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Happy 420: Drug Decriminalization Efforts Advance Across The Country

First Posted: 06/20/10 06:12 AM ET   Updated: 05/25/11 05:10 PM ET

When it's finally written -- if it's finally written -- the history of the American drug war will begin and end in the same town: San Francisco. The city passed the first anti-narcotics law in 1878, specifically targeting not opium, but opium dens, and aimed at their Chinese proprietors.

Other towns, counties and states liked San Francisco's new law, and found others to pile on top -- it was a way to satisfy voters' anti-immigrant moods, hostility to people of a different race and that fundamental American desire to control the behavior of our compatriots. That impulse has been strong since the first colonists settled here -- as has been a rival desire -- that for liberty and rugged, individual expression. The two strains have been at war with each other since before the founding of the nation and we have seen the tension expressed most violently in the war against drugs -- or, more accurately, the war against drug users.

A little less than a year ago, I wrote about the battle between these foundational American influences in the book This Is Your Country On Drugs: The Secret History of Getting High in America. Judging by America's relationship with drugs and drug policy over the years, I wrote that if we as a people ever did legalize drugs, the laws would be undone the same way they were done, city by city, state by state.

The pace has quickened since Obama took office.

The arc of American drug policy began to bend in the 1970s, with 13 states decriminalizing marijuana, but even as that arc bent back up again in the 1980s, San Franciscans were at work reversing the history they had sparked. In 1991, city voters passed Proposition P, which ushered in the medical marijuana movement. Five years later, the state passed its now-famous medical marijuana law.

Thirteen more states have followed and even the nation's capital is writing final rules to allow legal marijuana dispensaries that members of Congress will walk past on their way to work. Maryland, New York, Illinois and a host of other states are considering similar legislation, and the momentum is thanks to Obama's announcement that he would not raid shops or patients operating within state laws.

The next stage is in process, too: California voters, in 2010, will be asked to legalize marijuana for all adults, not just the ill. The potential for tax revenue and job creation have become central to the debate, just as they were when Americans repealed alcohol prohibition. Meanwhile, activists in Oregon and Washington state are gathering signatures for similar ballot initiatives.

Here's an overview of some steps various states have taken to reform their drug laws:

Californians To Vote On Initiative To Legalize Pot In November
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In November, Californians will vote on whether to legalize recreational marijuana use for adults 21 years and older.

The Associated Press reports:
It would become the first state to legalize recreational marijuana use if the proposition is approved. Marijuana use is legal for medicinal purposes in California and 14 other states, but the drug is illegal under federal law.

Secretary of State Debra Bowen certified that the petitions seeking to place the question on the ballot had more than 433,971 valid voter signatures, the minimum number needed to qualify.

If approved, the initiative would allow those 21 years and older to possess up to one ounce of marijuana, enough to roll several marijuana cigarettes. Residents also could cultivate the plant in limited quantities.

The proposal would ban users from ingesting marijuana in public or smoking it while minors are present. It also would make it illegal to possess the drug on school grounds or drive while under its influence.

Local governments would decide whether to permit and tax marijuana sales.
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When it's finally written -- if it's finally written -- the history of the American drug war will begin and end in the same town: San Francisco. The city passed the first anti-narcotics law in 1878, s...
When it's finally written -- if it's finally written -- the history of the American drug war will begin and end in the same town: San Francisco. The city passed the first anti-narcotics law in 1878, s...
 
 
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05:40 AM on 04/21/2010
Michelle Leonhart acting Admiistrator for the DEA has been described as a "cubby little bulldog" by her colleagues who call her, "Mighty Mike"!

She is very anti-medical marijuana and led the raids on Cali dipenseries until she had to be told to stop by her boss the AG.

She is a blood thirsty bulldog with no common sense and a burning ambition to be somebody.

Picked by W she is a perfect G.W. Bush type but why would Obama even consider her?
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05:15 AM on 04/21/2010
If cannbis were legal tomorrow, What would we do with all the Blackwater mercinaries we have hired as DEA and other special drug cops?

I have heard it said that the feds are afraid to turn out [lay off] so many people they know are trained thugs. What will these trained thugs do in society without jobs?
05:18 AM on 04/21/2010
Same thing they do now, steal, rob and murder only without their badges!
05:24 AM on 04/21/2010
Scroll down on the left, here is what they are qualifiyed to do!


http://www.drugwarrant.com/
04:25 AM on 04/21/2010
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-- Should this pass, I'll move back there!
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Bettysdad
The arc of human history is to the left.
04:08 AM on 04/21/2010
Have there been cases testing the constitutionality of drug laws?

I can kill myself much faster with Mr. Plumber than with heroin., yet it's availible everywhere.

Why can't I get high?
10:32 AM on 04/21/2010
Because you can only have fun in state supported, FDA approved, drug company profit generating ways.

But cheer up...you can always smoke cigarettes until you have lung cancer and then drown your sorrows in alcohol.
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05:00 PM on 04/21/2010
It comes down to congress's power to regulate interstate commerce. The last test case was Gonzales v. Raich (also known as Ashcroft v. Raich). It's a tough situation, because conservative jurists are very unsympathetic to medical marijuana/legalization movement in general, but liberal jurists are very wary of weakening the commerce clause because a lot of good liberal legislation (e.g., the Civil Rights Act) is justified the same way. The decision in Raich was not at all along party lines--the dissenters were O'Connor (center-left), Rehnquist (center-right), and Thomas (right).
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HUFFPOST SUPER USER
rougebaisers
02:59 AM on 04/21/2010
There is EVERY reason to legalize and tax marijuana.
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HUFFPOST SUPER USER
RusStyles
Author of Getting Back in the Game!
02:28 AM on 04/21/2010
I don't get the attraction...But I'm 200% for decriminalizing...People have the right to self-abuse. They do it with ice cream, soda, excess alcohol, etc...
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HUFFPOST SUPER USER
Snarkyone
08:15 AM on 05/07/2010
Perhaps you should try it before you relegate it to the abuse category. Your statement reflects the lies that the government has been spreading for decades about marijuana and only shows your ignorance on the subject.
HUFFPOST PUNDIT
Dunkleberger Karl
Historian,Humanitarian,Hedonist.
02:18 AM on 04/21/2010
other than bus drivers, mass transit drivers,and tuck drivrs who when under the influance ,may kill themelves more often than other peaple!It wouldbe great for sick peaple , specialy those who are too sick to have an appitite!better to put cops who borrow from evidence rooms, or doctors who selfmedicate in prision
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HUFFPOST SUPER USER
sixtiessoul
01:34 AM on 04/21/2010
Rock the Vote California. No person should be in jail for the possession of marijuana. Period.
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HUFFPOST PUNDIT
amleth
big fan of humanity - very often disappointed
01:02 AM on 04/21/2010
Were people in the 30s really smarter?

Alcohol prohibition ended primarily to fill the coffers with the resulting taxes.

Yes, alcohol can be a killer.

So can tobacco. Don't see tobacco prohibited regardless.

Find a death from marijuana ingestion.

Marijuana was in widespread use in the 20s and 30s as a homeopathic medicine.

People also smoked it to get high.

The tobacco people, peddling a drug that does not make you high, but makes you nervous and impulsive, and might well kill you, led the charge to outlaw marijuana.

Zero sum gaming combined with classic distraction " - listen to our unsubstantiated allegations and outright lies about this other drug, pay no attention to that cough you've been having from your cigs - " and scapegoating turned out to be an effective strategy. That and free cigs all during WWII for the GIs.

It's really hard to persuade folks to kill other folks when they are high.

Not so hard with nicotine.

Our drug policies are schizophrenic.

And we have spread them throughout our world.

And through the legal/illegal borderline between drugs, we have caused and are causing violent and gruesome mini-wars, killing and spreading misery to millions.

This is a bad disease and we need to end it.
10:07 PM on 05/11/2010
It was my understanding that petroleum companies were behind the criminalization of pot. they wanted to eliminate everything made by the plant infavor of oil-based products. whatever the reason, it's time the country understands they've been lieed to by the government about pot.
12:47 AM on 04/21/2010
I like to think of every day as Pot Day.
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Snarkyone
08:15 AM on 05/07/2010
I do too.
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Y3rMawm
veni, vidi, bibi.
12:37 AM on 04/21/2010
Be careful now my liberal friends, in supporting such initiative by the states, you are in fact making a case for states rights. This would put you on the side of people like the Confederacy. The War Between the States was as much about slavery, as Prohibitions are about social responsibility. Follow the money.

Build some bridges.
HUFFPOST SUPER USER
GrooveGrl4
12:55 AM on 04/21/2010
It is a gross over generalization to say that liberals are against states' rights. However, growing up in SC has made me extremely reluctant to give any more power to the people in the SC government.

Most states don't have the money to build any bridges. A state referendum involving the legalization of marijuana could potentially bring in a lot of money in tax revenue. During this major recession, it would be wrong to deny states the rights to attempt to create new industries to stabilize their economies.
HUFFPOST PUNDIT
Dunkleberger Karl
Historian,Humanitarian,Hedonist.
02:22 AM on 04/21/2010
most states only pay for infastructre durring dem administration.(see washington state, the narrows bridge) {see minnasota 2007}and republicans would let babie become orphans befor they would do a nessisary tax increase!
10:41 AM on 04/21/2010
Alcohol prohibition was repealed after several states moved to decriminalize first. This created nationwide momentum for the repeal. MJ is following a similar pattern.

Of course you're correct about the money. There are well financed interests opposed to medical and / or decriminalization. Alcohol, tobacco, big pharma plus the tremendous flow of cash to law enforcement and privatized correctional facilities.

Prohibitions are about social CONTROL, under the guise of social responsibility.
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12:36 AM on 04/21/2010
Let's get real about this. We're now spending $1-billion per week on our fatuous War on Drugs--money we can hardly afford.
As one who's never used an illegal drug and 71 years old, I feel in an authoritative position to say that we should legalize drugs and tax them the same as we do liquor. Or don't tax them but require a physician's prescription based on one's need for drugs to stay sane in an insane world.
Legalization would immediately result in an end to the violence in Latin America, besides also reducing our prison population probably by half. We only have to look to the 1930s to get evidence.
As there's no way to stop human demand for hallucenogenics--or alcohol--why not stop kidding ourselves and hurting so many people?
I ask opponents of legalization to focus on the cost-benefit equation.
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HUFFPOST SUPER USER
William1950
everything I say could be wrong.
12:18 AM on 04/21/2010
not to mention that gangs and other nefarious types would have to resort to other means to generate income... all drugs should be legalized.
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Y3rMawm
veni, vidi, bibi.
12:24 AM on 04/21/2010
indeed. Prohibition of anything (guns, drugs, alcohol, abortion, etc.) only serve generate back market activity, and crime.
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Z-Liberator
Republicans are scared men of narrow vision,
12:06 AM on 04/21/2010
Hard celebrating 420 without some 420 :-(
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Z-Liberator
Republicans are scared men of narrow vision,
12:05 AM on 04/21/2010
Time to move to Hawaii