NORML Blog:Voters Nationwide Decide Marijuana Law Reform Measures

November 3rd, 2010 By: Paul Armentano, NORML Deputy Director

In California, voters decided 45 percent to 55 percent [Update by Russ Belville: Modest gain with 91.5% reporting as of 3:15am, 46.2% to 53.8%] against Prop. 19, which sought to legalize the adult possession of limited quantities of marijuana in private, and to allow for local governments to regulate its commercial production and retail distribution. The 45 percent of Californians voting ‘yes’ on Prop. 19 marks the greatest percentage of citizen support ever recorded on a statewide marijuana legalization effort.

Commenting on the vote, NORML Deputy Director Paul Armentano said that marijuana legalization is no longer a matter of ‘if,’ but a matter of ‘when.’

“Social change doesn’t happen overnight, and in this case we are advocating for the repeal of a criminal policy that has existed for over 70 years federally and for nearly 100 years in California,” he said. “We are taking on the establishment and those who have vested interests in maintaining this longstanding failed policy. Yet, despite these odds, we have momentum and an unparalleled coalition of supporters – from law enforcement personnel, to civil rights groups, to organized labor, to lawyers, clergy, and public health professionals. In just a few short months, this campaign moved public opinion forward nationally, and led to the signing of historic legislation here in California that will end the arrest and prosecution of tens of thousands of minor marijuana offenders.”

He continued: “Throughout this campaign, even our opponents conceded that America’s present marijuana prohibition is a failure. They recognize that the question now isn’t ‘Should be legalize and regulate marijuana,’ but ‘How should we legalize and regulate marijuana?’”

He concluded: “In the near future there will be a slew of other states deciding on measures similar to Prop. 19 in their state houses and at the ballot box. And no doubt here in California, lawmakers in 2011 will once again be debating this issue, as will the voters in 2012.”

In Arizona, voters are split on Proposition 203, the Arizona Medical Marijuana Act, which permits state-registered patients to obtain cannabis legally from licensed facilities. As of 12:30 am pst, the race still remains too close to call. The proposal is sponsored by the Arizona Medical Marijuana Policy Project, an affiliate of the Marijuana Policy Project. Learn more about Proposition 203 here: http://stoparrestingpatients.org/home/.

In South Dakota, voters decided against Measure 13, the South Dakota Safe Access Act, which sought to exempt state criminal penalties for state-authorized patients who possessed marijuana. South Dakota voters had previously rejected a similar proposal in 2006. It is the only state where voters have ever decided against a medical marijuana legalization initiative.

In Oregon, voters decided against Measure 74, The Oregon Regulate Medical Marijuana Supply System Act of 2010, which sought to create state-licensed not-for-profit facilities to assist in the production and distribution of marijuana to qualified patients. Oregon voters initially authorized the physician-authorized use of marijuana in 1998. Several states, including Colorado, New Mexico, and Maine, have enacted statewide regulations licensing the production and dispensing of medical cannabis.

In other election developments that are pertinent to marijuana law reformers, California voters elected Republican Steven Cooley to the office of state Attorney General. [Update by Russ Belville: As of 3:15am, Democrat Kamala Harris leads Republican Steve Cooley by 46.1% – 45.5%, 91.5% reporting. San Francisco Chronicle had posted a “Cooley Wins” headline, which has been changed early this morning.] Cooley was opposed by many marijuana reform organizations, including Americans for Safe Access, for his public opposition to medical marijuana, and his contention that any retail sale of medical cannabis is in violation of state law.

New Mexico voters elected Republican Susan Martinez to be the state’s next Governor. While campaigning for the office, Martinez voiced opposition to the state’s medical cannabis law, which since 2007 has allowed the state Department of Health to authorize medical marijuana users and third party, not-for-profit providers.

In Vermont, Democrat Peter Shumlin narrowly leads in the Governor’s race, with 89 percent of precincts reporting. While serving as state senator, Shumlin has been an advocate for both medical marijuana and decriminalization.

Finally, in Massachusetts, voters in 73 cities and towns decided on non-binding public policy questions regarding the taxation of the adult use of marijuana and the legalization of the physician-supervised use of medical cannabis. Approximately 13 percent of the state’s registered voters weighed in on the questions. For those town-by-town election results, please visit MassCann, the Massachusetts chapter of NORML here.