Victories and Challenges For Cannabis Policy Reform

By Morgan Fox, NCIA’s Director of Media Relations

On April 19, the House of Representatives approved legislation once again that would provide legal protections for financial service providers to work with cannabis businesses that are in compliance with state laws. The Secure and Fair Enforcement (SAFE) Banking Act, or H.R. 1996, was reintroduced in March by a bipartisan group of sponsors and had 177 total cosponsors by the time of the vote.

The legislation was approved by a vote of 321-101 and included 106 Republicans voting in favor of the measure, a small majority that represents a growing trend of increasing conservative support since the last time this bill was approved in the House in 2019. No Democrats voted against the bill. This is the fourth time that the House has approved the language of the SAFE Banking Act, initially as the first standalone cannabis policy reform bill ever passed by either chamber of Congress two years ago and two more times last year as part of pandemic relief packages that were not approved in the Senate.

In the time that elapsed between the last vote on the SAFE Banking Act and this one, a number of factors have added momentum and boosted the pressure on federal lawmakers to more seriously consider cannabis policy reform generally and bills like the SAFE Banking Act.

First, cannabis businesses were nearly unanimously declared essential in states with regulated markets during the pandemic, adding to the legitimacy of the industry in the eyes of many while providing uninterrupted healthcare, jobs, and tax revenue in a very challenging economic and public health environment. However, despite increased sales over the last year, the operational costs required to keep employees and customers safe have taken their toll, compounded by the added costs and other challenges associated with limited access to banking services or traditional loans.

These obstacles were felt even more keenly by cannabis businesses because they could not avail themselves of the federal stimulus packages approved by Congress, such as PPP or funds available through the Small Business Administration. Helping to ease the worsening financial burdens facing the cannabis industry during such a difficult time was a major reason for the inclusion of SAFE Banking language in the House-approved aid bills. Recently, standalone legislation has also been reintroduced by Small Business Committee Chair Nydia Velazquez to allow direct and indirect cannabis businesses to be able to access SBA-backed loans and other assistance programs.

Unfortunately, the inclusion of cannabis language in House stimulus packages was used as a political attack tool in the leadup to the election by some lawmakers, likely leading to a postponement of a House vote on the MORE Act, which would remove cannabis from the schedule of controlled substances and help repair the damage done by prohibition. Those attacks significantly died down in November, however, when five states approved adult-use or medical cannabis ballot initiatives by heavy margins, including the red states of Mississippi, Montana, and South Dakota. These victories paved the way for the historic passage of the MORE Act in the lower chamber in December. Three additional state legislatures have passed adult-use laws since then, including the first Southern state of Virginia.

This combination of political will, the feasibility of passing cannabis policy reform measures both comprehensive and incremental, and the introduction of eight new regulated cannabis markets in just a few short months has lawmakers of all stripes taking a much closer look at this issue than ever before. Even staunchly opposed legislators are being forced to reexamine their positions on bills that would directly benefit their constituents and businesses in their states, particularly in light of the urgent need for jobs and taxes as the pandemic response begins to pivot toward economic recovery. This is on top of record public support nationally for legalization. It is becoming increasingly clear to lawmakers that standing in the way of reform is a losing proposition.

With the passage of the SAFE Banking Act, it is likely that the House will move its attention to amending and approving the MORE Act for a second time, as well as considering several other pieces of cannabis-related legislation. The fate of the SAFE Banking Act now lies with the Senate. Senate Majority Leader Chuck Schumer said recently that he would prefer to wait for further consideration of that or other incremental reforms until after the introduction of his much-anticipated comprehensive descheduling bill in the coming weeks. We are confident that debate and progress on these bills is not mutually exclusive, and moving both pieces of legislation through the upper chamber simultaneously is both possible and likely, especially given the broad bipartisan support that the SAFE Banking Act enjoys.

State of the States – Cannabis Policy Reform in the Current Legislative Sessions

by Morgan Fox, NCIA Director of Media Relations

The last few weeks have seen quite a bit of excitement for the possibility of comprehensive federal cannabis policy reform being closer than it has ever been, but what about the states?

Historically, the vast majority of progress has been made at the state level, and this year is shaping up to be another one full of victories for legalization advocates as state governments struggle to support their economies, create new tax revenue and job sources, and tackle long-overdue criminal justice reforms.

The overwhelming approval by New Jersey voters of a referendum to make cannabis legal for adults last year has put the spotlight firmly on the Northeast and mid-Atlantic regions. With state legislative sessions already underway, a number of states are already prioritizing legalization much more heavily than in years past even as New Jersey lawmakers struggle to pass enacting legislation to carry out the will of the voters in a fair and equitable manner. It is pretty clear that New Jersey’s neighbors don’t want to be left behind when it starts reaping the benefits of regulated cannabis markets.

Early this year, New York’s Gov. Andrew Cuomo released a statement outlining his plan to make cannabis legal in the state, and just recently added amendments that would allow delivery, clarify the tax system, and reduce penalties associated with some cannabis activities. There are still some concerns with this plan, including the amount of funding that would actually go toward repairing the disparate harms caused by prohibition and the lack of legal home cultivation. Regulated cannabis in New York could be worth more than $3.5 billion and create more than 60,000 jobs, making it one of the largest state cannabis markets in the country.

Meanwhile, in Delaware, a legalization bill that was approved in the state House in 2019 is slated to be reintroduced by the sponsor in the coming weeks. This bill would come on the heels of a report released last month by the state auditor which estimated that Delaware could take in $43 million annually with a 20% excise tax, and create more than 1,400 jobs over a five year period. In what seems to be a disturbing trend in some state legislatures this year, this bill is not expected to initially include home cultivation either.

In Connecticut, however, a new adult-use bill has been introduced that would center on restorative justice and social equity in the industry and would allow adults to grow limited amounts of cannabis in their homes. This bill has strong support in the state legislature but may soon have to compete with Gov. Ned Lamont’s proposal, which is expected to be released soon.

Nearby Pennsylvania is likely to consider adult-use legislation this year, with Gov. Tom Wolf (along with the incredibly supportive and newly internet-famous lieutenant governor) urging lawmakers to address the issue and – earlier this month – calling it a priority for his state’s annual budget proposal. Rhode Island lawmakers are expected to consider legalization again this year as well, and with the departure of Gov. Raimondo, it is more likely that the emphasis will shift away from a state-run model and back to regulating private businesses.

Farther South, Virginia made headlines this month by becoming the first state in 2021 to have both chambers of its legislature approve adult-use bills. Lawmakers are committed to ironing out the differences between the two bills this month during an extended session. With Gov. Ralph Northam in full support, Virginia stands poised to become the 16th state overall to make cannabis legal for adults and the first state to do so in the South, and it would be only the third to regulate cannabis through its legislature.

Adult-use legislation has also been introduced in Maryland, with supporters and cosponsors optimistic that it could be passed this year, though lawmakers there are not as far along in the process as their neighbors in Virginia. And in medical news, advocates in South Carolina are taking another shot at passing a medical cannabis bill there.

There are signs of progress from elsewhere in the nation as well. After running out of time in an emergency session last year, New Mexico’s governor and lawmakers wasted no time in getting back to legalization efforts this year. There are currently several bills being considered, and it appears very likely that some form of adult-use will be approved there this year.

This is just a snapshot of the momentum and positive movement we are seeing at the state level this year. If you are interested in up-to-date information about all cannabis-related state legislation in the U.S., please consider subscribing to Marijuana Moment’s bill tracker.

Unfortunately, the news isn’t all good.

In South Dakota, where voters approved both medical and adult-use initiatives in November by wide margins, advocates have suffered a temporary setback on the adult-use front. After a pair of law enforcement officials sued to have the adult-use bill thrown out because it addresses too many issues for a constitutional amendment, a circuit court judge ruled in their favor earlier this month. This situation is extremely disheartening and outrageous: the will of the people was overturned by a judge who was appointed by a governor who not only actively campaigned against the ballot initiative but also paid for the lawsuit to overturn it with taxpayer money! However, supporters have appealed the decision to the state Supreme Court.

In Montana, where voters also passed an adult-use initiative in November, supporters are faced with another lawsuit on similar grounds that was filed by opponents. However, observers are skeptical of that suit being successful, and lawmakers are moving ahead with developing enacting legislation.

And in Idaho, where a medical cannabis initiative was prevented from getting on the ballot last year, prohibitionist lawmakers are moving forward with a bill that would prevent any future legislation to make cannabis or any other currently illegal substance legal. If passed, this bill would be put before the voters in 2022, where it could very well be on the same ballot as a medical cannabis referendum.

Despite efforts to overturn progress and maintain failed and harmful cannabis policies, things are generally looking up and we expect several states to pass laws to stop arresting cannabis consumers and establish legal, regulated marketplaces in the near future.

One last item, so as not to totally leave out federal news: this week, NCIA joined members of Congress, advocates, and other industry leaders in calling on Pres. Biden to pardon all non-violent cannabis convictions and commute the sentences of anyone currently serving time.

Stay tuned for further developments!

 

Member Blog: Four States Legalized Cannabis in November – Here’s What That Means for the Industry

By Aaron Rosenbluth, Director of Content at Hybrid Marketing Co.

Voters in New Jersey, Arizona, South Dakota, and Montana legalized adult-use cannabis sales during November’s election. So, what comes next?

Last month, Americans in four states voted to legalize adult-use cannabis. 

If you’re an adult over 21 in Arizona, New Jersey, South Dakota, or Montana, theoretically, you’ll be able to consume and purchase cannabis legally in 2021.

To many Americans, the end of cannabis prohibition in these states looks like a sudden act of voter mobilization. But industry insiders know it took years of work by activists, business people, and lawmakers to make legalization possible.

Before adults can legally purchase and consume cannabis, lawmakers in each state must outline rules and regulations, and dispensaries must go through intense licensing processes before opening their doors to the public. 

The process won’t happen overnight. 

In some newly legal states, it could take close to a year to iron out the details. And in the past, it’s taken even longer. 

Take Massachusetts, for example. Voters cast their ballots in favor of legalization in 2016, but the first dispensary didn’t open until 2018. 

Maine’s citizens also voted in support of legal weed in 2016, but it took four years for the first dispensary to open. The first two retailers – SeaWeed and Theory Wellness – opened on October 8 of this year. 

“It has taken four years to move from referendum to retail sales since Mainers narrowly approved the legalization of recreational cannabis at the ballot box in 2016. Legislative rewrites, gubernatorial vetoes, a change in state administration, and then the impact of COVID-19 pandemic have combined to make Maine’s rollout the slowest in U.S. history.” – Portland Press Herald 

Lawmakers in New Jersey are trying to speed things up. Democratic Senator Nick Scutari wants to move quickly to pass legislation modeled off a 2019 legal cannabis bill he sponsored. Still, legislators are fighting over the details. New Jersey’s Medical Marijuana licensing policies force applicants to pay large sums to compete for a limited number of licenses, allowing big businesses with deep pockets and holdings in other legal states to make millions. 

Some New Jersey lawmakers are trying to keep the same from happening when adult-use dispensaries open their doors by prioritizing local businesses.

Arizona lawmakers anticipate legal cannabis sales to begin as early as March. The state plans to prioritize licenses for owners “from communities disproportionately impacted by the enforcement of previous marijuana laws.” Arizona’s 123 medical marijuana dispensaries will have the first opportunities to apply for adult-use licenses in January after the Arizona Department of Health Services writes the rules. 

Entrepreneurs in South Dakota and Montana are ready to apply for dispensary licenses, but they, too, will have to wait.

In South Dakota, lawmakers say dispensaries will be open and selling legal adult-use cannabis by July 1. In Montana, people should be able to legally purchase cannabis on October 1, barring any bumps in the road. 

Have we reached a tipping point?

The public’s view of cannabis is changing. One in three Americans now live in a state with legal weed, and, according to a recent Gallup poll, 68% of Americans support federal cannabis legalization. So, have we reached a tipping point? 

That’s hard to say. 

Thirty-six states now have a legal medical cannabis system. When sales begin in Arizona, New Jersey, South Dakota, and Montana, more than twenty states will have fully legalized cannabis. And while federal cannabis reform might be a defining aspect of the incoming administration’s legacy, legalization is mostly dependent on congress, and it’s still unclear which party will control the Senate next year. 

Democratic leaders have pledged to end federal cannabis prohibition. If the Democratic party wins Senate control, full legalization is almost a certainty. But if Republicans maintain their Senate majority, the Republican party’s past approach to cannabis doesn’t indicate their leaders are ready to support far-reaching reform. Still, federal cannabis legalization isn’t outside the realm of possibility, even with a Republican-controlled Senate. 

Only time will tell. 

And again, regardless of what happens politically, it’s obvious America’s opinion of cannabis isn’t what it once was. 

Oprah asked former President Obama if he and Michelle indulged in “pizza, pot, or alcohol” on election night in a recent televised interview. When a television icon casually asks a former President if he smoked weed with the former first lady, you know attitudes are changing. 

Could federal cannabis legalization be the key to healing our COVID-ravaged economy?

This year, COVID-19 slowed the progress of cannabis legalization for individual states, but the pandemic could help push federal legalization forward next year. Here’s why.

A federally legal cannabis industry would accelerate America’s economic recovery.

The pandemic has had a catastrophic impact on many industries, and while a lot of employees will return to work, many jobs will be forever lost. The longer it takes for people to find employment, the longer it will take for the economy to recover. 

The end of federal cannabis prohibition would create thousands of new jobs and reverse the pandemic’s adverse economic impact. 

Here’s a point to consider: according to estimates from New Frontier Data, America’s legal cannabis market could be worth nearly $30 billion by 2025  – and that’s without federal legalization. If government officials choose to end federal prohibition next year, the estimates will increase dramatically. 

For cannabis dispensaries, cultivators, cannabis-adjacent businesses (like cannabis marketing agencies), and American citizens, a nationwide end to prohibition would be life-changing. 

But again, what the immediate future holds is anyone’s guess. 


Aaron Rosenbluth is Hybrid Marketing Co‘s Content Director, and he loves to write blogs. He’s written so many blogs that he’s lost count. And beyond his skills as a copywriter and storyteller, he’s an obsessive reader and researcher. Aaron writes on subjects ranging from cannabis to collaboration, social equity to HR software, interior design to cybersecurity. His words attract, engage, educate, and convert. Btw, Aaron hates the phrase “content is king” (even though content is king – and queen).

Hybrid Marketing Co is a Denver-based branding and marketing agency that specializes in building custom strategies that supercharge growth and drive revenue. Working with brands and businesses across the U.S. and Canada, Hybrid’s partners run the full-spectrum of the cannabis world including dispensaries, manufacturers, cultivators, and ancillary businesses. Visit hybridmarketingco.com to learn more about the Hybrid approach. 

Election Night 2020: Victories For Sensible Cannabis Policies

by Morgan Fox, NCIA’s Director of Media Relations

While the country waits for the outcomes of national elections that could very well impact the future of cannabis policy reform advocacy, we do have a LOT to be happy about today!

Last night, adult-use and medical ballot initiatives SWEPT the elections, passing in every state in which they were considered!

Voters in Arizona, Montana, New Jersey, and South Dakota all passed measures making cannabis legal and regulated for adults. South Dakota also approved a medical cannabis initiative by an even greater margin, and was joined by Mississippi where an overwhelming majority of voters not only supported medical cannabis but chose the much more comprehensive of two competing options.

You can learn more about these initiatives here and how they fared in the elections here.

There are a lot of important milestones and lessons to observe from these historic results.

First, let’s talk about New Jersey. Roughly two thirds of voters in the state approved this ballot measure, which was referred to them after lawmakers were unable to pass similar legislation last year. This is a big jump in ballot approval margins; before now, the most popular legalization referendum was in California, which approved Proposition 64 in 2016 with 57% of the vote. That’s a 10% margin increase in just four short years! The large population and huge market potential (more than $1.5B by 2025) are sure to have a major impact on the industry. Regionally, passage of this initiative is certain to add urgency to adult-use cannabis regulation efforts in states like New York, Pennsylvania, Connecticut, Delaware, and Rhode Island.

South Dakota also set a record by becoming the first state to approve an adult use law before having an established medical cannabis system, and in a very conservative state no less! Voters supported both medical and cannabis initiatives despite strong opposition from the governor and other officials.

In Arizona, after voters narrowly defeated a legalization initiative in 2016, a significant swing brought a 10% increase in support resulting in passage. This long-overdue change is especially important because Arizona is the only state where simple possession is a felony and nearly 15,000 people are arrested every year.

So what does this mean for future reform efforts?

First and foremost, the passage of the adult use initiatives means nearly 34% of Americans now live in states with laws making cannabis legal and regulated for adults. These four states account for roughly 60,000 marijuana arrests every year, mostly for simple possession. Congressional representation of states where cannabis is legal for adults will increase by 29 representatives and eight senators. This doesn’t guarantee their support for cannabis legislation, but it certainly increases the chances.

Second, passage of cannabis policy reform initiatives in conservative states like Mississippi, Montana, and South Dakota should send a signal to Republican lawmakers in Congress that this is an issue that they can support, and one which they will face political consequences for impeding. The fact that all three of these states had multiple cannabis-related issues on the ballot and voters were not swayed or confused is a testament to the will for change in these areas and a growing understanding of the issue.

Long story short: more and more states will continue to enact sensible, modern cannabis policies in the coming years, and every state that does so will help add to the chorus of voices from the public and in Congress calling for an end to outdated federal prohibition policies.

Movement for Marijuana Marks Major Milestones in Montana

by Madeline Grant, NCIA’s Government Relations Manager

Over the last month, we’ve featured many blogs focused around key congressional races and cannabis policy reform ballot initiatives taking place in various states. As we are days away from the 2020 election, we can’t stress how important it is to get out and vote. We’ve heard from our peers, families, social media influencers, celebrities, news mediums, and much more about how each and every single vote counts – so do your civic duty and make sure that your voice is heard! If you need help determining if you’re registered, or need more information about anything election related, you can click here for some great resources.

This week, I want to dive a little deeper and discuss the two ballot initiatives that Montanans will vote on this November: Initiative 190 and Initiative 118. Initiative 190 would regulate cannabis for adults age 21 and older. 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).

First, let’s take a look at statutory Initiative 190, which legalizes, regulates, and taxes marijuana in Montana. I-190 legalizes the possession and use of limited amounts of marijuana for adults over the age of 21. The initiative also requires the Department of Revenue to license and regulate the cultivation, transportation, and sale of marijuana and marijuana-infused products and to inspect premises where marijuana is cultivated and sold. Additionally, it requires licensed laboratories to test marijuana-infused products for potency and contaminants. This initiative also establishes a 20 percent tax on non-medical marijuana, 10.5 percent of the tax revenue goes to the state general fund, with the rest dedicated to accounts for conservation programs, substance abuse treatment, veterans’ services, healthcare costs, and localities where marijuana is sold. The initiative would allow a person currently serving a sentence for an act permitted by the initiative to apply for resentencing or an expungement of the conviction. Lastly, I-190 would prohibit advertising of marijuana and related products.

Of course, when you look at any state that has legalized cannabis, there is the ability to generate millions of dollars in new tax revenue. According to the University of Montana Bureau of Business and Economic Research, Montana will generate $236 million in marijuana tax revenue by 2026. The general fund will net four million dollars. As ballot initiatives pass it is important to allocate the tax revenue to important causes that help communities and people and this is exactly what this initiative does as it would contribute to accounts for conservation, veterans’ services, substance abuse treatment, healthcare, and local governments. On top of that marijuana fees will fund program administration and enforcement. 

The constitutional Initiative 118 allows the minimum legal age for marijuana to be set at 21 years old. Currently, under the Montana Constitution, a person 18 years of age or older is an adult, except that the legislature or the people by initiative may establish the legal age of purchasing, consuming, or possessing alcoholic beverages. This initiative amends the Montana Constitution to allow the legislature or the people by the initiative to establish the legal age for purchasing, consuming, or possessing marijuana. 

When learning more about New Approach Montana, the main backer of Montana’s cannabis initiatives, they clearly stated why legalizing cannabis is a step in the right direction. Along with the significant tax revenue, Montana can improve access to medical marijuana for veterans and rural Montanans. They stated that despite Montana’s medical marijuana law, doctors at the VA are prohibited from recommending medical marijuana to their patients. By legalizing marijuana for all adults, veterans will be able to safely access it to treat chronic pain, PTSD, and other serious health conditions. Montana can stop wasting law enforcement time and resources on arresting people for personal marijuana possession. Treating marijuana as a criminal issue wastes law enforcement resources and needlessly cycles people through the criminal justice system. In states that have legalized marijuana for adults, police have more time to solve serious crimes.

As we gear up for election day it is important to note just how important these ballot initiatives are in our laboratories of democracies: the states. As more states reform their outdated cannabis laws, it puts more pressure on the federal government to fix our broken laws surrounding the war on drugs. With more states moving forward, it is evident that constituents have spoken in support of legalization; therefore, more representatives and senators on Capitol Hill must support their cannabis reform. If you would like more information on these ballot initiatives or would like to donate to the cause please do so here. Please stay tuned for more blogs coming your way post-election. If there is anything you have questions about feel free to contact our Government Relations team at madeline@thecannabisindustry.org

 

2020 Senate Races To Watch

by Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations

Photo By CannabisCamera.com

As you may have heard by now, Election Day is just around the corner! Let me take this opportunity to remind you to vote, to do so safely, and come up with an election plan! If you need help determining if you’re registered, or need more information about anything election-related, you can click here for some great resources.

Over the last two years, NCIA and the cannabis industry have had some success in Washington, D.C.: passing the SAFE Banking Act out of the House, passing the MORE Act out of committee (we expect a full House vote during the lame duck session!), and even getting the language of the SAFE Banking Act included in three proposed COVID-19 relief packages. But, the same challenge has remained: the upper chamber of Congress, the Senate.

This year, there are 35 Senate seats up for election, and the results will impact cannabis policy for years to come (remember, Senate terms last for six years). Let’s take a look at three races that could not only impact cannabis policy, but the makeup of the Senate as a whole.

Arizona

Incumbent: Sen. Martha McSally – Republican

Challenger: Mark Kelly – Democrat

The Details: Senator Martha McSally, Mark Kelly, and seventeen other write-in candidates are running in this year’s special election in Arizona. The winner will fill the rest of the 2017-2022 term that former Sen. John McCain (R) won in 2016. You may remember McSally’s name– that’s because back in the 2018 general election, McSally ran for Arizona’s other Senate seat and lost to Kyrsten Sinema (D) 47.6% to 50.0%. After the 2018 election, interim Sen. Jon Kyl (R) announced his resignation and Gov. Doug Ducey (R) announced McSally as Kyl’s replacement in December 2018. Easy to keep up with, right?!

On Cannabis: This year, Arizonans will vote on Proposition 207, which would legalize adult-use cannabis in the state. During a debate in October, the candidates were asked about the initiative. Mark Kelly responded, “I think I’m gonna vote yes. It has some provisions in there to decriminalize it and address some incarceration rates for marijuana offenses — I think that’s good. I think there’s a funding source there. So I’m probably gonna vote yes.” When asked if he’d support removing marijuana as a Schedule 1 narcotic were such federal legislation to come before him, Kelly replied, “Based on my vote here in Arizona, I would seriously consider removing it.”

Senator McSally, on the other hand, has been essentially silent and inactive on this issue since assuming office. Last month, when asked about the initiative, McSally said “I’ll let the Arizona voters decide that [Proposition 207].” During her time as a Congresswoman prior to being appointed to the Senate, McSally voted against several cannabis-related appropriations amendments. She has not co-sponsored any cannabis-related legislation in the Senate.

Colorado

Incumbent: Sen. Cory Gardner – Republican

Challenger: Former Governor of Colorado, John Hickenlooper – Democrat

The Details: This race is one of the most contested in the country– both the Democratic Senatorial Campaign Committee (DSCC) and the National Republican Senatorial Committee (NRSC) have added it to their election target lists. The previous three U.S. Senate elections in Colorado—2016, 2014, and 2010—were decided by margins of 5.7, 1.6, and 1.7 percentage points, respectively. Gardner was first elected in 2014 after defeating incumbent Mark Udall (D) 48.2-46.3%. 

On Cannabis: Sen. Gardner has long been touted as one of the most pro-cannabis Republicans in the Senate. He has sponsored and co-sponsored a number of cannabis bills, including the STATES Act and the SAFE Banking Act. However, Sen. Gardner has been unable to convince his colleagues to bring SAFE Banking up for a committee vote, or even have a simple hearing on the STATES Act. That being said, if Republicans retain control of the Senate, but Gardner loses his seat, it may have adverse consequences for the cannabis industry. 

During his time as governor, Hickenlooper actively opposed cannabis legalization, even going so far as to unsuccessfully campaign against the state’s marijuana legalization ballot referendum. He then went on to implement it after voters approved the measure. During his last year as governor, he also vetoed proposals to add autism as a medical marijuana qualifying condition, to increase flexibility for investments in the cannabis industry, and to allow dispensaries to operate tasting rooms. But Hickenlooper has come a long way since then– his campaign website states, “As U.S. Senator, I will fight to remove cannabis from classification as a Schedule I drug.” Plus, he even responded to an op-ed penned earlier this year by NCIA’s own Social Media Manager, Vince Chandler, tweeting, “Yes, I support decriminalizing & descheduling marijuana. Colorado set the gold standard, and I’m eager to work with you and Colorado’s cannabis industry and entrepreneurs to get this done in Washington.”

Montana

Incumbent: Sen. Steve Daines – Republican

Challenger: Former Governor of Montana, Steve Bullock – Democrat

The Details: Incumbent Sen. Daines was first elected in 2014 with 58% of the vote. Bullock was first elected Governor of Montana in 2012 with 49% of the vote to his opponent’s 47%. His margin increased in 2016 when he won 50% to 46%. That same year, Donald Trump (R) won Montana in the presidential election with 56% of the vote to Hillary Clinton’s (D) 36%.

Both the National Republican Senatorial Committee and the Senate Majority PAC, a Democratic PAC, have targeted the race. Prior to announcing his bid for Senate, Bullock joined the crowded Democratic presidential field before dropping out in 2019.

Implications: This year, there are two cannabis-related initiatives on the ballot in the Treasure State. Montana I-190, the Marijuana Legalization Initiative, is on the ballot and would legalize the possession and use of marijuana for adults over the age of 21, impose a 20% tax on marijuana sales, require the Department of Revenue to develop rules to regulate marijuana businesses, and allow for the resentencing or expungement of marijuana-related crimes. The second initiative, Montana CI-118, the Allow for a Legal Age for Marijuana Amendment, would amend the Montana Constitution to allow for the legislature or a citizen initiative to establish a minimum legal age for the possession, use, and purchase of marijuana, similar to the regulation of alcohol in the state constitution.

While neither Senate candidate has weighed in on the state’s cannabis initiatives, we do have some understanding of their views on the issue– Sen. Daines has consistently voted in favor of appropriations amendments related to hemp, medical cannabis, and banking. In 2015, he co-sponsored an industrial hemp bill. It’s important to note that all of these votes were more than three years ago. On the other hand, while running for president last year during July 2019, Bullock stated, “I think this [cannabis legalization] should be left up to the states. I think the federal government should get out of the way and this is a state-by-state decision.”

Now, remember to get out there and VOTE! Here at NCIA, we’ll be analyzing other initiatives, candidates, and what it all means for you and your business as we get closer to the election, and doing the same once we get the results! 

 

 

 

Cannabis State Ballot Measures – Facts & Figures

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
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Additional Resources: Proposition 7 InformationFAQ


Mississippi

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

Summary:

Full Language:

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.


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:

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


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: 


South Dakota

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

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

Full Language:

Main backers:

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:

 

2020 Marijuana Ballot Initiatives – Time to Make History!

by Madeline Grant, NCIA’s Government Relations Manager

With the election coming up just around the corner, 2020 could be another big year for our movement. It is imperative that we all head to the polls, send in our mail-in ballots and make our voices heard in this monumental election. This week I will briefly go over each ballot initiative that has officially qualified for the November ballot. As we continue to get closer to the election, I will get into detail about what each ballot initiative does for each state. 2020 has been a year of uncertainty and as we approach the election it is our duty as U.S. citizens to get out and vote and as members of the cannabis industry, it’s important that we support the expansion of markets by donating to initiative campaigns. 

Without further ado please see marijuana ballot initiatives below:

  1. Arizona – Adult-Use: Smart and Safe Act (Prop 207)
  2. Mississippi – Medical: Initiative 65 
  3. New Jersey – Adult-Use: The New Jersey Marijuana Legalization Amendment
    • More information here.
  4. Montana – Adult-Use: I-190 would legalize, regulate, and tax marijuana in Montana. 
    • More information provided by the Marijuana Policy Project here.
  5. MontanaCI-118 would allow the minimum legal age for marijuana to be set at 21.
    • More information provided by the Marijuana Policy Project here.
  6. South Dakota – Medical- Initiated Measure 26
    • More information provided by the Marijuana Policy Project here.
  7. South Dakota – Adult-use (and protects medical law) Constitutional Amendment A 
    • More information provided by the Marijuana Policy Project here.
  8. Nebraska – Medical marijuana ballot initiative is no longer happening due to the Nebraska Supreme Court deeming the legalization of medical marijuana on the November ballot as unconstitutional. Following over 180,000 signatures by Nebraskans in support of the measure, the Supreme Court decided to not include the vote on November’s ballot on the day before the deadline. The justification of unconstitutionality came from Nebraska’s single-subject rule for a ballot measure, which bans multiple issues into yes-or-no questions for voters to address. 

It is more important than ever to get out and vote. Our government relations team works hard in our nation’s Capital to achieve legislative victories at the federal level; however, achieving legislative victories at each state is just as important. It is through each successful ballot initiative at the state that provides the proof and support for legislative change and policy reform at the federal level. States are moving forward; therefore, we must be on Capitol Hill. We must keep fighting the good fight and get out and show our support for cannabis policy reform. 

Are you interested in any of these states or want to learn more about one of these ballot initiatives? If so, please feel free to reach out to me to set up a meeting to discuss the information in more detail or contact the campaigns directly to find out how you can support them. 

Video Newsletter: An Election Day Tipping Point?

In this month’s video newsletter, we look ahead to the possibilities for progress in nine states voting on pro-cannabis initiatives on election day. With Arizona, California, Maine, Massachusetts, and Nevada voting on adult-use, and Arkansas, Florida, Montana, and North Dakota voting to create or expand medical cannabis programs, our industry has incredible potential to grow. Hear more from NCIA’s Executive Director Aaron Smith about this exciting election season.

If you’re not yet a member of NCIA, join today!

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