Marijuana Policy Reform and the Vermont Election
Marijuana policy has emerged as a campaign issue in this year’s election cycle, as Governor Peter Shumlin (D) has publicly reiterated his desire to reduce marijuana possession penalties to a civil fine (also known as decriminalization). Shumlin’s Republican opponent, Randy Brock, has blasted Shumlin for supporting this modest, sensible reform, saying “Governors should be setting a moral example.”
We don't see what’s “moral” about maintaining harsh criminal penalties for marijuana possession, given that limited law enforcement resources could be directed towards serious crimes and improving public safety. Gov. Shumlin’s consistent support for reforming marijuana policies stands in sharp contrast with Brock’s opposing view. While serving as Senate president, Shumlin sponsored both medical marijuana dispensary legislation and decriminalization legislation. On the campaign trail and as governor, he has continued as a strong proponent of sensible policies. In 2011, he signed dispensary legislation into law, and he continues to work to pass decriminalization.
In another positive sign for 2013, both major party candidates for attorney general have made public comments in favor of decriminalization. Incumbent William Sorrell, a Democrat, has been quoted saying, “Personally, I favor decriminalization,” and his Republican challenger, Jack McMullen, told Vermont Public Radio he agrees: "I think at least as a first step, trying to partition those kinds of crimes when other people aren't involved, where there's no violence, where there's no other crime being committed, I think the first step would be to make it a very minimal notation in the books."
Additionally, there are many supportive candidates seeking election or re-election to the Vermont House and Senate.
Vermont Senate Races
MPP sent electronic surveys to all candidates for Vermont House and Senate, asking candidates if they “agree” or “disagree” with the following three statements (“undecided/need more information” was also given as an option):
(1) I support Vermont’s medical marijuana laws. Patients with multiple sclerosis, cancer, HIV/AIDS, and other serious illnesses whose doctors recommend marijuana should be able to use and purchase marijuana without fear of criminal sanction.
(2) The current 1,000-patient cap on the number of patients who can frequent dispensaries should be eliminated so that patients who are diagnosed later are not left behind.
(3) Arresting and prosecuting non-violent individuals simply for the possession of small amounts of marijuana clogs our court system, misplaces valuable law enforcement resources, and wastes taxpayer dollars. Criminal penalties should be replaced by civil fines for adults and should be replaced with drug education and community service for minors.
The following are candidates who advanced to the general election who either responded to our survey (in support or opposition) or previously showed their support for marijuana policy reforms, as indicated:
Bennington Senate District (elects 2):
- Senator Dick Sears (D) sponsored the bill adding dispensaries to Vermont’s medical marijuana law in 2011 and has supported reducing possession penalties.
Caledonia Senate District (elects 2):
- Senator Joe Benning (R) responded to MPP’s survey indicating “agree” on all three questions. Comment: “In the last legislative session I introduced a decriminalization bill in the Senate. I intend to do so again if re-elected.”
- David Dill (R) responded to MPP’s survey indicating “agree” on questions (1) and (3), but checked “undecided/need more information” in response to the question about the patient cap. Comment: “It's important to get the federal law changed — at least to give states the authority to make their own decisions!”
- Stephen Amos (D) responded to MPP’s survey indicating “agree” on all three questions. Comment: “Marijuana usage should be legalized and legislated just as alcohol and cigarettes are.”
Chittenden Senate District (elects 6):
- Senator Tim Ashe (D) responded to MPP’s survey indicating “agree” on all three questions. Comment: “I strongly supported the creation of dispensaries in the Vermont Senate, though ultimately we should be moving toward a legal system of purchasing for all citizens, whatever their health status. In 2008 on the Burlington City Council, I joined one other City Councilor to sponsor a ballot question gauging public support for decriminalization of possession of small amounts of marijuana. That effort, amazingly, failed to earn the 8 votes needed to put it on the ballot. It is my belief that the Vermont Senate will now be the venue to decriminalize marijuana possession and I will be a sponsor of that legislation.”
- Senator Virginia “Ginny” Lyons (D) responded to MPP’s survey indicating “agree” on all three questions. Comment: “I helped to write the medical marijuana law and will vote for bills to decriminalize it.”
- Former Rep. David Zuckerman (D) responded to MPP’s survey indicating “agree” on all three questions. On the third (decriminalization) question, he added, “I think we should go beyond decrim and change our laws to allow for legal and regulated use (with a tax ... to be used primarily for drug addiction support services and enforcement of more serious drugs).” Comment: “Thank you for the questions and for publishing our comments. As the lead legislator prompting our original medical marijuana law, I am pleased that we have progressed to the point of broadening the ailments for which it can be used as well as moving towards dispensaries. I happen to think that we should move beyond the need for either of those laws as we should at a minimum move to decriminalize marijuana and preferably we should legalize, tax and regulate it. This would allow law enforcement to focus on more serious drugs that have far more damaging consequences. It would also allow us to move towards health awareness and treatment for those few who have psychological addictions to marijuana and physical addictions to more serious drugs. We need to treat many of these issues under the auspices of the health department, more so than law enforcement issues. In general, if we can allow our law enforcement to focus on the more serious drugs, then I think we will see better results with respects to the safety in our communities.”
Washington Senate District (elects 3):
- Senator William “Bill” Doyle (R) responded to MPP’s survey indicating “agree” on all three questions.
- Dexter Lefavour (R) responded to MPP’s survey indicating “agree” on all three questions.
Windham Senate District (elects 2):
- Senator Jeanette White (D) sponsored a decriminalization bill and a bill adding dispensaries to Vermont’s medical marijuana program in 2010.
Windsor Senate District (elects 3):
- Dick Tracy (R) responded to MPP’s survey indicating “agree” on question #1 and “undecided/need more information” on question #2 (regarding the patient cap). For question #3 (decriminalization) he wrote: “I am conflicted in this regard. I think that there is a real case to be made that marijuana is a "gate-way" drug to very dangerous substances.” He added this comment: “I am inclined to agree that pursuit and prosecution of low level users seems to be counter-productive, but I have no data which demonstrates that such prosecutions are really "clogging" Vermont's court system. Your organization should be ready to provide supporting data in that regard.”
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