When we originally posted this article on January 7, three states had made the ballot with marijuana voter initiatives that, if passed, would legalize recreational or medical use. They are: New Jersey and South (both rec) and Misssissippi (med).
A number of other states had their eye on the prize as well. Arizona, Arkansas, Florida, Idaho, Kentucky Ohio, Missouri, Montana, Nebraska, North Dakota and South Carolina were all in the midst of petition drives to get marijuana measures on the November ballot.
With most states shut down due to the spread of the coronavirus in March and April, it's been virtually impossible to gather the necessary signatures in each state. That's the first step in getting an initiatve on the ballot.
In Montana, the legalization group New Approach Montana has sued Secretary of State Corey Stapleton and the State of Montana to to allow electronic signature gathering and extend the deadline from June 13 to August 3. The state responded by asking the court to toss the case.
An early decrim state, Mississippi has lagged behind most of tha nation when it comes to medical marijuana, except for a CBD law passed in 2014. That can all change with passage of Measure 65, the Mississippi Medical Marijuana Amendment, which has been approved for the ballot.
The ballot summary reads:
Initiative Measure No. 65 proposes to amend the Mississippi Constitution to allow qualified patients with debilitating medical conditions, as certified by Mississippi licensed physicians, to use medical marijuana. This amendment would allow medical marijuana to be provided only by licensed treatment centers. The Mississippi State Department of Health would regulate and enforce the provisions of this amendment.
In lieu of the state legislature failing to pass a legalization measure last year, the lawmakers decided to leave it up to the people. The ballot question reads:
Do you approve amending the Constitution to legalize a controlled form of marijuana called "cannabis"?
Only adults at least 21 years of age could use cannabis. The State commission created to oversee the State’s medical cannabis program would also oversee the new personal use cannabis market.
Cannabis products would be subject to the State sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.
If the vote fails, the legislature will not be able to consider the marijuana legalization for another three years.
This is surprising since South Dakota is one of the three states in the country without any sort of legalization, medical, decrim or CBD laws, yet a local organization, South Dakotans for Better Marijuana Laws, succeeded in getting adult-use measure Amendment A on the ballot.
The ballot summary reads:
This constitutional amendment legalizes the possession, use, transport and distribution of marijuana and marijuana paraphernalia by people age 21 and older. Individuals may possess or distribute one ounce or less of marijuana. Marijuana plants and marijuana produced from those plants may also be possessed under certain conditions.
The amendment authorizes the State Department of Revenue ("Department") to issue marijuana-related licenses for commercial cultivators and manufacturers, testing facilities, wholesalers, and retailers. Local governments may regulate or ban the establishment of licensees within their jurisdictions.
The Department must enact rules to implement and enforce this amendment. The amendment requires the Legislature to pass laws regarding medical use of marijuana. The amendment does not legalize hemp; it requires the Legislature to pass laws regulating the cultivation, processing, and sale of hemp.
The amendment imposes a 15% tax on marijuana sales. The tax revenue will be used for the Department's costs incurred in implementing this amendment, with remaining revenue equally divided between the support of public schools and the State general fund.
Judicial clarification of the amendment may be necessary. The amendment legalizes some substances that are considered felony controlled substances under current State law. Marijuana remains illegal under Federal law.
Ballot Initiative History Lesson
From 1972-2018, there have been 46 statewide marijuana ballot intiatives. The first to win was Prop 215 in California (med) in 1996. Over the years, 60% of the votes were victorious (28 won, 18 lost). The last state to succeed was Michigan (rec) in 2018.