Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, January 8, 2015

Rolling Stone details how marijuana reform is "leading a dramatic de-escalation in the War on Drugs"

DownloadThis astute, lengthy Rolling Stone article, headlined "The War on Drugs Is Burning Out," give special and justified attention to how modern marijuana reform is changing dramatically the modern drug was landscape. The full piece is a must-read, and here are excerpts:

The conservative wave of 2014 featured an unlikely, progressive undercurrent: In two states, plus the nation's capital, Americans voted convincingly to pull the plug on marijuana prohibition. Even more striking were the results in California, where voters overwhelmingly passed one of the broadest sentencing reforms in the nation, de-felonizing possession of hard drugs. One week later, New York Mayor Bill de Blasio and the NYPD announced an end to arrests for marijuana possession. It's all part of the most significant story in American drug policy since the passage of the 21st Amendment legalized alcohol in 1933: The people of this country are leading a dramatic de-escalation in the War on Drugs.

November's election results have teed up pot prohibition as a potent campaign issue for 2016. Notwithstanding the House GOP's contested effort to preserve pot prohibition in D.C., the flowering of the marijuana-legalization movement is creating space for a more rational and humane approach to adjudicating users of harder drugs, both on the state level and federally. "The door is open to reconsidering all of our drug laws," says Alison Holcomb, who led the pot-legalization push in Washington state in 2012, and has been tapped to direct the ACLU's new campaign against mass incarceration.

On the federal stage, the Justice Department continues to provide what Ethan Nadelmann, director of the Drug Policy Alliance, calls "a discreet form of leadership" on state experiments in drug reform – giving tax-and-regulate marijuana laws broad latitude, and even declaring that Native American tribal governments can also experiment with marijuana law, opening a path for recreational pot on reservations in, potentially, dozens of states. Congress, in the same legislation that sought to derail D.C. legalization, carved out historic protections from federal prosecution for state-legal medical-marijuana operations....

Top drug reformers had been wary about putting marijuana initiatives on midterm election ballots – worried that younger, pot-friendly voters might stay home, dealing the anti-Drug War movement a costly setback. "The midterm electorate in 2014 represented a wave of anti-progressive, pro-conservative voters," says the ACLU's Holcomb. Voters under 30 comprised just 12 percent of the national electorate, while voters over 60 – seniors are the one demographic that strongly opposes legalization – made up a whopping 37 percent. Nonetheless, each legalization measure passed, easily. In red-state Alaska, 53 percent endorsed legal pot. In Oregon, the tally was 56 percent – 35,000 more votes than any statewide elected official received. In Washington, D.C., legalization romped with 65 percent of the vote, carrying 142 out of the city's 143 precincts....

The issue of pot could prove more complicated on the presidential stage in 2016, where the big question, says Holcomb, is: "Will Democrats grab the issue as strongly as Rand Paul?"

Among likely 2016 contenders, of either party, the Kentucky senator is the most progressive on marijuana. He's sponsored legislation to make medical marijuana fully legal in states that have adopted it. In the last election, Paul championed the right of D.C. voters to decide on legalization for themselves. Paul has also been a vocal advocate for decriminalization, decrying the practice of booking kids for cannabis. "I don't want to encourage people to do it," he has said. "I think even marijuana is a bad thing to do. But I also don't want to put people in jail who make a mistake."

If Paul were to face off in a contest with Hillary Clinton, pot could emerge as an unlikely wedge issue for the Republican – particularly in libertarian-leaning swing states like Arizona and Nevada, where legalization initiatives are expected. That's because Clinton has continued to talk like a 1990s drug warrior, recently fretting over the dangers of marijuana edibles to children in Colorado, and even declaring that "the feds should be attuned to the way that marijuana is still used as a gateway drug."...

Regardless of the final presidential matchup, pot initiatives in battleground states will make it impossible for the 2016 candidates to ignore, or to simply laugh off, the marijuana issue as they've done so often in the past, says Tom Angell, chairman of the advocacy group Marijuana Majority. "The road to the White House," he says, "travels through legal-marijuana territory."

https://lawprofessors.typepad.com/marijuana_law/2015/01/rolling-stone-details-how-marijuana-reform-is-leading-a-dramatic-de-escalation-in-the-war-on-drugs.html

Criminal justice developments and reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Political perspective on reforms, Recreational Marijuana Commentary and Debate | Permalink

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