Florida has been front and center as of late, after the state Supreme Court recently ruled that its amendment to legalize adult-use cannabis is fit for the ballot in this year’s election. But the Sunshine State is not alone, as North Dakota may be taking another go this November at ushering in its own recreational market.

Earlier this week, a group of 27 North Dakotans filed a 2024 ballot measure petition that would legalize adult-use cannabis in the state if approved, according to a report from The Jamestown Sun. 

Advocates must gather 15,582 signatures from eligible North Dakota voters by July 8 in order for the measure to make the ballot.

A Renewed Effort for Adult-Use Cannabis in North Dakota

The New Economic Frontier committee is sponsoring the latest measure. The new proposal would allow adults over the age of 21 to possess small amounts of cannabis and purchase products from registered cannabis businesses in the state.

“Cannabis legalization is coming, and it’s coming fast,” said New Economic Frontier chair Steve Bakken. “We’ve got a choice here — let out-of-state interests call the shots, or take the lead ourselves. We’ve carefully crafted this initiative right here in North Dakota, making sure it fits what our community really needs. Let’s embrace this opportunity the North Dakota way, with common sense and local input guiding the way.” 

Upon the filing, the committee shared in a release that the measure will lessen the burden on the criminal justice system and act as means for further economic growth in North Dakota. 

Specifically, the committee shared that legalizing adult-use cannabis would allow law enforcement to focus on serious or violent crimes and enhance public safety, ultimately saving taxpayer money. It also pointed to the safety benefits of a regulated market, ensuring products are tested for potency and screened for contaminants. It additionally referenced the increased accessibility for veterans and those with medical conditions who cannot access medical cannabis.

Casey Neumann, CEO of local businesses Pure Dakota and Pure Dakota Health, nodded to this benefit, saying that he’s personally seen how medical cannabis can help residents battling numerous conditions like cancer, anxiety and chronic pain.

“This makes it easier for our neighbors to access cannabis for their medicinal needs, but it also will benefit our state as a whole through its taxation,” Neumann said. “The positive economic impact alone is a key reason why all North Dakotans should vote yes. Legalizing cannabis paves the way for a more prosperous future for our state.”

The committee cited a projected $38.4 billion in U.S. cannabis industry revenue for 2024, alongside 400,000 supported jobs and boosted funding for local school organizations and programs in communities throughout the state.

The Latest Move in a Years-Long Push for Recreational Reform 

If seeing “North Dakota,” “ballot measure” and “adult-use cannabis” elicits a bit of déjà vu, it’s not without merit. 

Voters weighed in on Statutory Measure 2 during the 2022 election season, which would have legalized the production, processing and sale of cannabis in the state while allowing for adults over 21 to possess and use various forms of cannabis. Voters ultimately rejected the proposal, garnering just 45% approval.

North Dakota also made an effort to legalize recreational cannabis in 2018 through a ballot measure, but voters rejected that attempt as well with just 41% approving of the proposal.

Voters in the state approved medical cannabis legalization via Measure 5 in 2016, though the state Legislature later amended it to remove a provision allowing medical cannabis patients to grow their own cannabis. Gov. Doug Burgum also signed legislation to reduce cannabis possession penalties in 2019, though ingesting any amount of cannabis is still a misdemeanor punishable by 30 days in jail and a maximum fine of $1,500, with possession of less than a half-ounce punishable by a fine of up to $1,000.

While neighboring South Dakota similarly rejected its own recreational cannabis ballot measure in 2022, Minnesota sits just to the east of both states and legalized cannabis in 2023, with residents allowed to cultivate, possess and smoke cannabis flower. Sales are expected to launch in 2025.

Given trends of other states with neighbors gradually working to embrace cannabis reform — with advocates and lawmakers pushing to legalize rather than losing business and tax dollars through residents traveling across borders to purchase products — Minnesota’s recent leap could provide a bit of extra momentum for North Dakota’s effort this time around.

It’s now up to the secretary of state and attorney general to draft a petition title, which must be provided to the sponsored committee between April 23-25. 

Law-abiding marijuana enthusiasts could find themselves in a bit of a predicament following voter approval of a recreational cannabis initiative in Missouri.

Though it soon will become legal for adults to possess and ingest cannabis, it could take a couple more months before they can legally buy it.

Maryland residents will have to wait even longer — until the middle of next year — before a recreational marijuana measure approved this past week can take effect.

With the addition of Maryland and Missouri, 21 states have legalized recreational marijuana for adults over the past decade — even though it remains illegal under federal law.

Marijuana advocates are pressing forward with similar efforts elsewhere, undeterred by defeats last week in Arkansas, North Dakota and South Dakota.

Efforts to legalize psychedelic drugs for personal use also appear likely to spread, after supporters poured millions of dollars into a Colorado measure that won approval.

Here’s a look at what’s next in the effort to reshape state drug laws.

MISSOURI AND MARYLAND

Recreational marijuana for adults 21 and older will become legal in Missouri on Dec. 8. That’s the same day the state’s existing medical marijuana businesses can apply for licenses to grow, manufacture, transport and sell cannabis for recreational purposes.

[Read more at AP]

by Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations

Last week, the long-anticipated 2022 midterm elections (finally) took place. In addition to the usual House and Senate elections, five states voted on cannabis ballot initiatives: Arkansas, Maryland, Missouri, North Dakota, and South Dakota – with only two of those passing successfully. Let’s take a look at what transpired and what it means for the lame duck session and possibly the 118th Congress:

Ballot Initiatives

Voters in Arkansas, Maryland, Missouri, North Dakota, and South Dakota were all faced with a similar question on election day: whether or not to legalize cannabis for adult use. Unfortunately, three of the five initiatives did not gather enough support to pass: Arkansas, North Dakota, and South Dakota. 

The results for Maryland’s referendum came in early on election night with a decisive victory: more than 65% of voters cast their ballots in support. They were asked “Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1st, 2023, in the state of Maryland?” Now that the measure has been approved by voters, it will require the legislature to put forth a bill that will set basic regulations for the adult-use cannabis program.

Missouri voters also approved Amendment 3, which would legalize cannabis for adults 21 and over, as well as impose a six percent tax on recreational cannabis sales and use the revenue to facilitate automatic expungements for people with certain non-violent marijuana offenses on their records. The amendment garnered 53% of the vote.

This gives advocates an increase in the number of representatives and four more Senators from legal states, most notably those from Missouri, who are both avid conservatives and have not supported cannabis reform broadly in the past. 

House of Representatives

Although Republicans are still projected to win the House, the margins are shaping up to be narrower than initially predicted. It takes 218 seats to win a majority in the chamber, and as of publication, Republicans hold 212 with a number of districts still yet to be called. 

The change in party control means a change in leadership and shake-ups at the committee level. Minority Leader McCarthy is expected to run for Speaker of the House, while Minority Whip Steve Scalise has thrown his hat in the ring for Majority Leader – but there’s much uncertainty and infighting within the caucus. 

Senate

Control of the Senate will remain in the hands of Democrats. Over the weekend, Nevada’s Senate race was called for incumbent Catherine Cortez Masto – making Georgia’s runoff election slightly less contentious. 

A closely watched Senate race in Pennsylvania flipped in favor of Democrats: legalization advocate John Fetterman (D) defeated TV-personality and New Jersey resident Dr. Oz (R). We continue to closely monitor the races in Alaska and Arizona and what their outcomes may mean for cannabis reform. 

Lame Duck Session

The likelihood of a split Congress means that the lame duck session happening between now and January will be jam-packed. In addition to must-pass legislation like the National Defense Authorization Act (NDAA) and a budget/omnibus bill of some type, Democrats will also be focused on other topics like judicial nominations, the debt ceiling, and hopefully the SAFE Banking Act. 

LITTLE ROCK, Ark. (AP) — Voters approved recreational marijuana in Maryland and Missouri but rejected it in two other states, signaling support gradually growing for legalization even in conservative parts of the country.

The results mean that 21 states have now approved marijuana’s recreational use. Arkansas and North Dakota voters rejected legalization proposals in Tuesday’s elections. A similar initiative went before voters in South Dakota, but early Wednesday it was too early to call.

Advocates said the results send a message to lawmakers in Washington about support around the country for legalization.

“A growing number of voters recognize that cannabis policy reform is in the best interest of public health and safety, criminal justice reform, social equity, and personal freedom,” Toi Hutchinson, president and CEO of the Marijuana Policy Project, said in a statement. “State-level legalization victories are what’s necessary to move the needle forward at the federal level.”

The state voting follows moves by President Joe Biden toward decriminalizing marijuana. Biden last month announced he was pardoning thousands of Americans convicted of simple possession of marijuana under federal law.

Advocates of the marijuana initiatives have said Biden’s announcement could give a boostto their efforts.

Missouri’s measure will legalize recreational marijuana for adults 21 and older and expunge records of past arrests and convictions for nonviolent marijuana offenses, except for selling to minors or driving under the influence. [Read More @ AP News]

Voters Tuesday rejected Statutory Measure 2, which would have created a new chapter of the North Dakota Century Code legalizing the production, processing, and sale of cannabis. It would have also legalized the possession and use of various forms of cannabis by anyone 21 years of age or older.

Statutory Measure 2 was one of only two voter initiatives on the ballot in North Dakota. The other bill, Statutory Measure 1, would have implemented term limits for the governor and legislators. 

It would have also tasked the state health department with setting up industry regulations by Oct. 1, 2023, and cap the number of cultivation facilities at seven and the number of retail dispensaries at no more than 18. Other details like taxation would be left to the state’s Legislature.

Under the bill, adults 21 and older would have been able to purchase and possess up to one ounce of cannabis, four grams of concentrate and flower produced from up to three plants grown at home for personal use.

The bill would have allowed for only a maximum of seven cultivation facilities and 18 cannabis retailers. 

North Dakotans rejected an adult-use cannabis legalization measure also in 2018 by a vote of nearly 60%.

The measure was heavily based on language from a legislative cannabis proposal, House Bill 1420, which was approved by the North Dakota House of Representatives in 2021.

Last July, New Approach ND turned in enough signatures for the legalization measure to qualify, and Secretary of State Al Jaeger certified the initiative the next month.

North Dakota voted against legalization in the 2018 midterm elections, and the legislation ended up with the same fate this year. 

Voters in five states, including four that are among the most conservative in the country, are deciding on whether to legalize recreational marijuana this election. If passed in each state, Arkansas, Maryland, Missouri, North Dakota and South Dakota would join 19 other states and the District of Columbia where cannabis has already been legalized for personal use.

All except Maryland backed Donald Trump in the 2020 presidential election, underscoring that the legalization effort increasingly spans the political spectrum and is even gaining support in some of the most overwhelmingly Republican parts of the nation.

A recent poll from Monmouth University shows 68% of the American public supports legalizing the possession of small amounts of marijuana for personal use. The support crosses gender, age, income and education differences, polling shows. In addition to the 19 states that have legalized personal recreational use, 37 states now allow pot for medical purposes.

“The more people learn about cannabis and cannabis policy, the more we see them support making cannabis legal and regulating it and treating it like alcohol,” says Mason Tvert a partner at the marijuana policy and public affairs firm VS Strategies. “This is an issue that is broadly supported by Americans of all political stripes, conservatives and progressives,” he says.

[Read more at NPR]

By Madeline Grant, NCIA’s Government Relations Manager

The midterm elections are quickly approaching with less than three weeks away. Not only will the elections determine the balance of power in Congress, but local elections and ballot measures are set to make a big impact across the country. As the midterm elections approach, another 20 million Americans could soon be living in a state where anyone at least 21 years old can legally possess marijuana. There are six states with recreational cannabis legalization initiatives or referendums on the ballot this November: Arkansas, Maryland, Missouri, North Dakota, Oklahoma, and South Dakota. Let’s take a closer look at each state:

Arkansas

Although the Arkansas Board of Election Commissioners rejected the ballot question in August, the state Supreme Court cleared the way for the question to make it to the poll. The Responsible Growth Arkansas campaign submitted about 193,000 signatures- more than double what’s required to qualify the constitutional amendment- in July. If the initiative, Issue 4/ the Marijuana Legalization Initiative, is approved by voters, it would allow adults 21 years and older to legally possess up to an ounce of cannabis. It would implement a 10 percent tax on sales and require the state’s Alcoholic Beverage Control Division to develop rules for businesses, according to Ballotpedia. The initiative does not allow for home cultivation, and it has no provisions to expunge cannabis-related criminal records. For more specifics on what the initiative would accomplish read HERE.

Maryland

When Marylanders head to the polls in November, they will be asked to approve or reject legislation that allows adults 21 and over to possess, use, or grow small amounts of cannabis. If passed, the referendum would open the door to creating a taxed and regulated recreational cannabis industry in the State. State lawmakers have been paving the way for future cannabis legalization when they passed two separate bills in April of this year. House bill 837, which is set to go into effect in July 2023, would allow anyone over the age of 21 to possess up to 1.5 ounces of cannabis, with anything between 1.5 and 2.5 ounces subject to a civil fine of $250 and anything above 2.5 ounces subject to a charge of possession and intent to distribute. The second bill, House Bill 1, established that the question of legalization would be put to voters via a referendum on the November ballot. It’s important to note that this bill does not establish the regulatory framework for the recreational market, and state lawmakers will need to return next session to build out a framework for the cannabis industry if the referendum passes in November. A recent Goucher poll found that 62 percent of residents- including about half of Republicans- support legalizing recreational cannabis, with just 34 percent opposed. 

Missouri

After a long battle between the Legal Missouri 2022 and prohibitionists, an initiative to legalize cannabis in Missouri officially cleared for ballot placement this September. Joy Sweeny, who is affiliated with the Community Anti-Drug Coalitions of America (CADCA), filed a lawsuit, alleging that the legalization initiative violated the single-subject rule for ballot measures under the state Constitution and that the signatures were improperly certified, according to Marijuana Moment. Two lower courts dismissed the challenge, so Sweeney sought to bring it directly to Missouri’s Supreme Court, where they would not take the case. Missouri Amendment 3, Marijuana Legalization Initiative (2022) would legalize the purchase, possession, consumption, use, delivery, manufacturing, personal use for adults over the age of 21; allow individuals convicted of nonviolent cannabis-related offenses to petition to be released from incarceration and/or expungement; and exact a 6 percent tax on the sale of cannabis.

North Dakota

The campaign New Approach ND delivered 25,762 signatures to the secretary of state’s office in July 2022. A month later, Secretary of State Al Jaegar’s (R) office approved the measure, certifying that the campaign had submitted enough valid petitions to put the measure before voters, according to Marijuana Moment. The initiative would allow adults 21 and older to purchase and possess up to one ounce of cannabis and grow up to three plants for personal use. The legalization proposal will now be designated as “Measure 1” on the ballot this November. 

Oklahoma

Republican Governor Kevin Stitt issued an executive order on October 18 setting a special election to determine if legal sales of cannabis should be extended to anyone at least 21 years old or older. Oklahomans for Sensible Marijuana collected far more than 95,000 signatures required to make the November ballot. However, because the contractor hired by the Oklahoma Secretary of State’s office took 48 days to certify the signatures, there wasn’t time for the initiative to be placed on the November ballot. The group unsuccessfully sued the state in hopes of forcing the question. The court said, despite sufficient signatures to qualify for the ballot, the measure was held up by bureaucratic requirements, protest deadlines and a new signature-counting software. Nevertheless, Governor Stitt issued the executive order and Oklahomans for Sensible Marijuana Laws will have less than five months to make their case to voters for why legalization should be extended to anyone at least 21 years old. It’s important to note that when Oklahoma voters legalized medical cannabis in 2018 there was evident opposition from practically every elected official, health care group, law enforcement official, and business organization in the state. 

South Dakota

Similar to North Dakota, in May 2022 the secretary of state’s office confirmed that South Dakotans for Better Marijuana Laws (SDBML) turned in a sufficient number of signatures to qualify a cannabis legalization measure for the November ballot. In the 2020 election SDBML’s success at the ballot was overruled by the state Supreme Court as a result of a legal challenge funded by Governor Kristi Noem’s (R) administration. The court ruled that the measure violated a single-subject rule for ballot initiatives. Ironically, Governor Noem made comments pledging to implement cannabis legalization if voters approve the ballot initiative at an event this past August. Some advocates believe she has no choice but to pivot her support now that she is up for reelection. With SDBML’s success this year, South Dakotans will vote on the ballot measure in November. 

There is no denying that 2022 is a big year for cannabis policy reform. Although state campaigns have met challenges through the courts, state officials, governors, prohibitionists, law enforcement, and more; it is evident that there is no stopping the voice of the people. As the country gears up for the midterm elections, all of these states will continue to educate and campaign for the recreational passage of cannabis. The 2022 midterm elections come on the heels of President Biden’s announcement to pardon thousands of people convicted of marijuana possession under federal law and review whether marijuana should be in the same legal category as drugs like heroin and LSD. The timing of President Biden’s announcement illustrates an important fundamental change in America’s response to cannabis and the National Cannabis Industry Association is hard at work on Capitol Hill to continue educating Congress. 

Make sure to stay informed as we head towards the lame duck session via our newsletter and social media platforms and don’t forget to register for NCIA’s upcoming 11th Annual Cannabis Industry Lobby Days in May 2023! If you’re interested in learning more about our policy work please reach out to madeline@thecannabisindustry.org. 

Currently, adult-use cannabis is legal in 19 states, two territories and Washington, D.C., with medical cannabis legal in 37 states, three territories and D.C. If all five states approved adult-use cannabis, nearly half the U.S. population would reside in a jurisdiction where the possession and use of cannabis is legal for adults.

And, while many of these states have a reputation for leaning more conservative, this year also shows the progress behind cannabis reform, with political parties slowly becoming less and less relevant.

As Americans collectively look ahead to midterms, let’s take a closer look at the cannabis policy these states will consider this year:

Arkansas – Issue 4

Back in 2016, Arkansas voters legalized medical cannabis, by a vote of 53.11% to 46.89%, winning in 38 of the state’s 75 counties. This November, Arkansans will vote on Arkansas Issue 4, or the Arkansas Adult Use Cannabis Amendment.

What it does: The amendment would authorize the possession, personal use and consumption of cannabis by adults who are at least 21 years of age. Residents would be allowed possession and use of up to one ounce of cannabis. The amendment would also come with a 10% tax on cannabis states, requiring the state’s Alcoholic Beverage Control Division to develop rules to regulate cannabis businesses. 

The amendment that legalized medical cannabis in the state allowed for a maximum of 40 dispensaries and eight cultivators; this year’s recreational amendment would increase the maximum number of cultivation facilities to 20 and the maximum number of dispensaries to 120.

What the polls say: The last poll of Arkansas voters on this initiative was back in September, finding that voters backed the initiative by a 2-to-1 margin. The Talk Business & Politics-Hendrix College survey of 835 likely Arkansas voters was conducted September 12 and found that 58.5% were for the initiative, 29% were against it and 12.5% were unsure.

The same organization ran a similar poll back in February, surveying 961 likely Arkansas voters, and still found that a majority of voters supported adult-use cannabis: 53.5% said they supported adult-use cannabis, 32% said they supported medical cannabis only, 10.5% said cannabis should be illegal and 4% said they were unsure.

Maryland – Question 4

Maryland legalized medical cannabis in 2014, facilitating sales since 2017, and the momentum for reform has grown in the state since. Medical usage is booming: As of November 2021, the Maryland Medical Cannabis Commission reported nearly 150,000 state-registered patients and about $600 million in sales, according to state regulators—a huge leap from 2020’s $423 million and 2019’s $255 million in revenue.

Now, voters decide whether or not to keep the cannabis train moving, with Maryland Question 4, or the Marijuana Legalization Amendment.

What it does: The amendment legalizes cannabis for adults 21 and older beginning July 2023, directing the Maryland State Legislature to pass laws for the use, distribution and taxation of cannabis.

The General Assembly also passed companion legislation that would become effective upon 4’s passing and provide additional clarity around the implementation of the amendment. House Bill 837 clarifies that, should Question 4 pass, the possession of up to 1.5 ounces of cannabis or 10 grams of cannabis concentrate would immediately be decriminalized, only subject to small administrative fines. After June 30, 2021, possessing these amounts of cannabis would be completely legal.

HB 837 also notes that residents would be allowed to cultivate up to two cannabis plants per household. All prior cannabis possession convictions that would be legal under the new provisions will also automatically be expunged, with those currently serving time allowed to apply for resentencing of possession convictions. 

What the polls say: Polling has shown consistent support for cannabis over the years among Maryland residents. The two most recent polls from Goucher College and Washington Post/The University of Maryland both took place in September. 

The Goucher poll ultimately found that 59% indicated they would vote to approve the question, with 34% against and 7% undecided. The Post poll shows even more support, with 73% in favor of legalizing adult-use cannabis, with 23% against and 4% stating “no opinion.” 

Support has been consistent, with a 2019 Post-UMD poll finding that 66% of Maryland residents supported legalizing cannabis and using its tax revenue for educational programming and another Goucher poll from March 2022 finding 62% of Maryland residents supported legalizing recreational cannabis. Ultimately, many experts expect voters will likely pass the bill.

Missouri – Amendment 3

Four years following a successful public initiative to legalize medical cannabis in Missouri, and just two years after sales officially launched across the state, Missouri voters are revisiting cannabis at the ballot box with Missouri Amendment 3.

What it does: A yes vote for Amendment 3 amends the Missouri Constitution to legalize the purchase, possession, consumption, use, delivery, manufacture and sale of cannabis for personal use for adults over 21 years of age. The amendment would also allow people with certain cannabis-related offenses to petition for release from prison, or parole and probation, and have their records expunged. Additionally, it would enact a 6% tax on the retail price of recreational cannabis.

The petition also outlines a system that would grant 144 additional licenses for “microbusiness facilities,” comprised of six dispensaries and 12 wholesale facilities in each of Missouri’s congressional districts. The licenses will be selected through a lottery process, and licensees would be allowed to manufacture and cultivate cannabis products.

What the polls say: A number of new polls shed light on the potential outcome of the vote, though they might leave folks with more questions than definitive answers.

One mid-September poll by Remington Research Group, commissioned by Missouri Scout, found that just 43% of respondents supported Amendment 3, with 47% against and 10% unsure. Results from another poll, from Emerson College Polling and The Hill, were shared at the end of September, finding that 48% of respondents back the legalization proposal, while 35% were opposed and 17% were unsure.

Another poll, conducted in mid-September by SurveyUSA, complicates things further: It found that 62% of voters are “certain to vote yes” on Amendment 3, with 22% opposed and 16% unsure. With the available data and time ticking away until Voting Day, many have indicated that this specific vote is a toss-up.

North Dakota – Statutory Measure 2

North Dakota voters passed Measure 5, the North Dakota Compassionate Care Act, back in 2016, authorizing the sale of medical cannabis. It took two years for the North Dakota Legislative Assembly to create regulations, and in 2019, Governor Doug Burgum reduced cannabis possession penalties and expanded the list of qualifying conditions for medical cannabis patients.

This year, voters will decide whether or not the state will go a step further, with Statutory Measure 2.

What it does: The measure would create a new chapter of the North Dakota Century Code, legalizing the production, processing and sale of cannabis and the use of “various forms of cannabis” for adults 21 years old and up. Specifically, it would legalize possession of up to one ounce of cannabis, four grams of concentrate and 500mg of THC in an infused product. Adults in the state who are of age would also be allowed to grow up to three cannabis plants, and the measure requires the Department of Health and Human Services to establish rules regulating the market by October 1, 2023. 

Under the measure, the department could also license seven cultivation facilities and 18 cannabis retailers.

What the polls say: North Dakota is a fairly conservative state, where voters rejected a similar ballot measure in 2018 to legalize cannabis 59.45% to 40.55%.

One July poll from The Dickinson Press looked specifically at southwest North Dakota readers, finding that 39% supported the measure, 43% were opposed and 18% didn’t have a preference. The paper also suggested that opinions may have shifted in the area over time, as a similar 2018 poll found southwestern North Dakotans supported that year’s legislation 60% to 40%, despite the outcome.

Unfortunately, there aren’t any other publicized and recent polls on the issue. However, one key difference this year, versus 2018’s effort, that could push the conversation in another direction is money, U.S. News and Associated Press reports. Four years ago, cannabis advocates had little money for their efforts, but this year, the North Dakota legalization group has received more than $520,000.

Additionally, the North Dakota Petroleum Council, which helped fund opposition to the measure in 2018, will not contribute to the fight against cannabis legalization this time around, according to the group’s president Ron Ness. 

There are several factors that could spell success for the effort, but unfortunately without more concrete polling data, it’s tough to anticipate where the vote could go.

South Dakota – Initiative Measure 27

After passing the state’s medical cannabis legalization initiative in 2020, with the state’s first licensed dispensary opening its doors July 2022, South Dakota voters will once again vote on cannabis with Initiative Measure 27. The state has a storied history with cannabis, leaving the vote this year a bit different than some of the other states posing similar questions.

What it does: A yes vote for Initiative Measure 27 supports the legalization of possession, distribution and use of cannabis for people 21 years old or older. The measure does not address licensing, taxation, local government regulations of cannabis or hemp regulations.

In 2020, along with medical cannabis, voters approved Amendment A. The amendment would have legalized recreational cannabis; authorized the State Department of Revenue to issue cannabis-related licenses for cultivation, testing, manufacturing, wholesale and retail; imposed a 15% tax on cannabis sales; authorized local governments to enact regulations for licensees in their jurisdictions; and required the state legislature to pass laws providing a program for medical cannabis and hemp.

Voters approved the measure 54% to 46% in the November 3, 2020 general election, but the Supreme Court overturned the measure February 8, 2022, with Judge Christina Klinger ruling it was unconstitutional for violating South Dakota’s single-subject rule (state law says constitutional amendments can only cover a single issue) and because it was a revision of the constitution rather than an amendment.

This time around, advocates aren’t risking invalidation, instead moving forward to strictly enforce legalization. Cannabis sales could come at a future date, if separate laws are passed by lawmakers or voters.

What the polls say: While voters just approved a similar initiative two years ago, with even more directly attached to it, recent polls show that South Dakotans are split on the issue.

South Dakota State University released results of their survey of South Dakota voters earlier this month, finding that 45% supported the measure, 47% were against and 8% were not sure. Another poll from Mason-Dixon Polling & Strategy of Florida, conducted in July, found that 43.8% of respondents supporting legalization of recreational cannabis, while 54.4% opposed it. 

___

We can theorize all we want, but of course we’ll have to collectively hang tight to witness the final outcomes in these states. While we might not see all five states enacting cannabis reform this year, we’re likely to escape election season with a little more state support for recreational cannabis.

Once again, South Dakota voters will determine the issue of legalizing marijuana in the state.

Initiated Measure 27 would legalize marijuana in small amounts for people age 21 and older. On this week’s Inside KELOLAND, representatives in favor of IM 27 and against IM 27 shared their views in a heated, but civil, discussion on the issue. You can watch the full show in the player above.

Matthew Schweich from the “Yes on 27” Campaign and Dr. Bonnie Omdahl represented the group called Protecting South Dakota Kids. Both Omdahl and Schweich provided links to data they referenced during the discussion and you can find those documents attached in this story further below.

To start, KELOLAND’s Tom Hanson asked both Omdahl and Schweich to outline their group’s perspective on IM 27.

“Our organization takes the position that marijuana is an incredibly dangerous drug and we know that through a lot of medical research,” Omdahl said. “When you legalize drugs, look at alcohol and tobacco. Does that mean kids don’t get access to it? Of course it doesn’t. And if you look at the states that have legalized it, children’s use has gone up. And that’s our position that it’s a dangerous drug.”

Schweich responded by saying his campaign believes arresting people for cannabis is a waste of law enforcement time and resources.

[Read more at Keloland]

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In this edition of our NCIA Committee Insights series originally aired on Wednesday, September 28, 2022 members of NCIA’s State Regulations Committee convened a panel of government affairs, business development and licensing experts for an in-depth discussion focusing on cannabis ballot initiatives up for a vote this coming November.

They provided a detailed overview on the status of each campaign so that you’ll learn how best to position yourself for success and what you can do to help push these efforts across the finish line. If you’re considering business Arkansas, Maryland, Missouri either of the Dakotas then this session is specifically geared for you.

At the conclusion of the discussion they hosted a moderated Q&A session to provide NCIA members an opportunity to interact with leading minds from the cannabis regulatory and licensing space, join today to contribute to future conversations!

Learning Objectives:

• Provide practical information to NCIA members about the cannabis ballot initiatives and potential new business opportunities.

Presentation Slide Deck: https://bit.ly/3RD8ivn

Panelists:

Sumer Thomas
Director of Regulatory Operations
Canna Advisor

Nicola Batten
CEO & Founder
koLaB Consulting

Larry Luksha
Government Relations & Business Development
Veritec Solutions

Joseph Smith
Senior Managing Associate
Thompson Hine LLP