According to the Associated Press, voters in Massachusetts have approved Question 4, legalizing the adult use of marijuana for adults. The AP’s final vote count is 54 to 46 percent.
“Massachusetts voters historically have embraced progressive marijuana policies, having previously voted twice to amend various elements of marijuana prohibition,” said NORML Deputy Director Paul Armentano. “It is hardly a surprise that they have done so again. Question 4 is a common sense alternative that comports with public and scientific consensus and that reflects marijuana’s rapidly changing cultural status.”
Question 4 permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce and/or up to 5 grams of concentrate; in addition, adults may legally possess up to ten ounces of marijuana flower in their home) while also licensing commercial cannabis production and retail sales. The law imposes a 3.75 percent excise tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses.
The new law takes effect on December 15, 2016. Regulators are scheduled to begin accepting applications from marijuana-related businesses on October 1, 2017. You can read the full text of Question 4 here.
“In the face of inaction from elected officials, voters in the Bay State sent a resounding message this evening that it is time to move away from our failed, racist policy of marijuana prohibition and towards a safer, regulated industry,” said Erik Altieri, NORML’s new Executive Director. “By legalizing the adult use of marijuana, Massachusetts will shrink the illicit black market, generate millions in tax revenue, end the arrest of otherwise law abiding citizens, and better enable society to keep marijuana out of the hands of children.”
According to the Associated Press, voters in California have approved Proposition 64, the Adult Use of Marijuana Act. The AP’s final vote count is 56 to 44 percent.
“What California voters did tonight was not just approve the legalization and regulation of marijuana in their state, they also delivered a near fatal body blow to federal prohibition. This victory in California ensures another 12% of the United States population will wake up tomorrow in a state with the legalized adult use of marijuana. Combined with our other recent victories, federal prohibition is truly on its last legs and it is just a matter of time before federal policy is reformed to accept this new reality.” said Erik Altieri, NORML’s new Executive Director.
Proposition 64, The Adult Use Marijuana Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. (Medical cannabis patients are not subject to these limits.) The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative does not “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” Several other marijuana-related activities not legalized by the measure are reduced from felonies to misdemeanors. The law also provides for resentencing consideration for those found guilty of prior marijuana convictions.
“California has long been the largest domestic producer of marijuana in the United States, and cannabis commerce has long been a driver of the world’s sixth largest economy,” said NORML Deputy Director Paul Armentano. “Passage of Prop. 64 brings this massive underground market above ground for the first time so that these activities may be regulated and transparent, and will generate over a billion dollars of needed new tax revenue to state and local governments.”
The revised marijuana penalties take effect on November 9, 2016. Retail sales of marijuana by state-licensed establishments are scheduled to begin under the law on January 1, 2018. On site consumption is permitted under the law in establishments licensed for such activity. Large-scale corporate players are restricted from becoming involved until 2023.
You can read the full text of the initiative here. Congratulations California!
According to the Associated Press, voters in Florida approved Amendment 2, an expansive medical marijuana law. The AP’s is reporting a final vote count of 71 percent to 29 percent. The Amendment required over 60 percent of the vote to become law.
“The overwhelming majority of Floridians, like voters nationwide, believe that patients ought to have the legal option to choose marijuana therapy as an alternative to conventional, and often dangerous, pharmaceuticals,” said NORML Deputy Director Paul Armentano. “With this historic vote, we can expect to see similar programs acknowledging the safety and efficacy of medical cannabis begin to take hold in the southeastern region of the United States.”
Amendment 2 amends the Florida state constitution so that qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Under the law, a “debilitating medical condition” for which marijuana may be recommended includes is defined as “cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.” The home cultivation of cannabis is not permitted under the law.
Existing Florida law restricted limited qualifying patients only to high CBD strains of cannabis, unless they were terminally ill.
Department of Health regulators must begin issuing patient identification cards within nine months of the new law’s enactment. You can read the full text of Amendment 2 here.
“With broad support across all demographics, voters in Florida approved Amendment 2 by a landslide,” said Erik Altieri, NORML’s new Executive Director. “These results are a victory, not just for common sense public policy, but for patients all across the state who will now have access to a safe, effective treatment for a number of debilitating ailments.”
In less than five days, nine states will be voting on marijuana related ballot proposals potentially doubling the number of states that allow the recreational use of marijuana and expanding the therapeutic benefits of marijuana use to millions of Americans. Here’s where these measures stand in the latest polls.
Arizona: According to an October Arizona Republic/Morrison/Cronkite poll, 50 percent of registered voters in Arizona favor Proposition 205 and 42 percent oppose it. The Regulation and Taxation of Marijuana Act allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana (up to one ounce of marijuana flower, up to five grams of marijuana concentrate, and/or the harvest from up to six plants); it creates a system in which licensed businesses can produce and sell marijuana; establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and provides local governments with the authority to regulate and limit marijuana businesses.
California: Arguably one of, if not the most important state this election to consider legalizing and regulating the adult use of marijuana is the golden state. Passage of the Proposition 64 would permit adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.”
According to recent October polling by Survey USA, 54 percent of likely voters support Proposition 64 and the measure “now appears positioned to become law.” For more information on the ballot proposal, please visit the AUMA website.
Florida: Voters in Florida are getting their second chance at passing an expansive medical marijuana law this election day. In 2014, 58 percent of voters approved Amendment 2, however because state law requires a super-majority (60 percent of the vote) for constitutional amendments to pass, the amendment was narrowly rejected. It looks like this election will have different results though, with 71 percent of Floridians saying they will vote ‘yes’ on Amendment 2 according to an October poll by Saint Leo University. Passage of Amendment 2 would permit qualified patients to possess and obtain cannabis from state-licensed facilities.
Maine: Hoping to bring legal recreational marijuana use for adults to the east coast, Maine is another exciting state to watch in the upcoming election. If enacted by voters in November, Question 1 or the Campaign to Regulate Marijuana Like Alcohol Act would allow adults to legally possess up to two and one-half ounces of marijuana and to cultivate marijuana (up to six mature plants and the entire yields of said plants) for their own personal use. The measure would also establish licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent sales tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.
Among likely voters, support for Question 1 leads by a margin of 50 percent to 41 percent, according to an October UNH Survey Center poll.
Montana: Voters in Montana are also faced with an important marijuana related ballot decision this election day with Initiative 182. I-182 expands the state’s medical cannabis law by repealing the limit of three patients for each licensed provider, and by allowing providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. I-182 removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state. However, the measure is presently trailing in the polls. According to an October poll, commissioned by Lee Newspapers, 44 percent of voters approve of the measure while 51 percent are against it.
Nevada: Nevadans will also be facing the decision on whether or not to legalize the adult use and regulation of marijuana on Tuesday. Question 2, if passed, would permit adults to possess and grow personal use quantities of cannabis (up to one ounce and/or six plants) for non-commercial purposes. The measure also regulates and taxes the commercial production and retail sale of cannabis. It states, “The People of the State of Nevada find and declare that the use of marijuana should be legal for persons 21 years of age or older, and its cultivation and sale should be regulated similar to other businesses.” According to an October poll commissioned by the Las Vegas Review-Journal, voters favor the measure by a margin of 47 percent to 43 percent.
Massachusetts voters appear poised to enact Question 4, which allows adults 21 years of age and older to possess up to one ounce of marijuana outside of their residences and up to 10 ounces of marijuana in an enclosed, locked space within their residences. A just-released Western New England University Polling Institute survey finds the measure leading 61 percent to 34 percent.
Recent polling from Arkansas finds voters narrowly approving Issue 6 to regulate the use of medicinal marijuana by qualified patients, while no current polling is available regarding the passage of a similar measure in North Dakota.
For a summary on all pending ballot proposals, as well as to see the latest videos from each of the campaigns, visit our Election 2016 page.
Do you have election night plans? If you want to follow all of the marijuana ballot proposals being voted on check back in with us on our homepage Tuesday evening where we will be LIVE updating the results as they come in! We’ve teamed up with our friends over at cannabisradio.com to stream their live election night coverage as well and we hope you’ll join us!
Age restrictions in legal marijuana states are effectively keeping cannabis out of the hands of minors, according to newly published data in the Journal of Studies of Alcohol and Drugs.
A team of investigators from California, Colorado, and New Mexico assessed whether licensed retail cannabis facilities would sell to pseudo-underage buyers who failed to show proof of age.
Authors reported, “Compliance with laws restricting marijuana sales to individuals age 21 years or older with a valid ID was extremely high and possibly higher than compliance with restrictions on alcohol sales.”
They concluded, “The retail market at present may not be a direct source of marijuana for underage individuals.”
Similar assessments of facilities in other jurisdictions have also shown that the overwhelming majority of marijuana retailers refuse sales to apparent minors.
A pair of studies published earlier this week from Columbia University researchers reported that changes in marijuana’s legal status are “not associated with higher prevalence rates of marijuana use among adolescents.”
An abstract of the study, “Pseudo-Underage Assessment of Compliance With Identification Regulations at Retail Marijuana Outlets in Colorado,” appears here.