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Voters Across The U.S. Will Decide On Marijuana And Psychedelics Ballot Measures Next Month

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Marijuana and psychedelics are on the ballot at the local and state level across the U.S. next month.

It might be an off-year election, but advocates and lawmakers have been hard at work pushing to get everything from local cannabis decriminalization to psychedelics reform on their ballots this cycle. That’s not to say that legalization activists necessarily support all the measures that will go before voters on November 2.

As congressional lawmakers fight to end federal marijuana prohibition and advocates continue to build support for psychedelics reform, there are numerous proposals that voters in states like Colorado, Michigan, Ohio and Pennsylvania will decide on next month. And in Virginia, although cannabis technically isn’t on the ballot, the fate of the recently enacted legalization law is.

Here’s a rundown of the drug policy measures and relevant elections that will appear on the November ballot: 

Colorado

The state was among the first to enact adult-use marijuana legalization. And while officials have consistently touted how cannabis tax revenue is supporting schools and other programs, some education advocates see additional opportunities.

The Learning Enrichment and Academic Progress (LEAP) program initiative, would raise cannabis taxes to fund programs that are designed to reduce the education gap for low-income students. The proposal, if approved, would give low- and middle-income families a $1,500 stipend to have school-aged children participate in after-school programs, tutoring and summer learning activities.

To pay for it, the state excise tax on sales adult-use cannabis products would be increased from 15 percent to 20 percent.

Supporters say this policy is especially needed as a response to the coronavirus pandemic, which has exacerbated income-related learning gaps for students.

But some marijuana industry stakeholders—and even the state’s largest teachers union—have expressed concerns about the proposal. Some cannabis advocates have have argued that the hike in marijuana taxes would detract from social equity efforts.

Meanwhile, Denver voters will decide on a local proposal to increase the city’s marijuana tax by 1.5 percent to fund pandemic-related research.

The extra local funds raised by the Denver measure would be used for research into “advanced technologies to protect the public from the spread of pandemic pathogens, including at schools, businesses, and hospitals.” The studies will also look into “pandemic preparedness and recovery, including urban, economic, and school planning.”

Detroit, Michigan

Cities across the U.S. have enacted policies to deprioritize enforcement of laws against certain psychedelics like psilocybin and ayahuasca. Detroit could be one of the next to follow suit.

Detroit activists successfully placed a measure on next month’s local ballot that would similarly decriminalize psychedelics.

At the same time that local advocates are pursuing reform, a pair of state senators introduced a bill last month to legalize the possession, cultivation and delivery of an array of plant- and fungus-derived psychedelics like psilocybin and mescaline. If voters in the state’s most populous city approve the local measure, it could make state lawmakers take a more serious look at broader reform.


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Ohio Municipalities

In Ohio, voters in more than a dozen municipalities will decide on local ballot measures to decriminalize marijuana next month.

The initiatives will go before voters in Brookside, Dillonvale, Laurelville, Martins Ferry, McArthur, Morristown, Mount Pleasant, Murray City, New Lexington, New Straitsville, Powhatan Point, Rayland, Tiltonsville and Yorkville.

As it stands, 22 jurisdictions across the state have already adopted local statues effectively decriminalizing cannabis possession, some of which have been passed by voter initiatives while others were adopted by city councils.

Now, activists have succeeded in collecting enough signatures to qualify cannabis proposals for the November ballot to reduce the local punishment for low-level marijuana possession to the “lowest penalty allowed by state law,” which is zero days in jail and a fine of zero dollars.

In McArthur, which will vote on cannabis decriminalization next month, the police department seems less than enthused about the reform, posting and then deleting a press release that warned of a societal “downhill tumble” that could come if voters approve the measure.

Separately, Ohio activists have also recently been cleared to begin signature gathering for a 2022 statewide ballot initiative to legalize cannabis. Meanwhile, a pair of Republican lawmakers announced a new bill to legalize marijuana this week. Advocates hope that as voters make their voices heard by passing reform measures in a growing number of local jurisdictions, pressure will build for statewide legalization.

Philadelphia, Pennsylvania

The Philadelphia City Council has placed a referendum on the local November ballot urging the state to enact legalization. The hope is that the local vote could further motivate the legislature to move ahead with legalization.

The measure stipulates that “the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes.”

The local push comes amid a whirlwind of reform efforts taking place statewide in the legislature.

A much-anticipated bipartisan Senate bill to legalize marijuana in the state that has been months in the making was formally introduced last week, for example. Separately last week, a Democratic representative announced his intent to file a reform bill that he’ll be working on with a Republican senator who expressed his support for the policy change a day earlier. A third pair of state lawmakers also recently unveiled a legalization bill they’re proposing.

While the Philadelphia referendum would not make any immediate changes to the law if approved by voters in the state’s most populous city, it would add pressure on state legislators to act on the growing number of bills that are being filed.

Virginia

Virginia advocates are closely following next month’s election, in which voters will decide who becomes the next governor and which part controls the state House of Delegates. While the legislature legalized adult-use cannabis earlier this year—and possession and limited home cultivation were made legal immediately in July—the incoming governor and state legislators will play a key role in implementing the commercial cannabis market in the months to come.

Under the final deal agreed to by lawmakers last session, nearly all of the legal cannabis sales provisions of the law are subject to reenactment by the legislature in the 2022 session. Depending on who voters choose as governor, and which party ends up controlling the legislature during the election, the new government could drastically roll back planned reforms or undo them completely.

As such, advocates are urging voters to get to the polls next month to elect politicians who will effectively support the cannabis legalization policy.

While marijuana isn’t technically on the ballot—at one point the state Senate included language in a legalization bill that would have allowed voters to directly weigh in on the policy change with a referendum, though that didn’t make it into the final legislation—legalization’s fate is very much at stake, advocates say.

The most consequential race on the marijuana front is the contest for governor. NORML has given the race’s Democratic candidate, former Gov. Terry McAuliffe, an A grade, noting his public statements calling for legalization. The Republican candidate, Glenn Youngkin, a private equity executive, has a D grade from the group, which notes Youngkin supports only limited cannabis decriminalization—though his campaign has stressed that he doesn’t plan to overturn legalization if elected.

The incoming governor would have the opportunity to veto or make amendments to any marijuana bills that reach his desk. A hostile governor could torpedo legalization completely, and it’s unlikely Democrats, even if they do maintain their current slim legislative majority, could muster the supermajority of votes needed to override any veto from Youngkin.

Other races on Virginia’s ballot next month could also be consequential, and the question of legalization has become a wedge issue between Democratic and Republican candidates despite bipartisan support among voters.

Other Jurisdictions

As is the case in almost every election now, voters in a number of municipalities within states that have legalized recreational or medical marijuana will decide on local measures concerning whether and how to allow or tax cannabis businesses.

Officials in several New York municipalities, for example, have moved to opt out of allowing recreational marijuana dispensaries and/or on-site consumption areas by the December 31 deadline laid out in the state’s legalization law that was enacted earlier this year. Voters in at least nine cities, towns and villages will have the opportunity to weigh in directly on the issue next month, according to a tracker compiled by Cannasigliere, LLC.

Looking ahead to 2022, activists are also hard at work trying to get drug policy reform on the ballot.

South Dakota’s secretary of state on Tuesday gave activists approval to launch a signature gathering drive to put a marijuana legalization initiative on the state’s 2022 ballot.

Last week, Oklahoma activists filed a pair of 2022 ballot initiatives to legalize adult-use marijuana and remodel the state’s existing medical cannabis program.

Nebraska marijuana activists have begun petitioning for a pair of complementary initiatives to legalize medical cannabis that they hope to place on the state’s 2022 ballot.

Ohio activists have cleared a final hurdle to begin collecting signatures for a 2022 ballot initiative to legalize marijuana in the state.

Florida activists recently filed a ballot measure to legalize marijuana for adult use.

New Hampshire lawmakers are pursuing a new strategy to legalize marijuana in the state that involves putting a proposed constitutional amendment on the ballot for voters to decide on in 2022.

Lawmakers in Maryland are also crafting legislation to place a marijuana legalization referendum on the 2022 ballot after the House speaker called for the move.

Missouri voters may see a multiple marijuana initiatives on the state’s ballot next year, with a new group filing an adult-use legalization proposal that could compete with separate reform measures that are already in the works.

Arkansas advocates are collecting signatures to place adult-use marijuana legalization on the ballot.

Activists in Idaho are working to advance separate measures to legalize possession of recreational marijuana and to create a system of legal medical cannabis sales. State officials recently cleared activists to begin collecting signatures for a revised initiative to legalize possession of marijuana that they hope to place before voters on the 2022 ballot. Meanwhile, a separate campaign to legalize medical cannabis in the state is also underway, with advocates actively collecting signatures to qualify that measure for next year’s ballot.

After a House-passed bill to legalize marijuana in North Dakota was rejected by the Senate in March, some senators hatched a plan to advance the issue by referring it to voters on the 2022 ballot. While their resolution advanced through a key committee, the full Senate blocked it. However, activists with the group North Dakota Cannabis Caucus are collecting signatures to qualify a constitutional amendment to legalize cannabis for the 2022 ballot.

Wyoming’s attorney general recently issued ballot summaries for proposed initiatives to legalize medical marijuana and decriminalize cannabis possession, freeing up activists to collect signatures to qualify for the 2022 ballot.

And it’s not just marijuana measures that reform activists are seeking to qualify for state ballots next year. A California campaign was recently cleared to begin collecting signatures for an initiative to legalize psilocybin. And advocates in Washington State have announced plans to put a proposal to decriminalize all drug before voters.

Republican Ohio Lawmakers Announce Marijuana Legalization Bill, Reflecting Recent Bipartisan Shift On Issue

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Bipartisan Lawmakers Push VA To Allow Medical Marijuana Access For Veterans ‘As Soon As Possible’

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The U.S. Department of Veterans Affairs (VA) must urgently institute a policy change to ensure that military veterans can access cannabis for therapeutic use, a bipartisan coalition of congressional lawmakers said in a new letter.

Writing to VA Secretary Denis McDonough on Wednesday, the co-chairs of the Congressional Cannabis Caucus urged the official to consider “a change in policy to allow access to medical cannabis fro VA patients” and to “act swiftly and implement this change as soon as possible.”

The lawmakers pointed to surveys showing high rates of opioid addiction and post-traumatic stress disorder (PTSD) among the veteran community.

“Research has shown that cannabis can be safe and effective in targeted pain-management. Additionally, cannabis has proven benefits in managing PTSD and other health issues, including multiple sclerosis (MS) and seizure disorders,” the letter states. “Despite its efficacy, antiquated bureaucratic red-tape continues to deny veterans these life-altering treatments.”

“Congress and several administrations have enacted various well-intentioned intervention attempts, however, over twenty veterans continue to die by suicide each day—it is past time we stop barring access from these innovative therapies. We therefore respectfully urge you to ensure no veteran can be denied medically prescribed cannabis treatments.”

The letter comes weeks after McDonough participated in a Veterans Day Q&A where he said that VA officials are “looking at” the possibility of an internal policy change and have discussed it with the White House and Department of Justice. The secretary also talked about being personally moved by stories from veterans who’ve found relief using medical marijuana.

“We’re trying to explore what more we can do,” he said at the time. “And I’ve talked to our friends in the rest of the federal government, including the Department of Justice, on what we can do on this, and with the White House.”

The Congressional Cannabis Caucus co-chairs—Reps. Earl Blumenauer (D-OR), David Joyce (R-OH), Barbara Lee (D-CA) and Don Young (R-AK)—want McDonough to speed up the policy change process.

“America’s veterans have risked life and limb to preserve our freedoms, so we must not allow the unnecessary politicization of medical cannabis to hinder their lifesaving therapies,” they wrote. “We stand ready to work with you and your administration in advancing these necessary treatments.”

While congressional lawmakers are working to advance legislation to end marijuana prohibition, McDonough’s department has resisted even modest proposals meant to promote veteran access and clinical research into the medical value of cannabis.

One such research bill was approved by the House Veterans Affairs Committee earlier this month, despite testimony from the department opposing the reform. VA’s David Carroll told lawmakers that the legislation was overly prescriptive and argued that the department is already conducting robust research into marijuana.

Some had held out hope that VA would back the reform this session after the sponsor, Rep. Lou Correa (D-CA), said that he’d had a conversation with McDonough about the issue of marijuana and veterans.

On the Senate side, a coalition of lawmakers recently filed an amendment to the National Defense Authorization Act (NDAA) that would federally legalize medical cannabis for military veterans who comply with a state program where they live. VA doctors would also be explicitly allowed to issue marijuana recommendations.

Read the letter to the VA secretary on marijuana access below: 

Click to access caucus-letter-to-va-secretary-december-2021.pdf

Biden Treasury Secretary Says ‘Of Course’ Marijuana Banking Would Make IRS’s Job Easier

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Biden Treasury Secretary Says ‘Of Course’ Marijuana Banking Would Make IRS’s Job Easier

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The secretary of the U.S. Treasury Department said on Wednesday that freeing up banks to work with state-legal marijuana businesses would “of course” make the Internal Revenue Service’s (IRS) job of collecting taxes easier.

At a hearing before the House Financial Services Committee, Rep. Ed Perlmutter (D-CO) referenced recent comments from an IRS official about the “special type of collection challenge the IRS undertakes regarding tax collection from cannabis-related businesses forced to operate in cash only.”

“Do you agree if these business were simply allowed to access the banking system and didn’t have to transact business only in cash it would make the IRS job easier?” Perlmutter asked Secretary Janet Yellen.

“Yes, of course it would,” she replied matter-of-factly.

The congressman also talked about his bill—the Secure and Fair Enforcement (SAFE) Banking Act—which has passed the House in some form five times now and would resolve the issue by protecting financial institutions that service state-legal cannabis businesses.

Numerous financial, labor and insurance associations, as well as key lawmakers, are pushing the Senate to attach the measure to must-pass defense spending legislation, as the House already has. Bipartisan members of the Senate Armed Services Committee, as well as senators representing Colorado, made the same request in recent letters.

While Yellen’s response was quick, it’s yet another example of a federal official recognizing the untenability of the status quo.

Steven Mnuchin, the Treasury secretary under the Trump administration, repeatedly addressed the issue, saying the current policy conflict creates “significant problems” for IRS and financial regulators. It “creates significant risk in the communities for collecting this amount of cash. It’s problematic,” he said last year.

IRS, for its part, said in September that it expects the cannabis market to continue to grow, and it offered some tips to businesses on staying compliant with taxes while the plant remains federally prohibited.

With respect to the SAFE Banking Act, a bipartisan coalition of two dozen governors recently implored congressional leaders to finally enact marijuana banking reform through the large-scale defense legislation.

A group of small marijuana business owners also recently made the case that the incremental banking policy change could actually help support social equity efforts.

Rodney Hood, a board member of the National Credit Union Administration, wrote in a recent Marijuana Moment op-ed that legalization is an inevitability—and it makes the most sense for government agencies to get ahead of the policy change to resolve banking complications now.

Federal data shows that many financial institutions remain hesitant to take on cannabis companies as clients, however, which is likely due to the fact that the plant is a strictly controlled substance under federal law.

Texas Activists Turn In Signatures To Put Marijuana Decriminalization On Austin’s 2022 Ballot

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Texas Activists Turn In Signatures To Put Marijuana Decriminalization On Austin’s 2022 Ballot

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Texas activists on Wednesday turned in signatures to place a marijuana decriminalization initiative on Austin’s 2022 ballot.

Ground Game Texas, a progressive organization that was established earlier this year, submitted more than 30,000 signatures to qualify the local measure to go before voters in the May 7 election next year.

While Austin, as well as other Texas cities like Dallas, have already independently enacted law enforcement policy changes aimed at reducing arrests for cannabis-related offenses by issuing citations and summons, the Austin Freedom Act of 2021 would take the reform a step further.

The initiative seeks to end arrests and citations for misdemeanor marijuana possession within Texas’s capital city. Also, it says police cannot issue citations for residue or paraphernalia in lieu of a possession charge.

“Thanks to the tireless efforts of on-the-ground organizers from Ground Game Texas and partner organizations, Austin residents will soon have the ability to make lasting change to our antiquated and racist criminal justice laws,” Mike Siegel, political director of Ground Game Texas, said in a press release. “With successful campaigns like these, Ground Game Texas will continue to empower and excite communities around progressive change—and deliver for the marginalized communities that too often get left behind.”

The measure would further prohibit the use of city funds to request or test cannabis to determine whether it meets the state’s definition of a lawful product. Hemp is legal in the state, creating complications for law enforcement, as they are now tasked with determining if seized cannabis products are in compliance with state statute.

Under the initiative, the execution of no-knock warrants would also be prohibited in the city—a policy that generated significant national attention last year after it led to Kentucky officers entering Breonna Taylor’s apartment and fatally shooting her in a botched drug raid.

Activists were joined by Austin City Council members Greg Casar and Vanessa Fuentes for Wednesday’s signature turn in.

Game Ground Texas previously attempted to place the measure on this year’s ballot, but they did not meet the signature turn-in deadline and shifted their attention to 2022.

While the measure is now set to appear on the May ballot, it’s also possible that the Austin City Council could independently move to adopt the ordinance prior to the election.

“Austinites continue to work towards reducing the decades of negative impacts prohibition has caused by any means available,” Jax Finkel, executive director of Texas NORML, told Marijuana Moment.  “During the interim, local actions like this create pressure for more action during the next legislative session. With a majority of Texans supporting the creation of a regulated cannabis market, it is important to continue pushing this conversation forward.”

Elsewhere in the state, activists in San Marcos launched a campaign in September to put marijuana decriminalization on the November ballot next year.

Ground Game Texas told Marijuana Moment on Wednesday that it is also planning to place a cannabis decriminalization measure before voters in Killeen next fall.

There is no statewide, citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

A recent poll found that a strong majority of Texans—including most Republicans—support even broader reform to legalize marijuana for adult use.

The survey from the University of Houston and Texas Southern University found that 67 percent of Texas residents back the broad reform. Fifty-one percent of participants who identified as Republican said they back legalization.

In Texas, drug policy reform did advance in the legislature in the latest session, but not necessarily at the pace that advocates had hoped to see.

A bill to expand the state’s medical cannabis program and another to require a study into the therapeutic potential of certain psychedelics for military veterans were enacted.

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

The Texas Republican Party adopted a platform plank endorsing decriminalization of marijuana possession in 2018.

Another Texas poll that was released over the summer found that 60 percent of voters in the state support making cannabis legal “for any use.”

Jamaican Government Launches ‘Good Ganja Sense’ Campaign To Debunk Marijuana Myths

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