Ballot Measures

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Oregon Initiative Would Decriminalize Psilocybin [FEATURE]

An initiative that would decriminalize most psilocybin offenses and open the door to regulated production and therapeutic use of the psychedelic substance in Oregon is moving forward.

Magic mushrooms could be decriminalized under the Oregon Psilocybin Service Initiative (Wikipedia)
Late last month, the secretary of state approved ballot title language for the Oregon Psilocybin Service Initiative. The next step is a signature-gathering drive to qualify the measure for the 2020 ballot. Some 117,578 valid voter signatures are required, and petitioners have until next July to obtain them.

Under the initiative, anyone possessing up to 50 grams of dried magic mushrooms or 10 doses of psilocybin would not be charged with a crime, but with a violation similar to a speeding ticket. The only punishment would be a fine. Similarly, distribution of up to 50 grams or 10 doses without a license would be a violation -- unless that person has two or more prior felony convictions, in which case, he would be hit with a misdemeanor.

As quantities possessed increase, so do the potential penalties. Possession of more than 50 but less than 100 grams would still be a violation, except for the two prior felony folks, who would then face a misdemeanor. Possession of more than 100 grams but less than 500 would still be a violation, except for people with one or more previous felonies, who again would face a misdemeanor. Possession of more than 500 grams but less than a kilogram would be a misdemeanor for all. It would take possessing more than two kilograms to earn a felony charge for all.

Similarly, unlicensed sales of up to 50 grams or 10 doses would not be a crime but a violation punishable only by a fine-- unless that person has two or more prior felony convictions, in which case, he would be hit with a misdemeanor. Penalties gradually stiffen, but under the initiative, it would take the sale of more than 15 kilograms to trigger felony charges for anyone regardless of prior criminal history.

Under federal law, possession of any amount of psilocybin is a felony. Under Oregon state law, though, possession of small amounts is only a misdemeanor, although possession of "substantial amounts" (more than 60 grams) is a felony, as is distribution.

But while the changes in the state's criminal code would be significant, the primary goal of the petitioners is to clear the way for the therapeutic use of psilocybin via licensed and regulated producers, processors, and therapists.

"The intent of the 2020 Psilocybin Service Initiative of Oregon is to advance a breakthrough therapeutic model currently being perfected in research settings at top universities around the world," chief petitioners Tom and Sheri Eckert wrote on the campaign web site. "The service model involves a sequence of facilitated sessions, including assessment and preparation, psilocybin administration, and integration afterward. We envision a community-based framework where licensed providers, along with licensed producers of psilocybin mushrooms, blaze trails in Oregon in accordance with evolving practice standards."

The move comes as both the public and the scientific community are shifting their opinions on marijuana and psychedelics. Recent studies have demonstrated the beneficial effects of therapeutic use, including reducing anxiety in people with cancer and as a treatment for depression and alcoholism. There is also new evidence that magic mushrooms are among the safest recreational drugs.

Chronicle AM: Prospects Dim for First Step Act, UT MedMJ Advocates File Suit, More.... (12/7/18)

The surgeon general suggests it's time to revise federal drug schedules, the First Step Act is being held hostage by Mitch McConnell, Utah patient advocates sue to block a legislative gutting of the voter-approved medical marijuana law, and more.

A prison and sentencing reform bill is running out of time on Capitol Hill. Blame Mitch McConnell. (nadcp.org)
Marijuana Policy

Missouri Legalization Bill Filed. Rep. Brandon Ellington (D) has pre-filed House Bill 157, which would allow adults to possess up to two ounces of marijuana and grow up to six plants, with three plants flowering at one time. The bill does not create a system of taxed and regulated marijuana commerce.

Medical Marijuana

Utah Advocacy Groups Sue to Block Compromise Agreement on Medical Marijuana. A pair of patient advocacy groups filed suit Thursday to block a legislative agreement that supersedes the voter-approved medical marijuana initiative passed in November. The groups accuse the Mormon Church of unconstitutional interference in a process that led to the gutting of the measure approved by voters. The lawsuit seeks an injunction to set aside the revised medical marijuana law approved by the legislature and to keep the original version in the initiative.

Drug Testing

Wisconsin Lame Duck GOP Legislature Pushes Through Food Stamp Drug Testing. As part of the GOP-dominated legislature's effort to weaken the incoming Democratic governor and other state officials, the legislature passed a sweeping measure imposing restrictions on welfare recipients, including a requirement for drug screening and testing of people apply for food stamps. If outgoing Gov. Scott Walker (R) signs the bill, Wisconsin will be the first and only state that requires drug testing for many non-felon food stamp applicants.

Law Enforcement

Surgeon General Says Federal Drug Classification Scheme Needs Changes. The country's drug classification needs an overhaul, but that doesn't mean drugs should simply be decriminalized, US Surgeon General Jerome Adams said Thursday. "Our scheduling system is functioning, but not as ideally as it could," he said of the federal schedule for controlled substances maintained by the Drug Enforcement Administration and the Food and Drug Administration. "Things aren't static. We have to continue to evolve. Just as we need to look at our criminal justice laws, we need to look at our health laws and regulations, and that includes the scheduling system," Adams said.

Sentencing Reform

The Door is Closing on the Federal Prison and Sentencing Reform Bill. Prospects for passage of the First Step Act (S. 3649) grow dimmer as the clock ticks down on the end of the congressional session later this month. Senate Majority Leader Mitch McConnell hasn't made it official, but he has told Republicans there is almost no time left to take up the bill, and Senate Republicans left town Thursday afternoon without taking up the topic at two party lunches this week. "Each passing day they get less," said Sen. Rand Paul (R-KY) of the bill's chances. "We're still lobbying Sen. McConnell. He has all the power to allow it or not allow it."

Chronicle AM: Trump's Chinese Fentanyl Flub, UT MedMJ Law Amended, More... (12/4/18)

There's a bunch of medical marijuana news today, and President Trump misstates a Chinese position on fentanyl.

The president was unclear on just what China promised regarding fentanyl and synthetic opioids. (Gage Skidmore/Creative Commons)
Medical Marijuana

Minnesota Adds Alzheimer's to List of Qualifying Conditions. The state Department of Health announced Monday that it was adding the degenerative neurological disorder to the medical marijuana program, despite concerns about the effectiveness of treatment with marijuana. "Any policy decisions about cannabis are difficult due to the relative lack of published scientific evidence," said state Health Commissioner Jan Malcolm. "However, there is some evidence for potential benefits of medical cannabis to improve the mood, sleep and behavior of patients suffering from Alzheimer’s disease." Minnesota will become the 13th state to okay medical marijuana for Alzheimer's.

Pennsylvania to Consider Adding Qualifying Conditions. The state Medical Marijuana Advisory Board has approved a new process for expanding the state's list of qualifying conditions for medical marijuana and in coming weeks will begin accepting petitions for new qualifying conditions to be added to the list. Patient advocates are expected to petition for conditions such as depression, anxiety, and insomnia, among others.

Utah's Voter-Approved Medical Marijuana Law Amended. Lawmakers on Monday passed sweeping changes to the state's voter-approved medical marijuana law and Gov. Gary Herbert (R) immediately signed them into effect. The changes ban many marijuana edibles, prevent people from growing their own marijuana if they live far from a dispensary, and narrow the list of eligible medical conditions for which the drug can be obtained. Smoking medical marijuana wasn't allowed under the original ballot measure and still isn't. Opponents of the meddling with measure said the changes will create major obstacles for patients and are planning to sue to block the changes. "It's an almost complete disregard for the will of the people," attorney Rocky Anderson said.

Foreign Policy

Trump Misstated Changes in China's Fentanyl Policy. This past weekend, President Trump claimed he had persuaded the Chinese to make fentanyl a controlled substance, but he was mistaken. Fentanyl is already a controlled substance in China. What the Chinese announced was that they would shift the way it regulates synthetic opioids. Now, "China has decided to list all the fentanyl-like substances as controlled substances and start working to adjust related regulations," China's foreign ministry clarified.

Chronicle AM: Trump Pressures McConnell on Sentencing Reform, NJ Marijuana Bill Gets Hearing, More... (11/26/18)

The president wants to see criminal justice reform move in the Senate, New Jersey lawmakers take up marijuana legalization today, and more.

Mitch McConnell is getting pressured by the president to move on the First Step Act. (Gage Skidmore/Creative Commons)
Marijuana Policy

Minnesota Governor-Elect Says Legalize It. Incoming Democratic Governor Tim Walz says it's time for the state to get on the legalization bandwagon. "I just think the time is here and we're seeing it across the country," he said. "Minnesota has always been able to implement these things right." Wise's Democratic allies control the state House, but Republicans control the Senate.

New Jersey Legislature Takes Up Legalization Bill. Hearings are underway at the statehouse for the long-awaited marijuana legalization bill, S2703. The bill would legalize up to an ounce for adults and set up a system of taxed and regulated marijuana production and distribution. The bill sets a 12% tax rate on marijuana sales, which includes the state's 6.625% sales tax, but also would allow localities to seek up to 2% in additional marijuana taxes.

North Dakota Lawmaker Will File Decriminalization Bill. In the wake of November's failed legalization initiative, one lawmaker says he will file a decriminalization bill during the coming legislative session. State Rep. Shannon Roers Jones (R-Fargo) said her bill would probably decriminalize the possession of up to an ounce. Possession is currently a Class B misdemeanor.

North Dakota Initiative Campaigners Will Try Again in 2020. Legalize ND, the folks behind November's failed legalization initiative says it will be back in 2020. Group leader David Owen said he is "100% certain" the group will try again but with some changes. Next time, the proposal will contain provisions for tax revenues from sales and limits on how much individuals can grow and possess. This year's initiative lost 59%-41%.

Law Enforcement

Detroit Narcs Try to Arrest Each Other in Drug Bust Gone Awry. It was Keystone Cops in the Motor City earlier this month when a group of undercover Detroit narcs posing as drug dealers attempted to arrest another group of undercover Detroit narcs posing as drug buyers. The end result: A shouting match and shoving and punch-throwing brawl among more than two dozen armed police officers. "This is probably one of the most embarrassing things I've seen in this department," Detroit Police Chief James Craig said Monday. Two Detroit police officers were killed in a similar incident in 1986.

Sentencing Reform

Trump Urges McConnell to Act on Criminal Justice Reform. In a tweet last Friday, President Trump urged Senate Majority Leader Mitch McConnell (R-KY) to allow a prison and sentencing reform bill, the First Step Act (S.2795) to be voted on in the Senate. McConnell said last week there wasn't time to get the measure through this session, but he has faced intense lobbying pressure, not only from the president but also other Republican senators and the religious right. "Really good Criminal Justice Reform has a true shot at major bipartisan support," Trump said in the tweet. "@senatemajldr Mitch McConnell and @SenSchumer have a real chance to do something so badly needed in our country. Already passed, with big vote, in House. Would be a major victory for ALL!"

International

French National Assembly Approves Fines for Drug Use. The National Assembly last Friday approved a bill that introduces a fixed fine of 200 Euros for the use of drugs, and marijuana in particular. Since 1970, illegal drug use has been subject to up to a year in prison and up to a 3,750 Euro fine, but such sentences were rarely imposed, especially for marijuana. Some ministers on the left criticized the measure as disproportionately affecting poor young people and condemned the lack of involvement of health authorities.

Thai National Assembly Gives Preliminary Approval to Legal Medical Marijuana, Kratom. The National Legislative Assembly has accepted "in principle" amending the country's drug law to allow for the medicinal use of five substances, including marijuana and kratom. Under the amended law, the Office of the Narcotics Control Board will be assigned to designate areas to be used for the production of the drugs and the quantity to be produced.

Chronicle AM: NJ Legalization Bill Unveiled, UT MedMJ Fight Continues, More... (11/23/18)

New Jersey embraces industrial hemp and moves toward passing a marijuana legalization bill, New York's governor says a legalization bill will likely pass there next year, and more.

Hemp is coming to New Jersey. (votehemp.org)
Marijuana Policy

New Jersey Legalization Bill Finally Unveiled. Lawmakers on Wednesday unveiled the latest version of a marijuana legalization bill, S2703. The bill would legalize up to an ounce for adults and set up a system of taxed and regulated marijuana production and distribution. The bill sets a 12% tax rate on marijuana sales, which includes the state's 6.625% sales tax, but also would allow localities to seek up to 2% in additional marijuana taxes.

New York Governor Says Recreational Marijuana Bill Will Pass Sometime in 2019. Gov. Andrew Cuomo (D) said Wednesday that he expects his state to legalize marijuana next year, but he offered few details beyond that. "We now have a working group that is putting together a piece of legislation that would do it, because the devil is in the details: How do you do it, where do you do it, what are the ages, etc.? What is New Jersey doing? What has Massachusetts done?" Cuomo said. "So that legislation is being crafted. I expect it to be introduced next year. The when and the how we're not clear."

Medical Marijuana

Utah Medical Cannabis Act Revised Again. A bill aimed at replacing the voter-approved Prop 2 medical marijuana law has now been revised for a third time as legislators prepare to meet in special session to pass it. The newest version removes renter protections for patients, but increases the number of license for "cannabis pharmacies." Under the bill, a central pharmacy would ship marijuana to local health departments for patients to pick up, or patients could use the "cannabis pharmacies."

Industrial Hemp

New Jersey Governor Signs Industrial Hemp Bill. Gov. Phil Murphy (D) has signed into law S3145, which will establish a pilot program for research and cultivation of hemp. The bill had received nearly unanimous support in the legislature. "This pilot program is a win for local farmers who need a diversity of opportunities to compete in the global agriculture market," said state senator Declan O'Scanlon. "Hemp is growing in value as a cash crop, and I am sure the New Jersey economy, and our farmers will benefit from this pilot program."

Chronicle AM: NYC Marijuana Busts Way, Way Down; New Federal Fentanyl Sentences in Effect, More... (11/9/18)

New York City marijuana possession arrests plummet (finally), Utah patients will have some legal protection beginning next month, federal fentanyl sentences just increased, and more.

a lethal dose of fentanyl (DEA.gov)
Marijuana Policy

Michigan US Attorneys Warn That Federal Prohibition Remains in Force. In a joint statement released Thursday, US Attorneys for Michigan Matthew Schneider and Andrew Birge warned that even though voters there legalized marijuana on Tuesday, "marijuana continues to be an illegal drug under federal law" and that they "will not unilaterally immunize anyone from prosecution for violating federal laws simply because of the passage of Proposal 1." That said, the federal prosecutors then conceded "our offices have never focused on the prosecution of marijuana users or low-level offenders" and that "as we weigh the interests in enforcing a law, we must also consider our ability to prosecute with our limited resources."

Arrests for Low-Level Marijuana Possession have Decreased 90 Percent Following New NYPD Marijuana Guidelines. Arrests for low-level marijuana possession have plummeted 90 percent since new NYPD marijuana enforcement guidelines took effect in September. There were 151 arrests for low-level marijuana in the entire city of New York in September 2018, less than 10 percent of the 1,500+ arrests last September and 3 percent of the 4,300+ arrests that took place in September 2010. However, racial disparities in enforcement still persist, with Blacks and Latino people comprising around 80 percent of the 1,000 summonses issued for marijuana.

Medical Marijuana

Utah Patients Will Have Legal Protections Beginning December 1. Although it could take months or years for the state to get a medical marijuana cultivation and distribution system up and running, medical marijuana patients will win some protections from arrest and prosecution beginning on December 1. That's because the Prop 2 initiative approved by voters includes an "affirmative defense" provision protecting them from a criminal conviction. It doesn't explicitly protect patients from arrest, but the hope is that with little likelihood of a successful prosecution, police will have little incentive to actually arrest patients.

Heroin and Prescription Opioids

Harsher Federal Penalties for Selling Fentanyl-Laced Drugs Are Now in Effect. New federal sentencing guidelines that went into effect November 1 significantly increase the possible prison sentence faced by people who sell heroin or cocaine laced with fentanyl. The new guidelines "create a four-level enhancement for a defendant who knowingly misrepresents or knowingly markets as another substance a mixture containing fentanyl or a fentanyl analog," which translates into sentences nearly twice as long as previously. While the guidelines only apply to someone who intentionally sought to deceive buyers, the realities of the federal criminal justice system -- where the vast majority of cases end with plea bargains -- mean that prosecutors will rarely have to prove the intent to deceive.

Green Wave Update: Marijuana Initiatives Go Three for Four in Midterms, and More [FEATURE]

The expansion of legal marijuana continued apace in Tuesday's elections, with medical marijuana initiatives winning in Missouri and Utah and recreational marijuana winning in Michigan. The only loss for weed came in North Dakota, where voters approved medical marijuana two years ago but weren't ready to take the next step this year.

a glorious day in Michigan (and Missouri and Utah) (Creative Commons)
Michigan becomes the 10th state to legalize marijuana and the first one in the Midwest. With Missouri and Utah now joining the ranks, medical marijuana is now legal in 32 states.

In Michigan, the Proposal 1 legalization initiative was winning with 55.8 percent of the vote, with 96 percent of the vote counted as of Wednesday morning. The measure will legalize, regulate, and tax marijuana in Michigan for adults aged 21 and older. It allows for the possession of up to 2.5 ounces of marijuana and cultivation of up to 12 plants for personal use, while also establishing a legal framework for the licensing and regulation of marijuana businesses and products.

"The passage of Proposal 1 is a major milestone for marijuana policy reform in the US," said Matthew Schweich, deputy director of the Marijuana Policy Project (MPP) and campaign director for the Yes on 1 campaign. "Michigan will be the first state in the Midwest to end marijuana prohibition and replace it with a system in which marijuana is regulated for adult use. Adults will no longer be punished for consuming a substance less harmful than alcohol, and rather than having to resort to the illegal market, they will be able to access it safely and legally from licensed businesses. In addition to the public health and safety benefits associated with regulating marijuana, the state will have a significant new stream of tax revenue. Michigan is going to demonstrate that regulating marijuana works, and it will set a strong example for other states in the region and around the country."

"Western and northeastern states have led the way on legalizing marijuana, but the victory in Michigan powerfully demonstrates the national reach of this movement," said Maria McFarland Sánchez-Moreno, executive director of the Drug Policy Alliance (DPA), which through its lobbying arm, Drug Policy Action, helped fund and played a significant role in drafting the initiative. "With such overwhelming public support for marijuana legalization, even including majorities of Republicans and older Americans, there's only so long that the federal government can continue to hold out."

In the past decade, Michigan has seen more than 200,000 marijuana arrests, the vast majority (84 percent) for simple possession. Those arrests won't be happening anymore.

In Missouri, two of three medical marijuana initiatives won. Amendment 3, which would have imposed a 15 percent tax and set up a research institute benefiting its author, was easily defeated, while Amendment 2 had 65.5 percent support, and Proposition C had 56.5 percent. Amendment 2 was backed by both MPP and DPA.

"Thanks to the unflagging efforts of patients and advocates, Missourians who could benefit from medical marijuana will soon be able to use it without fear of being treated like criminals," said MPP's Schweich. "We hope lawmakers will implement the measure efficiently and effectively to ensure qualified patients can gain access to their medicine as soon as possible."

In North Dakota, the cold wind of prairie conservatism and the Red Wave that swamped Sen. Heidi Heitkamp (D) was strong enough to overwhelm the Measure 3 legalization initiative. It managed to garner only 40.5 percent of the vote. Measure 3 was a grassroots effort with little outside support and strong and deep-pocketed opposition.

In Utah, despite the machinations of the Mormon Church and the state's Republican political establishment, which sought to blunt support for Proposition 2 by promising to pass some sort of medical marijuana bill later this year, voters weren't willing to wait. Prop 2 had 53.2 percent of the votes, with 76 percent of precincts reporting. Even in Deep Red Utah, medical marijuana wins.

Drug reformers pronounced themselves pleased with the results and pressed for federal action to end marijuana prohibition.

"This is yet another historic election for the movement to end marijuana prohibition. Voters have once again sent a message loud and clear that it is time to legalize and regulate marijuana," said MPP executive director Steve Hawkins. "Marijuana has now been legalized for adult use in one out of every five states, so I think it's safe to say federal laws are in need of an update. We hope the results of this election will inspire Congress to finally start addressing the tension that exists between state and federal marijuana laws in our nation."

But wait, there's more. Voters in a number of Wisconsin localities, including the population centers of Madison and Milwaukee, overwhelmingly approved non-binding referenda calling for marijuana legalization, while voters approved decriminalization in five out of six Ohio cities where it was on the ballot, including Dayton.

Democratic gubernatorial candidates embracing marijuana legalization (and broader drug reform), including Gavin Newsom (CA), Jared Polis (CO), J.B. Pritzker (IL), and Michelle Lujan Grisham (NM), all emerged victorious. The last two are especially notable since, as chief executives of as yet pot prohibitionist states, they can guide their states to legalization.

And in one of the sweeter outcomes of the Democrats' retaking of the House, one of the biggest obstacles to marijuana reform in Congress, Rep. Pete Sessions (R-TX), lost to Democrat Colin Allred, a supporter of marijuana reform. As chairman of the House Rules Committee, Sessions repeatedly blocked reform measures from advancing. But his time has come and gone.

All in all, election day was a pretty good day for weed.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

The Drug Policy Alliance is a financial supporter of both Drug Reporter and Drug War Chronicle.

Medical Marijuana Update

Medical marijuana initiatives win in Missouri and Utah, the FDA approves the first marijuana-based drug, and more.

National

First FDA-Approved Marijuana-Based Drug Now Available by Prescription. As of last Thursday, the marijuana-based drug Epidiolex is now available by prescription in all 50 states. The FDA approved the drug in June, but manufacturer GW Pharmaceuticals had to wait for the DEA to reclassify its compounds out of Schedule I before it could begin selling it. That has now happened. Epidiolex is used for treating a rare form of epilepsy and a genetic brain dysfunction called Dravet syndrome, both of which can cause seizures.

Iowa

Iowa Regulators Reject Bid to Raise THC Cap on New Medications. The state's Medical Cannabinoid Board voted unanimously last Friday to rebuff an effort to raise the 3% THC cap on new medications. Proponents argued that more THC is more effective in treating some conditions, while critics worried that lifting the limit could encourage abuse. "I'd like to get another year or two under our belts and see how people respond with the current THC cap," said board member Lonny Miller, a family physician from Creston.

Missouri

Missouri Votes to Legalize Medical Marijuana. Two of three medical marijuana initiatives won on Tuesday. Amendment 3, which would have imposed a 15 percent tax and set up a research institute benefiting its author, was easily defeated, while Amendment 2 had 65.5 percent support, and Proposition C had 56.5 percent. Amendment 2 was backed by both the Marijuana Policy Project and the Drug Policy Alliance.

Utah

Utah Voters Approve Medical Marijuana. Despite the machinations of the Mormon Church and the state's Republican political establishment, which sought to blunt support for Proposition 2 by promising to pass some sort of medical marijuana bill later this year, voters weren't willing to wait. On Tuesday, Prop 2 had 53.2 percent of the votes, with 76 percent of precincts reporting. Even in Deep Red Utah, medical marijuana wins. Under this measure, people with designated qualifying conditions can obtain a medical marijuana recommendation from a doctor, but patients whose conditions aren't listed have to go through a more rigorous process. Patients won't be allowed to smoke their medicine, either. It remains to be seen what will happen with medical marijuana in the legislature.

[Drug Policy Alliance is a financial supporter of the organization that publishes this newsletter.]

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Three of Four MJ Inits Win, Mexico Legal MJ Bill, FL Felony Disenfranchisement Repealed, More... (11/7/18)

Three out of four marijuana initiative pass, so does restoring the vote to ex-felons in Florida, but Ohio drug defelonization fails.

Marijuana Policy

 

Michigan Becomes First Midwest State to Legalize Marijuana. The Proposal 1 legalization initiative had 55.8 percent of the vote with 96 percent of the vote counted as of Wednesday morning. The measure will legalize, regulate, and tax marijuana in Michigan for adults aged 21 and older. It allows for the possession of up to 2.5 ounces of marijuana and cultivation of up to 12 plants for personal use, while also establishing a legal framework for the licensing and regulation of marijuana businesses and products.

North Dakota Marijuana Legalization Measure Fails. The Measure 3 legalization initiative was decisively defeated. It managed to garner only 40.5 percent of the vote. Measure 3 was a grassroots effort with little outside support and strong and deep-pocketed opposition.

Ohio Towns and Cities Vote to Decriminalize Pot Possession. Five out of six Ohio localities that had decriminalization measures on their local ballots approved them. Decriminalization won overwhelmingly in Dayton, Fremont, Norwood, Oregon, and Windham. It lost in only one town: Garrettsville.

Wisconsin Voters Approve Non-Binding Marijuana Advisory Questions. Voters in localities across the state signaled their support for medical marijuana, marijuana legalization, and decriminalization in a series of local non-binding advisory questions. In all 10 counties one city where voters were asked if marijuana should be legal, they said yes, by margins of better than two-to-one. Medical marijuana got even stronger support, and in Racine, a question on decriminalization won by a margin of two-to-one.

Medical Marijuana

Missouri Votes To Legalize Medical Marijuana. Two of three medical marijuana initiatives won. Amendment 3, which would have imposed a 15 percent tax and set up a research institute benefiting its author, was easily defeated, while Amendment 2 had 65.5 percent support, and Proposition C had 56.5 percent. Amendment 2 was backed by both the Marijuana Policy Project and the Drug Policy Alliance.

Utah Voters Approve Medical Marijuana. Despite the machinations of the Mormon Church and the state's Republican political establishment, which sought to blunt support for Proposition 2 by promising to pass some sort of medical marijuana bill later this year, voters weren't willing to wait. Prop 2 had 53.2 percent of the votes, with 76 percent of precincts reporting. Even in Deep Red Utah, medical marijuana wins. Under this measure, people with designated qualifying conditions can obtain a medical marijuana recommendation from a doctor, but patients whose conditions aren't listed have to go through a more rigorous process. Patients won't be allowed to smoke their medicine, either. It remains to be seen what will happen with medical marijuana in the legislature.

Sentencing

Ohio Drug Defelonization Initiative Defeated. Voters soundly rejected Issue 1, which would have made drug possession felonies into misdemeanors, by a margin of 65 percent to 35 percent. The move, aimed at reducing the state's prison population, was opposed by prosecutors, judges, coroners, and Republican Gov. John Kasich. Issue 1 had other proposals as well: reducing prison sentences by up to 25 percent for most prisoners if they complete educational, work or rehabilitative programs. Probation violations that weren't new crimes would not have resulted in prison.

Voting Rights

Florida Votes to Restore Voting Rights to Felons. There will be nearly 1.5 million potential new voters in the Sunshine State for the next election after voters Tuesday approved Amendment 4, which restores voting rights for people in the state convicted of felonies as long as they have completed their sentences, although anyone convicted of murder or felony sex offenses would be excluded. About 9.2 percent of the state voting-age population.

International

Mexico Marijuana Legalization Bill Filed. A key ally of incoming President Andres Manuel Lopez Obrador on Tuesday filed a bill to legalize marijuana cultivation and sales. Senator Olga Sanchez Cordero, who is expected to be named interior secretary, filed the General Law for the Regulation and Control of Marijuana. The move comes just days after the Mexican Supreme Court ruled that the prohibition of marijuana for personal use is unconstitutional.

[Drug Policy Alliance is a publisher of the organization that publishes this newsletter.]

Green Wave: Marijuana Initiatives Go Three for Four in Midterms

The expansion of legal marijuana continued apace in Tuesday's elections, with medical marijuana initiatives winning in Missouri and Utah and recreational marijuana winning in Michigan. The only loss for weed came in North Dakota, where voters had approved medical marijuana two years ago, but weren't ready to take the next step this year.

In Michigan, the Proposal 1 legalization initiative was winning with 57.2% of the vote with 48% of the vote counted.

In Missouri, all three medical marijuana initiatives were winning with more than 2/3 of the votes counted. Amendment 3 had 68.5% support, Amendment 2 had 64.5% support, and Proposition C had 57.2%. If two amendment on the same subject both pass, the one with the most votes wins. 

[Update: I misread the Missouri results. Amendment 3 actually lost, with 68.5% opposed.]

In Utah, the Proposition 2 medical marijuana initiative was winning with 54.6% of the vote with more than half the votes counted late Tuesday night.

In North Dakota, the cold wind of prairie conservatism was strong enough to snuff out the Measure 3 legalization initiative. With nearly 90% of the votes counted, the initiative was losing 60%-40%.

Come back tomorrow for a deeper dive into the results. 

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