A billboard near the Connecticut shore keeps marijuana on the minds of state residents. Photo by Michael Marciano.

Connecticut attorneys with differing perspectives on marijuana legalization gave their thoughts on the state's failure to develop new legislation despite having started the year on an optimistic note.

As recently as May 15, state legislators were predicting new marijuana laws would reach the floor of the General Assembly for a vote in June, but that sentiment quickly dried up during the second half of the month. Supporters of legalization now say a resolution may still be years away.

State Rep. Josh Elliot of Hamden, a licensed, nonpracticing attorney who co-sponsored a bill legalizing retail sales of pot in January, acknowledged defeat this week and said that a successful measure may not see the light of day until 2022, due to the political makeup of the General Assembly.

"The numbers just aren't there for legalization," Elliott said, acknowledging party lines have largely been drawn, and that, while proponents are looking into the possibility of spearheading a constitutional amendment legalizing cannabis, the process would face similar political hurdles.

"If we try to take the constitutional amendment approach, we would need supermajorities in both chambers to get it on the ballot by 2020," Elliott said. "I just can't imagine Republicans letting that get done in the Senate. So it's going to be a while."

Polls conducted last year by Quinnipiac University and Sacred Heart University found that as many as 70% of Connecticut residents favored legalizing and taxing marijuana in the state. Concurrently, retail sales of cannabis began last year in Massachusetts, leading many to believe the stage was set for Connecticut to follow suit.

"I was really expecting, with Democratic majorities in the state House and Senate, that legislators would mirror the 70% approval for the rest of the state, but it didn't really pan out that way," Elliott said, acknowledging that since the state decriminalized possession of small amounts of cannabis in 2011, followed by legalizing medical marijuana in 2012, the sense of urgency among cannabis activists may have waned. "If it's already decriminalized, some people feel that full legalization really isn't all that necessary," he said. "We've made progress on some of the small stuff, and then the question becomes a strategic one. Should we focus on home-run hits or base hits? Base hits are a lot more feasible."

At the same time, opponents of full legalization say this year's debate has raised important questions about public health and safety that deserve further study. Retired corporate attorney William "Bo" Huhn, a member of the Connecticut chapter of the anti-legalization organization Smart Approaches to Marijuana, said that while he is encouraged to see lawmakers are listening to concerns being raised about mental health issues and the impact on young people, he believes corporate backers of legalization have chosen to ignore and dismiss negative data, potentially at their own peril.

"Cigarette companies failed to warn consumers of the health hazards of smoking and ultimately paid billions in damages," Buhn said. "I think this industry is doing the same thing." If mental health and addiction issues, along with impacts on memory and learning, are not addressed today, he added, it could end up costing companies down the road in the form of "failure to warn" litigation.

Buhn became active with drug-abuse prevention efforts after seeing his own daughter become addicted to crack cocaine. He now runs the group Guilford Developmental Assets for Youth (DAY), which provides a forum for children and young adults to talk about issues related to drugs. Youth members testified at the state Capitol about their experiences this session. "People don't start out using crack or heroin. They start with a red cup in the basement drinking beer or smoking marijuana out in the woods with their friends," Buhn said. "It's absolutely a path that moves step-by-step to a pretty bad end for a bunch of people."

Buhn said he believes the United States is living in "a dark shadow of drug abuse," in which children are receiving messages that drug use is acceptable. "This has turned us into a society that is at a terrible risk. I'm convinced that our society has to turn away from it, and I think we're beginning to make that turn."

Still, experts covering the national trend toward legalization predict continued legislative easing is inevitable. Connecticut-based Wilson Elser Moskowitz Edelman & Dicker partner Stephen Brown, a member of the firm's international cannabis law team, said marijuana legalization in Connecticut is part of a strong regional trend, with New England, New York and New Jersey all looking to get in on the action. "The most important part of this is revenue," he said. "That's the reason I think it's pushing forward. I wouldn't say it's moving too quickly, but like anything there will be growing pains. There's a tremendous amount of talk in New York and New Jersey, and I think Connecticut wants to get involved in this game."

Bloomfield attorney Aaron Romano, a spokesman for the National Organization for the Reform of Marijuana Laws, said, if anything, Connecticut's proposals did not go far enough this year. "I was very disappointed in the draft bills that were introduced, because it's clear they did not reflect the will of the people," he said.

Romano said provisions limiting decriminalized sales and possession to 1.5 ounces of cannabis would have effectively kept in place criminal penalties for the sale of a legal product. "Legalization means just that," he said. "I don't know how else to explain it."

Romano challenged state legislators to identify any other commodity that is legal in small amounts but illegal in larger quantities. "Our position has always been that we should regulate marijuana like alcohol," he said. "We have a workable model that was developed after prohibition, that we have accepted and has been in existence for close to 100 years, and we're talking about an intoxicant that is less dangerous than alcohol."

Romano acknowledged that limitations in the proposed legislation may have played a part in eroding enthusiasm among proponents, adding that the unwillingness of legislative leaders to embrace full legalization suggests "they have not let go of the demonization of cannabis."

If there is a bright side, Romano said, it is that voters now know where individual legislators stand. "The good news is that the more than 70% of citizens of Connecticut who are in favor of legalization can identify their legislators who do not support this issue, and when it comes time for elections, they will act accordingly."