November 4, 1998 Analysis By Richard Cowan
The marijuana reform movement won all of yesterdays referenda, and some of the
most prominent opponents of medical marijuana were defeated. Moreover, critics of
marijuana prohibition won in a variety of races.
As NORML observed in its press release today "Voters in states across the nation
sent an unmistakable message to Congress yesterday: legalize the use of marijuana as a
medicine."
See
Message From Voters To Washington: Legalize
Medical Marijuana
Measures Protecting Patients Pass in Five States, District of Columbia NORML Weekly P R
November 4
But that was not the only message, nor was Congress the only group that needs to be
listening.
Of course, the Congress is a good place to start. Less than 60 days ago, the House of
Representatives voted overwhelmingly for a "Sense of the House" resolution
"expressing the sense of Congress that marijuana is a dangerous and addictive drug
and should not be legalized for medicinal use."
See
The Congressional
Record On The House Medical Marijuana Debate Requires Powerful Anti-Emetics
Very few Republicans and -- not too many Democrats -- had the courage to vote against
this, but I am not aware of any who were defeated as a result. Moreover, libertarian
Republican Representative Ron Paul of Houston, an outspoken critic of the drug war, was
reelected with 55% of the vote. Pauls anti-prohibitionist position and reelection
have been largely ignored.
See
Representative Ron
Paul Speaks the Truth In Congress And the Roof Does Not Fall
On the other hand, there has been massive national publicity for the colorful Jesse
Ventura who proved in Minnesota that being accused of favoring legalizing marijuana
although that is not exactly what he said may help a person get an independent
"non-politician" image that wins elections.
Meanwhile, at the other end of the evolutionary process, alleged California Attorney
General Dan Lungren, who tried in every way possible to circumvent the will of the voters
by undermining Prop 215, lost in his bid to become Governor. Had he upheld the will of the
people and simply run a sensible "law and order" candidate he might well have
won. Score one for Dennis Peron and Steve Kubby.
See
Lungren Opposed
Medical Marijuana Because "It Would Send The Wrong Message To Children,"
But His Top Donor Is A Winery; Therefore Wine Is Safe For Children
Consequently, elected officials, both as politicians and elected representatives of the
people, have some serious thinking to do. (I started to say "soul searching" but
that presumes something not in evidence.)
First, exactly what is that they are afraid of? Ventura and Paul get elected. Lungren
and Faircloth lose. The various anti-prohibitionist measures win by wide margins. Polls
show that an overwhelming majority of the people favor medical marijuana. Where is the
risk in opposing arresting sick people? That is not a rhetorical question.
Second, in their capacity as elected representatives, in view of the election results
and the polls, just who is it that they are representing, the people or the prohibition
industry? Sick people or the pharmaceutical industry? Ask your various state and federal
representatives just that. It will be amusing to see their answers. The people are not
merely ahead of their leaders, they are marching in a different direction.
Of course, it is not just the politicians who should be discomfited by the elections.
In Arizona, the election was not really about just medical marijuana, although that was
often the way it was portrayed by both sides. When the voters approved Prop 200 in 1996 by
a two thirds margin, it authorized the medical use of all Schedule I drugs with the
prescription by two doctors with medical research justifying it. The legislature responded
by repealing it and banning physicians from prescribing marijuana or any other drug until
it receives approval from the Food and Drug Administration. This was overturned by the
voters by a wide margin. There was some confusion in the reporting because a
"No" vote was a rejection of the rejection of medical marijuana, etc.
See
Arizona
Republicans Use School Children In "Anti-Drug" Rally Against "Medical
Marijuana" Or Something
and
The Arizona
Proposition 200 Situation Explained. Sort of
The Arizona vote went the furthest in explicitly rejecting the FDAs ultimate
authority, but all of the initiatives had that effect. This, of course, is not just a
rejection of the FDA, but also of the authority of organized medicine. Yesterdays
elections gave a resounding vote of "no confidence" to organized medicine.
In Washington State and Nevada the states medical associations opposed the
initiatives, and in Oregon, they were too badly split to decide. Organized medicine quite
literally needs to get its act together. Medical science is vitally important, but it is
not helped by pretending that it is something that it is not. It is certainly true that
medical science should not be determined by a popular vote. That is not what the people
were doing. They were voting on humane policies and against politicized science and
medicine that are failing to address the concerns of the people.
See
Washington State
Medical Association Betrays Its Patients And Shows Its Collective Incompetence
and
Nevada State
Medical Association Opposes Even AMRs Very Restrictive Medical Marijuana Initiative
and
Oregon Medical
Association Declines to Oppose Medical Marijuana; Believe It or Not, This Is A Victory
If there has not been sufficient research on medical effects of marijuana, fine, but has
there been sufficient research on the medical effects of arresting sick and dying people?
That is what is happening. That is also what is being either ignored or actually supported
by much of organized medicine, and to pretend otherwise is collective malpractice on a
scale without equal in the history of modern medicine. This dwarfs the despicable
Tuskeegee experiments by many orders of magnitude. The same question that was asked of the
politicians can now be asked of organized medicine. Who do you represent, the patients or
the pharmaceutical industry?
See
Perhaps The
Single Most Damning Article On Medical Marijuana Fiasco I Have Ever Read Without
Intending To Be
and
Medical Marijuana
and the Degradation of Science-- The Scientist Should Worry About Faust Not
Frankenstein
There is also a message here to law enforcement. It is your job to enforce the laws
fairly and intelligently, not to campaign with public moneys for more arbitrary powers
over matters about which you have no expertise. Above all, it is not your job to subvert
the will of the people by persecuting the sick and dying.
Having sheriffs make pronouncements on what medications patients need takes arrogance
to new heights.
See
Nevada Poll Shows
Medical Marijuana Ahead; Sheriff Says Its A "Scam" -- Most Of Article
Devoted To Prohibitionists
and
Police Chiefs
Oppose Medical Marijuana;
Our Law Enforcement Problems Are Much More Serious Than Our Drug Problems
There is in fact a major scandal here in the misuse of public money by law enforcement try
to corrupt the political process. The fact that we have heard nothing about this brings us
to the next group that needs to heed yesterdays message: The Media.
This election was also a "no confidence" vote for the mass media.
See
Media Give The Drug
Czar Free Ride On Prohibitionist Propaganda Against Medical Marijuana Initiatives -- 2
Articles
The Portland Oregonian strongly backed the campaign to recriminalize marijuana
possession.
See
The Oregonian
Endorses Recrim To Send "A Clearer Message"
Yes, That Students Will Lose Their Federal Aid
It was defeated by a two-thirds margin. Editorial opinions were mixed. Some papers
supported medical marijuana and opposed recrim. Others took just the opposite. Some
supported or opposed both.
USA Today supported medical marijuana and the Washington Post opposed it. The
chattering classes are divided, but overall the media have done a very poor job of
covering the issue.
There were two major deficiencies in the coverage. First, there was minimal reporting
of the fact that medical marijuana users are subject to arrest. This is not just a
theoretical medical question. In this regard the media are guilty of the same malpractice
as organized medicine. They are ignoring medical reality.
Second, they are ignoring political reality. There were endless stories about the
"out-of-state millionaires" who were funding the medical marijuana initiatives,
but there continues to be an almost total blackout on the funding of prohibitionist
propaganda with tax money. This is made all the more offensive by the fact that the media
are now taking money directly from the government for running not just ads but also
prohibitionist content.
See
Magazine Publishers
of America Agree To Feature Prohibitionist Propaganda In Content
To Get Share of $775 Million Ad Campaign
So the question for the media is, again, who and what do you represent, the
publics right to know or the governments subversion of democracy? Will they
even report on what is going on? It will be hard for them to ignore, but even harder to
explain.
The impact of yesterdays victories will be very profound. Over the next few days
we will be able to gauge the reaction of the prohibitionist establishment to this
wholesale rejection of the party line. Two years ago the Drug Czar, Attorney General Reno
and Secretary of HHS Shalala made complete fools of themselves by threatening California
and Arizona doctors. Life has just gotten a lot more complicated for them.
The logical fallback for them should be to reopen the Investigative New Drug Program as
suggested by Judge Katz.
See
Federal Judge Asks
Why Plaintiffs In Class Action Medical Marijuana Suit
Cant Be Given Government Marijuana.
However, they can not afford either to be logical or to appear to fall back.
Prohibitionism does not have a reverse gear. If they agree to medical marijuana in
DEAland, then it will quickly be adopted in the rest of the world. Certainly, the vote in
the North West states is likely to give further impetus to events in Canada. If there is
medical marijuana in Washington and Oregon, then why not in British Columbia, etc.? Once
marijuana is being used by large numbers of people under medical supervision then it will
no longer be possible to hide the truth.
Finally, it will be fun to watch the reaction of the true believers among the
prohibitionists. They are both amusing and disturbing, but remember that these people are
the hard core constituency of prohibitionism. They are important to maintaining the
enormous prohibitionist propaganda apparatus. Some of them are constituents of powerful
Republican prohibitionists like Newt Gingrich. Representative Bob Barrs amendment
blocking the medical marijuana vote in D.C. was as stupid as it was vicious. It will keep
the issue alive and embarrassing for the prohibitionists in the nations capital when
it could have been slowly strangled.
See
ACLU Sues To
Protect Vote On D. C. Medical Marijuana Initiative, Washington Post Reports
We are indeed blessed in our enemies. As the Greeks used to say, whom the gods would
destroy, first they make mad. In Georgia they then elect them to Congress.
The results of yesterdays elections were really better than I had dared hope. We
are in a new chapter, but there is much work yet to be done.