Grass Roots Efforts Continue as Idaho Clears Medical Marijuana Initiative, Joining Other States for 2020 Push

Written by: Brian Allen

Vice President Government Affairs - Mitchell International

During the 2019 legislative sessions, marijuana legalization bills were running in 23 states houses. However, only one state ended up passing a bill related to marijuana legalization. Illinois became the first state to legalize the recreational use of marijuana through legislation. View current state-by-state marijuana legalization here.

However, the failure of the bills has not deterred a segment of the public’s enthusiasm for the drug. Groups in at least ten states are ramping up efforts on ballot initiatives to legalize the drug for either recreational or medical use.  

On August 9, 2019, the Idaho Secretary of State granted clearance for supporters of a medical marijuana initiative to begin collecting signatures to place the measure on the 2020 ballot. Proponents of the measure have until April 30, 2020, to collect 55,057 signatures to get the measure certified for the ballot. To view the press release from the Idaho Secretary of State, please click here.

Idaho joins a growing number of states seeking to legalize marijuana using a ballot initiative.  

Arizona has three separate initiatives proposed. 

• C-01-2020 would legalize recreational marijuana and hashish, prohibit taxation or regulation of the marijuana industry and expunge all criminal history related to marijuana use.  
• I-08-2020 would legalize the recreational use of marijuana.  
• I-18-2020 would legalize the recreational use of marijuana, provide for taxation, and establish a framework of rules for regulating the marijuana industry.  
• C-02-2020 would legalize all drugs, including marijuana, hashish, heroin, cocaine, LSD and peyote, and prohibit any taxation or regulation of drugs.  

Each of these initiatives still needs to garner the requisite number of signatures to be placed on the 2020 ballot.

Arkansas has two initiatives filed.  

• The Arkansas Adult Use of Cannabis Act would legalize marijuana for recreational use.  
• Similarly, the Arkansas Recreational Marijuana Amendment of 2020 would legalize the recreational use of marijuana for persons 21 or older, establish regulatory authority, institute a tax on marijuana products and provide for the expungement of marijuana possession convictions.  

Groups supporting these ballot initiatives are busy collecting signatures to meet the July 3, 2020, deadline.  

Florida groups are continuing their push to legalize recreational marijuana with the Florida Marijuana Legalization Initiative (#16-02). The initiative would allow for the use and possession of up to one ounce of marijuana by persons 21 or older. It also would require licensing and regulation of the production and distribution of marijuana. 

Another initiative, the Expanded Medical Marijuana to Include Mental Health initiative would add nine mental health disorders to the list of qualifying conditions for which medical marijuana can be recommended. The 766,200 signatures needed must be validated by February 1, 2020.  

Mississippi has an initiative filed to legalize marijuana for medical use. The initiative would allow physicians to recommend medical marijuana for qualifying conditions listed in the initiative. The measure also requires the Mississippi Department of Health to establish rules for the program and provides for fees to fund management and enforcement of the program. 86,000 signatures are required to place the question on the ballot. Proponents report collecting more than 90,000 signatures. Those signatures are currently being validated. 

Also filed in Mississippi is the Mississippi Cannabis Freedom Act initiative. This measure would legalize cannabis for recreational and medical use and establish authority to regulate the marijuana industry.  

Initiative 2020-70 in Missouri would remove marijuana from the controlled substances list, making it legal to use and cultivate for both recreational and medical use. The initiative would also expunge non-violent marijuana-related convictions. There is an interesting provision that would limit enforcement of driving under the influence laws involving the use of marijuana. The measure also creates a tax to fund the state’s regulation and enforcement of the program. More than 166,000 signatures are needed by May 3, 2020, to place the initiative on the 2020 ballot. 

Voters in Nebraska may have the opportunity to consider the Nebraska Cannabis Initiative in November 2020. The initiative, if passed, will legalize marijuana for any use in the Cornhusker State. The deadline for collecting signatures is July 2, 2020.  

The New Jersey legislature attempted to legalize marijuana for recreational use, but the effort was abandoned due to a lack of support in the New Jersey Senate. Instead, Senate President Stephen Sweeney has said the voters will be asked to decide the question via the ballot box in 2020. The legislature has not yet passed the required resolution to place the question before voters.  

A sponsoring committee in North Dakota has submitted a petition to the Secretary of State seeking to place the legalization of recreational marijuana on the ballot in 2020. The petition was approved for signature gathering on July 22, 2019. Organizers will need to collect over 26,000 valid signatures prior to June 3, 2020.

Not to be outdone by its neighbor to the north, South Dakota has approved two measures dealing with marijuana for signature gathering.  

• The South Dakota Marijuana Legalization Initiative was approved for signature gathering on March 5, 2019. The measure would allow anyone 21 years of age or older to possess, grow, sell and distribute marijuana and marijuana paraphernalia. It also prohibits prosecution for driving under the influence of ingested marijuana. 
• The second measure, the South Dakota Medical Marijuana Initiative, was approved for signature gathering on August 15, 2019.  This proposal seeks to legalize marijuana for medical use for defined debilitating conditions.  

The initiatives each require 16,961 valid signatures by November 3, 2019.  

Finally, Oregon is moving ahead with the next grass roots drug initiative. The Oregon Psilocybin Program Initiative has been filed and is currently in the hands of the Oregon Attorney General for drafting. If the initiative sponsors are able to garner the necessary 112,020 valid signatures by July 2, 2020, Oregon voters will have a chance to approve the “magic mushrooms” for medical use, primarily focused on mental health conditions. Psilocybin is a Schedule I drug and is illegal to possess, use or distribute under the federal Controlled Substances Act. The question remains, will federal law enforcement be “fungal friendly” and sit on the sidelines like they did with marijuana if psilocybin begins heating up in the polls?