Ballot Initiatives

Rolling Stone, 20 Jun 2013 - The Most Influential Man in the Battle for Legalization Is a Wonky Intellectual in Dad Jeans The driving force for the legalization of marijuana in America - a frenetic, whip-smart son of a rabbi who can barely tell indica from sativa - has just entered enemy territory.

The race to be the next state to legalize marijuana at the ballot box is on. Activists in three states -- Alaska, Arizona, and Oregon -- have taken initial steps to get the issue before the voters during the 2014 general election.

[image:1 align:left]In Alaska, Lt. Gov. Mead Treadwell last Friday certified a ballot initiative application that would legalize the possession of up to an ounce of marijuana by adults. Backed by the Marijuana Policy Project, the initiative would also set up a system of taxed and regulated marijuana commerce. Adults could grow up to six marijuana plants for their personal use.

Proponents will have one year to gather 30,169 valid voter signatures to qualify for the ballot. But they have to wait a week or so for the state elections division to begin printing the petition booklets.

Alaska already allows for adults to possess small amounts of marijuana in their homes under the state Supreme Court's interpretation of the state constitution's privacy provisions.

In Arizona, Safer Arizona is sponsoring an initiative to amend the state constitution to allow for legal, taxed, and regulated marijuana use and commerce. The group filed the measure last week with the secretary of state. It now must gather 259,213 valid voter signatures by July 3, 2014 to qualify for the November 2014 ballot.

Organizers there said it would be a grassroots campaign relying on volunteers. The conventional wisdom for initiatives in high signature-count states is that they require paid signature-gathering efforts to succeed at a rough cost of a dollar or more per signature obtained.

Arizona voters approved a medical marijuana initiative in 2010, but that initiative squeaked through with barely more than 50% of the vote.

In Oregon, Paul Stanford, the controversial proponent of last year's failed marijuana legalization campaign, is back with two more measures, and other activists could file yet a third. Stanford's Oregon Marijuana Tax Act initiative largely echoes the language of last year's underfunded initiative, which picked up 47% of the popular vote, but reworks a contentious provision relating to a commission to regulate marijuana and hemp commerce. Stanford's second initiative would simply legalize the possession and production of pot by adults 21 and over with a proviso that the state could impose regulations.

Stanford's move has inspired other Oregon activists organized as New Approach Oregon to say that they will likely have a better alternative initiative. "Something will be on the ballot," the group's Anthony Johnson told The Oregonian. "Either it's going to be a responsible measure or something not as well-vetted."

Stanford said he will conduct polling on the various measures before moving forward.

If legislators can't get around to legalizing marijuana, activists in initiative states want to let the voters do it for them. That's three states aiming at 2014 so far, and we're still a year and half out from election day.

The Athens News, 17 Jun 2013 - It used to be that cannabis was legal in Ohio. Here and everywhere in the U.S, you could walk into a drug store and buy the processed plant to treat what ailed you. Don Wirtshafter has proof - a collection of cannabis bottles, jars and boxes. It fills two display cases in his home in Guysville.

Arizona Daily Sun, 16 Jun 2013 - PHOENIX - Voters who have seen how medical marijuana works in Arizona may get a chance to extend the ability to use the drug to all other adults. Proponents of legalization filed the necessary paperwork Wednesday to start gathering the 259,213 signatures they need to put the issue of legalization on the 2014 ballot. They have through July 3, 2014.

New York Times, 15 Jun 2013 - (AP) - The state will be the next battleground in the effort to legalize marijuana. Lt. Gov. Mead Treadwell, whose office oversees elections, certified a ballot initiative application on Friday that would make it legal for adults to possess up to one ounce of marijuana. Supporters will have one year to collect 30,169 signatures from qualified voters across the state to get the question on the ballot. They aim to do this by January. The effort in Alaska comes after voters in Washington State and Colorado legalized marijuana last year. The proposal would make it legal for those 21 and older to use and possess up to an ounce of marijuana, though not in public. - --- MAP posted-by: Jay Bergstrom

Ayer Public Spirit, 14 Jun 2013 - AYER -- The town could become among the first communities in the state to have a medical marijuana dispensary, or conversely, a Shirley man who wants to open a business on Central Avenue might have to wait a year or more to apply for the zoning permits. That was the message that could be read between the lines during a brief early-morning Board of Selectmen's meeting on Friday.

Albuquerque Journal, 14 Jun 2013 - PHOENIX - A newly launched initiative campaign aims to have Arizona voters asked in 2014 whether the state should legalize marijuana use beyond its current medical program. Growing, possessing and using marijuana would be legal for adults regardless of medical need if the proposed initiative measure filed Tuesday with the Secretary of State's Office reaches the ballot and is approved by voters.

Kingman Daily Miner, 13 Jun 2013 - KINGMAN - Arizona could become one of the next states to legalize marijuana, if voters approve. An organization called Safer Arizona filed paperwork with the Arizona Secretary of State's Office Tuesday to start collecting signatures to put the issue on the 2014 ballot.

New York Times, 13 Jun 2013 - AURORA, Colo. - As Colorado moves closer to issuing temporary regulations on the sale of marijuana, now legal in small quantities here, some cities and towns are not waiting for the new rules to take effect. More than a dozen municipalities across the state have decided to enact moratoriums on retail marijuana sales, restricting them for now or at least until after the rules are finalized later this year.

Voters approved the marijuana legalization initiative I-502 in Washington state last November, and it is now legal to possess up to an ounce of marijuana, but a full-blown marijuana commerce industry doesn't just happen overnight. The state is still months away from having a functioning system of state-taxed and -regulated marijuana cultivators, processors, and retailers, but the process is well underway, and by most accounts, it is going relatively smoothly.

[image:1 align:left caption:true]Last month, the Washington Liquor Control Board (LCB), the state agency charged with setting up the state's marijuana industry, issued its initial draft rules. It took written comments on the initial draft rules through Monday and will issue revised draft rules later this month. The LCB will hold public hearings on the rules for all three envisaged licenses -- grower, processor, and retailer -- in late July, promulgate final rules in August, begin accepting license applications in September, and begin issuing licenses in December.

From then, it is still likely to be months before the first legal marijuana is sold in Washington because only once growers are licensed will legal marijuana destined for retail sale be in the pipeline. It takes a minimum of three months to bring an indoor crop to harvest. But by sometime next spring, consumers should be able to go to their local pot shop and make their selections.

"These initial rules balance our goal of developing a tightly regulated system with reasonable access for small and large business models to participate within the system," said Board Chair Sharon Foster. "They are based upon hundreds of hours of internal research and deliberation, consultation with multiple industry experts and input from the over 3,000 individuals who attended our forums statewide."

The initial draft rules reflect the Board's stated goal of developing a tightly regulated and controlled recreational marijuana market. Included in the rules are elements that address out-of-state diversion of product, traceability of product from start to sale, youth access and other public and consumer safety concerns.

Here are some of the key elements in the initial draft rules: 

License Requirements

• Application Window -- The application window would open for 30 days for all license types and be extended or reopened at the Board's discretion. This approach was similar to how Colorado opened its medical marijuana system.
• Background Checks -- License applicants and financiers would be required to submit a form attesting to their criminal history, provide fingerprints, and allow criminal background checks. 
• Point System -- The WSLCB would employ a disqualifying criminal history point system similar to liquor. An exception would be allowed for two misdemeanor convictions of possession within three years.

Public Safety

• Producer Structures -- Producer operations would be allowed in both secure indoor grows or greenhouses.
• Traceability -- A robust and comprehensive traceability software system will trace product from start to sale.
• Violation Guidelines -- In addition to the $1,000 fine for certain violations established by I-502, the initial draft rules also include a strict tiered system of violation penalties over a three year period (similar to the current standard penalty guidelines for liquor).
• Security -- The rules direct strict on-site surveillance systems similar to Colorado's current system.  
• Advertising Restrictions -- I-502 restricts advertising within 1,000 feet of schools, public parks, transit centers, arcades, and other areas where children are present. The draft rules further restrict advertising as they pertain to children.

Consumer Safety

• Behind the Counter Storage -- No open containers allowed.  
• Package and Label Requirements -- Consumers will know contents and potency of products they purchase.
• Defined Serving Size -- Serving sizes equal 10 mg of THC. Products are limited to 100 mg.
• Lab Tested -- Uniform testing standards by independent accredited labs.

With the release of the initial draft rules, the period for written comment opened up. One of the first analyses -- not a formal comment -- came from the Henry Wykowski law firm, a San Francisco marijuana law practice that recently opened a Seattle office. Drafted by Wykowski attorney Rachel Kurtz, a longtime player in the Seattle marijuana reform scene, the analysis shined a light on some of what could be described as the rules' downsides.

"Hash will not be allowed for sale at the retail stores," the analysis noted. "According to the draft rules WAC 314-55-079, 'marijuana extracts,' such as, hash, hash oil, shatter, and wax can be infused in products sold in a marijuana retail store, but RCW 69.50.354 does not allow the sale of extracts that are not infused in products. A marijuana extract does not meet the definition of a marijuana-infused product per RCW 69.50.101."

The Wykowski analysis also warned that "fingerprinting will be required and sent to the FBI for anyone with an interest in the business being licensed, including financiers." That means anyone seeking a marijuana license is potentially incriminating oneself to the federal government, which continues to consider marijuana an illegal substance, even in states that have legalized it.

After Monday's deadline for comments passed, the LCB reported that while initial comments on the rules were relatively light, the agency received extensive written comment over the final weekend and throughout Monday from public and private organizations.

"In keeping with our goal of an open and transparent process for drafting the rules, we’re going to take an additional two weeks to consider the last-minute input we’ve received," said LCB Director Rick Garza. "The Board was prepared to issue the rules on June 19. However, it's our responsibility to carefully review and consider the comments we received."

Among those commenting were Washington NORML, the Washington Cannabis Association, Seattle City Attorney Pete Holmes, organizations with concerns about impacts on minorities, and organizations with concerns about prevention, treatment, and public health, both led by the ACLU of Washington, whose Alison Holcomb took a leave of absence to lead the I-502 campaign to victory. The comments revealed a variety of interests -- some conflicting -- and concerns from various stakeholders in the issue.

The prevention, treatment, and public health groups called for tighter restrictions on packaging, labeling, and advertising, shorter hours for retail outlets, and getting rid of the logo that features a marijuana leaf centered over an outline of the state, while the minority groups called on the LCB to ensure that their communities did not become dumping grounds for marijuana retail outlets.

"Initiative 502 was designed to achieve better health and safety outcomes for our families and communities than marijuana prohibition has," said Holcomb. "It was not intended to 'mint marijuana millionaires' who prioritize profits over public health. The goal is to improve upon our experiences with alcohol and tobacco, not repeat them."

"We supported I-502 because we were very concerned about the disproportionate enforcement of marijuana possession on African-Americans and communities of color," said Jon Gould, deputy director of the Children's Alliance, which signed onto the public health comments. "Prohibition hasn't worked, and it has had damaging effects on children and families. We think regulation would be better."

"The Board needs to remember that it is setting a standard for marijuana regulation," said University of Washington professor Roger Roffman, who also signed on to the public health comments. "We have a unique opportunity to create a system that discourages glamorization of marijuana use and encourages respect for the public's health and wellbeing. Let's not waste it."

While the public health and minority communities were concerned with restraining the marijuana marketplace, other constituencies had other concerns.

"Most of our constituents are small growers with a hundred plants or less. We argued that when it comes to growing, priority should be given to individuals who are willing to have a garden of 99 plants or less," said Kevin Oliver, executive director of Washington NORML.

"Our constituency includes two separate US Attorney districts that have disparate levels of enforcement activity. If the US Attorney's Office in the Eastern District gets wind of any marijuana operations, they shut them down. They're discussing zoning for grows the size of a football field in Seattle, and good for them, but that won't fly in eastern Washington. If they ignore the little guy, that's going to cut out anybody in eastern Washington, that's why we want them to prioritize for small growers under 99 plants."

The 99 plants number is based on federal mandatory minimum sentences that kick in at 100 plants, but is also based on the observation that federal prosecutors are unlikely to go after grows that small when there are bigger fish to fry -- and bigger punishments to hand out.

"Our concerns were very similar to most everyone else who was frustrated with the board's definition of what can be sold at retail and it's not allowing extracts like hash oil," said Kurtz, who worked with the Washington Cannabis Association in crafting its comments. "Nobody is happy about that. There are a lot of business people who were counting on that for their business model. The whole purpose of the initiative was to get rid of a black market, but by not allowing that retail, a black market will remain. We might as well actually regulate because it's going to happen regardless, but they don't seem very keen to change," she said.

"The draft regs also don't allow for outdoor grows, but I have some hope they will change that," Kurtz added . "They've heard back from a lot of people about the need for outdoor grows, including Seattle City Attorney Pete Holmes. Forcing everyone indoors increases energy consumption, and growing outdoors is less expensive."

On the upside, the LCB seems to be crafting reasonable regulations for out of state visitors and for preventing diversion, although diversion probably won't be a big issue, Kurtz said.

"This doesn't limit out of state people at all," Kurtz explained. "You can buy an ounce at a time, which is the limit of what you can legally possess."

There is no integrated system to track purchasers, so out-of-staters could theoretically go from retail outlet to retail outlet, building their stashes an ounce at a time, but that doesn't mean there will be an issue with diversion to other states, Kurtz argued.

"Economically, it just doesn't make sense," she said. "If someone from North Dakota wants to sell pot there, they could come here, but they would be paying full retail and having to go to a bunch of stores, and they wouldn't have much of a profit margin paying retail. Or they could just grow some in their basement in North Dakota."

A larger issue is diversion from cultivation sites, but Kurtz argued that a combination of security and grower self-interest should limit that.

"There is going to be a lot of recordkeeping, an electronic system where growers will have to input data daily," she said. "There are product quarantines, there are security cameras. But more importantly, people are preparing to invest a lot of money in this to have a legitimate business, not to divert pot to the black market. I've been meeting a lot of people who I don't think would risk their licenses to sell to the black market."

Washington's legal, regulated marijuana commerce is still a work in progress, but stakeholders pronounced themselves generally satisfied with the process so far.

"We are in completely new territory in terms of creating a legal marketplace and we're being very vigilant. It's too soon to tell whether this new environment is going to adequately protect youth and be an effective public health approach," said the Children Alliance's Gould.

"This has been a good public process, with lots of transparency and broad engagement. They are doing a good job in terms of being open and transparent," he continued. "What is also really apparent is the enormous amount of competition this has created, with industries and individuals looking at this as an opportunity for profit. There are choices that need to be made, and we and others are speaking up, saying we need to choose public health and kids over profiteering. If the WSLCB creates an environment based on policies designed to make this more profitable, that could have a detrimental impact on children, youth, and the public health."

"We're getting there," said Kurtz. "Eventually we will have a good system, but it may take a few years to figure itself out."

And so marijuana begins the transition from illegal drug to legal commodity in Washington state. That is, if the federal government allows it to happen. So far, the federal government has given little indication it's going to do much of anything about it, but that could change. Stay tuned.

If Maine residents want to legalize marijuana via the popular vote, they may have to do it themselves. Last Friday, a bill that would have called for a referendum on marijuana legalization fell four votes short in the House. On Monday, it was defeated more decisively in the Senate.

[image:1 align:right]The bill, LD 1229, sponsored by Rep. Diane Russell (D-Portland), was a detailed tax, regulate, and legalize marijuana measure when first introduced. But, with a lack of support among colleagues, the bill was amended to merely call for a popular referendum. Even that watered down version couldn't pass the House.

During debate on the bill last Friday, Russell argued that if legislators failed to act, it was likely that activists would put a legalization initiative before voters through the citizens' initiative process, and that then, lawmakers would have no say.

"I believe this is the smartest, most rational way forward… to ensure we're the ones driving the bus to do it," Russell said.

Support for and opposition to the bill wasn't a simple party line affair, with some Republicans speaking for it and some Democrats opposing.

"We have a society that’s been hypocritically fighting this war for years," said Rep. Lance Harvell (R-Farmington). "In a democratic republic, the will of the people will be expressed."

"I have seen lives ruined by addiction," said Rep Gay Grant (D-Gardiner). "I am not ready to raise the white flag on one more opportunity to destroy lives."

"You actually can't smoke enough marijuana to kill yourself. You’d fall asleep first," said Rep. Corey Wilson (R-Augusta), who argued that prohibition had failed and that the state should consider collecting taxes on marijuana to help fight more dangerous drugs.

With Maine activists eyeing the presidential election year of 2016 for a citizens' legalization initiative, the legislature still has a couple of years to act. If it doesn't, Mainers may well make the decision themselves.

Sun Chronicle, 11 Jun 2013 - WRENTHAM - A request to adopt a temporary moratorium on medical marijuana treatment centers in town sparked a lot of the debate at the second night of the annual town meeting Tuesday, but was supported. Just 48 residents turned out to King Philip Regional High School - a far cry from the 499 who came through the doors for Monday night's first session. And instead of lasting to almost midnight, the second session wrapped up business about 9 p.m.

Boston Globe, 09 Jun 2013 - While officials in Lynn, Melrose, and Peabody have voted to ban dispensaries in their cities, mayors in Malden, Newburyport, and Somerville have indicated a willingness to respect the November vote that legalized medical marijuana in the state and are preparing to zone locations in appropriate areas. In the aftermath of Attorney General Martha Coakley's March ruling that Wakefield could not ban medical marijuana dispensaries, several cities and towns north of Boston have elected to pass moratoriums that will allow them up to a year to zone where the shops could operate.

Kenosha News, 09 Jun 2013 - Gary Storck considers medical marijuana a lifesaver. The Dane County man has been smoking it for medical problems since Oct. 3, 1972, when he was 17 years old. "I smoked some cannabis before seeing my eye doctor. He checked my pressures and they were normal that day," he said.

Boston Globe, 09 Jun 2013 - Smoking marijuana on the street or in the park could soon become an expensive proposition in Norwood and Walpole, even for those with a legal right to possess the drug. At their recent town meetings, the two communities adopted bylaws banning the public consumption of marijuana including by those who are authorized to use medical marijuana under the state law adopted by voters last year.

Verde Independent, 07 Jun 2013 - PHOENIX -- The state's more than 38,000 medical marijuana users are in no danger of losing their medication, at least not at the ballot box. Rep. John Kavanagh, R-Fountain Hills, said Wednesday he cannot drum up enough support among legislative colleagues for his bid to ask voters next year to rescind Arizona's 2010 Medical Marijuana Act. That not only kills the plan for this year but also makes it unlikely to be resurrected next year.

The Aspen Times, 06 Jun 2013 - Aspen City Attorney Jim True said Wednesday that he soon will suggest that the City Council hold a work session this month or in July on whether and how to regulate recreational pot stores in Aspen. True said there is no hurry because under state law, businesses cannot apply to become retail pot shops until Oct. 1. The state Department of Revenue is still writing rules based on legislation recently passed the Colorado General Assembly. Legislators took up a host of marijuana-related issues during their January-to-May session after voters across the state in November passed Amendment 64, which seeks to have marijuana regulated in the same manner as alcohol.

The Sun, 05 Jun 2013 - PHOENIX - The state's more than 38,000 medical marijuana users are in no danger of losing their medication, at least not at the ballot box. Rep. John Kavanagh, R-Fountain Hills, said Wednesday he cannot drum up enough support among legislative colleagues for his bid to ask voters next year to rescind Arizona's 2010 Medical Marijuana Act. That not only kills the plan for this year but also makes it unlikely to be resurrected next year.

Seattle Weekly, 05 Jun 2013 - Six months ago, same-sex marriages and pot became legal. May this be the summer of fabulous weddings and potheads learning to love. Part I: Love In 1967, San Francisco's Haight-Ashbury neighborhood was the epicenter of the Summer of Love. As the Scott McKenzie song implored, thousands of hippies - with flowers in their hair - converged on the city, looking for a stake in the counterculture phenomenon that helped define a generation.

East Bay Express, 05 Jun 2013 - Unfortunately, Cannabis Regulations Went Down in Defeat, but Thankfully, So Did a Bill That Would Have Made It Illegal to Drive Days or Weeks After Getting Stoned. California medical marijuana regulations failed in the state legislature last week, but advocacy groups helped advance a bill to better protect collectives, and helped defeat a bill that would have criminalized driving while sober.