In November 2016, nine statewide marijuana ballot initiatives went before voters, and eight were approved.
In 2018, voters in a number of additional states are likely to see cannabis questions when they go to their polling places.
Here’s an in-depth look at those states that have the best chance of qualifying marijuana initiatives, followed by some brief info on a few that seem like longer shots…
(Note: Additional states that don’t allow voter initiatives or referenda could see legalization or medical cannabis measures approved by legislatures. A future post will examine those opportunities.)
The Michigan Regulation and Taxation of Marihuana Act would allow adults over 21 to possess, grow and use small amounts of marijuana legally.
Specifically, they could grow up to 12 total marijuana plants in a single residence, possess 2.5 ounces outside their homes and store 10 ounces at home (in addition to what they grow legally).
State regulators would grant business licenses for cultivators, processors, testing facilities, secure transporters, retail stores and microbusinesses (i.e. small businesses cultivating a low number of plants from which they would sell product directly to consumers).
Municipalities would be empowered to regulate or ban cannabis businesses.
Retail sales would be subject to a 10 percent excise tax in addition to the state’s regular six percent sales tax. Revenues would cover the cost of regulation and additionally fund schools, roads, local governments and FDA-approved research on medical marijuana’s role in helping military veterans struggling with PTSD and other conditions.
Path to ballot: Organizers need to collect 252,523 valid signatures from registered voters to qualify the measure but, because voters sometimes sign petitions incorrectly and signatures are disqualified, organizers turned in more than 360,000 in late November. State officials will now verify that a sufficient number are valid.
Who is behind the campaign: The Coalition to Regulate Marijuana Like Alcohol is organized by Washington, D.C.-based Marijuana Policy Project (MPP), which has spearheaded many previously successful cannabis initiatives. MPP worked to garner buy-in for the effort from grassroots activists with MI Legalize who narrowly failed to qualify a legalization measure for the state’s 2016 ballot.
Polling: 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.
Another Michigan measure: A second legalization campaign is also collecting signatures but the team behind it doesn’t appear to have the funding it will likely take to qualify their measure for the ballot.
A proposed constitutional amendment would allow doctors to recommend medical cannabis for any condition.
Qualified patients, after getting physician approval, would receive identification cards from the state that last for one year, subject to renewal. Patients and their primary caregivers would be allowed to cultivate up to six marijuana plants and purchase at least four ounces of cannabis from dispensaries on a monthly basis.
The state would issue licenses for medical cannabis cultivation, testing, infused products manufacturing and dispensing businesses.
The measure sets up a four percent retail tax on medical cannabis sales, with all revenue going toward services for military veterans after implementation and regulations costs are covered.
Path to ballot: Organizers need to collect 160,199 valid signatures from registered voters to qualify the measure. As of late September, the campaign had collected nearly 75,000 raw signatures.
Who is behind the campaign: New Approach Missouri is working to put the measure before voters. The organization narrowly failed to qualify a similar measure for 2016’s ballot.
Polling: A number of polls have found majority support for medical cannabis, including a July 2016 survey showing voters favored an earlier proposed ballot measure by a margin of 62 percent to 27 percent.
Other Missouri Measures: A second medical cannabis constitutional initiative being organized by physician, lawyer and former lieutenant governor candidate Brad Bradshaw appears that it may qualify as well. His campaign says that it has already collected nearly 150,000 signatures. A third measure, a statutory one involving former House Speaker Steve Tilley, is also in play. And there are also a number of other competing marijuana initiatives seeking ballot access, including several that would legalize recreational marijuana in addition to medical cannabis, but there is no indication that these measures have enough funding to qualify.
A proposed statutory initiative would allow would allow doctors to recommend medical cannabis for any condition.
Qualified patients, after getting physician approval, would receive identification cards from the state, and would be allowed to possess three ounces of marijuana on their person and eight ounces at home. They could also cultivate six mature plants and six seedlings. And they would be allowed to possess one ounce of cannabis concentrates and 72 ounces of marijuana edibles.
Homebound patients could designate a caregiver who could purchase, grow or possess marijuana for them.
People who are caught with 1.5 ounces or less of cannabis and who don’t have medical marijuana cards but can state a medical condition would be met with misdemeanor offenses punishable by no more than a $400 fine.
The state would issue licenses for medical cannabis cultivation, processing, transportation and dispensing businesses.
A seven percent retail tax on medical cannabis sales would be levied. After covering implementation and regulation costs, additional revenue would fund education and drug and alcohol rehabilitation programs.
Path to ballot: The measure has already qualified. There was a chance it could have appeared before voters in 2016 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) placed the measure on the June 26 primary ballot.
Who is behind the campaign: Oklahomans for Health qualified the measure and is running the campaign to pass it.
Polling: A Sooner Poll found that 62 percent of Oklahomans support the ballot initiative.
The Utah Medical Cannabis Act would allow doctors to recommend medical marijuana to patients with cancer, HIV/AIDS, multiple sclerosis, PTSD, chronic pain and other specifically enumerated conditions.
Qualified patients, after getting physician approval, would be issued state identification cards and be allowed to purchase two ounces of cannabis or products containing 10 grams of cannabidiol or tetrahydrocannabinol from a dispensary during any 14-day period. Patients who do not live within 100 miles of a dispensary would be allowed to grow six plants. The measure would create an affirmative defense that could be used by patients before identification cards become available.
Smoking medical cannabis would not be allowed. Patients could designate caregivers who would help grow, obtain and administer cannabis.
The state would issue licenses for medical cannabis cultivation, processing, testing and dispensing businesses.
Municipalities would be allowed to regulate, but not ban, marijuana businesses.
Medical cannabis would be exempt from sales taxes. Revenues generated by licensing fees are expected to offset implementation and regulation costs.
Path to ballot: Organizers need to collect 113,143 valid signatures from registered voters to qualify the measure. As of October, they had turned in roughly 20,000 signatures.
Who is behind the campaign: The Utah Patients Coalition is the driving force behind the measure, and is primarily funded by the Marijuana Policy Project.
Polling: Numerous polls have shown strong majority support for medical cannabis. An October Salt Lake Tribune survey found that 75 percent of the state’s registered voters back medical marijuana.
Commonwealth of the Northern Mariana Islands: Lawmakers in the U.S territory are considering legislation that would place a measure legalizing marijuana and allowing medical cannabis before voters in 2018.
Maryland: State legislators are considering putting a marijuana referendum on the ballot so that voters can decide to enact legalization.
Rhode Island: Some lawmakers in the state have in years past floated the idea of placing a nonbinding legalization referendum on the state ballot so that voters could weigh in on the issue. Activists prefer for the legislature to simply pass a bill to end prohibition, but if that doesn’t seem possible as the 2018 session goes on, they may pursue the referendum approach. If a referendum were to pass, lawmakers would likely feel increased pressure to enact a bill in 2019.
South Dakota: Activists with New Approach South Dakota are circulating petitions for two ballot measures: One to allow medical cannabis and one to legalize recreational marijuana.
Photo courtesy of Democracy Chronicles.
Feds Send Warning Letter To Another CBD Company Over Medical Claims
The Food and Drug Administration (FDA) and Federal Trade Commission (FTC) sent a warning letter to a Florida-based CBD company on Tuesday, alleging that the business made several unsanctioned claims about the therapeutic benefits of their products.
The federal agencies accused Rooted Apothecary of unlawfully asserting that their cannabidiol products could treat symptoms of conditions such as ADHD, Parkinson’s disease, ear aches, ADHD and autism. Those claims appeared on the company’s website and social media accounts, they said.
Certain products appeared to be marketed as dietary supplements, which FDA currently prohibits as it works to develop an alternative regulatory scheme for CBD.
“Cannabis and cannabis-derived compounds are subject to the same laws and requirements as FDA-regulated products that contain any other substance,” Acting FDA Commissioner Ned Sharpless said in a press release. “We are working to protect Americans from companies marketing products with unsubstantiated claims that they prevent, diagnose, treat, or cure a number of diseases or conditions.”
FDA and FTC have issued a joint warning letter to a company marketing unapproved cannabidiol products with unsubstantiated claims to treat teething and ear pain in infants, autism, ADHD, Parkinson’s and Alzheimer’s disease, among other conditions/diseases. https://t.co/tsn4SBiGzH pic.twitter.com/sG3wyURMDS
— Dr. Ned Sharpless (@FDACommissioner) October 22, 2019
We’ve sent numerous warning letters that focus on matters of significant public health concern to CBD companies, and these actions should send a message to the broader market about complying with FDA requirements.
— Dr. Ned Sharpless (@FDACommissioner) October 22, 2019
“We’ve sent numerous warning letters that focus on matters of significant public health concern to CBD companies, and these actions should send a message to the broader market about complying with FDA requirements,” he said. “As we examine potential regulatory pathways for the lawful marketing of cannabis products, protecting and promoting public health through sound, science-based decision-making remains our top priority.”
FTC’s complaint with the company is that it violated a law that requires businesses that advertise medical claims about their products to have “competent and reliable scientific evidence” to back them up, which could include human clinical trials. Making or exaggerating such claims through “a product name, website name, metatags, or other means” without proper evidence is also prohibited.
FTC and @US_FDA warn Florida company marketing CBD products about claims related to treating autism, ADHD, Parkinson’s, Alzheimer’s, and other medical conditions: https://t.co/cAbxPPcxk8 pic.twitter.com/GdlttyBgxv
— FTC (@FTC) October 22, 2019
Rooted Apothecary must respond to the agencies within 15 working days to explain what steps it’s taking to resolve the issues. If the company fails to do so, it is subject to legal action, including the possible seizure of its products or an injunction. It may also have to compensate customers.
FDA emphasized that CBD products—other than the prescription medication Epidiolex, for the treatment of intractable epilepsy—are not currently allowed. But it also reiterated that the agency is in the process of developing rules that could allow for the lawful marketing of the compound.
In April, FDA sent warning letters to three other CBD companies that it said was making unauthorized claims about the medical benefits of their products. FTC also submitted warning letters to three separate CBD companies for allegedly advertising misleading statements about their products last month.
These letters are examples of the agency’s use of enforcement discretion. Former FDA Commissioner Scott Gottlieb, who recently suggested that the federal government should be involved in regulating state marijuana programs, clarified in March that the agency is only going after companies that make especially misleading claims about their products.
Senate Majority Leader Mitch McConnell (R-KY), who championed a provision of the 2018 Farm Bill federally legalizing hemp and its derivatives, has urged FDA to clear a path for the lawful marketing of CBD products by using enforcement discretion while it develops an interim final rule. A bipartisan group of lawmakers made a similar request in a letter sent to the agency last month.
“The FDA is working quickly to further clarify our regulatory approach for products containing cannabis and cannabis-derived compounds like CBD while using all available resources to monitor the marketplace and protect public health by taking action as needed against companies,” FDA Principal Deputy Commissioner Amy Abernethy said.
FDA’s working quickly to further clarify our regulatory approach for products with cannabis/cannabis-derivatives like CBD while using all available resources to monitor the marketplace & protect public health by taking action as needed against companies. https://t.co/HB9IhG2qud
— Dr. Amy Abernethy (@DrAbernethyFDA) October 22, 2019
We are committed to advancing our regulation of these products through an approach that, in line with our mission, prioritizes public health, fosters innovation and promotes consumer confidence. We plan to provide an update on our progress in this area in the near future.
— Dr. Amy Abernethy (@DrAbernethyFDA) October 22, 2019
“We recognize that there is significant public interest in cannabis and cannabis-derived compounds; however, we must work together to fill in the knowledge gaps about the science, safety and quality of many of these products,” she said. “We are committed to advancing our regulation of these products through an approach that, in line with our mission, prioritizes public health, fosters innovation and promotes consumer confidence.”
Photo courtesy of Kimzy Nanney.
GOP Senator Links Medical Marijuana Claims To Tobacco Industry Advertisements
Sen. John Cornyn (R-TX) said on Tuesday that claims about the therapeutic potential of marijuana remind him of decades-old tobacco industry advertisements asserting that the product had medical benefits.
In a speech on the Senate floor, Cornyn discussed a hearing that the International Narcotics Control Caucus, which he co-chairs, will hold on Wednesday to explore the public health impacts of cannabis. He said it was especially important to hear from experts about the subject as more states legalize marijuana and members of Congress, as well as Democratic presidential candidates, push to end federal prohibition.
Senate Hearing To Focus On Marijuana And Health This Week – https://t.co/aPZczm3X75
— Senator John Cornyn (@JohnCornyn) October 21, 2019
The senator made clear he’s skeptical about marijuana’s health benefits.
“There’s no shortage of people who claim that marijuana has endless health benefits and can help patients struggling from everything from epilepsy to anxiety to cancer treatments,” he said. “This reminds me of some of the advertising we saw from the tobacco industry years ago where they actually claimed public health benefits from smoking tobacco, which we know as a matter of fact were false and that tobacco contains nicotine, an addictive drug, and is implicated with cancers of different kinds.”
“We’re hearing a lot of the same happy talk with regard to marijuana and none of the facts that we need to understand about the public health impact of marijuana use,” he said.
While Cornyn recognized there’s significant support for cannabis reform, he said that ” for the number of voices in support of legalization, there are even more unanswered questions about both the short- and long-term public health effects.”
He expressed concern about increased levels of THC concentration in cannabis products and stated that it’s “true that for some people that marijuana can indeed be addictive.”
“There’s simply a lack of scientific evidence to determine the link between marijuana and various health risks, and that’s something I would think Congress and the American people would want to know before we proceed further down this path,” Cornyn said. “We don’t know enough about how this could impair cognitive function or capacity or increase the risk of mental illness or perhaps serve as a gateway for other drugs that are even more damaging to the health of a young person.”
The senator made similar remarks during a conversation with a former White House drug czar in August. He said it was important to address the public health impacts of cannabis before moving forward with legislation that would protect banks that service marijuana businesses from being penalized by federal regulators.
“With increasing use and a growing number of states giving the green light for marijuana use, we need better answers,” he said.
The surgeon general and the director of the National Institute on Drug Abuse, along with several academics, are scheduled to testify at Wednesday’s hearing.
Photo courtesy of C-SPAN.
Michael J. Fox Parkinson’s Foundation Urges Congress To Pass Three Marijuana Research Bills
A leading advocacy group that’s dedicated to finding treatment options for Parkinson’s disease is backing three pieces of marijuana research legislation in Congress.
The Michael J. Fox Foundation (MJFF)—named after the actor, who has Parkinson’s and established the nonprofit—said last week that lifting barriers to cannabis research, including rescheduling the plant under the Controlled Substances Act (CSA), is necessary to promote studies verifying marijuana’s potential therapeutic benefit for conditions such as Parkinson’s patients.
“The MJFF supports increased access to cannabis for medical research. Congress has begun to recognize this need, and there are several bills in the U.S. House and Senate designed to remove barriers that impede safe and legal access to cannabis by medical researchers,” the foundation said on its website. “The MJFF public policy team is tracking these bills and working to educate members of Congress and their staff on their importance to the Parkinson’s community.”
MJFF said it’s in favor of three marijuana bills, which would accomplish the following:
—Require the Justice Department to approve additional manufacturers for research-grade cannabis.
—Protect research institutions that conduct studies on marijuana.
—Authorize the U.S. Department of Veterans Affairs (VA) to inform patients about opportunities to participate in federally authorized cannabis studies.
—Require VA to conduct studies into the therapeutic potential of marijuana in the treatment of various conditions that commonly afflict veterans such as chronic pain and post-traumatic stress disorder.
—Reschedule marijuana from Schedule I to Schedule III under the CSA.
—Free up universities to conduct studies on cannabis by removing certain regulatory requirements.
In a letter to the Senate sponsor of that last piece of legislation, Sen. Dick Durbin (D-IL), in June, the foundation stated that marijuana’s current classification under federal law and the inadequate quality of cannabis grown at the only federally authorized manufacturing facility has meant that “researchers do not have the proper materials to conduct the necessary research.”
The foundation noted that it has submitted comments to the Food and Drug Administration arguing in favor of rescheduling in 2018 and 2019. It also applauded the Drug Enforcement Administration for announcing that it would take steps to approve additional federal cannabis farms for research.
“Current policies hinder comprehensive medical research on cannabis, making it difficult to generate the evidence needed for clear recommendations,” Andrew Koemeter-Cox, MJFF’s associate director of research programs, said. “This is especially problematic when some products may be unsafe for human use and have the potential for adverse interactions with other medications.”
Ted Thompson, the nonprofit’s senior vice president of public policy, said that removing barriers to research “is one way in which Congress can help scientific researchers determine what the benefits of medical cannabis might be for Parkinson’s disease.”
“Our role on the public policy team is to work with Congress and the administration to ensure there is access and funding for research and care initiatives that can benefit people living with Parkinson’s and, right now, that includes access to medical cannabis for research,” he said.
Photo courtesy of Brian Shamblen.