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Medical marijuana was a popular subject of the initiative movement throughout the late 1990s and into 2000. Beginning in 2000, drug policy in general became a topic for consideration, and that trend has continued into 2002. Voters in three states and the District of Columbia will consider drug policy initiatives this year.

As is the case with several issues that appear as initiatives on ballots around the country, the effort to change drug policy laws is led and financed by a national organization with deep pockets. A California group called the Campaign for New Drug Policies (CNDP) has been active in at least thirteen of the fifteen drug policy measures on state ballots since 1996. CNDP was founded by a trio of wealthy individuals - George Soros, Peter Lewis and John Sperling. The group has had remarkable success, with their only loss in Alaska's 2000 election. Voters there turned down Measure 5, which would have legalized marijuana for anyone 18 or older and regulated marijuana like an alcoholic beverage.

A second national group, the Drug Policy Alliance (DPA), is also active in state campaigns, and a third national group, the National Drug Strategy Network provides nonpartisan information on the worldwide problems associated with drugs.

How does this compare to previous years?

• In 2000, there were drug policy measures on the ballot in seven states. To read a summary of the 2000 measures, click here.
• In 1999, voters in Maine passed an initiative legalizing marijuana for medical use.
• In 1998, five states considered initiatives to legalize marijuana for medical use. They were Alaska, Arizona, Nevada, Oregon, and Washington. Medical marijuana was also on the ballot in Colorado and the District of Columbia in 1998, but votes were not counted because those measures had been ruled invalid by the courts.
• In 1996, Arizona and California voters passed initiatives legalizing medical marijuana.

Skip to a list of all drug policy measures on the 2002 ballot.

The effort to reform drug policy in Arizona goes back to 1996, when Arizona voters passed Proposition 200. Prop. 200 legalized Schedule I drugs (including heroin, LSD, and marijuana) for medical use and modified probation, sentencing and treatment laws for drug offenders. The Legislature subsequently repealed parts of the laws created by Proposition 200. In 1998, drug policy reform advocates succeeded in placing the Legislature's action on the ballot in the form of two popular referenda, Proposition 300 and 301. Voters rejected the Legislature's action, reinstating the original provisions of Proposition 200.

This year, Arizona's drug policy measure is quite broad, encompassing a number of related subjects. It essentially expands the provisions already made law by 1996's Prop. 200.

Proposition 203 has the following provisions:

• Decriminalizes the possession of two ounces or less of marijuana; imposes civil fine of $250 for first or second offense and $750 for a third or subsequent offense within a two-year period. Judges may waive fines upon completion of a court-approved drug education program.
• Requires the Department of Public Safety to provide not more than two ounces of marijuana free of charge to each person who is qualified to use marijuana for medical purposes.
• Requires the Department of Health to issue registry identification cards to Arizona residents who are at least 18 years of age, pay a $50 fee, and provide written documentation from a doctor that marijuana may mitigate the symptoms of a debilitating medical condition suffered by the applicant.
• Increases by 50% the maximum penalty for any person who is convicted of committing a violent crime while under the influence of a controlled substance.
• Specifies that property seized in relation to a drug offense may not be forfeited unless the owner is convicted of the offense and the court finds that the property was instrumental in committing or facilitating the offense or was the proceeds of the offense.

According to a campaign finance report dated October 23, 2002, available from the Arizona Secretary of State, The People Have Spoken (the pro-Prop. 203 side) has taken in $1,968,523 to date. About $35,000 came in the form of in-kind contributions from DPAhttp://www.drugpolicy.org/

, and $1.8 million from the three founding members of CNDP.

Opponents of the measure, a group called Battleground Arizona, have raised $106,205.

Measure 62 in Washington, D.C. would provide substance abuse treatment instead of conviction or imprisonment to eligible, non-violent defendants charged with illegal possession or use of Schedule II drugs (cocaine, PCP, morphine, methamphetamine). This measure is sponsored jointly by CNDP and DPA. Visit the initiative proponents' web site for more information.

Nevada's Question 9 is the most controversial drug policy initiative on the ballot this year. It would legalize the possession of up to three ounces of marijuana for any person age 21 or older and require the state to regulate the sale of marijuana. If Question 9 passes this year, voters will have to pass it again in 2004 before it becomes law.

The measure's main proponent is a group called Nevadans for Responsible Law Enforcement. U.S. drug czar John Walters has become the measure's most vocal opponent.

Click here to read a recent Time magazine story about Nevada's Question 9.

This is not the first time a marijuana-legalization measure has been on the ballot. In 2000, Alaska voters rejected Measure 5, which would have decriminalized marijuana for anyone 18 and over. Private marijuana use was legalized in 1975 in Alaska by a state Supreme Court ruling. In 1983, the state legislature limited the amount a person could legally possess to four ounces or less. Then in 1990, a voter initiative made marijuana illegal again.

Ohio's Issue 1 is similar to Proposition 36, passed in California in 2000. It amends the state constitution to require treatment instead of incarceration program for individuals charged with or convicted of illegal possession or use of a controlled substance, and limits incarceration to a maximum of ninety days for any qualifying drug offense. The major proponent of Issue 1 is the Ohio Campaign for New Drug Policies. It is another cooperative effort of CNDP and DPA.

For more information contact Jennie Drage Bowser elections-info@ncsl.org..