It’s Election Day and there is no more important day if you are a marijuana consumer or a legalization supporter. Voters in an unprecedented nine states are deciding on statewide ballot measures to legalize and regulate marijuana use.
Adult Use Ballot Initiatives
Arizona
Election Night Results: 47.8 percent approve, 52.2 disapprove with 81.7 percent reporting
Name: Arizona Regulation and Taxation of Marijuana Act
Ballot Number: Proposition 205
Proponents: The Campaign to Regulate Marijuana Like Alcohol (Marijuana Policy Project)
Summary: Permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to five grams of concentrates) while also licensing commercial cannabis production and retail sales. The law imposes a 15 percent tax on commercial marijuana sales, much of which is earmarked for school construction. Under the law, regulators must adopt rules governing the commercial production and retail sales of marijuana by September 1, 20
Read the full text of the measure here.
California
Election Night Results: 55.6 percent approve, 44.4 percent disapprove with 42.5 percent reporting
Name: Adult Use of Marijuana Act
Ballot Number: Proposition 64
Proponents: Let’s Get It Right CA
Summary: Permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. (Medical cannabis patients are not subject to these limits.) The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative does not “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” Several other marijuana-related activities not legalized by the measure are reduced from felonies to misdemeanors. The law also provides for re-sentencing consideration for those found guilty of prior marijuana convictions. The revised marijuana penalties take effect on November 9, 2016. Retail sales of marijuana by state-licensed establishments are scheduled to begin under the law on January 1, 2018. On site consumption is permitted under the law in establishments licensed for such activity. Large-scale corporate players are restricted from becoming involved until 2023.
Read the full text of the initiative here.
Maine
Election Night Results: 50.5 percent approve, 49.5 percent disapprove with 85.9 percent reporting
Name: Marijuana Legalization Act
Ballot Number: Question 1
Proponents: Campaign to Regulate Marijuana Like Alcohol
Summary: Permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants, and/or up to 12 immature plants) and to possess personal use quantities of cannabis (up to two and one-half ounces of herbal cannabis) while also licensing commercial cannabis production and retail sales. The law imposes a 10 percent tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses. On site consumption is permitted under the law in establishments licensed for such activity. The new law takes effect within 40 days. Regulations for marijuana-related businesses are scheduled to be in place by August 8, 2017.
Read the full text of Question 1 here.
Massachusetts
Election Night Results: 53.4 percent approve, 46.6 percent disapprove with 93.9 percent reporting
Name: The Regulation and Taxation of Marijuana Act
Ballot Number: Question 4
Proponents: The Campaign to Regulate Marijuana Like Alcohol in Massachusetts
Summary: Permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce and/or up to 5 grams of concentrate; in addition, adults may legally possess up to ten ounces of marijuana flower in their home) while also licensing commercial cannabis production and retail sales. The law imposes a 3.75 percent excise tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses. The new law takes effect on December 15, 2016. Regulators are scheduled to begin accepting applications from marijuana-related businesses on October 1, 2017.
Read the full text of Question 4 here.
Nevada
Election Night Results: 54.3 percent approve, 45.7 percent disapprove with 68.5% reporting
Name: Nevada Marijuana Legalization Initiative
Ballot Number: Question 2
Proponents: Coalition to Regulate Marijuana Like Alcohol in Nevada
Summary: Permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to 3.5 grams of concentrates) while also licensing commercial cannabis production and retail sales. (Home cultivation is not permitted if one’s residence is within 25 miles of an operating marijuana retailer.) Commercial marijuana production is subject to a 15 percent excise tax, much of which is earmarked to the State Distributive School Account. The new law takes effect on January 1, 2017. Regulations governing commercial marijuana activities must be in place by January 1, 2018.
Read the full text of the initiative here.
Medical Use Ballot Initiatives
Arkansas
Election Night Results: 53.2 percent approve, 46.8 percent disapprove with 98.2 percent reporting
Name: The Arkansas Medical Marijuana Amendment
Ballot Number: Issue 6
Proponents: David Couch
Summary: Amends the state constitution to permit qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. The home cultivation of cannabis is not permitted under the law. Under the law, regulators will license up to 40 dispensary providers and up to eight marijuana cultivators. The new law takes effect on November 9, 2017. Regulators have 120 days following the law’s enactment to develop rules overseeing the new medical marijuana program.
A summary of the Amendment is available here.
Florida
Election Night Results: 71.3 percent approve, 28.7 percent disapprove with 100 percent of the vote counted
Name: Use of Marijuana For Debilitating Conditions
Ballot Number: Amendment 2
Proponents: United For Care
Summary: Amends the Florida state constitution so that qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Under the law, a “debilitating medical condition” for which marijuana may be recommended includes is defined as “cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.” The home cultivation of cannabis is not permitted under the law. Department of Health regulators must begin issuing patient identification cards within nine months of the law’s enactment.
Read the full text of Amendment 2 here.
Montana
Election Night Results: 56.3 percent approve, 43.7 percent disapprove with 63 percent reporting
Name: Montana Medical Marijuana Initiative
Ballot Number: I-182
Proponents: Montana Citizens for I-182
Summary: Expands the state’s medical marijuana laws. It permits licensed medical marijuana providers to serve more than three patients at one time and allows for providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. It removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state. The new law takes effect on June 30, 2017.
Read the full text of the initiative here.
North Dakota
Election Night Results: 63.7 percent approve, 36.3 percent disapprove with 98.6 percent reporting
Name: The North Dakota Compassionate Care Act 2016
Ballot Number: Measure 5
Proponents: North Dakota Compassionate Care
Summary: Permits qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Those who reside 40 miles or more away from an operating medical marijuana dispensary are permitted to grow limited quantities of marijuana (up to eight flowering plants) at home. The new law takes effect 90 days following voter approval.
Read the full text of the initiative here.