AN ONLINE LIBRARY ABOUT MARIJUANA POSSESSION ARRESTS,
RACE AND POLICE POLICY IN NEW YORK CITY AND BEYOND

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FIRST PAGE   

 

The Scandal of Racist Marijuana Arrests
(new Nov 2013 - from The Nation, and
The War on Marijuana in Black and White

from the ACLU
)

 


NY City's Marijuana Possession Arrests

DOCUMENTING THE ARREST CRUSADE

JOURNALISM & COMMENTARY

GRAPHS & TABLES

• COLLATERAL CONSEQUENCES

 

Stop and Frisk New York 

• STOP & FRISK REPORTS AND DATA

• STOP & FRISK NYC (news excerpts)
QUOTAS, QUOTAS, QUOTAS

SCANDALS OF THE NYPD

550,000 NYPD SUMMONSES A YEAR


Race and Marijuana Arrests, USA

210,000 Marijuana Arrests in Colorado

240,000 Marijuana Arrests in Washington

U.S. MARIJUANA ARRESTS 1965-2010

• CALIFORNIA

WASHINGTON DC, CHICAGO, ETC.
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• ABOUT MARIJUANA-ARRESTS.COM

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ILLEGAL SEARCHES (coming)

 

 

 

 

 

Making HISTORY IN

cOlorado & Washington

Ending Arrests,Tickets, Fines, and Criminal Records

for Marijuana Possession -- and Legalizing Use!

 

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Before electrion day, Nov 6, 2012,

210,000 Marijuana Possession Arrests in Colorado, 1986-2010
October 2012 Report

240,000 Marijuana Possession Arrests in Washington
Costs, Consequences and Racial Disparities of Possession Arrests, 1986-2010
,  October 2012 Report

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From the election on....

Commentary and News

 

       For supporters of legalizing marijuana, it was a historic moment, one that drew comparisons to the end of Prohibition: On Tuesday, voters in Colorado and Washington State made it legal to smoke pot recreationally, without any prescription or medical excuse.... 

       As soon as the laws are certified, it will be legal under Colorado and Washington law for adults 21 years and older to possess up to an ounce of marijuana. In Colorado, people will be able to grow as many as six plants. In Washington, users will have to buy their marijuana from state-licensed providers.

       “They can’t arrest you for it, and they can’t seize it,” Mr. Stamper [the former police chief of Seattle] said. “It’s yours.”
-- New York Times, Nov 7, 2012


 

       Colorado and Washington became the first states to legalize recreational marijuana in the prohibition era on Tuesday, dealing a major blow to the war on drugs....  "To put this into historical context, there is no historical context," said Tom Angell, spokesperson for Law Enforcement Against Prohibition. "It's the first time any state has ever voted to legalize marijuana -- and two of them did it."
--Matt Sledge. Huffington Post. Nov 7, 2012



 ‘
‘Today, the state of Washington looked at 70 years of marijuana prohibition and said it’s time for a new approach,’’ said Alison Holcomb, manager of the campaign that won passage of Initiative 502 in Washington.

  The measures on marijuana will probably pose a headache for the Justice Department and the Drug Enforcement Administration, which consider pot an illegal drug....

 Colorado’s Amendment 64 will allow adults over 21 to possess up to an ounce of marijuana, though using the drug publicly would be banned. The amendment would allow people to grow up to six marijuana plants in a private, secure area....

 The Washington measure was notable for its sponsors and supporters, who ranged from public health experts and wealthy high-tech executives to two former top Justice Department’s officials in Seattle, US Attorneys John McKay and Kate Pflaumer.

‘‘Marijuana policy reform remains an issue where the people lead and the politicians follow,’’ said Ethan Nadelmann of the Drug Policy Alliance, which opposes the so-called ‘‘war on drugs.’’ “But Washington state shows that many politicians are beginning to catch up.’’

-- Associated Press, Nov 7, 2012



         Yesterday’s elections have forever changed the playing field regarding cannabis prohibition laws in America (and probably in large parts of the world too).

The citizens of Colorado, Washington and Massachusetts delivered game changing victories last night for the nearly fifty year-old cannabis law reform Movement.... 

Colorado and Washington become the first places in the world, ever, where citizens have cast votes to reject cannabis prohibition, and replace the failed public policy with alternatives like tax-n-regulate models (similar to the control and taxation models widely accepted for alcohol and tobacco product use by adults)....

Will there continue to be fits and starts, federal government incursion into state sovereignty and obstinate politicians?  Surely.

However, the die for major cannabis law reforms is now cast.
-- Allen St. Pierre, Norml Executive Director, Nov 7, 2012

 

"The legalization of marijuana is a serious issue, and it has major ramifications for America's failed war on drugs.... An ounce is enough to send you to jail for up to five years in Florida...

Even though half of American teenagers smoke pot, only certain ones get arrested and have their lives ruined. Disproportionately it hurts people of color. Have you read the incarcertation stats for simple possession for people of color?

 Look, we spend eight billion tax dollars a year locking people up for just marijuana."
--John Stewart, The Daily Show, Nov 8, 2012

 

       Norm Stamper, former Seattle police chief, had this to say: "I cannot tell you how happy I am that after forty years of the racist, destructive exercise in futility that is the war on drugs, my home state of Washington has now put us on a different path. There are people who have lost today: drug cartels, street gangs, those who profit from keeping American incarceration rates the highest in the world. For the rest of us, however, this is a win. It's a win for taxpayers. It's a win for police. It's a win for all those who care about social justice. This is indeed a wonderful day."

      "Because of the victories ... we awakened this morning in a slightly better country. It's a little safer, a little bit more just," said Neill Franklin, Executive Director of Law Enforcement Against Prohibition and 34-year veteran of the Baltimore and Maryland State police departments.

       "And when the rest of the country follows the lead pioneered by the voters of Colorado and Washington, we'll be closer to living in a country with a drug policy that is truly about public safety."
-- Law Enforcement Against Prohibition (LEAP) press release, Nov 7, 2012

 

 

The decision by voters in Colorado and Washington to legalize the recreational use of marijuana — taking consumption of the drug well beyond its use for medicinal purposes that is legal in 18 states and the District of Columbia — overturned decades of marijuana prohibitions....

It's possible for a state to legalize something the federal government deems illegal, said Jonathan Caulkins, a specialist in drug policy at Carnegie Mellon Heinz College in Pittsburgh. New York legalized alcohol in 1923 during Prohibition.

American attitudes about marijuana use have been steadily changing. In 2011 a record 50% of Americans told Gallup pollsters that use of marijuana should be made legal, up from 46% in 2010.

There's also a growing realization that the war on drugs launched by President Richard Nixon in 1971 has been "a destructive failure," said Neill Franklin, executive director of Law Enforcement Against Prohibition.... He likens the shift to America's alcohol prohibition in the 1920s. "It was the states that began to push back, one-by-one."
-- USA Today, Nov 7, 2012

 

 

For the first time, two American states have legalized the recreational use and sale of marijuana.... Unlike most prior initiatives, I-502 [in Washington] was widely supported by state officials and mainstream media, including the state Democratic Party and local newspapers. It sets a legal limit on THC blood levels for driving (THC is the active ingredient in cannabis). It also bans growing for personal, non-medical use.

Colorado’s new law is somewhat different: Amendment 64 allows personal possession and growing for one’s own use or to give away. Sales, however, will require a license from the state department of revenue and will be taxed to fund school construction, at a rate of up to 15%. The Colorado Legislative Council estimates that this could bring in between $4 million and $21 million annually, after accounting for initial costs of $1.3 million and $700,000 to fund the regulatory apparatus.

Both measures passed by comfortable margins — I-502 garnered an estimated 55% of support, and Amendment 64 earned 53% of the vote. Colorado’s enthusiasm is especially significant given that the state already has a medical-marijuana establishment, with 204 outlets in Denver — about three times its number of Starbucks and McDonald’s, combined.....

There is also the complicated relationship between the intensity of law enforcement and the rates of marijuana use and addiction, with no clear expectation that increased enforcement will lower use or related problems. As Dr. Evan Wood, a professor of medicine at the University of British Columbia and the founder of the International Centre for Science in Drug Policy, says, “No scientific evidence demonstrates an association between the amount of money governments spend on drug law enforcement and rates of drug use. And some nations like the U.S., which spend the most, have among the highest rates of drug use.”
--Time Magazine, Nov 7, 2012


 

It would be a mistake to describe these victories as "pro-pot." Millions of Americans who have no particular affinity for marijuana have decided that it makes no sense to keep spending billions of dollars trying to enforce an unenforceable prohibition ....  They know that legalizing marijuana will deprive criminal organizations in Mexico and this country of profits and power, and enable police and prosecutors to focus resources on serious crimes. They are convinced that arresting 750,000 people each year for possessing a small amount of marijuana is costly, cruel and unjust. And they rightfully believe that young people will fare better with responsible regulations rather than ineffective prohibitions.
--Ethan Nadelmann, oped column in USA Today, Nov 7, 2012

 

America’s war on drugs got a lot more interesting Tuesday night when Colorado and Washington voted to legalize marijuana. Legalization advocates were quick to call the two measures “the beginning of the end” of marijuana prohibition in the United States....

Reached by phone, [Allen] St. Pierre, [executive director of the National Organization for the Reform of Marijuana Laws (NORML) said the entire landscape of drug policy shifted overnight thanks to voters in Colorado and Washington. “The drug reform movement has moved from agitation to the legalization epoch,” he said Wednesday.  St. Pierre noted that while his organization has been fighting prohibition on numerous fronts for 40 years, the power to overturn decades of law ultimately came down to a vote of the people.

As for what happens next, he said he expects the Department of Justice to throw its weight around a little before finally standing down.

“If past is prologue, the feds will initially try to interfere with the will of the voters. They will try to find some way to interfere, maybe go to court to seek a permanent injunction,” St. Pierre said.

He noted, though, that President Obama “tried to find some middle ground” on marijuana during his first term. He also said that, in previous elections to legalize pot, the DOJ made public statements prior to Election Day, but didn’t this time. “They have used the bully pulpit to sully public opinion in the past, but they didn’t do that this time.”

Ultimately, St. Pierre said he expects the feds to be OK with Colorado eliminating all penalties for personal possession and personal growing of marijuana, but he also expects they will try to stop the state from establishing a system of legal retail stores and legal mass grow operations.
--Scot Kersgaard, Colorado Independent,  November 8, 2012
 

 

The laws do not allow people to light up in public, and cities and counties will be able to block marijuana retailers, in much the same way that blue laws have restricted alcohol sales for decades. And it remains illegal to drive a motor vehicle while high on the drug....

It is a murky landscape now, one that potentially pits voters who supported President Obama and legalization against the president’s own Justice Department....

In Colorado, the federal government has largely allowed the state-regulated medical-marijuana industry to operate, and supporters said they hoped the government would take a similar laissez-faire stance as the new laws took effect.

“I don’t see D.E.A. agents sweeping into Colorado and Washington and enforcing drug laws that were previously enforced by local agencies,” said Norm Stamper, a former Seattle police chief who campaigned for the Washington measure despite a personal preference for dry martinis over pot brownies. “It would be extremely poor politics. The will of the people has been expressed.”

Although elected officials, parents’ groups and top law enforcement figures opposed the measures, they nevertheless won support with voters who saw little harm with regulating marijuana similarly to the way alcohol is. Colorado’s marijuana law passed with 54 percent support, and Washington’s with 55 percent....

“Coloradans are accustomed to having this stuff above ground, supervised by state authorities and having it regulated,” said Ethan Nadelmann, executive director of the Drug Policy Alliance, which supported legalization.

To advocates, the real power of the measures’ passage may be that they signal a change in the way voters think about drugs and drug policy in the United States.
-- New York Times, Nov 7, 2012

 

The legalization of recreational marijuana in the U.S. states of Washington and Colorado will force Mexico to rethink its efforts to halt marijuana smuggling across the border, the main adviser to Mexico's president-elect said Wednesday.

Luis Videgaray, head of incoming President Enrique Peņa Nieto's transition team, said Wednesday that the Mexican administration taking power in three weeks remains opposed to drug legalization. But he said the votes in the two states complicate his country's commitment to quashing the growing and smuggling of a plant now seen by many as legal in part of the U.S.

"Obviously we can't handle a product that is illegal in Mexico, trying to stop its transfer to the United States, when in the United States, at least in part of the United States, it now has a different status," Videgaray said. "I believe this obliges us to think the relationship in regards to security.... This is an unforeseen element."

Videgaray stopped short of threatening to curtail Mexican enforcement of marijuana laws"....  These important modifications change somewhat the rules of the game in the relationship with the United States," Videgaray said. "I think that we have to carry out a review of our joint policies in regards to drug trafficking and security in general."
-- Fox News Latino, Nov 8, 2012

 

Marijuana legalization votes this week in Colorado and Washington state don’t just set up an epic state-federal showdown on drug law for residents. The measures also open the door for marijuana tourism.

Both measures make marijuana possession in small amounts OK for all adults over 21. The measures affect not just state residents but visitors, too. Tourists may not be able to pack their bowls along with their bags, but as long as out-of-state tourists purchase and use the drug while in Colorado or Washington, they wouldn’t violate the marijuana measures.
--Associated Press, Nov 8, 2012

 

Tuesday night, the states of Colorado and Washington sent a loud and clear message to the federal government that they no longer wish to enforce the futile prohibition on cannabis....  What are the practical effects on the ground now that these two initiatives have been approved?....

Starting on December 6th, Section 20 of the initiative will take effect. This section effectively states that any person over the age of 21 is legally allowed to possess up to 1oz of dried marijuana, 16oz of marijuana solids (edibles), and 72oz of cannabis infused liquids (think oils and lotions). It is also no longer a crime to possess marijuana paraphernalia.

Law enforcement representatives in the state have already released some statements on this matter. Sergeant Sean Whitcomb, from the Seattle Police Department, said, “For us, the law has changed, and people can expect no enforcement for possession.” “What you can expect,” Sgt. Whitcomb clarified, “is no enforcement on possession, that is a reasonable expectation.”

The vote in Colorado is awaiting final certification, a process that is expected to take about a month. After this approval, it will immediately become legal in Colorado for adults over the age of 21 to possess up to an ounce of marijuana and for them to grow up to 6 plants in a secure indoor space. The state is required to adopt a legal framework for retail sales by July of 2013, the first marijuana retail outlets could potentially open as early as the start of 2014.

Colorado’s law enforcement seems just as keen as Washington’s, for the time being, to honor the will of the people. “We’re not federal agents,” stated Larimer County Sheriff Justin Smith, who opposed Amendment 64 during the campaign. “We can arrest people if they’re wanted on warrants on federal crimes, but unless we’re involved in a specific case where (a deputy is) cross-commissioned as a federal agent,” he said, “we don’t directly enforce federal law.”

While he ended his statement with a patronizing jab, Colorado Governor Hickenlooper seems willing to abide by the desire of his state’s citizens on this issue. “The voters have spoken and we have to respect their will,” Hickenlooper said Tuesday night. “This will be a complicated process, but we intend to follow through. That said,” he ended, “Federal law still says marijuana is an illegal drug, so don’t break out the Cheetos or gold fish too quickly.”

These protections in both states, when certified and placed into effect, will apply to anyone physically in the state, no residency required. Public consumption would remain a violation in both states, but a civil, not criminal, one.
-- Erik Altieri, NORML Communications Director November 8, 2012

 

Consider two pieces of evidence that Holder may be shifting ground. The first is a report in GQ last summer claiming that President Obama wants to “pivot” on the war against drugs in his second term. “From his days as a state senator in Illinois, Obama has considered the Drug War to be a failure,” Marc Ambinder wrote. This has widely been read as a sign that the Justice Department will ease up on marijuana enforcement, even though that’s not what happened this fall in California.

 I’m not sure I see it, but I’m more intrigued by Holder’s decision not to make a stern statement before Tuesday’s election like the one he made in 2010, even when he came under public pressure from former Drug Enforcement Agency administrators and directors of the Office of National Drug Control Policy. These officials pointed to the upcoming initiatives in Colorado and Washington and called legalizing marijuana a threat to public health and safety and a “danger that touches every one of us.” One former drug czar called it “shocking” that Holder hadn’t spoken up.

But he didn’t, and meanwhile, legalizing pot in some form or fashion picked up an interesting array of supporters, from the Republican Senate candidate in Washington who called it a "thoughtful way forward” to evangelical leader Pat Robertson, conservative campaign spender David Koch, and Democratic Newark, N.J., Mayor Cory Booker. They’re all featured on the website of the group Marijuana Majority, and as the Atlantic’s Conor Friedersdorf pointed out last month, their public statements are proof that it’s time to stop laughing at the marijuana reform movement.

We’ve all heard the jokes or made them ourselves, but there’s a serious cost-benefit analysis question here about whether the price of criminalizing the sale and use of pot is worth the cost in money and prison sentences.

Washington and Colorado’s voters have become the first to answer no.... Maybe their voices will give Obama and Holder pause. They should. There are plenty of questions left to answer and thresholds to cross—how would a statewide marijuana market work? Would the government collect a sales tax? Amsterdam, anyone? Now two states are offering themselves up as laboratories, in the classic federalist tradition of experimentation. The Justice Department should let them try. The rest of the country can be the control group for now.
--Slate, Emily Bazelon, Nov 7, 2012

 


       A spokesperson for the DEA told the Colorado Independent that in spite of the law, the agency does not currently take much interest in people growing a few plants for personal use and that the agency will continue to focus primarily on large scale trafficking.
--Scot Kersgaard, Colorado Independent,
Sept 25, 2012

 


    
  If Amendment 64 passes, it will become almost immediately legal under Colorado law for adults to possess, grow, consume and give away (to another adult) up to an ounce of marijuana. It may take more than a year, however, before adults can purchase marijuana legally in a store....

       If the measure passes, the parts of the amendment related to individual behavior go into effect as soon as the governor signs a proclamation certifying the results of the election, which he is required to do within 30 days.

-- Scot Kersgaard, Colorado Independent. September 20, 2012

 

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News Coverage (most recent first, with links)

 

Election Day Message: The Nonsense Of Marijuana Busts. Voters In Washington And Colorado Say No To The Long, Costly War On Pot, by Dan Rodricks, Baltimore Sun, November 10, 2012
http://articles.baltimoresun.com/2012-11-10/news/bs-md-rodricks-1111-20121110_1_drug-arrests-narcotics-arrests-neill-franklin

Last month, the Federal Bureau of Investigation released its accounting of all arrests made by law enforcement agencies across the fruited plain.... 1.5 million [drug arrests] ... always the biggest single category in the FBI's Uniform Crime Report....  The overwhelming majority of them — 82 percent — were for possession. The FBI breaks that number down, too. Of all the drug arrests, 16 percent were for heroin or cocaine possession, 17 percent were for possession of "dangerous, non-narcotic drugs," and about 5 percent were for possession of "synthetic or manufactured drugs."  Last, but certainly not least, were arrests for marijuana possession. They accounted for 43 percent of all drug arrests in 2011.

So, just in case you were operating under the impression that the law had backed off the whole grass-possession thing, there it is: More than four out of 10 of all narcotics arrests made in United States were for people having marijuana in their possession. And one more breakdown for you: Arrests for marijuana possession accounted for just about half of all drug arrests in the Northeast and in the South.

So that's what our cops spend a lot of their time doing — arresting people for pot, hundreds of thousands of times per year...  The FBI numbers take on heightened relevance in light of what happened on Election Day.

On Tuesday, voters in Colorado and Washington made it legal to smoke pot without a prescription or a medical reason. That's a breakthrough in the long stalemate in the public debate about the war on drugs — electorates in two states expressing what the American public has been telling politicians for a long time, that we spend too much money and manpower on chasing and incarcerating people who use drugs. It has been going on for 40 years. It hasn't decreased the demand for drugs, but it has led to an epoch of terrible violence related to the underground commerce, and it has filled our prisons.... Nearly 50 percent of all drug arrests made in this country last year were for either the sale or possession of marijuana.

There's a better way to go with all this. The people in Washington and Colorado opened the door.

 

Blue Byline: A Cop's Perspective Of The News. Legalized Marijuana Has Arrived, But Will It Last? by Brian O'Neill, News Tribune (WA), Nov 10, 2012
http://blog.thenewstribune.com/bluebyline/2012/11/10/legalized-marijuana-has-arrived-but-will-it-last/

Just as no one wants to walk down a city street past drunks guzzling malt liquor out of 40 ounce cans, no one should have to pass through a billowing cloud of pot smoke on a stroll through the park. Tobacco users can attest to public ire against second hand smoke, but marijuana also has a pungent aroma almost as bad as the reek of a skunk wafting through an open car window on a hot day. Obviously, I’m not a fan.

But many people who have no use for marijuana, myself included, nevertheless voted yes on I-502. We did so under the assumption that, a) there was a hint of hypocrisy in legalized alcohol and prohibited marijuana; b) there was an untapped source of taxation going to waste; and c) there was a good chance legalization could have a positive impact on public safety, both here and across our southern border. Oh, and d) The current legal model hasn’t worked out so well.

In all fairness, supporters of I-502 should be commended for crafting a tightly knit piece of legislation that, at least according to a majority of Washingtonians, was worthy of passage. Their efforts were the culmination of decades spent passionately educating voters on the efficacy of medical marijuana and the overblown concerns of recreational use....

For now, Washington seems willing to give the new law a try. With proper guidelines and responsible behavior, legalization could boost taxes, lower incarceration costs and provide more freedoms for citizens. Fair warning, though- if our streets begin to resemble a set from “Up in Smoke”, I-502?s solid majority will be back at the polls to clean up the mess.

 

Detroit Marijuana Proposal Backer Says Voters' Support Of Decriminalization Was 'No Surprise', By David Sands, The Huffington Post, Nov 10, 2012
http://www.huffingtonpost.com/2012/11/11/detroit-marijuana-proposal-m-decriminalization_n_2101904.html

A backer of a Detroit ballot proposal decriminalizing marijuana says that the decision of voters to pass the measure Tuesday didn't come as a shock to him.  "This election result is no surprise," Tim Beck of the Coalition for a Safer Detroit, which put Proposal M on the ballot, told The Huffington Post in an email. "The City of Detroit did not spend two years in court and thousands of dollars in legal fees to keep this off the ballot because they thought the measure would be rejected by the voters."

The ballot measure amends a 1984 Detroit city ordinance to exempt adults over the age of 21 from being prosecuted for the possession of less than an ounce of marijuana on private property. It will take effect once the results of the election are formally certified, according to Beck. A spokeswoman from the Detroit Department of Elections said certification will take place Nov. 20, two weeks after the election....

In a prior interview Beck told The Huffington Post he supported the measure not just due to a concern for personal freedom, but also because he felt it would encourage the city's police department to rethink their priorities....

"The city of Detroit is in some very, very deep financial problems. It is on the verge of bankruptcy. The police force is stretched as thin as it's ever going to get," he said. "We've got to get out of the business of dealing with victimless crime and refocus our scarce resources on crimes that have actual consequences to other people." It's still unclear how Detroit police will enforce the revised city code on marijuana, because state and federal laws criminalizing the substance still remain on the books....

Detroit wasn't the only Michigan city to pass laws decriminalizing marijuana this election season. Voters in Flint, Grand Rapids, and Ypsilanti approved related measures, while Kalamazoo passed a proposal to establish medical marijuana dispensaries, the AP reports.
 

 

220 Marijuana Cases Dismissed in King, Pierce Counties, by Jonathan Martin, Seattle Times, Nov 9, 2012
http://blogs.seattletimes.com/politicsnorthwest/2012/11/09/175-marijuana-prosecutions-in-king-county-dismissed-because-of-initiative-502/


King and Pierce County prosecutors are dismissing more than 220 misdemeanor marijuana cases in response to Tuesday’s vote to decriminalize small amounts of pot.

In King County, 175 cases are being dismissed involving people 21 and older and possession of one ounce or less. I-502 makes one ounce of marijuana legal on Dec. 6, but King County Prosecutor Dan Satterberg decided to apply I-502 retroactively.

“Although the effective date of I-502 is not until December 6, there is no point in continuing to seek criminal penalties for conduct that will be legal next month,” Satterberg said in a statement.

The dismissed cases involved arrests in unincorporated King County, as well as the state highways and the University of Washington. About 40 of the cases had already been filed in court as criminal charges; those charges will be dismissed. Another 135 cases were pending charging decisions and will simply be returned to the arresting police agency.

Pierce County Prosecutor Mark Lindquist said he was dismissing “about four dozen” pending cases where misdemeanor marijuana was the only offense. He said his staff was continuing to prosecute other cases where possession was secondary to a more serious charge, such as drunken driving.

“The people have spoken through this initiative,” said Lindquist. “And as a practical matter, I don’t think you could sell a simple marijuana case to a jury after this initiative passed.”

In an interview, Satterberg said his office would continue to prosecute marijuana possession above one ounce, allowing for “a buffer for those whose scales are less than accurate.” His office also charges felony possession — for people with more than 40 grams — although he said his staff routinely allows those defendants to plead down to a misdemeanor.

“I think when the people voted to change the policy, they weren’t focused on when the effective date of the new policy would be. They spoke loudly and clearly that we should not treat small amounts of marijuana as an offense,” he said.

I-502 campaign manager Alison Holcomb said she was “incredibly moved” by Satterberg’s announcement, which she said showed “incredible courage.”

The decision supports a prime argument I-502 made during the campaign. A study by a group of academics found there had been 241,000 misdemeanor marijuana possession cases in Washington over the past 25 years, 67,000 of them in the past five years. “If 502 hadn’t passed, we’d see the same amount of marijuana possession cases every year,” she said. “What makes a difference is changing the law.”

Satterberg is the first prosecutor to change charging policy after I-502, but other prosecutors are also considering these cases. Tom McBride of the Washington Association of Prosecuting Attorneys said his office “just starting to work through those issues.”

Seattle City Attorney Pete Holmes has refused to prosecute misdemeanor possession cases since he took office.

Earlier this week, the chief criminal deputy prosecutor in Spokane County, Jack Driscoll, appeared to take a more conservative position. He told the Spokesman-Review that, even after Dec. 6, the only marijuana which was legal to possess was pot sold in the state-licensed stores called for in I-502. Those stores won’t be created for at least a year.

“The only thing that is legal is selling marijuana through those stores,” Driscoll said. “That will be regulated by the state. You can’t under this initiative have an ounce of marijuana that doesn’t come from a state-issued provider. You still can’t have black-market marijuana.”

Holcomb disputed that interpretation. So did Satterberg, who called it a “very narrow reading” of the initiative. “I don’t know how you trace where (the marijuana) comes from,” he said.
Satterberg said he expected federal authorities to seek an injunction to block implementation of I-502?s state licensing scheme for marijuana retailers and growers. “I think it’s the kind of issue the U.S. Supreme Court will have a final word on,” said Satterberg, calling it an “an important state’s rights issue.”

But he does not expect a federal lawsuit to target the types of cases he is dismissing, noting that states already have widely divergent penalties for marijuana possession.

 

Voters Ease Marijuana Laws in 2 States, but Legal Questions Remain. By Jack Healy, New York Times, November 8, 2012
http://www.nytimes.com/2012/11/08/us/politics/marijuana-laws-eased-in-colorado-and-washington.html?_r=0

DENVER — For supporters of legalizing marijuana, it was a historic moment, one that drew comparisons to the end of Prohibition: On Tuesday, voters in Colorado and Washington State made it legal to smoke pot recreationally, without any prescription or medical excuse.

But as Gov. John Hickenlooper of Colorado cautioned voters on Tuesday night: “Don’t break out the Cheetos or the Goldfish too quickly.”

For one thing, it will be a month before the measures are officially on the books, and longer still before state officials write the rules, tax codes and other regulations creating new state-licensed retail marijuana shops. But the larger, looming problem is a clash with the federal government, which still views marijuana as a Schedule I prohibited substance and has cracked down on states, like California and Montana, that have voted to allow medical marijuana.

In a statement on Wednesday, a spokesman for the Drug Enforcement Agency said the Justice Department was reviewing the ballot measures and declined to comment directly on how officials would respond to them. But he said the agency’s enforcement of federal drug laws “remains unchanged.” The United States attorneys in Denver and Seattle responded with nearly identical statements, offering no clue on whether they would sue to block the measures from being put into effect.

It is a murky landscape now, one that potentially pits voters who supported President Obama and legalization against the president’s own Justice Department. In 2010, weeks before California voted on an unsuccessful initiative to legalize marijuana, Attorney General Eric H. Holder Jr. announced that authorities would still aggressively prosecute marijuana laws.

But that has not always been the case. In Colorado, the federal government has largely allowed the state-regulated medical-marijuana industry to operate, and supporters said they hoped the government would take a similar laissez-faire stance as the new laws took effect.

“I don’t see D.E.A. agents sweeping into Colorado and Washington and enforcing drug laws that were previously enforced by local agencies,” said Norm Stamper, a former Seattle police chief who campaigned for the Washington measure despite a personal preference for dry martinis over pot brownies. “It would be extremely poor politics. The will of the people has been expressed.”

Although elected officials, parents’ groups and top law enforcement figures opposed the measures, they nevertheless won support with voters who saw little harm with regulating marijuana similarly to the way alcohol is. Colorado’s marijuana law passed with 54 percent support, and Washington’s with 55 percent.

Colorado and Washington are among 18 states with medical marijuana laws, but they become the first in the nation to approve the use for recreational purposes. A similar measure in Oregon failed on Tuesday.

As soon as the laws are certified, it will be legal under Colorado and Washington law for adults 21 years and older to possess up to an ounce of marijuana. In Colorado, people will be able to grow as many as six plants. In Washington, users will have to buy their marijuana from state-licensed providers.

“They can’t arrest you for it, and they can’t seize it,” Mr. Stamper said. “It’s yours.”
The measures will also set up regulations for industrial hemp, a fibrous plant that contains traces of the main psychoactive chemical in marijuana.

The laws do not allow people to light up in public, and cities and counties will be able to block marijuana retailers, in much the same way that blue laws have restricted alcohol sales for decades. And it remains illegal to drive a motor vehicle while high on the drug.

Supporters say the laws will end thousands of small-scale drug arrests while freeing law enforcement to focus on larger crimes. They estimate that taxing marijuana will bring in millions of dollars of new revenue for governments, and will save court systems and police departments additional millions.

Opponents warned that the law — despite its 21-year age minimum — would set Colorado and Washington on a collision course with the federal government and encourage teenagers to use marijuana.

It is still unclear how much will change. The streets here in Denver and across Colorado are already lined with shops, their windows decorated with green crosses and pot leaves, advertising all-natural plant treatments and herbal health aids.

“Coloradans are accustomed to having this stuff above ground, supervised by state authorities and having it regulated,” said Ethan Nadelmann, executive director of the Drug Policy Alliance, which supported legalization.

To advocates, the real power of the measures’ passage may be that they signal a change in the way voters think about drugs and drug policy in the United States.

Brian Vicente, a leading campaigner for the Colorado initiative, summed it up this way: “It’s a historic one, man.”

 

[VIDEO]

After Historic Votes Legalizing Marijuana, Colorado & Washington Prepare for Federal Gov’t Showdown, Democracy Now, November 9, 2012
http://www.democracynow.org/2012/11/9/after_historic_votes_legalizing_marijuana_colorado

In a historic move, Colorado and Washington have become the first states to legalize marijuana for recreational use. Fifty-two percent of voters in Colorado supported Amendment 64, which will amend the state constitution to allow those 21 and older to purchase up to one ounce of marijuana at specially regulated stores, and permit adults to grow up to six marijuana plants in their homes. Meanwhile, in Washington, Initiative 502 passed by a 10-point margin. Now marijuana reform advocates are preparing for a showdown with the federal government, which still considers the plant a dangerous drug. {Transcript]

[note: Amy Goodman quickly produced a good half hour of video news about marijuana arrests, scares, and legalization in historical context.  Good footage from reformers behind the campaigns in Washington and Colorado.  In studio interview with Chicago reporter Mick Dumke, whose crusading journalism first revealed Chicago's huge number of severely racialy-biased marijuana possession arrests, and who is now tracking the arrests and tickets policing are now making, despite the supposed decriminalization.]

 

 

No, Athletes In Colorado And Washington, You Can’t Start Smoking Weed Now
By Travis Waldron, Think Progress, Nov 9, 2012

http://thinkprogress.org/alyssa/2012/11/09/1172281/no-athletes-in-colorado-and-washington-you-cant-start-smoking-weed-now/?mobile=nc

When voters in Colorado and Washington state approved ballot initiatives Tuesday that legalize marijuana in limited quantities, college and professional athletes in both states likely began wondering if they’d be able to partake in a post-game joint. But marijuana is still illegal under federal law, and toking up will still get them in trouble with their school, their team, and their league.

Most college athletes wouldn’t benefit from the new laws anyway, since they set a legal age limit at 21. But even those above the age limit will still be subject to the NCAA’s banned substance list, which includes a host of legal drugs and supplements. And the NCAA has no plans to reconsider marijuana in the wake of the new laws, according to an official statement given to Yahoo News:

“The legalizing of marijuana in Colorado and Washington does not impact the NCAA drug testing rules,” the statement said. “The NCAA banned drug and testing policies are not tied to whether a substance is legal for general population use, but rather whether the substance is considered a threat to student-athlete health and safety or the integrity of the game.”
 


Marijuana Legalization In Colo., Wa. Raise Specter Of Weed Tourism.  If the measures take effect, the two states may have opened the door to marijuana tourism,  By Associated Press, Nov 9, 2012
http://www.salon.com/2012/11/09/pot_votes_in_co_wa_raise_specter_of_weed_tourism/

DENVER (AP) — Hit the slopes — and then a bong? Marijuana legalization votes this week in Colorado and Washington state don’t just set up an epic state-federal showdown on drug law for residents. The measures also open the door for marijuana tourism.

Both measures make marijuana possession in small amounts OK for all adults over 21. The measures affect not just state residents but visitors, too. Tourists may not be able to pack their bowls along with their bags, but as long as out-of-state tourists purchase and use the drug while in Colorado or Washington, they wouldn’t violate the marijuana measures.



With Pot Legalized, Colorado Enters Drug-Policy Brave New World
By Scot Kersgaard, Colorado Independent,  November 08, 2012

http://coloradoindependent.com/126201/with-pot-legalized-colorado-enters-drug-policy-brave-new-world  also: http://www.huffingtonpost.com/2012/11/08/with-marijuana-legalized-_n_2094735.html

America’s war on drugs got a lot more interesting Tuesday night when Colorado and Washington voted to legalize marijuana.... The beginning of the end has begun,” Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws (NORML), wrote at his blog. “Yesterday’s elections have forever changed the playing field regarding cannabis prohibition laws in America (and probably in large parts of the world too),” he went on. Reached by phone, St. Pierre said the entire landscape of drug policy shifted overnight thanks to voters in Colorado and Washington.  “The drug reform movement has moved from agitation to the legalization epoch,” he said Wednesday.
 

Colorado and Washington Legalized Marijuana Tuesday, What Happens Now?
by Erik Altieri, NORML Communications Director November 8, 2012

http://blog.norml.org/2012/11/08/colorado-and-washington-legalized-marijuana-tuesday-what-happens-now/

Tuesday night, the states of Colorado and Washington sent a loud and clear message to the federal government that they no longer wish to enforce the futile prohibition on cannabis. The symbolic impact of these victories are immediate, but what are the practical effects on the ground now that these two initiatives have been approved?

In Washington State, regulations for the marijuana retail outlets are going to start being drafted by the Washington State Liquor Control Board. This process is expected to last about a year. The immediate impact of passing I-502 is on the state laws regarding possession. Starting on December 6th, Section 20 of the initiative will take effect. This section effectively states that any person over the age of 21 is legally allowed to possess up to 1oz of dried marijuana, 16oz of marijuana solids (edibles), and 72oz of cannabis infused liquids (think oils and lotions). It is also no longer a crime to possess marijuana paraphernalia.

Law enforcement representatives in the state have already released some statements on this matter. Sergeant Sean Whitcomb, from the Seattle Police Department, said, “For us, the law has changed, and people can expect no enforcement for possession.” “What you can expect,” Sgt. Whitcomb clarified, “is no enforcement on possession, that is a reasonable expectation.”

The vote in Colorado is awaiting final certification, a process that is expected to take about a month. After this approval, it will immediately become legal in Colorado for adults over the age of 21 to possess up to an ounce of marijuana and for them to grow up to 6 plants in a secure indoor space.

The state is required to adopt a legal framework for retail sales by July of 2013, the first marijuana retail outlets could potentially open as early as the start of 2014. Colorado’s law enforcement seems just as keen as Washington’s, for the time being, to honor the will of the people. “We’re not federal agents,” stated Larimer County Sheriff Justin Smith, who opposed Amendment 64 during the campaign.

“We can arrest people if they’re wanted on warrants on federal crimes, but unless we’re involved in a specific case where (a deputy is) cross-commissioned as a federal agent,” he said, “we don’t directly enforce federal law.”

While he ended his statement with a patronizing jab, Colorado Governor Hickenlooper seems willing to abide by the desire of his state’s citizens on this issue. “The voters have spoken and we have to respect their will,” Hickenlooper said Tuesday night.

“This will be a complicated process, but we intend to follow through. That said,” he ended, “Federal law still says marijuana is an illegal drug, so don’t break out the Cheetos or gold fish too quickly.”

These protections in both states, when certified and placed into effect, will apply to anyone physically in the state, no residency required. Public consumption would remain a violation in both states, but a civil, not criminal, one.
 


Hickenlooper Gets Cheetos, Goldfish Delivered To Office After Issuing Warning Statement On Marijuana Measure Passing, by Matt Ferner, Huffington Post. 11/08/2012 
http://www.huffingtonpost.com/2012/11/08/rob-corry-colorado-mariju_n_2093469.html

     The details of what legal, taxed, recreational use marijuana looks like in Colorado remain unclear and it will likely be a year, before Colorado adults 21-and-over can enjoy the legal cultivation and sale of marijuana. However, the parts of the amendment related to individual behavior will go into effect as soon as Governor Hickenlooper certifies the results of the vote, a proclamation he is obligated to do within 30 days of the election.

 

 

Legalizing Marijuana In Two States Will Put Federal Law, Dea To The Test, By David Crary. Associated Press / Boston Globe.  November 08, 2012
http://bostonglobe.com/news/nation/2012/11/08/decriminalization-marijuana-backed-historic-votes/AfXLoue9r3EstQPyfNRm6M/story.html 

Washington state and Colorado set up a showdown with federal authorities by legalizing recreational use of marijuana in votes on Tuesday.  The outcomes for those ballot measures were a milestone for persistent, but often thwarted, activists who for decades have pressed the causes of drug decriminalization. ‘‘Today, the state of Washington looked at 70 years of marijuana prohibition and said it’s time for a new approach,’’ said Alison Holcomb, manager of the campaign that won passage of Initiative 502 in Washington.

The measures on marijuana will probably pose a headache for the Justice Department and the Drug Enforcement Administration, which consider pot an illegal drug. The Department of Justice has declined to say how it would respond if the measures were approved.

Colorado’s Amendment 64 will allow adults over 21 to possess up to an ounce of marijuana, though using the drug publicly would be banned. The amendment would allow people to grow up to six marijuana plants in a private, secure area.

Washington’s measure establishes a system of state-licensed marijuana growers, processors, and stores, where adults can buy up to an ounce. It also establishes a standard blood test limit for driving under the influence.

The Washington measure was notable for its sponsors and supporters, who ranged from public health experts and wealthy high-tech executives to two former top Justice Department’s officials in Seattle, US Attorneys John McKay and Kate Pflaumer.

‘‘Marijuana policy reform remains an issue where the people lead and the politicians follow,’’ said Ethan Nadelmann of the Drug Policy Alliance, which opposes the so-called ‘‘war on drugs.’’ “But Washington state shows that many politicians are beginning to catch up.’’

 

 

Colorado Just Legalized Pot. Now What? by Robert Allen, USA Today, Nov 8, 2012
http://www.usatoday.com/story/news/nation/2012/11/08/colorado-marijuana-legalized-question-answer/1692117/

       Once vote totals are finalized, anyone 21 and older will be able to possess up to 1 ounce of pot legally. But exactly how the new amendment will fit into the federal legal landscape is up in the air.  [Q&A with some good, early provision information.]

 

 

Legalization of Marijuana in Two US States Forces Review of Mexican Drug War,  Fox News Latino, November 08, 2012
http://latino.foxnews.com/latino/politics/2012/11/08/legalization-marijuana-in-two-us-states-forces-review-pot-fight-in-mexico/

The legalization of recreational marijuana in the U.S. states of Washington and Colorado will force Mexico to rethink its efforts to halt marijuana smuggling across the border, the main adviser to Mexico's president-elect said Wednesday.

Luis Videgaray, head of incoming President Enrique Peņa Nieto's transition team, said Wednesday that the Mexican administration taking power in three weeks remains opposed to drug legalization. But he said the votes in the two states complicate his country's commitment to quashing the growing and smuggling of a plant now seen by many as legal in part of the U.S.

"Obviously we can't handle a product that is illegal in Mexico, trying to stop its transfer to the United States, when in the United States, at least in part of the United States, it now has a different status," Videgaray said. "I believe this obliges us to think the relationship in regards to security ... This is an unforeseen element."
 

 

R.I.P: Marijuana Prohibition, by Allen St. Pierre, NORML Executive Director November 7, 2012
http://blog.norml.org/2012/11/07/r-i-p-marijuana-prohibition/

Yesterday’s elections have forever changed the playing field regarding cannabis prohibition laws in America (and probably in large parts of the world too).

The citizens of Colorado, Washington and Massachusetts delivered game changing victories last night for the nearly fifty year-old cannabis law reform Movement. Massachusetts becomes the eighteenth state to pass legal protections for qualified medical patients who’ve cannabis recommended to them by a physician. Colorado and Washington become the first places in the world, ever, where citizens have cast votes to reject cannabis prohibition, and replace the failed public policy with alternatives like tax-n-regulate models (similar to the control and taxation models widely accepted for alcohol and tobacco product use by adults)....

Will there continue to be fits and starts, federal government incursion into state sovereignty and obstinate politicians? Surely.  However, the die for major cannabis law reforms is now cast.

 

 

Voters In Colorado and Washington Make History: Vote To Repeal Cannabis Prohibition by Paul Armentano, NORML Deputy Director, November 7, 2012
http://blog.norml.org/2012/11/07/voters-in-colorado-and-washington-make-history-vote-to-repeal-cannabis-prohibition/

Voters in Colorado and Washington on Election Day in favor of ballot measures that remove criminal and civil penalties for the adult possession of cannabis. The votes mark the first time ever that voters have decided at the ballot box to abolish cannabis prohibition.

In Colorado, 54 percent of voters decided in favor of Amendment 64, which allows for the legal possession of up to one ounce of marijuana and/or the cultivation of up to six cannabis plants by those persons age 21 and over. Longer-term, the measure seeks to establish regulations governing the commercial production and distribution of marijuana by licensed retailers. Initial returns show the measure passing with 54 percent support.

In Washington, approximately 55 percent of voters decided in favor of I-502, which regulates the production and sale of limited amounts of marijuana for adults. The measure also removes criminal penalties specific to the adult possession of up to one ounce of cannabis for personal use. Initial returns indicate that 55 percent of voters backed the measure....
 


Liberals Score Social Victories, May Signal Major Shift, by Elizabeth Weise, Dennis Cauchon and William M. Welch, USA Today,  Nov 7, 2012
http://www.usatoday.com/story/news/politics/2012/11/07/same-sex-marriage-marijuana-make-progress/1690535/

The decision by voters in Colorado and Washington to legalize the recreational use of marijuana — taking consumption of the drug well beyond its use for medicinal purposes that is legal in 18 states and the District of Columbia — overturned decades of marijuana prohibitions.

The Justice Department, which still regards marijuana as an illegal drug in the same class as heroin and LSD, has declined to say how it would respond if the measures were approved.

Voters' decision to legalize marijuana could cause wide-reaching implications for employers unsure what it means for their hiring and firing practices. "There are no answers, only questions," said Carl Maxey of Maxey Truck & Trailer Equipment in Fort Collins, Colo., which drug-tests prospective employees and any worker involved in a workplace accident. "It is a very awkward position to put employers in right now."

The Colorado law does not require employers to permit the use of marijuana in the workplace, but it's unclear whether an employer can restrict the use by an employee in non-work hours. "It's virtually impossible to prove ... unless they see someone lighting a doobie at work," said Mountain States Employers Council staff attorney Curtis Graves.

It's possible for a state to legalize something the federal government deems illegal, said Jonathan Caulkins, a specialist in drug policy at Carnegie Mellon Heinz College in Pittsburgh. New York legalized alcohol in 1923 during Prohibition.

American attitudes about marijuana use have been steadily changing. In 2011 a record 50% of Americans told Gallup pollsters that use of marijuana should be made legal, up from 46% in 2010.

There's also a growing realization that the war on drugs launched by President Richard Nixon in 1971 has been "a destructive failure," said Neill Franklin, executive director of Law Enforcement Against Prohibition, a national group based in Baltimore that was involved in both the Colorado and Washington campaigns.

He likens the shift to America's alcohol prohibition in the 1920s. "It was the states that began to push back, one-by-one, until the feds finally got the message."

 

 

Two U.S. States Become First to Legalize Marijuana
By Maia Szalavitz, Time Magazine, Nov. 07, 2012

http://healthland.time.com/2012/11/07/two-u-s-states-become-first-to-legalize-marijuana/
For the first time, two American states have legalized the recreational use and sale of marijuana....

 

 

Don’t Touch Their Stash!  Why Eric Holder should let Colorado and Washington experiment with drugs. By Emily Bazelon, Slate,  Nov. 7, 2012
http://www.slate.com/articles/news_and_politics/jurisprudence/2012/11/colorado_and_washington
_legalize_marijuana_will_the_obama_administration.html

Consider two pieces of evidence that Holder may be shifting ground. The first is a report in GQ last summer claiming that President Obama wants to “pivot” on the war against drugs in his second term. “From his days as a state senator in Illinois, Obama has considered the Drug War to be a failure,” Marc Ambinder wrote. This has widely been read as a sign that the Justice Department will ease up on marijuana enforcement, even though that’s not what happened this fall in California. I’m not sure I see it, but I’m more intrigued by Holder’s decision not to make a stern statement before Tuesday’s election like the one he made in 2010, even when he came under public pressure from former Drug Enforcement Agency administrators and directors of the Office of National Drug Control Policy. These officials pointed to the upcoming initiatives in Colorado and Washington and called legalizing marijuana a threat to public health and safety and a “danger that touches every one of us.” One former drug czar called it “shocking” that Holder hadn’t spoken up.

But he didn’t, and meanwhile, legalizing pot in some form or fashion picked up an interesting array of supporters, from the Republican Senate candidate in Washington who called it a "thoughtful way forward” to evangelical leader Pat Robertson, conservative campaign spender David Koch, and Democratic Newark, N.J., Mayor Cory Booker. They’re all featured on the website of the group Marijuana Majority, and as the Atlantic’s Conor Friedersdorf pointed out last month, their public statements are proof that it’s time to stop laughing at the marijuana reform movement. We’ve all heard the jokes or made them ourselves, but there’s a serious cost-benefit analysis question here about whether the price of criminalizing the sale and use of pot is worth the cost in money and prison sentences.

 

Column: States Right To Legalize Marijuana. Washington State And Colorado Will Lead The Way Towards Sensible Drug Laws, by Ethan Nadelmann, USA Today, Nov 7, 2012
http://www.usatoday.com/story/opinion/2012/11/07/marijuana-legalize-washington-colorado/1688121/

It would be a mistake to describe these victories as "pro-pot." Millions of Americans who have no particular affinity for marijuana have decided that it makes no sense to keep spending billions of dollars trying to enforce an unenforceable prohibition when state and local governments could be taking in comparable amounts by taxing and regulating marijuana. They know that legalizing marijuana will deprive criminal organizations in Mexico and this country of profits and power, and enable police and prosecutors to focus resources on serious crimes. They are convinced that arresting 750,000 people each year for possessing a small amount of marijuana is costly, cruel and unjust. And they rightfully believe that young people will fare better with responsible regulations rather than ineffective prohibitions.

 

Lady Gaga, Seth Rogen, the Knux hail marijuana legalization in Colorado, By John Wenzel,  November 7th, 2012
http://www.heyreverb.com/blog/2012/11/07/lady-gaga-seth-rogen-hail-marijuana-legalization-in-colorado-news/57163/

Colorado’s historic Amendment 64 vote yesterday legalizing the recreational use and sale of marijuana has already garnered a few high-profile nods from celebrities, including Lady Gaga and actor/writer Seth Rogen.

“I’m moving to Colorado,” Rogen tweeted last night, which should come as no surprise to anyone who’s seen his stoner characters in “Pineapple Express” and others films. (What we’ll be surprised about is if he actually does move to Colorado). The tweet garnered a dozen comments and more than 3,500 retweets.

 

FINALLY, BAD PREDICTIONS FROM PRO-DRUG WAR ADVOCATES WHO DESERVE TO HAVE THEIR QUOTES REMEMBERED....

Marijuana legalization victories could be short-lived, Alex Dobuzinskis, Reuters, Nov 7, 2012
http://articles.chicagotribune.com/2012-11-07/news/sns-rt-us-usa-marijuana-votesbre8a705e-20121107_1_kevin-sabet-legalization-tax-marijuana

(Reuters) - Votes making Colorado and Washington the first U.S. states to legalize marijuana for recreational use could be short-lived victories for pot backers because the federal government will fight them, two former U.S. drug control officials said on Wednesday.

They said the federal government could sue to block parts of the measures or send threatening letters to marijuana shops, followed up by street-level clampdowns similar to those targeting medical marijuana dispensaries the government suspects are fronts for drug traffickers.

"This is a symbolic victory for (legalization) advocates, but it will be short-lived," Kevin Sabet, a former adviser to the Obama administration's drug czar, told reporters. "They are facing an uphill battle with implementing this, in the face of ... presidential opposition and in the face of federal enforcement opposition," Sabet said.

 


AND HUMOR AND SERIOUSNESS MIXED, WITH VIDEO:

Post-Democalyptic World - Potted Up, Jon Stewart and Al Madrigal, The Daily Show, Nov 8, 2012 (video)
http://www.thedailyshow.com/watch/thu-november-8-2012/post-democalyptic-world---potted-up

"The legalization of marijuana is a serious issue, and it has major ramifications for America's failed war on drugs.... An ounce is enough to send you to jail for up to five years in Florida... Even though half of American teenagers smoke pot, only certain ones get arrested and have their lives ruined. Disproportionately it hurts people of color. Have you read the incarcertation stats for simple possession for people of color? Look, we spend eight billion tax dollars a year locking people up for just marijuana."

 

Post-Democalyptic World - Marijuana Legalization.  The media gets the giggles after Colorado voters legalize recreational marijuana use. Nov 8, 2012
http://www.thedailyshow.com/watch/thu-november-8-2012/post-democalyptic-world---marijuana-legalization
[video  -- pure silliness.]

 

____________________________________________________________________________

 

BEFORE NOV 6, 2012....

 

 

Future Shock: What Happens If Colorado Legalizes Pot? By Scot Kersgaard. Colorado Independent. September 20, 2012
http://coloradoindependent.com/124845/future-shock-what-happens-if-colorado-legalizes-pot

     If Amendment 64 passes, it will become almost immediately legal under Colorado law for adults to possess, grow, consume and give away (to another adult) up to an ounce of marijuana. It may take more than a year, however, before adults can purchase marijuana legally in a store....

     If the measure passes, the parts of the amendment related to individual behavior go into effect as soon as the governor signs a proclamation certifying the results of the election, which he is required to do within 30 days. Sections related to the commercial cultivation and sale of marijuana would take effect incrementally but marijuana would be available for sale legally no sooner than late 2013 or early 2014.
 


Marijuana in Colorado: From the black market to the corner store:  Legalization and the legal system By Scot Kersgaard.  Colorado Independent. Sept 25, 2012
http://coloradoindependent.com/125033/marijuana-in-colorado-from-the-black-market-to-the-corner-store  

Possession of up to two ounces of marijuana in Colorado is now a Class Two petty offense, punishable by a fine of up to $100 and up to 15 days in jail. If 64 passes, the first ounce would be legal, but possession of one to two ounces would remain a petty offense. If 64 passes, growing up to six plants for personal use would become legal. Currently growing even one plant is a class one misdemeanor, which comes with a fine of up to $5000 and a jail sentence of up to 18 months.

A spokesperson for the DEA told the Colorado Independent that in spite of the law, the agency does not currently take much interest in people growing a few plants for personal use and that the agency will continue to focus primarily on large scale trafficking regardless of whether 64 passes.

Laws against the possession of large amounts and against selling or intending to sell will remain unchanged except that a business could get a license to cultivate large amounts and/or to sell marijuana legally through a retail operation that is taxed and regulated.

 

 

Study Looks At Washington's Pot Possession Arrests, by Gene Johnson, Associated Press, October 14, 2012
http://www.sfgate.com/news/article/Study-looks-at-Washington-s-pot-possession-arrests-3939553.php

SEATTLE (AP) — A new study by an advocacy group looks at how many people have been arrested for marijuana possession in Washington state over the past 25 years, and it's a big number: 240,000.

The Marijuana Arrest Research Project released a report Thursday detailing the arrest figures, based on data from the FBI. It comes as voters consider Initiative 502, which would legalize and tax pot sales at state-sanctioned stores for those over 21 under state law. One of the study's authors is Harry Levine, a sociologist at Queens College in New York.

"The scale of the marijuana arrest operation in the U.S. is really substantial," Levine said. Those arrested are "overwhelmingly young people," he added. "And the most serious complication of these arrests is not the night in jail but the criminal record that results," which can create problems ranging from renting an apartment to landing a job.

The report said 79 percent of those arrested were 34 or younger, and most of those arrested were white, although minorities were arrested at a higher rate than whites based on their population.

From 2001 to 2010, blacks, Latinos and Native Americans made up one-quarter of the arrests but just 14 percent of the population.
 

 

Pot Arrests Cost State $300 Million In Past 25 Years: A new study found that 241,000 people in Washington were arrested for misdemeanor marijuana possession since 1986, costing $306 million in law-enforcement costs. By Jonathan Martin. Seattle Times. Oct 11, 2012
http://seattletimes.com/html/localnews/2019409130_marijuana12.html

A new crime-data analysis has found that 241,000 people in Washington were arrested for misdemeanor marijuana possession over the last quarter-century, adding fuel to a campaign seeking to make this state the first to legalize recreational marijuana sales.

The analysis estimates those arrests translated to nearly $306 million in police and court costs — $194 million of it the past decade.

African Americans were arrested twice as often as whites for possession in Washington in the past 25 years, even though whites use marijuana more.

Those findings dovetail with arguments for Initiative 502, the state ballot measure that would decriminalize minor marijuana possession and heavily tax sales at state-licensed stores....

Their analysis mirrors earlier research on racially biased enforcement of marijuana laws in this state, but this report goes deeper. Relying on crime data compiled by the FBI, they found arrests for marijuana possession spiked 178 percent from 1986 to 2010, while the state population grew by 50 percent.

Usage is highest among younger people, and so were arrests: 58 percent of those arrested in the past decade were 24 or younger.

"There are cities and counties around the state and the country who generate (federal) revenue through drug-arrest statistics," said former Seattle police Chief Norm Stamper, a supporter of Initiative 502. "Often time, instead of targeting bigger time traffickers, local law enforcement will target low-hanging fruit," such as minor marijuana cases.

The report's findings about arrest rates for whites and minorities were stark: Although whites report, nationwide, using marijuana at the highest rates, African Americans in Washington were arrested 2.9 times more often than whites in the past decade.
 

 

Respected Federal Judge Calls for Legalizing Marijuana, by Larry Bodine. Lawyers.com, Sept 7, 2012
http://blogs.lawyers.com/2012/09/respected-federal-judge-calls-for-legalizing-marijuana/

Richard A. Posner, a widely respected federal judge, called for the elimination of criminal laws against marijuana in a September 6 lecture at Elmhurst College in Illinois.

Judge Posner, a member of the influential United States Court of Appeals for the Seventh Circuit in Chicago, is an intellectual giant who is the most-cited judge in America. His call for legalization is significant because Posner is considered a legal conservative.

“I don’t think we should have a fraction of the drug laws that we have. I think it’s really absurd to be criminalizing possession or use or distribution of marijuana,” he said. “I can’t see any difference between that and cigarettes.” The audience gave him a round of applause....

“But also I’m skeptical about the other drug laws,” Judge Posner added. “The notion of using the criminal law as the primary means of dealing with a problem of addiction, of misuse, of ingesting dangerous drugs — I don’t think that’s sensible at all.”

He said drug laws are “responsible for a high percentage of our prisoners. And these punishments are often very, very severe. It’s all very expensive.” Judge Posner has pointed out that legalizing marijuana and other drugs would save federal, state and local governments $41.3 billion per year.

He said drug laws are, “a waste of a lot of high quality legal minds, and it’s also a waste of people’s lives who could be as least moderately productive with having to spend year after year in prison. That is a serious problem.”
 

 

NAACP Endorses Colorado’s Marijuana Legalization Initiative, by Will C. Holden, Fox31 Denver, August 23, 2012
http://kdvr.com/2012/08/23/naacp-endorses-colorados-marijuana-legalization-initiative/

DENVER — Having already gained the support of one of the most conservative voices in the country, an initiative pushing Colorado lawmakers to legalize marijuana and regulate it like alcohol is currently regulated gained the support of one the country’s most liberal groups Thursday.

Saying that current marijuana regulation “results in a disproportionate number of African-Americans and other people of color being introduced into the criminal justice system,” Rosemary Harris-Lytle, president of the NAACP’s Colorado-Montana-Wyoming State Conference pledged the group’s support for Amendment 64.

“Marijuana prohibition policy does more harm to our communities than good,” Harris-Lytle said. ”Amendment 64 presents a more effective and socially responsible approach to how Colorado addresses the adult use of marijuana.”

At least one conservative leader agrees. Noted Virginia T.V.evangelist Pat Robertson told the New York Times that he believes local governments waste money arresting, prosecuting and imprisoning individuals for marijuana-related offenses.

There has also been a billboard raised near the typically-conservative city of Grand Junction stating “Pat Robertson would vote YES on 64. Will you?”  “If people can go into a liquor store and buy a bottle of alcohol and drink it at home legally, then why do we say that the use of this other substance is somehow criminal?” Robertson told the New York Times earlier this year.

The NAACP appears more interested in what it calls discriminatory practices they say drug enforcement officials display toward minorities under current marijuana legislation.
According to the NAACP, African-Americans made up about 4 percent of the population in Colorado in 2010, but accounted for 9 percent of marijuana possession arrests and 22 percent of arrests for marijuana sales and cultivation.
 

 

NAACP Regional Chapters Endorse CO, OR, WA Marijuana Initiatives. by Phillip Smith, StopTheDrugWar.org. August 24, 2012
http://stopthedrugwar.org/chronicle/2012/aug/24/naacp_regional_chapters_endorse

       All three marijuana legalization initiatives on state ballots this year have won the endorsement of National Association for the Advancement of Colored People (NAACP) regional organizations this week. Last Wednesday, the Colorado, Montana, and Wyoming conference of the NAACP endorsed the Colorado initiative, and last Friday, the Alaska, Washington, and Oregon conference of the NAACP endorsed the Washington initiative.