State Legal Cannabis in 2018: Status Report (Part II)

Last week, we discussed New Jersey, Oklahoma, Michigan, and Virginia’s recent legislative and/or referendum developments in ending marijuana prohibition.

Today, we look at the three other states that will decide the fate of recreational and medical marijuana locally during the November election.

North Dakota

Last month, North Dakota’s recreational pot measure, Measure 3, was approved for bringing the matter to a public vote. Legalize ND, the committee that introduced this measure, managed to submit more than the 13,452 valid petition signatures which are required to get a measure on the November ballot.

Measure 3 aims to legalize marijuana use by people 21 and older and seeks to seal the records of anyone convicted of a marijuana-related crime.

In May, the North Dakota Sheriff’s and Deputies Association introduced a measure opposing Measure 3 as it believes legalizing recreational marijuana would create more problems for law enforcement, such as more impaired drivers and fatalities. Another anti-legalization organization, Smart Approaches, is also working to oppose the ballot measure.

In response, Legalize ND is planning to bring in members of Law Enforcement Against Prohibition, better known as LEAP, a pro-legalization organization composed of former and current police officers, federal agents, judges and prosecutors, that are critical of existing drug policies.

Utah

Although Utah is a rather conservative state, state voters are ready to decide the fate of medical marijuana ballot measures.

Proponents of Utah Proposition 2 collected about 200,000 signatures, which is roughly 80,000 more signatures than is required for ballot inclusion.

If the measure were approved, patients suffering from qualifying medical conditions with medical cards would be able to buy up to 2 ounces of unprocessed marijuana with no more than 10 grams of tetrahydrocannabinol (THC) or cannabidiol (CBD) every two weeks. The measure would continue to ban smoking marijuana, driving under the influence of marijuana, or using marijuana in public view except in a medical emergency.

Missouri

Missouri voters will get to choose from three medical marijuana measures in the November ballot. Two of the ballot measures are constitutional amendments; the third one is a statutory change. Although the details of the three measures vary, all would provide legal protection to patients and would regulate the production, processing and retail sales of cannabis.

New Approach Missouri championed one of the proposed constitutional amendments, which would allow doctors to recommend medical cannabis for any medical condition they see fit. Registered patients would be allowed to grow up six marijuana plants and purchase up to four ounces from dispensaries each month. A four percent tax would be imposed on the sales of medical cannabis.

The other proposed constitutional amendment, backed by Find the Cures, would let doctors recommend medical marijuana to patients who suffer from one or more of the listed qualifying conditions. The retail sales tax, which would be set at 15 percent, would be used to support research to develop cures and treatments for cancer and other diseases.

Lastly, the proposed statutory change, sponsored by Missourians for Patient Care, would also afford access to medical marijuana to qualifying patients who suffer from specific conditions. Under this measure, sales would be taxed at 2 percent.

Undoubtedly, it will to be a busy election season for the legal marijuana industry. We will keep you posted on any other legislative or referendum developments between now and the November 6 election.