Proposition 19 - Hidden Victories in a Hollow Defeat

A Hollow Defeat?

With 100% of precincts reporting, California’s Proposition 19 fell less than 3.9% short of victory, leaving many in the media to focus on why Prop 19 did not get majority support. Ultimately the failure to pass Prop 19 will prove to be less important than what was gained during the campaign. Besides, how solid of a defeat could it have been when the opposition’s argument of greatest resonance was “if you are going to vote for legalization, this is not the bill to do it with?” That’s a tacit admission by the opposition that legalization is inevitable, a waving of the white flag while simultaneously fighting one last battle. A bizarre political tactic to be sure, but a sign for us that things are headed in the right direction.

So perhaps it is best to view the Prop 19 Campaign in terms of where marijuana reform stood at the beginning of 2010 versus today. These 4 outcomes from the campaign show why despite losing at the polls, Prop 19's legacy will prove to be extremely positive for reformers.

Hidden Victory # 1 - Without the Prop 19 Campagin Schwarenegger Doesn't Sign SB 1149

California’s SB 1449, which essentially decriminalized marijuana in the state, was signed into law because of the Prop 19 campaign (by “Prop 19 campaign” I am principally referring to the efforts of Yes on 19 and Just Say Now). Without the Prop 19 campaign, it is likely that Gov. Schwarzenegger would not have signed the bill. After all, it had been introduced in some form 4 times in the past decade without success. There was little reason to expect this year’s version would fare any better, as Schwarzenegger said, “I am opposed to decriminalizing the possession and recreational use of marijuana.”

However, the unexpected happened when Prop 19 consistently polled for a victory to the surprise of many. At least 10 polls conducted in the weeks and months leading up to the signing of SB 1449 had Prop 19 winning (after the signing of SB 1449, it began to reverse). In a last ditch effort to scuttle Prop 19, the Governor reluctantly signed SB 1449, using the signing ceremony to decry Prop 19 by saying that it “is a deeply flawed measure.” In an effort to defeat Prop 19’s realistic chance of passing, Schwarzenegger chose what he believed to be the lesser of the two evils (decrim). " The success of the Prop 19 campaign forced Schwarzenegger to make a concession previously thought unattainable by many. In terms of the daily lives of Californians, far fewer people are going to have criminal record as a result of the Prop 19 campaign.

Hidden Victory #2 - Behind the Youth Voter Turnout Numbers

Some have suggested that the youth voter turnout in California was disappointing, but that assessment seems inaccurate. The LA Times has said that youth voters made up 13% of the electorate, which may seem low, but according to Rock the Vote, youth voters only accounted for 10.2% of the electorate in 2002 and 11.2% in 2006. This means the youth vote in California this year was proportionately 16% greater than 2006 and 27% more than the 2002 number, hardly something to sneeze at. In fact, there was such a groundswell of college-age voters that many college-area polling stations could not meet the demand and ran out of ballots. What’s more is that these increases were accomplished in the face of SB 1449 being signed right as voter registration efforts were being launched into full gear, which created more difficult circumstances to register youth voters even under these stepped up efforts.

Hidden Victory #3 - Geographic Success with Limited Resources

The Prop 19 campaign was only able to raise about a third of the money predicted necessary to ensure a win on Nov. 2nd. Consequently, there were insufficient staff to run an ideal campaign, which meant efforts could only be focused in certain geographic areas. The campaign made the decision to try to turn out the most voters in areas that were more open to legalization rather than the prohibitionist regions of the state.

In the SF Bay area, where much of the Prop 19 campaign took place, support for Prop 19 was tremendous. Five of the nine bay-adjoining jurisdictions supported Prop 19, all but one by 9 points or more, two with landslide margins of support. In three of those jurisdictions where it did not win, it lost by fewer than 2.5 points. Nearby Santa Cruz supported Prop 19 by over 27 points.

Moving further south through California, the Prop 19 campaign had fewer resources. Support extended down the coast to Santa Barbara, but the campaign lacked the financial resources to crack into Los Angeles and San Diego. However, many of the aforementioned college polling stations that ran out of provisional ballots were in the San Diego and Los Angeles areas. This is further evidence that marijuana legalization truly brings out the youth vote, something the political establishment would be foolish not to consider going into 2012.

A related aspect is impressive number of calls made through the Just Say Now and Yes on 19 phonebanking tools. SSDPers and others from across the country made at least 15,000 calls to California voters, which certainly translated into a stronger total in favor of Prop 19.

Hidden Victory #4 - Experience: Got One Under Our Belt

One of the greatest hidden victories of the Prop 19 campaign was that it trained the emerging generation of marijuana reformers on how to run a legalization campaign, and left virtually all of them wanting to win on this issue in 2012. To be certain, the Prop 19 campaign made its share of mistakes, but given the low expectations of passage, the mistakes made this year will likely not leave much lasting harm and will help pave the way for more successful campaigns across in various states in elections to come. Prop 19 may not have written the history book, but it will have at least written the playbook for success in years to come. (As a sidenote, when the history book is written, it should be recognized that many, if not the majority of those worked for both Just Say Now and Yes on 19 are SSDP students, alumni and/or current/former staff).

Similarly leaving reformers in a better position for future campaigns were the many coalitions forged, signaling the end of marijuana reform being a third rail issue for other advocates of social justice. From organized labor to the NAACP, mainstream organizations began flocking to marijuana reform like never before. Given the prospects for future success, it seems likely that these relationships will last for years to come.

What it All Means

So yes, I am deeply disappointed that we could not get Prop 19 passed this year, but looking at the big picture, the campaign was a categorical success as it resulted in the decriminalization of marijuana in California and brought out an unexpectedly high number of youth voters. The defeat suffered this year should ultimately prove fleeting, and should be viewed as the launching pad for future success. As the LA Times recently noted, the success of the Prop 19 campaign has pushed marijuana reform from the sidelines to the mainstream spotlight, an accomplish. Change in civil rights issues is a long process peppered with numerous defeats, but it is in these defeats where advocates discover what is necessary to win, and few such events have paved a brighter light to ultimate victory than the Proposition 19 campaign.

(thanks to Irina Alexander for editorial suggestions)

SSDP's Phonebanking Parties begin at Mid-Atlantic Regional Conference

Over 60 people gathered in Richmond, VA last weekend at SSDP’s 1st Annual Mid-Atlantic Regional Conference hosted by our chapter at Virginia Commonwealth University. If you weren't able to make it, check out some photos and videos of the conference.

We kicked off the event on Friday with a Phonebanking Pizza Party, where over a dozen students generated around 200 calls to California voters about marijuana legalization using Just Say Now’s Virtual Phonebank!

Heather Ness, a linguistics major at the University of Maryland where she serves as the treasurer for our UMD SSDP chapter, commented about her experience at the party saying: “It was so easy and fun! Once one or two people broke the ice, everyone started calling. Because we’re calling young voters, it’s like having a conversation with a peer.”

Mike Liszewski, SSDP board member and President/Founder of the UDC School of Law SSDP chapter asked the audience during the conference, “Who here wishes they could vote in the California election this November 2nd so they could vote yes on Proposition 19?”

Almost every hand went up.

“This is the closest thing you can do next to voting that will directly impact the outcome of this groundbreaking initiative that will tax and regulate the responsible adult use of marijuana.”

Visit ssdp.org/pizzaparty to host your own phonebanking party. You can start making calls on your own anytime at JustSayNow.com

The people who are elected to make the laws that bind you

Rep. Lamar Smith from Texas on Fox News recently criticized the Obama administration's approach to marijuana and wants stricter drug law enforcement. Rep. Smith recently introduced H.R 5231, a bill would criminalize Americans working in Switzerland trying to save lives with heroin assisted treatment, for example.

“Rep. Lamar Smith (Texas), the top Republican member of the House Judiciary Committee who would likely become chairman of the committee under a GOP majority, accused the administration of being too lax in its enforcement of drug laws.

"The administration is clearly sending the message that they don't think it's bad to use marijuana," Smith said on Fox News. "So they're encouraging the use of marijuana. And that simply is not a good thing to do."

Smith blamed the administration's decision to not enforce federal laws against marijuana dispensaries in states that have legalized the drug for medicinal purposes. Smith blamed the administration's approach on drug laws for recent statistics showing an increased use of marijuana.

"We ought to be enforcing our drug laws, not backing away from them," said Smith, who also lamented a recent revision of criminal sentencing guidelines that reduced sentencing guidelines for crack-cocaine traffickers.”

Possibly Rep. Smith is referring to the 1,663,582 total arrests for drug abuse violations in the US in 2009, with someone being arrested for a drug offense every 18 seconds as being too lax. Maybe he’s referring to these ‘non-enforcements’, this ‘non-enforcement’, or possibly this ‘non-enforcement of federal drug laws as being too lax. After all, President Obama promised those raids would end while he was campaigning, and he gave respectful and thoughtful consideration to a question about the legalization of marijuana.

You know what? I did something about it. I took a total of 1 minute and 23 seconds out of my day to call Speaker Pelosi’s office urging her to cancel the vote on H.R 5231, a bill sponsored by Rep. Smith. I registered to vote when I received my driver’s license, which took all the effort of answering a few questions.

We can either stand by idly and watch our friends, neighbors, brothers and sisters be thrown into the back of a police cruiser after having their door smashed down in the middle of the night or we can take a stand and vote. Why should those who seek to criminalize non-violent, consensual behavior be allowed to impose their morals on us then utilize our money to do so in the most violent manner possible?

Register to vote, make a difference in your community.

Top 10 Schools Leading Marijuana Petition Drive

Students across the country hit the ground running this fall semester, collecting hundreds of petition signatures to legalize marijuana. One month ago, we launched the Just Say Now Campus Challenge for our chapters to compete against each other to see who can gather the most signatures. Through this competition, over 150 SSDP chapters are competing for prizes such as hemp t-shirts, flip video cameras, and other Just Say Now merchandise.

Let's take a look at which schools are leading the pack...*

1. Northern Virginia Community College: 423
   Woodbridge, VA
2. University of Cincinnati: 255
   Cincinnati, OH
3. West Virginia University: 214
   Morgantown, WV
4. Albert Einstein High School: 142
   Silver Spring, MD
5. University of Connecticut: 114
   Storrs, CT
6. SUNY Canton: 108
   Canton, NY
7. University of Utah: 105
   Salt Lake City, UT
8. University of New Mexico: 58
   Albuquerque, NM
9. University of Maryland: 45
   College Park, MD
10. Seton Hill University: 33
    Greensburg, PA

* as of noon EST 9/14/10. Congratulations to members of these 10 SSDP chapters on your hard work. If your school hasn't gotten the ball rolling on campus yet, don't worry it's certainly not too late! All of our chapters should have received their Just Say Now campaign materials in the mail, so get out there and show us what you can do! And as always, feel free to contact your regional outreach director for advice or with questions.

As students head back to school this fall semester, and as we get closer to Election Day, I know the competition will only grow more and more intense, so stay tuned. To learn more about the Just Say Now Campus Challenge visit this page.

Don't Trust Dragonflies

When it comes to California's Prop. 19, I've found there are roughly 3 types of people opposed to the initiative.

• Some politicians or law enforcement types who think it is in their best interest to oppose cannabis reform. 
• People who have not read the initiative and have been relying only on hearsay and urban legends (or who misunderstand the language in the initiative). 
• Those with investments in the medical marijuana industry who are more concerned about losing money if the price of cannabis goes down or if CA residents no longer have to pay MediCann $200 to get a doctor's note saying it's ok for them to use medical marijuana.

Below are parts of a post from Opposing Views that includes a debate going on between Chris Conrad, NORML and Dragonfly de la Luz. Dragonfly is the author of a blog called "Stoners Against Prop 19" in which she states mountains of misinformation and lies that were quickly and easily refuted by Chris Conrad and Russ Belville at NORML.

Dragonfly: Nowhere in my article do I claim that marijuana is more legal when it’s decriminalized. I said it is more legal now because it IS legal now. Marijuana has been legal in California since 1996.

NORML: Really, I’ll have to mention that to the 78,514 Californians arrested in 2008 for marijuana offenses.  In fact, marijuana IS NOT legal in California and since 1996 a handful of Californians have only been exempted from criminal prosecution under Prop 215 (except, of course, Eugene Davidovich, Donna Lambert, James Stacy, Jovan Jackson, Felix Kha, and a whole bunch of other people who thought they were legal under Prop 215 yet still ended up in a courtroom and behind bars for a time).
Specifically in Prop 215:

…patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.

Which means that criminal prosecutions and sanctions for marijuana still exist.  Shorter: it ain’t legal.

You really have to read the whole thing to believe this nonsense. She even goes so far as to speak on behalf of Jack Herer, a man who died months ago. We're assuming she hasn't seen the statement that the Herer family released calling on people like Dragonfly to stop using Jack Herer's name to spread lies about Prop 19.

Unfortunately, Jack passed away before Prop 19 made the 2010 ballot; so many people think he would still oppose it. We don’t believe that, and we ask that everyone stop saying he would cling to that position as we move toward the Nov. 2 vote.

As his family, we want the world to know that the last thing Jack Herer would want is for Californians to vote to keep Cannabis illegal. He was smart and had the political savvy to know that once a measure is on the ballot, the time for bickering has passed. That is why he campaigned for Prop 215 despite its shortcomings. That is why, were he able, he would now be telling voters to rally around and Vote Yes on Prop 19.

Dragonfly calls herself a marijuana activist because she "travel(s) the world, find(s) the best ganja, smoke(s) it, and write(s) about it for pot magazines."

I'm sorry Dragonfly, that's not called activism, that's called partying. And while you're busy partying, nearly 900,000 people are being arrested for marijuana charges every year in this country and about 10% of those arrests are coming from California.

Step aside and let the real activists do our work.

Mexico Did Not Legalize Drugs

And neither did the UK. But that's not stopping those opposing California's Proposition 19 from lying about it on television (either they're lying or they know so little about drug policy, they actually believe it to be true).

First, Jane Hamsher went on CNN to discuss the campaign alongside No on Prop 19 spokesman, Tim Rosales. Rosales claims, "They've tried it in Mexico, uh, they've seen an explosion in drug violence..."

First of all, Mexico has never legalized marijuana. What they have done is decriminalize the personal possession of small amounts of all drugs. Decriminalization is not legalization. Furthermore, decriminalization was a response to the explosion of drug violence that was already occurring thanks to drug prohibition here in the U.S. and was intended to allow law enforcement to focus more on cartels than users. Rosales goes on to say that legalization would give cartels a platform to sell marijuana. Scott Morgan easily debunks that statement over at the Speakeasy blog.

Then there is the Bishop Ron Allen from Sacramento, California who SSDP's Aaron Houston had the pleasure of debating. The Bishop has more difficulty keeping his composure and controlling the words that come out of his mouth than Rosales did. He claims that both Mexico and the UK have tried legalizing all drugs - something that would probably surprise the UK chapters of SSDP.

This is all pretty basic information. You don't need to be a sociologist or policy wonk to find out whether or not entire countries like Mexico or the UK have legalized drugs. But I guess the requirements for managing an anti-legalization campaign or becoming a spokesperson against sensible drug policy reform are pretty low. You just have to be a good liar or a raving lunatic.

Stop lying about Prop 19 and marijuana legalization.

Prop. 19 Receives Support From Both Sides of the Political Spectrum

As public support for marijuana legalization continues to grow, politicians on both sides of the political spectrum are beginning to realize: "if you can't beat em, join em".

Robert Cruickshank, public policy director for the Courage Campaign, which backs progressive causes, called for the vote in an attempt to overturn a party committee's recommendation to adopt a neutral position. He started by reminding the assembled Democrats that the party's chairman, former San Francisco state Sen. John Burton, has said pot was the issue that would motivate young voters to go to the polls in this off-year election.

"If we endorse Proposition 19 and take a courageous position to support reform, just as we took courageous positions on same-sex marriage and other contentious issues, we will win the moral argument, we will win Proposition 19 and we will win races in November," Cruickshank said.

Political strategists realize that candidates can benefit from supporting pro-legalization efforts. With voter support, candidates feel more comfortable and confident endorsing Prop. 19, rather than blindly following the zero tolerance War on Drugs mentality. This shift in status quo is a response to the fact that progressive voters are more likely to vote for candidates that also believe in sensible policies.

“A major part of our campaign strategy will be engaging young and first-time voters who are excited to come to the polls to support our initiative, and we think the Democratic Party will really benefit from the extra turnout that our campaign will provide,” said Yes on Proposition 19 Field Director James Rigdon.

Adding their names to the list of Prop. 19 endorsements are the California Young Democrats and the Republican Liberty Caucus of California. The Young Dems recognize the law-enforcement cost savings and potential local tax revenue legalization and taxation could bring in. The RLCCA endorsed the measure as well, but in a legalization-without-taxation stance.

“Clearly the Laws of Nature and of Nature’s God entitle free men and women living on free soil to grow and smoke marijuana,” said RLCCA Secretary Parke Bostrom. “Prop. 19 respects this right, while at the same time highlighting that under our Constitution, the federal government does not have authority to control the sale and possession of marijuana.”

John Dennis, the Republican nominee to challenge House Speaker Nancy Pelosi in the 8th Congressional District, said Prop. 19 would help “restore freedom to adults over what they choose to consume. In addition, it will help reduce violence between rival drug gangs and law enforcement along the U.S./Mexico border. While not perfect, Prop. 19 is a big step in the right direction.”

As the public marijuana debate continues to sweep across the nation, politicians in every state will have to address the possibility of legalization. Better yet, the federal government will soon have to address the hypocrisy and the ultimate failures of the War on Drugs.

California's Cannabis Culture

Already leading the nation in marijuana reform by enacting Prop. 215 (the Compassionate Use Act of 1996), California voters will have another chance to take part in this historic movement as Prop. 19 awaits passage this November. If the legalization of marijuana for adult recreational use passes, the rest of nation will be looking at California with much anticipation.

In this short and sweet documentary, Amanda Van West takes us into California to explore it's deep rooted cannabis culture. We hear the from of a variety activists, proponents and opponents alike. Alex Woon, one of SSDP's Board of Directors, is featured in the video.

Marijuana Legalization Ballot Statements Offer Contrasting Realities

The ballot arguments for Prop. 19, California's initiative to legalize marijuana, seem to claim two different realities.

On one hand, U.S. Senator Dianne Feinstein and Mothers Against Drunk Driving (MADD) president Laura Dean-Mooney argue against Prop 19:

Mothers Against Drunk Driving (MADD) strongly opposes Prop. 19 because it will prevent bus and trucking companies from requiring their drivers to be drug-free. Companies won't be able to take action against a "stoned" driver until after he or she has a wreck, not before.

The California Chamber of Commerced found that "if passed, this initiative could result in employers losing public contracts and grants because they no longer effectively enforce the drug-free workplace requirements outlined by the federal government...

Proposition 19 is simply a jumbled legal nightmare that will make our highways, our workplaces and our communities less safe.

Interestingly, the "protect the children" claim was left out of the argument. Nobody can deny that marijuana prohibition has been an outright failure because marijuana is currently easier for kids to get than alcohol. It seems that the opposition is trying a new approach:

"Employers who permit employees to sell cosmetics or school candy bars to co-workers in the office, may now also be required to allow any employee with a "license" to sell marijuana in the office."

It is far too unrealistic that your co-worker would actually be permitted to sell marijuana on your coffee break. The opposition has attempted to create a wild scene where marijuana is carelessly regulated.

Retired San Jose Police Chief Joseph McNamara, former Orange County Superior Court Judge James Gray, and retired Los Angeles Police Department Deputy Chief Stephen Downing argue for Prop 19:

Prop 19. maintains strict criminal penalties for driving under the influence, increases penalties for providing marijuana to minor, and bans smoking it in public, on school grounds, and around minors.

Prop. 19 keeps workplaces safe by preserving the right of employers to maintain a drug-free workplace.

Outlawing marijuana hasn't stopped 100 million Americans from trying it. But we can control it, make it harder for kids to get, weaken cartels, focus police resources on violent crime, and generate billions in revenue and savings.

The pro legalization argument also highlights the negative effects of the "War on Drugs". It acknowledges that prohibition has created more crime and violence by establishing a black market. While there is $14 billion in marijuana sales every year in California, none of that goes to our debt-ridden state.

CA Prop. 19 is currently winning, 50% yes to 40% no, according to a new SurveyUSA poll of likely voters sponsored by CBS 5 KPIX-TV. There is some speculation of a slight reverse "Bradley effect," where some voters are embarrassed to openly support Prop. 19, and are claiming opposition to a live interviewer. This may explain why SurveyUSA's automatic poll, without a live interviewer, shows more support for Prop. 19.

Legalizing Marijuana is Top Idea on Republican Voting Site

Currently on the Republican website “AmericaSpeakingOut.com”, the issue of Marijuana legalization has become the most voted on issue. In the “Open Mic” section, where web users are encouraged to “start your own debate”, Marijuana legalization stands at the top, with 1,800 votes.

In second place is…also marijuana legalization, with 1,003 votes. If you add up all of the similarly worded marijuana legalization topic votes, vs. all the non-related votes, you get 5,088 votes for marijuana legalization, and 3,097 votes for all other topics. The message is clear: people, on both sides of the aisle, want marijuana legalized. However, Washington, as always, is so far removed from the population at large, and so soaked in both rhetoric and money that you would never be able to tell from Congressional debates on/around the subject that this was the case. Frankly put, the writing is on the wall that this is what the people want, and in addition to outright opposition, you now have a sort of filibuster, or suing for time, taking place on the national level.

Whether it be the Obama administration’s claim that “legalization isn’t in our vocabulary” (see his derision here with commentary from The Young Turks), or our continued support (both direct and indirect) of devastating chemical attacks on the environment in both Mexico and Columbia.

What remains to be seen now is how the GOP will tackle this. In a surprising way, the GOP (often thought of as the more out-of-touch party on this issue), has been much more receptive to its more vocal members in the past few years. The Tea Party Takeover of the GOP has been swift and decisive, and not only are many Tea Partiers in favor of reducing or ending the War on Drugs, but today’s Republican Party is more malleable than it has been in over a decade.

If marijuana legalization takes off in the conservative blogosphere and grassroots networks, then who knows? Maybe the final push drug policy reformers have been waiting for will come from the Right.

High School Newspaper Canceled for Marijuana Legalization Editorial

The Big Spring Independent School District in Texas decided to censor Big Spring High School's semester closing issue of the school's paper, The Corral, because it contained a pro-marijuana legalization editorial written by a student. District Superintendent Steven Saldivar took the action because he said the editorial ran contrary to the district's long-stated position on drug usage.

"We were embarrassed by it," Saldivar said. "At the same time we're trying to get kids to see the dangers of using drugs, (The Corral) ran that editorial. In no way do we advocate legalizing drugs, so we didn't feel this was something that was in our best interests to support."

Recently graduated Editor-in-Chief Marisa Nieto doesn't see why the editorial is considered inappropriate.

"I just couldn't believe that someone was making such a big deal out of such a little thing in my eyes," she said. "It was just an editorial on legalizing marijuana and giving facts on it. That's it."

It would seem that students have a right to freedom of speech. However, in the 1980's, the Supreme Court ruled public schools have the final say when it comes to student publication content. In protest, Big Spring High School journalism teacher Bill Riggs resigned. Some Big Spring residents were also unhappy with the decision.

"Why are we going to only provide them with a minimum of what the ideas and concepts of what journalism are?" Big Spring resident, Lisa Trejo, said. "So they can be prepared for what; half-way (knowledge) of how to do their job when they get into the real world, because their ISD wanted to protect them? That's not fair."

A zero-tolerance policy on the open discussion of drug use and prohibition is really a step backwards. It is this kind of close mindedness that prevents us from collectively progressing towards a more just and compassionate future. 


While the Supreme Court  has ruled that school districts can censor school publications, the Court has also ruled, thanks in large part to SSDP, that free speech about drug policy reform is protected in schools and students can not be punished for discussing drug policy. 


We hope to see a SSDP chapter start at Big Spring High School.

Allen St. Pierre Vaporizes Oppostion in ABC Debate

The word destroy didn't do this justice so I searched for some synonyms: annihilate, demolish, obliterate, exterminate, consume, crush; and then I saw it. Vaporize. Allen St. Pierre vaporized this guy!

His opponent, Brian Darling from the Heritage Foundation clearly got in over his head on this one. He fumbles around looking for things to bring up while touting his alcohol and chewing tobacco habits. He never brings up any statistics throughout the entire debate.

This debate on marijuana legalization was part of ABC's Nightline Twittercast which allows viewers to tweet in their opinions on the subjects.