5 States That Could Legalize Weed This Week?

With election day fast approaching, many lawmakers are closely watching the moves to legalize marijuana alongside the important political contests in the various state elections.

Public support for legalizing the drug has grown in recent years, with President Joe Biden recently declaring that he is granting pardons to thousands of people previously convicted of cannabis possession-related offenses.

Biden said in a statement that just as no one should be held in a federal prison solely for possessing cannabis, neither should anyone be in a state or local jail for the same reason.

Currently, cannabis is legal in 38 states for medical use and 19 for adult or recreational use.

A group from Oklahoma also collected enough signatures to qualify for a referendum. However, the state Supreme Court found there was not enough time to put the item on the November ballot after lengthy legal challenges. A special election will likely be held in 2023 or by the 2024 election before the initiative can be put to a vote.

In addition, Florida, Wyoming, Nebraska, and Ohio are working on plebiscite campaigns for 2023 or 2024.

In addition to state referendums, voters in some cities across the country will decide whether to relax penalties for marijuana possession and allow regulated cannabis businesses in their communities.

Meanwhile, on Election Day 2022, voters in five other states will decide whether to legalize recreational marijuana.

ARKANSAS

Issue 4 almost didn’t appear on the ballot in Arkansas due to a denial of certification by the state elections commission on the grounds that the text prepared by advocacy group Responsible Growth Arkansas was ambiguous. However, the committee’s verdict was overturned by the state Supreme Court in September, opening the door for Arkansas voters to decide whether or not to legalize recreational cannabis.

Adults will be allowed to purchase up to one ounce of marijuana from authorized dealers under the proposed law. Additionally, a 10% sales tax would be levied on cannabis purchases, which analysts estimate will yield over $460 worth of tax revenue by 2027, according to Arkansas Business.

Issue 4 is missing a clause that, unlike several other states, allows criminal records for cannabis offenses to be wiped.

According to a September poll by Politics-Hendrix College & Talk Business, 59% of likely voters support legalization, while 29% oppose it and 13% are still unsure.

MARYLAND

Proponents were able to put Question 4 on the ballot on Nov. 8 after lawmakers in Annapolis passed legislation laying the groundwork for its legalization for recreational cannabis use.

Voters will be asked, “Do you support the legalization of cannabis use by a person who is 21 years of age or older in the state of Maryland on or after July 1, 2023?”

The Maryland amendment, if approved, would legalize the cultivation of up to two cannabis plants for individual use and the sale and carrying of up to 1.5 ounces of marijuana in the state.

Persons with convictions for possessing less than 2.5 ounces would have their convictions automatically expunged, while persons with convictions for distributive possession could apply to the courts for expungement three years after serving their sentence.

Retail sales will likely begin in 2024 or 2025 if Question 4 supporters succeed after state legislatures pass legislation on tax and regulatory issues.

According to an October 2021 Goucher College study (PDF), 60% of Maryland citizens support the legalization of recreational marijuana, while only 33% oppose it.

MISSOURI

Amendment 3 in Missouri would allow adults to purchase and carry up to three ounces of marijuana and grow up to six marijuana plants — six flowering plants, six seedlings, and six clones — with one license. Recreational marijuana would be subject to a 6% sales tax, with money raised going to drug rehabilitation centers, veterans’ clinics, and the state’s public defense system.

The amendment would also overturn people’s convictions for nonviolent cannabis crimes.

The Missouri Department of Health and Senior Services would be responsible for licensing and existing medical marijuana dispensaries; Applicants with limited funds and those disproportionately affected by drug prohibitions would be given preferential consideration.

Government projections suggest that legalizing marijuana will cost the state $5.5 million annually while generating at least $40.8 million in revenue. However, with voter approval, certain areas could still ban cannabis retailers.

A September FOX 4/Emerson College poll found that 48% of state voters support Amendment 3, 35% oppose it, and 17% are unsure.

NORTH DAKOTA

Written by New Approach North Dakota, Measure 2 essentially adopted the language of legislation approved by the state’s Republican-controlled House of Representatives but rejected by the state Senate last year.

In North Dakota, people could buy and own up to one ounce of marijuana and 4 grams of cannabis concentrate if the measure is successful. In addition, they had the opportunity to grow three plants for their own use.

Cannabis would not be subject to any additional tax, and there are no provisions to erase the records of people convicted of marijuana-related crimes.

Regulators have until October 1, 2023 to enact adult cannabis legislation.

SOUTH DAKOTA

Legalization of recreational marijuana in South Dakota was approved by voters back in 2020, but the state Supreme Court overturned that measure in response to a court challenge by Republican Gov. Kristi Noem.

Well, under Measure 27, which South Dakotans created for improved cannabis laws, adults could purchase, own, and grow up to three cannabis plants for personal use.

The current voting initiative omits regulation and taxation-related language that would be covered by the following legislation in order to avoid a new litigation.

FINAL EFFECT

Arkansas, Maryland, Missouri, North and South Dakota are looking to join the recreational marijuana movement, followed by many other states across the U.S. The five states will be the last to legalize recreational cannabis if their respective bills are passed during the election.

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