Millions of voters will decide on Election Day in favor of ballot measures to legalize and regulate the use of cannabis by adults. Voters in three states — Colorado, Oregon, and Washington — will decide on statewide ballot measures to legalize the possession and distribution of cannabis for those over 21 years of age. Voters in three additional states — Arkansas, Massachusetts, and Montana — will decide on measures to allow for the therapeutic use of cannabis by patients with qualifying ailments. In Michigan, voters in four cities – totaling over a million people – will decide on municipal measures to legalize or depenalize the adult use of cannabis.
Ballot measures in Colorado, Massachusetts, and Washington remain favored among voters, according to the latest statewide polls.
Since 1996, 17 states have enacted legislation to allow for the limited possession of cannabis when a physician authorizes such use. In ten of those states, voters enacted medical cannabis legislation via the statewide initiative process. But to date, no statewide proposal to remove criminal and civil penalties for the broader, personal possession and use of marijuana by adults has succeeded at the ballot box. This reality is likely to change tomorrow.
A summary of this year’s more prominent statewide and local ballot measures appears below.
ARKANSAS: Voters will decide on Measure 5, The Arkansas Medical Marijuana Act of 2012, which allows authorized patients to possess up to two and one-half ounces of cannabis for various qualifying medical conditions, including cancer, Crohn’s disease, fibromyalgia, and post-traumatic stress disorder (PTSD). The measure also allows state regulators to establish not-for-profit facilities to produce and dispense cannabis to approved patients. Individual patients will also be permitted to privately cultivate limited amounts of cannabis (up to six flowering plants) if they reside further than five miles from a state-authorized dispensary.
COLORADO: Voters will decide on Amendment 64, which allows for the legal possession of up to one ounce of marijuana and/or the cultivation of up to six cannabis plants by those persons age 21 and over. Longer-term, the measure seeks to establish regulations governing the commercial production and distribution of marijuana by licensed retailers. Voters in the state approve of the measure by a margin of 50 percent to 44 percent, according to the latest Denver Post survey.
MASSACHUSETTS: Voters will decide on Question 3, which eliminates statewide criminal and civil penalties related to the possession and use of up to a 60-day supply of cannabis by qualified patients. It would also require the state to create and regulate up to 35 facilities to produce and dispense cannabis to approved patients. Individual patients will also be permitted to privately cultivate limited amounts of cannabis if they are unable to access a state-authorized dispensary. Voters in the state approve the measure by a margin of 55 percent to 36 percent, according to the latest Suffolk University poll.
MICHIGAN: Voters in four cities – totaling over a million people – will also decide on Tuesday whether to legalize or depenalize the adult use of cannabis. Voters in Detroit will decide on Proposal M, which removes criminal penalties pertaining to the possession on private property of up to one ounce of marijuana by adults over age 21. In Flint, voters will decide on a citizens’ initiative to amend the city code so that the possession on private property of up to one ounce of marijuana or cannabis paraphernalia by those age 19 or older is no longer a criminal offense. Grand Rapids voters will act on Proposal 2, which seeks to allow local law enforcement the discretion to ticket first-time marijuana offenders with a civil citation, punishable by a $25 fine and no criminal record. In Ypsilanti, voters will decide on a proposal to make the local enforcement of marijuana possession offenses the city’s lowest law enforcement priority.
OREGON: Voters will decide on Measure 80, the Oregon Cannabis Tax Act, which provides for the state-licensed production and retail sale of cannabis to adults. The measure does not impose state-licensing or taxation requirements upon those who wish to cultivate cannabis for non-commercial purposes.
WASHINGTON: Voters will decide on I-502, which regulates the production and sale of limited amounts of marijuana for adults. The measure also removes criminal penalties specific to the adult possession of up to one ounce of cannabis for personal use. Voters in the state back the measure by a margin of 56 percent to 37 percent, according to the latest KING 5 poll.
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