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Oregon Voters Could See Measure To Decriminalize All Drugs On 2020 Ballot

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Reform advocates in Oregon quietly filed a proposed initiative last month to decriminalize low-level possession of all drugs that could appear before voters on the state’s 2020 ballot.

The measure, titled the “Drug Addiction Treatment and Recovery Act,” places an emphasis on the need to treat drug addiction as a public health issue, rather than a criminal justice matter. Possession of small amounts of illegal substances, including heroin and cocaine, would be considered a class E violation, punishable by a maximum $100 fine and no jail time.

There would be an option to avoid the fine by completing a health assessment through an addiction recovery center. That process would involve a substance use disorder screening from a licensed health professional.

Manufacturing and distributing controlled substances would still cary heavy penalties, including felony charges.

Additionally, the initiative would use tax revenue from legal marijuana sales to establish grant programs designed to significantly expand access to addiction treatment services throughout the state.

Petitioners said that the purpose of their measure is to “make health assessment, treatment and recovery services for drug addiction available to all those who need and want access to those services and to adopt a health approach to drug addiction by removing criminal penalties for low-level drug possession.”

Advocates are still in the early phases of determining whether they will be able to mount a well-funded effort to qualify the measure for next year’s ballot.

“It’s too early to know if this initiative petition will go forward—Oregon has a long process—but I hope it does, because we desperately need it,” Anthony Johnson, a chief petitioner on the campaign, told Marijuana Moment in an email. “Oregon ranks 50th in the country in access to drug addiction treatment, and I’m hopeful about the prospect of redirecting a portion of cannabis tax revenue so that everyone struggling with addiction can have access to the treatment services they need.”

Johnson also served as chief petitioner for Oregon’s successful 2014 marijuana legalization effort.

Another petitioner listed on the new drug decriminalization measure is Janie Gullickson, executive director of the Mental Health & Addiction Association of Oregon.

Oversight of the drug treatment grant program funded by the initiative would be the responsibility of a council that would be established by the Oregon Health Authority. The body would be tasked with expanding access to health services by providing funding to organizations that are “evidence-informed, trauma-informed, culturally responsive, patient-centered, and non-judgmental.”

An example of an eligible health provider would be one that offers harm reduction interventions, including “overdose prevention education, access to naloxone hydrochloride and sterile syringes, and stimulant-specific drug education and outreach.”

Talk of a prospective all-drug decriminalization proposal being introduced in Oregon led the founders of a separate reform group, Oregon Psilocybin Society (OPS), to drop similar provisions from their proposed 2020 measure to legalize psychedelic mushrooms for therapeutic purposes.

OPS said that part of the reason it omitted decriminalization language from a revised draft of their measure was because it heard that the Drug Policy Alliance (DPA) planned to introduce a separate initiative that would remove the threat of jail time for any kind of low-level drug possession charge.

DPA confirmed to Marijuana Moment that it is considering getting involved in multiple potential state-level decriminalization efforts but said it hasn’t yet decided whether to support a full-scale effort to qualify the Oregon proposal for the ballot.

“We’ve been looking at a number of states, including Oregon, that could benefit from moving towards a health-centered approach to drugs and away from criminalization,” Matt Sutton, DPA’s director of media relations, said in an email. “At this point in time, we have connected with various groups on the ground and are exploring all of our options.”

“It is much too soon to determine whether or not we will move forward with this measure, however, the process to get something on the ballot in Oregon can be lengthy, and we wanted to make sure the door was still open for the potential measure to proceed,” he said.

Regardless of what DPA chooses to do in the state, the change to OPS’s original psilocybin measure has already caused conflict among other reform organizations who insist that therapeutic legalization should be coupled with decriminalization, regardless of what outside groups are pursuing.

Oregon’s attorney general issued a certified ballot title for the psychedelic mushroom initiative on Friday, and now petitioners are cleared to collect the required 112,020 valid signatures from voters by July 2, 2020 in order to qualify the measure for the November ballot.

If the state Elections Division determines this month that petitioners on the drug decriminalization measure submitted at least 1,000 valid initial signatures, the attorney general would then have five business days to prepare a draft ballot title.

Read the general resolution of the drug decriminalization initiative below: 

DRUG ADDICTION TREATMENT AND RECOVERY ACT

Whereas, Oregonians need adequate access to drug addiction treatment. Oregon ranks nearly last out of the 50 states in access to treatment, and the waiting lists to get treatment are too long. Every day, one or two Oregonians die because of drug overdoses. Drug treatment and recovery ought to be available to any Oregon resident who requests it.

Whereas, Oregonians suffering from substance use disorder also need adequate access to recovery services, peer support and stable housing. One in every 11 Oregonians is addicted to drugs. Drug addiction exacerbates many of our state’s most pressing problems, such as homelessness and poverty.

Whereas, Oregon needs to shift its focus to addressing drugs through a humane, cost-effective, health approach. People suffering from addiction are more effectively treated with health care services than with criminal punishments. A health care approach includes a health assessment to figure out the needs of people who are suffering from addiction, and it includes connecting them to the services they need.

Whereas, Oregon still treats addiction as a criminal problem. Law enforcement should spend more time on community safety, but Oregon law enforcement officers in 2017 arrested more than 8,000 people in cases where simple drug possession was the most serious offense. In many instances, the same people were arrested for drug possession, again and again, because they are unable to get treatment.

Whereas, punishing people who are suffering from addiction ruins lives. Criminalizing drugs saddles people with criminal records. Those records prevent them from getting housing, going to school, getting loans, getting professional licenses, getting jobs and keeping jobs. Criminalizing drugs disproportionately harms poor people and people of color.

Whereas, punishing people who are suffering from addiction is expensive. It costs an average of $15,000 per case where a misdemeanor drug conviction is the most serious offense. That is more than the typical cost to provide treatment.

Whereas, marijuana tax revenue has grown significantly. Oregon now receives more than $100 million in marijuana tax revenue a year. The amount of marijuana revenue is expected to grow by more than $20 million per year.

The People of Oregon therefore propose this Drug Addiction Treatment and Recovery Act of 2020 to expand access to drug treatment and recovery services and pay for it with marijuana tax revenue.

Oregon Campaign To Legalize Psychedelic Mushrooms For Medical Use Cleared For Signature Gathering

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Culture

Postal Service Unveils ‘Drug Free USA Forever’ Stamp Commemorating 1980s Anti-Drug Program

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The U.S. Postal Service (USPS) is rolling out a new stamp design that pays tribute to 1980s-era drug prevention programs and promotes a “drug-free USA.”

The stamps, which will go on sale starting in October 2020, were announced at the conclusion of this year’s Red Ribbon Week last month, an annual occurrence first launched under the Reagan administration.

“This Drug Free USA Forever stamp will help further raise awareness about the dangers of drug abuse, and the toll it is taking on families and communities around our country,” Robert Duncan, chairman of the USPS Board of Governors, said in a press release. “The Postal Service is glad to do its part in marking Red Ribbon Week, and renewing our commitment to helping these efforts to educate youth about the dangers of illegal drugs.”

Via USPS.

USPS explained that Red Ribbon Week originated after a Drug Enforcement Administration (DEA) agent was tortured and killed in Mexico while investigating drug traffickers in 1985.

“I am very pleased that the U.S. Postal Service will issue a stamp affirming our commitment to a drug-free America,” DEA Acting Administrator Uttam Dhillon said. “This stamp will help raise awareness of the fight against drug addiction and honor those who have dedicated their lives to that cause.”

A description of the design states that the stamp “features a white star with lines of red, light blue and blue radiating from one side of each of the star’s five points, suggesting the unity necessary at all levels to effectively address drug abuse.”

USPS isn’t applying anti-drug messaging to the cannabis component CBD anymore, however. In September, the agency clarified that hemp-derived CBD products can be mailed under certain circumstances since the crop and its derivatives were federally legalized under the 2018 Farm Bill.

For those with mailing needs who aren’t interested in supporting the notion of a “Drug Free USA,” USPS does have another stamp that recognizes the 50-year anniversary of the drug-fueled 1969 counterculture music festival Woodstock.

Via USPS.

The stamp “features an image of a dove along with the words ‘3 DAYS OF PEACE AND MUSIC,’ evoking the original promotional poster for the festival,” USPS says.

Another option is a John Lennon Forever stamp, celebrating the iconic Beatles member and marijuana enthusiast who famously got “high with a little help” from his friends.

Via USPS.

“Still beloved around the world, Lennon’s music remains an anchor of pop radio and continues to speak for truth and peace,” USPS wrote.

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Photo courtesy of Wikicommons.

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New Congressional Resolution Calls For Marijuana Legalization And Drug Expungements

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Rep. Ayanna Pressley (D-MA) released a congressional resolution on Thursday that calls for a fundamental reshaping of the criminal justice system, in part by legalizing marijuana and expunging all drug-related convictions.

The congresswoman’s “People’s Justice Guarantee” resolution outlines “a bold, new vision for justice in the American criminal legal system” that’s designed to “transform the U.S. criminal legal system to one that meets America’s foundational yet unfilled promise of justice for all.”

The ultimate goal of the measure is to reduce mass incarceration in the country through a series of reform steps that includes ending for-profit prisons, decriminalizing certain non-violent offenses, imposing caps on criminal sentences, abolishing the death penalty, expanding access to mental health services in prisons and reinvesting in communities that have been most impacted by “tough of crime” criminal policies.

Some have characterized the resolution as the “Green New Deal” of criminal justice reform, comparable in scope and ambition to the climate change plan championed by fellow “Squad” member Rep. Alexandria Ocasio-Cortez (D-NY).

Drug policy reform isn’t the main feature of the resolution, but it does call for “decriminalizing addiction, homelessness, poverty, HIV status, and disabilities, including mental health diagnosis, by legalizing marijuana and overdose prevention sites, declining to criminally prosecute low-level offenses such as loitering and theft of necessity goods, and expunging the records of individuals for all drug-related offenses.”

Interestingly, an earlier draft of the measure reportedly contained language specifying that law enforcement should “use civil citations instead of arrests for drug possession,” according to a paraphrase by a reporter with The Appeal who reviewed the document but later updated her story to reflect the version that was actually filed. A call for an 80 percent reduction in the prison population was also removed from the text.

It’s not clear if the provision on “decriminalizing addiction” in the final resolution would involve all drug possession offenses, or why Pressley apparently decided to scale back the scope of the measure from the draft her staff circulated to reporters. Marijuana Moment reached out to the congresswoman’s office for clarification but a representative was not immediately available.

The ACLU, Color of Change and National Immigrant Law Center are among several civil rights groups that have endorsed the resolution, which was created in concert with advocates from the National Immigration Law Center, Immigrant Legal Resource Center, Immigrant Defense Project, UndocuBlack Network and others.

“You cannot have a government for and by the people if it is not represented by all of the people,” Pressley said in a press release. “For far too long, those closest to the pain have not been closest to the power, resulting in a racist, xenophobic, rogue, and fundamentally flawed criminal legal system.”

“The People’s Justice Guarantee is the product of a symbiotic partnership with over 20 grassroots organizations and people impacted by the discriminatory policies of our legal system,” she said. “Our resolution calls for a bold transformation of the status quo—devoted to dismantling injustices so that the system is smaller, safer, less punitive, and more humane.”

While the freshman congresswoman declined to endorse a 2016 marijuana legalization measure that was ultimately approved by Massachusetts voters, she’s since positioned herself as a champion for reform, including by voting against an amendment barring people with drug convictions from working in child care services with the U.S. Department of Veterans Affairs.

She also voted in favor of amendments to protect all state marijuana programs from federal intervention and another introduced by Ocasio-Cortez to remove a budget rider that she argued inhibited research into the therapeutic potential of psychedelics.

In addition, Pressley has cosponsored bills concerning marijuana descheduling, research on the benefits of medical cannabis for military veterans and banking access by state-legal businesses.

Read the full text of Pressley’s justice reform resolution below: 

Pressley_The People’s J… by Marijuana Moment on Scribd

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Support For Marijuana Legalization Increased Again In 2019, Pew Poll Finds

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Support for legalizing marijuana grew again this year, with just over two-thirds of Americans in favor of the policy, according to a Pew Research Center poll that was released on Thursday.

The survey, which involved phone interviews with about 9,900 adults from September 3-15, found that 67 percent of respondents think cannabis should be legal. That’s five percentage points higher than Pew’s last poll on the issue in 2018, and it closely reflects the percent support for legalization that Gallup reported (66 percent) in a survey released last month.

According to the results of a new question Pew asked for the first time that gave respondents multiple policy options to choose from, 91 percent of Americans said that marijuana should be legal for either medical or recreational purposes: Fifty nine percent said both forms should be legal and 32 percent said it should only be legal for medical use.

Just 8 percent want cannabis to remain illegal across the board.

That’s a notable finding, as some prohibitionists have argued that polls showing growing support for broad legalization are misleading because people would be less inclined to voice support for outright legalization if given more options. In fact, a sizable majority remains in favor of full legalization, according to Pew.

The poll also affirms that marijuana reform is an increasingly bipartisan issue, with a majority of Republicans and those who lean toward the GOP (55 percent) saying cannabis should be legal, compared to 78 percent of Democrats and those who lean toward the party.

Last year, the survey showed that only 45 percent of Republicans favored legalization, versus 69 percent of Democrats. Unlike the prior Pew poll, however, this latest version combines responses from party members and individuals who said they lean toward one party or the other. The previous survey distinguished those two groups and reported support separately.

“The percentage of the public who favors adult-use marijuana legalization has skyrocketed over the past three decades and shows no signs of abating,” NORML Executive Director Erik Altieri said. “As more and more states have moved forward with their own marijuana liberalization policies in recent years, public support has only grown stronger. At a time when the political divide is larger than ever, the issue of marijuana legalization is one of the few policy issues upon which most Americans agree.”

There is majority support in the new survey for ending cannabis prohibition among both men and women, and across racial demographics.

Expect the upward trend in support to continue. The only age group where there isn’t majority support for legalizing marijuana is the Silent Generation (35 percent). Boomers and Generation X support the policy, 63 percent and 65 percent, respectively. But an overwhelming majority of Millennials (76 percent) back legalization.

The partisan gap for that generation is significantly narrower than the overall divide, with 71 percent of Millennial Republicans and 78 percent of Millennial Democrats saying cannabis should be legal.

 

“Two-thirds of Americans say the use of marijuana should be legal, reflecting a steady increase over the past decade,” Pew said. “The share of U.S. adults who oppose legalization has fallen from 52 percent in 2010 to 32 percent today.”

“The growth in public support for legal marijuana has come as a growing number of jurisdictions have legalized marijuana for medical or recreational purposes,” the report states.

As Pew noted, numerous Democratic presidential candidates are in favor of cannabis legalization—with the notable exception of former Vice President Joe Biden—and the survey results suggest it’s a valuable policy position to have both in primaries and general elections.

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This story was updated to include comment from NORML.

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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