January 4, 2017
Four years ago, two states broke with the federal government regarding marijuana policy. Colorado and Washington decided simple possession, cultivation, purchase and private use of marijuana by adults is no longer a criminal issue. These victories initially led the way for Oregon, Alaska and Washington, D.C., and eventually to the current gold standard of legalization: California’s Prop 64.
Naturally and deservedly, the impact of the resulting industry in Colorado and Washington has received the bulk of the media attention. But it is important to remember the initiatives were about much more than dollars and the impact of capitalism. Amendment 64 and Initiative I-502 represented a crack in the foundation of our longest running war – the drug war.
These initiatives attempted to establish drug policy on a crazy thing called reason. It was a new approach from the moral, fear based and historically discriminatory approach to marijuana use, possession and sales in the U.S. A reality-based approach to marijuana is sensible criminal justice reform that was a long overdue.
If people seemed intent on using this substance as they have for centuries, how can we reduce the harm and be open to potential benefits? How can we address marijuana outside of arrests and hindering people with resulting collateral consequences, including mass incarceration? Is there a way to legally tax this substance and maintain public safety and health benchmarks? CO and WA were the first to prove that when put to the vote of the people the answer is yes.
But new questions soon were asked. Why aren’t the new rights and decriminalization retroactive? Will young people now face even more scrutiny from prohibitionists and police? Is the new industry making the best of its shotgun marriage with poor, industrially located, communities of color? Are the barriers to entry within the industry too high, only allowing for the rich and those untouched by the criminal system to play ball? How can marijuana legalization also repair the harm to those most impacted by the drug war? What is the best use of marijuana tax revenues?
California’s Proposition 64, the new gold standard, answers many of these questions. All rights and penalty reductions provided in the initiative are retroactive. More importantly, the initiative decriminalized more than use, possession and cultivation.
It decriminalized person-to-person sales resulting in the retroactive release of many who were in prison for that crime and replaced their one-time felonies with misdemeanors. Prop. 64 reduced all marijuana-related charges for people under 18 making arrests and jail time nearly impossible for youth. A micro-license structure was established to ensure those who aren’t millionaires can take part in the industry, including those with previous drug felonies. Also, a grant program was established to benefit communities most harmed by past drug war enforcement.
This is why Drug Policy Alliance considered Prop. 64 (an initiative co-authored by DPA) the gold standard of marijuana legalization. We looked at what came before and refined it. But we must remember the originals who changed the game and brought reason to drug policy.
The original initiatives weren’t perfect out the box but thousands of people in Colorado and Washington know what it is to purchase marijuana legally. Thousands of people know what it is to get up and go to work at a marijuana-related facility. Those who advocate for the homeless in Colorado will more than likely receive $12 million to increase housing opportunities across the state. Washington and Colorado are studying the cannabis plant at a level surpassing our federal government.
Yes, things can get better as Prop. 64 has shown. But one full general election cycle later, we must commemorate the originals. We salute the states, voters, advocates and regulators that laid the marijuana legalization foundation – a solid criminal justice reform base for reformers to build on moving forward.
Art Way is Senior Director of the Drug Policy Alliance’s National Criminal Justice Reform Strategy and State Director of DPA’s Colorado Office.