When it comes to legalization of cannabis in any form, there seems to be a distinct difference between the public’s opinion compared to elected officials’ opinion. In a recent poll conducted by Quinnipac University, almost 70 percent of the general population say cannabis should be legalized in the US. With so many people in support of legalization, why are there still several states that haven’t legalized medical and/or recreational cannabis?
Marijuana Policy Project (MPP) is one of the leading cannabis activist groups. They are working with each state to make both medical and recreational cannabis legal. Recently, the Deputy Director Matthew Schweich published an open-ended article. It discusses how prohibitionists are working hard to prevent cannabis legalization from happening. In his article, he highlights four points:
- Opponents are attempting to restrict future ballot initiatives
- They are filing lawsuit to prevent initiatives from even qualifying for the general election ballot
- Opponents are filing lawsuits to overturn voter approved initiatives
- They are passing and encouraging the passage of delays/laws that would undo what ballot initiatives have done.
Let’s take a look at each point.
Restricting Ballot Initiatives
One of the points the Deputy Director of MPP brought up is restricting ballot initiatives. One state so far this year has been working towards this restriction more than any other: Idaho. This conservative state traditionally opposes to any sort of legalization or reform measure. It wasn’t until this year that Idaho legalized limited forms of hemp, making it the last state to do so. So it’s not surprising that Idaho has been trying to restrict ballot initiatives.
The bill in question is S1110. A higher percentage of overall signatures needs to come from rural areas rather than urban cities. This will offer a more accurate representation of the general public of the state. There was opposition to this bill. “There is simply no evidence that rural interests are underrepresented in Idaho politics,” said retired Boise State University professor Gary Moncrief. He spoke against the measure.
The bill still made its way to Governor Brad Little and he signed it into law. Now, any ballot initiative needs to have more rural signatures to make the measure legal in Idaho. But this hasn’t stopped cannabis activists from their attempts. Originally, activists focused on both recreational and medical cannabis legalization measures. Now, they are putting all their efforts into a medical cannabis measure.
Lawsuits to Prevent Initiatives
Another point in the article says prohibitionists are filing lawsuits against initiatives so they don’t qualify for the general election ballot. While this measure didn’t happen this year, 2020 saw a huge setback for Nebraskan activists. After collecting over 190,000 signatures, way over the 120,000 signatures needed for ballot measures, the state’s Supreme Court overturned the initiative after a lawsuit became filed against it.
Recently, cannabis activists received permission from the Nebraska Secretary of State to begin collecting signatures again. Their measure was rewritten to make sure that it could not be contested for the single clause initiative. However, with 2022 being the next general election, some fear that the measure won’t get enough votes. Many citizens don’t vote during non-Presidential years, making it easier for measures to die from a lack of votes.
Additionally, the governor of Nebraska, Pete Ricketts (R), has vocally opposed any legalization or reform efforts. When the unicameral chamber debated the medical cannabis act, LB 474, the governor expressed his concern towards legalization to the press.
Overturning Voter Approved Ballot Measures
The third point the MPP Deputy Director noted is how voters are seeing lawsuits against measures approved at the polls. Most recently, the Mississippi Supreme Court, in a final vote of 6-3, voted to overturn IM 65. This measure would have established a medical cannabis program in Mississippi. The measure received a 74 percent voter approval rate. But the Mayor of Madison, Mississippi, Mary Hawkings Butler, filed a lawsuit against IM 65.
Her reasoning? There were too many signatures from each district. Each district should not exceed more than ⅕ of the total signatures. However, there are now only four districts in Mississippi, rather than the five the state originally had under this law. Its mathematically impossible for initiative measures to follow these rules. The law needed updated when the district numbers changed in 2000, but it never happened. However, this oversight has led to the Supreme Court of the state to overturn the medical cannabis measure. By doing this, all previous measures approved by voters through initiative measures are now in question.
How come previous measures had not been overturned or questioned up until now? Activists speculate that it has to do with the subject matter of cannabis legalization. There are still many strong proponents and lawmakers who oppose legalization. Cannabis activists argue these measures are hurting more than helping, citing the need for medical cannabis for patients.
Delaying Law Enactment
The final point is how lawmakers are writing laws to either delay the start of a law or find ways to change the law entirely from what voters approved. The biggest lawmaker to try and delay the start of legalization is South Dakota Governor Kristi Noem (R). Back in November 2020 both recreational and medical cannabis legalization measures received approval from the general public.
Instantly, Governor Noem filed a lawsuit against Amendment A, the recreational cannabis legalization initiative that received 54 percent approval at the polls. Currently, Amendment A is awaiting the South Dakota Supreme Court decision on the single clause factor many other states have adopted.
The other initiative, IM 26, received a 70 percent approval rating at the 2020 polls. Governor Noem once again pushed back against the results. She even said South Dakota citizens made “the wrong choice” when it came to cannabis legalization.
HB 1100
Shortly after the legislative session began, HB 1100 was introduced by Governor Noem’s supporters. This bill would delay the start of medical cannabis measure IM 26 from beginning July 1, 2021, to at least October 1, 2022. There would be further restrictions on who qualified for medical cannabis, what they can take, and how it can be prescribed. As lawmakers discussed the bill, it ultimately died as the Senate and the House couldn’t come to agreements.
With HB 1100 dead in the legislative session, Governor Noem tried to offer a compromise to still delay the start of IM 26. It never became considered in either chamber. Finally, Governor Noem called for a special session so congress could reconsider their decision on HB 1100. But lawmakers say this is not how special sessions are conducted. They aren’t “do-over” sessions.
Future
Prohibitionists and cannabis activists will always be pushing against one another. Deputy Director Schweich’s article, however, makes it seem like there are more attacks on legalization than ever before. It may still be a while before any new reform comes. About half of the states have adjourned their legislative sessions for the year and won’t be back until January 2022.
There are changes happening in the US congress as the MORE Act became reintroduced. It’s a measure to legalize cannabis nationally. The bill passed the US House of Representatives last year, but in the Senate before the session ended in December. Perhaps changes will come on the national level next, but only time will tell.
Make sure to check back for more cannabis and hemp related news.