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!
With Election Day less than three weeks away we’re excited to share with you the latest polling information from states with pending marijuana related ballot initiatives, as well as breaking news from another state that may be setting the stage for full legalization next year. A summary of this year’s crop of marijuana-centric ballot initiatives is available online here.
NORML is also pleased to announce that next week we will be releasing our first ever, Governors Report Card. Inspired by our Congressional Scorecard, this report will provide a letter grade for the Governors of all 50 states. Which Governors have been supportive of reforms and which ones have stood in the way of progress? We’ll give your Governor a grade so you know exactly where your Governor stands. If you aren’t yet subscribed to our Newsletter, sign up today so you can be the first to receive the Governors Scorecard in your inbox!
Now, keep reading below to get the latest in marijuana law reform!
Arizona: Half of Arizona voters intend to vote ‘yes’ in favor of Proposition 205: The Arizona Legalization and Regulation of Marijuana Act, according to an Arizona Republic/Morrison/Cronkite News poll. Forty percent of voters oppose the initiative. The Act allows adults age 21 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) and provides regulations for a retail cannabis marketplace.
Delaware: A September poll by the University of Delaware shows that 61 percent of residents surveyed support marijuana legalization. The survey, conducted by Princeton Survey Research Associates International on Sept. 16-28, consisted of 900 phone interviews. Last year Delaware decriminalized the possession of small amounts of marijuana, reclassifying the possession of up to one ounce of cannabis by those age 21 and over from a criminal misdemeanor, punishable by up to six months in jail and a criminal record, to a civil violation punishable by a $100 fine only — no arrest, and no criminal record.
Last week, the state’s Senate majority whip said that she would propose a bill in January to legalize marijuana for adult use in the state. We’ll have an #ActionAlert out soon so you can #TakeAction in support of this legislation.
Florida: According to an October poll by the University of North Florida, 77 percent of respondents said they’ll vote for Amendment 2, which would expand medical marijuana access in the state. Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. Under Florida law, 60 percent of voters must approve a constitutional amendment in order for it to become law. In November 2014, Floridians narrowly rejected a similar amendment, which received 58 percent of the vote.
Massachusetts: According to a WBUR poll released this week, support for marijuana legalization is rising. Fifty-five percent of likely voters now say they favor allowing adults to use recreational marijuana, an increase of five percentage points from a similar poll performed last month. Question 4 permits adults to possess up to 10 ounces of cannabis and to grow up to six plants for non-commercial purposes. The measure also establishes regulations overseeing the commercial production and sale of the plant.
Members of the Nashville metro council and the Memphis city council have given final approval to municipal legislation providing police the discretion to cite rather than arrest minor marijuana offenders.
Nashville city council members voted 35 to 3 in late September in favor of the new ordinance. It provides police the option of issuing $50 citations for those who possess up to a half-ounce of marijuana. By contrast, under state law, the possession of small amounts of cannabis is classified as a criminal misdemeanor, punishable by up to one year in jail and a criminal record.
The legislation now awaits action from the city’s mayor, who has pledged to sign the ordinance into law.
Members of the Memphis city council decided this week in favor of a similar measure by a 7 to 6 vote. For the better part of the past year, members of Memphis NORML have spent their time lobbying members of the Memphis city council in support of the policy change. However, the director of the Memphis Police Department remains opposed to the proposal and has indicated that he may instruct his officers to not immediately comply with the new ordinance.
A Republican state lawmaker has threatened to limit funding to the two Tennessee cities if they enact the ordinances into law.