Voters In Colorado and Washington Make History

Voters in Colorado and Washington on Election Day decided 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, 55 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.

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.

State lawmakers in Colorado initially prohibited the possession of cannabis in 1917. Washington lawmakers initially outlawed the plant in 1923.

Commenting on the historic votes, NORML Deputy Director Paul Armentano said: "Amendment 64 and Initiative 502 provide adult cannabis consumers with unprecedented legal protections. Until now, no state law has defined cannabis as a legal commodity. Some state laws do provide for a legal exception that allows for certain qualified patients to possess specific amounts of cannabis as needed. But, until today, no state in modern history has classified cannabis itself as a legal product that may be lawfully possessed and consumed by adults."

Armentano continued: "The passage of these measures strikes a significant blow to federal cannabis prohibition. Like alcohol prohibition before it, marijuana prohibition is a failed federal policy that delegates the burden of enforcement to the state and local police. Alcohol prohibition fell when a sufficient number of enacted legislation repealing the state's alcohol prohibition laws. With state police and prosecutors no longer engaging in the federal government's bidding to enforce an unpopular law, the federal government had little choice but to abandon the policy altogether. Today, history begins to repeat itself."

Separate marijuana law reform measures proved to be equally popular among voters. In Massachusetts, 63 percent of voters approved Question 3, which eliminates statewide criminal and civil penalties related to the possession and use of up to a 60-day supply of cannabis by qualified patients. It also requires the state to create and regulate up to 35 facilities to produce and dispense cannabis to approved patients. Massachusetts is the 18th state since 1996 to authorize the physician-recommended use of cannabis.

In Michigan, an estimated 65 percent of Detroit voters approved Measure M, which removes criminal penalties pertaining to the possession on private property of up to one ounce of marijuana by adults over age 21.

A statewide ballot measure to legalize the therapeutic use of cannabis in Arkansas appears to have narrowly failed by a vote of 49 percent to 51 percent. In Montana, a referendum that sought to ease legislative restrictions on the state's medical marijuana law also failed. Oregon's Measure 80, which sought to allow for the state-licensed production and retail sale of cannabis to adults, garnered only 45 percent of the popular vote.{jcomments on}

Colorado and Washington: First U.S. States To Regulate, Tax and Control Marijuana Like Alcohol

Colorado and Washington have become not just the first U.S. states – but the first political jurisdictions anywhere in the world – to approve regulating, taxing and controlling marijuana similar to alcohol.

The Drug Policy Alliance and its electoral arm, Drug Policy Action, worked closely with local and national allies to draft these initiatives, build coalitions and raise funds.

“The victories in Colorado and Washington are of historic significance not just for Americans but for all countries debating the future of marijuana prohibition in their own countries,” said Ethan Nadelmann, executive director of the Drug Policy Alliance. “This is now a mainstream issue, with citizens more or less divided on the issue but increasingly inclined to favor responsible regulation of marijuana over costly and ineffective prohibitionist policies.”

The Colorado and Washington initiatives inspired diverse coalitions that included traditional drug policy reformers, law enforcement, organized labor, advocates for fiscal responsibility, mainstream civil rights organizations, advocates for children, and people from across the political spectrum. The campaign in Washington gained strength and legitimacy from the unprecedented number of endorsements by elected officials as well as former and current law enforcement officials.

“Marijuana policy reform remains an issue where the people lead and the politicians follow,” said Ethan Nadelmann, “but Washington State shows that many politicians are beginning to catch up.”  Also notable was the silence of Obama administration officials who had spoken out two years ago against California’s Proposition 19 but who refrained from intervening this year.  “That bodes well,” said Mr. Nadelmann, “for both states' prospects of implementing their new laws without undue federal interference.”

Never before has support for making marijuana legal been so widespread. Last year, a Gallup poll found for the first time that 50 percent of Americans support making marijuana legal, with only 46 percent opposed. Public support has shifted dramatically over the last two decades – especially over the last five years – as majorities of men, 18-49-year-olds, liberals, moderates, Independents, Democrats, and voters in Western, Midwestern and Eastern states now support making marijuana legal. Last week, the annual FBI Uniform Crime Report found that police made 757,969 arrests in 2011 for marijuana law violations in the U.S. – 86 percent of these arrests were for possession only. Marijuana arrests comprise one-half of all U.S. drug arrests.