As election day came and went, a number of propositions and initiatives were placed on ballots in certain states to allow residents to vote on major decisions concerning marijuana. Leaf Retailer has all of the latest ballot updates to keep our readers informed about the cannabis industry.
- Arkansas Issue 4
- Austin, Texas, Proposition A
- Colorado Proposition 122
- Maryland Question 4
- Missouri Amendment 3
- North Dakota Statutory Measure 2
- Ohio Marijuana Decriminalization Initiative
- South Dakota Marijuana Measure 27
- Wisconsin Marijuana Legalization
Arkansas Issue 4
The Marijuana Legalization Initiative
The measure would have legalized marijuana use for individuals 21 years of age and older and would have authorized the commercial sale of marijuana with sales to be taxed at 10 percent. Adults also could have possessed up to one ounce of marijuana. Arkansas voters rejected this marijuana legalization initiative on Tuesday.
“I am disappointed by Arkansas’ failure to pass any adult-use cannabis initiatives this election season,” Jeffrey M. Zucker, Vice Chair, Marijuana Policy Project Board of Directors and President of Green Lion Partners, said “This state has a long way to go in its efforts to right the wrongs of the war on drugs, but I believe in the cannabis activists working in Arkansas. I look forward to cheering on their progress in the future.”
Austin, Texas, Proposition A
The Marijuana Decriminalization and Prohibit No-Knock Warrants Initiative
The initiative amended the Austin City Code to prohibit Austin police from issuing any citations or making any arrests for misdemeanor marijuana possession offenses, so long as the offenses are not involved in the investigation of a narcotics-related case designated as a high priority or a violent felony case. In January 2020, the Austin City Council passed an ordinance directing that no city funds or personnel be used to “develop THC concentration testing protocols or pursue accreditation for the purpose of testing any substance to determine whether the substance meets the legal definition of marijuana under state law.” Texas voters approved this initiative on Tuesday.
Colorado Proposition 122
Proposition 122 aims to decriminalize the personal use and possession (for adults age 21 and older) of the following hallucinogenic/entheogenic plants and fungi, which are currently classified as Schedule 1 controlled substances under state law:
- Dimethyltryptamine (DMT)
- Ibogaine
- Mescaline (excluding peyote)
- Psilocybin
- Psilocyn
The ballot measure was narrowly leading as of early Wednesday morning, but the race is too close to call.
Maryland Question 4
The Marijuana Legalization Amendment
Question 4 aims to amend the Maryland Constitution to add a new article, Article XX, which would authorize individuals 21 years of age or older to use and possess marijuana. The added section would also authorize the Maryland General Assembly to “provide for the use, distribution, possession, regulation, and taxation of cannabis within the state.” Maryland voters approved this referendum on Tuesday.
“This was another historic election for cannabis policy reform. Support for ending marijuana prohibition in the states is spreading much like it did at the end of alcohol prohibition,” Mason Tvert, partner at VS Strategies, said. “Voters in every part of the country are standing up and casting their ballots in support of legalizing and regulating cannabis for adult use. It is not only happening in the Northeast and in the West, but also in the Midwest. History has shown that the more people learn about the issue, the more likely they are to support legalization. It is not really a question of whether these states will end cannabis prohibition, but a question of when.”
Missouri Amendment 3
The Marijuana Legalization Initiative
This initiative is designed to legalize the purchase, possession, consumption, use, delivery, manufacturing, and sale of marijuana for personal use for adults over the age of 21; allow individuals convicted of non-violent marijuana-related offenses to petition to be released from incarceration and/or have their records expunged; and enact a six percent tax on the sale of marijuana. Missouri voters approved this ballot measure on Tuesday.
“It is an exciting time for the people of Missouri as their state legalizes adult-use cannabis,” Zucker said. “I am in awe of the hard work that cannabis activists have done in Missouri, and I look forward to seeing how both established medical marijuana dispensaries and new players in Missouri’s regulated cannabis industry grow and begin to thrive over the coming months.”
“Congratulations to the citizens of Missouri for taking it upon yourselves to bring the important question of adult-use cannabis to the ballot and showing up in droves to pass such important legislation. Missouri continues down the path of normalizing cannabis consumption and we celebrate the Herculean effort that went into Tuesday’s victory,” Justin Kahn, CEO and Co-founder of Reepher, said.
North Dakota Statutory Measure 2
The Marijuana Legalization Initiative
Statutory Measure 2 would have legalized the personal use of marijuana for adults 21 years of age and older and allow individuals to possess up to one ounce of marijuana and grow up to three marijuana plants. The measure also would have helped to establish marijuana regulations, as well as license seven cultivation facilities and 18 marijuana retailers. North Dakota voters rejected this initiative on Tuesday.
“It is unfortunate that North Dakotans will not have access to recreational cannabis for a little while longer,” Travis Copenhaver, a partner at cannabis law firm Vicente Sederberg, LLP, said. “However, the success that New Approach North Dakota had in collecting signatures shows that there is significant support for recreational cannabis in the state. We look forward to a day when the shadow of the War on Drugs lifts over North Dakota.”
Rhode Island Adult-Use Marijuana Sales
Rhode Island voters in 25 cities approved local ballot referendums on Tuesday to allow adult-use marijuana businesses and sales in their jurisdictions. The question was placed on the ballot in 33 cities, with a strong majority of those agreeing to permit cannabis commerce. This comes about six months after Gov. Dan McKee (D) signed a legalization bill into law, according to Marijuana Moment.
“Last night, constituents in 26 of 31 Rhode Island municipalities voted to approve adult-use cannabis retail sales in their communities,” Meg Nash, counsel member at Vicente Sederberg LLP, said. “The support at the local level builds upon the momentum of adult-use legalization passed in May of this year and significantly expands opportunities for potential applicants seeking to obtain one of the 24 retail licenses expected to be available next year. In addition, because the Rhode Island Cannabis Act created a three percent local tax on recreational sales, communities that host licensees will receive significant economic gains while simultaneously seeing increased employment opportunities. As reflected in last night’s election results, the enthusiasm for legalization in Rhode Island suggests exciting market developments will continue to emerge in the new year.”
Ohio Marijuana Decriminalization Initiative
Ohio voters in five cities approved local marijuana decriminalization ballot initiatives on Tuesday. Activists in the state have been working to enact local cannabis reform over recent election cycles, with most efforts proving successful. While decriminalization didn’t qualify for every municipal ballot that advocates targeted for 2022, a half dozen got the chance to make a policy change, according to Marijuana Moment.
South Dakota Marijuana Measure 27
The Marijuana Legalization Initiative
This initiative aimed to legalize the use and possession of recreational marijuana, as well as marijuana accessories and paraphernalia, for residents who are at least 21 years old. Individuals also would have been allowed to possess or distribute up to one ounce of marijuana. South Dakota voters rejected this ballot measure on Tuesday.
“We commiserate with the people of South Dakota over the failure of this recent legalization initiative,” Copenhaver said. “It is unfortunate that it did not succeed and even more unfortunate that the matter was once again put to a vote after the success of 2020’s initiatives. This defeat is not the end and we believe that South Dakota will soon join the ranks of states that have legalized cannabis.”
“It is a disappointment that South Dakota has — once again — failed to legalize adult-use cannabis. If there is anything that these past election cycles have proven, it is that cannabis activists in South Dakota do not give up easily. I maintain hope for an adult-use industry in South Dakota’s future, and I know activists in the state will continue to do all they can to make this happen,” Zucker said.
Wisconsin Marijuana Legalization
Wisconsin voters in three counties and five municipalities across the state made their voices heard on marijuana legalization through non-binding advisory questions on their local ballots. A total of nine local reform measures qualified for the ballot across the right jurisdictions this cycle, and every one was approved by a wide margin, according to Marijuana Moment.
Gov. Tony Evers (D), who was reelected, is pushing lawmakers to pass legislation to allow citizens to put policy reform measures on the statewide ballot, but currently there is no means of doing that, so activists have focused their efforts on individual localities in the meantime. The local votes are largely meant to serve a messaging purpose, providing lawmakers with a clear policy temperature-check among their constituents, but those that were approved will not change any laws by themselves.