The marijuana election has already started. While Election Day on November 3 is still weeks away, several states where cannabis and drug policy reform measures are on the ballot have options to vote early, either in-person or by mail.
This year will be especially interesting, as legalizing cannabis for recreational or medical use isn’t the only drug reform topic that voters will decide on.
In a historic first, Oregon will get the chance to legalize psilocybin for therapeutic purposes and decriminalize all currently illicit drugs. Washington, D.C. voters have a chance to decriminalize certain psychedelics in the nation’s capital. And five more states could legalize marijuana for medical or recreational purposes.
The coronavirus pandemic has cast a spotlight on mail-in and early in-person voting, as more voters may be weary of standing in lines and potentially risking exposure. For those interested in taking advantage of these alternative options, here’s a guide with the key dates to remember, including deadlines for voter registration:
What’s on the ballot? An initiative to legalize marijuana for adult use. Under the measure, adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.
A poll released earlier this month showed a slim majority of Arizonans (51 percent) favor the proposal.
When does in-person early voting start? October 7
When are mail-in ballots sent out? October 7-10
What’s the voter registration deadline? October 5
What’s on the ballot? Two measures to legalize medical cannabis. But voting for this isn’t quite so simple.
After the activist-led initiative qualified, the legislature approved an alternative proposal that will appear alongside it. Advocates say this was a deliberate attempt to confuse people, split the vote and prevent the state from implementing a medical marijuana system.
When does in-person early voting start? Mississippi doesn’t provide for early in-person voting
When are mail-in ballots sent out? September 24
What’s the voter registration deadline? October 5
What’s on the ballot? A statutory measure to legalize marijuana for adult use and a separate constitutional amendment stipulating that only those 21 and older could access the market. If approved by voters, adults would be able to possess up to an ounce of cannabis and cultivate up to four plants and four seedlings at home.
When does in-person early voting start? October 5 (in select counties)
When are mail-in ballots sent out? October 9
What’s the voter registration deadline? November 3
What’s on the ballot? A referendum to legalize recreational cannabis. When the legislature failed to advance legalization legislation, they opted to place the issue before voters. If the measure is approved on Election Day, lawmakers will then have to pass implementing legislation containing details for how the legal cannabis market will work.
A poll released last month showed that 66 percent of likely voters in New Jersey support the measure.
When does in-person early voting start? September 19 (in select counties)
When are mail-in ballots sent out? September 19
What’s the voter registration deadline? October 13
What’s on the ballot? Four local initiatives to decriminalize marijuana possession. Voters in Adena, Glouster, Jacksonville and Trimble will each see the reform measures on their ballots. If approved, they’ll join 18 other Ohio municipalities that have already enacted measures to lower penalties for misdemeanor cannabis possession in recent years.
When does in-person early voting start? October 6
When are mail-in ballots sent out? October 6
What’s the voter registration deadline? October 5
What’s on the ballot? A measure to legalize psilocybin mushrooms for therapeutic purposes and a separate initiative to decriminalize possession of all currently illicit drugs while investing in substance misuse treatment.
Under the psilocybin measure, adults would be able to access the psychedelic in a medically supervised environment. There aren’t any limitations on the types of conditions that would make a patient eligible for the treatment.
The decriminalization initiative would remove criminal penalties for low-level drug possession offenses. It would also use existing tax revenue from marijuana sales, which voters legalized in 2014, to fund expanded substance misuse treatment programs.
When does in-person early voting start? Oregon does not provide for early in-person voting
When are mail-in ballots sent out? October 14
What’s the voter registration deadline? October 13
What’s on the ballot? A proposal legalize marijuana for adult use and a separate measure to legalize medical cannabis. If approved by voters, the constitutional adult-use amendment would allow people 21 and older to possess and distribute up to one ounce of marijuana, and they would also be allowed to cultivate up to three plants.
The statutory medical cannabis measure would allow patients suffering from debilitating medical conditions to possess and purchase up to three ounces of marijuana from a licensed dispensary.
According to a poll recently released by opponents of the policy change, about 60 percent of voters support the broader reform proposal and more than 70 percent back the narrower medical-focused initiative.
When does in-person early voting start? September 18
When are mail-in ballots sent out? September 18
What’s the voter registration deadline? October 19
What’s on the ballot? An initiative to decriminalize a wide range of psychedelics such as psilocybin, ayahuasca and ibogaine. It would make enforcement of laws against entheogenic substances among the lowest local law enforcement priorities in the nation’s capital city.
According to a recent poll, three-in-five voters in the district favor the measure.
When does in-person early voting start? October 27
When are mail-in ballots sent out? It’s not clear when D.C. will mail out ballots.
What’s the voter registration deadline? November 3
Drug policy reform advocates faced unprecedented challenges qualifying these measures for the ballot amid the coronavirus pandemic, with multiple other campaigns throwing in the towel due to complications resulting from social distancing and shelter-in-place requirements. Their message to voters where reform made the cut is clear: pay attention to deadlines, read ballot instructions carefully and take advantage of the opportunity to choose from multiple voting options.
“We’re seeing a range of responses from supporters of marijuana reform,” Matthew Schweich, deputy director of the Marijuana Policy Project, told Marijuana Moment. “Some voters are relieved that they can securely vote using an absentee ballot or by voting early, while others are excited to go to the polls on Election Day.”
“The campaigns are working to accommodate all preferences. We’re answering questions from voters and assisting with navigating the absentee and early voting processes in each state,” he said. “Now more than ever, informing voters about the election process is crucial.”
Justin Strekal, political director of NORML, told Marijuana Moment that “if you care about legalization, then you have to vote, period.”
“Whether or not a marijuana initiative is on the ballot, the legislatures are,” he said. “You can find where your candidates stand at vote.norml.org.”
Photo courtesy of Democracy Chronicles.
State And Local Marijuana Regulators Demand Congress Prioritize Federal Legalization Bill
A coalition of state and local marijuana regulators sent a letter to House leadership on Wednesday, demanding that they prioritize a marijuana legalization bill that’s expected to get a floor vote following the election.
The letter, which is being supported by the Drug Policy Alliance (DPA), says that regulators “need comprehensive support in their individual and collective efforts to more responsibly and equitably manage challenges and develop solutions associated with cannabis and cannabis policy.”
They said the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act represents a solution, and they urged legislators to vote in favor of it when it comes up for a vote.
Enacting the reform “would ensure that the federal government is a partner to state and municipal regulators both in our collective responsibility to serve our community through the reform of failed cannabis policies and in our collective responsibility to recognize and correct injustices,” they wrote, adding that criminalization has created “widespread” harms that disproportionately impact communities of color.
🚨BREAKING🚨 @DrugPolicyOrg Joins State & Municipal Cannabis Regulators in Calling on Congress to Prioritize Federal Marijuana Reform by Passing #MOREAct 📢 FULL QUOTE from @DPA_ONA Dir. @MaritzaCPerez IN THREAD 👇 https://t.co/NPXrZ6LLK6
— Matt Sutton (@MattSuttonEP) October 21, 2020
“As such, our attempts to eliminate these harms must be systemic and comprehensive and will require collective leadership at every level of government and collaboration amongst both the public and private sectors in order to achieve outcomes by centering equity in cannabis policy development, reform and implementation,” they wrote.
Nine regulators from Los Angeles, Oakland, Portland, Sacramento, San Francisco, Massachusetts and Illinois signed the letter.
“For those of us who manage state and municipal cannabis policies, and for those individuals who have been and continue to be impacted by cannabis policy, the need for comprehensive federal reform is clear and urgent,” the letter states. “Existing federal prohibition policies are antithetical to our collective responsibility to promote policies that are based in science, compassion and harm reduction.”
Leadership initially signaled that a floor vote on the MORE Act would happen in September, but following pushback from certain centrist Democrats who worried about the optics of advancing marijuana reform before another coronavirus relief package, it was postponed until after the election.
Majority Leader Steny Hoyer (D-MD) subsequently made a commitment that the body would bring up the bill sometime “later this autumn.” While advocates were disappointed by the delay, they’re confident the MORE Act will clear the chamber with some bipartisan support when it’s ultimately scheduled for action.
Rep. Don Young (R-AK) said last month that he was “confident” it would pass the House.
Rep. Matt Gaetz (R-FL), the sole GOP cosponsor on the bill, also said that he would be voting “yes” on the MORE Act, though he expressed criticism about a provision that would impose a federal excise tax on marijuana sales to be reinvested in communities most impacted by the drug war, calling them “reparations.”
Rep. Tom McClintock (R-CA) said “I intend to vote yes on the bill” in an interview with Politico.
McClintock, along with Gaetz, voted for the MORE Act when it was marked up by the Judiciary Committee last year.
“These regulators know first-hand the complications of regulating a substance that remains illegal at the federal level and the harms imposed as a result on communities of color and low-income people,” Maritza Perez, director of national affairs at DPA, said in a press release. “They also understand that creating a safe and equitable industry, which the MORE Act does, provides a historic opportunity to begin repairing the extensive damage prohibition has caused over the last 50 years.”
Prior to the vote’s postponement, DPA and more than 120 other civil rights and drug policy reform groups such as the ACLU and NAACP sent a letter to House leadership emphasizing the need to pass the MORE Act to promote social justice.
Read the latest letter from the regulators on cannabis reform below:
Photo courtesy of Brian Shamblen.
Key New Jersey Senate Committee Cancels Marijuana Legalization Hearing On Implementing Referendum
A New Jersey Senate committee announced on Wednesday that it would be taking public testimony on Thursday about how to implement marijuana legalization if voters approve the reform referendum next month—but the panel canceled the event later in the day.
While the legislature decided to leave adult-use legalization up to voters as a ballot measure, legislators must still develop regulations to enact the system—and the temporarily scheduled hearing appeared to be a first step in that process.
The Senate Judiciary Committee was set to “receive public testimony concerning the legislative implementation of Public Question No. 1 on the General Election ballot, which, if approved, would legalize cannabis for personal, non-medical use by adults age 21 years or older,” a notice stated. “Public Question No. 1 would also create a legalized cannabis marketplace overseen by the State’s Cannabis Regulatory Commission.”
Sen. Nicholas Scutari (D), who chairs the committee and previously introduced a legalization bill that did not advance to a floor vote, said earlier this month that he’s been working in recent weeks with the governor’s office and legislative leaders to finalize a detailed enabling bill to implement legal market regulations.
He said the measure, which could be enacted as soon as the first week of November, would look similar to a bill he previously introduced, though he wants to add a retroactive provision to end cannabis-related prosecutions for pending cases.
“This is something about social justice. This is an economic opportunity for New Jersey,” the senator said at the time. “We can be the first state in the Northeast—absent Massachusetts, but in our economic area—to move forward and I want to be a leader in this.”
A staffer with the Office of Legislative Services told Marijuana Moment in an email that “the public hearing scheduled for October, 22, 2020 at 9:30 am has been canceled” and said it was “unknown” if the event will be rescheduled.
In any case, if polling is any indication, it appears that voters are poised to pass the cannabis referendum on their ballots next month.
A survey released on Tuesday found that that 65 percent of New Jersey voters are in favor of the marijuana referendum. Just 29 percent are opposed to the policy change and six percent remain undecided.
The results are statistically consistent with three prior polls from the same firm, as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released last week by Stockton University showed three to one support for legalizing cannabis among New Jersey voters.
For his part, Gov. Phil Murphy (D) has been actively campaigning in favor of the referendum, participating in fundraisers and ads to encourage voters to approve it.
For example, the governor recorded a video that was released by NJ CAN 2020 earlier this month, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.
The governor similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.
“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”
Murphy also recently called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.
He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.
The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”
NJ CAN 2020, one of two campaign committees working to pass the cannabis referendum, released a series of English- and Spanish-language video ads last week, after having published one prior ad. Meanwhile, campaign finance records compiled show that legal marijuana supporters are out-raising opponents by a ratio of nearly 130:1.
In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.
This story was updated to reflect the hearing’s cancellation.
Photo courtesy of Mike Latimer.
Virginia Bill To Ban Police Searches Based On Marijuana Smell Gets Governor-Suggested Changes
The governor of Virginia suggested changes on Wednesday to bills that would stop police from searching people or seizing property based solely on the smell of marijuana.
Thankfully for cannabis reform advocates, Gov. Ralph Northam (D) isn’t asking lawmakers to amend the marijuana odor provisions of the broader proposal to reform policies for law enforcement searches. Instead, according to a press release sent by his office, he is suggesting an unrelated change to ensure police “can initiate a traffic stop when an individual is driving at night without the use of both headlights and/or without the use of both break lights.”
The House and Senate will now consider the amendment, thought it’s not clear when they will do so. If the governor’s proposal is adopted by lawmakers without changes, the legislation will be formally enacted without needing his signature. Otherwise, it will come back to his desk for action.
Northam’s move comes one week after he signed separate legislation that will allow people issued summonses for cannabis offenses under the state’s new decriminalization law to prepay their civil penalty rather than having show up in court.
Together, when enacted, the two new reforms will build upon the measure to decriminalize cannabis that the governor signed earlier this year, which makes it so possession of up to one ounce of cannabis is punishable by a $25 fine with no threat of jail time and no criminal record.
Under the new search-focused legislation, if enacted, “no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding,” according to a summary.
“Eliminating non-essential interactions based on marijuana odor between law enforcement and otherwise law-abiding citizens is an important step forward for criminal justice reform in Virginia,”Jenn Michelle Pedini, NORML’s development director and the executive director of Virginia NORML, told Marijuana Moment. “However, it is only by legalizing the responsible use of cannabis by adults that the Commonwealth can end its failed experiment with prohibition and begin repairing the decades of damage done to its communities and citizens.”
The Virginia legislature has been especially active on cannabis reform this year. But that said, lawmakers have not been able to reach an agreement during the special session on legislation to provide expungements for prior marijuana convictions that had appeared destined for Northam’s desk after passing either chamber in differing forms.
Under the House-passed measure, eligible convictions would have been automatically expunged after a period of eight years. The Senate’s version, meanwhile, would have allowed people to petition to have their records cleared after a period of five years. The House bill covered more drug crimes, as well.
A conference committee of lawmakers from both chambers was appointed and tasked with ironing out the differences, but the negotiators couldn’t reach a deal by the time the special session’s agenda wrapped up last week.
During the state’s regular legislative session earlier this year, the governor and legislators also expanded Virginia’s limited medical cannabis program in addition to enacting the decriminalization law.
All of these incremental changes come as legislators continue to pursue a broader adult-use legalization plan in the Commonwealth that would include a system of regulated and taxed sales and production.
The decriminalization bill that passed contains a provision that calls for the establishment of a working group to study and make recommendations about adult-use marijuana legalization. That panel is expected to issue its report to the legislature at the end of November.
Meanwhile, the Joint Legislative Audit and Review Committee is doing its own analysis on ending cannabis prohibition and will similarly report on its findings before the end of the year.
A bill to legalize marijuana possession was filed for the special session by a delegate running to replace the term-limited Northam in 2021, but it did not advance out of the committee to which it was referred.
Photo courtesy of Martin Alonso.