AG: Medical marijuana separates Holton & Rosenblum
Kari Chisholm
With just a few weeks left before Democratic voters select the next Attorney General (because Republicans couldn't find a single lawyer that wanted their nomination), the campaign has been fairly sleepy so far.
The two candidates - Dwight Holton and Ellen Rosenblum - debated on Friday before the Eugene City Club. The Register-Guard's Winston Ross has the rundown of the debate. It was mostly an amicable debate with some differences in priorities, but not really in positions.
Except one. Buried at the tail end of the R-G story was this news nugget:
Rosenblum said she supported the state’s medical marijuana law as one that “provides vulnerable citizens with the medicine they needed to cope with their diagnoses.”
But Holton said the law is actually “a train wreck, putting marijuana in the hands of people, kids, who are not using it for pain management purposes. Of 50,000 card holders, 30,000 got them from 10 clinics. We’ve got a broken system.”
What do you think? Does Oregon's medical marijuana provide vulnerable citizens with medicine they need - or is it a "train wreck" and a "broken system"?
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9:10 a.m.
Mar 19, '12
Holton has picked a loser position. Support for legalization of marijuana is expanding, not contracting. Heck, when Pat Robertson supports legalization of marijuana, you know there is culture change afoot.
9:31 a.m.
Mar 19, '12
They're both right--the question is what solution do they advocate?
9:53 a.m.
Mar 19, '12
Most intelligent people who have looked at the case for and against marijuana prohibition understand that it is a very stupid and destructive policy.
Holton's position on this is quite troublesome. The idea that too many people are getting too much marijuana is simply ridiculous. Not to mention throwing in the reference to "kids" for the fear-mongering affect.
Undoubtedly people have gotten MM cards who do not use it medicinally, but who cares? That's less money that feeds Mexican drug cartels, more money for state services, etc.
After reading the whole story Ellen Rosenblum is the clear choice.
10:29 a.m.
Mar 19, '12
Marijuana prohibition fuels Mexican drug cartels (marijuana makes up approximately 70% of their business,) the prison industrial complex, destroys families, and robs the state of much needed tax revenue. It's illegal status also turns it into a gateway drug.
For legalization to happen political leaders must take a stand. It shouldn't be acceptable to simply say that you're against legalization. If our Governor, AG, etc. says they are pro-prohibition they should be forced to explain their position. They should have to tell us just exactly why prohibition is the smart and just policy.
I've e-mailed the Governor (who is on the record as pro-prohibition) asking for an explanation of his position. I asked Dave Hunt on a KOPT appearance if he favored marijuana prohibition. He said yes, and then went on to say that they did raise fees for medical marijuana cards....essentially a tax increase on the poor.
We really cannot afford stupid policies any longer.
11:22 a.m.
Mar 19, '12
I wonder if the candidates who are pro-prohibition would also be in favor of this plank from America's third oldest political party.
"Illegal Drugs – Tobacco – Alcohol The alcohol issue sets this unique Party apart from all others. This Party has opposed the manufacture, distribution, and sale of alcoholic beverages since 1869. Alcohol is America’s #1 narcotic drug problem. The use of alcohol and tobacco is responsible for 40% of the total cost of health care in America. We believe a program of education and legislation, coupled with sober leadership, will result in a change in society’s attitude regarding the alcohol issue. Tobacco is known as the “gateway drug,” meaning that early use of tobacco leads a person into the use of stronger drugs. We support programs to help tobacco farmers transition to growing alternative crops. Until alcohol and tobacco are again covered under a stronger Volstead Act, we support higher taxes on both. We oppose legalizing any and all mind-altering, behavior-modifying drugs, unless controlled by the federal Food and Drug Administration, and then for medicinal purposes, only. We demand that the President and Congress deal severely with all foreign government having a part in illegal drugs entering the United States of America." http://www.prohibitionparty.org/2012platform.html
12:36 p.m.
Mar 19, '12
Sorry, but prohibition in ANY form is so last millennium... And by "mind-altering substances," does the Prohibition Party include coffee?
ALSO: How come no one (apparently) has the courgae to ask the REAL question: How many people died from an overdosed of marijuana last year... last decade... etc...
11:28 a.m.
Mar 19, '12
I believe that Kari and Joshua are mis-interpreting what Dwight said. He did not say he opposed medical marijuana, he said that the current system isn't working. Frankly, I don't think that there are many Oregonians, including pro-marijuana legalization folks, who believe that the current system works well. The last ballot measure tried to clean up the system, but got voted down. I also don't think that many people want to have under-age kids get easier access to marijuana than alcohol.
Yes, we should have medical marijuana, but the current system is a mess. Beyond medical access, full legalization is not an issue for the politicians, it is an issue for the citizens. While polling shows more support today in the abstract, I suspect it would get voted down again if it was on the ballot today, but supporters should prove me wrong.
12:09 p.m.
Mar 19, '12
I don't think Kari is mis-interpreting anything. He simply copied the quotes that the reporter wrote.
I would really be interested in hearing what the candidates think about what happened in Portugal with their drug and alcohol laws. Now that it has been over 10 years might be time to seem some studies of the results.
2:00 p.m.
Mar 19, '12
Kari posed the question as if the two statements were in conflict. One can support medical marijuana for those who truly need it and get a valid prescription and still believe that our current system does not do that well, especially as it applies to under-age access.
Did Ellen comment about the quality of the current system and dispute what Dwight said?
7:51 p.m.
Mar 19, '12
'Twas the R-G reporter who posed them as being in conflict. If Dwight - whom I have met and found to be a thoughtful and reasonable guy - has been misunderstood, he knows how to find me.
I think a comment here, or a guest column, from either candidate would be well-received.
11:29 a.m.
Mar 19, '12
I'd first look to those who have been dealing with prosecution of criminal offenses, when trying to evaluate whether there's a problem with marijuana. And by that, I don't mean finding out what the latest "tough on crime" position is, because that's not what we're talking about. If we've got kids using marijuana, then yes, we've got a broken system.
And don't confuse legalization with an analysis of kids, because tobacco is legal, but we still try to keep it away from 18-year-olds. Personally, I'd like an AG that enforces the law, and when asked by legislators (who actually create the laws), contributes his/her views on the prosecutorial realities of the law.
In the final analysis, the AG runs the largest law firm in the state, focused on enforcing the state's laws. Having done that successfully at the U.S. Attorney's office, Dwight Holton seems uniquely qualified to do it for the State.
12:40 p.m.
Mar 19, '12
An AG's opinion about any drug policy should obviously be heard along with lots of other people's opinions. When you look at the various opinions and the facts, it's clear that the "broken system" and "train wreck" isn't our medical marijuana policy, it's marijuana prohibition. For an AG to take the position that we should be using precious economic and human resources to crack down on medical marijuana is at the least out of touch and frankly negligent.
By all means, someone should ask Mr Holton to explain how our MM policy is so severely damaging Oregon as he infers with his irresponsible hyperbole.
"If we've got kids using marijuana, then yes, we've got a broken system."
So the test for what constitutes a "broken system" is whether kids are getting their hands on some? Imperfect, but not "broken," and certainly not a "train wreck." Following this logic, our alcohol policy must be FUBAR.
"Personally, I'd like an AG that enforces the law, and when asked by legislators (who actually create the laws), contributes his/her views on the prosecutorial realities of the law."
So you prefer a Yes Man who only speaks when asked to..and only by legislators to boot? Yikes! How about an AG who answers to the public and will call out injustice and stupidity without having to be asked to? He certainly is "uniquely qualified" to talk about the destructive nature of marijuana prohibition.
9:39 a.m.
Mar 20, '12
If the person who is supposed to enforce the law (something you say means being a "Yes Man") says "I won't enforce the law," or says "I'm just not interested in enforcing this law," that person has failed in their job. What you describe as "injustice and stupidity" is not regarded as such by those people who make our laws; if you disagree with those laws, go to the legislators. By analogy, you might not like getting a speeding ticket; the cop should still give the ticket (perhaps sometimes using discretion not to), but if you don't like the speeding law, go to the legislature.
2:23 p.m.
Mar 20, '12
"If the person who is supposed to enforce the law (something you say means being a "Yes Man")"
Now here are you're words:
"I'd like an AG that enforces the law, and when asked by legislators (who actually create the laws), contributes his/her views on the prosecutorial realities of the law."
Conveniently you cherry picked "enforces the law" instead of the last part of the sentence (contributes their views when asked by legislators) which describes a Yes Man. It's obvious your a Holton supporter but let's try to have an honest discussion.
If you think marijuana prohibition is not stupid but is actually smart policy please explain.
Here's what happened Jonathan. A question was asked about marijuana policy to two candidates. Those two candidates gave very different answers which reflect different beliefs. If you and Holton think that MM is damaging Oregon, i.e., "a train wreck" then take responsibility for that position. Please tell us how it's hurting Oregon and why we should use economic and human resources to address this "train wreck." Part of being a good AG means being able to recognize real problems and prioritizing those problems. Holton's response to this question about MM simply doesn't bode well for him. The people that were not already supporting him seem to see that quite clearly.
2:24 p.m.
Mar 20, '12
From Bill Ryan:
"Does anybody really believe that HS kids can't score a bag of marijuana any time they want it from street and peer sources? Does anyone really believe that our Medical Marijuana law is at fault for HS students' use of marijuana? The way forward is to expand legal access to marijuana, and to use the profits to lower our taxes instead of sending it to the Mexican drug cartel."
12:32 p.m.
Mar 19, '12
We may very well have the chance this November to vote on a measure that would end marijuana prohibition by allowing adults 21 and over the right to use, possess and produce for personal use. IP-24 would not allow sales, use by minors, driving under the influence or actions that endanger children or public safety. In other words, it would put marijuana use in the same context as alcohol.
The campaign has collected over 52,000 signatures and is on track to qualify. It does allow state to regulate if it chooses. It's a simple, three sentence amendment that ends prohibition. You can find more info at EndProhibitionAgain.com
As far as Holton's comments on med mar, as one who worked on the campaign to pass it, I disagree completely. The system is actually working quite well. Patients and caregivers have largely been able to avoid arrest and prosecution while getting medicine that they need. And there is no doubt left that marijuana does help many people with cancer, spasms, pain and other conditions. There are very few instances of misuse of a card and it provides a bright line for law enforcement -- either you have a card or you don't.
As the US Attorney who led the raids on medical marijuana grows in Southern Oregon, Holton should well know the incredible waste of time, resources and tax dollars that prohibition brings. We need to end that waste. We need to end prohibition again.
1:39 p.m.
Mar 19, '12
Hey Kari: Dwight's made clear that it's the AG's job to uphold the law, and that's what he'd do. (He said that first at the City Club event, but it wasn't quoted). But it's not an either/or the way you've framed it -- many medical marijuana advocates, drug abuse treatment providers, legislators from both parties, and law enforcement authorities believe the program as it currently functions lacks sufficient protections to preserve the integrity and intent of the law.
Dwight will help lead a responsible discussion of how best to make improvements to the law in order to make sure medical marijuana continues to be available to those with medical need, but does not become delegitimized as a method of uncontrolled distribution of marijuana.
[Note for readers: Evyn Mitchell is Dwight Holton's campaign manager. Evyn, welcome to BlueOregon! -editor.]
3:18 p.m.
Mar 19, '12
http://wweek.com/portland/blog-27225-us_attorney_oregon_m.html
4:00 p.m.
Mar 19, '12
Hey Evyn good to meet you at the OEA convention the other day.
However, I have to respectfully disagree with your point regarding Mr Holton's position on medical marijuana. Only just last July he sent a letter stating that Marijuana, medicinal or not, was illegal according to state and federal law.
Has he changed his position in the last few months? It seems like a pretty big change in opinion in a fairly short time. I don't know if threatening prosecution, civil enforcement action and seizure of assets is a good place to start a reasonable conversation on helping to better clarify the law.
4:11 p.m.
Mar 19, '12
Not to get all factual, but as a general matter, I believe that marijuana actually is illegal under state and federal law.
4:54 p.m.
Mar 19, '12
FTW!
8:29 p.m.
Mar 19, '12
But medicinal marijuana, which is the subject of this post, is legal in Oregon.
So the question is still on the table: is Holton not in favor of this law? If so, does he plan to throw up certain restrictions that would make it more difficult for patients to illegally obtain medicinal marijuana?
I haven't decided who to vote for...but I think these are legit questions.
11:16 p.m.
Mar 19, '12
Evyn, thanks for that additional context. That's very helpful.
I think it was the R-G reporter who framed it as an either/or, not me: "Rosenblum said she supported... But Holton said..."
But as others have said here, it's certainly possible to support the law and to think that it is flawed.
1:48 p.m.
Mar 19, '12
This whole topic just seems like an overblown attempt to incite controversy where there isn't much difference.
Dwight and Ellen would both enforce current law. To my knowledge, Dwight never prosecuted anyone under Federal law who complied with Oregon's medical marijuana law. I think that Mr. Holton should be commended for that restraint--a restraint shown by few other US Attorneys. Moreover, his experience in the federal prosecutors office gives him one of the best positions from which to critique our system. Instead of lambasting him for his willingness to talk about what's wrong and how to fix it, which I think is a very Republican thing to do, we should listen to what he is saying and engage in a dialogue, which is a very Democratic thing to do.
Why do I wonder if Kari forgot his usual disclaimer on who he is working for (or with)? Ah, if we could only see the cell phone records behind each Blue Oregon post...
11:21 p.m.
Mar 19, '12
Nick, I'm not working for either candidate. If I were, I would have said so.
I've met with each individually, and found them both to be impressive. (They were off-the-record get-to-know-you chats, rather than interviews for publication.)
My post was simply a note that the R-G found a rare moment of disagreement in a race where the deciding election is mere weeks away and in which there's been precious little coverage.
To the extent that anyone thinks I'm putting my thumb on the scale, they're bringing additional context to the story that's not in the text. My post was about as even-handed as it gets. "She said X. He said Y. What do you think - X? or Y?"
10:36 p.m.
Mar 20, '12
A federal prosecutors job has very little to do with State AG. The State AG isn't a criminal prosecutor at all. I don't have any complaints about him as a prosecutor but I think he's off on this and it shows he will have a hard time shaking a prosectors mentality and reaching out to a broader constituency other than law enforcement. Law enforcement has lost a string of marijuana voters at the ballot and even the other they carried are by narrower and narrower margins. The need to wake up and smell the roses and get with the electorate.
2:05 p.m.
Mar 19, '12
I'm for a new drug policy that will reduce the enormous profits going to the drug cartels--all kinds of "illegal" and therefore grossly profitable drugs.
Since at least the Spanish-American War and the invasion of the Phillipines, the US 1% has had the luxury of carrying out overseas wars of imperial aggression, including those in Central and South America. But now instead comes a war back at us over the Mexican border, fueled by the US appetite for the drugs the cartels provide. If we keep up the phony "war on drugs" we may get a failed state in Mexico and anarchy along our SW borders.
2:45 p.m.
Mar 19, '12
Full legalization of cannabis makes economic, political and moral sense, but so long as the current laws remain in effect, it is annoying to see people using the "medical card" system as a ploy to avoid arrest for their recreational cannabis activities. If you or your brother/mother/sister/friend need cannabis to ease your pain during your stage 4 cancer, then I support you. If your medical "need" was created at a motel in Gladstone where you paid a questionable "medical" person sitting at a card table $250.00 to certify your invisible pain as grounds to grow cannabis in a mini-storage facility along with 15 of your friends, I have a lot less sympathy, and I don't fault a law enforcement person for questioning your motives.
3:20 p.m.
Mar 19, '12
Does anybody really believe that HS kids can't score a bag of marijuana any time they want it from street and peer sources? Does anyone really believe that our Medical Marijuana law is at fault for HS students' use of marijuana? The way forward is to expand legal access to marijuana, and to use the profits to lower our taxes instead of sending it to the Mexican drug cartel.
5:43 p.m.
Mar 19, '12
Aaron – Nice meeting you as well. You’re creating confusion about what Dwight said. Dwight has been completely consistent on this issue. As US Attorney, his office didn’t prosecute anyone who was complying with Oregon law. As the article states, state law prohibits the sale of marijuana for any purpose.
As Attorney General, Dwight will uphold and defend Oregon’s voter approved medical marijuana law.
6:02 p.m.
Mar 19, '12
I'm assuming the Holt would uphold Oregon's law as he is required to do as AG. I'm more interested in how he sees issues of justice and public policy being improved. His statement here tells me that he is more interested in clamping down on marijuana use as a law enforcement issue rather than communicating a vision of wiser use of law enforcement and corrections resources than arresting marijuana users and growers and incarcerating them. In the field of law enforcement we need a new approach in the area of drug policy.
10:06 a.m.
Mar 20, '12
I suspect that there is not a lot of difference in actual policy between Ellen and Dwight on this issue. If this is the issue that will be your deciding factor in this race you need to learn more about what both candidates are actually planning to do.
11:59 a.m.
Mar 20, '12
It's rather disappointing just how little coverage there has been from the press.
I think WW's decision to not cover the race was the right one, but I fear that it's caused the O to drop the story too. It seems that competitive pressure makes a difference.
6:15 p.m.
Mar 19, '12
Medical use of Cannabis is legal in Oregon, the Oregon Board of Pharmacy has rescheduled it to a 2 in Oregon. A place of legal disfuctionality of any non-toxic herb. Law, Policy, or rule, nothing can change mother nature. States Attorney Generals should fight for its citizens rights first and foremost or run for a Federal Office. Holtons history already proves he is no friend of sick people who choose to use this alternative and much more suitable form of healthcare.
Prohibition, the WOD are losers who's outcome hurts society in more in more ways than Cannabis can or will.
LEO, at any level has no place in my medicine chest.
Go Ellen!
6:16 p.m.
Mar 19, '12
To blame the state's medical marijuana program for marijuana being sold outside the state is placing the blame in the wrong place. Those sales, as has been pointed out, are illegal under the law Oregonians passed and those who violate it can be arrested and prosecuted. But those kind of sales have been happening for way longer than we have had medical marijuana.
In the meantime, 50,000 people have been killed in the Mexico's drug wars in the past five years. Six Latin American presidents have called on the US to end marijuana prohibition and end the illegal drug profits flowing into their countries. And here at home, it's drug cartels, not medical marijuana growers, who have planted fields and fields of marijuana in our national forests. To even suggest that the medical marijuana program is responsible for these illegal drug sales is clearly an attempt to divert attention from the real problem -- prohibition doesn't work.
8:36 p.m.
Mar 19, '12
Perhaps the bigger issue was experience in the state courts. The AG works primarily on state court issues, not federal ones. Medical marijuana is legal from the standpoint of state law. It is not under federal law. Holton's position was informed by his federal background. I support Rosenblum for many reasons, but her greater experience in the state courts is foremost. Holton isn't a bad guy, but his experience is primarily federal. That has limited relevance to the state AG job.
9:41 a.m.
Mar 20, '12
There is a fundamental difference between being a judge, and being a prosecutor. Judge Rosenblum was a great trial and appellate judge; Dwight Holton was a great U.S. Attorney, and did a great job managing the U.S. Attorney's office. The latter experience is more important than the former.
1:43 p.m.
Mar 20, '12
Are you sure Holton is a Democrat? He sounds like a Republican to me: There's problems with the system so lets throw the whole thing out regardless of the impact.
(Yes, I recognize he didn't say that explicitly. But by making such a broad critique without offering a solution, he implied it.)
2:15 p.m.
Mar 20, '12
Tim, you are taking an edited quote and interpreting it as a broad policy position. He did not and does not say that the whole policy should be "thrown out" and does in fact have ideas on how it can be improved. The above quote was not an answer to your question on what should be done to improve it.
3:06 p.m.
Mar 20, '12
Then he needs to be smarter about his messaging. He left himself wide open.
You don't call an important program a "train wreck" without offering up at the least the broad outlines of a solution. Not if you're a serious politician.
10:27 p.m.
Mar 20, '12
Need to contribute to Rosenblum and change my registration back to D.
Holton just motivated me. I would like to thank you for running this and to Holton for tipping his hand.
11:27 a.m.
Mar 22, '12
Anyone who believes people not being busted for cannabis possession is a problem will not get my vote for AG.
11:08 a.m.
Mar 25, '12
On the issue of medical marijuana, Dwight Holton has been a bully and has been wrong on the facts. He should not be our next Attorney General. As US Attorney he sent threatening letters to virtually every organization working to assist patients under the current law. He also sent letters to their landlords threatening to seize their property. No evidence was presented and there was no chance for due process. Some frightened landlords evicted their tennants and many patients lost their access to their legal medical marijuana. Last fall, when Holton was US Attorney, the feds raided numerous legal-under-state-law medical marijuana gardens where hundreds of patients cultivated their marijuana collectively. Patients medicine was seized. Many very ill, very poor, elderly patients were hurt by these wrongful federal actions. Holton used his discretion as the top federal prosecutor to go after patients who were legally complying with state law to ease their suffering as approved by voters and reaffirmed repeatedly by our legislature. This is bullying. It ignores the democratic processes our society uses to work through change on tough issues. The result was terrible: suffering patients, more health care costs and more illicit activity as some patients were forced to the black market. Almost everyone can agree that the medical marijuana law needs reform. Now that it is crystal clear that marijuana is medicine we need to have a safe regulated supply system. But we don't get there by feds raiding state-legal farms, stealing tractors and hurting patients. Holton should be held accountable and must be rejected as Oregon's Attorney General.
Go Ellen!
2:12 p.m.
Apr 10, '12
I'm mad as heck. Before you decide who to vote for our next AG, visit www.NotDwightHolton.com and on our Facebook page.
6:11 p.m.
Apr 16, '12
Clearly, Ellen Rosenblum is the better choice for progressive Oregonians. Electing Holton will only cost taxpayer dollars as the state will spend limited law enforcement resources enforcing federal marijuana laws. Not to mention the fact that sick and disabled patients will have to go without their medical cannabis or be forced to turn to the underground market.
If we can't count on our Attorney General to stand up for the will of the voters on medical cannabis, we won't be able to count on his support if other state laws get attacked by the federal government. Please support Ellen Rosenblum for Oregon Attorney General.
11:33 p.m.
May 15, '12
Take that marijuana opponents!
http://www.theweedblog.com/anti-marijuana-candidate-dwight-holton-loses-election-to-ellen-rosenblum/