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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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Local Massachusetts Lawmakers Unanimously Approve Psychedelics Decriminalization Measure

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Local Massachusetts lawmakers on Thursday unanimously approved a resolution to decriminalize a wide range of psychedelics—the latest in a national movement to reform laws on entheogenic plants and fungi.

Prior passing the measure in a 9-0 vote, the Somerville City Council took testimony from two people with personal experience benefiting from the therapeutic use of psychedelics. Several members of the council also discussed the failures of the drug war and the potential medical value of entheogenic substances, particularly as it concerns mental health.

The resolution was supported by the mayor.

“By decriminalizing psychedelic plants, Massachusetts can mainstream harm-reduction strategies as therapists and health providers embrace these compounds for physical, psychological, and spiritual relief,” Decriminalize Nature, Bay Staters for Natural Medicines and the Heroic Hearts Project said in written testimony to lawmakers.

“Somerville has a chance to empower our neighbors, friends, and loved ones to seek the physical and spiritual relief they need and put public health above incarcerating people even in cases of addiction and abuse of controlled substances,” they wrote.

Under the proposal, enforcement of laws against psychedelics such as psilocybin mushrooms and ayahuasca would be among the city’s lowest priorities. It also calls on the county prosecutor to cease pursing cases for persons charged with possessing or distributing entheogens.

The measure states that “the City Council hereby maintains it should be the policy of the City of Somerville that the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants… shall be amongst the lowest law enforcement priority for the City of Somerville.”

It also stipulates that “no City of Somerville department, agency, board, commission, officer or employee of the city, including without limitation, Somerville Police Department personnel, should use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of entheogenic plants by adults.”

The resolution emphasizes that the measure would not allow for commercial sales of these substances, nor would it permit driving while under the influence of them.

“I love living in a city where this is not controversial and you got unanimous support,” Council President Matt McLaughlin said at the close of the meeting. “Let’s end this war on drugs, and this is a good step.”

Watch the lawmakers discuss the psychedelics reform resolution, starting around 25:45 into the video below: 

With Thursday’s vote, Somerville joins a growing number of cities across the U.S. that have enacted psychedelics decriminalization. Most of the reforms have advanced legislatively, though Washington, D.C. became the first jurisdiction to decriminalize via the ballot in November.

Three other cities—OaklandSanta Cruz and Ann Arbor—have also decriminalized possession of plant-and fungi-based psychedelics.

In Oregon, November’s election saw the passage of a historic initiative to legalize psilocybin mushrooms for therapeutic purposes. The governor announced in November that applications for an advisory board to oversee implementation of the program were being accepted up until January 1.

Much of this reform progress can be traced back to Denver, which became the first city in the country to decriminalize psilocybin mushrooms in May 2019. Since then, activists in more than 100 cities have expressed interest in pursuing psychedelics decriminalization.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution last month that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

A California state senator plans to file a bill to decriminalize psychedelics for the 2021 session.

Meanwhile, after Ann Arbor legislators passed a decriminalization resolution in September, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

Virginia Senate Holds First Marijuana Legalization Hearing, With More Scheduled Next Week

Photo elements courtesy of carlosemmaskype and Apollo.

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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North Dakota Lawmakers File Bill To Significantly Expand Marijuana Decriminalization Law

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North Dakota lawmakers have introduced a bill to significantly expand marijuana decriminalization in the state.

The legislation, which was filed on Monday, would build on an initial cannabis decriminalization law that was enacted in 2019.

Under the current statute, possession of half an ounce or less of marijuana is an infraction punishable by a fine of up to $1,000, with no jail time. The new proposal would make possession of up to an ounce a non-criminal offense that carries a $50 fine.

Further, possession of more than one ounce and less than 250 grams would be treated as an infraction, rather than a class B misdemeanor, as it is currently classified.

Possessing more than 250 grams of marijuana would be a class B misdemeanor and possessing more than 500 grams would be a class A misdemeanor.

The bill is being sponsored by Rep. Shannon Roers Jones (R) and Sen. Scott Meyer (R) in their respective chambers. It’s been referred to the House Judiciary Committee.


Marijuana Moment is already tracking more than 250 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.

“It’s encouraging to see Rep. Roers Jones and her colleagues continue the push to reduce harsh and senseless penalties for possession of small amounts of marijuana in North Dakota,” Jared Moffat, state campaigns manager at the Marijuana Policy Project, told Marijuana Moment. “Decriminalization is no substitute for legalizing and regulating marijuana for adults, as several of North Dakota’s neighbors have now done. But passage of this bill would continue the trend of progress the state has seen in recent years.”

Activists are moving forward with plans to put a cannabis legalization ballot initiative before voters in 2022.

The measure, which would allow adults 21 and older to possess and cultivate cannabis for personal use, was submitted to Secretary of State Al Jaeger on Monday. If its language is accepted, the campaign will be able to start signature gathering to qualify for the ballot.

The same team behind the new initiative came close to putting a similar measure on the state’s ballot last year, but petitioning efforts were impeded by the coronavirus pandemic.

A separate group of advocates, Legalize ND, also attempted to qualify a different legalization initiative in 2020 that would have allowed retail sales but excluded a home grow option. That organization is also considering plans for its own 2022 measure.

Previously, a 2018 legalization push that did qualify for the ballot was defeated. Voters in the state did approve a measure to legalize medical cannabis in 2016, though the law was scaled down by the legislature the following year.

While activists are skeptical that the legislature has the appetite to enact the policy change on their own, it is the case that lawmakers may feel increased pressure given that voters in neighboring South Dakota and Montana elected to legalize cannabis in November.

Read the new North Dakota marijuana decriminalization bill below: 

North Dakota Decriminalizat… by Marijuana Moment

New Mexico Governor Says Marijuana Legalization Is A 2021 Priority

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 Senate Holds First Marijuana Legalization Hearing, With More Scheduled Next Week

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A Virginia Senate committee held an initial hearing on Friday on a bill to legalize marijuana that was introduced with support from the governor just two days ago.

The legislation’s quick consideration by the Senate Rehabilitation and Social Services Committee is an early sign that lawmakers intend to advance it expeditiously. Two additional hearings are scheduled for Tuesday and Wednesday in a newly formed subcommittee of the panel that’s specifically focused on cannabis policy.

The bill, which is being carried by top Senate and House leaders, would create a system of regulated and taxed marijuana sales and production, and allow adults 21 and older to purchase and possess up to one ounce of cannabis and cultivate up to four plants for personal use, two of which could be mature.

After the bill is considered by the new marijuana-focused subcommittee next week, the full Rehabilitation panel is expected to hold a vote next Friday to refer it to the Senate Judiciary Committee. After that panel considers the legislation, it would head to the Finance Committee before coming to the full Senate floor.

At the initial hearing, members heard testimony from a representative of Gov. Ralph Northam’s (D) administration and asked questions about components of the bill such as those concerning expungements and social equity grants.

The legislation’s provisions have been informed by two official state studies on legalization that were recently conducted by a legislative commission and a separate working group comprised of four Virginia cabinet secretaries and other officials, both of which looked at how to effectively implement legalization and submitted recommendations to the governor’s office late last year.

Those studies were required under a marijuana decriminalization bill that was approved last year.

Many of those recommendations have been incorporated into the new legislation, including provisions to promote social equity in the cannabis market. Notably, it would also apportion almost half of the tax revenue the state collects from marijuana sales to funding pre-kindergarten education—a policy championed by First Lady Pamela Northam.

The state’s alcohol regulatory body would be renamed the Virginia Alcoholic Beverage and Cannabis Control Authority, and it would be responsible for promulgating rules and issuing licenses.

A new 21 percent tax would be imposed on cannabis sales, and local jurisdictions that allow marijuana businesses to operate could levy an additional three percent tax. Existing state sales taxes would also apply on purchases, for a total potential 30 percent tax rate.

Revenue from the new state tax would go toward funding pre-k education (40 percent), a Cannabis Equity Reinvestment Fund (30 percent), substance misuse and treatment programs (25 percent) and public health initiatives (five percent).


Marijuana Moment is already tracking more than 250 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.

Deputy Secretary of Agriculture and Forestry Brad Copenhaver, who testified on behalf of the Northam administration on Friday, emphasized that the “keystone of this entire bill is marijuana legalization of a social equity endeavor.”

Advocates have celebrated the bill’s introduction and are optimistic about the prospects of getting the reform enacted this session, but they also feel the legislation as proposed can be improved upon.

One problematic provision from advocates’ perspective is that the bill would make public consumption a misdemeanor, whereas currently it is a civil offense punishable by a $25 fine.

Additionally, it seems to increase the fine for people aged 18-20 who possess cannabis. The fine would be $250 for a first offense, and the legislation also stipulates that underage people could be subject to mandatory substance misuse treatment for violating the law.

This introduction of the bill comes one month after the governor included provisions to lay the groundwork for cannabis legalization in a budget proposal that also calls for millions of dollars to support expungements. Northam had campaigned on merely decriminalizing possession, but he publicly backed broader legalization of marijuana for adult use in November.

Northam said during his State of the Commonwealth address on Wednesday that cannabis prohibition was deliberately enacted as a means to discriminate against people of color.

“The administration’s proposal does an excellent job of centering equity and restorative justice, but we are greatly concerned by the proposed rollbacks of newly enacted decriminalization measures and creation of new crimes for consumption and possession,” Jenn Michelle Pedini, executive director of Virginia NORML, told Marijuana Moment.

“Not only would this escalation in criminalization not increase public safety, this will specifically target young, Black, Brown, and poor Virginians, those who are already overwhelmingly and disproportionately harmed by marijuana prohibition,” Pedini, who also serves as NORML’s national development director, said. “Governor Northam wants to get this right, and NORML will be offering policy guidance to help the administration do just that. It’s time to move forward, not backward, with cannabis policies in the Commonwealth.”

Separate legislation to legalize cannabis for adult use was filed by Del. Steve Heretick (D) last week.

Meanwhile, legislation to stop police from searching people or seizing property based solely on the smell of marijuana in Virginia is set to take effect after lawmakers adopted recommended changes from the governor in October.

Also during the recently concluded special session, Northam signed another bill that will allow people issued summonses for cannabis offenses under the state’s new decriminalization law to prepay their civil penalty rather than having show up in court.

USDA Releases Final Rule For Hemp, Two Years After Crop Was Federally Legalized

Photo courtesy of Philip Steffan.

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