For immediate release, May 20, 2011
Contact: Legalize2012.com
1-877-420-4205
info@legalize2012.com
Restrictive Pot Initiatives Complicate Colorado Cannabis Reform
Will out-of-state interests amend Colorado's Constitution again?
{Denver} -- On the heals of historic grassroots victories in the
state legislature, Colorado cannabis patients and advocates are
confused and surprised by an attempt to undermine these victories
by a conservative faction of national and local drug policy reform
groups.
According to the Denver Post, members of the Marijuana Policy Project,
the Drug Policy Alliance, SAFER and Sensible developed 8 different
versions of a ballot initiative and filed them with the Colorado
Secretary of State on Thursday, May 19, 2011. The MPP/DPA/Sensible/SAFER
initiative would create a Constitutional amendment for a marijuana
distribution system controlled by law enforcement.
http://www.denverpost.com/breakingnews/ci_18099454
This filing comes as a surprise to other cannabis reform groups
in Colorado. Members of the Legalize2012 Campaign, who have been
working on their own ballot initiative language for over a year,
were shown a draft of one of the MPP/DPA initiatives only a few
days ago. The MPP/DPA/SAFER/Sensible alliance never indicated that
they were on the verge of filing. On the contrary, they had seemed
open to listening to ideas from other groups in the state.
Westword editor Patricia Calhoun had recently agreed to moderate
a community policy debate on June 22 amongst all the cannabis reform
groups that were considering running ballot initiatives in 2012.
The event was to be called "The
Great Legalization Debates of 2012 - Part One", scheduled
for June 22 at Casselman's Bar and Venue in Downtown Denver. The
debate was conceptualized by the Cannabis Policy Institute as a
way to start to bring the cannabis movement together in Colorado
to search for common ground in future cannabis policy reform and
2012 ballot initiatives.
Mason Tvert of SAFER had agreed to participate, and had just sent
an email to Legalize2012.com on May 16, 2011 that said, "I
can't stop thinking about how exciting and impactful it would be
if we were able to join forces and move forward together. It would
be such a huge catalyst for the movement, and we could really make
things happen."
Given Tvert's letter on Monday, Laura Kriho of the Legalize2012.com
Campaign and the Cannabis Therapy Institute was very surprised to
hear that they had filed the initiatives today. "I'm not sure
why they did this without telling anybody. Even the legislature
gave us more notice to comment on their proposed legislation than
they did. It really shows their bad faith. This is the same strategy
that MPP/DPA used in 1998 in Colorado when they wrote Amendment
20. Their goal is to divide and ignore the grassroots, and win an
initiative no matter what the initiative says."
As of 11:30pm on Thursday night, no mention of the 8 initiatives
is made on any MPP/DPA/SAFER/Sensible website. SAFER did provide
Legalize2012.com with a draft on May 12, 2011. Click here to read
it:
http://www.cannabistherapyinstitute.com/inits/mpp.dpa.safer.sensible.may12.pdf
According to the May 12 draft, the proposed Constitutional amendment
mimics HB 10-1284, a law created by the Colorado legislature in
2010 that gutted Colorado's medical marijuana law. HB 10-1284 took
control of the medical marijuana program out of the health agency
and gave it to law enforcement within the Department of Revenue.
Senator Chris Romer (D-Denver) who authored the HB 10-1284, said
the bill was designed to put 80% of the dispensaries in Colorado
out of business. Many grassroots cannabis reform groups, legislators,
and attorneys in Colorado opposed HB 10-1284 and lobbied aggressively
against it for almost 2 years. The bill attacked patient privacy
and removed Constitutional protection from caregivers and patients.
The bill created a whole new branch of law enforcement dedicated
to cannabis. The MMC model has been subjected to increasingly expensive
over-regulation, and many of the smaller businesses have been forced
out.
The DOR has been adversarial to the medical marijuana program from
the beginning. They have denied licenses without good cause, harassed
applicants, held secret meetings, and are on the verge of going
online with a massive Patient and Medicine Tracking Database and
Surveillance System that will track every seed and gram in the state.
The DOR has not granted one license to an MMC applicant, in almost
a year since they started accepting applications. Why does MPP/DPA/Sensible/SAFER
trust the DOR so much and want to give them total control over cannabis
in Colorado?
"I would at least wait until the Department of Revenue had
issued one license to an MMC applicant successfully, before I submitted
an initiative law that let the DOR run a whole new marijuana program,"
says Kriho.
INITIATIVE LANGUAGE FLAWS
SAFER provided Legalize2012.com with a draft on May 12, 2011. Click
here to read it:
http://www.cannabistherapyinstitute.com/inits/mpp.dpa.safer.sensible.may12.pdf
Ironically, Denver conservative cannabis group SAFER has always
espoused the belief that marijuana should be treated like alcohol.
But the MPP/DPA/Sensible/SAFER (MDSS) initiative treats cannabis
much stricter than alcohol. By limiting cannabis consumers to one
ounce at a time, unlike alcohol with no limits, the MDSS initiative
will ensure greater scrutiny on cannabis consumers than any alcohol
consumer ever had. Currently, two ounces or less of cannabis is
a "petty offense" in Colorado and results in only a ticket
and $100 fine. Medical patients are also allowed to have two ounces
under Amendment 20. Creating a Constitutional standard that only
one ounce is safe will only cause confusion.
A one-ounce standard will also require the Department of Revenue
to convert their massive Patient and Medicine Tracking Database
and Surveillance System to a massive database for all cannabis and
cannabis users, to track how much cannabis is bought and sold. The
MDSS initiative does contain some language that attempts to restrict
the Department of Revenue from gathering names of cannabis consumers,
but this provision is not well-worded, and may be thrown out as
unenforceable.
The MDSS Initiative would also allow for and set Constitutional
standards for driving discrimination, employment discrimination,
and tenant discrimination of marijuana users. The MDSS Initiative
makes "Driving Under the Influence of Marijuana" a new
Constitutional crime, completely wiping away victories scored by
patient advocates to kill a THC/DUI bill in the state legislature
this year.
Some of the 8 versions of the MDSS Initiative reportedly also allow
a 15% excise tax, which will create more funding for the Department
of Revenue marijuana police force. The MMED already has a budget
larger than the entire Colorado Bureau of Investigation, all funded
by the medical marijuana industry. Do we really want to be handing
over a 15% per ounce extra tax to buy more handcuffs?
This initiative exacerbates the situation created by HB 1284: one
group of cannabis consumers is now paying to prosecute, harass and
discriminate against the other group of cannabis consumers. Good
pot users paying to jail bad pot users. We have seen with the bloated
MMED budget that all their money is going to investigate, track
and harass medical cannabis consumers. Do we really want to unleash
this law enforcement force onto all cannabis users? This is not
is "legalization".
The lines have been clearly set now on the division of cannabis
reform policy in Colorado. The MPP/DPA/Sensible/SAFER initiative
has chosen to ignore any local efforts for a real legalization ballot
initiative in favor of writing an initiative that appeals to law
enforcement. They have decided that they don't want to work with
anyone else in the state and are unwilling to compromise on their
language. They have decided that instead of helping to fix the flaws
in Amendment 20, which they wrote, they would amend the Colorado
Constitution with another unworkable, poorly-written law with little
support among long-time activists.
HISTORY OF MPP/DPA IN COLORADO
This unilateral move by MPP/DPA/Sensible/SAFER cast doubts that
any cannabis law reform ballot initiative in Colorado would be successful.
These conservative groups seem to want to duplicate the strategy
of dividing and ignoring the progressive grassroots, as MPP/DPA
did in their medical marijuana campaigns of 1997/98 nationwide.
Many people don't know that billionaire currency manipulator George
Soros funded Amendment 20 in 1997/98 through the Marijuana Policy
Project (MPP), headed by Rob Kampia in DC, and the Open Society
Institute, headed by Ethan Nadelmann. Nadelmann now works with the
Drug Policy Alliance, based in New York and California, but also
funded by Soros. Bill Zimmerman and Dave Fratello of Americans for
Medical Rights, based in Santa Monica, CA were hired to run the
1997/98 medical marijuana ballot initiative campaigns in 4 states.
DIVIDING GRASSROOTS SUPPORT
Then, their strategy was to ignore and divide grassroots support
for cannabis reform by introducing initiatives that competed with
initiatives sponsored by local groups in Colorado, Maine, Alaska
and Washington, D.C.
In DC, MPP submitted a competing initiative to local ACT/UP medical
marijuana initiative, after the locals had already collected thousands
of signatures. AIDS activist Steve Michael literally died while
fighting MPPs plans to destroy the ACT/UP medical initiative. A
few weeks before his death, he was attacking them in the press:
"Over my dead body: California firm admits plans to run
own Initiative in DC"
http://www.levellers.org/dc1.htm
The strategy to divide the grassroots was intentional. Read:
"Can we win the war without the troops? An Analysis of
the Americans for Medical Rights Medical Marijuana Ballot Initiative
Strategies in the 1998 General Election"
http://www.levellers.org/inits98anal.htm
Cannabis activists statewide are shocked by the MPP/DPA/Sensible/SAFER
strategy of refusing to work with any of the other activist groups
working on statewide cannabis initiatives
MPP/DPA DOES NOT SUPPORT PAST INITIATIVES
After the signatures for Amendment 20 were collected in 1998, Americans
for Medical Rights disconnected their phone and took down the website.
MPP/DPA has not provided a dime to help support Amendment 20, or
any of the other laws they have written in other states. Every attorney
in Colorado agrees that Amendment 20 was poorly-written, but MPP/DPA
has not supported efforts to fix their law through the legislature
or the legal system. They amended the Constitution with what they
called a "symbolic" amendment in 2000, despite the concerns
of local activists. They will same thing again in 2012. We will
be left with another unworkable and poorly-written law in the Colorado
Constitution.
Click here to read letters written to Ethan Nadelmann in 1998 and
1999 concerning their divisive strategies:
http://www.levellers.org/cohip/ethan.lets.html
ACTION ALERT
Please email MPP/DPA/SAFER/Sensible and ask them to withdraw their
language and participate in the community policy debate, schedule
for June 22 at Casselman's, to be moderated by Patricia Calhoun.
Tell them that you are appalled that they have chosen not to try
to work with other local activists, and that you will not be supporting
their organizations.
Ethan Nadelmann <enadelmann@drugpolicy.org>
Brian Vicente <brian@sensiblecolorado.org>
Steve Fox <sfox@mpp.org>
Mason Tvert <mason@saferchoice.org>
Graham Boyd <gboyd@aclu.org>
Art Way <away@drugpolicy.org>
Sean McAllister <mclawoffice@comcast.net>
Rob Kampia <rob@mpp.org>
Rob Corry <robert.corry@comcast.net>
Please send copies to info@legalize2012.com
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C.A.R.E STATEMENT
A statement by the Colorado Cannabis Alliance (C.A.R.E .) echoes
the Legalize2012 Campaigns concerns:
<rico@cannabis-alliance.org>
"Regarding the 8 initiatives filed today by SAFER and Sensible
Colorado the in state proxies of the Marijuana Policy Project and
the Drug Policy Alliance. We find the fact that this language was
not presented for public comment disturbing, and the rejection of
our many concerns expressed unfortunate. It would appear that a
secret panel of attorneys many whom do not even live in Colorado,
have deemed themselves worthy of amending our State Constitution
which affects us all, to benefit the long term goals of a few. C.A.R.E
has deep concerns that Colorado is being used as a petri dish to
move a self motivated version of a national dialogue on cannabis
law reform forward at the expense of safe patient access. The very
same attorneys who supported the most draconian medical laws in
Colorado to date, now intend to conveniently provide the solution."
"Do the sponsors even care about the effect this may have
on medical marijuana patients? Do they honestly think our Constitutional
rights are a national business opportunity? In our opinion the draft
initiative we have seen is not progressive enough to risk what little
is left of safe patient access and apply yet more negative attention
on the burdening MMJ industry. We will reserve our final judgment
until we read all initiatives filed, but if it's the same commerce
oriented language that does not address the true issues of the drug
war complex it will be challenged."
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