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Marijuana Policy Project has launched a TV ad campaign in support of taxing and regulating marijuana in California:



Unfortunately, while the ad will appear on several networks, KABC in Los Angeles and KGO and KNTV in San Francisco actually rejected it:

At KABC in L.A., the ad was rejected for purportedly encouraging marijuana smoking. [MPP's Bruce] Mirken spoke to station manager Arnie Kleiner, who didn't return a call from the Huffington Post. "His feeling wasn't that the ad was promoting a change in the law, but that it was promoting marijuana smoking," said Mirken, adding that Kleiner told him, "I'm not going to advocate the smoking of marijuana. Marijuana is illegal." [Huffington Post]

As anyone viewing the ad can plainly see, it doesn’t endorse marijuana smoking in any way. The ad argues that the existing marijuana industry could be used to generate much-needed revenue for the state, which has nothing to do with whether or not one happens to personally like marijuana or think it's a good thing for people to do. The kneejerk assertion that all efforts to reform marijuana laws are equivalent to an endorsement of drug use is really as intellectually barren an argument as you'll ever find in the marijuana policy debate. It's a desperate cop-out and an instant indicator that you're dealing with someone whose comprehension of the issue is not fully formed.

Similarly, the argument that you can’t talk about changing marijuana laws because "marijuana is illegal" is just a paralyzing absurdity. Even the Governor of California is interested is debating marijuana legalization, so obviously the existence of current marijuana laws does not create an invisible barrier to intelligent discourse about public policy.

Fortunately, the marijuana debate has progressed to a point at which such petty obstructions serve only to embarrass those responsible. A recent poll shows that 56% of Californians support marijuana legalization, thus any public entity that endeavors to conceal or trivialize the argument takes a substantial risk of alienating its own patrons.

Nevertheless, the ad will air on many stations in California and it's thrilling to see the reform argument marketed to the mainstream. The Governor asked for a debate and that's exactly what he's going to get.

Check out Subway's new "Be Yourself" ad featuring Michael Phelps:



The ad concludes "You can always be yourself at Subway." The whole thing is a brilliantly veiled reference to the backlash against Kellogg's that emerged when they dropped Phelps for smoking pot. Better yet, Subway has launched a new promotional website at Subwayfreshbuzz.com. You see what they're doing, right?

The new campaign is already generating tons of press coverage, including positive reactions to the ad's apparent reference to the infamous marijuana incident. It's a brilliant maneuver by Subway and, hopefully, an early indicator that corporate America is finally learning that it makes more sense to wink at pot culture than risk alienating it.

Once again, I'm humbled by the immeasurable impact of the Michael Phelps marijuana saga. I'm seeing discussion of the Kellogg's boycott reemerging in comment threads around the web today and I don't think one can easily exaggerate what a major event that was, and still is, for our cause. Along with the intense and heavily-publicized popularity of marijuana reform questions on the President's website, it's becoming widely understood that marijuana culture has a tremendous and now powerfully intimidating web presence.

In the age of viral web marketing and online-everything, the visible web presence of marijuana culture becomes a potent weapon that's now reshaping the debate right before our eyes. For fear of offending us, the President and his drug czar can scarcely utter more than a vague sentence in defense of our marijuana laws. Meanwhile, the mainstream press is hustling marijuana stories like dimebags in a city park. And Subway is celebrating freedom of personal choice in a new ad campaign featuring the world's most famous marijuana user.

The war remains, but the battlefield has changed. I can smell it, like the aroma of fresh baked bread wafting free from the entrance of the Subway down the block from our office, which I might just visit tomorrow for the first time in a while.

South Dakota's most well-known marijuana legalization advocate, Bob Newland, was sentenced yesterday to a year in the Pennington County Jail with all but 45 days suspended for felony marijuana possession--a little less than four ounces. Once he does his time, he'll be on probation for a year. Newland can, I suppose, consider himself fortunate. According to the South Dakota Department of Corrections, there are currently six people imprisoned for possession of less than half a pound and seven for more than half but less than one pound, as well as 14 doing time for distribution of less than an ounce and another 25 doing time for distribution of less than a pound. But in another respect, Newland is not so lucky. He has basically been stripped of his First Amendment right to advocate for marijuana legalization while he is on probation. As the Associated Press reported:

A longtime South Dakota supporter of legalized marijuana has been sentenced to serve 45 days in jail for possessing the illegal drug. Authorities say Bob Newland of Hermosa was found with four bags of marijuana, a scale and $385 in cash when he was stopped for speeding in March. He pleaded guilty in May to a possession charge under a plea agreement in which prosecutors agreed to drop a more serious charge of possession with intent to distribute. Newland will be on probation for the rest of the year following his jail term. During his probation, he is barred from publicly advocating the legalization of marijuana for medicinal purposes.

Newland, understandably, is not inclined to challenge the probation condition. There's something about staring at the walls of a jail cell that does that to a guy. But that doesn't mean others shouldn't raise a stink about this arguably unconstititional sentence. I'll be looking into this and will have a Chronicle story about it on Friday.