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Medical Marijuana: The Tipping Point

Emma Andersson,
Deputy Director, Criminal Law Reform Project
Rebecca McCray,
Former Managing Editor,
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June 8, 2012

Two recent elections, a New York judge鈥檚 personal plea, a new state law and a new demonstrate that a seismic national shift has occurred in political attitudes toward medical marijuana. This cascade of developments dramatically illustrates just how far we鈥檝e come since California became the first state to legalize medical marijuana in 1996, and it indicates that our collective compassion is eroding the once-ironclad political will to deny an effective medicine to our sick fellow citizens.

In Oregon, retired Judge Ellen Rosenblum鈥檚 in the state鈥檚 primary election for Attorney General gave medical marijuana advocates reason to celebrate. While Rosenblum and her opponent, former federal prosecutor Dwight Holton, held similar views on , it was Rosenblum鈥檚 supportive stance on protecting the rights of medical marijuana patients that propelled her to victory. This race was the first of its kind: a statewide election in which the outcome was determined by the candidates鈥 respective stances on medical marijuana. Rosenblum鈥檚 position in support of medical marijuana helped her overcome both her campaign funding disadvantage and a gap in electoral support as late as three weeks before the election. With no Republican nominee, Rosenblum is the presumptive winner of November鈥檚 general election.

, congressional candidate Beto O鈥橰ourke swept the Democratic primary, beating eight-term incumbent Silvestre Reyes. Reyes鈥 experience in office, legacy and presidential endorsement were no match for the support O鈥橰ourke enjoyed as a result of having advocated for marijuana legalization. Reyes staunchly opposed the legalization of any drug 鈥 he ran an ad campaign against O鈥橰ourke suggesting that 鈥渆ven our children鈥 know better than to support legalization. El Paso voters know a thing or two as well, and they enthusiastically headed to the polls last week in support of O鈥橰ourke and gave Reyes a pink slip.

Back in New York, political support for medical marijuana took an even more unlikely form: a civilly disobedient judge. , who has dedicated more than 40 years of his life to the law and is the midst of a painful battle with pancreatic cancer, came out and admitted in a New York Times editorial that his survival has hinged in large part on his illegal use of marijuana to treat his nausea, insomnia and lack of appetite. As Judge Reichbach explained, this is 鈥渘ot a law and order issue, [but] a medical and human rights issue.鈥 For a man whose job it is to uphold the law, this highly public declaration is momentous.

Meanwhile , Gov. Dannel Malloy signed a medical marijuana bill, making that state the 17th to permit its sick citizens access to an effective medicine. Medical marijuana is now legal in over one-third of our nation鈥檚 states.

All of this news marks an undeniable shift for an issue that can no longer be dismissed as 鈥渇ringe.鈥 As these recent elections show, there鈥檚 now a real possibility that a politician鈥檚 opposition to medical marijuana or legalization can result in the loss of an election. And if these outcomes weren鈥檛 enough, revealed that more than two-thirds of Republicans and three-quarters of Democrats think the federal government shouldn鈥檛 interfere with state medical marijuana laws. In our hopelessly polarized political climate, this once unimaginable source of agreement is particularly telling. It is this level of bipartisan support, coupled with more victories for candidates like Rosenblum and O鈥橰ourke, that will eventually result in the far-reaching and comprehensive medical marijuana reform across the country that will allow sick people access to their medicine.

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