9.23.2010

Proposition 19 and the Elephants in the Room


Lobbyists are a part of capitol hill much as the partisan blowhards that listen to them, but do lobbies ever become involved in state elections? And much more ones that are socially taboo? The answer is yes, and there has been a surprising amount of lobby interest from both companies and organizations opposing and supporting proposition 19 in California. “Big Alcohol” has been reported by (citation) the California state governments political finance website, stating the California Beer & Beverage Distributors donated $10,000 directly to No On Prop 19.

Interestingly enough however two breweries belonging to the association, Sierra Nevada Brewing Co. and Newcastle Brown Ale have both publicly expressed their want to be removed from a list of members, and in the case of Sierra Nevada from any future political actions the association undertakes.
 Almost a third of the money being donated to the campaign opposing Proposition 19 has been from Law Enforcement Organizations, spanning local and county departments to contribute along with the California Narcotics Officer’s Association. Knowing the parties responsible for the opposition of Proposition 19 must raise at least one question, do the aforementioned parties act out of public or self interest? Law Enforcement Organizations however exist in large part monetarily to the war on drugs, declared at any level of government. Billions of dollars are written into state and national budgets for drug law enforcement purposes. The stated purpose of law enforcement by definition is to enforce the laws people have determined for themselves out of appropriate legislatures, not enact the laws in their view, should they even expect to hold one as an instrument of justice.

Is voting against Proposition 19 just? Allowing people the ability to self determine what should be legal in one’s private residence; ending asset forfeiture that funds LEO directly out of drug war legislation, reducing their operating budget and ability to do their “business.” But wouldn’t allowing Officers to act in ways more positively effective to society instead of wasting time persecuting a benign substance be the sure answer? In a strictly utilitarian sense, assuming an increase in protection from criminal elements would result out of increased police attention to them; one would conclude certainly a vote in support would appear imperative. However in speaking dollars and cents and ease of persecution Marijuana makes an incredibly appealing target; wide usage, minority base, easy convictions of non-dangerous and non-violent offenders from courts facing ever increasing pressure to alleviate crime. Why not go for the most obvious criminals one can legislate

Big Alcohol doesn’t face a similar dilemma in stated purpose, owing no allegiance to justice nor the public outside of a business interaction. However in coming out against legislation against another “sin” often the subject of weepy commercials that champion their illegality would rally at the cause of another societal vice? Perhaps not in terms of competition for the all important market’s time spent engaged in a businesses wares it does represent significant competition. Studies conducted as well as surveys suggest that people would willingly trade off alcohol for marijuana; however pending upon legislation the choice is either available or will remain a monopoly for alcohol.

While a corporation must act in it’s self interest, a consumer should also be compelled to do the same and boycott alcohol producers and indeed parties involved in opposing what an individual stands for, in personal freedom and at least from that of a corporations; not individual or public, interest. Corporations ultimate fealty is to that of owners or shareholders, not the public, not the individual’s best interest; surely one would defend the public and an individual’s interests before those of a select party or group. I would hope at least the voters of California do.

                                                                         

9.16.2010

Why Should I Care?

Prop 19 is a California issue, it’s doubtful currently that any kind of national action will be taken as a result of the measure’s potential passing or failure. However it remains an issue that does affect people like you and me everyday. Federal raids on Marijuana dispensaries haven’t stopped patients who are in some cases students like you and yet in others people just like your parents or grandparents are still being prosecuted federally. The press releases have stopped being published by the DEA, our president has stated publicly that he enacted a directive to stop federal raids in states where it has been deemed legal. And yet things like what is shown here: http://youtu.be/RbwSwvUaRqc (NSFW Audio)
            
The raid shown in the video was conducted in Columbia, Missouri on suspicion of marijuana dealing, without any credible evidence police gained a warrant allowing them to perform the raid at night, while children were present in the home. Can one even imagine the thoughts in the minds of the children, and their parents and even neighbors while witnessing such incredible force deployed against a citizen in his own home. Even if you are opposed to legalization, it would seem to me that an opposition to this kind of police behavior especially in light of what the charges brought against the assumed were; a single piece of paraphernalia and an amount of marijuana that is below the threshold of a misdemeanor in Columbia’s city limits (1).
           
Legalization, even if currently flawed in it’s debut is still a necessary step forward in order to end the expenditure, fiscally and emotionally of all those who are on both sides of this supposed “war” on citizens, combating their private actions and assumed personal right to freedom. Billions of dollars every year are spent on law enforcement, training, prosecution, and the housing of non-violent offenders in increasingly privatized prisons(2,3). If citizens do not make a stand, nation wide to show they approve such legislation for those they do not even know nor where they might even live we may never see an end to such action by our government.
            
What is right is not always legal, and what is legal is not always right; knowing this Proposition 19 seeks to end at least in one state the prosecution and wanton destruction brought about by the illegality of a simple plant that with a long history of both therapeutic and recreational usage has shown itself to be safe, enjoyable, and readily available despite it’s prohibition. We must, at the behest of sounding panegyric support this measure nation wide and hope that California may serve as an example of what responsible adults can self determine for themselves and also what can happen if marijuana no longer must be associated with those elements of society we wish were not inherent at present. (4)


(1)http://web.archive.org/web/20080112054253/http://www.columbiamissourian.com/stories/2005/11/10/marijuana-law-gets-new-review/


(2)  http://www.drugpolicy.org/library/factsheets/economiccons/fact_economic.cfm


(3)  http://drugwarfacts.org/cms/?q=node/62


(4)  http://elections.firedoglake.com/2010/09/15/prop-19-cops-law-enforcement-support-marijuana-legalization/

Does Mainstream Media Even Care?



Proposition 19 Beat
How is Mainstream Media Covering it?

Proposition 19 which is only a California issue currently hasn’t received much in the way of mainstream media attention, despite the veritable blizzard Proposition 8 and even the state’s own budgetary concerns received. What does this mean for voters in California and even other states who’s voters are possibly considering similar action in their own states.
         
I searched The New York Times website, Foxnews.com, MSNBC.com, and CBS.com for stories of the ballot initiative. NYT turned up only one article, focusing on black voter’s split between supporting and opposing the measure. A black pastor in California fiercely opposes the issue, citing his own struggle with drug addiction and fears for others similar plights if the drug were legalized completely. (1) However he faces opposition from the NAACP which supports the measure on grounds that it will help alleviate the disparity in arrests and prosecutions of blacks on Marijuana charges, as compared to other races. (2)
            
CBS.com had a few pieces on the subject, mostly focusing on the split of California voters themselves on the issue, citing a recent poll that indicates those who are pro-prop 19 still trail slightly behind those who oppose it. They also mentioned the concern of many voters that if California does in fact pass the bill will the state be in jeopardy of losing federal funds for a variety of causes, from highway to employment; expressing worry that because of 1999s Drug Free Workplace act California businesses might face federal pressure. (3)

It’s slightly concerning to see such little national attention divided to both our most populous state and one where the issue of Marijuana has received an amazing amount of attention from it’s own residents. Not to mention the amount of news media coverage devoted to increasing drug violence both on the borders of our country and even within it. Just last week a man in Winona was arrested for growing marijuana on his property, the article stating he had a “cloning laboratory” and quoting police as saying he was beyond personal use, “an educated grower” seemingly a menace to society as indicated by the reporter but apparently kind enough to name one of his plants “Don.” (4)

Given the serious national problems brought about by the illicit substance in question it would be my hope that more news media highlights what many hope will be one state’s action towards alleviating both the law enforcement, financial, and even violence problems associated with it’s illegality and accompanying incentive for an unsupervised underground market.


Proposition 19 In Brief



In 1996 California was the first state in the United States and the first province outside of the Netherlands to legalize Marijuana for adult consumption. The piece of legislation, Proposition 215, stated the following purpose;

To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where the medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. “ – Compassionate Use Act of 1996 (1)

After California passed their legislation, other states followed but none were quite like California’s system with state regulated dispensaries operating as legitimate businesses paying taxes and obeying city and county rules governing their operations. Federal raids however continued because while legal under state legislation, federal law still holds Cannabis as a Schedule I substance under the Controlled Substances Act of 1970 classifying it according to these criteria,

“(1) Schedule I. -        
 (A) The drug or other substance has a high potential for abuse.        
(B) The drug or other substance has no currently accepted       medical use in treatment in the United States.       
(C) There is a lack of accepted safety for use of the drug or       other substance under medical supervision.” (2)
            
Medical Marijuana failed to be the societal pariah its opponents hailed it as, becoming the national model for how Marijuana legalization could work, and work well in addition to showing that Cannabis is safe and effective medicine for a wide variety of illnesses and conditions. The process for obtaining this medicine however could still begin and end within the pages of an issue of “High Times” magazine, which regularly lists physicians that specialize in issuing recommendations for Cannabis use, and there’s even an iPhone app to find Dispensaries.
            
Given the liberal attitude and incredible popularity of the medicinal marijuana program it isn’t necessarily surprising that this November voter initiative proposition 19 was voted onto the ballot. Proposition 19 aims to legalize and decriminalize the recreational consumption of Cannabis by adults 21 and over. The bill is being met with both likely and unlikely opponents however, including the NAACP whose official stance is pro-prop 19, NORML or the National Organization for the Reform of Marijuana Laws as well, but while many large organizations are being lending their influence in support many dispensaries and the farmers who in a legal grey area, supply them with their pharmaceuticals.
           
Dispensaries are concerned about the impending flood of competition from both individuals deciding to grow their own instead of relying on the existing system of recommendations, dispensaries, and growers all of whom already face growing pressure by both county and local governments to either relocate away from schools, churches, and parks or revoking their licenses to operate entirely. Growers along with Physicians have also expressed concern; one grower Mike Boutin posted to his facebook page,

Mike Boutin again wants to remind everyone: Look around your residence" how many other smokers do you see? Okay, now ask yourself if a 5x5 is gonna solve your problems. p19 is a trojan horse designed to drive you to your new dealer, weedmart. If this thing passes, you better start doing some stretches, so when asked to "bend over" you won't pull anything.” (3)
           
Their concerns pertaining to both the commercialization of the somewhat cottage industry at this point, and from a physicians standpoint the worry that with legalization will also come corporations who copyright or modify a proven medicine, akin to two medicines “Sativex” and “Marinol” both relying on Deltaninetetrahydrocannibinbol to medicate their patients, as well as opening the prescription or recommendation of such medicine to any physician, not just those who specifically target the minority market currently present.
            
Come November it will be interesting to see what will become of voter initiative Proposition 19; will it become the evolution of the people’s will expressed in Proposition 215 in 1996 which legalized Medicinal Marijuana, or will it be brought down by it’s critics and opponents?



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