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Cannabis on the Ballot: Lessons Learned from the Marijuana Reform Movement

On Tuesday, October 25, the Drug Enforcement and Policy Center and our panel of experts discussed the pros and cons of efforts to enact and implement drug policy reforms via the ballot box and these efforts’ impact on direct democracy more generally.

State Ballot Initiatives in 2022

An initiative to decriminalize certain psychedelics appeared on the 2022 ballot in Colorado and initiatives to legalize adult-use marijuana appeared on the 2022 ballot in Arkansas, Maryland, Missouri, North Dakota and South Dakota.

After the Arkansas Supreme Court’s recent decision, Arkansas residents were given the opportunity to vote to legalize full adult-use marijuana. In August of 2022, the Arkansas Supreme Court instructed the Secretary of State to place the measure on the ballot while the measure’s ballot title was being litigated in the courts. Just under fifty days before the November election, the court ruled that votes toward the legalization measure will be considered legitimate. Issue 4 was rejected by Arkansawyers with 56.3% voting against and 43.7% voting for the measure.

  • No - Criminal justice reforms
  • No - Social equity provisions
  • No - Employment protections
  • No - Home grow

As of May 2019, just over 10% of Coloradoans live in a jurisdiction that has made psilocybin mushrooms law enforcement’s lowest priority following the City of Denver’s approval of Initiated Ordinance 301. Proposition 122 will expand these efforts for the entire state by decriminalizing multiple psychedelic drugs currently listed as controlled substances for adults 21 years old and older. The measure also establishes a program that allows individuals to receive “natural medicine services” at licensed locations administered by a facilitator. Proposition 122 marks the state’s first attempt to decriminalize psychedelics at the ballot box and follows a similar path undertaken by Oregon in 2020. Proposition 122 was approved with 51% voting for and 49% voting against the measure.

  • Yes - Criminal justice reforms: Record sealing provisions
  • No - Social equity provisions
  • No - Employment protections
  • Yes - Home grow: Decriminalizes cultivation

Originally introduced in early 2022, Marylanders voted on a legislatively-referred constitutional amendment to legalize adult-use marijuana for adults 21 years of age and older. Question 4 marks the second time voters considered a state legislature-proposed constitutional amendment to legalize adult-use marijuana. HB 837 (implementing legislation that was already passed by the state legislature) will be enacted and establish the basic regulatory framework for implementing the adult-use program. Question 4 was approved with 65.5% voting for and 34.5% voting against the measure.

  • Yes - Criminal justice reforms: Offers expungement provisions.
  • Yes - Social equity provisions: Proposes Cannabis Business Assistance Fund for minority and women-owned businesses.
  • No - Employment protections
  • Yes - Home grow

Over a hundred years have passed since Missouri residents approved their first citizen-initiated ballot measure calling for a new constitution. 2022 marked the first time Missourians had a chance to consider full adult-use legalization at the ballot box. Confirmed by the Secretary of State in early August, the initiated constitutional amendment was considered four years after voters approved Amendment 2 and legalized medical marijuana with 65.59% of the vote. Missourians approved Amendment 3 with 53.1% voting for and 46.9% voting against the measure.

  • Yes - Criminal justice reforms: Offers expungement provisions.
  • Yes - Social equity provisions: Licensing provisions for eligible applicants.
  • No - Employment protections
  • Yes - Home grow: Requires personal cultivation registration card

For the second time in four years, North Dakota residents had the option to approve adult-use marijuana legalization in the upcoming election. Since the last measure in 2018, the state legislature has attempted to enact adult-use legalization on several occasions, passing multiple bills in the House but ultimately failing in the Senate. Measure 2 was rejected with 55% voting against and 45% voting for the measure.

  • No - Criminal justice reforms
  • No - Social equity provisions
  • No - Employment protections
  • Yes - Home grow

Less than one year after the South Dakota Supreme Court struck down the 2020 voter-approved initiative legalizing adult-use marijuana, South Dakotans had another shot at having their voices heard through Measure 27. After finding that the 2020 ballot measure to legalize adult-use violated the state’s single-subject rule, South Dakota became the first state to overturn a citizen vote legalizing marijuana. While South Dakotans approved the 2020 constitutional amendment by over 30,000 votes, Measure 27 was rejected with 52.85% voting against and 47.15% voting for the measure.

  • No - Criminal justice reforms
  • No - Social equity provisions
  • No - Employment protections
  • Yes - Home grow

Ohio Localities with Marijuana Decriminalization Ordinances

Six Ohio localities voted on local ordinances to decriminalize marijuana within their jurisdictions. Five of the six localities voted on the “Sensible Marihuana Ordinance” which seeks to lower penalties for misdemeanor marijuana offenses to the lowest possible authorized by the state. Five of the six localities approved marijuana decriminalization within their jurisdictions.

Delayed Ballot Initiatives that Began in 2022

For a couple states, Ohio and Oklahoma, reformers had to wait to have their efforts voted on at the ballot box. Both states had adult-use ballot measures that missed important statutory deadlines during the initiative process, leading state officials and the courts to decide the future for both measures. Oklahoma rejected the adult-use marijuana ballot measure on March 7, 2023. Learn more about Ohio's continued efforts on our Comparison of Marijuana Reform Proposals in Ohio page.

Six years have passed since Ohioans were given the opportunity to legalize adult-use marijuana at the ballot box. After polls indicated slim support for adult-use and overwhelming support for medical marijuana, Issue 3 failed in 2015 by over 27 points after voters became concerned with the initiative’s language that created a monopoly for 10 pre-selected cultivators. 2022 polls reveal similar support for adult-use legalization. The 2022 effort, An Act to Control and Regulate Adult Use Cannabis, missed a deadline for the first round of signatures and state legislators and officials challenged the initiative, resulting in the measure being sidelined. Reformers settled with state officials and will bypass the first signature gathering period and only have to gather signatures after the legislature’s action or inaction in order to place another attempt on the 2023 ballot.
 

  • No - Criminal justice reforms
  • Yes - Social equity provisions: Proposes financial assistance for equity applicants, dispensary and cultivation licensing opportunities for equity applicants.
  • No - Employment protections
  • Yes - Home grow

After undergoing multiple technical changes, Oklahoma’s attempt to approve adult-use hit a roadblock after the Oklahoma Supreme Court ruled the measure would not have enough time to undergo all legal challenges in addition to missing the certification deadline in late August. Reform advocates argued that the state’s new signature verification process caused the measure to miss the deadline and that the state Supreme Court should have expedited the additional procedures required before being officially placed on the ballot. Justices unanimously agreed that citizens would not be able to vote on State Question 820 in 2022 but could vote on the measure in the next possible election. Just weeks before the midterms, Governor Stitt issued an Executive Proclamation establishing a special election for Oklahoma residents to vote on State Question 820. Citizens rejected the measure on March 7, 2023, with 38.3% voting for and 61.7% voting against the measure.
 

  • Yes - Criminal justice reforms: Offers expungement provisions.
  • No - Social equity provisions
  • No - Employment protections
  • Yes - Home grow