Marijuana Legalization: Oregon, Washington Initiatives Fall Short

They will not be freeing the weed in the Pacific Northwest this November, at least not via ballot measures. Attempts to place marijuana legalization initiatives on the ballot in Oregon and Washington came up short as organizers were unable to gather sufficient signatures by last Friday's deadline.

In Oregon, the Oregon Cannabis Tax Act, sponsored by Oregon NORML and medical marijuana entrepreneur Paul Stanford, did not come close. It needed about 100,000 signatures, but only had 12,000 at the latest report.

In a message to supporters last Friday, Stanford said: "Unfortunately, the Oregon Cannabis Tax Act initiative petition campaign in Oregon has fallen well short of qualifying for a vote this year. To all of you who gathered signatures, donated your hard earned money or supported OCTA 2010 in any way, we thank you for support! We are considering how to proceed in the future. If you have any ideas or concerns, please let us know."

In Washington, Sensible Washington, the sponsors of the I-1068 legalization initiative, conceded last week that they, too, would fail to make the November ballot. They needed 241,000 valid signatures, but estimated they would come up short by 40,000 to 50,000.

"It's my sad duty to inform you all that I-1068 will not make it," Sensible Washington's Philip Dawdy told supporters. "We're going to fall short. So I'm asking you all to stand down immediately, relax, regroup and let's all push on for the future. In the end, we couldn't overcome this spring's awful weather and the ACLU of Washington actively working against I-1068. [Seattle marijuana defense attorney] Douglas [Hiatt] and I and everyone else are all humbled by your efforts. The battle may be lost, but the war goes on."

The ACLU of Washington had refused to endorse the initiative because it contained no provisions for regulating marijuana -- it simply removed marijuana from the state's list of controlled substances and repealed penalties. Sensible Washington argued that Washington law prevented them from addressing regulation and that they sought to avoid conflict between the state and the federal government, but ACLU-WA disagreed.

The initiative suffered another mortal blow last month, when, after a brief courtship, the Service Employees International Union declined to help get it over the top. Washington SEIU spokesman Adam Glickman told Publicola last month the initiative would be "open to a lot of attacks -- attacks around law enforcement issues" and that "losing th[e] campaign wouldn't be very helpful."

[Ed: It's not clear to me why Washington law should have prevented Sensible Seattle from addressing regulation in the initiative text. The Washington medical marijuana initiative which passed in 1998, I-692, contained several pages of regulation, and it qualified for the ballot. Therefore Washington law does not disallow regulation within initiative language. The federal vs. state question is a more interesting one. - DB]



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