Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, November 6, 2014

"What’s next for the marijuana movement" ... is lots of action in the West and Northeast

The title of this post is drawn from the headline and substance of this new Washington Post piece. Here are excerpts:

“The stage is now set for 2016, when measures to regulate marijuana like alcohol are expected to appear on ballots in at least five states,” said Mason Tvert, communications director for the Marijuana Policy Project, which was instrumental in passing legalization in Colorado and bankrolled the successful campaign in Alaska. The group contributed about 84 percent of the nearly $900,000 raised by the Campaign to Regulate Marijuana Like Alcohol in Alaska, which successfully lobbied for passage of the ballot measure in Alaska.

The five states where MPP has established committees to push similar ballot measures in 2016 are Arizona, California, Maine, Massachusetts, and Nevada.  An independent Democratic activist in Mississippi is also pursuing a ballot measure there.  The measures there will likely mimic the Colorado model, as the measures in Oregon and Alaska did.  (The measure passed by voters in Washington in 2012 is typically viewed by advocates as more restrictive than Colorado’s.)

But the group also plans to work to help shepherd legalization through a state legislature for the first time, with a particular focus on Rhode Island, Vermont, New Hampshire, Delaware, Hawaii, and Maryland. New Hampshire’s state House in January became the first legislative body in the country to approve legalization, though the effort ultimately reached a dead end. That state, Rhode Island and Vermont may see action soonest among that group.

The upcoming push to legalize in those nearly dozen states will no doubt draw heavily on lessons learned during the successful campaigns so far, which fall roughly into two categories, Tvert said. Advocates in Alaska and Colorado felt they needed to focus on disarming fears about the harm of marijuana early by drawing the comparison to alcohol, while Oregon and Washington played it safer by arguing that legalization is safer than prohibition....

In Oregon, the campaign tended to focus on the ills of prohibition, offering legalization as a safer alternative. What worked? Peter Zuckerman, communications director of the successful Yes on 91 campaign, said legalization advocates were smart to avoid marijuana leaf imagery, wear suits when appearing on TV, and pursue endorsements from unusual or unexpected individuals and groups. His group aired ads featuring Washington’s King County Sheriff John Urquhart, local mothers, and a former top state official in charge of mental health and addiction services. Support from the Oregon League of Conservation Voters and the social media-savvy group of moms backing the measure helped, too, he said. The campaign might have seen more success by starting earlier and encouraging supporters to quote news sources in voter pamphlet statements, he added.

There are lessons to learn from failure, too. While all the legalization measures were approved on Election Day, a measure to allow medical marijuana in Florida failed to gain the 60 percent share of the vote necessary for passage, though it did earn majority support. The campaign there could have promoted the patients who would have benefitted more and been less reactive, said Tom Angell, chairman of Marijuana Majority.

“They spent a lot of time trying to undercut the opposition’s arguments about the so-called loopholes in Amendment 2 and from what I saw they really didn’t do enough of a job of telling the story of the patients who are going to be helped by this,” Angell said.

http://lawprofessors.typepad.com/marijuana_law/2014/11/whats-next-for-the-marijuana-movement-is-lots-of-action-in-the-west-and-northeast.html

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