In one month, voters in two states will decide, among other things, what kind of marijuana policies they want for their communities.
New Jersey and Virginia are the only two states holding gubernatorial elections this year, and the major party nominees in both races have all called for some measure of marijuana law reform.
Here’s a look at where the candidates stand…
IN BRIEF: Democratic nominee Phil Murphy, a former U.S. ambassador to Germany, wants to make the Garden State the next to legalize, regulate and tax marijuana. Republican nominee, current Lieutenant Governor Kim Guadagno, opposes legalization but supports decriminalizing possession and expanding the state’s current medical cannabis law.
PHIL MURPHY – Democrat
Murphy included a call for legalization during his primary election victory speech in June.
“The criminalization of marijuana has only served to clog our courts and cloud people’s futures, so we will legalize marijuana,” he said. “And while there are financial benefits, this is overwhelmingly about doing what is right and just.” He also pledged in the speech to end mass incarceration and “eliminate prisons for profit.”
On his campaign website, Murphy pledges to “legalize marijuana so police can focus resources on violent crimes.”
In a gubernatorial candidates’ forum he said that while legalization will generate tax revenue, his primary reason for supporting the policy is “a social justice reason.” He also alleged that the administration of current Gov. Chris Christie (R) has “gummed up” the state’s medical cannabis program.
In a general election debate, he said that legalizing cannabis should be part of “comprehensive criminal justice reform” and described ending prohibition as a “social justice” issue, citing his role as a national NAACP board member.
In another general election debate, Murphy said decriminalization isn’t enough because “the drug industry stays underground, run by the same people and it’s unregulated, so therefore minors in particular are exposed to that. But set aside the fact you don’t earn the tax revenue, which is also a reality, the fact is it remains the wild west.”
Murphy made his support for legalization clear during his primary election campaign, and often tweeted about the issue.
NJ's marijuana laws cost $143M/yr & come w a 3:1 racial disparity in arrests. As gov, Phil will legalize/tax marijuana & break this cycle. https://t.co/DIm4nRV6JH
— Phil Murphy (@PhilMurphyNJ) June 16, 2017
"I will seek to legalize marijuana & eliminate the more than 24k low-level drug arrests that bog down the courts and hurt future prospects."
— Phil Murphy (@PhilMurphyNJ) February 27, 2017
— Phil Murphy (@PhilMurphyNJ) April 27, 2017
“I was never ‘hell no,’ but I’ve spent a lot of time on it. And I have, without question, come to a place where I wasn’t three and a half years ago,” Murphy said in a New York Times interview about his evolution on marijuana. “You can’t have that many young people of color doing time on stupid drug crimes.”
KIM GUADAGNO – Republican
During a primary debate this year, Guadagno made it clear that she opposes legalization but does support some cannabis reforms.
“I have personal experience about what exactly happens to somebody who drives while they’re high, which is why I would oppose legalization of marijuana,” she said, noting that her son went to college in Colorado. “Having said that, however, I completely agree that we should decriminalize it. Because no one should suffer because of the color of their skin or because of their social background or because they were picked up with a small quantity. What that quantity is is up for argument.”
On medical cannabis, Guadagno said the state should “streamline” access and “make it easier for people that have doctors’ notes to get it and we need to provide it to children that need it the most.”
But she said that full marijuana legalization would put the state at risk of federal interference.
In a gubernatorial candidates’ forum she said legalizing marijuana would “put a whole generation of children at risk” and that ending prohibition would give her 17-year-old son an “opportunity” to use cannabis.
During a general election debate, Guadagno said she is “wholly opposed” to ending prohibition, which she described as “legalizing drug dealers.” But she said decriminalization “would solve the social justice issue.” And she would “expand the medical marijuana program,” adding: “It’s onerous, it’s hard to work with, it’s not available to those it should be made available to.”
In another general election debate, she said she won’t legalize marijuana because she’s concerned about intoxicated driving and access to kids. “I don’t want our children, I don’t want our people to walk down the street and buy a pack of cigarettes and be drug dealers,” she said.
CONTEXT: Legislative leaders in New Jersey have indicated they are prepared to enact legalization as soon as a supportive governor is seated. Currently Gov. Chris Christie (R), who is term-limited and cannot run again, is one of the nation’s most prominent opponents of ending cannabis prohibition.
IN BRIEF: Democratic nominee, current Lieutenant Governor Ralph Northam, supports decriminalizing marijuana and expanding medical cannabis access. Republican nominee Ed Gillespie, a former Republican National Committee chairman, doesn’t support those outright changes but has said he supports policies that would reduce marijuana arrests as well as enacting a more limited expansion of the state’s current low-THC medical cannabis law.
RALPH NORTHAM – Democrat
Northam has made marijuana law reform a centerpiece of his campaign, often describing the issue in racial justice terms.
“We need to change sentencing laws that disproportionately hurt people of color. One of the best ways to do this is to decriminalize marijuana,” he wrote in a blog post early this year. “African Americans are 2.8 times more likely to be arrested for marijuana possession in Virginia. The Commonwealth spends more than $67 million on marijuana enforcement — money that could be better spent on rehabilitation.”
As a physician, Northam is “increasingly convinced by the data showing potential health benefits of marijuana, such as pain relief, drug-resistant epilepsy, and treatment for PTSD,” his campaign website says. “By decriminalizing it, our researchers can better study the plant so doctors can more effectively prescribe drugs made from it.”
The lieutenant governor also sent a letter to the Virginia State Crime Commission, which is currently conducting a review of the effects of potential marijuana decriminalization. “Virginia spends $67 million on marijuana enforcement – enough to open up another 13,000 pre-K spots for children,” Northam wrote. “African Americans are nearly 3 times as likely to get arrested for simple possession of marijuana and sentencing guidelines that include jail time can all too often begin a dangerous cycle of recidivism.”
During a debate, Notham mentioned that his father is a judge while making a point about the cost of enforcing marijuana laws.
Northam has tweeted about cannabis reform a number of times.
Decriminalizing marijuana would be a good step toward helping to correct systematic racism in our justice system. https://t.co/5R7YxBJi10
— Ralph Northam (@RalphNortham) July 27, 2017
African Americans are 2.8x more likely to be arrested for marijuana than white people. Marijuana decriminalization is a racial justice issue pic.twitter.com/kmKiWul1pE
— Ralph Northam (@RalphNortham) April 5, 2017
Current marijuana laws are costly and hurt communities of color. That’s why I believe in decriminalizing it. https://t.co/tVYs3hpwX0
— Ralph Northam (@RalphNortham) August 9, 2017
As Haley's doctor, Ralph knew that access to medical marijuana was one of her best chances at a better life. pic.twitter.com/03WaKSYWLc
— Ralph Northam (@RalphNortham) April 19, 2017
Additionally, Northam supports federal cannabis rescheduling. “What would happen after that is marijuana would be reclassified and then we can look at medicinal uses,” he told HuffPost. “And the point I like to make to people is there are probably around 100 or more medicines we use routinely that come from plants. And so there are many potential uses for marijuana.”
He also backs allowing hemp cultivation. “A Northam administration will support new efforts to bring Virginia products to market, including industrial hemp processing,” his campaign website says. “Several of our key public institutions, including Virginia State University, Virginia Tech, University of Virginia and James Madison University, are conducting field research on industrial hemp [and] Virginia could explore workarounds to increase access to hemp for private growers. Additionally, at the federal level, Ralph supports the removal of industrial hemp from the Controlled Substances Act of 1970… As part of Ralph’s economic development plan, he will continue efforts to recruit an industrial hemp processor for when then federal law changes.”
ED GILLESPIE – Republican
At the start of the campaign Gillespie wasn’t on record in favor of any changes to marijuana laws. But Northam’s reform advocacy, and the response it has generated, has apparently influenced the Republican to look more seriously at the issue.
Last month Gillespie rolled out a criminal justice reform plan that includes a “Three Strikes and You’re In” policy that would allow people arrested for marijuana possession to avoid criminal charges until their third police encounter.
“This policy will reduce the number of Virginians who enter the criminal justice system and help to get treatment to more people,” Gillespie’s plan says. “Data show significant racial disparities in marijuana charges, this policy will help address them by providing opportunities to avoid entry into the criminal justice system and encouraging people to get help and reconsider their choices.”
Under the policy, cannabis would not be formally decriminalized.
Gillespie’s plan also calls for modest expansion’s to the state’s limited low-THC medical cannabis law.
“Research proves that Virginians can benefit from certain uses of marijuana to help the treatment, pain management, and healing of certain severe conditions. We owe our fellow Virginians every chance of treating and managing certain significant conditions such as cancer and epilepsy,” it says. “Ed supports appropriate, limited, tightly regulated use of marijuana for medicinal purposes based in science and on medical trials.”
State Sen. Jill Vogel, Gillespie’s lieutenant governor running mate, previously introduced legislation to add new qualifying medical conditions under the law. “Expanding safe, legal access to CBD oil and medical marijuana for seriously ill patients gives doctors another option and ensures patients aren’t forced to choose between receiving treatment and following the law,” Vogel said. “I’m proud to have taken the lead in introducing legislation in Virginia’s Senate helping expand safe, legal access for patients in need and look forward to working with my party as an advocate for this much-needed policy reform.”
In an earlier Facebook Live chat, Gillespie said, “I think there has been a growing case for tightly regulated, strictly regulated medicinal marijuana.”
Gillespie also supports allowing hemp cultivation. “Industrial hemp is a cash crop and can be found in a variety of products such as paper construction materials, food, personal care items, rope, canvas and nutritional supplements,” his campaign website says. “Ed will work with the federal government, General Assembly and licensing boards to explore industrial hemp production as an option for Virginians.”
As a Republican, Gillespie argues he is best positioned to push the federal government to modernize its approach to hemp. “Given the science and the data that we have at this point, I would be one who would be able to work with the Trump administration to be able to make the case for Virginia being one of the areas where we should be able to establish some practices and procedures for us to be able to have commercial development for industrial hemp,” he said.
CONTEXT: Virginia lawmakers considered but did not act on decriminalization legislation during the 2017 session. However, with the State Crime Commission conducting its study of the issue by the request of the Senate majority leader, its possible recommendation of removing marijuana’s criminal penalties would likely provide a significant boost to efforts to pass a bill.
Election day in both New Jersey and Virginia is Tuesday, November 7.
Photo courtesy of Democracy Chronicles.
Cory Booker Urges New Jersey Voters To Legalize Marijuana As Data Shows Supporters Outraising Opponents
Another one of the most prominent elected officials in New Jersey is urging the state’s voters to approve a marijuana legalization referendum that’s on their ballots next week. Meanwhile, new campaign finance data released by the state shows that supporters of the cannabis reform measure are outraising opponents by more than a 200-to-1 ratio.
“This is an important question,” Sen. Cory Booker (D-NJ) said in a new video published by the NJ CAN 2020 campaign on Wednesday. “I hope as you fill out the front of your ballot, you will look at the back and see that question, ballot question number one, and that you will vote to legalize marijuana in New Jersey for adult use. We can do this as a state so much more responsibly, and instead of destroying lives we can get more resources to help to empower the well-being of all New Jerseyans.”
Booker, who has been a leading champion for federal cannabis reform in Congress, said that “we have seen how the drug war has not been a war on drugs, but a war on people.”
“Veterans, for example, are more likely to be arrested for drug use or possession of marijuana. Instead of getting help. They’re often hurt by a system that piles upon them criminal charges for doing things that two of the last three presidents admitted to doing,” he said, adding that African Americans, Latinos and low-income people are also disproportionately targeted by enforcement.
Meanwhile, a report released on Thursday by the state Election Law Enforcement Commission (ELEC) shows that committees supporting the referendum have raised $2,074,030 in campaign contributions. That’s compared to just $9,913 brought in by opponents.
“Assuming all available funds are spent, the marijuana ballot question already ranks eighth among the top ten most expensive public referenda in the Garden State,” ELEC Executive Director Jeff Brindle said. “Keep in mind that marijuana interests already have spent $4.1 million on lobbying between 2017 and 2019. So the industry’s overall political investment in New Jersey already has topped $6 million.”
The new numbers reflect data filed through October 20, and additional post-election spending data will be released on December 1.
Earlier numbers released two weeks ago pegged the fundraising disparity at a ratio of nearly 130 to 1.
If voters approve the referendum, legal recreational marijuana sales could potentially begin within mere weeks through the state’s existing medical cannabis dispensaries under a plan laid out this week by the New Jersey Senate Judiciary Committee chairman.
A hearing to get a head start on planning legal cannabis implementation was scheduled for last week, but that was canceled when the senator went into quarantine after being exposed to someone who tested positive for COVID-19.
Booker, for his part, is framing legalization as a matter of criminal justice reform.
“It will help us to join with other states who are seeing through legalizing you could better regulate its usage, you can have more and more tax dollars that can be applied to state priorities, from education to treatment,” Booker said in his new video. “And, we see how we begin to end what has been a very dark and unfair chapter in criminal justice in America.”
In any case, if polling is any indication, it appears that voters are poised to pass the cannabis referendum on their ballots next week.
A survey released last week found that that 65 percent of New Jersey voters are in favor of the marijuana referendum. Just 29 percent are opposed to the policy change and six percent remain undecided.
The results are statistically consistent with three prior polls from the same firm, as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released this month by Stockton University showed three-to-one support for legalizing cannabis among New Jersey voters.
Gov. Phil Murphy (D) has also been actively campaigning in favor of the referendum, participating in fundraisers and ads to encourage voters to approve it.
For example, the governor recorded a video that was released by NJ CAN 2020 earlier this month, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.
The governor similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.
“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”
Murphy also recently called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.
He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.
The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”
NJ CAN 2020 released a series of English- and Spanish-language video ads this month, after having published one prior ad.
In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.
Arizona Marijuana Opponents Release Five Misleading Attack Ads Ahead Of Legalization Vote Next Week
A campaign opposing a marijuana legalization initiative in Arizona recently released a series of ads imploring voters to reject the proposal.
The digital spots—which range from 16 to 42 seconds in length—argue that cannabis reform would negatively impact young people, increase impaired driving and create workplace risks. In doing so, they make misleading claims about what the proposed Arizona law would allow and what has occurred in other states that have already enacted legalization.
Here’s each ad and script, along with some broader context on the accuracy of the claims:
“When Washington State legalized marijuana, I wasn’t too concerned. What began happening with students, however, was alarming. Marijuana possession increased. We maintained a zero drug policy in our district, and parents and students became confused when students were disciplined for possession of marijuana. Suspensions increased and students lost valuable classroom time. If I could give one piece of advice from this Democrat, school principal from Washington to my new Arizona neighbors vote ‘no’ on 207. It won’t provide the support needed to deal with the problems this law will create. Vote ‘no’ on Prop. 207.”
Actually, a study published last year by the federal Centers for Disease Control and Prevention found that youth marijuana use declined in Washington State’s largest metropolitan county after legalization. Other research has reached similar conclusions.
“Marijuana use damages the developing brain of teenagers. Unfortunately, where marijuana is legal for adults, more teens get it and use it. Under Prop. 207, marijuana-laced candies, cookies and vape pens—all very appealing to teens—are not only legal but marijuana marketers can advertise them on TV, radio and social media, a teen favorite. Vote ‘no’ on Prop. 207.”
The Arizona initiative states that any advertising “involving direct, individualized communication or dialogue shall use a method of age affirmation is twenty-one years of age or older before engaging in that communication or dialogue.”
“Police pull over the driver next to you for swerving, but there’s no standard of impairment. It’s 2021, and using marijuana is legal right under Prop. 207. There’s no roadside test to gauge marijuana impairment, so they let it go. Nearly 70 percent of marijuana users in Colorado admit to driving stoned. Their traffic deaths doubled after legalization. Keep stoned drivers off Arizona roads. Vote ‘no’ on Prop. 207.”
The Arizona initiative explicitly states that it “does not allow driving, flying or boating while impaired by marijuana to even the slightest degree.”
“When you drop your child off at daycare, you expect the caregiver to be sober. Under Prop. 207, employers can only prohibit using marijuana at work. There’s nothing stopping employees from using and then heading to the daycare or elderly care facility or the worksite. Prop 207. ties the hands of employers who want to keep a drug-free workplace. Vote ‘no’ on Prop. 207.”
The Arizona initiative says it “does not restrict the rights of employers to maintain a drug- and alcohol-free workplace or affect the ability of employers to have workplace policies restricting the use of marijuana by employees or prospective employees.” It also “does not restrict the rights of employers, schools, day care centers, adult day care facilities, health care facilities or corrections facilities to prohibit or regulate conduct otherwise allowed by this chapter when such conduct occurs on or in their properties.”
Despite the questionable ad splurge from Arizonans for Health and Public Safety, convincing enough people to vote against the legalization proposal will be a steep task days out from the election, recent polling suggests.
A firm that’s been consistently tracking where residents stand on candidates and ballot questions found that 55 percent of likely voters favor Proposition 207 in a survey released earlier this month. A separate, recent survey showed 56 percent support among registered voters.
Both of those results are largely consistent with an internal poll Smart and Safe Arizona, the campaign behind the initiative, shared with Marijuana Moment last month.
These survey results represent promising signals to reform advocates that Arizona is ready to enact legalization, unlike in 2016 when voters rejected a similar proposal.
Democratic U.S. Senate candidate Mark Kelly also indicated this month that he is inclined to back the legal cannabis measure.
If the Arizona measure is approved by voters, adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.
The measure also contains several restorative justice provisions such as allowing individuals with prior cannabis convictions to petition the courts for expungements and establishing a social equity ownership program
Cannabis sales would be taxed at 16 percent. Tax revenue would cover implementation costs and then would be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.
The Department of Health Services would be responsible for regulating the program and issuing cannabis business licenses. It would also be tasked with deciding on whether to expand the program to allow for delivery services.
Photo courtesy of Mike Latimer.
Montana Marijuana Legalization Ballot Measure Has Solid Lead In New Poll
Montana voters appear poised to approve a proposal to legalize marijuana next week, according to a new poll released on Wednesday.
The survey, conducted by Montana State University (MSU) Billings, found that 54 percent of likely voters plan to support legal cannabis on the ballot, while 38 percent are opposed. Seven percent remain undecided.
There is a stark partisan divide on the measure, with 77 percent of Democrats in favor, and only 31 percent of Republicans agreeing. Sixty-three percent of independents back the reform.
Ending marijuana prohibition has majority support among both men and women in the state, and from voter groups under the age of 65. Those older than that are narrowly divided on legalizing cannabis.
A separate survey released earlier this month showed the measure leading, but without outright majority support. That poll, conducted by a separate team at MSU, found that Montana voters support marijuana legalization, 49 percent to 39 percent.
The new numbers showing continued voter backing for marijuana legalization comes a week after the state Supreme Court rejected a request to block the initiative. The case was filed by opponents who argued that the measure violates the state Constitution by appropriating funds to specific programs.
Under the proposal, half of the public revenue generated from marijuana sales would go toward environmental conservation programs—a provision that earned the campaign key endorsements last month.
In addition to the cannabis revenue earmarked for land, water and wildlife conservation programs, the proposal aims to send funds toward veteran services, substance misuse treatment, health care and local governments, with the rest being pegged to the general fund.
The state Supreme Court didn’t rule on the merits of the challenge but said that opponents needed to take up the issue in lower courts first, which they said they plan to do.
Also this month, a Montana-based federal prosecutor appointed by President Trump sent a press release highlighting his concerns that legalizing cannabis in the state could cause public health and safety harms.
Montana voters will actually see two cannabis questions on their ballots. A statutory measure to legalize marijuana for adult use would allow adults to possess up to an ounce of cannabis and cultivate up to four plants and four seedlings at home, while a separate constitutional amendment stipulates that only those 21 and older could access the market.
Photo courtesy of Max Pixel.