by Morgan Fox, NCIA’s Director of Media Relations

Arizona

Ballot: Proposition 207, Smart & Safe Act (adult use)

Summary: https://smartandsafeaz.com/about/

Full language: https://mk0adassociatioy1jbg.kinstacdn.com/wp-content/uploads/2019/10/I-23-2020.pdf

Main backers: Smart and Safe Arizona 

Possession: Adults 21+, 1 ounce flower or 5 grams concentrate

Home cultivation: YES, adults 121+ may have up to 6 plants in an enclosed locked location out of public view.

Licenses:   

• Issue no more than one marijuana establishment license per 10 pharmacies;
• Issue no more than two marijuana establishment licenses in counties that contain no registered nonprofit medical marijuana dispensaries;
• Issue no more than one marijuana establishment license in counties with one nonprofit medical marijuana dispensaries; and
• Issue 26 licenses, notwithstanding the other limits, to entities qualified under the Social Equity Ownership Program.

Social Equity:
Department of Health Services would be required to establish a Social Equity Ownership Program to promote cannabis business ownership and employment for individuals from communities disproportionately impacted by the enforcement of previous marijuana laws.

Proposition 207 would establish a fund called the Justice Reinvestment Fund (JRF). Revenue in the JRF would be allocated as follows:

• 35 percent to local public health departments in proportion to the county’s population for the purpose of providing justice reinvestment programs or giving grants to nonprofits to provide justice reinvestment programs within the county’s area.
• 35 percent to DHS to provide grants to nonprofits to provide justice reinvestment programs in the state.
• 30 percent to DHS “for the purpose of addressing important public health issues” that affect Arizona.

Taxes & Revenue:

Transaction Privilege Tax (currently 5.6%)

Specific 16% excise tax (non-medical)

Revenue from the excise tax and license fees would be deposited into the Smart and Safe Arizona Fund. First, revenue would be used to implement and enforce marijuana regulations. The remaining revenue would be allocated as follows:

• 33.0 percent for community college districts;

• 31.4 percent for municipal police and fire departments, county sheriff departments, and fire districts;

• 25.4 percent for the state’s Highway User Revenue Fund;

• 10.0 percent for the new Justice Reinvestment Fund; and

• 0.2 percent for the Arizona Attorney General and local agencies to enforce the initiative.

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Additional Resources: Proposition 7 Information, FAQ

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Mississippi

Ballots: Initiative 65 (medical), Alternative 65A (medical, terminally ill patients only)

Summary:

• Initiative 65
• Comparing Initiative 65 vs. Alternative 65A

Full Language:

• Initiative 65
• Alternative 65A

Main Backers:

• Initiative 65 – Medical Marijuana 2020
• Alternative 65A – Rep. John Thomas “Trey” Lamar and Rep. Brent Powell

Possession:

• Initiative 65 – Qualifying patients may purchase/possess up to two and a half (2.5) ounces every 14 days
• Alternative 65A – Undefined, no explicit protections

Home Cultivation: NO

Licensing:

• Initiative 65 – TBD by Dept. of Health; no limits on number of treatment centers; may not be located within five hundred (500) feet of a pre-existing school, church, or licensed child care center
• Alternative 65A – Undefined

Social Equity: None explicitly included in either initiative.

Taxes & Revenue:

• Initiative 65 – Dept. of Health may authorize taxes up to the level of the state sales tax (currently 7%); revenue to be used for special operating fund and may not revert to state general fund
• Amendment 65A – Undefined

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Additional Resources: Overview and Sample Ballot Question – IMPORTANT! These questions are worded in a confusing manner on ballots.

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Montana

Ballots: Initiative 190 Marijuana Legalization Initiative (adult use), CI-118 Allow for a Legal Age for Marijuana Amendment

Summary:

• Initiative 118 would allow legislation or a citizen initiative to set the legal age limit for possession at an age higher than the state definition of adulthood (18 years old).
• Initiative 190 would regulate cannabis for adults age 21 and older.
• Summary of both initiatives is available here.

Full Language:

• Initiative 118
• Initiative 190

Main Backers: New Approach Montana

Possession: Adults 21+, up to one ounce of flower or 8 grams of concentrate

Home Cultivation: YES, up to four (4) plants per adult, maximum eight (8) per household.

Licensing:

The Department of Revenue shall develop rules and regulations regarding licensing of providers, marijuana-infused products providers, and dispensaries for adult use. For the first 12 months, only existing medical cannabis licensees may apply. Provider licenses are established in tiers based on canopy size and also include micro-business licenses. Applicants must have resided in Montana for at least one year prior and may not have been convicted of a felony involving fraud, deceit, or embezzlement or for distribution of drugs to a minor within the past 5 years. Cannabis businesses may not be located within 500 feet of a school or place of worship unless permitted by the local jurisdiction.

Social Equity: Persons convicted of behavior permitted by Initiative 190 may apply for resentencing or expungement.

Taxes & Revenue:

• Specific sales tax – 20%
• Revenue will be used to fund operating costs of regulation as well as to support conservation efforts, substance abuse treatment and education, veterans programs, local governments, the general fund, and other programs. More information is available here.

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Additional Resources: Initiative 190 Information

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New Jersey

Ballots: Question 1, Marijuana Legalization Amendment (2020)

Summary: https://www.njcan2020.org/whats-on-the-ballot/

Main Backers: NJ Can 2020

Possession: 21+, limits TBD by Legislature

Home Cultivation: TBD by Legislature

Licensing: TBD by Legislature, regulated by existing Cannabis Regulatory Commission

Social Equity: TBD by Legislature

Taxes & Revenue: Standard state sales tax of 6.625%; Legislature can authorize municipalities to impose up to an additional 2% local tax

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Additional Resources: 

• Why Vote Yes
• Question 1 Information

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South Dakota

Ballots: Measure 26 (medical), Amendment A (adult use)

Summaries: https://www.southdakotamarijuana.org/the-initiatives

Full Language:

• Measure 26
• Amendment A

Main backers:

• Marijuana Policy Project
• New Approach South Dakota
• South Dakotans for Better Marijuana Laws

Possession: 

• Measure 26 – Registered patients, up to three (3) ounces
• Amendment A – Adults 21+, up to one ounce

Home Cultivation:

• Measure 26 – Patients with home cultivation certification may grow 3 plants minimum or a number determined by their physician
• Amendment A – 3 plants per person (6 max per household) in jurisdictions with no licensed retail stores

Licensing:

• Measure 26 – TBD by Dept. of Health
• Amendment A – TBD by Dept. of Revenue

Social Equity: None explicitly included in initiative language

Taxes & Revenue: 

• Measure 26 – TBD by Dept. of Health and Legislature
• Amendment A – 15% sales tax, split evenly between public school fund and state general fund after implementation and operation costs are covered.

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Additional Resources:

• Measure 26
• Amendment A
• Arrests and costs