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Published 2008-06-25 16:20:00
 


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In A Great Victory For Freedom, The Voters Send The Right Messages. But Who Is Listening?

November 4, 1998

Analysis By Richard Cowan

The marijuana reform movement won all of yesterday’s 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. Paul’s 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 FDA’s 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. Yesterday’s 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 AMR’s 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 It’s 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 yesterday’s 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 public’s right to know or the government’s 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 yesterday’s 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
Can’t 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 Barr’s 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 nation’s 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 yesterday’s elections were really better than I had dared hope. We are in a new chapter, but there is much work yet to be done.

State Measure

  % Yes

% No

Oregon Medical Marijuana

54

46

Oregon Recrim

33 for Recrim

67 Against Recrim

Nevada Medical Marijuana

58

41

Washington Medical Marijuana
a majority  in  every Congressional  district

59

41

Alaska Medical Marijuana

58

42

D.C. Medical Marijuana (exit poll)

69

31

Arizona Medical Marijuana, etc.

57 (no to rejection)

43

Colorado non-binding results

57

43

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