Source: @norml @WeedConnection
Posted By: norml@weedconnection.com
media :: news - Tue, 10 Nov 2014 04:20:21 PST
State, Local Marijuana Legalization Measures Win Big On Election Day
Alaska and Oregon Become Third and Fourth States To Regulate Adult Marijuana Use
Washington, DC: Voters in Oregon and Alaska legalized and regulated the commercial production and sale of marijuana for adults, while voters residing in the nation's capitol and in numerous other cities nationwide similarly decided this Election Day to eliminate marijuana possession penalties.
Alaska and Oregon voters decided in favor of a pair of statewide measures to regulate the commercial production, retail sale, and personal use of marijuana by adults. Alaska and Oregon are the third and fourth states to enact regulations on the licensed production and sale of cannabis, joining Colorado and Washington. All four states have enacted their marijuana legalization laws via voter initiative.
Commenting on the new laws' passage, NORML Deputy Director Paul Armentano said: "The majority of voters in these states, like a majority of voters nationwide, agree that a pragmatic regulatory framework that allows for the legal, licensed commercial production and retail sale of cannabis to adults best reduces the risks associated with the plant's use or potential abuse. Elected officials in Alaska, Oregon, and elsewhere should welcome the opportunity to bring these common sense and long overdue regulatory controls to the commercial cannabis market."
Under the new Oregon proposal (Measure 91), adults who engage in the non-commercial cultivation of limited amounts of cannabis for personal use (up to four marijuana plants and eight ounces of usable marijuana at a given time) will not be subject to taxation or commercial regulations. Imposition of the new law will not "amend or affect in any way the function, duties, and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act."
Under the Alaska measure (Ballot Measure 2), the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants for personal consumption will be legal and untaxed. Commercial production and retail sales of cannabis will be subject to licensing and taxation. Since 1975, Alaskans have enjoyed personal privacy protections allowing for the possession and cultivation of small quantities of cannabis. However, state law has never before permitted a legal market for marijuana production and sales.
Some 55 percent of Oregon voters backed Measure 91 while 52 percent of Alaskans endorsed Measure 2.
In California, nearly 60 percent of voters backed Proposition 47, which defelonizes simple drug possession crimes, such as the possession of hashish. Under the measure, Californians with felony records for certain marijuana possession offenses will also be eligible to have their records expunged. Those serving time for felony drug offenses will also be able to petition for resentencing.
In the US territory Guam, 56 percent of voters decided in favor of Proposal 14A, the Compassionate Cannabis Use Act. The new law directs "the Department of Public Health and Social Services to regulate the use of marijuana as treatment for medical conditions." The Department has up to nine months to provide rules for the territory's medical marijuana program.
By contrast, a proposed Florida amendment (Amendment 2) fell shy of the 60 percent support threshold necessary in that state to amend the state's constitution. Fifty-eight percent of Florida voters endorsed the measure, including supermajorities in most every age group except for those voters age 65 and older.
Said NORML's Deputy Director: "This vote wasn't a rejection of medical marijuana in Florida, but rather an affirmation that most Floridians want patient access to cannabis therapy. NORML hopes that the Florida lawmakers will hear this message loud and clear and take action in 2015 on behalf of the will of the majority of the electorate."
Municipal voters overwhelmingly decided in favor of depenalizing cannabis on Election Day. In Washington, DC, some 70 percent of District voters approved Initiative 71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants. Adults who engage in not-for-profit transactions of small quantities of cannabis or who possess marijuana-related paraphernalia are also no longer be subject to penalty under this act.
Unlike legalization measures in Alaska, Colorado, Oregon, and Washington, I-71 does not establish a regulatory framework for the regulation of a commercial cannabis market. However, members of the DC City Council are currently considering separate legislation to regulate the commercial production and sale of marijuana to adults. (Because Washington, DC does not possess statehood, all District laws are subject to Congressional approval prior to their implementation.)
Voters in several Michigan cities, including Saginaw (population 51,000), Port Huron (30,000), and Berkley (15,000) also decided in favor of local ballot measures depenalizing offenses involving the adult possession of up to one ounce of marijuana. Michigan lawmakers are anticipated to debate a statewide decriminalization proposal in 2015.
Likewise, voters in South Portland, Maine approved a municipal ordinance eliminating local penalties in regard to the adult possession of up to one ounce of cannabis. Voters in Lewiston, Maine rejected a similar measure.
In New Mexico, voters in Bernalillo and Santa Fe counties decided in favor of advisory questions in support of the decriminalization of one ounce or less of marijuana at a city, county and state level. Bernalillo and Santa Fe counties represent a third of the state's population.
Finally, in Massachusetts, voters in several state representative districts voted in favor of various nonbinding public policy questions calling on state officials to legalize and regulate cannabis-related commerce.
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Voters To Decide On Multiple Marijuana Reform Measures On Election Day
Washington, DC: Voters in three states and in numerous municipalities, including Washington, DC, will decide this Election Day on ballot measures seeking to significantly amend marijuana laws.
Voters in Alaska will decide on Ballot Measure 2, which seeks to legalize the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants for personal consumption. The measure would also allow for the establishment of licensed, commercial cannabis production and retail sales of marijuana and marijuana-infused products to those over the age of 21. Commercial production and retail sales of cannabis would be subject to taxation, but no taxes would be imposed upon those who choose to engage in non-commercial activities (e.g., growing small quantities of marijuana for personal use and/or engaging in not-for-profit transfers of limited quantities of cannabis.) Public consumption of cannabis would be subject to a civil fine.
Voters in California will decide on Proposition 47, which seeks to reduce penalties for various drug possession crimes, including offenses involving the possession of hashish or other concentrated forms of cannabis.
Voters in Florida will decide on a constitutional amendment (Amendment 2) that would permit physicians the discretion to authorize cannabis therapy to their patients. The measure would also direct the state Department of Health to establish regulations for the establishment of licensed medical cannabis cultivators and dispensaries. Under the proposal, authorized patients would not be permitted to cultivate their own marijuana. Because the proposal seeks to amend the Florida state constitution, it requires the support of more than 60 percent of voters in order for passage.
Voters in Oregon will decide on Measure 91, which seeks to regulate the commercial production, retail sale, and personal use of marijuana by adults. Adults who engage in the non-commercial cultivation of limited amounts of cannabis for personal use (up to four marijuana plants and eight ounces of usable marijuana at a given time) will not be subject to taxation or commercial regulations. Passage of the initiative would not "amend or affect in any way the function, duties, and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act."
Citizens residing in the US territory Guam will decide on Proposal 14A, the Compassionate Cannabis Use Act. If approved by voters, the measure would "direct the Department of Public Health and Social Services to regulate the use of marijuana as treatment for medical conditions." The Department would have up to nine months following the law's passage to provide rules for the territory's medical marijuana program.
In the District of Columbia, voters will decide on Initiative 71, which would remove criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants. Adults who engage in not-for-profit transactions of small quantities of cannabis or who possess marijuana-related paraphernalia would also no longer be subject to penalty under this act. The measure would not establish a regulatory framework for the regulation of a commercial cannabis market. Because Washington, DC does not possess statehood, all District laws are subject to Congressional approval prior to their implementation.
In Maine, voters in the cities of Lewiston and South Portland will decide on municipal measures eliminating local penalties in regard to the adult possession of up to one ounce of cannabis.
In Massachusetts, voters in eight select districts in the state will decide on non-binding public policy questions asking, "Shall the State Representative from this district be instructed to vote in favor of legislation that would allow the state to regulate and tax marijuana in the same manner as alcohol?" There will also be several other ballot questions regarding the legalization of marijuana in locations, you can read about these in-depth here and here.
In Michigan, voters in eleven cities - Berkley, Clare, Frankfort, Harrison, Huntington Woods, Lapeer, Mt. Pleasant, Onaway, Pleasant Ridge, Port Huron, and Saginaw - will decide on local ballot measures seeking to depenalize minor marijuana possession offenses by adults.
In New Mexico, voters in Bernalillo will decide on a non-binding countywide ballot measure asking citizens whether to reduce minor marijuana possession offenses from a criminal misdemeanor to a fine-only, civil offense.
Voters in several additional cities in California and Colorado will also decide on Election Day on various measures specific to marijuana cultivation, taxation, and dispensing. Washington state voters will also decide on an advisory measure (Advisory Vote No. 8) in regard to agricultural tax preferences for the marijuana industry.
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