The story of the “yes” vote on Oklahoma’s medical marijuana ballot measure was one of grassroots versus big money. And in this round, David beat Goliath.
On June 26, Oklahoma voters approved State Question 788 to legalize use, possession and cultivation of cannabis for medicinal purposes by a sizable margin of 57.9 percent to 43.1 percent.
New campaign finance reports received this week by the Oklahoma Ethics Commission revealed that the two “No” political action committees (PACs) heavily outraised and outspent the two “Yes” PACs.
Supporters took in just $176,577.99 in cash donations, compared to the $1,260,600.00 raised by opponents.
The pro-PACs had a secret weapon: Additional in-kind contributions of $133,684. The main “No” PAC didn’t report a single dollar of in-kind donations, but even counting donated services, supporters had far fewer resources overall.
With 507,582 “yes” votes and 385,176 “no” votes on Election Day, the “Yes” PACs had to raise only 35 cents in cash donations per vote (or 61 cents per vote, if in-kind donations are included). The “No” PACs raised $3.27 per vote, nearly ten times the amount medical cannabis backers had to take in to get their voters to the polls.
This is a sharp contrast to previous marijuana ballot measure campaigns in other states in which supporters have usually heavily outraised and outspent opponents.
This year in Oklahoma, pro-medical-marijuana forces also received far more individual donations, whereas opponents relied on a smaller number of contributions from monied interests.
The main pro-PAC, Vote Yes On 788, registered on December 7, 2017 and got a head-start on fundraising and campaigning, raising $31,279.82 in the first three months of 2018, half of that in in-kind contributions. Their biggest donor by far was New Health Solutions Oklahoma, with a cash infusion of $130,000 and in-kind donations of legal services, office space, t-shirt printing, printing and fundraisers totaling $90,903.
The Drug Policy Reform Network Of Oklahoma donated $300 to the “Yes” PAC in 2018. The remaining donations were all from individuals. In six months, the committee received $43,735 from 181 individual donors, with an average donation of $242. The largest individual donor gave $2,493.
The “Yes” PAC spent $6,393 in the first three months of 2018 to get out the word about the vote in old-school grassroots efforts including yard signs, flyers, stickers, buttons, shipments to volunteers and a highway sign. From April to the end of June, they spent $165,976 on similar items, and added in professional campaign tactics like surveys, electronic billboards, campaign management, phone banking and radio ads.
The main “No” PAC, SQ 788 Is Not Medical, didn’t even register until May 15, 2018, about 10 weeks before the vote. Their corporate donors contributed $1,181,925 to the losing effort. These included several oil and gas heavy hitters: Newfield Exploration and Devon Energy ($100,000 each), Cimarex Energy Co. ($75,000), ConocoPhillips and Gulfport Energy ($50,000 each), Oge Energy Corp, Chesapeake Energy and Phillips 66 ($25,000 each). Three banks also ponied up: Arvest ($25,000), IBC $20,000) and Bancfirst ($10,000). Communication giant Cox tossed in $25,000.
Non-profit organizations that supported the “No” PAC included the Oklahoma City and Tulsa Chambers of Commerce ($190,000 and $25,000 respectively), the Chickasaw Nation ($100,000) and national prohibitionist organization Smart Approaches to Marijuana ($10,000). The Oklahoma State Medical Association and Hospital Association and also pitched in, to the tune of $75,000 and $25,000, respectively.
Opponents had individual donations from just 14 people totaling $78,550, or an average of $5,611. The largest individual donor, the retired President of Mercedes Benz of Oklahoma, gave $50,000.
The “No” PAC poured more than $100,000 into mailings and over $1 million into media buys of television, print and radio. Given that the media buy included a television ad that said, “State Question 788 is not about medical marijuana… Why could anyone get it without a specific medical condition?” it’s possible that the ad did more to help get out the “Yes” vote from people who support broader reforms. The question did not set limits on physicians as to what qualifying conditions were eligible.
The “Vote Yes on 788” PAC received $35,000 in-kind for web development and social media, and 41,500 people have followed Yes on 788’s Facebook Group.
Neither of the “No” PACs bothered to create a website. SQ 788 Is Not Medical spent $15,000 on social media services, though no Facebook or Twitter accounts seem to exist. The spend included $10,000 to an organization called Student Development Institute, which also runs the Facebook page “Worth the Wait” for an abstinence/chastity ring non-profit.
A small anti-PAC, Oklahomans Against 788, raised $250 in 2018, plus $505.92 in-kind for a P.O. box, copies, office supplies and gas. All of the donations came from the two people who founded the PAC, and all of the expenses went to filing fee to create the PAC, plus bank fees and mileage reimbursement.
Another pro-PAC, Oklahomans For Health SQ 788, registered on November 21, 2017. The group, which helped get the question on the ballot, raised just $250 in 4th quarter 2017 and nothing in 2018.
Following the passage of the ballot measure, its backers were dismayed by the way the Oklahoma State Department of Health took up implementing regulations. The Department initially proposed requiring pharmacists at cannabis dispensaries, banning smokeable products and requiring women patients to take pregnancy tests, which if positive would prevent them from receiving medical cannabis.
Under pressure from supporters, the department last week walked back those restrictions. The director of the Board of Pharmacy was also fired over bribery allegations.
Approval of the medical marijuana ballot initiative marked the second time in recent years that Oklahoma voters surprised state lawmakers and law enforcement by approving a drug policy reform measure. In 2016, they passed state question 780, making possession of any drug a misdemeanor, by a wide margin: 58 percent to 42 percent.
Meanwhile, a group collecting signatures to get state question 797, a full marijuana legalization measure, on the ballot in November says they have reached their goal, though it is unclear for now if a sufficient number of the signatures they have garnered will turn out to be valid.
Berkeley City Council Considers Decriminalizing Psychedelics This Week
A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.
Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.
In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”
Is it time for #DecriminalizeNature #Berkeley? Agenda 4 at the public safety meeting this Wed. July 17, with the Decriminalize Nature team! This is a small meeting, so you do NOT need to attend. But if you live in Berkeley, write your City Council! https://t.co/gMSDkegMPU
— Decriminalize Nature (@DecrimNature) July 15, 2019
However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall 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 of at least 21 years of age.”
The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.
The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.
“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.
While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.
Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.
Nature lovers are organizing coast to coast (and Hawaii)! Is your city on the map? Connect to join with your local community, or if you have the motivation to propose a similar initiative in your city/town/county, let’s start growing! contact [email protected] #DNUSA pic.twitter.com/38UxLKK9RN
— Decriminalize Nature (@DecrimNature) July 2, 2019
On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.
Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”
Colorado Governor And USDA Official To Discuss CBD At Hemp Event
Colorado Gov. Jared Polis (D) and a U.S. Department of Agriculture (USDA) official will speak at a hemp conference next month to discuss policy and regulations concerning hemp-derived dietary supplements.
The American Herbal Products Association (AHPA) announced the lineup of their first-ever hemp and CBD conference last week. The two-day event is meant to “provide critical information for companies navigating the rapidly evolving legal, regulatory and financial landscapes to manufacture and market dietary supplement products with hemp or hemp-derived ingredients including cannabidiol (CBD).”
Following the legalization of hemp and its derivatives under the 2018 Farm Bill, lawmakers and stakeholders have been quick to highlight the industry’s potential and to call for an expedited rulemaking process so that CBD can be lawfully marketed in food items and dietary supplements.
This conference will focus on dietary supplements in particular, with presentations on the current regulatory landscape for such products, compliance issues for hemp businesses and market analysis.
Polis has been a vocal advocate for marijuana reform and pledged in his State of the State address in January that he would make “good on the promise of industrial hemp in Colorado.”
Longtime hemp industry supporter, former U.S. Congressman and current Colorado Governor Jared Polis to present at AHPA Hemp-CBD Supplement Congress — https://t.co/2wPOcvdkHr — #supplement #cbd #hemp #hempindustry @GovofCO pic.twitter.com/tYhqj8HFlx
— AHPA (@AHPAssociation) July 10, 2019
“With our world class universities like Colorado State and Adams State, which are at the forefront of hemp innovation with the leading hemp manufacturers and cultivators already here, we want to seize on this opportunity under the most recent national Farm Bill to help make Colorado the national leader in industrial hemp production,” Polis said at the time.
AHPA’s two-day event will also feature USDA Senior Marketing Specialist William Richmond, who will brief attendees with an update on the department’s progress developing regulations for CBD. The department said last month that it is aiming to release an interim final rule on hemp in August.
But while USDA has regulatory authority over hemp, businesses will also have to await guidance from the Food and Drug Administration (FDA) on marketing consumable CBD products. FDA said last week that it is “expediting” its rulemaking process and will release a report on its progress by early fall.
Former FDA Commissioner Scott Gottlieb said that because CBD exists as an FDA-approved drug and hasn’t previously been added to the food supply or in dietary supplements, the agency will have to create an alternative regulatory pathway for the compounds, which could take years without congressional action.
In the meantime, it appears that both federal agencies are taking steps to increase transparency around their regulatory progress. Two days before the USDA official is set to appear at the AHPA conference, an FDA representative is scheduled to keynote a separate hemp industry summit to discuss related issues.
Marijuana Legalization Could Be On The Horizon For British Virgin Islands
The British Virgin Islands (BVI) could soon have a bill to legalize marijuana before the legislature, according to a government official.
Details are sparse, but Agriculture Minister Natalio Wheatley said on Saturday that the draft legislation under consideration would address concerns about youth consumption and impaired driving while ensuring that adults no longer face jail time for simple possession.
“We certainly know that marijuana, which contains THC, has an impact on your disposition. It has an impact on you being able to complete certain tasks,” he said, according to BVI News. “We don’t want to fool everyone into thinking that we think persons should be up and down smoking marijuana through the streets without any sort of regulation.”
He added that he hoped the legislation would make BVI a global model for legalization.
“We certainly support having a well-regulated industry, and the fact that we’re coming in late into this whole discussion of marijuana means that we don’t have to repeat the mistakes that some of our brothers and sisters made in other places,” he said.
The draft bill being circulated reportedly originated under the previous administration and is being improved upon. Wheatley said that residents, who he believes support legalization, should expect community meetings to be scheduled to discuss the proposal.
“Persons will no longer be incarcerated for the possession and consumption of something that is recognized to be a lot less detrimental to your health,” he said. “In fact, we’re speaking about the medicinal value of it than something like alcohol. It’s proven that alcohol is much more damaging to your health than marijuana.”
BVI’s cousin, the U.S. Virgin Islands (USVI), hasn’t taken the step to allow adult use of marijuana, but the territory’s governor did sign a bill legalizing medical cannabis in January.
The sponsor of the USVI legislation, former senator and current Agriculture Commissioner Terrance “Positive” Nelson, said that he plans to continue to pursue broader reform, and he commended BVI for moving toward a commercial cannabis model.
“I told you already it is not easy to stand up for cannabis. I still have some scars on my back relative to the push in [USVI],” he said. “Here in the British Virgin Islands, you are talking about legalization and I want for local leaders here to continue to be brave enough to move forward.”
“Yes, there is going to be pushbacks. But the truth in the matter is this: the truth is on your side,” he said. “The truth is on our side.”
Photo courtesy of Philip Steffan.