As Congress continues to stall drug reform on a national level, many are hoping that state-level policies will usher in a new era of possession, personal use, and consumption of cannabis by adults 21 and older.
Perhaps the largest surprise this election season are the states in which legalization is on the ballot. Four of the five states are traditionally red – areas where conservatives aim for the harshest penalties for drug possession. If passed, these bills could reshape drug reform on both the federal and state levels. Here are the states in which marijuana or psychedelic legalization will appear on the ballot:
Arkansas
Back in July, activists in Arkansas started a campaign called “Responsible Growth Arkansas.” Once passed, this amendment would allow anyone 21 and older to use cannabis. At first, the Board of Elections did not approve Responsible Growth Arkansas’ campaign, but in September, the court ruled in their favor, allowing their votes to be counted. Here’s what Issue 4 could do if accepted:
- Adults 21 and older can buy and own cannabis if purchased from a licensed retailer.
- The Alcoholic Beverage Control (ABC) Division of the Department of Finance would be in control of distributing licenses for businesses that want to issue cannabis.
- People would be no longer subject to background checks if they own less than 5% of marijuana businesses.
In September, the polls showed that 59% were in favor of legalizing while 29% were against, and 13% were undecided.
Maryland
Marijuana legalization in Maryland will be decided during their upcoming referendum. This November, voters will be asked if they favor the legalization of marijuana. If the measure, known as Question 4, is approved, they will set up a separate bill to include marijuana regulations. Here is what will happen if Question 4 is implemented:
- 1.5 ounces of cannabis would be legal for adults if it is bought and in their own possession.
- If you own up to 2.5 ounces, the legislation would remove any criminal penalties.
- Two plants can be grown for personal use or as a gift, but only for adults 21 and older.
Many voters plan to support Question 4. Even with the separate bill, they would not need Gov. Larry Hogan’s (R.) signature.
Missouri
In Missouri, marijuana legalization is already on the ballot but the reform campaign has tried to get Amendment 3 pulled from the ballots. There have been conflicts in polling about whether Missouri will support legalization. At one college, 48% plan to vote for Amendment 3, while 35% are against, and 3% are unsure.
Since it was placed on the ballot, there has been a large poll showing that the people may vote against Amendment 3, which aims to legalize marijuana.
Under Amendment 3:
- Three ounces of cannabis could be purchased for those 21 and older.
- If someone is approved for a registration card, they can grow up to six clones, six immature plants, and six marijuana plants.
- Instead of one year, marijuana cards would be valid for three years. Caregivers could also serve double the amount of patients.
North Dakota
In August, Secretary of State Al Jaeger (R) certified an initiative to legalize marijuana throughout ND. Referred to as Measure 2, this policy reform ensures that adults 21 years and older cannot be punished for using weed in a private residence. North Dakotans will have the chance to vote for legalization on November 8th.
Under Measure 2:
- Adults 21 and older could buy up to one ounce of cannabis, four grams of marijuana concentrate, and flowers produced from up to three plants for personal use. These products must be stored in the exact location where the plant was grown.
- The Department of Health and Human Services, or another legislature appointed by the state, would be responsible for creating rules that oversee licensing for marijuana businesses.
- The department can only license seven cultivation facilities and 18 retailers.
- Lawmakers would have until October 1st, 2023 to create rules on security, advertising, and testing standards.
- Public consumption would still be outlawed. Employers have the right to prohibit marijuana use in the workplace.
In 2021, a similar bill was defeated in North Dakota’s senate. Recent polls indicate that 43% of North Dakotans do not support legalizing marijuana – a major obstacle to reform.
South Dakota
South Dakota legalized medical marijuana back in 2020. Two years later, voters will have the chance to legalize recreational cannabis at the polls. However, ratification in South Dakota faces several hurdles, including shifting public opinion and a House-rejected bill from March.
Still, activists are pushing for reform. The South Dakotans for Better Marijuana Laws (SDBML) submitted enough signatures to put cannabis legalization on the November ballot. Known as Measure 27, this bill would:
- Allow those 21 years and older to purchase up to one ounce of cannabis and grow three plants for personal use.
- Outline penalties for violating provisions related to public consumption and possession.
- Permit employers to prohibit the use of cannabis by workers.
- Allow state and local governments to ban marijuana-related activities in buildings owned by the government.
At this point, Measure 27 does not mention policies related to taxing cannabis sales, licensing, or equity.
Colorado
Proposition 122 would legalize the use of psychedelics in Colorado. While illegal at the federal level, this measure would decriminalize substances such as psilocybin and ibogaine for adults 21 and older. Proposition 122 would permit certain establishments (such as healing centers) to administer psychedelics for therapeutic purposes.
If approved, Proposition 122 would:
- Allow the possession, use, and cultivation of three psychedelics (psilocybin, ibogaine, and mescaline) without a clear limit.
- Create a two-tiered regulatory model, in which two substances (psilocybin and psilocyn) would be permitted for use at licensed healing centers until 2026.
- Establish a 15-member Natural Medicine Advisory Board responsible for outlining recommendations on adding additional substances to the program.
- Permit those who completed their sentence for a conviction related to psychedelics use or cultivation to petition the courts to seal their records.
While activists across America attempted to enact legislative change, not all were successful. Bills in Delaware, Nebraska, Oklahoma, and many other states failed in either one or both chambers of state legislature.
It’s time to make a change. Go out and start a petition or spread the word to vote and legalize marijuana in your state. Are you registered to vote in November? Click on the link below and register before it’s too late!