Cannabis and 2020 Elections
This year kicked off with two additional states allowing recreational cannabis sales: Michigan legalized sales on Dec. 1 2019, and Illinois began legalized sales on Jan. 1. Now, several states are putting recreational and/or medical cannabis on their November ballots.
Arizona
The “Smart and Safe Arizona Act,” which received enough signatures to appear on the 2020 ballot, faced a legal challenge that led up to the Arizona Supreme Court. The court rejected the challenge and the initiative is set to appear on the ballot in November.
The Smart and Safe Act would legal possession up to an ounce of cannabis for people 21 and older.
Mississippi
Medical marijuana will appear on the ballot under two measures proposed as constitutional amendments. The first, Initiative 65, is on the ballot through a citizen-driven signature petition. Initiative 65 would create a list of qualifying debilitating medical conditions and allow medical marijuana patients to possess up to 2.5 ounces at one time. Cannabis sales would be taxed at 7% under the measure. Final rules and regulations would have to be adopted by the Mississippi Department of Health no later than July 1, 2021.
A second measure, Alternative 65a, introduced and approved by the state legislature has been added to the ballot as an alternative. Smoking marijuana would be limited to terminally ill patients while other marijuana products would be available to patients with serious conditions.
Montana
Two ballot measures address the legalization of recreational cannabis. The first makes limited amounts of marijuana legal for adults 21 years of age or older and regulates, controls, and taxes the commercial production and distribution of marijuana. A 20% excise tax would be established on all marijuana sold and the medical marijuana tax would be reduced to 1%.
The second ballot measure would amend the Montana Constitution to allow the legislature or the people by initiative to establish the legal age for purchasing, consuming, or possessing marijuana.
Nebraska
On Aug. 28 Secretary of State Bob Evnen announced that a sufficient number of valid signatures had been collected on petitions to put the medical marijuana initiative on the ballot.
Evnen notified the sponsors and other interested parties that the wording of the
ballot initiative was legally sufficient. Evnen reviewed the language of the initiative after receiving a request to withhold the initiative from ballot based on a claim of legal insufficiency.
“In determining that the language of the initiative is legally sufficient I did my best to follow the law, and I believe that I have done so,” Evnen said. Evnen said that he anticipates that his decision will be reviewed by the Nebraska Supreme Court. “Ultimately, the Supreme Court will decide whether I am correct, and I will comply with the decision of the Court,” Evnen said.
The state’s Supreme Court began hearing arguments in the case on Sept. 3.
New Jersey
After two failed attempts to gain enough votes, New Jersey will put a recreational cannabis referendum on the November 2020 ballot, leaving the decision up to voters. Last December, the New Jersey legislature voted to the question about legalizing cannabis on the ballot. The state’s Senate approved the move in a 24-16 vote and the state’s House voted 49-24. The proposed question must be approved by the state’s legislature before it can appear on the ballot.
Oklahoma
The “We are 788” group is currently working on collecting enough signatures to add State Question 812 to the state’s November ballot. The measure would add a new Article to the state’s constitution, decriminalizing several possession offenses and expunge criminal records related to those offenses.
South Dakota
The state will tackle both medical and recreational cannabis on its November ballot. Initiated Measure 26 would legalize the medical use of cannabis by qualifying patients, including minors. Cardholders may possess a minimum of three plants and possess 3 ounces of marijuana and additional amounts of marijuana products. The second measure, Constitutional Amendment A, would legalize, regulate and tax recreational cannabis use.
— Ana Olvera, managing editor