The Push to Legalize Marijuana: It's Real

slimvictor

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APR 2 2010, 6:00 PM ET

http://www.theatlantic.com/politics/archive/2010/04/the-push-to-legalize-marijuana-its-real/38410/

You may have heard there's a push to legalize marijuana in California. You may not have heard that it's for real.

Voting ballots in California this November will contain an initiative to legalize, tax, and regulate the sale of marijuana to adults 21 and older, and while this may sound like something that has no chance, whatsoever, of ever becoming law, the thing is: it actually might.

The organized campaign around this initiative is called Tax Cannabis, and it's the brainchild of marijuana entrepreneur Richard Lee. "Marijuana entrepreneur" sounds highly illegal, but, in California, where medical pot is sold unobstructed by the feds, it's not: Lee founded Oaksterdam University, a school that teaches how to grow marijuana and run a marijuana business, as chronicled by Josh Green in The Atlantic last April.

This was not, mind you, originally an effort of the national marijuana policy establishment, per se. According to conventional wisdom on initiatives like this one, 2012 would be a better year to dedicate resources to a marijuana legalization campaign: it's a presidential election year, and younger and marginal voters--voters who could be more sympathetic to legalizing pot--will come out to vote, whereas fewer people vote in the midterms. People who vote in midterms are more engaged in the process--if pollsters label respondents as "likely voters," then the midterm turnout is made up of are even likelier voters than the electorate in presidential years--the type of people who might not, typically, support an initiative like this one. So, much like in California's gay-marriage movement, there was some hesitation over whether 2010 was the right year to do this.

But Lee went ahead anyway, putting up money from Oaksterdam and another of his groups, marijuana provider S.K. Seymore, LLC, to obtain the 849,000 signatures needed to get on the November 2 ballot, with his donations comprising most of the roughly $1.3 million spent in 2009 on the petition drive.

Lee now has a a team of pros working for him as campaign consultants.

It includes Chris Lehane, the former Bill Clinton communications adviser and press secretary for Al Gore, both as VP and in the 2000 campaign; Dan Newman, whose firm SCN Strategies consults for Sen. Barbara Boxer's (D) reelection campaign and is heading up communications for Level the Playing Field 2010, the independent-expenditure campaign against multimillionaire GOP gubernatorial candidate Meg Whitman; and Doug Linney of The Next Generation, a firm that has worked for state and local candidate campaigns, as well as major issue-advocacy drives and marijuana decriminalization/law-enforcement-prioritization efforts in California.

In short, this will be a legitimate campaign operation. Tax Cannabis is already airing a radio ad in the state's largest and most expensive media markets, L.A. and San Francisco, featuring a former law enforcement official.

"This isn't some...whim of a couple of hippies," said SCN's Dan Newman, who is handling communications for Tax Cannabis. "It's a serious, well crafted, well funded campaign that was put together very carefully and professionally run and hopes to win."

The campaign will do "everything that a winning campaign does," Newman said. That would mean radio ads, TV ads, volunteer and/or robo- phone calls, door-to-door canvasses, and direct mail. Newman would not specifically say which of those Tax Cannabis will do.

Messaging will focus heavily on invoking the support of former law enforcement officials, plus the argument that has driven so much media coverage around this push: estimates that legalizing and taxing marijuana could help California's crippled state budget to the tune of $1 billion, including tax revenue and less spending on law enforcement.

Where will the money come from to fund this campaign? Lee infused it with cash to get the signatures, but according to state financial disclosures, Tax Cannabis has only $32,000 in the bank. The only state-registered opposition group, called "Opposition to the California Marijuana Legalization Initiative (2010)," has not filed disclosure paperwork, so it is unclear how much money Tax Cannabis is up against.

The campaign is reaching out to a broad coalition of donors, Newman said, including an online fundraising operation and traditional political donors.

But the elephant in the room is this: Tax Cannabis has the support of the Drug Policy Alliance, one of several major, national-level drug-policy reform groups. On its board sits liberal super-donor George Soros.

Given how expensive it is to buy air time in the Golden State--L.A. is one of the nation's most expensive media markets--it's not uncommon for political campaigns to wait until a few weeks before Election Day to blast the radio and TV airwaves with a major media buy. And, because California places no limits on donations and spending on ballot initiatives, it is conceivable that if things look close down the stretch, and he felt so inclined, Soros could inject millions of dollars into this initiative.

Right now, the campaign is working to secure endorsements, and the language of the ballot initiative was crafted, Newman said, with an eye toward garnering a broad base of support. It does not simply legalize pot outright: it allows individual counties to regulate the sale and possession to adults over 21, which would likely create a similar effect as "dry counties," where alcohol can't be sold. It does not legalize possession of marijuana on school grounds, or driving while impaired. The entire proposition is posted here.

Reformers claim legalization is popular. A major public poll hasn't been conducted since April 2009, when Field showed 56% support out of 901 Californians polled. Newman says Tax Cannabis has conducted internal polls that show legalization polling in the mid-50s.

November is a long way off. Marijuana legalization gained significant traction in 2009, mostly because of California's budget crisis, Gov. Arnold Schwarzenegger's suggestion that it be seriously discussed, the drug war happening in Mexico, and the finding of the Field poll.

Although Tax Cannabis is airing a radio ad, a public messaging campaign has yet to ramp up against legalizing pot. When it does--when both sides are conducting this fight in public--look for opinion to congeal either for the ballot initiative or against it.

Until then, legalized pot remains a possible outcome in November 2010.
 
So, is this what it comes down to? Government won't end prohibition of cannabis until we beg them to tax it and take our money? Sounds like a shitty deal. I say no cannabis prohibition, no regulation, no taxes, no personal limits. The government can stay the hell out of my garden.
 
So, is this what it comes down to? Government won't end prohibition of cannabis until we beg them to tax it and take our money? Sounds like a shitty deal. I say no cannabis prohibition, no regulation, no taxes, no personal limits. The government can stay the hell out of my garden.

I agree but at least its a start
 
So, is this what it comes down to? Government won't end prohibition of cannabis until we beg them to tax it and take our money? Sounds like a shitty deal. I say no cannabis prohibition, no regulation, no taxes, no personal limits. The government can stay the hell out of my garden.

I feel that but the California bill is a good second option considering where it stands now.

The problem is this won't work because it is still a crome on the federal level. A California police officer could not arrest but a DEA agent could arrest you on federal drug charges. They could actually arrest a legal dealer in the California definition.

I legally sell taxed marijuana in California. Well that is cool on a state level but a federal agent could arrest me anytime and no one could stop it. I am violating federal law. I hope it passes but it can't work.
 
This is the stand that we have been waiting for. Gotta pull out all stops to legalize in Cali. Once its legal there, it will start a snowball effect.

Its not perfect, but deal with it. Bottom line is people wont have thier lives effected by getting arrested for weed any longer if this passes.

Everyone should donate in a few months once things to start get more intense. This must pass in Cali if you ever want to see it legalized on a federal level
 
This must pass in Cali if you ever want to see it legalized on a federal level

Obama has told the DEA do not arrest those using it for medicinal purposes even though they could technically. If it is going to take on a federal level it needs to happen while liberals are in charge. Imagine the Republicans (conservative not progressive) allowing it to happen, it never would.

Ashamed people think it is so evil. Alcohol is 100 times worse.
 
Well it is a good start, even if they tax the hell out of it is better than criminalizing it.

We're supposed to be the United STATES of America, not the American Federation or some such. States should be able supersede the DEA and legalize whatever they want.
 
^ The Civil War and the 14th, 16th and 17th Amendments and the The Federal Reserve Act of 1913 pretty much eliminated States rights.



.
 
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^ right, I know states rights are no more but if people cared about the constitution then states would have the rights to do this sort of thing.
 
^ The Civil War and the 14th, 16th and 17th Amendments and the The Federal Reserve Act of 1913 pretty much eliminated States rights.



.

Forgot to mention the health care reform of 2010. lol.
 
Huaca: Ganja that you grow your self will not be taxed. Only ganja sold through a store will be taxed. $50 per ounce. Seems like a pretty good agreement to get things going. I'm going to do my best to pass this in my county. Plus "legalize it" hats are awesome.
 
The Regulate, Control and Tax Cannabis Act of 2010
[excerpt from text]
...
Section 3: Lawful Activities
Article 5 of Chapter 5 of Division 10 of the Health and Safety Code, commencing with section 11300 is added to read:
Section 11300: Personal Regulation and Controls
(a) Notwithstanding any other provision of law, it is lawful and shall not be a public offense under California law for any person 21 years of age or older to:
(i) Personally possess, process, share, or transport not more than one ounce of cannabis, solely for that individual’s personal consumption, and not for sale.
(ii) Cultivate, on private property by the owner, lawful occupant, or other lawful resident or guest of the private property owner or lawful occupant, cannabis plants for personal consumption only, in an area of not more than twenty-five square feet per private residence or, in the absence of any residence, the parcel. Cultivation on leased or rented property may be subject to approval from the owner of the property. Provided that, nothing in this section shall permit unlawful or unlicensed cultivation of cannabis on any public lands.
(iii) Possess on the premises where grown the living and harvested plants and results of any harvest and processing of plants lawfully cultivated pursuant to section 11300(a)(ii), for personal consumption.
(iv) Possess objects, items, tools, equipment, products and materials associated with activities permitted under this subsection.
(b) “Personal consumption” shall include but is not limited to possession and consumption, in any form, of cannabis in a residence or other non-public place, and shall include licensed premises open to the public authorized to permit on-premises consumption of cannabis by a local government pursuant to section 11301.
(c) “Personal consumption” shall not include, and nothing in this Act shall permit cannabis:
(i) possession for sale regardless of amount, except by a person who is licensed or permitted to do so under the terms of an ordinance adopted pursuant to section 11301;
(ii) consumption in public or in a public place;
(iii) consumption by the operator of any vehicle, boat or aircraft while it is being operated, or that impairs the operator;
(iv) smoking cannabis in any space while minors are present.

Section 11301: Commercial Regulations and Controls
Notwithstanding any other provision of state or local law, a local government may adopt ordinances, regulations, or other acts having the force of law to control, license, regulate, permit or otherwise authorize, with conditions, the following:
(a) cultivation, processing, distribution, the safe and secure transportation, sale and possession for sale of cannabis, but only by persons and in amounts lawfully authorized;
(b) retail sale of not more than one ounce per transaction, in licensed premises, to persons 21 years or older, for personal consumption and not for resale;
(c) appropriate controls on cultivation, transportation, sales, and consumption of cannabis to strictly prohibit access to cannabis by persons under the age of 21;
(d) age limits and controls to ensure that all persons present in, employed by, or in any way involved in the operation of, any such licensed premises are 21 or older;
(e) consumption of cannabis within licensed premises;
(f) safe and secure transportation of cannabis from a licensed premises for cultivation or processing, to a licensed premises for sale or on-premises consumption of cannabis;
(g) prohibit and punish through civil fines or other remedies the possession, sale, possession for sale, cultivation, processing, or transportation of cannabis that was not obtained lawfully from a person pursuant to this section or section 11300;
(h) appropriate controls on licensed premises for sale, cultivation, processing, or sale and on-premises consumption, of cannabis, including limits on zoning and land use, locations, size, hours of operation, occupancy, protection of adjoining and nearby properties and persons from unwanted exposure, advertising, signs and displays, and other controls necessary for protection of the public health and welfare;
(i) appropriate environmental and public health controls to ensure that any licensed premises minimizes any harm to the environment, adjoining and nearby landowners, and persons passing by;
(j) appropriate controls to restrict public displays, or public consumption of cannabis;
(k) appropriate taxes or fees pursuant to section 11302;
(l) such larger amounts as the local authority deems appropriate and proper under local circumstances, than those established under section 11300(a) for personal possession and cultivation, or under this section for commercial cultivation, processing, transportation and sale by persons authorized to do so under this section;
(m) any other appropriate controls necessary for protection of the public health and welfare.

Section 11302: Imposition and Collection of Taxes and Fees
(a) Any ordinance, regulation or other act adopted pursuant to section 11301 may include imposition of appropriate general, special or excise, transfer or transaction taxes, benefit assessments, or fees, on any activity authorized pursuant to such enactment, in order to permit the local government to raise revenue, or to recoup any direct or indirect costs associated with the authorized activity, or the permitting or licensing scheme, including without limitation: administration; applications and issuance of licenses or permits; inspection of licensed premises and other enforcement of ordinances adopted under section 11301, including enforcement against unauthorized activities.
(b) Any licensed premises shall be responsible for paying all federal, state and local taxes, fees, fines, penalties or other financial responsibility imposed on all or similarly situated businesses, facilities or premises, including without limitation income taxes, business taxes, license fees, and property taxes, without regard to or identification of the business or items or services sold.

Section 11303: Seizure
(a) Notwithstanding sections 11470 and 11479 of the Health and Safety Code or any other provision of law, no state or local law enforcement agency or official shall attempt to, threaten to, or in fact seize or destroy any cannabis plant, cannabis seeds or cannabis that is lawfully cultivated, processed, transported, possessed, possessed for sale, sold or used in compliance with this Act or any local government ordinance, law or regulation adopted pursuant to this Act.

Section 11304: Effect of Act and Definitions
(a) This Act shall not be construed to affect, limit or amend any statute that forbids impairment while engaging in dangerous activities such as driving, or that penalizes bringing cannabis to a school enrolling pupils in any grade from kindergarten through 12, inclusive.
(b) Nothing in this Act shall be construed or interpreted to permit interstate or international transportation of cannabis. This Act shall be construed to permit a person to transport cannabis in a safe and secure manner from a licensed premises in one city or county to a licensed premises in another city or county pursuant to any ordinances adopted in such cities or counties, notwithstanding any other state law or the lack of any such ordinance in the intervening cities or counties.
(c) No person shall be punished, fined, discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act or authorized pursuant to Section 11301 of this Act. Provided however, that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected...
http://www.taxcannabis.org/index.php/pages/initiative/
http://70.32.87.43/documents/initiative.pdf

----------------------------

The proposed bill has limits to personal possession and personal cultivation. Exceed those limits and your cannabis stash over 1 ounce or garden size greater than 5 feet square and you are in violation. Why have limits on garden size? So the cops can inspect your premises. This legislation would not end the prohibition of cannabis but will continue to allow police harassment of users and growers. This legislation only decriminalizes small amounts. In my opinion, there should be no limits to cannabis possession and cultivation. I don't want the cops searchng me to see if I have more than 1 ounce. I don't want the cops climbing over my fence and measuring my garden. This is not freedom, but control. Also, this opens the door for local government to enact their own legislation to license, tax, control, arrest, etc. If passed, this would increase the size of government and allow even more intrusion into your personal affairs. It's like saying wine is legal, but you can only possess a certain number of bottles and your vineyard can't exceed a certain number of square feet. Do you want some cops counting your wine bottles and checking out your grape vines? I sure don't, it's none of their damned business.

Instead of the above Regulate, Control and Tax Cannabis Act, a much better way is the MERP model:
“The MERP model of Marijuana Re-Legalization would minimally allow non-commercial cultivation of unlimited numbers of plants, by adults above the age of 18, without any form of government taxation, regulation or other interference." http://www.newagecitizen.com/MERP/RelegalizeNowObama02.htm
 
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Legalizing MJ in California is a start. If the polls are right, then the only way it will be defeated is if religious and anti-drug groups spew out a lot of propaganda to change some minds and turn out as many of their anti-freedom people as they can.

Look at how the church turned out so many voters to repeal legalized gay marriage in that state.

If California does succeed, other states will follow suit. Once the ball really gets moving and lots of the liberal states have legalized it and other states and the federal government see what benefits it has, they will then consider legalization. Some of the most conservative states will never legalize until it is legalized at the federal level. That probably won't happen until many states have legalized but other states will legalize once California does. With the massive federal debt, maybe we could see the feds legalize some time in the next decade.

Maybe Obama will legalize in his second term if he gets one, since he won't have to worry about re-election. Having used it himself, he must know that it is not the "demon weed" that the government makes it out to be. I think he'll be re-elected. A majority of people now say they favor his health care bill with a large minority thinking it didn't go far enough. His approval rating is still well over 50% and the economy appears to be turning around with about 162,000 jobs created in March . Republicans have tried to push the idea that it is mostly due to temp workers for the census but that is an obvious lie as only about 40,000 of those jobs are census related, about 25% of the total.

Other states with budget crises will see how California benefits from legalization both from increased tax revenue and decreased spending on enforcing a ridiculous law and elimination of costs of keeping the victims of prohibition in prison. Those prisoners could become tax payers instead of a tax burden..

Once it becomes clear that legalization does not cause everyone to become pot heads and that a vast majority of users are responsible with their use then maybe legalization of other drugs will become a possibility. If California legalizes weed, I think marijuana prohibition will end in the USA while I am still young and perhaps all drugs will be legalized in my lifetime. Maybe even before legalization the government will soften its laws and turn more to harm reduction and away from harsh punishment for drug users.
 
IMO the South Park episode sealed the deal. South Park dictates public opinion more so than any other cultural entity.

Any time the issue of medical marijuana comes up from now, people are going to flash back to Randy Marsh saying "So doctor....what kind of cancer do you think I could get before the Ziggy Marley concert in Denver this saturday night?" :D

Then he's hauling his giant cancerous balls down the street in a wheelbarrow singing "BUFFALO SOLDJA! in the heart of America. STOLEN FROM AFRICA! brought to america..." =D
 
Excellent episode. I also enjoyed how they criminalized KFC, portrayed its black market thereafter, and paid homage to a bunch of movies while doing that.
 
Great South Park episode, I agree.

Huaca, I think you're being a bit paranoid. How are the cops going to keep tabs on either users or growers, when people are going to be able to buy it, or the tools for growing it, in cash anonymously?
 
People had to start registering firearms back in the 1960s. The Feds haven't come around confiscating firearms yet (except for New Orleans during Katrina) but it's coming. I wouldn't want my name in a database of cannabis buyers or growers. I don't think there's been an administration since Grover Cleveland that I could trust. Yeah, I'm paranoid - but for good reason. Governments are run by the worst kind of greedy psychopaths that you can imagine. These people running the planet have no conscience and no ability to feel remorse for any of their actions. I left the US a few years ago, but no place is safe.

http://www.prisonplanet.com/
 
^yes they have, from law abiding citizens. registered, legal weapons too.
they dont give reasons, they just take em.

look into it mate, its fucked :/
 
I agree its best not to register for anything. Its not even an issue of paranoia, more so I would just rather remain as disconnected from the power-structure as possible. That's just my preference.

When you start registering weapons, registering to vote, registering to smoke weed, registering for this, registering for that-- your name ends up associated with these things officially and undeniably. That just makes me feel like I'm getting backed into a corner; I would just as soon go without whatever that thing is, than have to officially register in order to have it.
 
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