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I-502: Too Important to Lose (Steve D'Angelo, Harborside Health Center)

The founder of the flagship medical marijuana center, Harborside Health Center in Oakland, speaks out about how important it is to pass I-502 and how damaging a "no" vote on it could be for people's lives.

If You Care About Medical Marijuana Patients (Among Others), Support I-502

Readers of StoptheDrugWar.org know that we've supported Initiative 502, a ballot measure to legalize and regulate marijuana in Washington State. I-502 has seen the strongest polling among the three legalization measures on state ballots this year, and has attracted significant mainstream support -- its chances of passing this Tuesday are good. The measure has also been the subject of controversy within the movement, particularly over a "per se" DUI provision some advocates believe will unfairly snare some users including patients. If you've followed our coverage of I-502 in Drug War Chronicle, including two of our recent features (here and here), you're familiar with all of this.

Today StoptheDrugWar.org formally endorses Initiative 502. In this post I explain why we believe the measure helps, not harms, most medical marijuana patients, and defeating it would therefore harm patients; why I believe other attacks leveled against the measure to be misguided, despite some legitimate concerns; and why we at StoptheDrugWar.org consider passage of I-502 to be critically important.

The reality facing Washington's patients today is that they may soon lose safe access to marijuana. The federal government is conducting a sustained attacked on the medical marijuana supply system in states across the nation, including Washington's, and local opponents have also stepped up their efforts. Legislation that would have authorized dispensaries, which could have provided some political cover for providers in Washington, was vetoed by the governor. Just this August the DEA sent 23 threat letters to dispensaries in Washington, only the latest of many moves against the industry. And there is no indication that DOJ under Obama or Romney will let up after the election, hope for that as we might. Washington a few years from now may have no medical marijuana supply system at all, if something doesn't change to shift the balance in our favor.

In Washington, the medical marijuana system is already a smaller one than available in some other medical marijuana states, despite courageous efforts by its leaders. Fewer patients qualify for legal protections under the list of conditions authorized under state law; it's likely that a smaller proportion of the state's residents live within easy geographic proximity to a dispensary as well. A 2011 report by See Change Strategy, prepared before the escalated federal and local crackdowns, found 11,000 dispensary customers in Washington, compared with 500,000 in California -- fewer than 1/8 as many, adjusted for the states' populations. Compared with Colorado, Washington's system -- again, before the crackdown -- served fewer than 1/14 as many people, adjusted for population.

But even those numbers understate the true depth of harm done to patients by the current system. All of us know people who suffer from conditions that could well be treatable using marijuana, but who may never find that out -- because they won't try it while it's illegal, or because their physicians aren't comfortable recommending marijuana without being able to guarantee the quality of the supply. Along with the current patients whose current safe access to marijuana may be slipping away, this other, possibly much larger group of potential patients, are also being badly harmed by the current situation -- by prohibition.

In the face of the federal onslaught, we believe a victory is needed at the ballot in order to shift the political dynamics in our favor. While some have suggested this could be accomplished in 2014, with a different initiative, that seems poorly thought out. Along with that meaning two more years and all that can happen in that time, 2014 is an off year election. That means that election turnout demographics will work against any such initiative, because off years favor the conservative voting base that leans against marijuana reform, over the liberal base that leans toward it. Funders witnessing a loss this year by a carefully regulated initiative, will in turn be unlikely to bet on a more loosely written one passing the next time. Progress of this scale -- enactment by a state's voters of actual legalization, not just medical marijuana or decriminalization, a historic first -- will probably be out of reach again until 2016. Public support for legalization in principle continues to grow and is now around 50% nationally. But while we believe support for legalization is likely to continue to grow, we don't know that it will and we can't take that for granted, especially if we don't win something. Legalization needs a victory this year.

We also believe that more people than just the currently recognized patients need the protections that legalization of possession -- and of legal sales, if I-502's state-licensed stores survive the likely federal opposition -- will provide for them. Washington had between 12,000 and 15,000 arrests per year between 2006 and 2010 -- 240,000 total marijuana arrests from 1986 to 2010. Those include minors who will still face age limit laws under I-502. But half or more of these arrests would clearly stop under the new law. A marijuana arrest is a big deal; in Washington it includes a fine and mandatory jail time in most cases. Defendants spend money on legal fees; they face restricted access to housing and college aid; they become disadvantaged in the job market.

I-502 won't undo all of this harm, but it will undo a lot of it. The characterizations opponents have made of the initiative as providing only "limited" or "modest" benefit are bogus. Even more strained is the claim some opponents have made that I-502 is not even legalization. But I-502 legalizes possession and sale of marijuana, albeit within a particular framework -- of course it's legalization. Some forms of legalization do more of what we want than other forms. Advocates make compromises, if they are effective, because they understand that that is what's needed to change things.

A final argument opponents have made is that I-502 is not legalization because federal law will preempt the state licensing system and could endanger other parts of the law. But while preemption is a risk, it's not a given -- no federal prosecutor has even tried to legally preempt a state's medical marijuana law, for example, in 16 years of them. And the same line of reasoning would say that any legalization bill passed by a state would really not be legalization, because federal prohibition is still in place. Which of course makes no sense -- and which would mean that initiatives some critics of I-502 have attempted to place on the ballot were not legalization either. Obviously our goal is to change both federal and state law.

It's possible we might have reached a different conclusion about I-502, if we were persuaded that DUI busts because of I-502 could happen commonly. But the critics have ignored key facts about the issue in order to make that case. The provision excludes the inactive but long-lingering marijuana metabolite, THC-COOH, from the reach of the law, counting only the shorter acting THC metabolite. It leaves in place the "probable cause" requirement on police of impairment being demonstrated before they can lawfully stop a driver and order a drug test. Police still need to spend time and money taking a driver to the station for a full drug test -- they can't just write a ticket and drop the drugs off for testing later.

Perhaps for these reasons, the 13 states that already have similar provisions have not seen perceptible increases in DUI busts. Yet movement opponents of I-502 scarcely acknowledge any of these points; a recent editorial by Sensible Washington treasurer Anthony Martinelli is a good example. Leaving them out skews the issue very badly. Conversely, however, one should admit that some marijuana users in Washington may get stuck with a DUI charge that they don't deserve -- and if you're one of those few people, it won't necessarily help you that there are only a few. There is a legitimate issue at stake with the DUI provision and it's a legitimate discussion to have. But it's a very different scenario than the doomsayers have presented.

It has been charged that movement opposition to I-502 is driven by the financial motivations of people profiting from medical marijuana under the current system. But while this is doubtless one thing that is going on, some of the critics of I-502 are respected advocates, including personal friends, who have never had a financial motivation for their activism. With all due respect to them, we believe they have badly misjudged the I-502 question, in at least the following ways: They have misidentified the primary threats facing medical marijuana patients. They have dramatically overestimated the realistic impact of the DUI provision -- ignoring relevant facts in order to do so. And they have underplayed the scope and significance that passage of I-502 will have, both legally and politically.

StoptheDrugWar.org endorses Initiative 502, a major step forward for the legalization movement, and a necessary step to help secure the rights of many thousands of marijuana users, including patients, and others.

[Washington's I-502 is one of three initiatives on state ballots to regulate rather than prohibit marijuana. We encourage all supportive parties, as we have before, to make phone calls to likely supportive voters in Colorado and Oregon -- for which a "phonebanking" web site has been provided by our allies -- for those in Washington to contact the campaign to volunteer in person. Links to the campaigns and to a "phonebanking" web site provided by our allies are linked to from our election resources web page at http://stopthedrugwar.org/election2012.]

Volunteer to Pass Marijuana Legalization This Election

The news cycle is awash with polls and news about the close race for president. But the most important votes happening next month may be historic initiatives to legalize and regulate marijuana -- and these are also going to be close.

You can help these and other initiatives we're supporting, and I hope that between now and Election Day you'll be able to. First, we have partnered with FireDogLake and the "Just Say Now" campaign to do phonebanking in support of Colorado's Amendment 64 and Oregon's Measure 80. (Other initiatives may be added to the site too.) Visit http://fdl.platform.webstrong.com/dna/network/groups/ to open an account -- select StoptheDrugWar.org as your "group," if you're willing to help us in that way -- and make phone calls for legalization! There are two options for Colorado, by the way -- one of them general, the other for women to call other women voters in the state.

There are other state initiatives that need your support, including marijuana legalization in Washington, medical marijuana in Arkansas and Montana and Massachusetts, and an important initiative in California to reform the state's draconian "three-strikes" law. Please visit our Election 2012 Resource Page at http://stopthedrugwar.org/election2012 for links to the campaign web sites where you can find volunteer information; the audio recording of our 9/27/12 teleconference with representatives of the legalization initiatives; and a link to our full election coverage archive page, where you can find feature stories we've published in Drug War Chronicle on almost all of these initiatives, Phil's weekly "Initiative Watch" feature, and more.

Please donate to help StoptheDrugWar.org to continue to grow and support the movement, to continue the press for legalization, and to prepare for the next stage after one or more of these measures passes in November. For donations of $35 or more, you can receive one of the two new books or the video that we're offering --  -- donate $95 or more for all three -- click here for all the details.

Thank you for standing with drug policy reform at this amazing and critical time. I believe that something big will happen this November -- with your help.

Russell Means at the 2001 SSDP Conference

http://www.stopthedrugwar.org/files/russell-means-1987.jpg
Russell Means at the 1987 Libertarian Party national convention, Chicago (courtesy Carol Moore via Wikimedia)
I read the news last night that Russell Means, Oglala Sioux native American and libertarian activist as well as actor, has passed on. Numerous tributes to Means can be found online.

Means was a keynote speaker at the 2001 Students for Sensible Drug Policy conference, the organization's third national gathering launching nationally two years before. We had a few words about it in our newsletter at the time:

American Indian activist and libertarian candidate for governor of New Mexico Russell Means gave a rousing keynote address linking the war on drugs to myriad other social problems and arguing that fundamental social change is both necessary and urgent. Means professed to be strongly moved by the new wave of student activists. "This conference has touched my heart," he said at a Saturday night dinner.


We shared office space with SSDP for many years, and I remember when Means agreed to speak. I remember Means saying that and it sounding heartfelt, and I remember watching his exciting presentation. I don't know if there is video footage, but if anyone finds any, please post.

Georgia Man Holding Pepper Spray Killed in Drug Raid

A 60-year-old Georgia homeowner is dead after allegedly pointing a canister of pepper spray at police doing a drug raid at his home. Chronicle story here.

France to Introduce Supervised Injection Sites

France is about to become the latest European country to allow supervised injection sites to operate. Some could be open by year's end, the French health minister said. Chronicle story here.

Jury Nullifies in "NJ Weedman" Marijuana Trial

Chalk one up for the NJ Weedman. The longtime activist and gadfly convinced a New Jersey jury to ignore the law and acquit him of marijuana possession with the intent to distribute. Chronicle story here.

Latest Polls on Oregon, Washington Marijuana Initiatives

New polls show Washington's I-502 still leading, but Oregon's Measure 80 doing badly. Chronicle story here.

Post-Election, Fate of Dutch "Weed Pass" Uncertain

Parties trying to form a new government in the Netherlands are trying to reach a compromise on the controversial "weed pass" system for cannabis cafe customers. So far, it looks like foreigners will lose out. Chronicle story here.

Gary Johnson Supporters Robocall Colorado Democrats Over Marijuana Crackdown

Marijuana politics in Colorado could have a major impact on the presidential race. Chronicle story here.

Please Support StoptheDrugWar.org Today! (And Get Free Books and a Video Too)

With marijuana legalization initiatives heading to the ballot, some with a good chance of passage, and with growing international support for a real debate on prohibition, people are talking about drug policy like they never have before. Our new book offers will help you be part of that conversation, while our new video offer will remind you why we should be angry too. Read about it here.

California Three Strikes Reform Initiative Poised to Win [FEATURE]

An effort to reform California's draconian Three Strikes law was foiled at the last minute in 2004, but this year, Proposition 36 appears set to cruise to victory. No more 25-to-life for getting caught with drugs after two previous felonies if it passes. Chronicle feature story here.

Initiative Watch

With less than three weeks to go until election day, there is a lot of activity on the state-level initiative front -- but not everywhere. Some campaigns are staying mighty quiet, and that's a strategy that could work for them. Chronicle story here.

Medical Marijuana Update

The federal rescheduling petition got a day in court, the feds keep up the pressure in California, a dispensary may actually open in New Jersey, and those are just the headlines. There's much more going on, too. Chronicle story here.

This Week's Corrupt Cops Stories

A St. Louis cop is headed for federal prison for reselling seized pot, a Camden cop is heading there, too, for running amok in the drug war, a Miami cop awaits sentencing for transporting what he thought was cocaine, and a Baltimore jail guard gets popped for smuggling weed and psychedelics into the jail. Chronicle story here.

Texas Woman Jailed for Outing Narc on Facebook

A case with First Amendment implications has emerged in Texas, where a Mesquite woman was arrested and charged with a felony for outing a Mesquite police officer as an undercover narc. Chronicle story here.

Decriminalize Drug Possession, UK Experts Say

The UK Drug Policy Commission has issued a report calling for the decriminalization of drug possession, among other reforms. Chronicle story here.

Christie Vetoes NJ Good Samaritan Overdose Bill

New Jersey Gov. Chris Christie has conditionally vetoed a 911 Good Samaritan law aimed at avoiding fatal drug overdoses. He's afraid it might let drug dealers "off the hook" and wants the legislature to study the issue for another year-and-a-half instead. Chronicle story here.

Colorado Marijuana Measure Sees Lead Shrink in New Poll

That 10-point or so lead that Colorado's Amendment 64 has been holding onto has begun to shrink, according to a new poll, and the measure is now just under 50% with 9% undecided. Chronicle story here.

DC Appeals Court Hears Marijuana Rescheduling Case [FEATURE]

The DC Court of Appeals heard oral arguments Tuesday in medical marijuana advocates' bid to overturn the DEA's decision to not reschedule the plant. Chronicle feature story here.

Amnesty Raps Mexico on Drug War Human Rights Abuses

Allegations of torture and mistreatment by Mexican soldiers and police have increased dramatically as President Calderon wages his drug war, Amnesty International says in a new report. Chronicle story here.

Louisiana Man Dies in Car Crash Fleeing Drug Bust

A Louisiana man fleeing a drug bust crashed and died. He becomes the 50th person to die in US domestic drug law enforcement operations so far this year. Chronicle story here.

Two Book Offers and a Video for Donating Members to StoptheDrugWar.org

With marijuana legalization initiatives heading to the ballot, some with a good chance of passage, and with growing international support for a real debate on prohibition, people are talking about drug policy like they never have before. Our new book offers will help you be part of that conversation, while our new video offer will remind you why we should be angry too. Offer and appeal online here.

Initiative Watch

There's less than a month to go, but some initiatives are more active than others. Chronicle story here.

Medical Marijuana Update

The big news this week is that Oakland is suing the feds over their efforts to shut down Harborside. Meanwhile, the battles continue at the state and local level in California and beyond. Chronicle update here.

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