Voters in the nation’s smallest state could have a chance to send a big message about marijuana legalization this fall.
Under a new bill filed in the state House of Representatives on Wednesday, Rhode Islanders would be able to decide on a ballot measure calling for the end of cannabis prohibition.
“Do you support the legalization of possession and use of marijuana by persons who are at least 21 years of age, subject to regulation and taxation that is similar to the regulation and taxation of tobacco and alcohol?” the proposed question reads.
The proposal, filed by Rep. Scott Slater (D), would not automatically result in legalization if a majority of voters approved the question on Election Day. Rhode Island law allows only for nonbinding advisory statutory referendums, but a solid “yes” vote would likely spur lawmakers into more seriously considering cannabis legislation when they reconvene for the 2019 session.
Lawmakers in at least eight other states are considering bills to refer marijuana questions to voters.
The Illinois Senate, for example, approved legislation on Thursday to place a nonbinding marijuana legalization query on the November ballot. That question would read, “Shall the State of Illinois legalize the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products for recreational use by adults 21 and older subject to state regulation, taxation and local ordinance?”
Separately, officials in Illinois’s most populous county decided to place a similar cannabis question before voters during this month’s primary election in which several candidates for governor and attorney general are campaigning on legalization.
In some states, activists can collect signatures to place questions on the ballot. But in others, only lawmakers can refer questions to voters.
Aside from possible legislatively referred referendums in Rhode Island and other states, it is expected that four or more states will see binding marijuana questions initiated by voters appear on ballots this year.
Oklahoma voters, for example, will decide on a medical cannabis measure during the state’s June 26 primary. Activists in Michigan are expected to qualify a full marijuana legalization measure for the November 6 general election ballot, and voters in Utah and Missouri are likely to see citizen-initiated medical marijuana questions when they go to the polls that day.
In Rhode Island, Gov. Gina Raimondo (D) is not opposed to legalization but wants lawmakers to carefully consider its implementation before moving ahead. In 2016, she said she is “open to” giving voters a chance to weigh in on the issue through a referendum.
And House Speaker Nicholas Mattiello (D), said at the time he was “considering the possibility of placing a non-binding referendum question on the ballot regarding the use of recreational marijuana.”
No such referendum proposal was introduced during that session, however, and advocates pushed for lawmakers to simply pass legislation legalizing cannabis. House and Senate committees held hearings on those proposals, but did not take any votes, and the bills died.
Slater’s new referendum proposal has been referred to the House Judiciary Committee, where it will presumably receive a hearing followed by a possible vote before being sent to the floor and then to the Senate.
Approval for legalization by voters at the ballot box this November would give a huge boost to efforts to pass legislation to end cannabis prohibition in 2019.
Regional developments also add to the pressure to change Rhode Island’s marijuana laws. Neighboring Massachusetts is set to begin legal cannabis sales this summer in line with a ballot initiative approved by voters there in 2016.
Next door, Connecticut lawmakers are also considering legalization. On Thursday, the General Assembly’s Appropriations Committee filed a bill that would direct state officials to “develop a plan to legalize and regulate the retail sale of marijuana.”
Meanwhile, legalization advocates are pushing Rhode Island lawmakers to pass a bill ending prohibition without having to refer the question to voters.
“While we are confident that a referendum would be approved by Rhode Island voters, we once again call on the General Assembly to pass legislation this year that legalizes marijuana possession for adults and begins the process of establishing a system for regulating and taxing the sale of marijuana,” Matthew Schweich, the executive director of the Marijuana Policy Project, said in an interview. “The longer Rhode Island waits, the more tax revenue goes to Massachusetts. Maintaining prohibition in Rhode Island will do nothing to limit the availability of marijuana to its residents other than increasing the amount of time it takes to drive to a legal dispensary.”
Colorado Governor Touts Marijuana Legalization’s Benefits
After the 2012 election, which saw Colorado become the first state to legalize marijuana, Gov. John Hickenlooper (D) said he probably would have reversed the vote if he had a magic wand.
But with the perspective of a few years post-legalization, today he says he’d put that wand “back in the drawer.”
“I’m not quite there to say this is a great success, but the old system was awful,” Hickenlooper said at a forum hosted by the Economic Club of Chicago on Wednesday.
What’s more, “the things that we most feared—a spike in teenage consumption, a spike in overall consumption, people driving while high—we haven’t seen them,” he said.
“We had a little increase in teenage consumption, but then it went down. We do think that some of the teenage consumers are using it a little more frequently than they were five years ago before legalization. We have in many ways seen no demographic where there’s an increase in consumption, with one exception: senior citizens. I leave you to draw your own conclusions.”
Hickenlooper, who’s been floated as a potential 2020 presidential candidate, described the challenges his administration faced when Colorado voters approved an adult-use legalization measure. Elected officials and advisors were opposed to it, he said, and plus, “it’s no fun to be in conflict with federal law.”
But he pushed forward with implementation, recruiting the “smartest people” he could find to figure out the best approach to regulation and taxation. And Illinois, which recently elected pro-legalization J.B. Pritzker for governor, will likely be better off if they pursue reform because they can learn from the successes and failures of Colorado’s system, Hickenlooper said.
“Ultimately, I haven’t come to a final conclusion yet, but I think it’s looking like this is going to be—for all of the flaws and challenges we have—a better system than what we had. You guys are going to benefit, I think, having let us make a bunch of the mistakes and deal with it, I think you’re going to be able to have a much better system if indeed that is the direction that the state wants to go.”
Asked what advice he’d give to Pritzker if Illinois does elect to fully legalize cannabis, Hickenlooper offered three tips: 1) don’t overtax marijuana, or else the illicit marketplace will persist, 2) get data from law enforcement on the presence of cannabis metabolites in the blood after highway fatalities to establish “good baselines” for comparison and 3) set limits on THC concentrations in edibles.
“What they’re selling now, they tell me it’s 10-to-12 times more intense than what allegedly I smoked in high school,” Hickenlooper said, pausing before conceding, “I smoked pot in high school and I inhaled, but it was a fraction of the intensity of what these kids are getting now.”
Photo courtesy of YouTube/Economic Club of Chicago.
The DEA Just Got Scolded Over Its Marijuana Eradication Program
The Drug Enforcement Administration (DEA) got a slap on the wrist from a federal watchdog agency over its management of a multi-million dollar marijuana eradication program.
In a report released on Wednesday, the non-partisan Government Accountability Office (GAO) said the DEA had failed to adequately collect documentation from state and local law enforcement partners that received funds through the federal program. And that lapse could prevent the agency from being able to accurately assess “program performance.”
What’s more, the DEA “has not clearly documented all of its program goals or developed performance measures to assess progress toward those goals,” according to the report.
In other words, the agency expends about $17 million in funds to partners across the U.S. each year to help them get rid of illegal cannabis grows. That includes fully legal states like California, where enforcement efforts are generally limited to public lands—namely national forests. But due to inadequate record keeping, the DEA doesn’t really know if that money is serving its purpose.
To fix the problems, the GAO issued four recommendations:
1. The DEA Administrator should develop and implement a plan with specific actions and time frames to ensure that regional contractors are implementing DEA’s requirement for collecting documentation supporting participating agencies’ Domestic Cannabis Eradication And Suppression Program (DCE/SP) program expenditures in the intended manner.
2. The DEA Administrator should clarify DCE/SP guidance on the eradication and suppression activities that participating agencies are required to report, and communicate it to participating agencies and DEA officials responsible for implementing DCE/SP.
3. The DEA Administrator should clearly document all DCE/SP program goals.
4. The DEA Administrator should develop DCE/SP performance measures with baselines, targets, and linkage to program goals.
The DEA was able to review a draft of the GAO report ahead of its release and, in an October 17 letter, a Justice Department official said the agency concurred with all four of the recommendations and would take steps to address them.
You can listen to a podcast about the GAO report here:
Just because it’s the DEA’s program doesn’t mean it’s the only agency dropping the ball on marijuana eradication efforts. In April, a report from the inspector general for the U.S. Department of Agriculture found that agents weren’t adequately cleaning up public lands after cannabis busts, which can pose threats to humans, animals and the environment.
Photo courtesy of Chris Wallis // Side Pocket Images.
Here’s How Much Legal Marijuana Supporters And Opponents Spent Per Vote In Last Week’s Election
Political committees concerned with marijuana law reform in four states have waged an information war over the past year, first to qualify cannabis initiatives for the ballot, and then to support or oppose those measures in the lead-up to last week’s midterm elections. In total, over $12.9 million in cash and in-kind services was spent attempting to convince voters about these marijuana ballot measures.
Now that voters have had their say, Marijuana Moment decided to calculate how much each “yes” and “no” vote cost the committees on either side of the debate. Our calculations are based on dollars raised and disclosed before the election, since final totals of actual expenditures won’t be available until December or January reports required in the states that voted on cannabis.
In Michigan, where voters approved marijuana legalization, our calculations show that the two anti-legalization committees spent about $1.28 per “no” vote, as they raised $2.37 million for the 1.85 million votes against the measure. The proponents spent 19 percent more per vote, or $1.52 for each of 2.35 million “yes” votes.
In Missouri, three separate medical cannabis initiatives competed in the run-up to Election Day, resulting in the highest funding levels of the four states we looked at. There, committees raised a total of $5.4 million dollars to influence voters. Across all the committees, the average cost per “yes” vote was $1.82.
Amendment 3, which was supported by Find the Cures PAC, spent $2.91 for each of its 747,977 votes. Proposition C, supported by Missourians for Patient Care, spent $1.44 for each of its 1.03 million votes. New Approach Missouri, which supported winning Amendment 2, which garnered the support of 1.57 million voters, spent the least, at $1.10 per vote. Only Amendment 2 received a majority and was approved.
Given that there were three competing measures on the ballot, vote costs cannot be parsed in the same binary “yes” or “no” on marijuana reform that is possible for initiatives in the other states. A “no” vote for one measure in Missouri was often paired with a “yes” vote for another.
In North Dakota, there were many fewer votes cast on the state’s marijuana legalization initiative as compared to cannabis measure elsewhere, a total of 324,550. The two committees that opposed Measure 3 heavily outspent the pro-reform committees, to the tune of $629,648 to $94,308. With 131,585 people voting for the initiative, the cost per “yes” vote was 72 cents. On the opposing side, winning came at a high price: Each “no” vote cost four and a half times as much, or $3.26, the most costly per-vote expense on a marijuana ballot measure in the nation this year.
In Utah, a relatively state where proponents of medical cannabis measure Proposition 2 were narrowly outspent by opponents, the cost per vote was higher. Votes are still being counted more than a week after Election Day, but preliminary vote totals show opponents spent $908,464, or $1.99 for each of the 455,879 votes against the initiative. The prevailing “yes” committees spent $831,471 for 493,060 votes, or $1.69 each. About 8 percent of precincts are yet to be counted, so both of these figures will decrease as more votes are added to both the support and opposition tallies.
Overall in the three states that had a straight up-or-down vote (Michigan, Utah and North Dakota), the average cost per “no” vote was slightly more than each “yes” vote, with prohibitionist committees spending an average of $1.56 for each “no” vote, versus $1.51 spent on average for each “yes” votes. It should be noted that those costs include millions of dollars in in-kind services. In Michigan, for example, The Coalition to Regulate Cannabis like Alcohol reported $706,900 in in-kind services, or 23 percent of their total fundraising.
Looked at another way, the average per state cost (rather than total votes average) for “yes” votes was $1.31 while “no” votes cost 67 percent more: $2.18. And with the total number of “yes” votes in those states outnumbering “no” votes by 19 percent, it would seem that in the state-by-state marijuana legalization battle, you don’t always get what you pay for.