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One of the proposals to legalize pot in Colorado is "the single most bizarre and misguided marijuana initiative I have ever seen," says NORML founder Keith Stroup. Amendment 40 would prevent the state from sentencing or fining those arrested for marijuana possession.
"The language of the initiative would leave the possession of marijuana as a criminal offense," sniffs Stroup. "An individual caught with marijuana would still be arrested and get a criminal conviction, and would suffer all of the collateral consequences that come with a criminal conviction. The only thing this initiative would accomplish, if it were to be enacted, is that the individual would be spared a fine or jail time. Since few defendants in Colorado actually go to jail for a small amount of marijuana under current Colorado law, unless they have several prior drug offenses, all this would really do for the vast majority of defendants is eliminate the fine! It is a truly stupid proposal drafted by someone who clearly did not understand the colossal impact a criminal arrest and conviction generally have on an individual's life, and it is not worth supporting."
The bill's author, Michelle LaMay, founder of Cannabis University in Denver, replies:
"If, when writing the initiative, I would have strayed from a judicial directive to the courts, judges, etc., they having the power to fine and sentence, then many laws on the books would have to be changed. This adds too much complexity, as witnessed lately by the other initiative (eight pages long, 30 lawyers, mucho cash) and is not friendly to the Colorado initiative process, which demands clarity and simplicity. This is new law, like mandatory sentencing, directing the courts, which is very rare. But if the legislature can come up with 'three strikes, you're out' (you're 'in' for a long time!), we, the Colorado people can subvert laws that are so casually overturned and manipulated later by politicians and lobbyists like our gutted Article XVIII for Patients and Caregivers voted on by the people in 2000. I also had to draw up a law that was completely different from the other: "Further, a ballot title for a proposal cannot conflict with any other title set for the same election." The Regulate Marijuana Act has been set already to guard against others who oppose it. I have lost hope for legalization. Change comes from the bottom up. I know this to be true and it is to my advantage. I have a long list of acquaintances and support is pouring in. Why did I do it? Because one Colorado citizen can!"
Check out the dueling proposals: • Amendment 40: Relief for the Possession of Cannabis Act • The Regulate Marijuana Like Alcohol Act of 2012
Also see: What Your Government Thinks of Marijuana Ending Marijuana Prohibition Act of 2011 Colorado Closes Cannabis College More CelebStoner News
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It doesn't matter a bit what I think of alcohol vs. marijuana or what you think of alcohol vs. marijuana, but what 50%+1 voters think of marijuana, period.
You and I both know marijuana is far safer than alcohol. If you and I were crafting a regulation with the wave of a magic wand and we were to make that regulation commensurate with alcohol and tobacco regulations based on relative safety, then the legal age for pot would be 16 and it would be available in grocery stores in bulk with no purchase limits.
The "burden of proof" you describe would be appropriate if our drug laws were drawn up with any respect to science. But we're talking about getting irrational human beings who've been brainwashed about cannabis being a "dangerous drug" for nearly a century to vote to make what they believe to be evil accepted and legal. They are not going to flip from "we must lock up people who grow the wacky weed lest they become heroin junkies!" to "let's treat it less strictly than alcohol" in one fell swoop.
So there are two options:
1) Keep educating the public until they are as wise as us on cannabis and support treating cannabis the way it should be treated. Until then, everybody but patients get tickets, arrested, and go to jail... and the patients continue to be treated as second class citizens.
2) Pass what the public can handle right now and keep most cannabis consumers and producers, the non-commercial personal users and growers, out of jail cells. With cannabis legalized, even in this hyper-limited way, we finally start fighting this battle as non-criminals. As such, more of us can support further reforms. Also, if what we believe about cannabis is true, the public begins to see that cannabis is much safer than alcohol and those reforms become easier.
Unless you can think of a third way, I propose we keep people out of jail as soon as possible.
Having reported on numerous similar situations in other states, let me tell you how this works. ANYBODY can propose an initiative. So, Mason Tvert & Brian Vicente, both Coloradoans, worked with fellow local activists and national backers to craft A30. Other people are free to do just the same (and say they will, sometime in 2012, because why rush it when you need to collect probably a half million signatures?) just like this lady's A40. But what happens is the former have money, influence, connections, experience and a successful track record, and the latter do not.
So the former (let's call them "National," even though most of the legwork is being done by locals) do some polling, analyze public sentiment, review previous initiatives, learn from mistakes, assess the current situations, write drafts of legislation, run it by attorneys who tear it apart clause by clause, re-write and work out what they believe to be the language that best balances the absolute freedom for cannabis we'd all like versus what will pass with 50%+1 of the vote from the public, a sizable portion of which still believe marijuana is a demon gateway drug straight to heroin and causes their kids to become long-haired dirty stinky slacker losers who do bong hits in the SUV and drive down I-25.
The latter (let's call them "Locals") then get pissed off because National has already written, vetted and proposed their language, gotten it approved by the State, and begun collecting signatures before Locals have even stopped arguing among themselves about the basic concepts they wish to put on the ballot. Then they scream about "not being consulted," even though National has heard many times from many different Locals in many different states most of the exact same proposals the Locals are floating. But since National didn't knock on the door of Mr. or Ms. Self-Appointed Arbiter of Who, When, & How Initiatives Are Filed and directly ask him or her whether or not they should consider his plan to make all weed legal for all people all the time in any amount anywhere for any reason with no taxes, regulations, licenses, or restrictions, and all the pot prisoners set free immediately with their records expunged, Locals don't believe they were "consulted."
Rather than come to the realization that the Stones were right (we can't always get what we want), the Locals will then begin attacking the National because they are proposing an initiative far more conservative than the True Cannabis Freedom they would like to see eventually fail with 30% of the vote. Locals are pissed, because, by God, they are the ones who've been to the Longmont City Council meetings and the Colorado legislative hearings, and who are these National guys, just swooping in and proposing amendments, like Colorado's Amendment 20 and every other marijuana law reform initiative that has passed (only 2010's California Prop 19 was funded by someone/some group NOT Soros/Lewis/National Group... and it failed)?
If National actually did "consult" Locals the way Locals dream of, what would happen? Locals would propose their water-pipe dream True Cannabis Freedom clauses, National would laugh them out of the room, and Locals would then go ahead and attack National anyway, not for failing to "consult" this time, but for not adopting the Local's True Cannabis Freedom. Locals would never accept that "consult" means "ask for advice," not "receive marching orders," and if their proposals were heard and not accepted, the last thing they'd do is accept that and move on, working to support the measure they'd been "consulted" on. Or to make a long comment short (too late): Locals want National to give them all the money, media, labor, and expertise to pass the initiative they want and then get the hell out of the way.
The Locals, now dissed and "marginalized" in their minds (they were already disrespected and marginal to begin with), will attack not just National, but the legalization proposal they've put before the voters. "It's not true legalization!" they'll say. "Carpetbaggers!" they'll scream. "Trying to corner the marijuana market!" they'll predict. Then they'll actively lobby and fight AGAINST the National proposal, because, gosh, the conservative proposal of legalizing one ounce away from the home, six plants and all the harvests in the home, and all industrial hemp just isn't worth supporting, and all the people who'd be arrested for those amounts should continue to get arrested until Locals can pass True Cannabis Freedom.
Another twist in this is that Locals in many cases are the grassroots activists who've been shepherding the current MEDICAL marijuana law and have, at numerous occasions, told National to stay out of the medical marijuana pool, lest they poison it with "legalizer" rhetoric. But now that National, with its legalization focus, comes in to attempt a legalization measure, suddenly the medical Locals are the experts to be consulted.
Note that this isn't all "Locals." Most of them are reasonable and work with National orgs to pass the best legalization proposal that has a chance of passing. No, these "Locals" usually form their own org with an important-sounding name and title and may even be local news media contacts (thinking it's because they're important, not because local news loves to parade a batshit crazy True Marijuana Believer in front of the camera to discredit the movement) and feel that the reasons their org doesn't have money, influence, connections, experience and a successful track record have nothing to do with them and everything to do with the evil machinations of the National. You can usually identify the True Marijuana Believer type of Local. They're the ones shouting at legislators, disrupting public meetings, leading rallies against National orgs, proposing sit-ins to disrupt National conferences, suggesting dead kids on bicycles are to blame for getting themselves hit by cars, and seriously believing a majority of voters will support ideas like 12 pounds, 99 plants, $10/ounce tax limit, total amnesty for pot prisoners and regulations that treat cannabis less strictly than alcohol. They often put "Rev." before their names.
Maybe you're in upstate NY and cops up there actually follow rule of law, but in NYC if they slap you with cuffs and bring you in for the night for even dirty paraphernalia. This happened to my cousin. Have you heard anybody tell personally that a cop has found them with marijuana and actually let them go? It doesn't matter the amount, in NYC if you are found with weed you are going in. Many cases do get thrown out of court, but you are spending the night. They do not follow the law and they do not care. Suing the city for wrongful imprisonment is too costly, complicated, lengthy and painstaking for 99% of these people.
The point about Amendment 40 is progress by the PEOPLE. Why the hell were the grassroots activists in CO left out of the Initiative 30 decision making? What is being hidden from the public? Where the hell is all that money COMING FROM? Can we say "compromised" anybody? Something is fishy and doesn't pass the smell test.
Here in New York, ganja is decriminalized. If you get caught with 25g or less you receive a citation equivalent to a traffic ticket and a fine of around $100. No public money wasted on arrests or convictions and normal people are not labeled as criminals. The $100 fine keeps people from openly smoking in parks or other public places. The few people who do get caught and ticketed, generate money for the state government.
I would like to see total legalization worldwide. But decriminalization is far far better for the public and the state than Colorado's Amendment 40.
• "The only thing this initiative would accomplish... is that the individual would be spared a fine or jail time" - that is significant, Mr. Stroup! Under Initiative 30, Coloradans would still be fined and incarcerated for possession of cannabis.
• "It is a truly stupid proposal..." - no one is claiming that Initiative 40 is perfect, but what is truly stupid is your kneejerk reaction. Unlike other pro-cannabis initiative(s) we expect to be filed by grassroots activists for the 2012 election, Initiative 40 does not conflict with the "so that driving under the influence of marijuana shall remain illegal" initiative. You have betrayed your intentions with your reactionary blast.
If no other re-legalization initiative makes the ballot, I will vote for Initiative 30 - while holding my nose.