Federalism issue marijuana
Please read this article (link below) and and discuss highlighted federalism problems of conflicts (federal
https://ballotpedia.org/Marijuana_laws_in_the_United_States
states vs local governments)associated with the legislation:
https://ballotpedia.org/Marijuana_laws_in_the_United_States
Marijuana laws in the United States
Affirmative action
Affirmative action by state
Affirmative action and anti-discrimination laws
Federal campaign finance laws and regulations
Nonprofit regulation
As of November 2020, 15 states and Washington, D.C., had legalized the possession and personal use of
marijuana for recreational purposes. Marijuana legalization has been the source of heated debate in recent years. At first, legalization efforts focused on the use of
marijuana for medical purposes
.
Proponents argue
that legalization of marijuana for recreational use will introduce safety and regulatory controls, making the drug safer for consumption. In addition, proponents argue that taxes associated with legal marijuana could provide a revenue boost for state and local governments.
Opponents point to concerns
about marijuana’s addictiveness and negative health impacts. Opponents also argue that marijuana can function as a gateway drug, leading users to seek out other more dangerous drugs. At the
federal level
, the cultivation, distribution, and use of marijuana have remained federal offenses.
[1]
HIGHLIGHTS
Recreational marijuana use was approved through ballot measures in 13 states and D.C.:
Washington
and
Colorado
in 2012; the
District of Columbia
,
Oregon
and
Alaska
in 2014;
California
,
Nevada
,
Maine
, and
Massachusetts
in 2016;
Michigan
in 2018;
Arizona
,
Montana
,
New Jersey
, and
South Dakota
in 2020.
[2]
Vermont was the first state to legalize recreational marijuana through an act of the legislature when
Gov. Phil Scott
(R) signed it into law on January 22, 2018. Illinois became the second such state on June 25, 2019, when Gov.
J.B. Pritzker
signed a legalization bill into law.
[3]
[4]
Of the 35 states (and Washington, D.C.) that had legalized or had approved the legalization of
medical marijuana as of November 2020, 20 legalized via
ballot measure
and 16 passed laws in their
legislative bodies
.
[5]
By 2019 population estimates,
33.9 percent of Americans lived in a state (or Washington, D.C.) with access to recreational marijuana;
68.7 percent had access to medical marijuana.
Overview
Recreational marijuana
As of November 2020, 15 states and Washington, D.C., had legalized marijuana for recreational purposes; 12 through statewide citizen initiatives, one through a legislatively referred constitutional amendment, and two through bills approved by state legislatures and signed by governors. An additional 15 states had decriminalized
recreational marijuana usage. In those states, recreational marijuana usage was illegal, violation typically results in a fine rather than arrest or jail time for first-time offenders.
[6]
Based on 2019 population estimates, 33.9 percent of Americans lived in a jurisdiction with access to recreational marijuana.
In 2012, Voters in
Colorado
and
Washington
became the first to legalize recreational marijuana when they did so through initiated measures. In a
subsequent Colorado measure
, voters enacted a statewide marijuana taxation system. The three ballot measures that passed in 2014 were
Oregon’s Measure 91
,
Alaska’s Measure 2
, and
the District of Columbia’s Initiative 71
. Voters in California, Maine, Massachusetts, and Nevada approved recreational marijuana legalization ballot measures in November 2016. The
Vermont State Legislature
approved a bill in mid-January 2018 to allow recreational marijuana, and
Gov. Phil Scott
(R) signed it into law on January 22, 2018. Gov. Scott vetoed a previous bill to legalize marijuana in May 2017. On June 25, 2019, Illinois Gov. J.B. Pritzker signed a bill into law legalizing the use and possession of recreational marijuana.
[3]
[7]
[8]
Measures legalizing recreational marijuana were approved at the November 2020 election in
Arizona
,
Montana
,
New Jersey
, and
South Dakota
. The measure in South Dakota was ruled unconstitutional on February 8, 2021, and the case was expected to be appealed to the state supreme court.
The map below details the legal status of recreational marijuana by state as of November 2020. States shaded in dark green had fully legalized recreational marijuana usage. In states shaded in light green, recreational marijuana usage was illegal, but decriminalized. The remaining states shaded in light gray had not legalized recreational marijuana.
The following table provides information about when and how recreational marijuana became legal in the District of Columbia and 15 states that have legalized recreational marijuana. The first column lists the jurisdiction. The second column provides the year recreational marijuana received a majority vote from either voters or legislators. The third column lists the process used to legalized recreational marijuana. As of November 2020, 13 states and the District of Columbia had legalized recreational marijuana through an initiative or other type of ballot measure. In two states—
Vermont
and
Illinois
—it was legalized through a bill passed by the legislature and signed by the governor. The final two columns apply only to states that legalized recreational marijuana through an initiative and lists the percentage vote totals received by that state’s measure legalizing recreational marijuana.
Timeline and process of recreational marijuana legalization
State
Year legalized
Process used
Vote
For
Against
Colorado
2012
Initiative
55.32%
45.68%
Washington
2012
Initiative
55.7%
44.3%
Alaska
2014
Initiative
53.23%
46.77%
Oregon
2014
Initiative
56.11%
43.89%
Washington, D.C.
2014
Initiative
70.06%
29.94%
California
2016
Initiative
57.13%
42.87%
Maine
2016
Initiative
50.26%
49.74%
Massachusetts
2016
Initiative
53.66%
46.34%
Nevada
2016
Initiative
54.47%
45.53%
Michigan
2018
Initiative
55.89%
44.11%
Vermont
2018
Legislation
N/A
N/A
Illinois
2019
Legislation
N/A
N/A
Arizona
2020
Initiative
59.81%
[9]
40.19%
[9]
Montana
2020
Initiative
56.72%
[9]
43.28%
[9]
New Jersey
2020
Referral
66.90%
[9]
33.10%
[9]
South Dakota
2020
Initiative
53.41%
[9]
46.59%
[9]
Medical marijuana
See also:
Medical marijuana
As of November 2020, 35 states and Washington, D.C., had passed laws legalizing or decriminalizing
medical marijuana. Additionally, 15 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.
[10]
In one state—
Idaho
—medical marijuana was illegal, but the use of a specific brand of
FDA
-approved CDB, Epidiolex, was legal. On the map below, states shaded in dark red had passed laws permitting the use of medical marijuana. The states in pink allowed for the use of CBD in some circumstances but did not allow medical marijuana. The states in yellow did not allow medical marijuana and allowed only a specific brand of cannabis oil. The state shaded in gray—
Nebraska
—did not allow medical marijuana or the use of any type of cannabis oil.
[11]
Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.
Unique instances
Idaho: In 2015, the
Idaho State Legislature
passed a bill legalizing certain types of CBD oil that was later vetoed by Governor
Butch Otter
(R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances.
[12]
South Dakota: In 2019, the
South Dakota State Legislature
passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state’s definition of marijuana in that section.
[13]
Elsewhere in state law, CBD was
not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.
[14]
After the 2019 changes, Attorney General
Jason Ravnsborg
(R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law.
[15]
Several state’s attorneys expressed disagreement with the Attorney General’s statements. Aaron McGown and Tom Wollman, state’s attorneys for
Minnehaha
and
Lincoln
counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the
Pennington County
state’s attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.
[14]
On March 27, 2020, Gov.
Kristi Noem
(R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.
[16]
Trifecta analysis
A
state government trifecta
occurs when one political party holds the governor’s office, a majority in the state Senate, and a majority in the state House. At the start of 2020, there were 15 Democratic trifectas, 21 Republican trifectas, and 14 states with a divided government.
Of the 33 states that have legalized medical marijuana, 20 did so via statewide initiatives, whereas the remaining 16 did so through their legislatures. In 2020, of the states that used the initiative process, six were states with Democratic trifectas and four were states with divided governments. States with Republican trifectas had approved the most medical marijuana initiatives at seven. On the other hand, only two states with Republican trifectas legalized medical marijuana through their legislatures: Ohio and West Virginia. In total, medical marijuana was legal in 10 states with divided government, 11 states with Republican trifectas, and 14 states with Democratic trifectas. Only one state with a Democratic trifecta had not legalized medical marijuana: Virginia.
Of the 15 states that had legalized recreational marijuana as of November 2020, eight had Democratic trifectas, two had Republican trifectas, and five had divided governments.
Background
·
ON THIS TAB:
·
HISTORY
·
LEGALIZATION IN THE U.S.
·
TIMELINE
History
A cannabis plant
Marijuana has been illegal in the United States since 1937, when
Congress
prohibited its use for recreational, industrial, and therapeutic purposes with the Marihuana [
sic] Act of 1937. Under the Controlled Substances Act of 1970, the drug and all its cannabinoid forms were classified as Schedule I substances, belonging to the same class as heroin (cocaine, by contrast, is a Substance II drug). Schedule I substances are considered to have a high potential for dependency and no accepted medical use; being classified as such made distribution of marijuana a federal offense. The table below compares Schedule I and Schedule II substances.
[17]
Schedule I and Schedule II substances
Schedule
Substances
Schedule I
Heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, peyote
Schedule II
Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, Ritalin
Source:
U.S. Drug Enforcement Administration
, “Drug Scheduling,” accessed September 16, 2016
The Drug Enforcement Agency (DEA) has been the federal agency working to eradicate the growth of marijuana on American soil since 1979 through its Domestic Cannabis Eradication/Suppression Program (DCE/SP). In 2014 the program “was responsible for the eradication of 3,904,213 cultivated outdoor cannabis plants and 396,620 indoor plants for a total of 4,300,833 marijuana plants … In addition, the DCE/SP accounted for 6,310 arrests and the seizure in excess of 27.3 million dollars of cultivator assets. The program also removed 4,989 weapons from cannabis cultivators.”
[18]
Legalization in the United States
Medical:
The first marijuana-related ballot measure appeared on
California’s ballot in 1972
. Proposition 19, which would have decriminalized the use of marijuana by adults, was defeated, with 66.5 percent of voters opposing the measure. Twenty-four years later, California became the first state to legalize medical marijuana with 1996’s
Proposition 215
.
Alaska
and
Oregon
followed suit in 1998. As of November 2020, 20 states have legalized
medical marijuana
via statewide ballot measure. The marijuana-related ballot measure with the smallest margin of victory was
Arizona’s 2010 medical marijuana question
, which was approved by just 4,340 votes out of 1.68 million votes cast.
Five medical marijuana measures
appeared on statewide ballots in three states in November 2018:
Utah
,
Oklahoma
, and
Missouri
, which had three such measures. Each state legalized medical marijuana with voters in Missouri approving one of the three proposals on their ballots.
In 2020, voters approved
statewide initiatives
regarding medical marijuana in two states:
Mississippi
and South Dakota.
Recreational:
Alaska, Arizona, California, Colorado, Oregon, Maine, Massachusetts, Michigan, Montana, New Jersey, Nevada, South Dakota, Washington, and Washington, D.C., legalized marijuana for personal use through the following ballot measures:
·
Washington Marijuana Legalization and Regulation, Initiative 502 (2012)
·
Colorado Marijuana Legalization Initiative, Amendment 64 (2012)
·
Oregon Legalized Marijuana Initiative, Measure 91 (2014)
·
Alaska Marijuana Legalization, Ballot Measure 2 (2014)
·
Washington D.C. Marijuana Legalization, Initiative 71 (November 2014)
·
California Proposition 64, Marijuana Legalization (2016)
·
Maine Marijuana Legalization, Question 1 (2016)
·
Massachusetts Marijuana Legalization, Question 4 (2016)
·
Nevada Marijuana Legalization, Question 2 (2016)
·
Michigan Proposal 1, Marijuana Legalization Initiative (2018)
·
Arizona Proposition 207, Marijuana Legalization Initiative (2020)
·
Montana I-190, Marijuana Legalization Initiative (2020)
·
New Jersey Public Question 1, Marijuana Legalization Amendment (2020)
·
South Dakota Constitutional Amendment A, Marijuana Legalization Initiative (2020)
In January 2018, Vermont became the first state to legalize recreational marijuana through a bill passed by the legislature and signed by the governor rather than through a citizen initiative.
[3]
In June 2019, Illinois also legalized recreational marijuana through a legislative act.
[4]
History of marijuana on the ballot
See also:
History of marijuana on the ballot
· The first time a marijuana legalization measure appeared on the ballot was in
California in 1972
, when voters rejected Proposition 19.
· Between 1972 and 2018, voters in 18 states voted on 62
marijuana-related ballot measures
. Of these measures, not all were marijuana legalization efforts; some were bans, some were related to medical marijuana, and some were related to taxing medical or recreational marijuana.
· The first state to legalize medical marijuana was
California
in
1996
. As of 2018, the most recent defeat of a medical marijuana measure was in
Florida
in
2014
.
· Voters in Alaska opted to
criminalize marijuana
through a ballot measure in 1990. Voters in Alaska
voted to legalize
marijuana for recreational use in
2014
.
· As of 2019, voters had approved ballot measures to legalize recreational marijuana in
Alaska
(2014),
California
(2016),
Colorado
(2012),
Maine
(2016),
Massachusetts
(2016),
Michigan
(2018),
Nevada
(2016),
Oregon
(2014), and
Washington
(2012). Vermont had legalized recreational marijuana through a legislative bill (2018).
· In
2018
, voters in Michigan and North Dakota voted on ballot measures to legalize recreational marijuana, and voters in Missouri and Utah voted on ballot measures to legalize medical marijuana. The initiative in Michigan was approved, while the initiative in North Dakota was rejected. Both medical marijuana measures were approved.
Major issues
·
ON THIS TAB:
·
USAGE
·
CRIME AND INCARCERATION
· ARGUMENTS
·
PUBLIC OPINION
Usage
According to the Substance Abuse and Mental Health Services Administration, an estimated 27.7 million American citizens aged 12 and older were current marijuana users in 2018 (meaning that they had used marijuana within the past month). This amounted to roughly 10.1 percent of the population aged 12 and older. See the table below for further details, including breakdowns by age bracket.
[19]
[20]
Marijuana usage as a percentage of the population by age bracket, 2002-2018
Year
12 and older
12 to 17
18 to 25
26 and older
2002
6.2%
8.2%
17.3%
4.0%
2003
6.2%
7.9%
17.0%
4.0%
2004
6.1%
7.6%
16.1%
4.1%
2005
6.0%
6.8%
16.6%
4.1%
2006
6.0%
6.7%
16.3%
4.2%
2007
5.8%
6.7%
16.5%
3.9%
2008
6.1%
6.7%
16.6%
4.2%
2009
6.7%
7.4%
18.2%
4.6%
2010
6.9%
7.4%
18.5%
4.8%
2011
7.0%
7.9%
19.0%
4.8%
2012
7.3%
7.2%
18.7%
5.3%
2013
7.5%
7.1%
19.1%
5.6%
2014
8.4%
7.4%
19.6%
6.6%
2015
8.3%
7.0%
19.8%
6.5%
2016
8.9%
6.5%
20.8%
7.2%
2017
9.6%
6.5%
22.1%
7.9%
2018
10.1%
6.7%
22.1%
8.6%
2017- 2018 Source available:
Substance Abuse and Mental Health Services Administration
, “2018 NSDUH Detailed Tables (Table 1.7B),” August 20, 2019
.
Earlier data can be found
here
.
Crime and incarceration
According to the
FBI
, there were 10,310,960 total arrests in the United States in 2018, the most recent year for which full data were available. Of that total, an estimated 1,167,296 arrests were related to drug abuse violations. Marijuana violations comprised the highest percentage of that subtotal. Of all drug-related violations, 36.8 percent, or 429,565, were related to marijuana possession; 4.4 percent, or 51,361, were related to the sale or manufacture of marijuana.
[21]
Arguments supporting marijuana legalization
Proponents of the legalization of recreational marijuana make the following general arguments in support of their position:
[1]
1.
Increased revenues for state and local governments: Proponents argue that, by making recreational marijuana legal, state and local governments can levy taxes on cannabis products, thereby generating revenues for government services.
2.
Enabling law enforcement officers and criminal justice officials to focus on other crimes: Proponents argue that, If recreational marijuana use is legalized, law enforcement officers and criminal justice officials will be able to spend more time pursuing other crimes, such as violent offenses.
3.
Improved safety via regulation: Proponents argue that, if marijuana is legalized, it will be subject to government regulation, which may result in a safer product.
Arguments opposing marijuana legalization
Opponents of the legalization of recreational marijuana make the following general arguments in support of their position:
[1]
1.
Addictiveness: Opponents argue that any revenues generated by marijuana legalization could be offset by the costs of treating users who become addicted the drug.
2.
Gateway drug: Opponents argue marijuana functions as a gateway drug, leading users to experiment with and become addicted to other drugs, such as cocaine and heroin.
3.
Health: Opponents argue that marijuana use can lead to a host of health problems, including lung cancer, cardiovascular conditions, and mental health conditions.
Public opinion
Gallup, a national polling firm, first began surveying Americans about legalizing marijuana use in 1969. At that time, only 12 percent of all adults supported legalization. Since then, support for legalization has increased significantly. In 2019, a majority of American adults—66 percent—supported legalization. The table below breaks down support for legalization by age bracket.
[22]
[23]
Support for marijuana legalization by age bracket, 1969 to 2019 (selected years)
Year
All adults
18 to 34
35 to 49
50 to 64
65 and older
2019
66%
81%
71%
62%
49%
2015
58%
71%
64%
58%
35%
2000/2001
33%
44%
34%
30%
17%
1985
23%
32%
22%
16%
13%
1969
12%
20%
11%
6%
4%
2019 source:
Gallup.com
, “U.S. Support for Legal Marijuana Steady in Past Year,” October 23, 2019
.
Previous year data available
here
Support for legalization by political party affiliation
According to a 2019 poll by Quinnipiac University, support for marijuana legalization differed according to political party affiliation, with Democrats and independents generally favoring legalization and Republicans generally opposing legalization. See the table below for further details.
[24]
Support for marijuana legalization by political party affiliation, 2019
Democrats
Republicans
Independents
Total
Support for legalization
73%
40%
64%
60%
Opposition to legalization
20%
52%
31%
33%
Undecided
8%
8%
5%
7%
Source:
Quinnipiac University
, “U.S. Voters Oppose Trump Emergency Powers on Wall 2-1 Quinnipiac University National Poll Finds,” March 6, 2019
However, the same poll found significantly higher support across all partisan affiliations for the legalization of medical marijuana. See the table below for further details.
[24]
Support for medical marijuana legalization by political party affiliation, 2019
Democrats
Republicans
Independents
Total
Support for legalization
96%
86%
96%
93%
Opposition to legalization
3%
12%
3%
5%
Undecided
1%
2%
1%
2%
Source:
Quinnipiac University
, “U.S. Voters Oppose Trump Emergency Powers on Wall 2-1 Quinnipiac University National Poll Finds,” March 6, 2019
State issues
·
ON THIS TAB:
·
FEDERALISM QUESTION
·
STATE LAWS
Federalism question
See also:
Preemption conflicts between state and local governments
Seal of the United States Department of Justice
At the federal level, the cultivation, distribution, and use of marijuana have remained federal offenses. When states began to legalize it, first for medical and then for personal use, enforcement became more complicated because states enforce their own narcotics statutes. This caused a conflict between the federal and state governments: what was illegal at the federal level was now legal in some places at the state level. Consequently, the Obama administration in October 2009 encouraged federal prosecutors not to prosecute individuals distributing or using marijuana for medical purposes in accordance with state law.
[25]
On August 29, 2013, the U.S. Department of Justice made another announcement regarding its marijuana enforcement policy: “In a new memorandum outlining the policy, the Department makes clear that marijuana remains an illegal drug under the Controlled Substances Act and that federal prosecutors will continue to aggressively enforce this statute … Based on assurances that those states will impose an appropriately strict regulatory system, the Department has informed the governors of [Colorado and Washington, which legalized the recreational use of marijuana in 2012] that it is deferring its right to challenge their legalization laws at this time.”
[26]
On August 11, 2016, the federal government rejected a proposal to declassify marijuana as an illegal Schedule I drug and to allow
marijuana to be used for medical purposes
. The
Food and Drug Administration
(FDA) stated that marijuana has not been proven scientifically to be medically safe or effective; therefore, the
Drug Enforcement Administration (DEA)
could not allow the drug to be declassified.
[27]
On December 20, 2018, President
Donald Trump
(R) signed the Agricultural Improvement Act of 2018, more commonly known as the 2018 Farm Bill, into law, which legalized the production of hemp by removing it from the Schedule I list of controlled substances under federal law. The bill defined hemp as any cannabis plant, or part of a cannabis plant, that contains less than 0.3 percent of THC, the substance that gives cannabis its psychoactive properties.
[28]
By extension, cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—was also made legal under federal law so long as it contained less than 0.3% THC.
[29]
Despite the legalization of hemp and CBD at the federal level, individual states retained the ability to prohibit the materials.
State laws
How has marijuana legalization impacted state revenue and crime?
March 15, 2017
Maryland State Sen.
Richard Madaleno
is sponsoring bills to legalize the adult possession of small amounts of marijuana, and to regulate and tax its sale. “Colorado and Washington are bringing in hundreds of millions in revenue without any increase in crime,” Madaleno said.
Is Madaleno correct?
Read Ballotpedia’s fact check »
Medical marijuana:
As of November 2020, 20 states have legalized
medical marijuana
via statewide ballot measure. The marijuana-related ballot measure with the smallest margin of victory was
Arizona’s 2010 medical marijuana question
, which was approved by just 4,340 votes out of 1.68 million votes cast.
Five medical marijuana measures
appeared on statewide ballots in three states in November 2018:
Utah
,
Oklahoma
, and
Missouri
, which had three such measures. Each state legalized medical marijuana with voters in Missouri approving one of the three proposals on their ballots.
In 2020, voters approved
statewide initiatives
regarding medical marijuana in two states:
Mississippi
and South Dakota.
Recreational marijuana:
Alaska, Arizona, California, Colorado, Oregon, Maine, Massachusetts, Michigan, Montana, New Jersey, Nevada, South Dakota, Washington, and Washington, D.C., legalized marijuana for personal use through the following ballot measures:
·
Washington Marijuana Legalization and Regulation, Initiative 502 (2012)
·
Colorado Marijuana Legalization Initiative, Amendment 64 (2012)
·
Oregon Legalized Marijuana Initiative, Measure 91 (2014)
·
Alaska Marijuana Legalization, Ballot Measure 2 (2014)
·
Washington D.C. Marijuana Legalization, Initiative 71 (November 2014)
·
California Proposition 64, Marijuana Legalization (2016)
·
Maine Marijuana Legalization, Question 1 (2016)
·
Massachusetts Marijuana Legalization, Question 4 (2016)
·
Nevada Marijuana Legalization, Question 2 (2016)
·
Michigan Proposal 1, Marijuana Legalization Initiative (2018)
·
Arizona Proposition 207, Marijuana Legalization Initiative (2020)
·
Montana I-190, Marijuana Legalization Initiative (2020)
·
New Jersey Public Question 1, Marijuana Legalization Amendment (2020)
·
South Dakota Constitutional Amendment A, Marijuana Legalization Initiative (2020)
In January 2018, Vermont became the first state to legalize recreational marijuana through a bill passed by the legislature and signed by the governor rather than through a citizen initiative.
[3]
In June 2019, Illinois also legalized recreational marijuana through a legislative act.
[4]
Alaska
See also:
Alaska Marijuana Legalization, Ballot Measure 2 (2014)
Approved in 2014, Alaska’s Ballot Measure 2 allowed people age 21 and older to possess up to one ounce of marijuana and up to six plants that would not be taxed. It also made the manufacture, sale, and possession of marijuana paraphernalia, which would require licensing and be subject to taxation, legal. The initiative was designed to implement these changes at the state level; however, these acts still remained illegal under federal law at the time of the measure’s passage. The law went into effect in February 2015.
[30]
[31]
[32]
For more information about the law, click
here
.
Colorado
See also:
Colorado Marijuana Legalization Initiative, Amendment 64 (2012)
Approved in 2012, Colorado’s Amendment 64 legalized marijuana in the state. The amendment permitted an individual aged 21 years or older to consume and possess limited amounts of marijuana. The amendment also providing for state and local government regulation of marijuana producers and distributors.
A similar measure
was
defeated in 2006
.
[33]
[34]
For more information about the law, click
here
.
Has public opinion changed on the medical use of marijuana?
March 13, 2017
In 2017, North Carolina Rep. Rodney Moore (D-District 99) claimed, “Medical marijuana is something that the public has changed its mind on, even in North Carolina.”
What did polls say about public opinion on the medical use of marijuana, both within North Carolina and nationally?
Read Ballotpedia’s fact check »
Oregon
See also:
Oregon Legalized Marijuana Initiative, Measure 91 (2014)
Approved in 2014, Oregon Measure 91 legalized recreational marijuana for people ages 21 and older, allowing adults over this age to possess up to eight ounces of dried marijuana and up to four plants. Additionally, the measure tasked the Oregon Liquor Control Commission with regulating sales of the drug.
[35]
[36]
The initiative was sponsored by the group New Approach Oregon. Anthony Johnson, the chief petitioner, hoped
legislators
would refer the measure to the ballot; however, they failed to do so before the 2014 session ended on
March 10, 2014
. Therefore, supporters moved forward with the initiative effort and successfully placed the measure before voters.
[35]
It was also known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act of 2014.
For more information about the law, click
here
.
Washington
See also:
Washington Marijuana Legalization and Regulation, Initiative 502 (2012)
Approved in 2012, Washington Initiative 502 legalized the production, possession, delivery, and distribution of marijuana. The initiative regulated the sale of small amounts of marijuana to people 21 and older. According to reports, marijuana farms and food processors would be licensed by the Washington State Liquor Control Board.
[37]
[38]
Additionally, the measure made it illegal for a motorist to have more than 5 nanograms of THC (an active ingredient of marijuana) per milliliter of blood in their system.
[39]
The initiative was supported by a group called New Approach Washington.
[40]
It was sponsored by John McKay, a former federal attorney, according to the filed petition. Additional sponsors included the following individuals: Kim Marie Thorburn MD, Peter Holmes, Rick Steves, Robert Wood MD, Roger Roffman, and Salvador Mungia.
[41]
For more information, click
here
.
California
For details about California Proposition 64,
click here
.
Maine
For details about Maine Question 1,
click here
.
Massachusetts
For details about Massachusetts Question 4,
click here
.
Nevada
For details about Nevada Question 2,
click here
.
Michigan
For details about Michigan Proposal 1,
click here
.
Arizona
For details about Arizona Proposition 207,
click here
.
Montana
For details about Montana I-190,
click here
.
New Jersey
For details about New Jersey Public Question 1,
click here
.
South Dakota
For details about South Dakota Constitutional Amendment A,
click here
.
Local issues
Local ordinances
District of Columbia
Approved in 2014, Initiative 71 permitted the use of up to two ounces of marijuana and the possession and cultivation of up to three marijuana plants.
[42]
According to the cannabis advocacy website
Marijuana.com, election law for the District of Columbia did not allow a
citizen initiative
to mandate the expenditure of city funds. This prevented Initiative 71 from addressing the legalization and regulation of marijuana sales, since a regulatory system would require substantial city expenditures (e.g., licensing fees, personnel costs for regulatory activities, etc.). Thus, Initiative 71 simply legalized possession and personal cultivation. The initiative called for the
city council
to design an ordinance establishing regulations on marijuana retail sales and enforcement of such regulations.
[43]
[44]
Although almost 65 percent of voters approved legalizing small amounts of marijuana in the nation’s capital, the fate of the measure ultimately rested with
Congress
, in which D.C. voters have no voting representatives. City and federal laws gave Congress a 30-day window to review the city’s measure and either reject it or let it stand. Congress also had the power to restrict Initiative 71 through its control over the city’s budget.
[45]
Since Congress did not act to strike down the initiative, the law went into effect on February 26, 2015.
[42]
For more information about the law click
here
.
Ballot measures
Statewide measures
Voting on Marijuana
By state
By year
Not on ballot
[
show
]
Local
Below are lists of the certified and proposed marijuana ballot measures that were intended for 2020 ballots:
Potential marijuana-related ballot measures
2022:
1.
Arizona Medical Marijuana Warning Labels and Mental Health Research Measure (2022)
2.
Arkansas Recreational Marijuana Initiative (2022)
3.
Florida Marijuana Legalization Initiative (2022)
4.
Florida Marijuana Legalization and Medical Marijuana Treatment Center Sales Initiative (2022)
5.
Florida Medical Marijuana Plants Initiative (2022)
6.
Florida Medical Marijuana for Mental Health Disorders Initiative (2022)
7.
Idaho Medical Marijuana Initiative (2022)
8.
Mississippi Marijuana Legalization, Criminal Record Expungement, and Firearm Possession for Non-Violent Felons Amendment (2022)
9.
Mississippi Marijuana Legalization Amendment (2022)
10.
Nebraska Medical Marijuana Initiative (2022)
11.
North Dakota Legalize Marijuana and Allow Home Growth Initiative (2022)
2021:
1.
Washington Prohibit Marijuana Cultivation and Sales in Residential Zones Initiative (2021)
Certified marijuana-related ballot measures
2020:
1.
Arizona Proposition 207, Marijuana Legalization Initiative (2020)
2.
Mississippi Ballot Measure 1, Initiative 65 and Alternative 65A, Medical Marijuana Amendment (2020)
3.
Montana CI-118, Allow for a Legal Age for Marijuana Amendment (2020)
4.
Montana I-190, Marijuana Legalization Initiative (2020)
5.
New Jersey Public Question 1, Marijuana Legalization Amendment (2020)
6.
South Dakota Constitutional Amendment A, Marijuana Legalization Initiative (2020)
7.
South Dakota Initiated Measure 26, Medical Marijuana Initiative (2020)
Local ballot measures
Local marijuana on the ballot: This topic refers to local ballot measures regarding the local regulation of marijuana sales and use.
2020:
1.
Anchorage, Alaska, Proposition 11, Marijuana Consumption at Retail Stores (April 2020)
2.
Artesia, California, Measure Q, Marijuana Business Tax (November 2020)
3.
Avalon, California, Measure E, Advisory Vote on Allowing Delivery of Recreational Marijuana (March 2020)
4.
Avalon, California, Measure F, Advisory Vote on Allowing Marijuana Dispensaries in City Limits (March 2020)
5.
Benicia, California, Measure D, Marijuana Dispensaries Advisory Question (November 2020)
6.
Calabasas, California, Measure C, Marijuana Business Tax (November 2020)
7.
Commerce, California, Measure AE, Marijuana Business Agreement Ordinance (November 2020)
8.
Commerce, California, Measure CO, Marijuana Business Agreement Ordinance (November 2020)
9.
Commerce, California, Measure RD, Development Agreement Ordinance (November 2020)
10.
Commerce, California, Measure RS, Development Agreement Ordinance (November 2020)
11.
Commerce, California, Measure SB, Marijuana Business Agreement Ordinance (November 2020)
12.
Commerce, California, Measure SC, Marijuana Business Agreement Ordinance (November 2020)
13.
Encinitas, California, Measure H, Marijuana Commercial Zoning and Regulation (November 2020)
14.
Fairfield, California, Measure C, Marijuana Business Tax (November 2020)
15.
Grass Valley, California, Measure N, Marijuana Business Tax (November 2020)
16.
Hawthorne, California, Measure CC, Marijuana Business Tax (November 2020)
17.
Jurupa Valley, California, Measure U, Marijuana Business Regulation Changes and Tax Increase (November 2020)
18.
La Habra, California, Measure W, Marijuana Business Tax (November 2020)
19.
Laguna Woods, California, Measure V, Marijuana Dispensaries Advisory Question (November 2020)
20.
Madera, California, Measure R, Marijuana Business Tax (November 2020)
21.
Marina, California, Measure Z, Marijuana Business Regulation Ordinance (November 2020)
22.
Marysville, California, Measure N, Marijuana Business Tax (November 2020)
23.
Mount Shasta, California, Measure L, Marijuana Business Regulations (November 2020)
24.
Ojai, California, Measure G, Marijuana Business Tax (November 2020)
25.
Pomona, California, Measure PM, Marijuana Business Zoning Ordinance (November 2020)
26.
Pomona, California, Measure PO, Marijuana Business Regulation Ordinance (November 2020)
27.
Porterville, California, Measure R, Marijuana Business Tax (November 2020)
28.
San Bruno, California, Measure S, Marijuana Business Tax (November 2020)
29.
San Buenaventura, California, Measure I, Marijuana Business Tax (November 2020)
30.
San Fernando, California, Measure MJ, Marijuana Business Ban (March 2020)
31.
Solana Beach, California, Measure S, Permit and Regulate Marijuana Businesses and Cultivation Initiative (November 2020)
32.
Sonoma, California, Measure X, Marijuana Business Tax (November 2020)
33.
Sonoma, California, Measure Y, Marijuana Cultivation Initiative (November 2020)
34.
Vacaville, California, Measure V, Marijuana Business Tax (November 2020)
35.
Ventura County, California, Measure O, Marijuana Permit Ordinance (November 2020)
36.
Waterford, California, Measure S, Marijuana Business Tax (November 2020)
37.
Weed, California, Measure B, Marijuana Business Regulations (November 2020)
38.
Yountville, California, Measure T, Marijuana Business Regulations (November 2020)
2019:
1.
Chicago, Illinois, Marijuana Tax Revenue Allocation Advisory Referendum (February 2019)
News feed
Recent news
The link below is to the most recent stories in a Google news search for the terms
Marijuana legalization ballot. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
Marijuana laws in the United States – Google News
See also
·
2016 coverage on Ballotpedia
·
Civil liberties policy on Ballotpedia
·
Presidential election, 2016
·
National Organization for the Reform of Marijuana Laws
·
Marijuana ballot measures
·
Marijuana Policy Project
·
Drug Policy Alliance
·
History of marijuana on the ballot
Additional reading
·
ProCon.org
, “Should Recreational Marijuana Be Legal? Top Pro and Con Arguments”
·
ProCon.org
, “Should Recreational Marijuana Be Legal? Pro and Con Quotes”
·
ProCon.org
, “Should Recreational Marijuana Be Legal? Background of the Issue”
·
ProCon.org
, “Legal Recreational Marijuana States and DC”
Footnotes
1. ↑
Jump up to:
1.0
1.1
1.2
DrugRehab.us
, “Pros and Cons of Legalizing Recreational Marijuana,” accessed August 24, 2016
2.
Jump up
↑
NORML.org
, “About Marijuana,” accessed May 9, 2016
3. ↑
Jump up to:
3.0
3.1
3.2
3.3
The Hill
, “Vermont governor signs marijuana legalization bill,” January 22, 2018
4. ↑
Jump up to:
4.0
4.1
4.2
CBS 2 Chicago
, “Governor JB Pritzker Signs Recreational Marijuana Law,” June 25, 2019
5.
Jump up
↑
National Council of State Legislatures,
“State Medical Marijuana Laws,” accessed March 2, 2020
6.
Jump up
↑
Marijuana Policy Project
, “Decriminalization,” accessed March 2, 2020
7.
Jump up
↑
The Hill
, “Vermont governor vetoes marijuana legalization,” May 24, 2017
8.
Jump up
↑
Associated Press
, “Illinois becomes 11th state to allow recreational marijuana,” June 25, 2019
9. ↑
Jump up to:
9.0
9.1
9.2
9.3
9.4
9.5
9.6
9.7
Note: These unofficial election results were as of November 5, 2020, and will be updated in this chart after election results are certified.
10.
Jump up
↑
This count excludes states that permitted both the use of cannabis oil and medical marijuana.
11.
Jump up
↑
, “CBD Laws by State 2020 – Just the Facts (is CBD legal in 2020?),” accessed February 28, 2020
12.
Jump up
↑
Idaho Office of Drug Policy
, “Cannabidiol (CBD),” accessed February 28, 2020
13.
Jump up
↑
South Dakota Legislature official website
, “2019 Senate Bill 22 – Enrolled,” accessed February 28, 2020
14. ↑
Jump up to:
14.0
14.1
Argus Leader
, “Is CBD oil illegal? Confusion reigns over South Dakota’s law,” April 19, 2019
15.
Jump up
↑
South Dakota Attorney General official website
, “Attorney General Ravnsborg clarifies questions regarding industrial hemp and CBD (Cannabidiol) oil,” March 25, 2019
16.
Jump up
↑
Argus Leader
, “Industrial hemp becomes legal in South Dakota after Noem signs bill,” March 27, 2020
17.
Jump up
↑
U.S. Drug Enforcement Administration
, “Drug Scheduling,” accessed September 16, 2016
18.
Jump up
↑
U.S. Drug Enforcement Agency
, “Domestic Cannabis Eradication / Suppression Program,” accessed May 27, 2016
19.
Jump up
↑
Substance Abuse and Mental Health Services Administration
, “2018 NSDUH Detailed Tables (Table 1.7B),” August 20, 2019
20.
Jump up
↑
Substance Abuse and Mental Health Services Administration
, “NSDUH data files page,” accessed March 2, 2020
21.
Jump up
↑
Federal Bureau of Investigation
, “2018: Crime in the United States (Persons Arrested),” accessed March 2, 2020
22.
Jump up
↑
Gallup.com
, “U.S. Support for Legal Marijuana Steady in Past Year,” October 23, 2019
23.
Jump up
↑
Gallup.com
, “In U.S., 58% Back Legal Marijuana Use,” October 21, 2015
24. ↑
Jump up to:
24.0
24.1
Quinnipiac University
, “U.S. Voters Oppose Trump Emergency Powers on Wall 2-1 Quinnipiac University National Poll Finds; 86% Back Democrats’ Bill on Gun Background Checks,” March 6, 2019
25.
Jump up
↑
National Conference of State Legislatures
, “State Medical Marijuana Laws,” April 18, 2016
26.
Jump up
↑
U.S. Department of Justice
, “Justice Department Announces Update to Marijuana Enforcement Policy,”, August 29, 2013
27.
Jump up
↑
The Washington Post
, “U.S. affirms its prohibition on medical marijuana,” August 11, 2016
28.
Jump up
↑
United States Department of Agriculture
, “Executive Summary of New Hemp Authorities,” May 28, 2019
29.
Jump up
↑
Perkins Coie
, “What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?,” December 31, 2018
30.
Jump up
↑
Alaska Dispatch
, “Marijuana Policy Project plans Alaska ballot measure to decriminalize pot in 2014,” accessed January 16, 2013
31.
Jump up
↑
The Huffington Post
, “Alaska Becomes Fourth State to Legalize Recreational Marijuana,” November 5, 2014
32.
Jump up
↑
NORML.org
, “Legalization,” accessed May 9, 2016
33.
Jump up
↑
Colorado Daily
, “Colo. pot advocates plan 2012 legalization push,” June 11, 2010
34.
Jump up
↑
9 News
, “Marijuana advocates use Kush Con II as legalization springboard,” December 17, 2010
35. ↑
Jump up to:
35.0
35.1
OregonLive.com
, “With national backing, marijuana advocates file legalization measure,” October 25, 2013
36.
Jump up
↑
The Oregonian
, “At marijuana legalization hearing, question is how much regulation should go before Oregon voters,” November 22, 2013
37.
Jump up
↑
The Seattle Times
, “Marijuana legalization initiative to turn signatures next week,” December 20, 2011
38.
Jump up
↑
The Seattle Post-Intelligencer
, “Marijuana measure headed for ballot?” December 20, 2011
39.
Jump up
↑
Associated Press
, “WA pot legalization signatures submitted to state,” December 29, 2011
40.
Jump up
↑
The Seattle Times
, “Pro-pot campaign gets big names, deep pockets,” November 4, 2011
41.
Jump up
↑
Washington Secretary of State
, “Proposed Initiatives to the Legislature – 2011,” accessed December 27, 2011
42. ↑
Jump up to:
42.0
42.1
The Washington Post
, “Bowser: Legal pot possession to take effect at midnight in the District,” February 25, 2015
43.
Jump up
↑
U.S. News & World Report
, “D.C. Residents Will Vote on Marijuana Legalization in November,” August 6, 2014
44.
Jump up
↑
Marijuana.com
, “D.C. Ballot Measure Faces Possible Delay If Approved,” October 13, 2014
45.
Jump up
↑
Government Executive
, “Will Congress Let D.C. Legalize Pot?” December 1, 2014
Only the first few references on this page are shown above.
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