The Pot Thickens

If President George W. Bush's squeaky reelection is supposed to be a mandate on conservative moral values, how do you explain that 17 out of 20 pro-marijuana initiatives on ballots nationwide were approved?

For instance, look at Montana: Energized evangelical voters in this pro-Bush state led a charge that amended their state constitution to make gay marriage illegal, but they also approved of medical marijuana by a massive 62 to 38 percent. The churches obviously didn't mobilize against pot like White House Drug Czar John Walters urged them to do. In fact, this election may be the breakthrough on marijuana legalization in general: Conservatives nationwide came out in favor of pot as medicine.

Most notable was Alaska's losing proposal to make all marijuana legal, and to tax and regulate it like alcohol or tobacco. It was almost sure to lose, as was Oregon's marijuana dispensary proposal, but both powered the initiation far forward. A study by Boreal Economic Research & Analysis in Fairbanks powered the initiative, estimating that marijuana prohibition costs the state more than $28 million a year, but the state could generate $10-12 million annually if marijuana were taxed like alcohol and tobacco, for a possible budget gain of $40 million. That was persuasive to 43 percent of voters there, and the legislature has to debate it now for the first time.

"We're actually going to see that debate happening in at least Alaska and Nevada, but maybe also Vermont," says Rob Kampia, executive director of the Marijuana Policy Project. "So next year's going to be a new high water mark."

Were any of these proposals on the ballot November 2 breaking new ground?

Rob Kampia: The Montana initiative on medical marijuana is very similar to the nine states that already have medical marijuana laws, so it is now the 10th. Oregon is one of the nine states that has a medical marijuana law. The initiative allowed nonprofit dispensaries to sell medical marijuana to patients. No state has actually authorized a system where patients can go into a pharmacy-like establishment. If the Oregon measure had passed, then that would be the first state to allow the sale of marijuana in any context. There has never been a proposal like the one in Oregon. It's cutting edge.

Alaska's was bold.

The Alaska initiative was a slightly more conservative version of the radical initiative that failed in 2000, 41 to 59 percent. The new one would remove penalties for adults aged 21 and older who want to use marijuana for any reason. And it would tax and regulate it like tobacco and alcohol. And it also maintains penalties for selling marijuana to kids, driving under the influence, and smoking marijuana in public. The one from four years ago had the age at 18 instead of 21; it would have granted amnesty and restitution to marijuana offenders.

Is this the first time they would actually impose this kind of tax and regulation system since the original 1937 tax act?

Yeah, no system has ever been in place in this country, even before marijuana was outlawed in 1937. This vote was the fifth vote on a broad-based marijuana measure in the history of the country. The first failed in California in the early-'70s. The second failed in Oregon in 1986. The third failed in Alaska in 2000. The fourth failed in Nevada in 2002. And this is the fifth now.

What if it were to pass? Would users wake up the next day and find pot taxed out of reach?

The marijuana would have to be cheaper or people would just buy it from the criminal market. The tax revenues would be a substantial fraction of the state budget. Taxing and regulating marijuana would have basically allowed Alaskans to a) not raise taxes, and b) not dip into the permanent fund. So anyone who cares about money should vote for this, but of course a lot of people vote against these initiatives for what they consider to be moral reasons.