Steele Criminal Blog

Attorney Alan Steele




Wednesday, November 7, 2012

The Fight to Legalize Marijuana Heats Up

This isn't really local criminal news, or for that matter Texas criminal news, but it's worth repeating all the same.  Among the many elections across the country last night for State and Federal representatives were a few interesting laws in Colorado, Oregon, Washington, and the City of Detroit.

Last night, Colorado became a clear leader in the effort to end prohibition of marijuana with Amendment 64.  As Huffington Post points out, Amendment 64 creates a full regulatory scheme for the production and sale of marijuana and ends the criminal consequences for individuals who possess at least small quantities of marijuana.  Of course, this is entirely in conflict with federal law, and the current administration may have something to say about it given their stance with medical marijuana dispensaries in California as noted here. Still, the voters of the state have chosen to receive tax dollars regulating marijuana rather than spend them prosecuting its possession.

Washington also made a move in this direction last night, with the passage of Initiative 502, which decriminalizes marijuana possession under an ounce.  Again, I502 sets up a regulatory system so the state can actually make some money instead of spending, and it that state actually set up specific laws related to DWI or DUI of marijuana.  KVAL of Eugene discusses some of the specifics. Most important, perhaps, is that it only stops arrest for possession under an ounce, but doesn't stop home growing, public display, or public use.  Again, it still has federal law to deal with, but the KVAL article suggests the state could make as much as $2 billion over a five year period from the legislation.

Oregon Measure 80 failed 55-45 according to Oregon Live.  That measure would have again allowed for legalization, taxation, and regulation.  However, according to the Register-Guard, proponents plan to get the measure before their state legislature in 2013, and if that fails get it back on the ballot with a better funded campaign next time around.

Finally, in the City of Detroit Prop M was on the ballot.  Prop M raised even more concerns that the other above laws that conflict with current federal law because Prop M also conflicts with state law in Michigan.  Essentially, Prop M says that any over the age of 21 in possession of up to an ounce of marijuana in the City of Detroit won't get prosecuted, according to the Michigan Chronicle.  You can bet Detroit PD had a fit over that idea, as the city ordinance wouldn't change state law or federal law, it would just tell them they cannot enforce it.  The Proposition passed easily in Detroit, so we have to keep an eye out for what happens next.

These are all interesting movements.  I'm not a supporter of marijuana usage, but I've often questioned the legitimacy of legalizing alcohol but not marijuana given some of the arguments made regarding which is more dangerous.  I know that the decriminalization or legalization of marijuana under Texas law would hurt me financially, more so in a small county like Hood County than in a county like Tarrant County, but it might also better fund public systems like the courts.  At least in some states, popular opinion is changing, and its a question as to whether Texas will ever follow.

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