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Election Impact

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many measures, the 2014 elections did not bode well for the Democrats. However,
when asked to vote on issues that are typically considered, “liberal” or
“democratic,” voters backed progr

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many measures, the 2014 elections did not bode well for the Democrats. However,
when asked to vote on issues that are typically considered, “liberal” or
“democratic,” voters backed progressive ballot initiatives nationwide. This is
particularly evident in the realm of criminal justice. Lawmakers are starting
to embrace the idea of “smart-on crime” instead of the tired and broken
“tough-on-crime.” There were many ballot initiatives that looked to focus on
eliminating and reducing penalties for crimes that really cry out for public
health or rehabilitative policies. The impact will hopefully allow law
enforcement to focus more on serious and violent crimes.

Cannabis
was of course, the star of the 2014 elections. Alaska, Oregon became the third
and fourth states to legalize cannabis and Washington, D.C. voted in favor of
legalization. In Alaska and Oregon, the initiatives legalized possession and
cultivation of cannabis and also created a sales and taxation scheme. In
Washington, D.C., Initiative 71 legalized adult use, possession and cultivation
for personal use. The Council of D.C. will consider a bill that would allow for
the regulation and taxation of cannabis sales. The passage of Initiative 71 in
the federal government’s backyard represents one of the biggest symbolic shifts
in U.S. cannabis policy.

Each
campaign took a different but successful approach. In Alaska, the focus was all
about the fact that cannabis holds the same risks as alcohol. In D.C., the
focus was on the racial disparity in arrests. Additionally, two cities in New
Mexico voted to decriminalize cannabis. Tom Angell, chairman of the Marijuana
Majority, correctly stated, “ . . . it’s going to be increasingly difficult for
national politicians to continue ignoring the growing majority of voters who
want to end prohibition. “ He went on to say that the 2016 presidential
candidates need to start courting the cannabis constituency and that the road
to the White House quite literally travels through legal cannabis territory.

California
also dealt a blow to the prison system and “War On Drugs” when voters passed
Proposition 47. The initiative reduces the penalties for low-level nonviolent
offenses including many drug and property crimes. This change means the
sentences for conviction are lower and the impact on one’s criminal record is
less damaging. For example many job and voting restrictions only apply to
felonies. The initiative also allows for nearly 10,000 inmates to apply for
re-sentencing. The state Legislative Analyst’s Office estimates that the new
measure will save hundreds of millions of dollars on prisons. That money is to
be redirected to education, mental health and addiction services, a novel
approach that reformers hope will serve as a model in the larger push against
mass incarceration.

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After
this election, it’s fair to say that legalization proponents now have real
momentum for 2016. There are efforts underway in California, Massachusetts,
Maine, Nevada and Arizona. The issue has proved to be mainstream and one that
lends itself to bipartisan support. It’s quite possible we could even see
lawmakers undertake legislative efforts to legalize cannabis and get ahead of
the voters. There is no question we will see prohibitionist double down and
continue to spew the dangers of cannabis and continue to peddle reefer-madness
but make no mistake, there’s no turning back now. The future is green.

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