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19 out of 24 Victories for Drug Policy Reform - Fact Sheet

Compiled by Drug Policy Alliance. November 2002.

Treatment Instead of Incarceration

Votes:

California: Prop. 36 Nov. ’00 61% YES

Arizona: Prop. 200 Nov. ’96 65% YES

Wash., D.C.: Measure 62 Nov. ’02 78%YES

Background:

In 1996 Arizona voters approved a ‘treatment instead of jail’ initiative mandating that first and second time non-violent drug offenders arrested for simple possession or use of illegal drugs be given access to drug treatment instead of thrown in jail. California voters approved a similar measure in 2000. Already these initiatives have reduced drug-related crime and saved taxpayers millions of dollars.

The 2002 DC initiative won overwhelmingly -- by almost 80% - a huge show of support for drug policy reform in the backyard of Congress and the White House. Unfortunately, Ohio drug reformers were unable to overcome a well-funded opposition campaign ran by Ohio’s Governor and ballot language that mislead voters into believing the measure would cost taxpayers money, when it actually would have saved them money. The measure lost 33% to 67%.

Medical Marijuana

Votes:

California: Prop. 215 Nov. ’96 56% YES

Alaska: Question 8 Nov. ’98 58% YES

Oregon: Measure 67 Nov. ’98 55% YES

Wash. St.: Initiative 692 Nov. ’98 59% YES

Wash., D.C.: Initiative 59 Nov. ’98 69% YES

Maine: Question 2 Nov. ’99 61% YES

Colorado: Amendmt. 20 Nov. ’00 54% YES

Nevada: Question 9 Nov. ’00 65% YES

San Francisco: Proposition S Nov. ’02 63% YES

Background:

Since 1996, voters have approved marijuana for medicinal use in eight states and the District of Columbia. The Hawaii legislature approved medical marijuana last year and several states came close this year. Besides medical marijuana provisions that were in the Arizona decriminalization initiative (which lost), local voters in California and Massachusetts had an opportunity to show their support for medical marijuana.

San Francisco voters approved a non-binding advisory referendum in support of the City growing and distributing marijuana to seriously ill patients. That measure passed 63% to 37%. In Massachusetts, voters in the 14th Worcester District approved a non-binding advisory referendum instructing their state representative to vote in favor of legislation allowing patients with certain diseases to grow and possess a small amount of marijuana for personal use if they have written permission from a doctor.

Marijuana Decriminalization

Both the Arizona and Nevada measures failed, but received enough votes to send a powerful message to politicians. The Arizona measure failed 43% to 57%, the Nevada measure 39% to 61%. In Massachusetts, at least 13 out of 19 local non-binding advisory referendums in support of marijuana decriminalization passed. The outcome of the other 6 referendums is still undecided. The Massachusetts measures instructs state representatives to vote in favor of legislation making possession of marijuana a civil, rather than a criminal, violation.

Reform of Asset Forfeiture Laws

Votes:

Utah: Initiative B Nov. ’00 69% YES

Oregon: Measure 3 Nov. ’00 67% YES

(There were no such laws on the ballot in 2002.)

Additional Votes

The 12 votes above enacted 11 state laws (DC’s marijuana initiative was thwarted by Congress). In addition, Oregon voters rejected a proposal to criminalize marijuana possession (Measure 57) in Nov. ’98. Arizona voters supported three measures in Nov. ’98 upholding the original vote on Prop. 200 two years earlier (all three votes made necessary by legislative tampering). Nevada voters were required to approve Question 9 at two consecutive elections, which they did, first in Nov. ’98 and then again in Nov. ’00, as reported above.