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.”
Opposition Group’s Marijuana Poll Shows Strong Support for Legalization
A new survey of Michigan voters, funded by an organization opposed to the state’s marijuana legalization initiative, showed large support for reform and weaning support for prohibition.
The survey of 800 Michigan residents, which was conducted from May 1 to May 6, was orchestrated by Healthy and Productive Michigan.
Before being prompted with arguments for and against the initiative—which surpassed the required signatures to qualify for the state’s November ballot last month—respondents favored full cannabis legalization 48 percent to 42 percent, with 11 percent remaining undecided, according to the survey.
Arguments in favor of the proposed initiative, including increased tax revenue for public programs such as education funding and infrastructure, caused opposition to the initiative to drop to 36 percent. Support remained at 48 percent.
And then, even after the polling firm Victory Phones provided arguments opposing the initiative, support for legalization grew by one percent to 49 percent. Opposition ended up at 38 percent.
“Previous polls showing majority support didn’t pass the smell test. When polling, it is always important to review how the questions are asked and what size of audience responds,” Healthy and Productive Michigan’s President Scott Greenlee said in a press release. “Our poll pointed out arguments on both sides of the issue in a consistent and unbiased manner, and the fieldwork was conducted by the highly respected Victory Phones, who have a nearly 10 year track record of accurately measuring election results in Michigan.”
But the truth is that the prohibitionist organization’s poll showed that support for the legalization measure outweighs opposition, and that’s even more true after voters hear prohibitionist’s best arguments.
The share of voters who said they planned to vote against the measure dropped seven percentage points after they were read Healthy and Productive Michigan’s reasons for wanting to defeat it. Support rose one percentage point.
The proposed Michigan Regulation and Taxation of Marihuana Act would permit adults 21 and older to legally possess, grow and consume small amounts of marijuana. Specifically, adults would be allowed to grow up to 12 total cannabis plants in a single residence, and possess 2.5 ounces outside their homes and store 10 ounces at home.
Healthy and Productive Michigan did not respond to a request for comment by the time of publication.
See the full poll below:
Photo courtesy of Chris Wallis // Side Pocket Images.
Marijuana Isn’t Addictive, Former A.G. Eric Holder Says
The nation’s former top law enforcement officer is not worried that the legalization of marijuana will lead to addiction.
“I’ve never seen any scientific evidence that points you to concerns about addiction through the use of marijuana,” former U.S. Attorney General Eric Holder said in an interview published on Friday by NY1.
The comments by the former A.G. call into question cannabis’s current status as a Schedule I drug. That category is supposed to be reserved only for substances with no medical value and a high potential for abuse. In fact, it would mean that marijuana should be moved to at least Schedule III, where drugs with “moderate to low potential for physical and psychological dependence” are categorized.
Although Holder did not move to reclassify cannabis when he had the power to do so as attorney general, he did specifically endorse such a change just months after leaving office.
“I certainly think it ought to be rescheduled,” he said in a 2015 interview with PBS.
And he still feels the same way.
“We need to move marijuana from Schedule I, so research can be done,” Holder said in the new NY1 interview. “It is classified now on the same level as heroin is, and clearly that is inappropriate.”
While he did nothing to officially recategorize marijuana as attorney general — and continually passed the buck to Congress when asked about the issue — Holder’s Justice Department did issue guidance, known as the Cole Memo, which generally allowed states to implement their own cannabis laws without federal interference.
Current Attorney General Jeff Sessions rescinded that memo earlier this year.
In the new interview, Holder said he thinks the federal government should continue letting states implement their own legalization laws.
“Let those be laboratories to see where we want to be,” he said. “I think if you allow the states to experiment we’ll ultimately come to a national consensus about what it is we ought to do with regard to marijuana.”
He also spoke about unfair enforcement of cannabis criminalization.
“One of the things that I am concerned about, though, is the racial disparity you see in the enforcement of marijuana laws,” he said. “You see African Americans, Latinos using marijuana at just about the same rates as whites, and yet seeing rates of arrest four, five times as great as it is for whites. That is something that I think is extremely troubling.”
Photo courtesy of US Embassy New Zealand.
Congressional Committee Protects Medical Marijuana From Jeff Sessions
A powerful congressional panel voted on Thursday to continue shielding medical marijuana patients and providers who comply with state laws from prosecution by the federal government.
While the provision has been federal law since 2014, when it was first attached to legislation that funds the U.S. Department of Justice, its continuance has been in question because of recent efforts by Republican leadership to prevent votes on cannabis amendments. But in a stunning bipartisan move, the House Appropriations Committee voted to add the provision as a rider to legislation funding U.S. Attorney General Jeff Session’s department for Fiscal Year 2019.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)