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These States Will Probably Vote On Marijuana In 2018

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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.)

MICHIGAN

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.

MISSOURI

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.

OKLAHOMA

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.

UTAH

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.

OTHER POSSIBILITIES

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.

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

Mitch McConnell Says Hemp Could Replace Tobacco And Argues That’s Why Voters Should Reelect Him

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Senate Majority Leader Mitch McConnell (R-KY) said on Thursday that his role in getting industrial hemp legalized is at “the top of the list” of reasons Kentuckians should reelect him next year.

He also said that hemp could essentially replace tobacco, historically a big cash crop for the state that could take a hit under new legislation he introduced to raise the age requirement for tobacco sales from 18 to 21 nationwide.

“How does my job as majority leader help you? Help Kentucky?” McConnell said at a press conference. “At the top of the list I would put hemp.”

Then he pivoted into a discussion of his tobacco legislation, saying that his proposal to deter young tobacco use “underscores the transition in our state from tobacco to something new.”

McConnell led a ten-year federal buyback program meant to compensate tobacco farmers, whose profitability has sunken. He said one factor that contributed to Kentucky’s high rates of tobacco use was industry loyalty, with farmers and other industry workers feeling loyal to the crop that earns them their living and, therefore, choosing to smoke it.

He made a similar point at an earlier press conference Thursday, arguing that the ubiquity of tobacco farms “only further enhanced the view that I ought to be using this product which provides my livelihood” and that “Kentucky agriculture is moving in a much different way with industrial hemp, which we hope to lead the nation in.”

“What comes next? Well, in the previous Farm Bill five years ago, I inserted a provision that allowed pilot projects—because remember hemp was considered a controlled substance under federal law going back to right after World War II so it was treated like this more controversial cousin that we’ve all heard of,” he said, referring to marijuana. “Some states are actually legalizing that, but that’s not what we’re involved in. We’re talking about industrial hemp.”

“The pilot projects showed that there was a good deal of interest in Kentucky, particularly among young farmers,” he said, adding that his success in getting the president to sign the 2018 version of the agriculture legislation that legalized hemp is “an example of how my being in the job I’m in benefits our state.”

McConnell, who also touted his hemp provision in his reelection launch video last week, boasted about how his position as majority leader gives him access and influence. He called the Senate Agriculture Committee chair and got him to include hemp legalization in the Farm Bill. Nobody in the committee tried to shoot it down. But, because the House Agriculture Committee didn’t include hemp legalization in their version, McConnell said he leveraged his power to get the proposal past the goal line and to the president’s desk.

“When you have two different versions, you have a conference to work out the differences before they go back to each house,” he said. “Who appoints the conferees? I do. Who did I appoint? Myself.”

The majority leader also requested that Rep. James Comer (R-KY) be appointed a House conferee, ensuring a smooth process that would kept hemp legalization intact.

“Nobody ever made an effort to take it out. The reason I make this point is there’s certain advantages to Kentucky having someone like me in this job because I allows us to punch above our weight,” he said. “My being in the position I’m in I think really helps Kentucky.”

Mitch McConnell Touts Hemp Legalization Achievement In Reelection Campaign Ad

Photo courtesy of WLKY.

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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Culture

Lots Of Politicians And Companies Are Tweeting About Marijuana On 4/20

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It’s 4/20 again, and that means another slew of tweets from politicians and mainstream brands looking to use the marijuana holiday as a hook to get their message out.

Here’s a roundup of some of the best, funniest, most important or otherwise notable cannabis-related tweets of the day…

Sen. Cory Booker (D-NJ), a presidential candidate:

Sen. Bernie Sanders (I-VT), a presidential candidate:

Sen. Kamala Harris (D-CA), a presidential candidate:

Sen. Kirsten Gillibrand (D-NY), a presidential candidate:

Rep. Tulsi Gabbard (D-HI), a presidential candidate:

Rep. Eric Swalwell (D-CA), a presidential candidate:

Former Rep. Beto O’Rourke (D-TX), a presidential candidate:

Former Sen. Mike Gravel (D-AK), a presidential candidate:

Washington State Gov. Jay Inslee (D), a presidential candidate:

Former San Antonio, Texas Mayor Julián Castro (D), a presidential candidate:

Democratic presidential candidate Andrew Yang:

Senate Minority Leader Chuck Schumer (D-NY):

House Committee on Small Business:

Congressional Black Caucus:

Sen. Jacky Rosen (D-NV):

Rep. Earl Blumenauer (D-OR):

Rep. Ilhan Omar (D-MN):

Rep. Barbara Lee (D-CA):

Rep. Ro Khanna (D-CA):

Rep. Charlie Crist (D-FL):

Rep. Steve Cohen (D-TN):

Rep. Deb Haaland (D-NM):

Pennsylvania Lt. Gov. John Fetterman (D):

Los Angeles, California City Council President Herb Wesson (D):

Cook County, Illinois State’s Attorney Kim Foxx (D):

The American Civil Liberties Union:

Ben & Jerry’s:

Denny’s:

Hidden Valley Ranch:

Carl’s Jr.:

Boston Market:

George Washington’s Mount Vernon:

Bill Maher:

Miley Cyrus:

311:

The Onion:

Ben & Jerry’s Stands Out From Companies Just Trying To Make Money From 4/20

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Politics

State-Legal Marijuana Use Makes Immigrants Morally Unfit for Citizenship, Trump Administration Warns

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A federal immigration agency clarified on Friday that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary—even in states where it’s legal—is an immoral offense that makes immigrants ineligible for citizenship.

When applying for naturalization, the process of gaining citizenship, individuals must have established “good moral character” in the five years preceding the application. Good moral character is a vague requirement that has been criticized by scholars and civil rights advocates, as assessing morality is arguably subjective.

According to the U.S. Citizenship and Immigration Services (USCIS), state-legal marijuana consumption renders individuals morally unfit for citizenship. The new policy clarification reflects a sentiment once expressed by former Attorney General Jeff Sessions, who said that “good people don’t smoke marijuana.”

The USCIS memo says that “violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing [good moral character] for naturalization even where the conduct would not be a violation of state law.”

Further, an applicant “who is involved in certain marijuana related activities may lack GMC if found to have violated federal law, even if such activity is not unlawful under applicable state or foreign laws,” the document says. The policy also applies to individuals who worked in the state-legal cannabis industry.

There have already been reports of people being denied citizenship due to their proximity to state-legal marijuana businesses. Earlier this month, Denver Mayor Michael Hancock hosted a group of immigrants who said their work in the state’s cannabis industry was being used as justification by federal officials to deny them citizenship.

“In Colorado, cannabis has been legal for 5 years. For work in a legal industry to be used against an individual trying to gain citizenship is a prime example of why we need to harmonize our state and federal laws to ensure that states like Colorado that have moved to legalize cannabis can act in our own authority to expand and regulate our cannabis industry,” Rep. Joe Neguse (D-CO), told Marijuana Moment in reaction to the Trump administration memo.

Legalization activists also criticized the move.

“The cruel treatment of immigrants for offenses related to something as minor as marijuana is illustrative of the way this administration has used the war on drugs to pursue communities of color,” Michael Collins, director of national affairs at the Drug Policy Alliance, told Marijuana Moment. “It also shows that pursuing a state by state approach to federal policy doesn’t work for these communities. Federal descheduling is essential.”

While the federal policy deeming marijuana use a violation of “good moral character” standards for immigration purposes was already on the books, it seems the spread of state-level cannabis legalization has prompted the agency, which is part of the Department of Homeland Security, to issue the clarification.

“A number of states and the District of Columbia (D.C.) have enacted laws permitting ‘medical’ or ‘recreational’ use of marijuana. Marijuana, however, remains classified as a ‘Schedule I’ controlled substance under the federal CSA,” the updated USCIS policy manual now reads. “Schedule I substances have no accepted medical use pursuant to the CSA. Classification of marijuana as a Schedule I controlled substance under federal law means that certain conduct involving marijuana, which is in violation of the CSA, continues to constitute a conditional bar to GMC for naturalization eligibility, even where such activity is not a criminal offense under state law.”

“Such an offense under federal law may include, but is not limited to, possession, manufacture or production, or distribution or dispensing of marijuana. For example, possession of marijuana for recreational or medical purposes or employment in the marijuana industry may constitute conduct that violates federal controlled substance laws. Depending on the specific facts of the case, these activities, whether established by a conviction or an admission by the applicant, may preclude a finding of GMC for the applicant during the statutory period. An admission must meet the long held requirements for a valid ‘admission’ of an offense. Note that even if an applicant does not have a conviction or make a valid admission to a marijuana-related offense, he or she may be unable to meet the burden of proof to show that he or she has not committed such an offense.”

The underlying policy does provide an exception for “a single offense of simple possession of 30 grams or less of marijuana.”

An additional update to the policy manual stipulates that the exception “is also applicable to paraphernalia offenses involving controlled substances as long as the paraphernalia offense is ‘related to’ simple possession of 30 grams or less of marijuana.”

That detail wasn’t included in an earlier 2014 version of the USCIS policy manual.

The policy alert is similar to an update the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued in 2017 when the federal gun purchase application form was revised to include a warning that the “use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside” and therefore disqualifies applicants.

But the USCIS clarification also reflects a recent ratcheting up of anti-immigration policy moves under the Trump administration.

Jason Ortiz, vice president of the Minority Cannabis Business Association, told Marijuana Moment that the new memo reflects a “callous and irrational decision” by the administration and “is a reminder that without comprehensive cannabis reform our communities of color will continue to be prosecuted and subject to deportation for activity that is legal for affluent communities around the country.”

“Proposals such as the STATES act which seek to simply ease the risk on business do not address these deeper issues related to federal prohibition,” he said. “Considering the devastating effects our war on drugs had on Latin America, immigration reform must be a necessary component of any comprehensive cannabis legalization policy.”

People Could Use Marijuana In Public Housing Under New Congressional Bill

This story has been updated to include comment from Neguse.

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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