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.
Senate Votes To Send Hemp Legalization To President Trump’s Desk
The Senate approved a far-reaching agriculture bill that includes a provision to legalize industrial hemp on Tuesday.
The vote gets the U.S. one step closer to ending its decades-long prohibition of a non-psychoactive plant in the cannabis family, empowering farmers to cultivate and sell a lucrative crop that can be used to create an exceptional range of products—from cosmetics to concrete.
The Senate and House Agriculture Committees had reconciled their respective versions of the 2018 Farm Bill last month, and lawmakers said they hoped to get it passed before the year’s end.
It seems Congress is positioned to meet that projection. The bill passed 87-13 in the Senate, and the House is expected to take it up soon. If the House approves the bill, it will be sent to President Donald Trump’s desk to be signed into law.
While debate on the legislation extended over several months, it quickly became apparent that the hemp legalization provision had bipartisan support. Separately, a compromise was reached over a provision that would ban people with felony convictions from participating in the hemp industry. The ban would be lifted after 10 years under the current legislation.
Hemp would no longer be controlled by the Justice Department if it’s ultimately approved. Instead, the U.S. Department of Agriculture would lightly regulate the crop.
Senate Majority Leader Mitch McConnell (R-KY), Sen. Ron Wyden (D-OR) and others cheered the inclusion of legal hemp in the Farm Bill.
At a time when farm income is down and growers are struggling, industrial hemp is a bright spot of agriculture’s future. My provision in the Farm Bill will not only legalize domestic hemp, but it will also allow state departments of agriculture to be responsible for its oversight
— Leader McConnell (@senatemajldr) December 11, 2018
You can read the full text of the hemp legalization provisions in the Farm Bill here.
Photo courtesy of Brendan Cleak.
Trump Threatens Government Shutdown, Raising Concern For Legal Marijuana Industry
President Donald Trump is threatening to shut down the government if Democrats refuse billions of dollars in funding for a border wall—but the consequences of that action would extend far beyond border security.
WASHINGTON (AP) — Trump threatens gov't shutdown in heated meeting with Dem leaders over border wall, squabbling over election results.
— Zeke Miller (@ZekeJMiller) December 11, 2018
If the president makes good on his promise to withhold his signature from essential appropriations bills this time, that could inadvertently leave the legal marijuana industry vulnerable to federal drug enforcement actions. A spending bill rider that has protected state medical cannabis programs from federal intervention since 2014 would expire, while the Justice Department and prosecutors would generally remain operational.
That’s because the Department of Justice has a contingency plan in place in the event of a government shutdown, and it exempts many employees, including U.S. attorneys and those who work for the Drug Enforcement Administration (DEA), from furlough.
“Criminal litigation will continue without interruption as an activity essential to the safety of human life and the protection of property,” the Justice Department explains in its contingency plan. U.S. attorneys are protected because they’re presidentially appointed and “are needed to address ongoing criminal matters and civil matters of urgency throughout the nation.”
“All agents in DEA field organizations are excepted from furlough because they support active counternarcotics investigations,” the document says.
The so-called Rohrabacher-Farr amendment would not be exempted, though. The legislation—which bars the Justice Department from using federal funds to interfere with state medical cannabis laws—is part of the the Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. While five out of the 12 annual appropriation bills for Fiscal Year 2019 have already been signed into law by the president, the CJS bill is yet to receive House of Senate floor votes.
Typically, the deadline to get appropriations passed is the end of the preceding fiscal year, September 30. But rather than hold a vote or allow federal departments to lose funding, lawmakers have passed a series of continuing resolutions this year, providing temporary funding and pushing back the deadline. The most recent two-week continuing resolution passed on December 7, so the new deadline is December 21.
It lawmakers don’t pass, or President Trump doesn’t sign, either a full-year or temporary extension of funding by then, the medical cannabis rider will expire, but federal drug enforcement capabilities will not. And that would leave medical marijuana patients and the businesses that serve them in a dicey position.
Similar concerns about the prospect of federal marijuana enforcement have been repeatedly raised under the Trump administration. In January, things seemed especially precarious, as the president’s threat of a government shutdown came weeks after then-Attorney General Jeff Sessions rescinded an Obama-era memo that provided guidance on federal cannabis enforcement practices.
That decision stoked fears that a shutdown would empower the Justice Department to act on the attorney general’s vehement opposition to marijuana reform. But after fewer than three days, a continuing resolution passed and state-legal marijuana activities continued unimpeded.
This time around, as the deadline approaches, the Justice Department head is Acting Attorney General Matthew Whitaker, who had served as Sessions’s chief of staff. Whitaker has said he sympathizes with medical cannabis patients, but he’s also criticized the Obama administration for its marijuana enforcement policies.
There’s no telling at this point whether Whitaker, the DEA or federal prosecutors would take advantage of broad exemptions from furlough and crack down on legal medical marijuana states in the event of a shutdown. But as always, the possibility puts the cannabis industry is an uncomfortable position.
Photo courtesy of Gage Skidmore.
Lawmakers From Both Parties Celebrate Hemp Legalization In The Farm Bill
Members of Congress on both sides of the aisle are celebrating a hemp legalization provision that made it into the final version of the 2018 Farm Bill.
Perhaps no one is more pleased than Senate Majority Mitch McConnell (R-KY), who fought for the provision over months of debate on the wide-ranging agriculture legislation. He even signed the conference report finalizing the bill language with a hemp pen on Monday.
In opening remarks from the Senate floor on Tuesday, McConnell said the inclusion of hemp legalization is “a victory for farmers and consumers throughout our country.” It builds on the progress of the hemp pilot program he helped put in the 2014 Farm Bill, the results of which he said “have been nothing short of extraordinary.”
— Leader McConnell (@senatemajldr) December 11, 2018
“Now American-grown hemp can be found in your food, in your clothes and even in your car dashboard,” he said. “The results mean jobs, economic growth and new opportunity.”
“At a time when farm income is down and growers are struggling, industrial hemp is a bright spot of agriculture’s future.”
Sen. Ron Wyden (D-OR) helped McConnell secure hemp legalization in the agriculture legislation and said “the outrageous and outdated ban on growing hemp has hamstrung farmers in Oregon and across the country” in a press release Tuesday.
The passage of this provision is a huge win for Oregon farmers and rural communities across the country that have been hamstrung by archaic laws, and unable to pursue the opportunities for economic growth this industry has to offer.
— Ron Wyden (@RonWyden) December 11, 2018
“Hemp products are made in America, sold in America, and consumed in America,” Wyden said. “Now, hemp will be able to be legally grown in America, to the economic benefit of consumers and farmers in Oregon and nationwide.”
Fellow Oregon lawmaker Rep. Suzanne Bonamici (D-OR) also cheered the “good news” that the provision made the cut.
— Suzanne Bonamici (@RepBonamici) December 11, 2018
Sen. Michael Bennet (D-CO) touted hemp legalization in a tweet Tuesday.
This bipartisan #FarmBill will legalize hemp, conserve land and water, combat climate change & bolster economic security in rural communities. The finish line is in sight. Now Congress needs to do what’s right for Colorado & send this bill to @POTUS' desk by the end of the year. https://t.co/3fzUs1nEwb
— Michael Bennet (@SenBennetCO) December 11, 2018
“The finish line is in sight,” Bennet wrote. “Now Congress needs to do what’s right for Colorado & send this bill to [President Trump’s] desk by the end of the year.”
Sen. Mark Warner (D-VA) celebrated the hemp provisions as well.
I’m proud to support this bipartisan legislation that finally puts an end to a ban that has held back our farmers from participating in the emerging industrial hemp market, an industry that will help bring new business to Virginia and create new jobs.
— Mark Warner (@MarkWarner) December 11, 2018
As did Sen. Cory Gardner (R-CO).
My provisions provide farmers & ranchers relief from drought using technology to better implement dry-land farming practices, provides resources to combat deadly diseases wiping out hop fields, & makes industrial hemp legal so CO farmers can use their land how they see fit.
— Cory Gardner (@SenCoryGardner) December 11, 2018
Lawmakers are hoping to put the Farm Bill to a full House and Senate vote and deliver the legislation to the president this week. McConnell said on Tuesday that members of Congress should be prepared to work through the holiday break to make sure this and other bills, including criminal justice reform and legislation to fund parts of the federal government for Fiscal Year 2019, are seen all the way through.
Via YouTube/Senate Majority Leader Mitch McConnell.