Public Question 1 Passes by Strong Margin

Washington, D.C. — New Jersey voters have approved a constitutional ballot initiative to legalize marijuana for adults 21 and over and establish a framework for marijuana regulation in the Garden State. New Jersey becomes the 12th state to enact a legalization law.

“This is a great day for New Jersey. After years of political inaction, voters have definitively approved marijuana legalization,” said Steve Hawkins, executive director of the Marijuana Policy Project, which was founded in 1995 and has played a central role in 10 state-level legalization victories over the past eight years.

“The passage of this ballot measure positions New Jersey to take the lead in the Northeast and will push neighboring states, like New York and Pennsylvania, to take action on marijuana legalization,” Hawkins added. “This is a victory for social justice given that Black residents of New Jersey are 3.5 times more likely to be arrested for marijuana than white residents despite similar usage rates.”

“Regardless of who controls the White House, the House, and the Senate, we should demand landmark federal marijuana reform in 2021,”continued Hawkins. “According to the most recent Gallup poll, 66% of Americans support legalizing marijuana, including over half of Republicans.” 

New Jersey is one of five states that voted on marijuana reform ballot initiatives this November. In Arizona, New Jersey, and Montana, there were ballot initiatives to legalize marijuana for adults 21 and over. South Dakota is voting on initiatives for both medical marijuana and marijuana legalization for adults 21 and over. Mississippi is voting on two competing medical marijuana initiatives. Advocates are awaiting results in the other four states. 

Heading into Election Day, 11 states had legalized marijuana for adults 21 and over, and 34 states had legalized medical marijuana.

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Washington, D.C. — Voters in five states will decide on marijuana reform ballot initiatives on Election Day. This marks the fifth consecutive election in which voters in multiple states are expected to approve marijuana measures at the ballot box. 

Four states — Arizona, Montana, New Jersey, and South Dakota — will vote on ballot initiatives that would legalize, tax, and regulate cannabis for adults 21 and over. Voters in two states — Mississippi and South Dakota — will decide on initiatives that would legalize medical cannabis. Notably, South Dakota is the first state to have measures to legalize adult-use and medical cannabis on the ballot at the same time. Polls have shown that voters in each of these states are supportive of the legalization measures.

MPP is playing a leading role in the efforts in Montana and South Dakota and has endorsed the campaigns in Arizona, New Jersey, and Mississippi. MPP has been instrumental in most major state-level reforms that have occurred over the past two decades, including the ballot initiative victories in Colorado (2012); Alaska (2014); Maine, Massachusetts, and Nevada (2016); and Michigan and Utah (2018).

Statement from MPP Executive Director Steve Hawkins: “Every election cycle, we gain more momentum and pass marijuana reform initiatives in more states. We’re hoping for a clean sweep on November 3, which will increase pressure on Congress to pass major federal marijuana reform in the very near future.”

Statement from MPP Deputy Director Matthew Schweich, who was one of the leaders of the Maine, Massachusetts, Michigan, and Utah campaigns, and who is overseeing MPP’s work in Montana and South Dakota this year: “MPP has a long track record of supporting successful marijuana reform ballot initiatives. We’re proud to be assisting the Montana and South Dakota campaigns.”

To date, 34 states have enacted laws to legalize medical cannabis and 11 of these states (and Washington, D.C.) have also legalized cannabis for adults 21 and older. Nine of these 11 states passed legalization through a ballot initiative.

See the links below for more information on each of the ballot initiative measures.

Arizona: https://smartandsafeaz.com/

Mississippi: https://www.medicalmarijuana2020.com/

Montana: https://newapproachmt.org/

New Jersey: https://www.njcan2020.org/

South Dakota: https://www.southdakotamarijuana.org/

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Statements below from the Marijuana Policy Project, which spearheaded the successful Question 1 campaign in 2016

Augusta, ME — Legal marijuana sales for adults 21 and over will begin tomorrow (Friday) in Maine. 

“Nearly four years after Mainers approved marijuana legalization at the ballot box, the will of the people will finally be effectuated,” said Marijuana Policy Project Deputy Director Matthew Schweich, one of the leaders of the 2016 campaign.

Adults 21 years of age or older with a valid ID will be able to purchase up to 2.5 ounces of a combination of marijuana and marijuana concentrate that includes no more than five grams of marijuana concentrate. It remains illegal to consume marijuana in public spaces. Maine municipalities must opt in to the adult-use program by locally allowing for marijuana establishments. More details on Maine’s adult-use marijuana regulation law can be found here.

Maine’s ballot initiative measure to legalize marijuana for adults and establish a regulated marijuana market passed with 50.26 percent of the vote on November 8, 2016, along with three other states — California, Massachusetts, and Nevada. After a series of delays, Maine is the last of those states to launch adult-use retail sales. 

“The delays were unfortunate and unnecessary, but in the end we’ve succeeded in replacing prohibition with a thoughtful policy that legalizes, regulates, and taxes marijuana sales for adults 21 and over,” said Schweich.

Marijuana has been legal for adults 21 and older to grow and share since January 30, 2017. Legislation to establish rules and implement a regulated adult-use marijuana market was signed into law by Gov. Janet Mills on June 27, 2019. 

Eleven states and Washington, D.C. have legalized marijuana for adults 21 and over. Beginning on Friday, 10 of those states — Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, and Washington — have launched marijuana sales for adults. In the 11th state, Vermont, Gov. Phil Scott signed a bill into law yesterday to add regulated sales to an existing law that legalized personal possession and cultivation.

“Maine was a tough campaign,” said Schweich. “We overcame a difficult signature drive. Then we had to fight in court to ensure qualification for the ballot. It was a real team effort that culminated in a well-earned victory on Election Day.”

The Marijuana Policy Project spearheaded the successful Yes on 1 legalization campaign in Maine and played a central role in the coalitions that passed initiatives to legalize and regulate marijuana in Colorado, Alaska, Massachusetts, Michigan, and Nevada. Currently, MPP staff are playing an important role in the 2020 legalization ballot initiatives in Montana and South Dakota.

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Vermont becomes the 11th state to legalize, regulate, and tax cannabis sales for adults.

Montpelier, VT — Today, Gov. Phil Scott (R) announced that he will allow S. 54 — legislation to legalize, regulate, and tax cannabis sales — to become law without his signature. With this move, Vermont joins the 10 existing U.S. states that have laws regulating and taxing cannabis for adult use.

Gov. Scott’s statement is available here.

Key provisions of S. 54 include the creation of a new independent board to regulate medical and adult-use cannabis; prioritization of business licensing for small-scale cultivators, minority-owned businesses, and woman-owned businesses; and independent lab testing of all cannabis sold to patients and adult consumers. You can find a summary of the new law here.
 
An economic report released in August analyzed the revenue-generating potential of commercial cannabis in Vermont. The report indicates that Vermonters will likely spend more than $200 million each year buying cannabis from retail stores, generating tens of millions in direct cannabis tax revenues through 2025.

An overwhelming majority of Vermonters support this legislation. A poll commissioned by the Marijuana Policy Project in February found that 76 percent of Vermont residents support allowing adults 21 and over to purchase cannabis from regulated, tax-paying small businesses.

Vermont and Illinois are the only states that have enacted legalization laws through the legislature. All of the other adult-use legalization laws were enacted by ballot measure, a process that is not available in 26 states. As many as 10 other states are expected to seriously consider enacting legalization legislatively in the coming year.

The Marijuana Policy Project has advocated for cannabis policy reforms in Vermont for more than 15 years. The state legislature passed a limited medical cannabis law in 2004, decriminalized possession in 2013, and has gradually improved its cannabis policies in the years since. In 2018, Vermont successfully legalized possession and cultivation of cannabis for adults 21 and older, but sales remained illegal and unregulated. 

S. 54 is poised to take effect on October 1, 2020, and legal sales will begin in 2022. More details on the timeline for implementation can be found here.

Statement from Steven Hawkins, executive director at the Marijuana Policy Project:
“The significance of Vermont’s decision to legalize and regulate cannabis sales, especially in a state with a Republican governor and through the legislative process, cannot be overstated. Poll after poll shows that Republicans support cannabis legalization, and more and more, we see elected Republicans publicly taking that same stance and standing up for their constituents and their ideological base. The fact that Vermont accomplished this through the legislative process is also incredibly important because it shows that representative, democratic government is up to this challenge and is proving responsive to average citizens. This is an historic move that adds to the momentum of our movement, and underlines its breadth and depth, and importantly, it comes as other state legislatures are poised to seriously consider legalization in the very near future.”

Statement from Matt Simon, New England political director at the Marijuana Policy Project: 
“This victory represents the product of more than five years of study, public hearings, difficult conversations, and hard work by legislators and advocates. Vermonters overwhelmingly support legalizing and regulating cannabis sales, and one by one their elected officials have joined the chorus of support. Vermont should be commended for the thoughtful process that resulted in the bill’s passage, and lawmakers in other states should strive to emulate Vermont’s successful example.”  

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Montpelier, VT — Today, the Vermont Senate cast a final vote (23-6) in favor of S. 54 — legislation that would legalize, regulate, and tax cannabis sales. Last week, the House of Representatives approved S. 54 in a final vote of 92-56. The bill now proceeds to the desk of Gov. Phil Scott, who has not said whether he will sign it. You can find a summary of the bill here.

The Senate is also expected to pass S. 234, a bill that would require the automatic expungement of all criminal records for past low-level cannabis possession offenses, and send it to the governor’s desk. In addition to expunging records, the bill would decriminalize possession of cannabis in amounts that are up to twice the legal limit for adults and reduce some cannabis penalties. You can read a full summary of S. 234 here.

If S. 54 is enacted, Vermont would become the 11th state to regulate and tax cannabis sales for adult use. Currently, Vermont remains one of only two U.S. jurisdictions where cannabis is legal but where adult-use sales are still illegal and unregulated. The other jurisdiction is Washington, D.C., which has less autonomy than states. Congress has prevented D.C. from legalizing and regulating cannabis sales.

Support for this legislation is widespread among Vermonters. A poll commissioned by the Marijuana Policy Project in February found that an overwhelming 76% of Vermont residents support allowing adults 21 and over to purchase cannabis from regulated, tax-paying small businesses.

Statement from Laura Subin, director of the Vermont Coalition to Regulate Marijuana: 
“If Governor Scott signs S. 54 and S.234, Vermont will take the next critical steps towards truly fair and sensible cannabis policy. Tens of thousands of individuals — disproportionately Black and Brown people — will no longer bear the burden of criminal convictions for possessing small amounts of cannabis. Patients and adult consumers will be able to purchase cannabis that has been independently lab tested. There will be license priorities for minority- and women-owned businesses and small farmers, and the state will be required to promote participation in the emerging industry for those who have been most harmed by cannabis prohibition. Now is the time for Vermont to move forward.”

Statement from Matt Simon, New England political director at the Marijuana Policy Project: 
“Vermont legislators should be applauded for their hard work fine-tuning the cannabis regulation bill and sending it forward to the governor’s desk. This was a difficult compromise, but legislators worked hard to ensure that a wide range of concerns were addressed. S. 54 and its companion bill, S. 234, both represent critical steps forward for cannabis policy in Vermont.” 

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Montpelier, VT — Today, the Vermont House of Representatives cast a final vote (92-56) in favor of S. 54 — legislation that would legalize, regulate, and tax cannabis sales. House and Senate negotiators reached a final agreement on the provisions of S. 54 earlier this week. The bill will require a final vote from the Senate before it proceeds to the desk of Gov. Phil Scott, who has not yet indicated whether he will sign it. You can find a summary of the bill here.

If S. 54 is enacted, Vermont would join 10 states that have laws regulating and taxing cannabis for adult use. Vermont remains one of only two U.S. jurisdictions where cannabis is legal but where adult-use sales are still illegal and unregulated. The other jurisdiction is Washington, D.C., which has less autonomy than states. Congress has prevented D.C. from legalizing and regulating cannabis sales.

An overwhelming 76% of Vermont residents support allowing adults 21 and over to purchase cannabis from regulated, tax-paying small businesses according to a poll conducted by Public Policy Polling and commissioned by the Marijuana Policy Project earlier this year. The complete results are available here.

Statement from Matt Simon, New England political director at the Marijuana Policy Project: 
“It’s exciting to see that Vermont is on the cusp of ending cannabis prohibition for adults. Most Vermonters are not interested in growing their own plants, and many are unable to do so because it is prohibited by their rental agreements, so the only sensible policy is to create a regulated market for adult-use cannabis in Vermont. Governor Scott should recognize the merits of this bill and sign it into law after it passes the Senate.”

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Following a lawsuit filed by opponents, the ruling removes the medical marijuana constitutional initiative from the ballot 

Lincoln, NE — The Nebraska Supreme Court has ruled that the medical marijuana ballot initiative supported by Nebraskans for Medical Marijuana will not appear on the November 2020 ballot. The decision came in response to a lawsuit filed by opponents arguing that the measure violated the state’s single subject rules. 

The Marijuana Policy Project, which has assisted the campaign from its inception and played an important role during the signature drive, expressed its extreme disappointment with the decision while vowing to continue supporting efforts to reform marijuana laws in the state. 

Nebraskans for Medical Marijuana submitted over 190,000 signatures in support of the amendment in July. The Court’s decision overturns Secretary of State Bob Evnen’s decision to certify the initiative after a similar legal challenge was submitted by opponents in August.

Statement from Matthew Schweich, deputy director of the Marijuana Policy Project:

“This is an outrageous and deeply flawed decision by a group of activist judges. This ruling means that sick and suffering medical marijuana patients, including veterans, will continue to be criminals in Nebraska when they try to live healthier lives. This ruling tramples on the constitutional rights of over 190,000 Nebraskans who signed the petition and deprives the voters of Nebraska of their opportunity to decide this issue at the ballot box.

“Our opponents are cowards. They use insider political tactics because they cannot win this debate. Medical marijuana will be legal in Nebraska one day. We lost this battle but we will undoubtedly win the war. We’ll be back.”

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Reimagining Justice: Race, Cannabis, and Policing Event to Address How the Legalization of Cannabis Could Help Justice Reform

Washington, D.C. — The Marijuana Policy Project, the largest organization in the U.S. focused solely on enacting humane cannabis laws, is launching its Reimagining Justice initiative on July 15. The event will take a deeper look at race, cannabis, and policing in America with an afternoon of thoughtful discussion amongst America’s leading civil rights and cannabis activists, including former NBA star Al Harrington and Canadian cannabis entrepreneurs and Houseplant co-founders, Seth Rogen and Evan Goldberg.

“As our country grapples with how to address criminal justice and policing reform, it is of the utmost importance to include cannabis legalization in the discussion. For decades, cannabis criminalization has disproportionately harmed Black and Brown lives and has served as a pretext for countless police stops, some of which end with fatality. While cannabis legalization is not the cure-all to end oppressive policing, it is necessary and would provide an opportunity to shift policing away from the failed drug war and towards community healing,” said Steve Hawkins, executive director of the Marijuana Policy Project.

“The war on drugs since its inception has unfairly targeted people of color with a focus on the black community. The result has been devastating to these communities. The NAACP has a long history of fighting against these policies at the state and federal level. In 2011, we passed a resolution calling for the decriminalization of marijuana and have worked to ensure that we reverse the harm caused by years of draconian laws and targeting. Further, as the legalized cannabis industry expands, there must be equity in legalization efforts and remedies established to reverse the harm caused by the war on drugs. It is simply inadequate for there to be any scenario in which millions of people are languishing in prisons for marijuana related convictions while a few others are making millions of dollars in profit. Reimagining justice as it relates to race and cannabis is an imperative,” said Derrick Johnson, CEO and President of the NAACP.

MPP’s afternoon conference will cover topics like Cannabis Criminalization and Oppressive Policing in Communities of Color, Weaponizing Cannabis to Justify Deadly Encounters and Victim-Blaming, and a fireside chat between former NBA star and founder of Viola Brands Al Harrington and Ben Jealous, president of People for the American Way. 

“We cannot discuss the success of the cannabis industry without discussing the lack of Black representation in the space and the profiteering of Black and Brown communities. Our work at Viola is focused on upending the injustices minority folks have felt from the war on drugs. I am eager to come together with leaders who share the same personal dedication to this cause at the Marijuana Policy Project’s summit. My hope is that the work we put in as a community leaves behind a legacy of generational wealth in the cannabis industry,” said Al Harrington, founder of Viola Brands.

Houseplant co-founders Seth Rogen and Evan Goldberg will take part in the panel Reversing Harm through Legalization, Expungement, Release Removing Collateral Consequences.

“It’s crazy that there are millions of people in America who can’t vote, who can’t get a job, who can’t do things that so many take for granted because they have been arrested for something that isn’t illegal anymore,” said Rogen. “Evan and I, along with the Houseplant team, think that is totally unacceptable.”

The day’s forum will also include the following panelists:

• Neill Franklin, Executive Director, Law Enforcement Action Partnership
• Nkechi Taifa, Executive Director, The Justice Roundtable
• Pastor Jamal Bryant, New Birth Missionary Baptist Church
• Natalie Papillion, Founder and Executive Director, The Equity Organization
• Roland Martin, Host and Managing Editor, Roland Martin Unfiltered
• Jasmine Rand, Civil Rights Activist, Attorney to Trayvon Martin and Michael Brown families
• Niambe McIntosh, Executive Director, Peter Tosh Estate
• Reverend Mark Thompson, Activist, “Make it Plain” Podcast Host
• David Johns, Executive Director, National Black Justice Coalition
• Ericka Pittman, Chief Marketing Officer of Viola
• Rachael Rollins, District Attorney of Suffolk County, Massachusetts
• Reverend Delman Coates, Senior Pastor, Mt. Ennon Baptist Church

To register for the event, go to mpp2020summit.splashthat.com/. Attendees can also view the event on MPP’s Facebook Live. 

“Only through legalization do we dramatically end arrests for cannabis-related offenses and rid ourselves of the number one pretext for thousands of police stops that happen daily in communities of color. While cannabis legalization alone will not save Black and Brown lives, it offers an opportunity to re-center policing away from a focus on the drug war to a focus on community healing and positive relationship-building,” added Hawkins.

The Marijuana Policy Project would also like to recognize event sponsors, PAX and Houseplant, for their hard work and dedication to help produce this event.

If you are a reporter interested in covering the event or speaking with one of our panelists, please contact Gretchen Gailey at ggailey@panoptic-strategies.com or 202.489.3821.

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Washington, D.C. — Beginning tomorrow, Virginia’s cannabis decriminalization law will officially go into effect. In May, Gov. Ralph Northam (D) signed the decriminalization bill (SB 2/ HB 972) into law, making Virginia the 27th state to decriminalize simple possession. The law reclassifies possession of one ounce or less of cannabis to a civil penalty punishable by a fine of up to $25, the lowest fine of any decriminalization law in the country.

The decriminalization law also creates a work group to study legalization in Virginia and make recommendations by November 30, 2020. Last week, the Virginia Legislative Black Caucus pledged to introduce legislation to legalize cannabis during a special session set for August, among other criminal justice and policing reforms. 

Virginia’s decriminalization law goes into effect as cannabis policy reform continues to gain momentum in the South. Mississippi and North Carolina have had decriminalization laws on the books since the 1970s. According to Civiq, a majority of voters in every state in the South support cannabis legalization.

Recently, the governor of Louisiana signed a bill (HB 819) to expand the state’s medical cannabis program, and lawmakers in Georgia included a cannabis decriminalization provision in the Georgia Justice Act — a broad measure that has been introduced to address police brutality and racism. In November, voters in Mississippi will decide on medical cannabis legalization. Arkansas, Louisiana, and Florida already have comprehensive medical cannabis laws on the books, and Virginia has a more limited medical cannabis law, which the legislature and governor expanded this year. 

Statement from Steve Hawkins, MPP’s executive director:
“Decriminalizing cannabis will save thousands of Virginians from the trauma of arrest and the stigma of a criminal conviction. However, Virginia lawmakers should continue to work towards broader cannabis policy reform. As the Virginia Legislative Black Caucus has recognized, full legalization is needed. While decriminalization is long overdue, legalization is necessary to dramatically reduce police-civilian interactions and remove the pretext for countless police stops.” 

Statement from Olivia Naugle, MPP’s legislative analyst:
“Twenty-seven states have now decriminalized cannabis, and Virginia’s decriminalization law is the strongest among them. Once the law is in effect, it will prevent Virginians from being criminalized and having their lives derailed for simple cannabis possession.”

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Trenton, NJ — On Thursday, the New Jersey Assembly voted in favor (63-10, with five abstentions) of a decriminalization bill (A.1897) that would decriminalize possession, manufacture, and distribution of up to two ounces of cannabis in the state, reducing the penalty to a $50 civil fine. The bill would also create a virtual expungement process and prohibit discrimination in lending, housing, and public accommodations for prior offenses. You can read a full summary of the bill here.

If the bill is approved by the Senate in its current form, and signed into law, it will have significant loopholes that would allow for continued criminalization of marijuana users. New Jerseyans could still be arrested and incarcerated for possession of cannabis-related paraphernalia (including the container cannabis is in), being under the influence of cannabis, or failing to hand over cannabis to law enforcement.

A more comprehensive decriminalization bill (S.2535) has also been filed in the Senate. The Senate bill would decriminalize up to one pound of cannabis, includes provisions to eliminate law enforcement’s ability to detain or arrest someone based on the smell or odor of cannabis, and prevents discrimination for past convictions in housing and public accommodations. You can read a full summary of the Senate bill here.

Currently, simple possession of cannabis is punishable by up to six months in jail. According to an ACLU-NJ report, the number of cannabis arrests have risen over the last decade, with the latest data finding that 94 individuals are arrested every day for cannabis in New Jersey. 

New Jersey lawmakers approved a resolution last year that will allow voters to decide whether to legalize cannabis for adults’ use in November 2020. In April, Monmouth University released a poll finding 61% of voters would vote in favor of the measure.

Statement from DeVaughn Ward, MPP’s senior legislative counsel:

“MPP strongly believes cannabis should be legal for all adults, but decriminalization is a vital and necessary interim step. However, we encourage the Senate to pass a stronger decriminalization bill. If the legislature fails to enact decriminalization, more than 30,000 individuals in New Jersey will face traumatic arrests and prosecutions while voters wait for Election Day.”

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