Ahead of what’s shaping up to be a contentious campaign season around marijuana in Arizona, Gov. Doug Ducey (R) and other opponents are claiming that legalization would unleash a host of public health hazards on the state.
In an official voter guide argument published on Monday against a proposed initiative that’s likely to be on the November ballot, the governor called legalizing cannabis “a bad idea based on false promises.”
“We know from states that have fully legalized marijuana that it has real consequences: more deaths on highways caused by high drivers, dramatic increases in teen drug use, and more newborns exposed to marijuana,” Ducey claimed in his comments.
It’s not yet certain whether the legalization proposal, from Smart and Safe Arizona, will make it to the ballot. County officials have until August 7 to validate hundreds of thousands of signatures submitted by activists last month. But on Monday afternoon, the Arizona secretary of state’s office published arguments submitted both for and against the measure, including a handful from elected officials.
The arguments, which will be printed and mailed to registered voters, give a taste of what’s to come during the mounting fight over legalization in the weeks leading up to Election Day.
As with politics in general in 2020, expect considerable disagreement over basic facts. For instance, Ducey’s argument that cannabis legalization has led to “dramatic increases in teen drug use” seems at odds with available evidence. Even according to legalization opponents, such as the federal government’s High Intensity Drug Trafficking Area (HIDTA) program, teen use rates have actually gone down since the end of prohibition for adults.
In a presentation last month to North Dakota lawmakers, who themselves are considering whether to legalize marijuana, the Colorado-based deputy coordinator of the federal National Marijuana Initiative acknowledged that data from government drug use surveys show that Colorado saw a general decline in the number of teens using marijuana after the state enacted legalization.
Another of Ducey’s claims, that Colorado has a particularly high rate of teen cannabis use compared to other states, is true. But his submission fails to mention that was also true during the years before legalization.
Ducey wasn’t the only official to argue that legalization would increase teen consumption in the new official ballot arguments pamphlet. State Sen. Sine Kerr (R) wrote that she was “deeply saddened by the prospect of how this initiative would harm children.”
“Kids would become easy prey for an industry hungry to create a new generation of users,” Kerr argued, noting that legal products would include vape pens and edible products such as gummies, cookies and candy, which she implied would appeal to children. (Gummy bears would be banned due to a provision forbidding animal-shaped products.)
“The industry will succeed in hooking too many of our kids and stealing their potential early,” she wrote.
Other common arguments against the proposal centered on the increased risk of impaired driving, fears of unbridled advertising by the commercial cannabis industry and economic impacts resulting from unmotivated employees or worker impairment.
“In Arizona, positive marijuana workplace tests have nearly tripled over the past eight years since legalization of medical marijuana,” wrote Yavapai County Attorney Sheila Polk, an outspoken cannabis opponent. “Workplaces with higher rates of drug use have employees that are less productive, suffer higher absenteeism, and have more accidents.”
Polk, whose office prosecutes cannabis cases, also downplayed the impact that legalization would have on the criminal justice system.
“As for their argument that legalizing recreational pot will empty our prisons? Not a single state has seen a reduction in prison population because of legalization,” she argued. “This is because, contrary to the myth, our prisons are not filled with people serving time for marijuana possession.”
Legalization supporters, however, point to Polk’s own office as a reason to reform marijuana laws. In recent years, Polk famously filed felony charges against a black medical cannabis patient for possessing a small amount of marijuana concentrate purchased legally from a dispensary. Critics accused Polk’s office of exhibiting racial bias in the case.
Advocates for the proposed legalization measure, meanwhile, said in ballot arguments that the initiative takes a relatively measured, sensible approach by taxing and regulating marijuana rather than handling it as a criminal matter.
“The war on drugs failed,” wrote Chad Campbell, chair of Smart and Safe Arizona, the organization behind the proposed ballot measure. “Marijuana is safest when it’s sold in a taxed, tested and regulated environment—not on a street corner.”
The campaign says legalization will also bring in at least $300 million in tax revenue that can be used to support things like education, public health, infrastructure and safety. Penalties for driving under the influence of marijuana would go up under the proposal, and millions of dollars in funding would be funneled toward drug treatment and mental health programs.
As for youth use, organizers argue, “we know a well-regulated, licensed, legal environment is the best way to keep marijuana out of the hands of children—period. We set the legal age at 21, limited potency, required childproofed packaging, required products to be unattractive to kids and forbade advertising to youth.”
The state’s voters narrowly defeated a legalization measure in 2016, but a poll released last month indicates the current initiative is on the path to being approved. The survey found that more than 6 in 10 Arizona voters saying they support legalizing marijuana.
Another supporter, former Gov. Fife Symington (R), who served from 1991 to 1997, wrote in his argument that voters “must constantly re-evaluate our policies in the face of new evidence.”
“Today the evidence is overwhelmingly clear: criminalizing law-abiding citizens who choose to responsibly consume marijuana is an outdated policy that wastes precious government resources and unnecessarily restricts individual liberty,” he said. “A far more logical approach would be to respect the rights of adults to choose to consume marijuana while taxing and regulating its production and sale.”
The proposal imposes significant penalties for selling marijuana products to minors, Symington wrote, allows law enforcement to target drivers who demonstrate impairment and allows employers to maintain a drug-free workplace.
“Finally, and perhaps more importantly,” he wrote, “it frees up law enforcement to deal with more serious issues that actually jeopardize public safety.”
Perhaps the most balanced ballot argument submitted over the measure came from Will Humble, executive director of the Arizona Public Health Association, who said the proposition “poses public health risks and benefits.” Humble‘s statement, which identifies what he said are both risks and benefits of legalization, is printed twice—once alongside ballot arguments against legalization, and again next to arguments in support of it.
One one hand, Humble argued, ending felony charges for cannabis possession would reduce mental, physical and economic impacts for individuals and families. “Incarceration and felony convictions for marijuana offenses have multigenerational social, economic, and health impacts that have been disproportionately thrust on communities of color,” Humble wrote, “because they are more likely to be arrested for and convicted of marijuana offenses.”
Humble noted the measure also includes provisions to regulate and test cannabis products, support evidence-based public health programs and prevent sales to minors—although he acknowledged those efforts won’t eliminate all risks, which he said include “impaired neurological development from use in adolescence, increased visits to emergency rooms from marijuana intoxication or accidental ingestion by children, adverse birth outcomes from maternal use, and injuries caused by impaired driving or workplace use.”
Humble argued that if voters choose to pass the measure, regulators should be prepared to take the new legal sector seriously.
“If the Act passes,” he wrote, “we urge the state to use its full regulatory authority to enforce purchasing age-limits, packaging and potency standards, regulate advertising and place of use restrictions, enact workplace use policy requirements, and solidify motor vehicle operation restrictions and penalties. Arizona officials should also partner with state universities to analyze and publish data on its public health impacts.”
Read the arguments for and against the Arizona legal marijuana measure below:
New Hampshire Marijuana Legalization Effort Runs Up Against New Republican Legislature
“Eventually it will get passed. But I don’t think it will happen until we get a new governor.”
By Christian Wade | The Center Square
Marijuana advocates are continuing a push to legalize the drug for recreational use in New Hampshire, but the effort faces an unlikely path in the Republican-controlled Legislature.
A bipartisan bill filed in the state House of Representatives this month would, if approved, legalize recreational cannabis for adults over 21 and set up a system of regulation and taxation for the drug that would allow retail sales. It’s similar to proposals filed in previous legislative sessions, all of which have failed to win approval.
“The battle continues,” said Rep. Rebecca McWilliams, D-Concord, a primary sponsor of the bill. “We keep refining it and negotiating and trying to come up with something that could potentially get to the two-thirds vote needed to override the governor’s veto.”
The proposal would allow adults 21 and older to possess up to one ounce of weed and would authorize regulated cultivation and retail sales. Adults would be allowed to grow up to six marijuana plants at home. A state-run cannabis commission would set regulations and oversee the new industry. The proposal calls for a 9% tax on recreational pot sales.
But the measure faces a steep climb in the state legislature—which swung back to the GOP in the November 3 elections—not to mention the threat of a veto by Republican Gov. Chris Sununu, who opposes legalization.
McWilliams acknowledges the measure faces long odds in the biennial legislative session and said lawmakers who support the effort lack the votes to override a Sununu veto. But she said the effort is building more support with every passing year.
“Eventually it will get passed,” she said. “But I don’t think it will happen until we get a new governor.”
While marijuana remains an illegal drug under federal law, she said there’s a chance the new Democrat-controlled Congress and White House could lift the federal prohibition on pot.
Nationally, 68 percent of Americans back the legalization of marijuana, according to a recent Gallup poll, which noted that support has been inching up steadily over the years.
To date, 15 states, the District of Columbia, and the U.S. territory of Guam have legalized recreational marijuana. Thirty-six states have medical marijuana programs.
New Hampshire has often been described as a “cannabis island” with neighboring states and Canada allowing recreational marijuana cultivation and retail sales.
While the Granite State decriminalized marijuana possession in 2017, recreational growing and sales are not authorized.
In 2014, the Democrat-controlled House approved a legalization bill but it failed to pass the Senate. Similar proposals have been refiled every session, but have failed to gain traction.
The state has also allowed medical marijuana dispensaries since 2013, but cultivating the drug for personal use is still a felony.
Lawmakers approved a bill in 2019 that would have allowed medical pot patients to grow their own supply, but Sununu vetoed it, citing public safety concerns.
This piece was first published by The Center Square.
American Medical Association Asks Court To Overturn Medical Marijuana Vote In Mississippi
Two medical associations are throwing their support behind a lawsuit challenging the constitutionality of the medical marijuana ballot initiative that Mississippi voters overwhelmingly approved in November, arguing that it creates “risks to public health” and places a “burden” on physicians.
The American Medical Association (AMA) and its state affiliate, the Mississippi State Medical Association (MSMA), recently filed an amicus brief backing the legal challenge being considered by the state Supreme Court, which was brought by the city of Madison just days before the election.
The lawsuit argues that legalization proposal is invalid because of a state law that dictates the percentage of signatures required per district to qualify a ballot initiative.
While Mississippi’s secretary of state and attorney general have strongly criticized the suit, calling it “woefully untimely” and contesting the merits, AMA and MSMA are backing the challenge nonetheless.
“Making sure the constitutional amendment map is followed is always important, but given the nature of the initiative at issue and the substantial ramifications it poses for Mississippi’s public health and the medical community, particular care is warranted here,” the brief states, according to a blog post published by AMA on Friday.
The groups further argue that, outside of the statutory concerns outlined in the suit, the medical cannabis legalization initiative “poses significant risks to public health and puts a burden on Mississippi physicians.”
“While it is possible there may be beneficial medicinal uses of marijuana, numerous evidence-based studies demonstrate that significant deleterious effects abound,” the brief states, adding “without question, the public health risks are immense.”
Additionally, because marijuana remains federally illegal, the voter-approved measure would put physicians in “quite the pinch,” it says. “Yet physicians will be expected by their patients (though perhaps not required by Initiative 65) to sign off on certifications to receive their supply. Perhaps no liability will lie under state law, but what about federal law?”
In fact, federal courts have ruled that doctors have a First Amendment right to discuss medical cannabis with their patients without risking federal sanction.
“As everyone knows, all it takes to file a lawsuit is a piece of paper and a filing fee, so even if a physician is judged correctly and immunity is appropriate, the matter will still have to be litigated,” the AMA and MSMA brief continues. “And with increased exposure and litigation comes increased costs, not least of which is rising professional liability insurance premiums.”
The legal challenge brought by Madison cites a state law stipulating that “signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot.” But that policy went into effect when Mississippi had five congressional districts, and that’s since been reduced to four, making it mathematically impossible to adhere to.
Advocates see desperation in the court filing, with the medical associations now making a last-ditch effort to overturn the will of voters.
“These are cynical attempts to undermine the democratic process,” Carly Wolf, state policies coordinator for NORML, said. “Legalization opponents have shown time and time again that they cannot succeed in either the court of public opinion or at the ballot box.”
“Thus, they are now asking judges to set aside the votes of over a million Americans in a desperate effort to override undisputed election outcomes,” she said. “Whether or not one supports marijuana legalization, Americans should be outraged at these overtly undemocratic tactics.”
Paul Armentano, deputy director of NORML, said “AMA’s position is woefully out of step with both public opinion and scientific consensus, as well as with the opinions of the majority of physicians.”
“It is regrettable that this organization would go on record in attempting to nullify the vote of a supermajority of Mississippi voters,” he said.
It’s also not especially surprising that these particular groups would join in this legal challenge given their earlier attempts to get voters to reject the reform initiative.
Weeks before the vote, AMA and MSMA circulated a sample ballot that instructed voters on how to reject the activist-led cannabis measure. The mailers said the associations were “asking for you to join us in educating and encouraging our population to vote against Initiative 65.”
Ultimately, however, nearly 74 percent of Mississippi voters approved the legalization initiative.
It will allow patients with debilitating medical issues to legally obtain marijuana after getting a doctor’s recommendation. It includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be allowed to possess up to 2.5 ounces of marijuana per 14-day period.
Marijuana Moment reached out to AMA and MSMA for additional information about the brief, which has not yet been posted on the state court’s public docket, but representative did not immediately respond.
The Mississippi case is just one example of legalization opponents asking the courts to overturn the will of voters who approve marijuana reform.
In South Dakota, another legal challenge against the constitutionality of a legalization initiative is playing out. In this case, plaintiffs—with the backing of Gov. Kristi Noem (R)—are claiming that the recreational marijuana measure violates a state statute requiring that proposals that appear on the ballot on deal with a single subject.
Over in Montana, opponents of a voter-approved initiative to legalize cannabis for adult use attempted to get the state Supreme Court to invalidate the proposal ahead of the vote, but the justices rejected that request, arguing that they failed to establish the urgency needed to skip the lower court adjudication process. They didn’t rule on the merits, however.
The plaintiffs then announced they were pursuing action in a lower court, arguing that the statutory proposal unlawfully appropriates funds, violating a portion of the state Constitution that prohibits such allocations from being included in a citizen initiative.
Separately, the Nebraska Supreme Court ruled in September that a medical marijuana legalization initiative could not appear on the state’s November ballot following a legal challenge, even though activists collected enough signatures to qualify.
The court determined that the measure violated Nebraska’s single-subject rule that limits the scope of what can be placed on the ballot before voters. Activists have already introduced a new initiative that they say will satisfy the court’s interpretation of state law—and their also working on a broader adult-use legalization measure.
New York Governor Releases More Details On Marijuana Legalization Proposal
New York Gov. Andrew Cuomo (D) has released more details of his marijuana legalization proposal, including plans to reinvest in communities most impacted by the war on drugs.
Following his State of the State address last week, in which the governor said enacting the reform could boost the economy while promoting social equity, he unveiled an outline of his agenda that provides more insights into what the state’s legal cannabis market could look like. Next, he’s expected to release the full budget proposal on Tuesday, which will contain much more detailed legislative language.
The State of the State Book released on Friday says Cuomo’s upcoming proposal would create an Office of Cannabis Management to regulate the program, establish national standards and best practices to encourage responsible marijuana consumption and provide for “robust social and economic equity benefits to ensure New York’s law will create an egalitarian adult-use market structure that does not just facilitate market entry but ensures sustained market share for entrepreneurs in communities that have been most harmed by cannabis prohibition.”
Notably, it also states that the plan will “correct past harms by investing in areas that have disproportionally been impacted by the war on drugs, understanding that expunging past cannabis convictions helps to correct the injustice faced on the day that someone was arrested, but fails to correct the lasting harms that arrest has had on citizens, families, and communities.”
That’s important, as the governor in past years has pushed for marijuana tax revenue to be put into the state’s general fund, rather than specifically allocating resources for community reinvestment, as some lawmakers and advocates have urged.
That said, it remains to be seen exactly how the governor’s forthcoming budget will go about “investing” in communities that have been harmed by past prohibition enforcement and whether it will be deemed adequate by legislators and activists who have balked at his past proposals.
Cuomo has included legalization in his last two annual budget plans, but the issue has consistently stalled over details in negotiations.
That said, the legislature will have more influence this year after Senate Democrats secured a supermajority in the November election. If Cuomo were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.
The governor’s new outline also talks about making investments in research into harm reduction and education campaigns to deter youth use and impaired driving.
“Cannabis legalization will create more than 60,000 new jobs, spurring $3.5 billion in economic activity and generating an estimated $300 million in tax revenue when fully implemented,” the document says.
A separate section describes plans to bolster the state’s hemp industry.
To accomplish that, Cuomo will call together a workgroup “composed of hemp growers, researchers, producers, processors, manufacturers, and trade associations to make recommendations for the further development of hemp as a multi-use agricultural commodity and a mature cannabinoid wellness market.”
“The hemp workgroup will explore ways to provide more opportunities for New York growers and manufacturers and work to help facilitate the development of safe New York products that will meet the needs of informed consumers,” the plan says. The group’s recommendations could build upon regulations for hemp and CBD that were developed last year.
But for many advocates, it’s recreational legalization that has the spotlight this session. And to that end, New York lawmakers have made comments in recent months that indicate they feel the reform is inevitable, despite differing opinions on the specifics.
The top Republican in the New York Assembly said last month that he expects the legislature to legalize cannabis this coming session.
Senate Majority Leader Andrea Stewart-Cousins (D) said in November that she also anticipates that the reform will advance next year, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed.
Cuomo also said that month that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to boost the economy amid the health crisis.
The push to legalize in New York could also be bolstered by the fact that voters in neighboring New Jersey approved a legalization referendum in November.
Legislators prefiled a bill to legalize cannabis in New York earlier this month. The legislation, introduced in the Senate by Sen. Liz Krueger (D) and 18 other lawmakers, is identical to a version she filed last year that did not advance.
Separately, several other bills that focus on medical marijuana were recently prefiled in New York, and they touch on a wide range of topics—from tenants’ rights for medical cannabis patients to health insurance coverage for marijuana products.