Pubdate: Wed, 04 Aug 2004
Source: AlterNet (US Web)
Copyright: 2004 Independent Media Institute
Contact:  http://www.alternet.org/
Details: http://www.mapinc.org/media/1451
Author: Paul Armentano, AlterNet
Note: Paul Armentano is the senior policy analyst for The NORML Foundation 
in Washington, DC.

MARIJUANA REFORM TO TAP GRASSROOTS THIS NOVEMBER

A bumper crop of initiatives addressing marijuana policy and
enforcement will appear on various state and municipal ballots.

Few domestic policy issues enjoy such deep-rooted public support as
does marijuana law reform, in particular the legalization of medicinal
pot for seriously ill patients. Yet despite nationwide polls
indicating that some 8 in 10 Americans back reform, politicians at the
state and especially federal level continue to oppose even minor
changes in existing policy, as evident by Congress' refusal to hold
hearings on a pair of proposed bills seeking to exempt
state-authorized medical marijuana patients from federal arrest and
prosecution.

As a result of this chasm between the public and their elected
officials regarding pot policy, proponents of reform have in recent
years taken the issue directly to the voters via statewide and local
ballot initiatives - most notably, passing state laws in Alaska,
California, Colorado, Maine, Nevada, Oregon, and Washington exempting
qualified patients from criminal prosecution for the possession and
use of medicinal marijuana when such use is recommended by their physician.

This November's Presidential election will be no exception, as a
bumper crop of initiatives addressing marijuana policy and enforcement
will appear on various state and municipal ballots. Below is a summary
of this November's more prominent marijuana law reform proposals.

Statewide Initiatives

Alaska - If approved, Alaska's Cannabis Decriminalization and
Regulation Act would mandate that "persons 21 years or older shall not
be prosecuted, be denied any right or privilege, nor be subject to
criminal or civil penalties for the possession, cultivation,
distribution, or consumption" of marijuana for medicinal, industrial
or recreational purposes. The proposal also encourages the state
legislature to establish a system to regulate pot "in a manner similar
to alcohol or tobacco."

INITIATIVE STATUS:   Campaigners have qualified the Cannabis
Decriminalization and Regulation Act for the November 2, 2004 ballot.

Arkansas - The Arkansas Medical Marijuana Act seeks to allow qualified
patients to possess and cultivate marijuana for medicinal purposes
under the authorization of their physician. Patients diagnosed with
cancer, glaucoma and HIV/AIDS qualify for legal protection under this
act, as well as individuals suffering from cachexia, severe pain,
nausea, epileptic seizures, persistent muscle spasms, multiple
sclerosis or Crohn's disease. The proposal also establishes a
confidential state-run patient registry to issue identification cards
to qualifying patients.

INITIATIVE STATUS:  Campaigners are still collecting signatures to
qualify the Arkansas Medical Marijuana Act for the November 2, 2004
ballot.

Montana - Like Arkansas' proposed measure, the Montana Medical
Marijuana Act (I-148), if approved, would allow qualified patients to
possess and cultivate marijuana for medicinal purposes under the
authorization of their physician. Patients diagnosed with cancer,
glaucoma and HIV/AIDS qualify for legal protection under this act, as
well as individuals suffering from cachexia, severe pain, nausea,
epileptic seizures, persistent muscle spasms, multiple sclerosis or
Crohn's disease. The proposal also establishes a confidential
state-run patient registry to issue identification cards to qualifying
patients.

INITIATIVE STATUS:  Campaigners have qualified the Montana Medical
Marijuana Act for the November 2, 2004 ballot.

Oregon - The Oregon Medical Marijuana Act (aka OMMA2) seeks to amend
the state's existing medicinal marijuana law to allow qualified
patients to legally possess up to ten marijuana plants at any one time
and one pound of usable marijuana. The proposal would also allow
state-certified nurse practitioners and naturopaths to recommend
marijuana to their patients, and expand the definition of a qualifying
medical condition to include "any other medical condition for which,
in the determination of the attending physician, the medical use of
marijuana would be beneficial." The proposal also mandates the state
legislature to promulgate rules to license and regulate medical
cannabis dispensaries "to ensure that medical marijuana is available
to qualified patients."

INITIATIVE STATUS: Campaigners turned in 96,000 signatures to election
officials and are awaiting certification for the November 2, 2004 ballot.

Local Initiatives

Oakland, California - If approved, the Oakland Cannabis Regulation and
Revenue Ordinance would establish new municipal guidelines directing
the Oakland Police Department to make the enforcement of minor
marijuana offenses by adults the city's "lowest law enforcement
priority." The proposal also mandates the city of Oakland "to tax and
regulate the sale of cannabis for adult use, so as to keep it off the
streets and away from children and to raise revenue for the city, as
soon as possible under state law."

INITIATIVE STATUS:   Campaigners have qualified the Oakland Cannabis
Regulation and Revenue Ordinance for the November 2, 2004 ballot.

Tallahassee, Florida - The Practical Law Enforcement Amendment (aka
the PLEA) seeks to amend the Tallahassee city charter to mandate
Tallahassee Police Department to make the "investigation, arrest and
prosecution of marijuana offenses [involving possession of under 20
grams], ... the city's lowest law enforcement priority."

INITIATIVE STATUS:  Campaigners are still collecting signatures to
qualify the Practical Law Enforcement Amendment for the November 2,
2004 ballot.

Ann Arbor, Michigan - If approved, the Ann Arbor Medical Marijuana Act
would amend the Ann Arbor city charter to allow qualified patients to
possess and cultivate marijuana for medicinal purposes under the
authorization of their physician. The proposal would mandate "no
incarceration, probation, nor any other punitive or rehabilitative
measure" for qualified patients, and establish an "affirmative defense
to prosecution" when marijuana is possessed for medicinal purposes.

INITIATIVE STATUS: Campaigners have qualified the Ann Arbor Medical
Marijuana Act for the November 2, 2004 ballot.

Detroit, Michigan - The Detroit Medical Marijuana Act (Proposal M)
seeks to amend the Detroit city criminal code so that local criminal
penalties no longer apply to any individual "possessing or using
marijuana under the direction, prescription, supervision, or guidance
of a physician or other licensed health professional." The proposal
also eliminates criminal penalties on the use and possession of
marijuana-associated paraphernalia devices by qualified patients.

INITIATIVE STATUS:   Campaigners have qualified the Detroit Medical
Marijuana Act for a special, August 3, 2004 ballot.

Minneapolis, Minnesota - If approved, the Minneapolis City Charter
Amendment would amend the Minneapolis city charter "to require that
the City Council shall authorize, license, and regulate a reasonable
number of medicinal marijuana distribution centers in the city of
Minneapolis as is necessary to provide services to patients who have
been recommended medicinal marijuana by a medical or osteopathic
doctor licensed to practice in the state of Minnesota to the extent
permitted by state and federal law."

INITIATIVE STATUS:  Campaigners are still collecting signatures to
qualify the proposal for the November 2, 2004 ballot.

Columbia, Missouri - Columbia voters will decide on a pair of initiatives
this November: the Missouri Smart Sentencing Initiative, and the Missouri
Medical Marijuana Initiative. If approved, the Missouri Smart Sentencing
Initiative would amend the Columbia city criminal code to reduce misdemeanor
penalties on the possession of marijuana and/or paraphernalia to a fine-only
offense of $250. The Missouri Medical Marijuana Initiative would amend the
Columbia city criminal code so that "adults who obtain and use marijuana
and/or marijuana paraphernalia for medical purposes pursuant to the
recommendation of a physician shall not be subject to any arrest,
prosecution, punishment, or sanction." Both proposals mandate that all cases
involving either the misdemeanor possession of marijuana or the medicinal
use of cannabis be referred only to the Municipal Prosecuting Attorney.

INITIATIVE STATUS:   Campaigners have qualified the Missouri Smart
Sentencing Initiative for the November 2, 2004 ballot.
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MAP posted-by: Richard Lake