 grassroots volunteers
• Ran ads to 685,000 people
• Raised $12,000 to get out the vote

Our volunteer phone bank was home to some of our most dedicated activists of the campaign, some of whom made over 1,000 phone calls eachfor marijuana legalization. This year’s top 5 callers are:

• Jim Johnson – 1,720 calls
• Henry Rauchweld – 1,711 calls
• Patrick Ellis – 702 calls
• John Roark – 228 calls
• Amanda Rain – 218 calls

A big thanks to everyone who joined our call campaign and spoke to voters about marijuana reform — you helped lead us to victory by taking the time to speak with someone directly about the importance of ending prohibition.

What’s next for marijuana reform?

The next phase for our movement is to protect our gains while organizing to end prohibition in other states in 2014 and beyond.

As Just Say Now predicted when we launched in 2010, marijuana legalization was realized with the overwhelming support of young voters. Our Senior Policy Analyst Jon Walker noted that young voters were largely responsible for pushing Washington and Colorado over the top; in Washington, the youth vote jumped from just 10% to 22% of the electorate from 2008 with legalization on the ballot. This rapidly growing segment of the voting public will undoubtedly carry marijuana reform to states across the nation and will become more influential over drug policy with time.

But there is no reason to believe the war on marijuana is anywhere near over. The Drug War Industrial Complex is far too entrenched in so many areas of life and governance, from the Justice Department to local law enforcement to private prisons, the FDA, defense contractors and beyond. This struggle will necessarily involve dismantling the myriad economic and social incentives that make up the lifeblood of the Drug War, and ending marijuana prohibition is only the beginning.

Some former government officials have wasted no time issuing threats, assuring the public that the President will intervene in no time. Kevin Sabet, former adviser to Obama’s drug czar Gil Kerlikowske, led the charge by telling reporters, “This is a symbolic victory for (legalization) advocates, but it will be short-lived. They are facing an uphill battle with implementing this, in the face of … presidential opposition and in the face of federal enforcement opposition.” Unfortunately for Mr. Sabet and his colleagues, while the road will certainly be tough-going for reformers such as ourselves, it is the Drug Warriors who are on the wrong side of history and face an uphill battle in blocking the implementation of a policy more popular among voters in Colorado than both President Obama and Governor Romney.

Despite having majority public opinion on our side, we will need to be cautious and aggressive in our defense of legalization. We can no longer allow the public to be intimidated by the show of brute force we expect from the federal government, and demonstrate that their voices cannot be browbeaten into submission. A loud, united front against intervention must be brought to the court of public opinion if we hope to stop the Obama administration from dismantling legalization.

Where will the next fight against prohibition take place? Activists are looking to California to legalize it in 2014 after a close but ultimately disappointing attempt with Prop 19 in 2010. Massachusetts, which passed medical marijuana with 63% in support, could be a perfect place to end prohibition that year as well. New Yorkers may find a medical marijuana campaign taking root in their state over the next few months. Wherever movements to reform our unjust marijuana laws take place, Just Say Now will be there to encourage them and organize activists in their support.

We will also continue organizing activists in support of rescheduling marijuana so it can be prescribed by doctors nationally and end this insane state-by-state prohibition that leaves so many patients helpless and stigmatized. While successful legalization may be a ‘new frontier’ for reform, we cannot and will not forget the many thousands of patients who suffer under the grip of prohibition either.

Just Say Now will work hard to promote the benefits of legalization as they make themselves known in Washington and Colorado, and we will work even harder to protect those benefits from federal intervention. We will also continue our efforts to work with marijuana reform campaigns to pass ballot initiatives in states across the country just as we did in Colorado, Washington and Massachusetts this year.

Why we fight: the Drug War and mass incarceration

It’s important – especially after victory – that we reflect on why we are doing this in the first place. For Just Say Now, marijuana legalization is about much more than an individual’s right to use, sell or purchase marijuana; it’s about the decades of irrational “tough on crime” politicians, policies and institutions that have put more black men behind bars today than were enslaved in 1850. Despite the Drug War’s best efforts, marijuana use continues to grow at a steady rate each year, and the majority of those using it — whites — almost never come in contact with the laws they are breaking.

The fact is that the Drug War is not very good at stopping people from using marijuana or weakening drug cartels, but is incredibly good at locking people up and excluding them from society as felons. One could reasonably argue, based solely on its results, that America’s longest war may not actually be about combating drugs after all, but about the efficient mass incarceration of minorities instead — what’s becoming known as the “New Jim Crow.”

The war on marijuana is a war on the people, and Just Say Now was started to fight against this gross injustice tooth and nail. But ending marijuana prohibition and the War on Drugs will take a lot more than just passing ballot initiatives each election cycle. We need to dig deep and change laws and legal structures at the federal, state and local levels and remove the gargantuan financial incentives that keep this hideous system of control plodding relentlessly forward. The various parts that make up the Drug War and have fueled mass incarceration have done nothing for America but tear apart our communities and turn what’s left against one another.

If this year’s victories are any indication, we’re on track for a better world if we keep working together. From the entire Just Say Now team, thank you so much for your inspiring level of determination and support, and we look forward to having you on our side for the struggle ahead. We could never have done this without you.

Young and voting

One important take away from this election may be that if you want to significantly increase youth turnout, put marijuana legalization on the ballot. Both nationally and in the important swing states, the percentage of the vote that came from adults under 30 was basically unchanged since the 2008 election. According to the exit polling data from CNN, the youth vote was 18 percent of the electorate in 2008 and 19 percent of the electorate in this past election.

By comparison, in the three states with marijuana legalization initiatives on the ballot, Colorado, Oregon and Washington State, there was a significant surge in the voters age 18-29. In 2008 young people made up just 14 percent of the vote in Colorado but this year it was 20 percent. Even more incredibly, in Washington State the youth vote went from just 10 percent of the electorate last election to 22 percent this time.

It is theoretically possible that some unrelated factors or bad data caused there to only be a huge increase in the youth vote in these three states but having marijuana legalization initiatives on the ballot appears by far the most likely cause. Young voters overwhelming support marijuana legalization and it is something they strongly care about. This big increase in the youth vote helped Initiative 502 in Washington state and Amendment 64 in Colorado win by such large margins.

It seems that marijuana legalization is uniquely able to get a large number of young adults to turnout to vote in a way almost no other issue can. Marijuana legalization initiatives appeared to have significantly increased youth turnout in both safe presidential states, like Washington, and also in traditional swing states, like Colorado.

The lesson for politicians and political strategists appears to be that if you want to significantly increase youth turnout, make the election about legalizing marijuana.

Image by maireads under Creative Commons License.

Homegrown.

Among Colorado voters marijuana legalization is more popular than President Obama or Mitt Romney. This Tuesday the voters in the state approved Amendment 64, which legalizes marijuana under state law, by a remarkably large margin. With most of the vote now counted, Amendment 64 was approved 54.92 percent yes to 45.08 percent no.

As it currently stands 1,307,288 people in Colorado went to the polls and voted to legalize marijuana. By comparison, only 1,252,269 people in the state cast a ballot for Barack Obama for President and just 1,135,165 voted for Mitt Romney. More voters in Colorado want marijuana to be legalized than believe Obama should serve a second term.

This is not just an interesting factoid but could have real political implications at both a local and national level. Unlikely Washington State, which also legalized marijuana this year, Colorado is not some liberal bastion. In 2010 Colorado featured one of the most competitive Senate races, and for the past several presidential elections it has been one of the most heavily contested swing states. Colorado is a place both major parties are competitive statewide.

Amendment 64′s strong victory shows that marijuana legalization is not just a winning issue in heavily Democratic areas, but is a position that is now popular in the so-called purple states. If as a politician you oppose marijuana legalization in a place like Colorado you now risk alienating the majority of the electorate. Publicly endorsing marijuana legalization should now be viewed as a politically smart move in large segments of the country.

The fact that marijuana legalization has noticeably more support than Obama in Colorado may also have an impact on the law’s implementation in the state. If there are showdowns with federal agencies over marijuana being legal under state law the fact that it is more popular than the President could encourage local officials to side against the feds.

Photo by lookcatalog under Creative Commons license.

Colorado-Amendment 64
SurveyUSA (10/28-31)
Also on the Colorado ballot in November is Amendment 64, which would decriminalize marijuana in Colorado. If you were filling out your ballot right now, would you vote Yes on 64? Or No on 64?
Yes 50%
No 46%
Not Sure 6%

Colorado-Amendment 64
PPP (11/3-4)
Amendment 64 is an amendment to the Colorado constitution concerning marijuana, and, in connection therewith, providing for the
regulation of marijuana; permitting a person twenty-one years of age or older to consume or possess limited amounts of marijuana; providing for the licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail stores; permitting local governments to regulate or prohibit such facilities; requiring the general assembly to enact an excise tax to be levied upon wholesale sales of marijuana; requiring that the first $40 million in revenue raised annually by such tax be credited to the public school capital construction assistance fund; and requiring the general assembly to enact legislation governing the cultivation, processing, and sale of industrial hemp. If the election was today, would you vote or against Amendment 64?
For 52%
Against 44%
Undecided 4%

According to the SurveyUSA, among the roughly 60 percent of the electorate that had already voted at the time of their poll Amendment 64 is actually losing 49 percent to 48 percent, but it has strong support among people who plan to vote on election day.

Given how close the polls are the fate of Amendment 64 will all come down to turnout tomorrow. If those young voters who support marijuana legalization turnout in large numbers tomorrow the measure should narrowly pass, but if they don’t it will likely fail.

The chances are good that the voters of Colorado will make history by legalizing marijuana tomorrow, but it is going to be a real nail biter.