The 2004 Election

Suzanne Wills, Drug Policy Chair

December, 2004

There were a number of drug policy proposals on state and local ballots last month.

Montana became the 11th state to allow patients with certain conditions to possess and cultivate cannabis for medicinal purposes. The initiative passed 62% to 38%, the highest support ever for a medical cannabis ballot initiative.

Ann Arbor, Michigan amended its city charter to allow possession and cultivation of cannabis for medicinal purposes and an "affirmative defense to a prosecution" for patients.

Columbia, Missouri amended the Columbia city criminal code to allow adults to obtain and use cannabis for medical purposes and to reduce misdemeanor penalties on possession of cannabis to a fine-only offense.

By a two-thirds vote, Oakland, California established new municipal guidelines making adult cannabis violations the lowest law enforcement priority and "to tax and regulate the sale of cannabis for adult use…."

Voters in 12 Massachusetts legislative districts passed nonbinding public policy questions. Five advise the state legislature to pass medical cannabis legislation. Six advise the legislature to fine instead of jail cannabis users. One advises the legislature to tax and regulate cannabis.

Alaska defeated a proposal to decriminalize adult possession and use of cannabis. In 2003 the Superior Court dismissed a Fairbanks man's conviction and ruled that a 1975 Alaska Supreme Court decision made it legal for adults to possess up to 4 ounces of cannabis in their homes for personal consumption. That ruling still stands.

Oregon voters rejected a measure to dramatically expand its existing medicinal cannabis program.

California voters rejected a proposition that would have limited their "Three Strikes" law to violent repeat offenders. Several thousand people are serving 25-to-life sentences for nonviolent law violations, including drug possession.

The only medical cannabis initiative that has ever been defeated was in San Marcos, TX on May 3, 1997. It would have directed police officers to use their best judgment when enforcing drug laws against patients using cannabis for medical purposes. The primary supporters of the initiative were a glaucoma patient and his wife. After 2,000 signatures were gathered to put the initiative on the ballot and supporters received favorable media coverage, DEA agents went to San Marcos and campaigned against the initiative. The measure failed by about 900 to 1,400. Rep. Ron Paul (R-TX) filed a letter of inquiry with the DEA questioning the legality of its campaigning to defeat a local initiative. In response to the initiative, the Texas legislature passed HB 2213 which prohibits municipal and county governments from putting measures on their ballots that contradict federal laws.