ABC News reports that the upcoming November ballot initiative to legalize the cultivation, possession, and recreational use of marijuana (the Tax Cannabis Act) is getting support from some unexpected allies.

While the fifty-two percent of Americans nationwide who oppose the legalization of marijuana consists mostly of “older Americans, conservatives, and mothers of teenagers,” California proponents of the Tax Cannabis initiative are creating a broad and diverse coalition of support, including the official endorsement of California NAACP President Alice Huffman.

“In California African Americans make up 7 percent of the population, but 22 percent of the marijuana arrests,” Huffman says. She continues:

I see it as a civil rights issue because so many of our young people get their start in the criminal justice system over a joint… if we want to rescue our young people and keep them out of prison, we have to not only attack the education system but also the dysfunctional parts of the system that’s criminalizing our children disproportionately and causing them lifelong harm.

While critics may decry the California NAACP for “race-baiting,” the facts are on Huffman’s side. According to the California Department of Justice, “Marijuana possession arrests of teenagers of color rose from 3,100 in 1990 to 16,300 in 2008 — an arrest surge that is 300 percent greater than population growth in that group.”

Indeed the civil rights aspect of marijuana legalization takes on a poignant historical character in light of circumstances surrounding its prohibition. Before the Marihuana Tax Act of 1937, it was legal to cultivate, possess, and use the plant in the United States. Proponents of the act rallied support by using racially charged imagery against a drug that was predominately used by African Americans at the time- particularly in America’s vibrant jazz music scene.

One of the leaders of the movement to ban pot, Harry J. Anslinger, coordinated a campaign of propaganda to convince white Americans that marijuana use made African Americans violent and lascivious. He also wrote articles that included extremely offensive and very racist statements such as:

“Colored students at the Univ. of Minn. partying with (white) female students, smoking [marijuana] and getting their sympathy with stories of racial persecution. Result: pregnancy”

“…the primary reason to outlaw marijuana is its effect on the degenerate races”

“Two Negros took a girl fourteen years old and kept her for two days under the influence of hemp. Upon recovery she was found to be suffering from syphilis.”

With black Americans suffering disproportionately from the criminalization of marijuana, and a long, ugly history behind its original prohibition, it’s not hard to see why the California NAACP considers support for the Tax Cannabis Act to be a civil rights issue.

           

Great news for those in Wisconsin…

           

By Jim Sanders

The Sacramento Bee

           

Whenever matters of marijuana policy make their way into the national spotlight, you can count on coming across some really ridiculous analysis from folks who haven’t exactly been paying attention. There are many ways to misunderstand the marijuana debate, my favorite of which might be the theory that — even though it’s all over the news — it’s actually part of a secret conspiracy.

Here, we have the editorial board of The Washington Post speculating that Obama’s recent medical marijuana announcement could be part of a plan to legalize marijuana without anyone noticing:

Yet this policy shift leaves significant questions unaddressed, including whether the Justice Department’s decision essentially constitutes a first step toward legalizing marijuana. Such an immense policy decision should not be ushered in surreptitiously, but should be tackled head-on, with a full-throated public debate about the possible benefits and consequences.

This is just completely delusional on multiple levels:

1. The administration leaked the story to the AP on a Sunday night, which is the opposite of secretive. That’s what you do when you want a week’s worth of intensive media coverage.
2. Telling the DEA not to arrest sick people is a far cry from supporting legalization for everyone. It’s very possible – and very common – for people to support the former and not the latter. For example…
3. The Obama Administration is opposed to legalization. They’ve said so before and after last week’s medical marijuana announcement. That question is not “unaddressed” even remotely.
4. There’s a “full-throated public debate” about marijuana legalization going on right now. And The Washington Post has been participating in it with numerous recent stories and editorials. You want us to send more op-eds?

I can’t even begin to fathom how The Post came up with this craziness, but if they want more debate, I’m ready to rock. I’ll show up at your office tomorrow morning with 15 awesome ideas for marijuana stories that I guarantee you The New York Times hasn’t thought of yet. And I ask for nothing in return, except some acknowledgement that marijuana legalization is not a secret conspiracy, but rather a defining issue at this moment in American politics.

Update: Pete Guither has more.

http://stopthedrugwar.org/chronicle_blog/2009/oct/27/obama_isnt_plotting_to_legalize_

           

Two new reader opions today. Thanks you both. If you’d like to have your opinion posted on our website, please send  us your thoughts on our “contact us” page. - Admin

“I believe marijuana should be legalized. Consider the fact that alachol kills, cigarettes kill, but have you ever heard of or seen of a death from marijuana? You can’t overdose, or anything. America needs money. Leglization of marijuana is the best for this problem. Sure medical marijuana is a step forward, but what about us who do it to relax? Such as myself. Marijuana eases pain, cigarettes cause future pain. Cancer, and even death. Over…well a lot of damn deaths from marijuana. Im smokin whether its legalized or not. But god forbid it should be legalized. God made it, “the all healing plant”  Man made beer, god made Pot, who do you trust?” - Michael

“I think that the government should legalize marijuana for many reasons. There is no way that weed can kill you, the amount it would take to overdose is impossible to smoke, literally. There are also no long term effects, if anything its helping everyone with their eyes and to feel better! I mean smoking may make you a little more forgetful and lazy but people do that on their own. If the government would sell weed first off they could make a shit load of money,because of taxes, they would put a lot of dealers out of business, make them get REAL jobs…I mean the list goes on and on however im in class and must go! Thanks for reading “- Delia

           

Marijuana smokers might be breathing a little easier thanks to a policy switch by the U.S. Justice Department. Attorney General Eric Holder announced that federal prosecutors would not spend limited time and resources on people who use or sell medical marijuana “in strict compliance with state law.” Thirteen states have medical marijuana laws, which are controversial because federal narcotics laws trump state statutes.

Of course, the new federal policy doesn’t prevent local prosecutors from cracking down on medical marijuana dispensaries. Los Angeles District Attorney Steve Cooley has vowed to shutter the city’s dispensaries, which he says cater to people who do not have legitimate medical reasons for using marijuana.

Is the Justice Department paving the way for legalizing marijuana? And is it crazy to think the Obama administration is more federalist — that is, respectful of state and local government decision-making — than the supposedly federalism-loving Republicans? Joel Mathis and Ben Boychuk, the RedBlueAmerica columnists, attempt to cut through the haze.

BEN BOYCHUK

All things being equal, the states are probably better arbiters than federal officials of whether marijuana should be illegal. The fact that the Obama Justice Department believes federal resources are better spent elsewhere speaks volumes. But marijuana remains outlawed under the federal Narcotics Act, .

But whether marijuana should be legalized raises a whole host of questions. Here’s one: Should medical marijuana use be protected under the Americans with Disabilities Act? The ADA requires employers to make reasonable accommodations for workers with disabilities, including ailments such as alcoholism and drug addiction. (See the U.S. government’s frequently asked questions about the ADA here: http://www.ada.gov/employmt.htm)

The ADA has been a boon for trial lawyers and irresponsible users and abusers. A former sheriff’s deputy in Sarasota, Fla., last month sued his employer for discrimination under the ADA because he was let go for excessive alcohol use. Earlier this year, former NBA player Ray Tarpley settled an ADA lawsuit against the pro basketball league and the Dallas Mavericks that stemmed from his cocaine addiction. Two alcoholic NFL players filed similar lawsuits in 2007.

Without question, marijuana helps thousands of people suffering chronic illnesses. The rub is that many critics of medical marijuana, including most district attorneys, say the laws are widely abused; that it’s too easy for stoners to get a doctor’s note for pot; and that many of the “illnesses” that marijuana treats are bogus. It isn’t hard to imagine a raft of lawsuits against employers by potheads claiming phony disabilities.

If Americans want to ease the prohibitions on marijuana, Congress will need to act and legislators will need to debate what’s right for their states. But if the trend is toward decriminalization, it should come with a hefty dose of personal responsibility and protections for employers from unscrupulous users.

JOEL MATHIS

Actually, Americans do want ease prohibitions on medical marijuana. They’ve wanted it for a long time.

The website of the National Organization for the Reform of Marijuana Laws has a page featuring a slew of polls — going back to 1995 — showing that clear majorities of Americans believe it should be legal for doctors to prescribe and patients to use marijuana for medicinal purposes. NORML admittedly has a bias, but the polls come from a variety of outlets: Gallup, AARP, CBS, ABC, Time magazine and more.

Yet Congress has refused to act; despite those clear majorities, politicians at the federal level are too fearful about their re-election prospects to ever support legislation that might later be used to portray them as “soft on crime” or “soft on drugs.”

So activists took their case to the state level — and that’s entirely appropriate. The states have long been considered “laboratories of democracy” where different approaches to similar issues could be tried. And that’s exactly what happened: Thirteen states now permit medical marijuana. That means, of course, that 37 states do not. Nothing in the Obama administration’s new approach will force those more restrictive states to take the relaxed approach.

You can argue the Obama administration should continue to rigorously enforce federal drug laws. But given that citizens in those 13 states have made their preferences clear, the administration is probably wise to give them deference.

“What about the ADA?” my conservative friend asks. Well, what about it? The Americans with Disabilities Act is a federal law; as long as actual legalization of medical marijuana is done at the state level, federal lawsuits by a few stoned chuckleheads seeking to enrich themselves through the legal system are unlikely to be successful. When weighing the balance between real freedom and a hypothetical fear of lawsuits, freedom should win.

Ben Boychuk and Joel Mathis blog at http://www.infinitemonkeysblog.com and http://politics.pwblogs.com.

(Ben Boychuk and Joel Mathis blog daily at www.infinitemonkeysblog.com and joelmathis.blogspot.com.)