The Secretary of State’s office has confirmed that initiative proponents, The Campaign to Regulate Marijuana Like Alcohol, submitted a sufficient number of signatures from registered voters to qualify the measure for the November ballot.
Question 4, The Regulation and Taxation of Marijuana Act, permits adults to possess (up to ten ounces) and to cultivate (up to six plants) personal use quantities of cannabis and establishes licensing for its commercial production and retail sale. Commercial for-profit sales of cannabis will be subject to taxation, while non-commercial exchanges of marijuana will not be taxed.
State voters have previously approved ballot measures decriminalizing marijuana possession penalties and legalizing the use and dispensing of medicinal cannabis.
Voters in Arizona, California, Maine, and Nevada will also decide on adult use measures this November. Voters in Arkansas, Florida, Missouri, and Montana will decide on medical use initiatives this fall.
A summary of 2016 statewide ballot measures is online here.
We’ve said it before and we’ll say it again: 2016 is set to be a monumental year for marijuana law reform. There are currently nine pending ballot initiatives to either legalize adult marijuana use or to legalize the use of medical marijuana for qualifying medical conditions. The country could double the number of states that allow the recreational use of marijuana and could potentially expand the therapeutic benefits of marijuana use to millions of Americans come November.
Find below a summary of each of these pending initiatives, links to the campaign websites and to the initiative texts so you can be an informed voter this November. (A Michigan social use initiative effort is in litigation and is not included in the summary below.)
Name: Arizona Regulation and Taxation of Marijuana Act
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: The Campaign to Regulate Marijuana Like Alcohol (Marijuana Policy Project)
Website: Regulate Marijuana Like Alcohol • Initiative Language
Summary: 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; 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.
Name: The 2016 Arkansas Medical Cannabis Act
Ballot Number: N/A
Proponents: Arkansans for Compassionate Care
Website: The Arkansas Medical Cannabis Act • Initiative Language
Summary: The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.
Name: Adult Use of Marijuana Act
Ballot Number: Proposition 64
Proponents: Let’s Get It Right CA
Website: Yes on Prop 64 • Initiative Language
Summary: Passage of the measure 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.” The AUMA is endorsed by the ACLU of California, the California Democratic Party, the California Medical Association, California Lt. Gov. Gavin Newsom, the California NAACP, the Drug Policy Alliance, Students for Sensible Drug Policy, and NORML. Sixty percent of likely California voters say that they intend to vote for the initiative this fall, according to a February 2016 Probolsky Research poll.
Name: Use of Marijuana For Debilitating Conditions
Ballot Number: Amendment 2
Proponents: United For Care
Website: United For Care • Initiative Language
Summary: Passage of the amendment would permit qualified patients to possess and obtain cannabis from state-licensed facilities. According to a recent statewide poll, 68 percent of Florida voters say that they support the passage of the amendment. According to 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.
Name: Marijuana Legalization Act
Ballot Number: Question 1
Proponents: Campaign to Regulate Marijuana Like Alcohol
Website: Regulate Maine • Initiative Language
Summary: If enacted by voters in November, the measure 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.
Name: Marijuana Legalization Initiative
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: The Campaign to Regulate Marijuana Like Alcohol in Massachusetts
Website: Regulate Marijuana Like Alcohol • Initiative Language
Summary: The initiative 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, which mimics the current in-residence allowance established by the Massachusetts Department of Public Health for medical marijuana patients. It allows adults 21 years of age and older to grow up to six marijuana plants in an enclosed, locked space within their residences and possess the marijuana produced by those plants in the location where it was grown.
Name: New Approach Missouri
Ballot Number: N/A — signatures awaiting verification from the Secretary of State’s office
Proponents: New Approach Missouri
Website: New Approach Missouri • Initiative Language
Summary: The initiative creates a statewide system for production and sale of medical cannabis and medical cannabis products. It also provides for limited and regulated patient cultivation. The initiative levies a four percent retail tax, and all revenue in excess of the cost of regulating the medical cannabis program will go to help Missouri’s veterans. The initiative maintains the current prohibition on public use and driving under the influence. It also allows the Department of Health and Senior Services to institute a seed-to-sale tracking system to ensure that the product and money do not reach the illicit market. The initiative puts the Missouri Department of Health and Senior Services in charge of licensing and implementation, but also allows the department to contract with other state agencies when necessary for effective and efficient regulation. Sixty-two percent of registered voters voice support for the measure, according to survey data compiled by Public Policy Polling.
Name: Montana Medical Marijuana Initiative
Ballot Number: I-182
Proponents: Montana Citizens for I-182
Website: YesOn182 • Initiative Language
Summary: I-182 repeals the limit of three patients for each licensed provider, and allows 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.
Name: Nevada Marijuana Legalization Initiative
Ballot Number: Question 2
Proponents: Coalition to Regulate Marijuana Like Alcohol in Nevada
Website: Regulate Marijuana Like Alcohol in Nevada • Initiative Language
Summary: The ballot language permits 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.”
Adult use legalization initiatives in Arizona, California and Massachusetts are moving forward and Illinois has expanded its medical marijuana program. Keep reading to get the latest news and to find out how you can #TakeAction.
On Wednesday, July 13th the US Senate Judiciary Subcommittee on Crime and Terrorism is holding a hearing titled, “Researching the Potential Medical Benefits and Risks of Marijuana.” The Congressional hearing follows the recent introduction of House Bill 5549 and Senate Bill 3077 – which would expedite the federal review process for clinical protocols involving cannabis. Contact your federal lawmakers today to encourage them to support this common sense legislation. #TakeAction
Arkansas: The Secretary of State’s office affirmed on Thursday that proponents, Arkansans for Compassionate Care, submitted sufficient signatures from registered voters to qualify the measure for the November ballot. The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a ‘hardship certificate’ in order to cultivate their own medicine at home. A similar initiative narrowly failed in the state in 2012, garnering over 48 percent of the vote.
California: It was announced this week that the Adult Use of Marijuana Act (AUMA) initiative will appear on the ballot as Proposition 64. This pending proposal, if approved by the voters, will permit adults to legally cultivate up to six marijuana plants and to possess up to an ounce of marijuana or eight grams of marijuana concentrates; and it will license the commercial cultivation and retail sales of marijuana products to adults. The measure prohibits localities from preventing responsible adults from possessing and cultivating cannabis for non-commercial purposes in the privacy of their own homes. The initiative language specifies that it is not intended to “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” You can read more about the proposal here.
Georgia: Members of the Clarkston City Council voted this week in to approve an ordinance reducing the penalties for simple possession of an ounce or less of marijuana. The amendment makes simple possession a citable rather than an arrestable offense, punishable by a $75 fine. Mario Williams, Public Safety Committee chairman said, “It is a proven fact that arresting people … for simple possession of an ounce or less of marijuana has damaging effects long-term and short-term on their lives and that’s why we took a step forward and mitigated those effects today.”
Illinois: Governor Bruce Rauner signed legislation to expand and extend the state’s medical marijuana program to 2020. Legislation initiating the program was set to expire in 2018. Other changes to the program include adding post-traumatic stress and any terminal illness as qualifying medical conditions; extending the lifespan of state-issued registry cards from one year to three years in duration; and amending the requirement that physicians must explicitly recommend cannabis therapy. Instead, physicians will only be required to certify that there exists a bona fide doctor-patient relationship and that the patient possesses a qualifying, debilitating medical condition.
These new changes in law took effect upon the Governor’s signature.
Massachusetts: Proponents of a statewide marijuana legalization initiative effort moved one step closer this week to qualifying for the ballot in November. On Tuesday the Campaign to Regulate Marijuana Like Alcohol turned in more than 25,000 additional signatures from registered voters to the Secretary of State’s office. The state required an additional 10,792 signatures. Proponents this week also gained a legal victory from the state’s Supreme Court, which rejected a challenge that sought to remove the language from the state’s ballot.
Pennsylvania: Members of the Harrisburg City Council this week voted unanimously in favor of a municipal ordinance to reduce penalties associated with the possession of small amounts of marijuana. The measure reclassifies cannabis possession as a summary offense punishable by a $5 fine. Pennsylvania’s capital city now joins Philadelphia and Pittsburgh in treating minor marijuana possession offenses similar to a traffic citation.
California: NORML is opposing pending legislation in the Senate that seeks to impose retail sales taxes on the purchase of medical cannabis. Senate Bill 987 imposes a special 15 percent statewide tax upon medical marijuana sales, in addition to the imposition of existing state and local taxes.
While NORML generally does not oppose the imposition of fair and reasonable sales taxes on the commercial sales of cannabis for recreational purposes, we do not support such excessive taxation on medical sales. Laws enacted by the legislature last year to regulate medical marijuana explicitly did not include additional taxation, and lawmakers should not try to impose such taxes now.
The legislation is scheduled to be considered by members of the Governance and Finance Committee on April 6th. If you live in California, please #TakeAction and contact your lawmakers to urge them to reject this unnecessary measure!
Connecticut: Members of the House Public Health Committee have approved legislation to allow qualified patients under 18 years old to use medical marijuana to treat their debilitating illnesses. Patients who’ve met the necessary requirements would need the consent of a parent or guardian to receive the drug. Presently, Connecticut is the only medical marijuana state that explicitly prohibits use by minors.
Also, on Tuesday, April 5, Reps. Toni Walker and Juan Candelaria will hold an informational hearing on the merits of legalizing the adult use of marijuana. The hearing is open to the public and will take place at 10:00AM in hearing room 2E of the Legislative Office Bldg, 300 Capitol Ave, Hartford, CT 06106.
Florida: Governor Rick Scott signed legislation, House Bill 307, into law to permit medical marijuana access to people diagnosed with terminal illnesses. House Bill 307 expands the state’s so-called ‘Right to Try Act’ – legislation that permits terminally ill patients to experiment with non-FDA approved remedies – to include the use of medicinal cannabis. Under the new law, which takes immediate effect, qualifying patients are eligible to access both low-THC and high-THC strains of cannabis. The measure also seeks to expand a 2014 state law intended to provide low-THC varieties of cannabis to patients with pediatric epilepsy, chronic muscle spasms, or cancer. However, this law is not yet operational.
Illinois: Senate bill 2228, legislation to decriminalize the possession of personal use quantities of marijuana, was approved by members of the Senate Criminal Law Committee. If passed, Senate Bill 2228 would amend state law so that the possession of up to ten grams of marijuana is no longer classified as a criminal offense. Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1500. Under the proposal, offenders would instead be issued a civil citation and have to pay a fine of $100 to $200. The marijuana would be confiscated at the time of offense. The bill also amends the state’s zero tolerance per se traffic safety law.
The legislation is anticipated to be voted on by the full Senate in early April. You can #TakeAction to contact your state Senator and urge their support for this legislation!
Maine: House lawmakers voted ‘ought not to pass’ on legislation, LD 1628, to impose presumptive impairment standards in cases where low levels of THC is detected in the blood. NORML is actively opposing this measure, which states that the detection of 5 ng/ml or more of THC in a driver’s blood “gives rise to a permissible inference … that [a] person is under the influence of intoxicants.” NORML would like to thank those House lawmakers that recognized this legislation as an unscientific and disproportionate response to behavior that is already sufficiently addressed by present traffic safety laws.
Massachusetts: Legislation to regulate the cultivation and promotion of industrial hemp received attention this week when lawmakers hosted celebrity Tim Gunn at the Massachusetts State House so he could express his support for regulating the crop. If passed, the measure would establish policies and procedures to allow for the commercial cultivation of industrial hemp if/when federal law permits such activity. You can #TakeAction and contact your state lawmakers to urge their support for this common sense legislation.
New York: New York legalized medical marijuana in 2014, however the law is one of the most restrictive in the country. Lawmakers have introduced 11 separate bills this session to expand the program and significantly increase access to those patients who so desperately need it. To read more about these pending measures and to contact your lawmakers to urge their support, #TakeAction.
Ohio: On Thursday, the Ohio Ballot Board certified an initiative to establish a comprehensive medical marijuana program in the state. Proponents of the initiative must now collect 305,591 required signatures by early July in order to qualify it for the ballot. You can read the full text of the initiative here.
Oregon: Governor Kate Brown signed legislation, Senate Bill 1511, allowing adults 21 and older to immediately become eligible to purchase marijuana extracts and marijuana infused edibles from Oregon dispensaries. In 2014, residents in Oregon voted to legalize the adult use and retail sale of herbal marijuana. Senate Bill 1511 legally permits adults to also purchase limited quantities of cannabis-infused products, such as edibles and extracts.
Vermont: The House of Representatives continues to weigh Senate Bill 241, legislation to regulate the adult use, production, and sale of cannabis. Multiple House committees have held hearings in recent dyas to consider public testimony on the subject while Gov. Peter Shumlin has publicly reaffirmed his support for the measure. In an interview released this week with TIME, Governor Shumlin discussed the merits of marijuana legalization and described the reform as something “enlightened states” do. You can read the full interview here.
Washington: House and Senate lawmakers voted 131 to 6 to override Governor Jay Inslee’s veto of Senate Bill 6206, which establishes limited licensed hemp production. The Governor had previously vetoed the bill, along with several others, in response to lawmakers’ failure to pass a comprehensive budget plan. Senate Bill 6206 authorizes “the growing of industrial hemp as a legal agricultural activity” in accordance with federal legislation permitting such activity as part of a state-authorized program.
Don’t forget to buy your Early Bird tickets for our 2016 Congressional Lobby Day that is taking place May 23rd and 24th! The schedule will be released soon but rest easy it will be a full two day itinerary focused around marijuana consumerism, the 114th Congress, post prohibition concerns, marijuana in the media and more! We’ll hold our informational conference on Monday with moderated discussions between some of the most influential thought leaders in the movement and then on Tuesday we’ll #TakeAction and gather on Capitol Hill to lobby our elected officials for common sense marijuana law reforms.
We’ll also be hosting a NORML Social at O St. Mansion on Monday night for a special award ceremony to honor our most valuable marijuana activists! If you wish to join the party don’t forget to purchase a separate ticket at checkout.
The new year marks a fresh slate and new beginnings for many and here at NORML it’s no different. The year 2016 is going to be monumental for marijuana law reform and we’re already starting to see an influx of marijuana law reform legislation being introduced around the country. In the coming days and weeks we’ll see a significant increase in the number of marijuana related activity so be sure to stay up to date on what YOU can do to help pass these reforms in your own communities.
This week we’ve seen bills introduced in Georgia, Indiana, and Virginia plus some exciting news in Massachusetts, Washington D.C., New York and Vermont. Keep reading below to find out what the latest is!
Georgia: Senate Bill 254 seeks to amend the state criminal code so that no marijuana possession offense may any longer be classified as a felony. Under current law, any marijuana possession offense involving more than one ounce of cannabis is classified as a felony offense, punishable by one year (mandatory) to up to ten years in prison and a $10,000 fine. Passage of SB 254 would reduce these offenses to misdemeanors. According to an analysis of arrest data by the ACLU, Georgia ranks sixth out of all US jurisdictions in total annual marijuana possession arrests and ninth in per capita possession arrests. To support SB 254, click here.
House bill 722 seeks to amend state law to permit for the state-licensed cultivation of cannabis for medical purposes.
Under a 2015 law, qualifying patients are permitted to possess 20 ounces of infused cannabis oils containing not more than 5 percent THC and a equal or greater amount of CBD. However, the law provides no legal supply source for these products and, as a result, has failed to meet the needs of patients. House bill 722 would rectify this situation and impose other improvements, such as patient protection from job discrimination. To learn more about this measure, click here.
The measure, sponsored by Democrat Sen. Karen Tallian, will permit qualified patients — including patients with arthritis, migraine, PTSD, and seizures — to engage in cannabis therapy. Twenty-three states and the District of Columbia have enacted statewide provisions allowing patients access to cannabis therapy. Indiana patients deserve these same protections.
Massachusetts: Just a reminder that The Cannabis Regulation and Taxation Act of 2016 will be the subject of a hearing NEXT Wednesday, January 13, before the Judiciary Committee. This is your chance to speak before your lawmakers in support of legalization!
The Act would regulate the commercial cultivation and retail sale of marijuana to adults over the age of 21. It also permits the home cultivation.
For more information on next week’s legislative hearing, click here.
New York: Medical marijuana dispensaries opened Thursday in the Empire state. To date, only eight of out of the state’s allotted 20 dispensaries are operational; they’re located in Manhattan, Westchester County, Kingston, Albany, two in Buffalo and two in the Finger Lakes region.
Though the dispensaries are now be open to patients, due to the law’s unnecessary strict regulations only 51 patients in the state have qualified for access so far. Furthermore, the law only allows for non smokable forms of marijuana restricting access to capsules, liquids or oils — restrictions that NORML opposes and that unnecessarily limit patients choices..
So far, about 150 doctors in New York have registered to be part of the program.
Vermont: Governor Peter Shumlin made his annual state of the union speech yesterday and called upon lawmakers to pass pending legislation to legalize and regulate the use of marijuana by adults in the state.
The Governor said, “I will work with you to craft the right bill that thoughtfully and carefully eliminates the era of prohibition that is currently failing us so miserably. I believe we have the capacity to take this next step and get marijuana legalization done right the Vermont way. Let’s do it together.”
Vermont has long been considered a state that could be the first to legalize recreational marijuana legislatively.
To contact your lawmakers and urge their support for legalization click here.
Virginia: Senator Adam Ebbin (D-Alexandria) has reintroduced legislation to decriminalize marijuana possession offenses.
Senate bill 104 eliminates criminal penalties for marijuana possession offenses, replacing them with civil fine-only penalties — no arrest and no criminal record.
Presently, Virginia ranks among the top ten states in annual marijuana possession arrests. In fact, the number of Virginians arrested for violating the state’s marijuana possession laws increased 76 percent between the years 2003 and 2014, at a time when arrests for similar violations were falling nationwide. Clearly there is a need for reform in the Old Dominion state. To this end, the Virginia chapters of NORML will be holding their State Lobby day to lobby the General Assembly in Richmond on January 14th at 8:30 a.m. Advocates from around the state will meet with legislators in support of SB 104.
Washington DC: When marijuana possession was legalized in DC via voter initiative in 2014, Mayor Muriel Bowser quickly asked the City Council to bar marijuana smoking at nightclubs, private clubs and virtually any other businesses licensed by the city. But on Tuesday the subject was revisited when City Council voted to legalize the smoking of marijuana at certain rooftop bars and sidewalk cafes, where cigarette smoking is currently permitted, and in private clubs. However, 30 minutes later, reversed itself, extending the current ban for an additional 90 days.
The flip flop was again the result of Mayor Bowser’s influence. The City Council has to take permanent action on this soon so we’ll be meeting with the Mayor’s office in the coming weeks to ensure a public use provision is considered with accompanying regulations and provisions for responsible use.
Additional information for these and other pending legislative measures may be found at our #TakeAction Center!
** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and to make the changes they want to see. Get active; get NORML!