The Green Thread: Marijuana in the states

[Badger]

I hope Jeff Sessions enforces federal law. If you want the law changed, change it. We can't just ignore the hierarchy of legal code.

What happened to conservatives supporting states rights?

They will again when they're out of power, but then with all the changes they made the Dems can ram a lot down their throat and they won't be able to stop it. Not a smart move on their part.

[Badger]

National support at all-time high

88% support medical, 61% support recreational, and 71% oppose a federal crackdown on states that have legalized.

Our politicians routinely believe and act as if America is more conservative than it actually is.

Most politicians are old white men, too.  It's not hard to figure out.

And they all had it drilled into them throughout their school years how dangerous it was. Health classes that covered drug use back in the 60's-80's covered marijuana in the same section as heroin. It's very hard to overcome that deep early training, despite its common use in their college years, even as modern facts emerge.

Speaking as a high school student from the 80's, I concur.

[Badger]

Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

Should be interesting to see how many Republicans get behind this.  I'd expect it to get near-unanimous support from state delegations where it's been legalized and possible majority support from the Freedom Caucus.  I don't think every Democrat will vote for it, but I think this has a real chance at getting passed.  Fingers crossed.

https://en.wikipedia.org/wiki/Hastert_Rule

[Badger]

BIG

Ohio Attorney General certifies marijuana legalization petition

Advocates are aiming to put it on the ballot for 2019. Brilliant, because nothing turns out youth and minority voters like an off-off-year election.

[Badger]

I mean there's really no point in opposing Legal Marijuana in IL anymore, but I don't think personally that the decision is up to Pritzker....

Mike can you please let us have that herb finally?

If you are referring to muon, remember he's leaving the state legislature in another week or so.

Besides, as smart as he is he was more than willing only about a year before oberfell to deny equal rights to every gay and lesbian person in Illinois because he became a complete and utter b**** two party extremist  in the name of party Unity. I don't care how smart he is, history has shown one cannot count on him to do the right thing.

[Badger]

Okay, let's war game this. What is the most likely route for legal marijuana to fail in Illinois at this point? Near unified Republican opposition fwiw, no? What are the chances enough conservative Democrats could defect to stop this? Relatively low, correct?

So it comes down to the big players I guess. Will Madigan use his clout to bottle this up in committee? I have a hard time seeing pritzker not sign a bill that comes to him. So it's going to come down to the legislature. Which I think means it's going to come down to Madigan, no?

[Badger]

Did the Ohio State Legislature just accidentally legalize marijuana?

Huffington Post:

"State contortions to legalize hemp in Ohio got so complicated that it now looks like misdemeanor marijuana charges won’t be prosecuted — in effect legalizing pot for the time being.

That’s pretty much the conclusion of legal experts and the state attorney general. Columbus officials have already declared they’re dropping prosecution of pot misdemeanors"

https://www.huffpost.com/entry/ohio-marijuana-legal-accident-hemp_n_5d4e689de4b0fd2733f0b7df

Yes and no. I today read the memo from Hamilton County - - Cinci area - - to County law enforcement agencies. His take on the matter is that, since it's a matter of having the technical know-how to properly test the marijuana which won't be developed for at least several months apparently, but felony charges have at least a six-year statute of limitations, that prosecution's in such matters May simply be delayed.

Now it's very different for minor misdemeanor level possession of marijuana. Ohio is surprisingly Progressive on this matter having decriminalized marijuana many years ago, but only recently removed a mandatory 6 months to five your license suspension. Because minor misdemeanors have only a six-month statute of limitations, it effectively negates any prosecution's. Ergo the Columbus City prosecutor's office has announced its dropping any pending prosecution's as well as not filing additional ones. They cover all of Franklin County, plus those portions of the city of Columbus in other counties, FYI.

The question just dawned on me about Minor misdemeanor marijuana drug paraphernalia charges. Such things include pipes, papers, even plastic baggies or other containers for marijuana. Until just a few years ago, along with getting rid of the mandatory license suspension, drug paraphernalia was punishable by up to 30 days and $250 fine, addition to the mandatory license suspension. So you could actually get a less serious penalty from up to 1/5 pound of marijuana possession, then you could for the baggy you carried it in!

Anyway, it now is also decriminalize, punishable by up to $150 fine and no mandatory suspension. I suppose if some kid is found with a pipe and admits when the cop asks that it's for smoking weed they could be prosecuted for it. I sincerely doubt the city of Columbus will do so, especially as a client has eyes on going higher up the political food chain, and taking a hard stance on marijuana in 2019 is not the way to go to win over Central Ohio Democratic primary voters. Other counties like when I used to prosecute for in West Ohio, though, just might decide it's worth doing rather than letting Devil Weed run rampant among their communities.

[Badger]

Wisconsin really stands out as a bizarre exception to the rule for the dark blue States. Probably comes from the lack of having voter initiative or referendum measures, IMHO.

[Badger]

As Arizona looks likely to have marijuana on the ballot in November, a new poll is out:

https://twitter.com/OHPredictive/status/1285545282957185030

Interestingly, the poll shows that support is roughly the same regardless of whether the respondent is from an urban, suburban or rural area.

It barely lost last time, almost a slam dunk this time.

Historically the no vote picks up a lot of strength in the months and weeks leading up to election day. If the yes vote isn't far ahead of the polls months ahead of time, it'll likely lose.

That said, I just don't see the no vote making up a 30 Point deficit, assuming this isn't some massive outlier.

[Badger]

I don't have a personal stake in marijuana legalisation (beyond a desire to see incarcerations for frivolous offences decline), but I'm interested in where the legalisation movement goes next.

As far as legislature-based action, there are six Dem trifecta states which have not legalised recreational marijuana:
- New York
- New Mexico
- Delaware
- Rhode Island
- Connecticut
- Virginia

Is there any chance these states move forward with legislation in the 2021-22 session? Or will legislators (and Governors up for re-election in 2022) still view it as a damaging move for their re-election chances?

Or will it just be down to ballot measures again? I know that the scope for further ballot measures is getting smaller, given that many of those states with decent ballot measure laws have already held referenda on the subject.

I appreciate this is far from the priority right now, (given the ongoing health situation) but I was just interested if there has been any further talk. European data law prevents me reading most US newsmedia beyond the NYT and WaPo, so I'm starved of any regional news at the minute.

I think NY and NM are the most likely possibilities this year, although I've heard the Governors/House speakers in all of the above states say it's a priority.

Here's a good article summarizing them: https://www.marijuanamoment.net/these-states-are-the-most-likely-to-legalize-marijuana-in-2021/

Thanks, that was an interesting read - maybe a little optimistic in places, but a really nice breakdown of the current landscape, and the current word from state officials on the matter.

NY and NM definitely make a lot of sense as the next two states to move ahead. Politically, a lot of State Reps/Senators in those states are likely to be bolstered, rather than hurt by action on legalisation, and their governors both seem keen to be able to run on their legalisation efforts in '22.

Also, both make a lot of sense geographically. Given the way things are moving out west, it feels like an inevitability in NM now, giving their increasingly being boxed in by states like AZ and CO that have legalised. And in NY, enforcement will presumably get much harder now, given legalisation in NJ and much of New England. On a similar note, once NY legalises recreational use, I imagine it will force the hand of CT and RI.

IIRC, a lone ancient conservadem in the NM Senate who was the pivotal vote in holding up legalization (maybe in committee) was beat in a primary this year by a young progressive. Decent sign of hope.

[Badger]

Emerging story in Louisiana: the State House is debating recreational legalisation.

The bill has passed the House Administration of Criminal Justice Committee, with a 7-5 vote for legalisation, and a 6-5 vote for decriminalisation. As such, the

Additional steps are being taken, which provide a level of credibility to this proposal. The House Judiciary Committee passed a separate bill (9-2 vote), designed to regulate the industry, (including home growing permits, and business licencing fees) in the event the initial bill passes.

Both bills were sponsored and introduced by Rep. Richard Nelson (R). I do not know enough about local LA politics to gauge the chances of success, but given that the full House will debate the measure in the coming days. What I can tell you is that, assuming broad Democratic support, just over half the GOP caucus in both chambers would be required for legislation to be successful.

Sources:
https://www.marijuanamoment.net/louisiana-lawmakers-approve-marijuana-licensing-bill-in-anticipation-of-legalization/
https://www.marijuanamoment.net/louisiana-lawmakers-approve-marijuana-legalization-bill-in-committee/

Well I'll be damned... Louisiana?!?

[Badger]

My strong take is that this is being done to attempt preempting a far more expensive legalization ballot initiative.

[Badger]

South Dakota to vote on cannabis legalization (again) this November

https://twitter.com/tomangell/status/1529559639112687617?cxt=HHwWgoCxgemYi7oqAAA...

Are activists confident that this referendum, if it passes, won’t also get overturned?

The reason the last referendum was overturned was because of some extreme and arguably politicized ruling that the measure violated a one issue provision for South Dakota referendum. The state supreme court specifically held that because the measure both legalized marijuana and created a system/regulations for its sale/use, this was somehow two separate issues that should have been handled in two separate referendum. Utterly ridiculous of course, but presumably the drafters of this referendum have addressed it.

[Badger]

Missouri will be the fifth state to vote on legalization this November; along with North Dakota, South Dakota, Maryland & Oklahoma.

https://twitter.com/stltoday/status/1557106193038036992?cxt=HHwWgMC-maX1-ZsrAAAA

I wonder how these will fare? South Dakota is unlikely to turn down a referendum it past just 2 years ago. North Dakota is not exactly its political twin so I could see it being a close fight there. Maryland is surely a lock for passage. I would bet Missouri will pass, but I'm skeptical Oklahoma would

[Badger]

Here's where things stand now. I gave Virginia and Vermont lighter shades of green because while possession is legal, selling is not. I'll make changes to the map when necessary and we'll see what it looks like after November.

How the Frick is that possible in Vermont?!?

Oh wait. Answer begins with Phil and ends with Scott,  right?

[Badger]

What's rural Missouri's deal? They love tf out of their meth but weed is a step too far?

Evangelicals are freaking weird.

The typical person who's makes or uses meth in rural Missouri is not a voter, and if they are probably is among those who voted to legalize weed. The rest are mcmansion dwelling mega church attending Trumpheads.

As previously noted, the no vote ran 10 to 20 points behind Trump throughout rural missouri.

[Badger]

So the answer to the OP's less than good faith question seems to be "no". Another conservative gotcha moment ruined by liberals not living down to their expectations and stereotypes.

[Badger]

A-hole move by the WI GOP! 😒

Wisconsin GOP Lawmakers Strip Marijuana Legalization From Governor’s Budget In Joint Hearing

https://www.marijuanamoment.net/wisconsin-gop-lawmakers-strip-marijuana-legalization-from-governors-budget-in-joint-hearing/

They refuse to even allow medical, there's no way they're allowing anything else to happen. So we're surrounded and they're mad about that, they're going to start trying to get the state patrol to start cracking down is my guess.

Wisconsin doesn't have a referendum option, does it? Rather amazing considering it was in so many ways the Wellspring of the Progressive Movement.

[Badger]

Signature gatherers fell just short in Ohio, however:

A proposal to legalize adult use of marijuana in Ohio narrowly fell short Tuesday of the signatures it needed to make the fall statewide ballot. Backers will have 10 days, or until Aug. 4, to gather more.

Republican Secretary of State Frank LaRose determined the Coalition to Regulate Marijuana Like Alcohol was short by just 679 signatures of the 124,046 signatures required to put the question before voters on Nov. 7.

679 short. Wow.

A new poll indicates strong support too:

The USA TODAY Network/Suffolk University survey, published on Wednesday, found that about 59 percent of Ohioans support legalizing the possession and sale of cannabis for adults 21 and older. Just 35 percent are opposed.

Democrats were the most supportive of the policy change, at 77 percent, followed by independents, 63 percent of whom are on board. Among Republicans, however, just 40 percent back legalizing cannabis.

There was also majority support among voters in every age group, except for those over 65.

Wait, why are you if they have until August 4th to gather more signatures? If so, that's easily getting to its goal.

That's not a frown emoji. It's an unamused face emoji. They should've had it on the first attempt, that's all.

Quick side note. A little talked about third impact of the issue one referendum on the ballot this tuesday, in addition to requiring a threshold number of signatures in all 88 counties rather than the current 44 counties put an initiative on the ballot, plus a 60% supermajority Statewide vote to pass it, it would also remove this 10-day correction. If signatures came insanely short like the marijuana initiative. Backers will almost surely come up with the several hundred signatures and then some necessary to get this on the ballot, but if he shouldn't passes it gets tossed because a relative handfuls of signatures were deemed invalid/ insufficient.

[Badger]

For being such a GOP leaning state since the Trump era began Ohio seems to have really put itself up on a progressive pedestal this November.

"Ohio, come for the weed, stay for the Reproductive Rights" is the last thing I expected to potentially happen

This is more result of Ohio Republicans overreaching rather than any tangible reversion to the mean of Ohio once again becoming a swing state with a +1 or 2R PVI.

[Badger]

https://twitter.com/andrewjtobias/status/1707071429953380679?s=46

Historically support for the yes vote drops as an election approaches, and that's especially so for marijuana legalization initiatives. Still, this is enough of a lead that yes should still win comfortably.

[Badger]

Allegedly the Ohio GOP says they’ll repeal the legalization in the state legislature.

Of course they will. Why wouldn't they? The views of the voters have long cease to matter to them so long as they can still hold on to their Trump era nominal political advantage into a gerrymandered supermajority to do what they want.