Out of Control

Missouri’s Constitutional Amendment 3 would raise the state's cigarette tax from 17 cents to 97 cents a pack. In Arizona, Proposition 201 proposes a statewide workplace smoking ban, as does Proposition 206, but with an exception for bars. Arizonans could also pass Proposition 203, an 80-cent hike in the state tobacco tax. “Smoke Less Ohio” supports Issue 4, a limited smoking ban, while “Smoke Free Ohio” backs Issue 5, a broad smoking ban. In South Dakota, Measure 2 would increase the tobacco tax to $1.53 per pack of cigarettes. Proposition 86 in California would quadruple state cigarette taxes, to $3.47 per pack (Big Government would make more off a pack of cigarettes than Big Tobacco under the new rates).

In Nevada, Question 4 bans smoking in indoor restaurants where minors may be served (among other provisions) while Question 5 bans smoking in all indoor workplaces, including strip clubs and hotels, with the exception of casinos and bars that don't serve food (if it passes, it will shake up Nevada state laws concerning the mix of food, alcohol, and minors served by businesses with slot machines—with the likely result being that fewer will serve food).

Pretty much everyone acknowledges that the trend is for more smoking bans and higher tobacco taxes nation-wide. A Zogby poll commissioned by the Drug Policy Alliance, released last week, found that 45 percent of those polled support making cigarettes illegal within the next five to ten years. The percentage of those in favor of completely outlawing cigarettes was highest among those who identify themselves as very conservative (60%), 18-29 year-olds (57%) and adults with less education than a high school diploma (55%).

All of that is an interesting contrast with the trend toward marijuana decriminalization.

Next Tuesday Nevadans will also tally the vote on Question 7, a measure that would allow the sale, use and possession of one ounce or less of marijuana by persons at least 21 years of age while imposing tax and licensing requirements on marijuana retailers and wholesalers. Amendment 44 would legalize the possession of up to one ounce of marijuana for adults 21 years of age or older in Colorado (it’s already legal in Denver). In South Dakota, Measure 4 would allow people with a debilitating medical condition, to grow, possess and use marijuana for medical purposes (South Dakota would be the twelfth state approving access to marijuana for medical purposes). Meanwhile, on local ballots in Montana, California and Arkansas, marijuana would be designated a lowest law enforcement priority (after busting litterers and jaywalkers) in Missoula County, Santa Barbara, Santa Cruz, Santa Monica and Eureka Springs, just as it is in Oakland and Seattle.

(And yes, for those of you counting, three states are in both the anti-tobacco and pro-pot columns.)

More: Geoff Segal on tobacco taxes “Sticking it to Smokers,” and Jacob Sullum with “Potheads, Puritans, and Pragmatists.”