The Green Thread: Marijuana in the states

[Torrain]

Mason-Dixon poll of SD: https://eu.argusleader.com/story/news/politics/elections/2020/10/24/argus-leader-kelo-tv-south-dakota-marijuana-poll/6012860002/

October 19-21
625 likely voters
MoE: 4%

Medicinal marijuana referendum
Yes 74%
No 23%
Undecided 3%

Recreational marijuana referendum
Yes 51%
No 44%
Undecided 5%

If SD goes from fully illegal (but decriminalised) marijuana to full legalisation, it's going to make for some surreal moments.

Also, it'll be interesting to see what legalisation does to the regional politics on the issue. If MT and SD have both legalised, does it become harder to enforce in ID, ND, NE etc, leading to a shift in policy and speed up the trend towards legalisation in across the Great Plains?

[Torrain]

Also, it'll be interesting to see what legalisation does to the regional politics on the issue. If MT and SD have both legalised, does it become harder to enforce in ID, ND, NE etc, leading to a shift in policy and speed up the trend towards legalisation in across the Great Plains?

You would think that is how it'd work, but in other regions this does not seem to be the case. Politicians who have never known a pro-legalization world in their formative years simply can't bring themselves to do it. Even with Vermont, at least its initial legalization measure was half-baked. New Jersey couldn't agree and sent it to the voters. Other states opted to sit around and "study" the issue more (aka do nothing). Illinois is the only one who fully pulled the trigger.

We really need movement at the federal level to stop giving obstinate politicians the muh federal govt prohibition excuse.

That makes a lot of sense.

If a Biden DOJ was to move to alter enforcement again, or Congress altered it's classification the Illegal Substances Act, would that be enough to alter policy at the state level?

A move to decriminalise at the federal level would presumably change the tenor of the conversation, but it feels like the states still hold all the cards to enact more permanent reform at this point.

[Torrain]

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.

[Torrain]

In New York, Cuomo recently said he'll try to push legalization bills through this year. I'm not sure what the prospects are in the state legislature, but the pressure may have heightened a little due to now bordering 3 legalized states + Canada.

I feel Delaware, Rhode Island & Connecticut are the next states to legalize, but it may take a back seat for a bit due to COVID.

I'm also not sure about Virginia, though Northam has also recently made strong overtures towards passing legalization. I think it'll be dependent on how the November elections go.

Thanks!

I'll definitely keep an eye on NY in that case...

[Torrain]

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.

[Torrain]

Noem has launched a lawsuit, supported by executive action, to try and get the referendum on legalization overturned...

South Dakota Republican Gov. Kristi Noem issued an executive order that indicated she is behind the effort to overturn voter-approved recreational cannabis legalization and that she has the right to challenge legalization as part of her duty to defend the state’s constitution.

The two-page executive order issued Friday noted that she instructed South Dakota Highway Patrol Superintendent Col. Rick Miller to initiate the lawsuit in November.
https://mjbizdaily.com/south-dakota-governor-defends-suit-to-overturn-recreational-cannabis-legalization/

PIERRE – South Dakota voters created an unconstitutional super agency that would be a fourth branch of government when they voted to legalize small amounts of recreational marijuana, a lawyer challenging the vote argued Wednesday.

Amendment A conveyed broad powers to the South Dakota Department of Revenue to regulate and tax marijuana, lawyer Lisa Prostrollo told Circuit Court Judge Christina Klinger.

The amendment had so much power that it usurped powers delegated by the South Dakota Constitution to the Legislative, Judicial and Executive branches of government, Prostrollo said.

“This amendment will have a significant impact on our state, on our constitution and our system of government,” Prostrollo said. “That’s why we have initiated this lawsuit.”
https://eu.argusleader.com/story/news/2021/01/27/south-dakota-legal-marijuana-amendment-comes-under-fire-pierre-courtroom/4286599001/

[Torrain]

Interesting article from the British Medical Journal (one of the most reputable scientific journals, both here and in the international rankings), that lays out a link between cannabis legalisation and decreased opioid deaths in the US:

https://www.bmj.com/company/newsroom/legal-cannabis-stores-linked-to-fewer-opioid-deaths-in-the-united-states/

According to this estimate, an increase from one to two dispensaries in a county was associated with an estimated 17% reduction in all opioid related mortality rates.

This association held for both medical and recreational dispensaries and appeared particularly strong for deaths associated with synthetic opioids other than methadone, with an estimated 21% reduction in mortality rates associated with an increase from one to two dispensaries.  

An increase from two to three dispensaries was associated with a further 8.5% reduction in all opioid related mortality rates.

Also, here's a Politico article, laying out efforts to push medical marijuana through in Nebraska and Idaho, in addition to improving legislation in KS, SC, KY and AL to support the medical program. There's some interesting stuff about Gov. Kelly's work in Kansas in particular.

https://www.politico.com/news/2021/02/12/medical-marijuana-state-laws-468937