Ever since Colorado and Washington became the first two states to approve marijuana legalization initiatives in 2012, additional states have joined them in each biennial election that has followed. And 2020 could be a banner year for cannabis on the ballot.
There are at least 16 states where advocates believe marijuana measures could go before voters next year—some considering full-scale recreational legalization while others would focus on medical cannabis.
Some of these would be citizen-led voter initiatives where activists collect signatures to qualify a measure for the ballot, while others would be referendums that lawmakers place before voters.
“Since the first adult-use legalization ballot initiative victory in 2012, the marijuana reform movement has successfully maintained its momentum,” Matthew Schweich, deputy director of the Marijuana Policy Project, said. “For four elections in a row there has been a legalization victory at the ballot box, and the upcoming election could deliver more victories in one day than ever before.”
Of course, not every initiated effort will end up securing enough funding, or formulating solid enough campaign plans, to collect sufficient signatures to qualify their measures for voters’ consideration on Election Day—but these are all states where activists or lawmakers have talked seriously about putting cannabis questions on ballots.
It’s not feasible to list every measure that activists took the modest trouble to initially file, and this overview looks primarily at efforts that seem most poised to advance. This post also doesn’t include the long list of states that might legalize marijuana through actions by lawmakers, as opposed to citizens via the ballot—which will be the focus of a separate piece.
In alphabetical order, here’s a comprehensive overview of the states where marijuana could be on the ballot in 2020.
Voters in Arizona narrowly rejected a marijuana legalization measure in 2016, thanks in part to sizable campaign contributions from the pharmaceutical industry. In 2020, though, the state’s medical cannabis companies will be working to pass an initiative making marijuana legal for adults.
The effort, known as Smart & Safe Arizona, would allow people 21 and older to possess, consume, cultivate and purchase cannabis from licensed retailers. It would also create a pathway for individuals with prior convictions to have their records expunged, and it proposes using some tax revenue from legal sales to invest in communities disproportionately impacted by prohibition.
Dispensary chains MedMen, Harvest Health and Recreation and Curaleaf Holdings are helping to fund the campaign. Advocates must collect 237,645 valid signatures from voters by July 2 in order to put the measure on the ballot.
In 2016, Arkansas voters approved a constitutional amendment allowing patients to have legal access to medical cannabis. Now, activists are floating separate measures to more broadly end marijuana prohibition and expunge past records.
In order to place the measures on the ballot, Arkansans for Cannabis Reform must gather 89,151 signatures by July 3, including required minimums in at least 15 counties.
Under the legalization proposal, adults over 21 would be allowed to to possess up to four ounces of marijuana, two ounces of cannabis concentrate and edible products containing cannabis with THC content of 200 mg or less. They could also cultivate up to six cannabis seedlings and six cannabis flowering plants for personal use.
A system of legal and regulated sales would be created, with tax revenue funding the program’s implementation, public pre-kindergarten and after school programs as well as the University of Arkansas for Medical Sciences.
Under the separate expungements measure, people with certain prior marijuana convictions would be able to petition courts for relief, including release from incarceration, reduction of remaining sentences and restoration of voting rights.
Despite the advancement of marijuana legalization legislation through several General Assembly committees this year, lawmakers weren’t able to form the consensus needed to get a bill to the desk of supportive Gov. Ned Lamont (D).
But while Connecticut doesn’t have the initiative process where activists can collect signatures to place a question on the ballot, some elected officials have floated the idea of advancing a referendum that would let voters weigh in on ending prohibition.
Most activists would prefer that lawmakers go ahead and just pass a legalization bill—because running a public education campaign to ensure a ballot measure passes would be expensive at a time when resources are needed in other states. A general referendum question would also require subsequent implementation legislation, and even putting it on the ballot in time for 2020 would take a supermajority of 75 percent of legislators.
Florida voters approved a constitutional amendment to legalize medical cannabis in 2016. Now, a group called Make It Legal Florida is working to place a full-scale marijuana legalization measure on the key swing state’s 2020 presidential ballot.
The proposed amendment to the state constitution would allow adults 21 and over to possess up to 2.5 ounces of cannabis. Existing medical marijuana dispensaries would be permitted to sell marijuana to adults. While the measure doesn’t mention a licensing system to establish separate recreational shops, lawmakers will likely enact detailed regulations should it pass, as they did with the prior medical cannabis measure.
The campaign is being backed by cannabis companies such as MedMen and Parallel (formerly known as Surterra Wellness).
A separate group, Regulate Florida, recently acknowledged that its lesser-funded effort wouldn’t be be able to successfully collect enough signatures to qualify for the ballot.
Idaho is one of only a handful of states in the U.S. that doesn’t even allow patients to access CBD medications with low-THC content. That could change, however, under a proposed medical marijuana ballot measure for which activists are currently collecting signatures.
The Idaho Cannabis Coalition’s proposal would let approved patients and their caregivers possess up to four ounces of marijuana. A system of licensed and regulated growers, processors, testers and retail dispensaries would be established.
Patients would not be allowed to grow their own medicine unless they qualify for a hardship exemption for those who have have a physical, financial or distance difficulty in acquiring marijuana at a dispensary. Those patients could grow up to six plants.
Organizers need to collect 55,057 valid signatures from voters in order to qualify the measure for the ballot.
In September, activists filed what they believe are more than enough signatures to qualify a medical cannabis measure for Mississippi’s 2020 ballot.
If the initiative is approved, patients with any of 22 conditions—including cancer, chronic pain and post-traumatic stress disorder—be allowed to possess up to 2.5 ounces of cannabis per 14-day period.
The secretary of state is expected to announce whether organizers collected a sufficient number of signatures for ballot access early in 2020.
Voters in the Show Me State approved a medical cannabis measure in 2018.
Now, activists are looking to expand on that with a broader marijuana legalization. Several different proposed measures to end cannabis prohibition have been filed with the secretary of state, but the campaigns at this point seem to be operating largely under the radar, so it remains to be seen whether any group will have the funding needed to mount a successful signature gathering drive.
Last year three separate medical cannabis measures ended up qualifying for the ballot, but two were rejected by voters.
Montana already has a medical cannabis program, and activists are looking to expand that to include legal adult use of marijuana in 2020.
The group New Approach Montana is currently in the process of drafting two separate legalization measures—one constitutional and one statutory.
The details of the proposals aren’t yet publicly available, but the statutory proposal will need roughly 25,500 valid voters signatures to qualify for ballot access, while the constitutional amendment would require nearly 51,000 signatures.
The national groups Marijuana Policy Project and New Approach PAC are backing the effort.
A separate group, MontanaCan, has already filed its own legalization proposal.
While legislative leaders in the Garden State, along with Gov. Phil Murphy (D), had hoped to simply pass a bill legalizing marijuana this year, the votes didn’t materialize. Instead, lawmakers decided to put the question of ending cannabis prohibition directly before voters.
Under the referendum adopted by the Senate and Assembly, the November 2020 ballot will contain a question that reads, “Do you approve amending the Constitution to legalize a controlled form of marijuana called cannabis?”
If the proposed constitutional amendment is approved, lawmakers would then get to work adopting regulations for the legal cannabis industry.
Gov. Andrew Cuomo (D) put marijuana legalization language in his budget submission earlier this year but, despite support for the idea from leading lawmakers, disagreement over particulars such as how to spend tax revenue meant that the proposal didn’t get over the finish line.
Indications are that Cuomo and lawmakers will try the legislative route again in 2020, but the governor has floated the idea of referring the question to voters at the ballot box.
“The opposition Senate position is there is no state that has passed it without a referendum. It’s never been done just by the legislature,” he said in a radio interview this year. “I believe Jersey may be moving to a referendum also, but Massachusetts, et cetera, the legislature acted after a referendum. So that’s what the senators who oppose it say—they think it’s an overreach by the legislature.”
If lawmakers can’t agree on the details of legalization again this year, Cuomo may call skittish legislators’ bluff and seek to advance a cannabis referendum to fulfill what he has said is one of his top agenda items.
North Dakota voters approved a medical cannabis ballot measure in 2016 and two years later swiftly defeated a proposal to more broadly legalize marijuana.
But advocates may have another chance in 2020. While the unsuccessful 2018 measure contained no limits on the amount of cannabis people could possess or grow, the new initiative, written by the same group of activists, has robust regulations—including a ban on home cultivation.
Legalization supporters hope more voters will agree to the narrower proposal this time around.
There is also another proposed legalization measure vying to collect the 13,452 valid signatures needed for ballot access.
In 2015, Ohio voters overwhelmingly rejected a marijuana legalization measure that even many longtime activists opposed due its proposed regulatory structure that would have granted control over cannabis cultivation to the very same group of wealthy individuals who paid to put it on the ballot.
Advocates have cited the Buckeye State as a potential target for another try in 2020, though no proposals have yet been filed.
Voters in number of communities throughout the state have in recent years approved measures to decriminalize marijuana possession on a local basis, indicating that there is public support for cannabis reform if placed on the state ballot again next year.
That said, Ohio is a large state, and qualifying initiatives there is very expensive, so any successful effort will likely need to have industry support.
Voters in Oklahoma shocked national observers by approving a medical cannabis ballot measure last year during a midterm primary election by a solid margin, even though demographics thought to be most supportive of marijuana reform tend to turn out in bigger numbers during general elections in presidential voting years.
Since then, people have flocked to the program, with nearly 5 percent of the state’s population registered as approved patients.
Now, seeing potential for expansion, activists are looking to follow up next year with a broader marijuana legalization initiative.
Backed by the national New Approach PAC, the new effort will have to collect 178,000 valid signatures from registered voters to qualify for ballot access.
Under the measure as initially filed, adults 21 and older would be allowed to possess, cultivate and purchase cannabis from licensed retailers. There would be a 15 percent excise tax on marijuana sales, revenue from which would cover implementation costs and fund schools, drug treatment programs and other public service programs.
Personal possession would be capped at one ounce and individuals could grow up to six plants. The proposal would also provide expungements for those with prior marijuana convictions.
Backers recently withdrew the initial measure, but plan to redraft it with feedback from the medical cannabis community, with a new version expected to be filed soon.
Lawmakers in Rhode Island have filed marijuana legalization bills for the last several sessions but they have never been brought to a vote. In 2019, Gov. Gina Raimondo (D) went so far as to put legalization language in her budget proposal, but it was removed by legislative leaders.
The governor has indicated she will make another attempt in 2020, but if that doesn’t pan out, lawmakers may consider putting the question to voters via a referendum.
In 2016, Raimondo said she is “open to” giving voters a chance to decide on legalization via a ballot question. And House Speaker Nicholas Mattiello (D), said that he was “considering the possibility of placing a non-binding referendum question on the ballot regarding the use of recreational marijuana.”
A bill for a marijuana referendum that was filed in 2018 never received a vote, but it’s an avenue the legislature might consider pursuing next year as legalization comes online in more nearby states.
Lawmakers in Nebraska have repeatedly rejected medical cannabis legislation. Frustrated with their colleagues’ unwillingness to change the law to let patient legally medicate, two senators in the state’s unicameral legislature are partnering with local and national advocacy groups to put the question directly to voters through a ballot initiative.
Under the proposed constitutional amendment, physicians or nurse practitioners would be able to issue recommendations to patients, who would then be allowed to “use, possess, access, and safely and discreetly produce an adequate supply of cannabis, cannabis preparations, products and materials, and cannabis-related equipment to alleviate diagnosed serious medical conditions without facing arrest, prosecution, or civil or criminal penalties.”
The measure would also provide for a system of legal and regulated cannabis distribution through dispensaries.
Organizers must collect valid signatures from roughly 122,000 voters in order to make the ballot.
The South Dakota secretary of state’s office certified this month that activists collected more than enough signatures to qualify a medical cannabis measure for the November 2020 ballot.
If approved, patients suffering from debilitating medical conditions would be allowed to possess and purchase up to three ounces of marijuana from a licensed dispensary with approval from their doctors. They could also grow at least three plants, or more if authorized by a physician.
A separate campaign led by a former federal prosecutor is currently collecting signatures in support of a proposed constitutional amendment to legalize marijuana for adult use.
That measure would allow adults 21 and older to possess and distribute up to one ounce of marijuana and cultivate up to three cannabis plants. The state Department of Revenue would issue licenses for manufacturers, testing facilities and retailers.
South Dakota voters rejected medical cannabis ballot measures in 2006 and 2010, but advocates hope that the changing national and regional climate on marijuana reform means that voters will be more supportive this time around.
Non-Marijuana Initiatives On State Ballots
Activists in a few states are taking steps to bring broader drug policy reform questions to voters’ ballots in 2020.
A group called Decriminalize California is preparing to soon begin collecting signatures in support of a measure to legalize psilocybin mushrooms.
In Oregon, organizers are already collecting signatures to qualify separate initiatives to legalize the psychedelic fungus for therapeutic uses and to decriminalize all drugs while expanding funding for substance misuse treatment programs.
2020 Will Be A Big Year For Marijuana
While 2019 was a huge year for marijuana, 2020 is poised to be even more impactful.
Separate from the huge number of states where cannabis and drug policy reform questions could appear before voters on ballots, lawmakers in many states are expected to consider bills to legalize marijuana.
Meanwhile, advocates will push to expand on cannabis reform momentum in Congress, where this year a marijuana banking bill was approved by the full House of Representatives and legislation to federally legalize cannabis and fund programs to begin repairing the harms of the war on drugs advanced at the committee level.
And with presidential candidates increasingly embracing cannabis legalization and other far-reaching reforms, 2020 is poised to be the biggest year for marijuana yet.
“In 2020, hundreds of thousands of Americans will turn out to vote not for the top of the ticket, but for the rights of cannabis consumers in upwards of a dozen states,” said NORML Political Director Justin Strekal. “As we have seen in previous elections, marijuana initiatives increase voter turnout in nearly every demographic. With public support growing by the day, 2020 will be the biggest year yet for expanding the freedoms and liberties of cannabis consumers.”
Photo courtesy of Democracy Chronicles.
Idaho Medical Marijuana Activists ‘Likely’ To Seek Signature Gathering Relief After Court Ruling
A campaign to legalize medical marijuana in Idaho is preparing to potentially collect signatures again, as they are likely to seek the same relief that a federal court recently granted a separate campaign that found its petitioning efforts crippled by the coronavirus pandemic.
The judge said activists behind Reclaim Idaho, which is pushing an initiative on school funding, can start collecting signatures in-person and electronically for 48 days starting July 9. While the Idaho Cannabis Coalition wasn’t involved in that case, they feel the ruling will apply to them and they’re actively monitoring the situation.
“We are in the process of working with the local medical marijuana campaign to assess whether Judge Winmill’s order provides a route for the medical marijuana initiative to still qualify for the November ballot,” Tamar Todd, legal director for the New Approach PAC, which is lending support to the state cannabis effort, told Marijuana Moment.
“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court,” she said. “I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”
On June 23, U.S. District Judge B. Lynn Winmill gave the state two options: either allow electronic signature gathering for 48 days or simply place the Reclaim Idaho initiative on the ballot regardless of the signature requirement. The state chose neither and proceeded to request that the ruling be stayed.
The judge denied the state’s request to stay the order, so the signature gathering for the school funding campaign can proceed on July 9. The state has since filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to challenge the lower court’s ruling.
“The district court order severely and unquestionably disrupts Idaho’s election,” the state deputy attorney general wrote in the motion.
The deadline to submit 55,057 signatures to qualify the cannabis initiative passed on May 1, shortly after the group announced it was suspending petitioning activities because of the health crisis and the stay-at-home social distancing measures the state enacted. The cannabis campaign said it has about 45,000 raw signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.
Under the proposed measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.
While advocates say passing medical marijuana in one of the remaining states without such policies on the books would be a victory for patients in its own right, it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently sitting in limbo in a Senate committee chaired by a senator who represents the state.
Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.
Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators
Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.
As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.
But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.
State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”
The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. Learn more here: https://t.co/3b6XFzYe2f pic.twitter.com/MPq4Z3PWft
— Oklahoma Medical Marijuana Authority (@OMMAOK) July 2, 2020
Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.
The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”
It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.
Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.
Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.
Photo courtesy of Max Pixel
Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect
Only a day after a new marijuana decriminalization law took effect in Virginia, top state lawmakers are announcing that they’re already looking ahead to full legalization.
A group of Democratic legislators on Thursday announced plans to introduce a bill to legalize and regulate a commercial cannabis market in the state. While the measure isn’t set to be filed until next year, lawmakers framed legalization as necessary in the fight for social and racial justice.
“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do,” House Majority Leader Charniele Herring (D) said in a press release. “While marijuana arrests across the nation have decreased, arrests in Virginia have increased.”
Other lawmakers backing the broader legalization push include Sens. Adam Ebbin (D) and Jennifer McClellan (D), as well as Del. Steve Heretick (D).
On Wednesday, the state’s new marijuana decriminalization policy took effect. The law, approved by lawmakers earlier this year and signed by Gov. Ralph Northam (D), removes criminal penalties for low-level marijuana possession. Under the change, having up to an ounce of cannabis is now punishable by a $25 fine and no threat of jail time or a criminal record.
Prior Virginia law punished simple marijuana possession with up to 30 days in jail, a $500 fine and a long-term criminal record.
“This bill will prevent low-level offenders from receiving jail time for simple possession while we move toward legalization with a framework that addresses both public safety and racial equity in an emerging market,” Herring said of the new law, which she sponsored in the House of Delegates and Ebbin led in the Senate.
The decriminalization measure also contains a provision to study future legalization. It requires a bevy of executive agencies, including “the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security,” to convene an expert working group to study the matter. That panel’s report is due in November.
A separate legislative agency, the Joint Legislative Audit and Review Committee (JLARC), is also studying the impacts of possible legalization as the result of yet another resolution approved by lawmakers this year.
Lawmakers said on Thursday that the JLARC report, which is due in December, would inform how they shape legalization legislation they expect to file in 2021.
“Elements of the JLARC study include review of best practices from states such as Illinois that have developed a legal framework, testing and labelling recommendations, and measures to reduce illicit sales,” according to a press release from Ebbin’s office. “The study will also examine how best to provide redress and economic opportunity for communities disproportionately impacted by marijuana prohibition, and recommend programs and policies to reinvest in affected communities.”
The Virginia Legislative Black Caucus doesn’t want to wait for the results of the two reviews, however, and is pushing fellow lawmakers to take up cannabis legalization during a special session in August. In addition, the caucus has said its members intend to file bills to implement automatic expungement, ban no-knock warrants, require courts to publish racial date on people charged with low-level offenses and enact other sweeping criminal justice reforms.
Jenn Michelle Pedini, development director for the legalization advocacy group NORML and executive director of the group’s Virginia chapter, said the organization, which has worked with lawmakers on past reforms, looks forward to continuing to bring evidence-based cannabis policy to Virginia.
“For far too long, young people, poor people, and people of color have been disproportionately impacted by cannabis criminalization, and Virginia must take immediate steps to right these past wrongs and undo the damage that prohibition has waged upon hundreds of thousands of Virginians,” Pedini said. “It is time to legalize and regulate the responsible use of cannabis by adults in the Commonwealth.”
Ebbin said that despite the meaningful step of decriminalization, the state still has a long way to go.
“Today Virginia is taking an important first step in reducing the harm caused by the criminalization of cannabis,” he said in a statement. “The prohibition of marijuana has failed and the consequence of this failure has been felt overwhelmingly by Virginians of color, but it has not ended. It will only end when it is replaced by a regulated adult-use market that emphasizes equity—making whole those who have been burdened most by making sure they have a seat at the table and access to the marketplace. We are looking forward to doing the hard work needed to get this right.”
In the meantime, the Senate Democratic Caucus has announced it will pursue a bill during the special session next month to end law enforcement searches of people or vehicles based solely on the smell of marijuana, which critics say is a recipe for discriminatory enforcement. The group also noted that the chamber approved legislation during the regular legislative session that would have expunged certain marijuana charges and convictions, but that those bills didn’t make it to the governor’s desk.