With about one month left until voters head to the polls, things are heating up in the fight to legalize medical marijuana in Missouri.
Three competing medical cannabis ballot initiatives—including two proposed constitutional amendments and one statutory measure—officially qualified for the ballot in August. And in the weeks since, sponsoring committees for the proposals have engaged in a public rivalry that’s landed Missouri in the national spotlight.
Backing Amendment 2, the group New Approach Missouri has received some of the most high-profile endorsements. Missouri NORML, St. Louis’s NAACP chapter, Freedom Incorporated and the St. Louis American newspaper have all recently thrown their support behind the amendment, for example.
— New Approach MO (@NewApproachMO) September 21, 2018
Taxation seems to be a top concern across the board.
Amendment 3, sponsored by attorney Dr. Brad Bradshaw and Find the Cures, would impose the highest sales tax rate on medical cannabis in the country: 15 percent, compared to 7.25 percent in California. New Approach Missouri has seized on that point, arguing that the measure would be prohibitively expensive for patients by setting the highest medical cannabis tax rate in the nation.
“Amendment 3 is exploiting patients with serious and life-changing diagnosis, like cancer, epilepsy and multiple sclerosis, who are seeking this treatment to ease the pain and suffering from their symptoms,” New Approach Missouri spokesperson Jack Cardetti said in a press release Wednesday.
Amendment 2 would tax retail marijuana sales at four percent, and the third initiative, Missourians for Patient Care-backed Proposition C, would impose a two percent sales tax rate.
(See below for a chart showing how other states that currently allow medical cannabis tax it.)
Find the Cures hasn’t backed down despite pressure from the competing campaigns. In fact, Bradshaw filed lawsuits against Missourians for Patient Care and New Approach Missouri in August, alleging that the former submitted invalid signatures and the latter illegally collected signatures.
New Approach Missouri “ran an intentional, systematic, pervasive, and ubiquitous pattern of instructing individuals to violate the legal requirements of the petition signature gathering process,” Bradshaw claimed in the lawsuit.
But the lawsuits didn’t get far. Bradshaw ultimately dropped his suit against Missourians for Patient Care. And a circuit court denied the other suit against New Approach Missouri—a ruling upheld by an appeals court, which denied the attorney a rehearing, in September.
Missouri voters could have had the opportunity to hear out each campaign’s arguments at a moderated forum last month, but representatives for two of the sponsoring campaigns—Missourians for Patient Care and Find the Cures—dropped out of the debate at the last minute.
Based on polling, it appears likely that Missouri voters will approve at least one of the medical cannabis initiatives. The question is whether these heated campaign fights will lead to vote splitting that could jeopardize the reform efforts. As a general rule, the top vote-getter prevails in Missouri; but in this case, if voters green light both a constitutional amendment and the statutory amendment, the fate of the program could be left largely up to the courts.
And it’s not just competition between pro-legalization sponsors that could influence the vote in November. Outright opponents of marijuana reform are entering the ring, as well. A recently formed committee, Citizens for Safe Medicine, is campaigning against all three of the initiatives. Financial disclosure statements aren’t yet available, though, so it’s not clear what kind of resources the committee will bring to the table.
Citizens for Safe Medicine, which bills itself as a coalition of medical professionals, teachers and businesses, appears to be connected to a nonprofit organized called the Council for Drug Free Youth, which receives some of its funding from the federal government. The nonprofit and the campaign committee share a phone number and at least one staff member, according to public filings and their websites.
For legalization supporters and opponents alike, time to sway the vote in Missouri is quickly running out, though. Election Day is just 32 days away. And on a related note, residents will also have the chance to elect a U.S Senator, both of whom have weighed in on their marijuana policy ahead of the vote.
New Approach Missouri circulated the following chart, using data compiled by the Marijuana Policy Project, that shows how other states with legal medical cannabis tax it:
|State||Sales Tax Rate on Medical Marijuana|
|California||7.25% (state-registered patients exempt from standard sales tax)|
|Hawaii||4% (4.5% on Oahu)|
Photo courtesy of Chris Wallis // Side Pocket Images.
New Jersey Voters Will Decide On Marijuana Legalization Next Year, Senate Leaders Say
New Jersey lawmakers are giving up on plans to enact marijuana legalization through the legislature and are now seeking to put the question before voters on the 2020 ballot.
Senate President Steve Sweeney (D) and Senate Judiciary Committee Chairman Nicholas Scutari (D) announced on Monday that while they had “made further attempts to generate additional support in the Senate to get this done legislatively,” the “votes just aren’t there.” As a result, they filed a proposal that would allow residents to vote on legalization as a constitutional amendment.
“We are moving forward with a plan to seek voter approval to legalize adult use marijuana in New Jersey,” the leaders said in a press release. “We introduced legislation today to authorize a public referendum for a proposal that will lead to the creation of a system that allows adults to purchase and use marijuana for recreational purposes in a responsible way.”
— Brian Thompson (@brian4NY) November 18, 2019
“This initiative will bring cannabis out of the underground so that it can be controlled to ensure a safe product, strictly regulated to limit use to adults and have sales subjected to the sales tax,” they said.
The plan, which NJ.com first reported, is to have the legislature to approve the referendum proposal and get the ballot measure set for a vote in the general election next November. Sweeney and Scutari said they are “confident it will be approved by the Senate, the Assembly and the voters.”
“We will now move forward with a plan that helps correct social and legal injustices that have had a discriminatory impact on communities of color,” they said. “We can make real progress towards social justice at the same time that cannabis is made safe and legal.”
Gov. Phil Murphy (D) said he is “disappointed that we are not able to get this done legislatively and that our failed status quo—which sends roughly 600 people to jail a week for possession, the majority of them people of color—will continue.”
I am disappointed that we are not able to get this done legislatively and that our failed status quo – which sends roughly 600 people to jail a week for possession, the majority of them people of color — will continue.
— Governor Phil Murphy (@GovMurphy) November 18, 2019
“However, I have faith that the people of New Jersey will put us on the right side of history when they vote next November,” he said. “By approving this ballot measure before the end of this legislative session, New Jersey will move one step closer to righting a historical wrong and achieving what I have spent more than three years advocating for.”
By approving this ballot measure before the end of this legislative session, New Jersey will move one step closer to righting a historical wrong and achieving what I have spent more than three years advocating for.
— Governor Phil Murphy (@GovMurphy) November 18, 2019
After months of negotiation, it became apparent that that progress wasn’t going to happen legislatively in the short-term, with Sweeney indicating as early as May that legalization would likely have to be decided through a voter referendum.
Text of the resolution calling for a referendum doesn’t offer many details about what the proposed legal cannabis market would look like; rather it generally describes a system allowing adults 21 and older to use and purchase marijuana from authorized retail facilities. The state’s Cannabis Regulatory Commission would be responsible for regulating the program. And cannabis sales would be subject to the state sales tax, with no additional excise tax added.
As written, the draft ballot question is worded somewhat confusingly. Voters would be asked: “Do you approve amending the Constitution to legalize a controlled form of marijuana called ‘cannabis’?”
“Only adults at least 21 years of age could use cannabis,” it continues. “The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market. Retail sales of cannabis products in this new market would be subject to the State’s sales tax, and no other form of tax.”
Assembly Speaker Craig Coughlin (D) said in a press release that his chamber “will vote on legislation to put an adult-use cannabis question before the voters.”
— NJAssemblyDemocrats (@njassemblydems) November 18, 2019
“We plan to pass the measure this year and next in order for New Jerseyans to have the opportunity to make the decision in November 2020 when we expect voter turnout to be high due to the presidential election,” he said.
Prohibitionist group Smart Approaches to Marijuana celebrated news of the legislature abandoning plans to pursue legalization legislatively this session and said it would invest resources into a campaign to dissuade voters from supporting the proposed ballot initiative.
BREAKING: New Jersey State Senate abandons push to legalize marijuana during 'lame duck' session.
The marijuana industry outspent SAM 86-1 in this effort.
Our statement: pic.twitter.com/MPtI2fNIzx
— SAM (@learnaboutsam) November 18, 2019
While adult-use legalization hasn’t panned out as advocates hoped, Murphy did sign a bill significantly expanding the state’s medical cannabis program in July. Sweeney had pointed to that reform move as one reason legalization negotiations stalled.
It’s not clear how the ballot approach is going to impact discussions about regionally coordinating legalization plans in the Northeast, which has been ongoing since New York Gov. Andrew Cuomo (D) and Connecticut Gov. Ned Lamont (D) met to talk about the issue over the summer.
During a joint meeting of governors from around the region last month, Murphy said that “doing things in an intelligent, coordinated, harmonious way is good for the entirety of not just our states but our residents” and emphasized the need for social justice components in a legal cannabis market.
Read the text of the New Jersey marijuana legalization referendum resolution below:
This story has been updated to include comments from the governor and assembly speaker.
Sanders Pledges Legal Marijuana ‘In Every State’ As Biden Faces ‘Gateway Drug’ Backlash
As former Vice President Joe Biden faces a backlash over his suggestion that marijuana could be a ‘gateway’ drug, rival presidential candidates such as Sens. Bernie Sanders (I-VT) and Kamala Harris (D-CA), as well as entrepreneur Andrew Yang, are touting their own support for cannabis reform proposals
One day after Biden said he doesn’t support national cannabis legalization because there’s “not nearly been enough evidence that has been acquired as to whether or not it is a gateway drug,” Sanders offered a competing vision, emphasizing in a speech that he wants to “make marijuana legal in every state in the country,” rather than allow prohibition to continue in certain states.
The senator also discussed other elements of a cannabis reform plan he released last month, including his pledge to “expunge the records of those arrested for possession of marijuana” and provide funding to promote participation in the legal industry by individuals from communities most impacted by the war on drugs.
“It sounds unfair that when we legalize marijuana, you end up having a handful of corporations controlling that industry,” Sanders said during the Sunday event in Las Vegas. “We have built into our criminal justice program an effort to provide many billions of dollars in help to people in the African-American community, Latino community, other communities, the people who have been hit the hardest by the war on drugs, to help them profit off a legal marijuana system.”
Watch Sanders’s marijuana comments, around 33:00 into the video below:
Sanders described his three-step plan to prevent large corporations from controlling the cannabis market during an interview on Showtime’s Desus & Mero last month.
Separately, he took to Twitter on Sunday to highlight new polling showing that a majority of Americans support legalizing marijuana.
The American people are united on issue after issue. We must legalize marijuana now—and expunge all past marijuana convictions as a matter of racial and economic justice. https://t.co/NQjp7WOko3
— Bernie Sanders (@SenSanders) November 17, 2019
Meanwhile, Harris also appeared to take a direct hit at Biden over his “gateway drug” comment, stating that the debate on that matter is already settled.
Let's be clear: marijuana isn't a gateway drug and should be legalized. Glad to see my bill with Rep. Nadler take the next step in the House this week. https://t.co/d6BcMFlpYT
— Kamala Harris (@KamalaHarris) November 18, 2019
“Let’s be clear: marijuana isn’t a gateway drug and should be legalized,” she tweeted, adding that she’s glad that a bill she and House Judiciary Chairman Jerrold Nadler (D-NY) filed earlier this year to federally deschedule cannabis is scheduled for a vote in the House this week.
Harris herself has faced pushback from reform advocates and challengers who point out that the senator was involved in criminalizing cannabis consumers, and opposed legalization, during her time as a prosecutor.
Yang, for his part, presented a visual contrast to Biden on Monday, sharing photos of him smiling, surrounded by dozens of trimmed marijuana plants in an undisclosed facility.
He also wrote in a tweet that cannabis “should be legal nationwide” and linked to a campaign site page laying out his reform plan.
Marijuana should be legal nationwide. It is already legal in several states, it reflects a safer approach to pain relief than opiates, and our administration of drug laws is deeply uneven and racist. https://t.co/0Uhl17MW98
— Andrew Yang🧢 (@AndrewYang) November 18, 2019
“It is already legal in several states, it reflects a safer approach to pain relief than opiates, and our administration of drug laws is deeply uneven and racist,” Yang said.
Biden has drawn criticism from lawmakers outside of the presidential race as well, with Rep. Earl Blumenauer (D-OR) calling him out on Monday.
Get with the program, @JoeBiden.
Not only do we have legislation that would solve the issue of research, the American people overwhelmingly support legalizing cannabis—period.
The war on drugs has ruined countless lives. It's past time we end this senseless prohibition.
— Earl Blumenauer (@repblumenauer) November 18, 2019
“Get with the program, @JoeBiden,” the congressman, who has spearheaded Capitol Hill efforts to end federal prohibition, said. “Not only do we have legislation that would solve the issue of research, the American people overwhelmingly support legalizing cannabis—period.”
“The war on drugs has ruined countless lives,” he said. “It’s past time we end this senseless prohibition.”
Photo courtesy of Facebook/Bernie Sanders.
AOC Calls For Decriminalizing The Use Of All Drugs
Rep. Alexandria Ocasio-Cortez (D-NY) voiced support for decriminalizing the use of all drugs on Sunday.
The freshman congresswoman tweeted that drug decriminalization, as well as marijuana legalization, are “matters of public health.”
Marijuana should be legalized, and drug consumption should be decriminalized.
These are matters of public health.
— Alexandria Ocasio-Cortez (@AOC) November 18, 2019
This marks a development in Ocasio-Cortez’s drug policy platform. Previously, she called for decriminalizing the use and research of psychedelics, emphasizing the therapeutic potential of the substances.
To that end, she introduced an amendment to a spending bill in June that would remove a rider that advocates argue has inhibited research into the potential therapeutic benefits of Schedule I drugs such as psilocybin and LSD. The House rejected that measure in a floor vote, however.
There’s a growing push to decriminalize the personal possession of drugs beyond cannabis. South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI), both Democratic presidential candidates, are in favor of the policy. Entrepreneur Andrew Yang supports decriminalizing opioids as a means to combat the drug overdose crisis.
Ocasio-Cortez recently gave her endorsement to Sen. Bernie Sanders (I-VT). But while the senator was the first major presidential candidate to back marijuana legalization during his 2016 run, he said this year he’s “not there yet” on broader drug decriminalization. It’s not clear if the congresswoman’s role as a surrogate on his campaign will ultimately influence him to adopt the policy.
But as more candidates debate the best way forward on various drug reform proposals, with cannabis legalization being a given for almost all contenders, former Vice President Joe Biden remains several paces behind. He opposes adult-use legalization and said on Saturday that marijuana may be a gateway to other, more dangerous substances.
Photo courtesy of C-SPAN.