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Legalization On The Ballot: Live Marijuana Election Results

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Voters in several states are deciding on far-reaching marijuana ballot measures today, and the results of a number of congressional and gubernatorial races could have big consequences for cannabis policy.

Stay tuned here with Marijuana Moment all day for live updates—in reverse chronological order, with times listed in ET—on all the latest marijuana election night news. And follow us on Twitter for even more granular updates as Election Day unfolds and votes are counted.


12:40 AM

Voters in at least 14 counties across Wisconsin have embraced various marijuana reform policies in the form of non-binding advisory questions. A total of 16 counties had questions about legalization or decriminalization on the ballot, but the results of two other questions are still being tracked.

And at last count, a total of five Ohio cities approved local marijuana decriminalization initiatives. Only one of six cities that had similar measures on the ballot rejected decriminalization.

Marijuana Moment is signing off for the night. Thank you for following! Subscribe to our newsletter and stay tuned in the coming days as we analyze all the results and what they mean.


12:25 AM

Utah voters just approved a measure to legalize cannabis for medical use, Fox 13 has projected. Read Marijuana Moment’s breaking news story for more details on the state’s new cannabis law.

Utah Voters Approve Medical Marijuana Legalization Ahead Of Compromise Deal


11:35 PM

Michigan voters just approved a ballot measure to legalize marijuana. Read Marijuana Moment’s breaking news story for more details on the state’s new cannabis law.

Michigan Voters Just Approved Full Marijuana Legalization


11:25 PM

Rep. Michelle Lujan Grisham (D-NM) has been elected governor of New Mexico, the Associated Press has projected. The congresswoman said she was open to signing a bill to fully legalize cannabis in the state, but that it’d be contingent on the legislation. Specifically, she wants to make sure that edibles are regulated, workplace safety is ensured and the state’s existing medical marijuana program isn’t negatively impacted.

Lujan Grisham has backed several amendments in Congress that would protect state legal marijuana programs from federal interference. Her gubernatorial campaign was also endorsed by the pro-reform Drug Policy Alliance.

And Rep. Tim Walz (D-MN) has been elected governor of Minnesota. The sitting congressman has been a decisively pro-legalization politician, and earlier this year his proposal to have the Department of Veterans Affairs study the benefits of medical marijuana for military veterans became the first-ever standalone cannabis bill to get approval from a congressional committee.

The time has come to “replace the current failed policy with one that creates tax revenue, grows jobs, builds opportunities for Minnesotans, protects Minnesota kids, and trusts adults to make personal decisions based on their personal freedoms,” Walz said.


11:20 PM

Democrat Gavin Newsom has been elected governor of California. As lieutenant governor, he became one of the first mainstream Democrats to endorse legalization when he told the New York Times in 2012 that “these laws just don’t make sense anymore” and “it’s time for politicians to come out of the closet on this.”

Newsom then empaneled a blue ribbon commission on cannabis whose report informed the drafting of the state’s successful 2016 legalization ballot measure, for which he actively campaigned. As governor, he is expected to support legislation expanding the state’s marijuana laws and to work to protect them from any moves by the federal government to interfere with them.

He is one of several gubernatorial candidates running this year on platforms that include support for marijuana legalization.


11:10 PM 

North Dakota’s marijuana legalization ballot measure has failed, the Associated Press has projected. Read Marijuana Moment’s breaking news story for more details.

North Dakota Voters Reject Marijuana Legalization Measure


11:02 PM

One of three initiatives seeking to legalize medical marijuana in Missouri has passed, the Associated Press has projected. Two other competing initiatives have failed. Read Marijuana Moment’s breaking news story for more details on the state’s new cannabis law.

Missouri Voters Approve Medical Marijuana Measure


10:48 PM

Rep. Beto O’Rourke (D-TX) has lost his senate bid to Sen. Ted Cruz (R-TX), the Associated Press has projected. O’Rourke has been a leading voice for marijuana and drug policy reform since his days as an El Paso city councilman. He’s also cosponsored several marijuana bills in Congress. Cruz, meanwhile, has voiced support for letting states set their own marijuana laws, but he hasn’t ever cosponsored legislation to that effect.


10:37 PM

Incumbent Rep. Scott Taylor (R-VA) has lost to Democratic challenger Elaine Luria. Taylor, a former Navy SEAL, is one of a handful of House Republicans who’ve backed legislation to reform federal marijuana laws. Luria, also a Navy veteran, has challenged the Department of Veterans Affairs over its refusal to recommend medical cannabis to patients.


10:35 PM

Dayton, Ohio, voters appear to have approved a citywide measure to decriminalize marijuana. The measure was leading strongly with 74-26 percent margin, with 83 percent of precincts reporting. Dayton is the sixth most populous city in Ohio. A similar measure also passed in Norwood, Local12 reported.


10:30 PM

CNN is projecting that Republicans will win enough seats to retain control of the Senate.


10:25 PM

NBC News is projecting that Democrats will win enough seats to retake control of the House.

Because Republican leadership has blocked all cannabis amendments from being voted in during the current session of Congress—more than three dozen altogether—many legalization supporters believe that a change in party control will benefit marijuana reform.

Rep. Earl Blumenauer (D-OR) released a step-by-step “blueprint” last month for how Democrats can legalize cannabis federally in 2019, from hearings to votes, all laid out on a timeline.

That said, party leaders haven’t been so enthusiastic when asked about the issue.

Minority Whip Steny Hoyer (D-MD), for example, said top Democrats “haven’t talked about that” when he was asked about pushing cannabis reform in next year.

And Nancy Pelosi (D-CA), the minority leader who is expected to seek the speakership again, suggested that marijuana bills’ success would largely depend on support from President Trump.

“I don’t know where the president is on any of this,” she said. “So any decision about how we go forward would have to reflect where we can get the result.”


10:22 PM

Rep. Pete Sessions (R-TX) has been defeated by Democratic challenger Colin Allred, NBC News has projected. As chairman of the House Rules Committee, Sessions is the key reason that his colleagues haven’t been able to vote on any cannabis amendments for the past two years—he has blocked every single one from advancing to the floor for consideration. Regardless of whether the Democrats take control of the House tonight, the fact that Sessions won’t be in Congress next years means that marijuana reform already has a much greater chance of advancing.


10:15 PM

Sen. Heidi Heitkamp (D) lost her reelection bid to challenger Rep. Kevin Cramer (R), NBC News has projected. Both candidates had said that states should be able to implement their own marijuana laws without federal interference, but they also each voted against the legalization measure that appeared on North Dakota’s ballot today. Heitkamp’s loss makes it that much harder for Democrats to gain control of the Senate, already a questionable prospect in light of previous results in other states tonight.

And Rep. David Joyce (R-OH) has been reelected, the Associated Press has projected. This year, he championed marijuana amendments in the House Appropriations Committee—to protect state medical cannabis laws from federal interference and to protect banks that work with marijuana businesses.


10:07 PM

West Virginia State Senator Richard Ojeda (D) has lost a U.S. House race to Republican opponent Carol Miller. The former Army paratrooper campaigned heavily on a pro-legalization platform, and he was the chief sponsor of a bill to legalize medical cannabis in the conservative state. Miller, who serves on the GOP leadership team in the West Virginia House of Delegates, voted in favor of the medical cannabis bill—but she’s also peddled some dubious claims about the impact of consuming cannabis while pregnant.


10:03 PM

Rep. Carlos Curbelo (R-FL) has been defeated by Democratic challenger Debbie Mucarsel-Powell, CNN has projected. One of a handful of GOP lawmakers to have taken a leadership role on marijuana issues, Curbelo this Congress was the chief sponsor of legislation to repeal the 280E tax penalty on cannabis businesses and is a lead cosponsor of the Marijuana Data Collection Act, which would require the federal government to study the effects of legalization. His absence from Capitol Hill next year means that cannabis reform supporters will need to work to find other GOP lawmakers to take the lead Republican role on key bills.


10:00 PM

Polls just closed in Utah! We’ll bring you results on the medical marijuana ballot measure as soon as we have them.


9:45 PM

Colorado voters have elected Rep. Jared Polis (D-CO) as governor, NBC News has projected. In Congress since 2009, Polis has a consistent record of sponsoring or cosponsoring legislation aimed at reforming federal marijuana laws, including a bill to regulate cannabis like alcohol.

And former Michigan lawmaker Gretchen Whitmer, a Democrat, has won the race for Michigan governor, Fox News has projected. She’s emphasized that, should Michigan voters also choose to fully legalize marijuana on Tuesday, it’s critical to implement the system properly. For her part, Whitmer said she’s a “yes” vote on the state’s legalization proposal.

Separately, a statewide initiative in Ohio to reduce penalties for select drug offenses from felonies to misdemeanors has been rejected, WPCO reported.


9:40 PM

The night is still young, but early returns are showing that marijuana reform measures are enjoying more support than opposition in at least two states and one city.

In Michigan, a measure to fully legalize marijuana has a strong lead, 56-44 percent, with four percent of precincts reporting.

Two out of three initiatives seeking to legalize medical cannabis in Missouri are ahead, as well. Amendment 2, backed by New Approach Missouri, is up 70-30 percent. Proposition C, meanwhile, is ahead 54-46 percent. Less than one percent of precincts are reporting.

But in North Dakota, a measure seeking to fully legalize marijuana is down, 29-71 percent, with about seven percent of precincts reporting.

In Dayton, Ohio—the sixth most populous city in the state—a proposal to decriminalize marijuana is up 75-25 percent, with about 20 percent reporting.

One other drug reform measure—a bid to allow former felons to vote—has been approved, NBC News projected.


9:10 PM

Incumbent New York Gov. Andrew Cuomo (D) has won another term in office, CNN projected. Cuomo’s position on marijuana policy has evolved dramatically throughout his campaign, possibly in response to his progressive primary challenger Cynthia Nixon, who offered a full-throated endorsement of legalization early on.


9:05 PM

NBC News projects that in Indiana’s U.S. Senate race, Republican Mike Braun has defeated Democratic Sen. Joe Donnelly (D).

In a debate earlier this year, former state representative Braun voiced soft support for medical marijuana, saying that the issue should be seen in terms of “free markets and freedom of choice” for patients.

In a subsequent debate, Braun underscored his support for states’ rights on the medical cannabis issue, asserting that “states are a great laboratory” and “if a state wants to go to medical marijuana, it ought to be their prerogative.”

As a House member, Donnelly voted against a measure to protect state medical cannabis laws from federal interference, but this year he signed onto a Senate bill to encourage more research on the medical benefits of marijuana for military veterans. His loss makes it harder for Democrats to capture the Senate.


9:00 PM

Wisconsin polling places are now closed. Sixteen counties and two cities voted on marijuana advisory questions today. We’ll have the results when they come in…


8:45 PM

Incumbent Rep. Andy Barr (R-KY) won reelection against Democratic challenger Amy McGrath, a former Marine fighter pilot.

Barr has voted against numerous bills and amendments seeking to reform federal marijuana laws. However, he did sponsor an amendment this year that would have at least enabled hemp businesses to access banks. There’s a “proud history in America and in Kentucky [for hemp] as an agriculture product,” he said at the time.

With polls closing in Kentucky before most other states tonight, the race was seen as an early bellwether of Democrats’ chances of taking control of the House. That said, the party has already flipped several other GOP-held seats this evening.


8:40 PM 

Democrat Ben Jealous, a former NAACP president, has lost his race for governor of Maryland, NBC News is projecting. Jealous campaigned on a platform to legalize marijuana and use revenue from cannabis sales to fund a universal pre-kindergarten program. Incumbent Gov. Larry Hogan (R) has said that legalization is “worth taking a look at.


8:30 PM

Early returns show that a measure to fully legalize marijuana in Michigan is ahead 53-47 percent, with less than one percent reporting.


8:20 PM

Venture capitalist J.B. Pritzker, a Democrat, has beat out incumbent Gov. Bruce Rauner (R) to become the next governor of Illinois, NBC News projected. Marijuana legalization was a primary campaign promise from Pritzker, and he’s emphasized both the economic benefits of legalization as well as the racial injustice of prohibition.

“Criminalizing marijuana hasn’t made our communities safer, but has disproportionately impacted black and brown communities,” he said. “The criminalization of cannabis never has been and never will be enforced fairly, and it’s time to bring that to an end. To right past wrongs, we also have to commute sentences of people in prison who are there for marijuana offenses.”


8:15 PM

Rep. Pete Sessions (R-TX)—a staunch prohibitionist who has systematically blocked votes on marijuana-related legislation—is trailing behind Democratic challenger Colin Allred, with less than one percent of precincts reporting.


8:00 PM

Missouri polls are now closed. We’ll be watching for the results of the three separate medical marijuana ballot measures.

Polls also just closed in most of Michigan. Stay tuned to see if voters approved the marijuana legalization ballot measure. (Small portions of the state are still voting for another hour.)


7:30 PM

Polling places just closed in Ohio. We’ll be watching to see how voters in six cities decided on local marijuana decriminalization ballot measures.


7:15 PM

The Associated Press projects that Rep. James Comer (R-KY) has been reelected by a large margin. Comer is the chief sponsor of hemp legalization legislation in the U.S. House, provisions of which are likely to be included in the Farm Bill—with the support of Senate Majority Leader Mitch McConnell (R-KY).


6:05 PM

Marijuana Moment asked our Twitter followers how they felt about voting on marijuana measures on their ballots today. Here are a few particularly interesting responses:


5:30 PM

Another sign that voter turnout is surging in Missouri: “The Boone County Clerk, which is home to the University of Missouri, is now saying that voter turnout in the county might reach 80 percent,” Jack Cardetti, spokesperson for the pro-legalization New Approach Missouri, told Marijuana Moment. “Unheard of in a midterm.”


5:10 PM

Josh Hovey, spokesperson for the Coalition to Regulate Marijuana Like Alcohol, told Marijuana Moment that the group is “cautiously optimistic at this point” about the prospect of Michigan passing the full legalization measure, Proposal 1.

“Polling has consistently shown the percentage of support for Proposal 1 to be in the high 50s to low 60s, but it’s important that every single one of our supporters get to the polls and have their vote counted,” he said.


4:45 PM

Registering to vote is important, as this dispatch from Michigan shows:


4:10 PM

There are more signs that voter turnout in Utah, where medical cannabis is on the ballot, is especially strong this election. The state’s election office told reporter Ben Winslow that mail-in ballot turnout alone is over 50 percent at this point, which equates to about 725,000 ballots. That means mail-in turnout is higher than the total voter turnout in 2014 (557,973 ballots) and 2010 (653,274 ballots).

Long lines to vote are being observed at the Salt Lake County Government Center and at a courthouse in Utah County, where the wait time is reportedly hovering around three hours.


3:50 PM

Here’s a look at some of the pro- and anti-legalization ads that blanketed the airwaves in recent weeks in states with marijuana measures on the ballot.

Watch more marijuana campaign ads here.


3:40 PM

Former Michigan police office Howard Wooldridge, who now lobbies for cannabis and drug policy reform in Washington, D.C. with the group Citizens Opposing Prohibition, is on the ground in his former state and told Marijuana Moment that he has a good feeling about the marijuana legalization ballot measure.

“My thoughts from the streets of [Michigan]… feels much like [Colorado] in 2012,” he said in a email. “That, plus the polls hanging very steady for 9 months… I feel very good that Prop One will pass, most of the credit going to the MI activists over the past 10 years + the last 10 months.”

Detroit News reporter Jonathan Oosting is also on the ground in Michigan. He’s been asking voters which candidates or issues motivated them to hit the polls and wrote that he’s “hearing a lot about marijuana legalization Proposal 1, both from supporters and opponents.”


2:35 PM

Voter turnout is way up in North Dakota, where marijuana legalization is on the ballot.

According to the secretary of state’s office, more than 144,000 people filed their ballots early in the midterm election, a number that exceeded those for two previous presidential elections in 2012 and 2016.

Meanwhile, election day turnout seems robust as well, according to reports from local journalists. One reporter cited a Republican election observer who said the legalization measure itself is driving “strong turnout.”

And columnist Rob Port, who predicted on his blog this morning that voters will approve legal cannabis, also documented big lines at his polling place.


2:20 PM

Here’s a look at the actual ballot language of the cannabis initiatives that voters in seven states will be deciding on today.

Fun fact: Voters in Racine, Wisconsin will see six separate marijuana measures on their ballots today because the city and county each approved three nonbinding cannabis questions.


2:00 PM

Utah voter turnout is exceptionally high so far. A Salt Lake Tribune columnist predicted that, at this rate, 800,000 residents will be casting their ballot this election. That would represent a 39 percent increase from the 2014 election.

Big turnout and a surge of newly registered voters participating in the election could help give Utah’s medical cannabis measure a boost.

But a reminder: even if Proposition 2 fails, advocates and opponents reached a compromise earlier this year that effectively guarantees Utah patients will have access to medical cannabis down the line. Lawmakers are working on a bill to achieve just that, and an updated draft of the legislation was released on Monday.

While most of the language of the initial draft remained intact, the new draft strikes a provision that would have required criminal background checks for patients and increases protections for pharmacists and physicians who become involved in dispensing cannabis.


1:20 PM

Michigan residents shouldn’t be deterred from voting if they see reports about power outages due to strong winds at their polling location, a spokesperson for the Michigan Secretary of State told MLive. Tabulators have backup batteries, and poll workers should be prepared in the event of an outage.

One area that doesn’t need to be reminded of that fact is Lansing, Michigan, where several precincts are reporting strong turnout in spite of the bad weather.

That said, other precincts—particularly those around Detroit—are experiencing problems with malfunctioning voting machines that have left voters waiting in “seemingly interminable lines.”


12:20 PM

Good morning, California! Time to vote. Statewide, there are 78 jurisdictions—10 counties and 68 cities—voting on a total of 94 ballot measures concerning marijuana tax rates and the licensing of cannabis businesses.


12:00 PM

Cannabis enthusiast celebs are urging their supporters to get out to the polls.


11:50 AM

Marijuana Moment took a final pre-election look at campaign finance reports for and against cannabis ballot measures. We found that the opposition outraised marijuana reform supporters almost everywhere.

Read our full report here.


11:40 AM

Missouri voters are hitting the polls in seemingly record numbers this morning—but not without a few hitches. One voting machine went down at Lee’s Summit City Hall, others were on the fritz at the Don Bosco Senior Center. And election monitors have reportedly received complaints that poll workers at locations across the state are “wrongly telling voters they need to present photo ID.”

What’s more, at least five polling locations in St. Louis “are inaccessible to people with disabilities,” St. Louis Post-Dispatch reporter Blyth Bernhard wrote. That could prove especially onerous for patients with disabilities who want to vote on one of the cannabis measures on the ballot.

The good news is that, by all accounts, voters are turning out in high numbers.


11:00 AM

Kevin Sabet, president of the prohibitionist group Smart Approaches to Marijuana, has already signaled that he anticipates at least some defeats after the group spent millions funding anti-legalization campaigns in states with marijuana on the ballot. In a tweet, he wrote that success “doesn’t hang on a ballot measure, a vote, a fleeting day.”

Similarly, Sabet downplayed the significance of a “yes” vote for California’s 2016 adult-use legalization measure—four days before Election Day.


9:00 AM

Polling places just opened in Utah, where voters will see a medical marijuana measure on their ballots.


8:45 AM

Local journalists are reporting that electricity is out in parts of Michigan as a result of high winds, with a restoration of power not estimated until later this afternoon.

For what it’s worth, executives for the local power company, DTE Energy, as well as its affiliates, have donated significant funds against the state’s marijuana legalization ballot measure.


8:05 AM

Jack Cardetti, spokesman for New Approach Missouri, released an Election Day statement urging voters to support his group’s medical cannabis measure over that of another competing campaign, which he called “self-centered and nonsensical.”

“Today is a big day for Missouri patients and veterans. Voters finally have the opportunity to decide whether Missouri will become the 31st state to allow doctors to recommend medical marijuana to patients and veterans with serious and debilitating illnesses.

We believe Missouri voters are ready to have this safe, compassionate option available to suffering patients through Amendment 2.

We also believe Missourians will reject Amendment 3, Brad Bradshaw’s self-centered and nonsensical attempt to become Missouri’s medical marijuana czar. Missouri patients and veterans deserve a common-sense medical marijuana law designed for them, not to benefit one individual.

We feel confident Missourians today will pass Amendment 2 to help patients and veterans, and also give it more votes than Amendment 3.”


8:00 AM

Polls just opened in much of North Dakota, where voters will have a chance to enact a marijuana legalization measure.

People in Wisconsin can now head to their voting booths as well, where counties and cities representing roughly half the state’s population will have nonbinding cannabis questions on the ballot.


7:00 AM

Polls are now open in most of Michigan, where voters will decide whether to make the state the next to legalize marijuana.

Election day also just began in Missouri, where there are three separate medical cannabis measures on the ballot.


6:30 AM

Marijuana election day has officially begun! Voters in Ohio can now head to the polls, with those in six cities having the chance to approve cannabis decriminalization measures.


Photo courtesy of Jurassic Blueberries.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

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Amazon Endorses GOP-Led Bill To Federally Legalize Marijuana

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Amazon, the second largest private employer in the U.S., is backing a Republican-led bill to federally legalize, tax and regulate marijuana.

The company’s public policy division said on Tuesday that it is “pleased to endorse” the legislation from Rep. Nancy Mace (R-SC), who filed the States Reform Act in November as a middle-ground alternative to more scaled back GOP proposals and wide-ranging legalization bills that are being championed by Democrats.

“Like so many in this country, we believe it’s time to reform the nation’s cannabis policy and Amazon is committed to helping lead the effort,” the company, which previously expressed support for a separate, Democratic-led legalization bill, said.

Amazon has worked to adapt to changing marijuana policies internally as it’s backed congressional reform, enacting an employment policy change last year to end drug testing for cannabis for most workers, for example.

Months after making that change—and following the introduction of the States Reform Act—Mace met with Amazon and received the company’s endorsement, Forbes reported.

“They don’t want to sell it,” the freshman congresswoman said, adding that Amazon is primarily interested in backing the reform for hiring purposes instead of as a way to eventually sell cannabis. “It opens up the hiring pool by about 10 percent.”

Brian Huseman, Amazon’s vice president of public policy, said the bill “offers comprehensive reform that speaks to the emergence of a bipartisan consensus to end the federal prohibition of cannabis.”

Amazon’s drug testing decision was widely celebrated by reform advocates and industry stakeholders. Initially, the company only talked about ending the policy going forward. But it later disclosed that the policy change would also be retroactive, meaning former workers and applicants who were punished for testing positive for THC will have their employment eligibility restored.

The reason for the move away from marijuana testing was multifaceted, Amazon said at the time. The growing state-level legalization movement has made it “difficult to implement an equitable, consistent, and national pre-employment marijuana testing program,” data shows that drug testing “disproportionately impacts people of color and acts as a barrier to employment” and ending the requirement will widen the company’s applicant pool.

The GOP congresswoman’s bill already has the support of the influential, Koch-backed conservative group Americans for Prosperity.

The measure would end federal cannabis prohibition while taking specific steps to ensure that businesses in existing state markets can continue to operate unencumbered by changing federal rules.

Mace’s legislation has been characterized as an attempt to bridge a partisan divide on federal cannabis policy. It does that by incorporating certain equity provisions such as expungements for people with non-violent cannabis convictions and imposing an excise tax, revenue from which would support community reinvestment, law enforcement and Small Business Administration (SBA) activities.

Marijuana Moment first reported on an earlier draft version of the bill in November, and it quickly became apparent that industry stakeholders see an opportunity in the Republican-led effort.

The reason for that response largely comes down to the fact that there’s skepticism that Democratic-led legalization bills—including the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act that Amazon has also endorsed—will be able to pass without GOP buy-in. While Democrats hold majorities in both chambers, in addition to controlling the White House, the margins for passage are slim.

The MORE Act did clear the House Judiciary Committee in September, and a previous version passed the full House during the last Congress. Senate leadership is preparing to file a separate legalization proposal after unveiling a draft version in July.

Virginia House Committee Pushes Back Psychedelics Decriminalization Bill Until 2023, But Senate Proposal Still Pending

Photo courtesy of Max Pixel.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Virginia House Committee Pushes Back Psychedelics Decriminalization Bill Until 2023, But Senate Proposal Still Pending

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A bill to decriminalize a wide array of psychedelics in Virginia was taken up by a House of Delegates panel on Monday, only to be pushed off until 2023. But there’s still a separate but similar reform proposal that’s pending in the Senate.

Advocates were hopeful that a House Courts of Justice subcommittee would advance the reform, especially after an amendment from the sponsor was adopted to more narrowly apply decriminalization to medical practitioners and people using psychedelics in treatment with a practitioner.

But following some discussion of Del. Dawn Adams’s (D) bill, members approved a motion to carry it over to next year to give the legislature more time to refine it and build support. It was a disappointment for activists, and there was particular surprise that the delay motion was made by House Minority Leader Charniele Herring (D)‎, who is well known for championing marijuana legalization in the state.

Adams said in her opening remarks before the subcommittee that she has “spent considerable time hearing from researchers, meeting with both local and nationwide community advocates, speaking with veterans and personally reading dozens of publications and studies about the benefits of plant medicine.”

“What I’ve been able to learn is that there is strong evidence to support plant medicines—once thought dangerous—that really are effective and safe treatments,” she said.

There seemed to be some confusion among certain members about what the legislation would actually do.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

One member asked whether doctors would be able to prescribe psychedelics and whether the state would “see peyote stores and psilocybin stores basically popping up.”

The bill as amended wouldn’t legalize psychedelics for medical or recreational use. It would simply make it so practitioners and people participating in psychedelics treatment would face a $100 fine for possessing peyote, ibogaine, psilocybin or psilocyn. Currently, such possession is considered a Class 5 felony.

Any dollars collected from psychedelics possession violations would go to the state’s Drug Offender Assessment and Treatment Fund, which supports substance misuse treatment programs and drug courts.

But following testimony from advocates and researchers, Herring said that “there’s a lot of issues have been raised” and that she’d like to see a “prescription element” built into the legislation. Of course, because the psychedelics are federally controlled substances, doctors are precluded from prescribing them, but they could theoretically make recommendations, as is done in medical cannabis states.

In any case, the motion carried and that bill has now been set aside until next year. Now advocates are eager to see what happens with a separate, more limited reform measure that was considered in the Senate Judiciary Committee last week.

At that meeting, there was bipartisan support—including from the GOP minority leader—but also talk about making the decriminalization proposal more medically focused. The sponsor, Sen. Ghazala Hashmi (D), agreed to go back and make revisions so that the panel could reconsider it at a future meeting. The expectation was that it would be taken back up this week, but it’s not currently listed on the panel’s agenda for Wednesday.

The bill is scaled back compared to the House version because, as drafted, it would only decriminalize psilocybin and psilocyn by adults 21 and older. It’s unclear what kind of amendments the sponsor might offer when the committee takes up the legislation again.

At a recent virtual event organized by the reform group Decriminalize Nature Virginia, the sponsors of both bills participated as hosts, sharing their perspectives about the growing body of research indicating that psychedelics could be powerful tools to combat conditions like treatment-resistant depression and post-traumatic stress disorder (PTSD).

If the legislature does approve the legislation, it could face resistance from the state’s incoming Republican governor, Glenn Youngkin, who has expressed concerns about implementing a commercial marijuana market in line with what the Democratic legislature and outgoing governor approved last year.

These psychedelics reform proposals are some of the latest to be introduced in state legislatures this session as the decriminalization movement spreads.

For example, two Republican Oklahoma lawmakers recently filed bills meant to promote research into the therapeutic potential of psilocybin, and one of the measures would further decriminalize low-level possession of the psychedelic.

A GOP Utah lawmaker also introduced a bill last week that would set up a task force to study and make recommendations on the therapeutic potential of psychedelic drugs and possible regulations for their lawful use.

In Kansas, A lawmaker also recently filed a bill to legalize the low-level possession and cultivation of psilocybin mushrooms.

A Republican Missouri lawmaker introduced a bill this month to give residents with serious illnesses legal access to a range of psychedelic drugs like psilocybin, ibogaine and LSD  through an expanded version of the state’s existing right-to-try law.

California Sen. Scott Wiener (D) told Marijuana Moment in a recent interview that his bill to legalize psychedelics possession stands a 50/50 chance of reaching the governor’s desk this year. It already cleared the full Senate and two Assembly committees during the first half of the two-year session.

In Michigan, a pair of state senators introduced a bill in September to legalize the possession, cultivation and delivery of various plant- and fungi-derived psychedelics like psilocybin and mescaline.

Washington State lawmakers also introduced legislation this month that would legalize what the bill calls “supported psilocybin experiences” by adults 21 and older.

In Vermont, a broad coalition of lawmakers representing nearly a third of the House introduced a bill to decriminalize drug possession.

New Hampshire lawmakers filed measures to decriminalize psilocybin and all drugs.

Last year, the governor of Connecticut signed legislation that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

At the congressional level, bipartisan lawmakers sent a letter to the Drug Enforcement Administration (DEA) this month, urging that the agency allow terminally ill patients to use psilocybin as an investigational treatment without the fear of federal prosecution.

Oklahoma Republicans File Bills To Decriminalize Psilocybin And Encourage Research On Medical Benefits

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Mississippi Lawmakers Reach Deal To Send Medical Marijuana Bill To Governor This Week

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Mississippi House and Senate lawmakers have reached an agreement to send a bill to legalize medical marijuana to the governor’s desk this week. Following Senate action on Tuesday, the bill will now go to a bicameral conference committee to finalize details of the legislation, with votes in both chambers for final passage expected on Wednesday.

Sen. Kevin Blackwell (R) and Rep. Lee Yancey (R) discussed the agreement at a press conference on Tuesday. There was an opportunity for a concurrence vote in the Senate—where the bill originated and advanced to the House this month and was then amended—but following pushback from the Mississippi Municipal League (MML) over a House change related to zoning rules for cannabis businesses, the Senate voted against concurrence and will instead move the measure to conference.

This comes more than 14 months after voters in Mississippi passed an initiative to legalize medical cannabis—a law the state Supreme Court later overturned. And the bill that’s being tweaked again is the result of months of negotiations and last-minute changes to a nearly 450-page bill.

“This has been a long journey, and it’s nice to be in a place where everyone is in agreement,” Yancey said on Tuesday. “It looks like we will finally be able to provide relief to those people with debilitating illnesses who so badly need it. Medical cannabis will now be an option for them as soon as we get the conference report signed and sent to the governor.”

While the overall bill will remain largely the same as an earlier version passed by the Senate this month, the recent House amendments reduced the overall monthly amount of cannabis products available to patients, removed the Department of Agriculture and Commerce from oversight of the industry and expanded zoning allowances for cannabis cultivators and processors.

Only the zoning allowances provision will change. Instead of allowing cultivators and processors to operate in commercial zoning areas, as would have been allowed under the bill as amended by the House, they would only be permitted in industrial or agriculture zoned areas, satisfying MML.

Assuming that conference goes as planned, the legislature will then formally transmit the bill to Gov. Tate Reeves (R), who then has five days, excluding Sundays, either to sign it into law or return it with objections. Both the Senate and House, however, have passed the legislation with veto-proof majorities. If the governor doesn’t take any action by the deadline, the bill will become law without his signature.

Reeves has been wary of legalization in recent months, at one point threatening to veto a draft bill if it made it to his desk. Since then, proponents in the legislature have worked to balance the voter-approved initiative’s more permissive proposals against the governor’s calls for tighter restrictions.

The governor said last week that the measure has become “better” with every revision and rightly predicted further amendments by the House.

Provided the bill becomes law, dispensaries would be licensed about six months later, meaning Mississippi’s medical cannabis program could be up and running, at least in limited form, by the end of the year.


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The bill, SB 2095, draws heavily from provisions negotiated by lawmakers in the second half of last year, as legislative leaders prepared a bill for an anticipated special session last summer that the governor never called. Supporters say the lengthy proposal represents a middle ground between the more permissive plan approved by voters and the narrower approach preferred by Reeves and some lawmakers.

The legislation as amended by the House would allow patients with about two dozen qualifying medical conditions to purchase the equivalent of 3.5 grams of marijuana (or 1 gram of cannabis concentrate) per day, with a maximum monthly limit of 3 ounces. Voters approved a monthly limit of 5 ounces in 2020, and the bill as passed by the Senate last week would have allowed 3.5 ounces, but that was further scaled back by the House earlier this week.

Qualifying conditions under the bill include cancer, Parkinson’s, Huntington’s, muscular dystrophy, glaucoma, spastic quadriplegia, HIV, AIDS, hepatitis, Alzheimer’s, sickle-cell anemia, Crohn’s, ulcerative colitis, neuropathy, spinal cord disease or severe injury as well as chronic medical conditions or treatments that produce severe nausea, cachexia or wasting, seizures, severe or persistent muscle spasms or chronic pain.

Further conditions could be added later by regulators via petition. State-issued patient registration cards would cost $25, though some people could qualify for a lower price.

Registered patients would be subject to purchase limits that would restrict them to no more than one “medical cannabis equivalency unit” per day, which the bill defines as 3.5 grams of cannabis flower, one gram of concentrate or up to 100 milligrams of THC in infused products. While those limits are significantly lower than in most states where cannabis is legal for medical patients, Reeves said last year the program should allow only half those amounts.

Patients or caretakers would be forbidden from growing their own cannabis under the proposal. Products from state-licensed companies, meanwhile, would be limited to 30 percent THC for cannabis flower and 60 percent for concentrates.

There would be no limit on the number of licensed businesses under the plan.

Medical marijuana would be taxed at a wholesale rate of 5 percent, and purchases would also be subject to state sales tax.

While smoking and vaping cannabis is allowed for patients, both would be illegal in public and in motor vehicles. It would still be a crime for patients to drive under the influence.

The legislation would task the Mississippi Department of Health to oversee the new industry and establish a nine-member advisory committee to make recommendations on issues such as patient access and industry safety.

Previous versions of the bill also tasked the state Commission of Agriculture and Commerce with regulatory duties, but the House removed the agency through an amendment. Commissioner Andy Gipson, who for months had pushed back against the plan, thanked House Speaker Philip Gunn and other lawmakers for making the change in a statement issued last week.

“The best place for a truly medical program is under the Department of Health, which reflects the will of the voters in Initiative 65,” Gipson said, according to SuperTalk Mississippi. “This change is good policy for Mississippi agriculture and allows us to focus on our core mission. It is also good policy for the taxpayers of Mississippi because it achieves greater efficiency in the use of funds by reducing the number of agencies involved in the program.”

Licensing of cannabis businesses other than dispensaries—including cultivators, processors, transporters, disposal entities, testing labs and research facilities—would begin 120 days after the bill’s passage, with the first licenses issued about a month after that. The dispensary licensing process would kick off 150 days after passage, with the first licenses coming a month later.

Cannabis businesses may have to get seek local approval to operate, and municipalities can adopt zoning and land use restrictions. In general, local governments could not ban medical cannabis businesses outright or “make their operation impracticable,” the bill says, but a separate provision would allow local governments to opt out of the program altogether within 90 days of the bill’s passage. In such cases, citizens could then petition to put the question to a vote.

Mississippi voters decisively approved a broad legalization initiative in November 2020. The state Supreme Court overturned the measure on procedural grounds last May—simultaneously doing away with the state’s entire initiative process.

For much of last year, it appeared lawmakers were set to pass a medical marijuana bill during a special legislative session, but the governor ultimately decided against calling the special session after reaching an impasse with lawmakers. Those who supported legalization said at the time that responsibility for the failure rested with Reeves.

Later that month, Reeves dodged questions from patient advocates about why he’d failed to call the special session. Then in late December, he said on social media that he had “repeatedly told the members of the Legislature that I am willing to sign a bill that is truly medical marijuana,” but stressed that there should be “reasonable restrictions.”

Last week, before the House floor vote, Yancey, who chairs the House Drug Policy Committee and who’s been working on the legislation with Blackwell, said that he never imagined he’d be in the position to legalize cannabis. But he said he worked to ensure the bill was focused on providing medicine to patients, not paving a route to a recreational program as critics have claimed.

“When I got involved in this bill, I said, ‘How can we build a wall around this program so the people who get it are the people who need it the most, and only the people who need it the most?” Yancey said. “This is not for everybody out on the street. This is not for a bunch of kids. This is for hurting people with debilitating conditions.”

A poll released in June found that a majority of Mississippi voters support legalizing marijuana for both medical and recreational use, with 63 percent saying they want the legislature to pass a bill that mirrors the ballot measure that was nullified by the Supreme Court.

New York Doctors Can Now Recommend Medical Marijuana To Patients For Any Condition They See Fit

Photo courtesy of Mike Latimer.

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