NORML Opinion: Prohibitionists fear democracy more than marijuana

By Paul Armentano, NORML Associate Director

Those who want to perpetuate the failed public policy of cannabis criminalization have lost the hearts and minds of the American public. And they know it.

As public support for marijuana policy reform has reached supermajority status in recent years, prohibitionists and other political opponents have largely abandoned efforts to sway public opinion. Rather, they now rely on shenanigans to prevent voters from speaking out on the issue. In some cases, they are even willing to break the will of voters in order to get their way.

That’s how it was in the last election. In Mississippi and South Dakota, anti-reformers successfully sued to nullify election results for two marijuana legalization measures, nullifying the votes cast by 73% and 54% of voters, respectively.

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That same year, members of the Nebraska Supreme Court slammed a proposed initiative for access to medicinal cannabis months after it was approved by the Secretary of State’s office. State polls showed that 77% of Nebraskans supported the initiative, but they never had an opportunity to show their support in the election. Months later, Florida’s Republican Attorney General successfully filed a lawsuit to preemptively prevent a proposed 2022 legalization initiative from appearing on the ballot.

Opponents are using similar tactics this election cycle. In Arkansas, they are trying to invalidate voters’ pending decision on a statewide proposal to legalize marijuana possession and retail. Although the measure will appear on the November ballot, it is now up to the state Supreme Court justices to decide whether the votes will ever be counted. In a motion before the court, opponents of the measure have cynically asked the judges “to protect the interests and rights of [the minority of] Arkansans opposing legalization of recreational marijuana.” (National polls earlier this year showed majority support for legalization among voters.)

In Missouri, officials from a leading Prohibition organization have joined legal efforts to try to disqualify a citizens’ group that legalizes adult marijuana use and provides legal aid to those with low criminal records. Earlier this month, Secretary of State John Ashcroft issued a certificate of sufficiency to the Legal Missouri 2022 campaign, formally putting its initiative up for election in November.

But now opponents claim polling officials made a mistake and say they may have miscounted. (The basis of this opponents’ claim appears to rest solely on initial media reports speculating that supporters risked missing signature requirements in one or two counties. Campaign supporters had been vocal in denying these reports.) A nationwide poll, the beginning published this month, finds 62% of registered voters support legalization.

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Finally, Oklahoma election officials were significantly delayed before confirming that proponents had collected the required amount of signatures to qualify a legalization measure for adult use for the November election. Now officials claim that these delays may not allow enough time to officially confirm the measure before the upcoming elections. (The question remains in litigation.)

In a healthy democracy, those with competing visions of public policy compete for voter support and honor their voting choices. In this case, however, it’s clear that those opposed to marijuana policy reform would rather take voters out of the equation altogether. Whether you personally support or oppose cannabis legalization, these cynical and undemocratic tactics should be of great concern.

This article originally appeared on Benzinga and has been republished with permission.