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These States Are Likely To Legalize Marijuana In 2018

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After four of five statewide marijuana legalization ballot initiatives were approved by voters in 2016, no additional states ended cannabis prohibition in 2017 (though New Hampshire did decriminalize possession of the drug and West Virginia allowed its medical use).

Now, a number of states are poised to legalize marijuana and approve other far-reaching cannabis measures in 2018.

If marijuana policy advocates’ plans come to fruition in the new year, 2018 will bring about the first legalization laws passed by lawmakers; to date, all eight states to end cannabis prohibition did it through voter initiatives.

Here’s a look at the states that are most likely to enact marijuana reforms in 2018:

Vermont

The Green Mountain state appears ready to legalize cannabis very soon. House and Senate leaders and Gov. Phil Scott (R) have signaled in recent weeks that they are prepared to legalize marijuana shortly after the legislature reconvenes on January 3. Because the state operates on a biennium, all that is needed is one more House vote in favor of a previously-Senate-passed bill that the governor has pledged to sign.

The legislation is different that other existing legalization laws because it would not create a system of taxed and regulated cannabis sales, at least not initially. It would instead legalize possession of small amounts of marijuana as well as low-level home cultivation, while a study commission would examine potential future legal commercialization.

New Jersey

Gov.-elect Phil Murphy (D) campaigned on legalization, and the Senate president says he’s ready to pass a bill in 2018. While some key lawmakers have signaled that they’d prefer not to rush into passing big changes to marijuana laws, the sponsor of a Senate legalization bill says he wants to get it to the governor’s desk within the first 100 days of the new administration.

Murphy consistently pledged to end prohibition on the campaign trail, often describing it as an important piece of a broader criminal justice reform agenda, in addition to touting the tax revenue it would generate. Failing to shepherd a legalization bill to enactment in the Garden State would amount to a broken promise and likely be somewhat of an embarrassment for the new governor.

Michigan

Advocates are poised to place a marijuana legalization measure on the state’s November ballot.

A similar proposal fell just short of qualifying in 2016, but the new effort is better-funded and has the support of national groups like the Marijuana Policy Project. Several surveys have shown majority support for legalization, including one this May that found likely voters back ending prohibition by a margin of 58 percent to 36 percent.

If the measure is approved, Michigan would be the first state in the Midwest to end cannabis prohibition.

Oklahoma

Activists have already succeeded in collecting enough signatures to place a medical cannabis measure before voters. There was a chance the measure could have gone on the 2016 ballot but, because a dispute over the measure’s official ballot title with then-Attorney General Scott Pruitt (now U.S. Environmental Protection Agency administrator) was not resolved by the state Supreme Court in time, its consideration was delayed until the next election.

Gov. Mary Fallin (R) says she will announce after the new year whether it will appear on the June primary ballot or will be considered during the November general election.

A 2013 poll found that 71 percent of the state’s likely voters support medical cannabis.

Utah

Activists are mounting a well-funded effort to qualify a medical marijuana measure for the state’s November ballot. If approved, the proposed measure would allow patients with cancer, HIV/AIDS, multiple sclerosis, PTSD, chronic pain and other specifically enumerated conditions to use medical cannabis preparations, but they would not be allowed to smoke the drug.

An October Salt Lake Tribune survey found that 75 percent of the state’s registered voters back medical marijuana. If the conservative state, along with Oklahoma, approves medical cannabis it would send a strong signal that the issue is not a partisan one.

Missouri

The Show Me State could potentially see three separate medical cannabis ballot measures qualify in 2018.

Competing teams are currently working to collect signatures for measures that would allow patients to use medical marijuana with their doctors’ recommendations. If one or more of the measures pass, the result could be in flux. Whereas the measure with the most votes usually prevails in instances of same-topic questions appearing on the same ballot, in this case two of the measures are constitutional amendments and one is a statutory change. Enacted constitutional provisions take precedence over statutes, of course, but if the statutory measure gets more votes than either of the proposed constitutional changes, it’s not clear which would be enacted. Litigation would likely ensue.

A July 2016 survey found that voters favored an earlier proposed ballot measure by a margin of 62 percent to 27 percent.

Virginia

Gov.-elect Ralph Northam (D) made marijuana decriminalization a centerpiece of his campaign, often describing the issue in stark racial justice terms.

Removing criminal penalties for cannabis appears to have bipartisan support in the state. Republican Senate Majority Leader Tommy Norment has pledged to file a decriminalization bill early in 2018.

And the effort could get an additional boost by Democrats’ surprising number of wins in House of Delegates races this past November. Depending on the results for two still-pending seats under review, the party could either have a narrow majority in the chamber or be tied with Republicans. The GOP has a two-seat majority in the Senate, but tie votes there would be broken by the Democratic lieutenant governor.

Other Possibilities

A team of wealthy individuals in Ohio announced this month that they will work to qualify a marijuana legalization measure for the state’s 2018 ballot. A 2015 initiative pushed by the same group was overwhelmingly rejected by voters. That campaign generated opposition from many longtime legalization activists because it proposed creating an oligopoly on cannabis cultivation for the very investors who paid to put it on the ballot. Advocates were also turned off by the campaign’s usage of a cartoony mascot, “Buddie,” which raised concerns about appealing to children. The team has said that it learned from those mistakes.

While Vermont and New Jersey are seen as most likely to pass marijuana legalization bills through their legislatures in 2018, advocates are also working to build momentum for bills to end prohibition in a number of other states next year. Among those are Connecticut, Delaware, Illinois and Rhode Island, any or all of which could potentially send legalization legislation to their governor’s desks in the coming months.

2018 is likely to be one of the most active years to date for marijuana legislation, and lawmakers in a number of states have already gotten a head start and begun prefiling bills for new sessions that begin in January.

This piece was first published by Forbes.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

Read: Here’s The Final 2018 Farm Bill That Will Legalize Hemp

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The final text of the 2018 Farm Bill was released on Monday, and industrial hemp legalization made the cut. Votes to send the legislation to President Trump’s desk are expected this week.

The bipartisan provision, championed by Senate Majority Leader Mitch McConnell (R-KY), will enable U.S. farmers to cultivate, process and sell hemp, the market for which is now a multi-billion dollar industry.

Following the announcement last month that lawmakers in the Senate and House Agriculture Committees had reconciled their respective versions of the agriculture legislation—with hemp legalization in the mix—questions remained about a controversial provision in the Senate version that would ban people with felony drug convictions from participating in the hemp industry.

But a compromise was reached and the final version will allow such individuals to work for hemp businesses after 10 years.

Read the text of the final 2018 Farm Bill’s hemp provisions here, followed by explanatory statements from the conference committee:

Farm Bill Hemp Provisions by on Scribd

Marijuana Moment excerpted the above sections dealing with hemp from the full 807-page Farm Bill and committee explanatory documentation.

“While this Farm Bill is a missed opportunity, there are some good provisions,” Rep. Earl Blumenauer (D-OR) said in a press release. “One of those provisions is to roll back our senseless hemp prohibition.”

“Our forefathers would be rolling in their graves if they saw us putting restraints on a versatile product that they grew themselves. We have farmers growing thousands of acres of hemp in dozens of states across the U.S. already. You can have hemp products shipped to your doorstep. This is a mainstream, billion-dollar industry that we have made difficult for farmers. It’s past time Congress gets out of their way.”

Under the legislation, hemp would no longer be in the jurisdiction of the Justice Department. Rather, the U.S. Department of Agriculture will lightly regulate the crop.

If the bill passes and President Trump signs it, hemp legalization will go into effect on January 1, according to VoteHemp.

Watch: Sen. Mitch McConnell Uses Hemp Pen To Sign Farm Bill Legalizing The Crop

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Watch: Sen. Mitch McConnell Uses Hemp Pen To Sign Farm Bill Legalizing The Crop

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Senate Majority Leader Mitch McConnell (R-KY) signed off on the final version of the 2018 Farm Bill on Monday…and he used a pen made of marijuana’s non-psychoactive cousin, hemp, to so do.

The senator has been the leading proponent of an industrial hemp legalization provision, which recently made its way into the final version of the wide-ranging agriculture legislation.

“Making it official with my hemp pen,” McConnell wrote in a tweet that includes video of him signing off on the proposal. “Proud to have served as conferee on Farm Bill & to fight for Kentucky priorities.”

“With today’s signature, my provision to legalize industrial hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to [President Donald Trump].”

The full text of the final Farm Bill legislation is expected to be publicly released on Tuesday, with votes anticipated in the House and Senate in the coming days.

Lawmakers Reach Compromise Over Controversial Hemp Legalization Felony Provision

Photo courtesy of Gage Skidmore.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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New York Governor May Include Marijuana Legalization In Budget Proposal Next Month

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New York Gov. Andrew Cuomo (D) might just go ahead and include full marijuana legalization in his budget proposal set to come out next month, Crain’s reported on Monday.

Two state lawmakers told the outlet that they’d heard rumors about the governor’s plan, which would build on his recent efforts to put legalization on the table during the next legislative session. Cuomo instructed a working group to draft legalization legislation in August after the state Department of Health came out with a report that found the pros of ending cannabis prohibition outweigh the cons.

If the historically anti-marijuana governor, who as recently as last year was calling cannabis a “gateway drug,” did put legalization in his budget proposal, it’d mean “the state could have a fiscal framework for the program as soon as April,” Crain’s reported.

What exactly that fiscal framework would look like is unclear, and Cuomo’s office declined to comment on the report. It’s possible that the budget would account for the costs of whatever legislation the working group ultimately releases; however, since the bill has yet to be released and the governor’s proposal is expected for January, that might be cutting it close.

In 2014, reform advocates expressed disappointment after Cuomo and leading lawmakers agreed to a budget deal that did not include a medical marijuana legalization bill. Months later, Cuomo signed separate medical cannabis legislation and, in the years since, the governor has grown more amenable to broader reform—especially in the heat of a contentious primary battle against Cynthia Nixon this year.

When the state does go forward with legalization, money is going to be a point of particular interest for lawmakers and advocates, as can already be seen as a debate over a proposal to use cannabis sales tax revenue for public transit in New York City intensified last week.

New York Cannabis Clash: Should Marijuana Taxes Fund Subways Or Social Justice?

Photo courtesy of Zack Seward.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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