Legalization’s Opponents
Critics of Prop. 19 range from skeptical to rabid — and some of them come from inside the movement
(Oct. 7, 2010) In 1911, after years of scandal and high-profile corruption trials, California voters overwhelmingly approved one of the most rigorous ballot initiative laws in the country. The idea was to allow voters to bypass state lawmakers when they were too timid, cowed, or corrupt to act on the voters’ behalf. Almost a century later, the process is still relatively simple and accessible. Any group or individual can write an initiative and submit it with a $200 fee to the state attorney general’s office. After the initiative’s fiscal cost was analyzed, the signature gathering began. If the authors didn’t have access to a large group of well-organized volunteers, signature gatherers could be easily hired at a price. For about $1 million, a professional company would send paid staffers to shopping malls, commercial districts, and public transportation hubs to collect roughly 440,000 signatures of registered voters required to qualify the initiative for the California ballot. And if the initiative won 50 percent of the vote on Election Day, it became law.
That form of direct democracy has given California voters a powerful tool to shape their state and influence others. For example, Californians ignited a nationwide movement toward property tax relief with the passage of Proposition 13 in 1978. Citizens have bypassed the state legislature to make laws on tobacco tax, term limits, casinos, wildlife protection, gay marriage and, of course, medical marijuana.
Oaksterdam University founder and dispensary owner Richard Lee took the lead on legalization in 2009. He coauthored the legislation and put up more than $800,000 of his own money to collect the qualifying signatures. Lee’s initiative was aimed at swing voters — those who supported medical cannabis, for example, but might not want a dispensary in their neighborhood. If approved in November, the Regulate, Control, and Tax Cannabis Act of 2010 — Proposition 19 — would allow anyone 21 or older to possess or transport up to an ounce of cannabis. It would allow the taxation of the cultivation and retail sales of cannabis. Any store that so chose could sell up to an ounce, and it would be legal to cultivate as much cannabis as you could grow in a 25-foot-square area.
The initiative would create new laws regarding marijuana use. It would be illegal to smoke marijuana in public or in the presence of a minor. Cities and counties could ban the sale of cannabis, though not its possession. And existing prohibitions against the operation of vehicles, boats, and aircraft while under the influence of marijuana would remain in place. The new law would not replace Proposition 215. Patients could still possess or cultivate marijuana according to local limits. In Oakland, for example, a patient could grow 72 plants indoors, but non-patients would be restricted to what they could fit in a five-by-five area, or roughly 24 plants.
With the public’s growing acceptance of cannabis, Lee decided 2010 was as good an election year as any when he decided to back the first state legalization effort in California since the 1970s.
“We see a lot of things making it right for this time,” Lee said. “The budget crisis here in California, the violence in Mexico, the economy continuing to decline, the polls — all suggest that this may be the time to do it.” He may be right. Masterson & Wright, the company that Lee hired to collect signatures, racked up more than 700,000 — 39 percent more than the required minimum. Proponents set a goal of raising $10 million for the campaign, about five times more than opponents were expecting to spend.
In another sign that the cannabis industry was taking a corporate mentality, Lee hired campaign consultant Chris Lehane as a strategist. Lehane had worked for mainstream Democrats like Bill Clinton, John Kerry, and Gray Davis. But prominent dispensary owners, cannabis attorneys and nonprofit advocacy groups were reluctant to endorse the initiative. They criticized the way it was written, and some pressured Lee to hold off until 2012, when more voters, especially younger ones, would turn out to vote for president. Ultimately, however, the industry rallied around the initiative. The three major nonprofits that advocate for legalization of cannabis were the first to come around. They were primarily concerned about the timing, but once the petitions were certified they threw in their full support.
The California initiative shifted attention away from lobbying efforts in Washington. The Marijuana Policy Project (MPP), based in Washington, D.C., focuses its lobbying efforts in the beltway, and its political action committee has contributed to numerous federal elections. But Aaron Houston, MPP’s chief lobbyist, said the energy for legalization is occurring at the state level. “We are becoming more decentralized,” he said. “The sheer volume of supporters dictates a top-down strategy would not work at this point. Decentralization is a critical component to tactical success. “Drug Policy Alliance executive director Ethan Nadelmann was also a staunch supporter of the California initiative. “Now it’s time again for California to lead the way in ending the follies of marijuana prohibition in favor of a responsible policy of tax and regulation,” he said.
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44th Annual Kinetic Grand Championship Race
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Lanphere Dunes Restoration
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11 Comments
Comment / By Mark / Oct. 7, 11:13 a.m.
I can understand why medical distributors are against prop 19 -because they can charge whatever they want right now, and do. When the Feds can grow weed, with the utmost in security, and pharmacologic/quality testing, and produce it for less than $5 per gram, when so many “nonprofits” are selling it for $20, you have to wonder where exactly the “not profit” goes to.
If legalization would make marijuana accessible to sick people at a cheaper price, than I’m all for prop 19. I’m tired of “nonprofits” ripping off sick people.
Comment / By Kevin / Oct. 8, 3:02 a.m.
Wow.. that was a long article! It was well written though.
We once had over the counter Cannabis and it was available in every drug store in the land in various forms. We are simply restoring what was taken from us. Bring back Over The Counter Cannabis.
Comment / By Leonard Krivitsky, MD / Oct. 8, 6:24 a.m.
Cannabis is less physically addictive than caffeine, while the so-called “gateway drug” theory is a complete fantasy, and it was just recently called “half-baked” as a result of a scientific study. CNN reported that Cocaine use has dropped sharply, by 30% since 2002, which is really good news. I worked in addiction medicine for years, and this is what I can advice on the matter: Any suppression of Cannabis use will be immediately followed by an increase in alcohol/hard drug/prescription drug abuse! You don’t believe me? Then maybe you will believe the Big Alcohol lobby that is financing the Cannabis Legalization opponents for exactly this reason. Right now Cannabis is just simply perceived as a much safer alternative to alcohol/hard drugs, which is precisely how it should be perceived. To have a society in which there is NO psychoactive substance use is an illusion, and it will be good for our government to realize this. So then, it becomes a matter of “safer choices”, just like with the sex education. And Cannabis is, without a shadow of a doubt, a much safer choice than alcohol or hard drugs! Just very recently a research study in addiction medicine has determined that Cannabis may actually serve as an “exit” substance for recovering alcoholics/hard drug addicts! And there is another extremely important property of Cannabis that the prohibitionists would love to keep secret: Cannabis use suppresses violent urges and behaviors and, as one prestigious textbook says, “Only the unsophisticated think otherwise” Then, of course, there is a potential of Cannabis in chronic pain, where other drugs may be ineffective (or physically addictive), with very important potential consequences for our wounded veterans, many of whom have chronic pain. It is also worth noting that Cannabis may have certain preventative value for such devastating conditions as cancer and Alzheimer’s disease. And all this comes with no danger of overdoses or induction of a physical dependence! Let’s be very happy that the cocaine abuse rate is dropping. Let’s not interfere with these dynamics, and then we can possibly achieve what has already been achieved in the Netherlands where the drug overdose rate is 85%(!!) lower than in the US, and that is with much more liberal Cannabis possession laws than in this country! Maybe it is time to give up “dogma” about Cannabis, and to start listening to the experts, if we really want to lower the alcohol/hard drug use in this country, and the accompanying dependencies and overdoses!
Comment / By Mary / Oct. 9, 10:12 a.m.
I am very disappointed with this article! When are we going to have a thoughtful discussion regarding the local fiscal impact of Prop 19? A great number of local folks and businesses rely on the underground cannabis industry. What happens if it is day-lighted? How many of the family ops will be pushed out? To what extent will our local economy be impacted? Show me the numbers!
Comment / By Ryan Burns / Oct. 9, 5:28 p.m.
The discussion is well underway, Mary, but it’s almost exclusively speculative thus far. Remember: This is a black (or at most gray) market. Still, you can find some good information here, here and here.
Comment / By No $$$ / Oct. 9, 6:34 p.m.
Dennis Peron is a wise, intelligent man. His thoughts on the issue aren’t getting the attention they deserve. They’re a little too thought provoking for a money market to just ignore…so they just ignore him altogether. He reminds us to keep looking at a much longer timeline…past and future.
Comment / By exqueeze me butt / Oct. 11, 8:57 a.m.
Mary, you say daylighting the issue will kill the way of life, but you’re asking people to come forth into the daylight. Numbers and formulas are easy and infinite…so mostly conjecture.
Humboldt COunty: population about 130,000. If everybody smoked a half gram a day that’d be about 150 lbs. daily(an ounce in two months…if that seems like a lot to you, trust me there are people bringing up the average in bulk) and they get their bud on the street but @ the humbo disco, you’re looking at about a $100million annually. So you know humboldt is taking in at least twice that(yaya, I said at least), because it’s producing more than the locals could smoke. I don’t see the importance of that number though. If you don’t get out a lot, rest assured knowing this area is about as tight in community as it gets nowadays for covering such an area. Whatever our source of income, we’ve got to stick together, keep it small and keep it right. Focus on the common interests of everybody…our environemnt (HUGE matter of every local businesses importance) and smalltimeness, to spread the wealth among everybody who’s here right now.
Comment / By InformedPerson / Oct. 11, 10:53 a.m.
The suggestion that “daylighting” will someone make all of the money earned by locals in the marijuana business disappear is ridiculous and ignores the massive opportunity that arises in its place.
There are two difficult things about doing business in Humboldt growing mj: Producing your crop in a hidden fashion and avoiding theft, by police or others, and then selling that product by relying on people who are willing to take larger risks with quantities, transportation and significant amounts of cash without the protection of the justice system.
Legalization changes both of these. Growers will be able to produce more reliably, in more secure and open facilities. Concurrently the threat of seizure by police disappears and the threat of theft declines greatly as the incentive to do so (money, lack of availability) is greatly reduced.
In terms of sale, this is huge. If a Humboldt County family produces 10lb of high-grade buds they can now market that product to a very high number of legitimate outlets in the same way that any other producer of any product in the state currently does and can.
In terms of the local economy, there are also enormous unseen benefits by those who lack vision. The effect of “daylighting” a strong local culture and economy will put it out in the open. Suddenly you will be able to open a business in Old Town using mj proceeds and catering to mj users, tourists and enthusiasts. This is just one example.
Deeper opportunities arise in the supply chain. There will be a large increase in the number of people growing their own as a result of Prop 19’s passage and they will need supplies and expertise.
Finally, if the product produced is actually superior, which most people around here realize it is, there should be no difficulty competing in the marketplace with all of the mediocre product that is currently available. This is extremely unlikely to change.
From my point of view the most immediate benefit will be the departure of the leaches who come to Humboldt to play gangster and exploit the business here. These people will no longer have to come here, no longer be able to pretend what they are doing carries the glory of being underground and most importantly their lack of business skills will ensure they can no longer compete, now that the obstacles have been removed for those who are far more capable.
Comment / By Hoz / Oct. 13, 11:11 a.m.
To grow and supply marijuana when it is prohibited is righteous, to oppose removing the prohibition to preserve profit is criminal.
Pass Prop 19 !
Comment / By Duane For Senate / Oct. 14, 7:34 p.m.
Neither Boxer, nor Fiorina support Prop 19. Vote for Duane Roberts, he supports hemp.
duaneforsenate.wordpress.com
Comment / By gotta wonder though / Oct. 15, 5:55 p.m.
Let’s start calling prop. 19 what it is: Richard Lee’s business license. I still can’t find an answer to the question of whether or not incarcerated people will be released, and if incarcerations for violations (violating the new regulations) will increase. Incarceration matters, because it’s the worst of punishments. Also, “minors”…mature adults under 21 years old…will their standard harassment increase to include another penalty, adding insult to injury? Another prop. has just decriminalized an amount that currently applies to “minors” equally. Wouldn’t this trump that? And what about parents and legitimate community members who associate with minors and enjoy…er…use…er…smoke weed…it appears they will face greater scrutiny. Hurray legalization…but this seems like important stuff that’s I hear being asked outside all the publicity for it.