A12 The Nation
Advocates hope to spark trend across nation
BY MICHAELW. SAVAGE
oakland, calif. — For those who have long argued that smok- ing marijuana should not be a crime, a potentially historic turn- ing point is just weeks away.
EZ RE
KLMNO In Calif., voters split on marijuana legalization Voters in Californiawill decide
Nov. 2 whether to make their state the first to legalize the growing, selling and recreational use of marijuana. And polls here — the nation’s most populous state—suggest that residents are about evenly split on the issue. Proposition 19, as it is known,
would take away criminal penal- ties for people 21 and older for possession of one ounce or less of marijuana. If it becomes law, it would
mark yet another legalmilestone for the state. Fourteen years ago, California became the first to allow the use of marijuana for medical purposes. Since then, 13 other states and theDistrict have followed suit. Advocates for legalization say
they hope the vote in November will set off another trend across the nation. “If and when this passes,” said
Jeff Jones, a longtime cannabis advocate who was arrested a
decade ago for opening amedical marijuana dispensary, “you will see stories around the world saying this was a major shift in drug policy.” Supporters of Proposition 19
argue not only that legalization could help dismantle violent Mexican drug cartels, but also ease the state’s crippling $19 billion budget deficit with new taxes on the sale ofmarijuana. But opponents warn that pas- sage could unleash a legal night-
mare: They say the referendum would bar employers from firing stoned workers without proving first that they were impaired. That would mean school bus drivers, for example, could get high before climbing behind the wheel, according to critics. An unlikely coalition has
formed, with medical marijuana dispensary owners and marijua- na growers joining law enforce- ment to oppose the measure. That camp also disputes the promise of a new stream of cash into state coffers. Proposition 19 is on the ballot largely because of oneman:Rich-
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ard Lee, owner of Oaksterdam University, which trains medical marijuana growers and dispens- ers. Lee has bankrolled the cam- paign, donating $1.46million. “A lot like alcohol prohibition
repeal came about because of the Great Depression, now we have the great recession,” he said. “We’ve got budget problems, and Al Capone-style violence inMexi- co.”
As is often the case, both sides
argue that money is the motivat- ing factor. Lee’s opponents say he stands to make millions if mari- juana becomes legal, with added business to his university and coffee shops in his “Oaksterdam” neighborhood adding pot to the menu. He disputes that he would
cash in, and counters that the major California growers who now supply marijuana to medi- cal dispensers and the black market are opposed because they fear the inevitable fall in price that would come with legaliza- tion. Early on, opponents cam-
paigned on the simple argument that cannabis should not be le- gal. But they have refined their message over time, telling voters even if they support legalization in principle, the current initia- tive is not the way to do it. “I think a lot of people were
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anticipating that this was going to be the great sociological de- bate and it’s turned out to be something quite different — mainly because they’ve made some quite significant errors in drafting the initiative,” said Wayne Johnson, head of strategy for the “No” campaign,which has been largely bankrolled by the California Police Chiefs Associa- tion. Opponents cite the language
prohibiting employers from fir- ing pot-smoking workers until the bosses could prove there was a problem. Drafters saw it as a way to keep disapproving superi- ors from sacking employees who smoke pot in their spare time. But opponents argue the clause creates a protected class ofwork- ers who can’t be fired. “It would prohibit employers
from having a no-drugs policy,” said Allan Zaremberg, chief exec- utive officer of the California Chamber of Commerce. He contends that businesses
may be forced to violate a federal lawrequiring employers tomain- tain a drug-free workplace, mak- ing them ineligible for federal funding. Meanwhile, there have been
setbacks within the “Yes” cam- paign. Proponents are struggling to pull in the tens of millions in funding they had hoped for. Some supporters initially dis-
agreed with Lee over timing. Ethan Nadelmann, the founder of the influential Drug Policy Alliance, an organization at the forefront of earlier legalization efforts, said he had urged Lee to wait for 2012,when the presiden- tial race would bring out more liberal voters. In the end, he believes every-
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day folks who have smoked pot will support him, and he points to hundreds of small donations he has received from teachers, bank workers, lawyers and retir- ees around the country. Among them is Michael
Baldinelli, a retired riskmanager from Plymouth, Calif. “I’m 58 years old,” he said. “I’m a retired professional. I’ve raised a family, and I’ve smoked pot all my life. Making it illegal just criminaliz- es normal behavior.” Both sides agree that the vote
could be decided by the “soccer mom” contingent, and both are shaping their messages for that audience. The No camp has tar- geted themwith a stark image of stoned school bus drivers who couldn’t be fired. “That is theworst-case scenar-
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some medical marijuana dispen- sary owners who argue that the measure would hurt patients by taxing the marijuana they now get without paying taxes. “It’s kind of an odd thing for
us, because if it passes, we stand tomakemillions of dollars,” said Lanette Davies, owner of the Canna Care dispensary in Sacra- mento. “However, it’s not the right thing to do for patients.” While the outcome of the vote
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is in the balance, advocates be- lieve the 2010 push will be just the first in an increasing number of legalization efforts. A plan for a vote in Washington state next year is being drawn up. “Whether or not this wins or
loses, we will see many further attempts to legalizemarijuana in the next four to six years,” said Nadelmann. “When the dust settles, we’ll
find that there are a lot more people, significant people, who have come out and openly sup- ported legalization. It has changed the terrain for the fu- ture.”
savagem@washpost.com
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