Cannabis Ballot Initiatives In The States

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Cannabis Ballot Initiatives in the StatesMcGuireWoods Consulting 1

Cannabis LawsCannabis legalized forrecreational and medical useCannabis broadly legalizedfor medical useCBD/Low THCproduct lawNo broad legalizationof cannabisLast updated December 3, 2018.McGuireWoods Consulting 2

2017-2018 Cannabis Ballot InitiativesFailedUndecidedEnacted or AdoptedNo 2017-2018 ballot initiativesMACTRISource: National Conference ofState LegislaturesLast updated December 3, 2018.These maps include ballot intiatives and measures in the states and do not include bills before state Houses and Senates.McGuireWoods Consulting 3

2015-2016 Cannabis Ballot InitiativesFailedEnacted or AdoptedNo 2015-2016 ballot initiativesMACTRISource: National Conference ofState LegislaturesLast updated December 3, 2018.These maps include ballot intiatives and measures in the states and do not include bills before state Houses and Senates.McGuireWoods Consulting 4

2013-2014 Cannabis Ballot InitiativesFailedEnacted or AdoptedNo 2013-2014 ballot initiativesMACTRIDCSource: National Conference ofState LegislaturesLast updated December 3, 2018.These maps include ballot intiatives and measures in the states and do not include bills before state Houses and Senates.McGuireWoods Consulting 5

2011-2012 Cannabis Ballot InitiativesFailedEnacted or AdoptedNo 2011-2012 ballot initiativesMACTRISource: National Conference ofState LegislaturesLast updated December 3, 2018.These maps include ballot intiatives and measures in the states and do not include bills before state Houses and Senates.McGuireWoods Consulting 6

Alaska2014 General ElectionAn Act to tax and regulate the production, sale and use of marijuanaStatus: PassedThis bill would tax and regulate the production, sale, and use of marijuana in Alaska. The bill would make the use of marijuana legal for persons21 years of age or older. The bill would allow a person to possess, use, show, buy, transport, or grow set amounts of marijuana, with the growingsubject to certain restrictions. The bill would ban the public use of marijuana. The bill would prohibit a person under 21 years of age from usingfalse identification to buy or try to buy marijuana or marijuana accessories.McGuireWoods Consulting 7

Arizona2016 General ElectionRegulation and Taxation of Marijuana ActStatus: FailedThe Regulation and Taxation of Marijuana Act: (1) establishes a 15% tax on retail marijuana sales, from which the revenue will be allocated topublic health and education; (2) allows adults twenty-one years of age and older to possess and to privately consume and grow limited amountsof marijuana; (3) creates a system in which licensed businesses can produce and sell marijuana; (4) establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and (5) provides local governmentswith the authority to regulate and limit marijuana businesses.McGuireWoods Consulting 8

Arkansas2016 General ElectionThe Arkansas Medical Marijuana AmendmentStatus: PassedAn act making the medical use of marijuana legal under Arkansas state law, but acknowledging that marijuana use, possession, and distributionfor any purpose remain illegal under federal law.2012 General ElectionThe Arkansas Medical Marijuana ActStatus: FailedAn act making the medical use of marijuana legal under Arkansas state law, but acknowledging that marijuana use, possession, and distributionfor any purpose remain illegal under federal law.McGuireWoods Consulting 9

California2016 General ElectionLegalization of Marijuana for Adults Over 21Status: PassedLegalizes marijuana and hemp under state law. Designates state agencies to license and regulate marijuana industry. Imposes state excise taxon retail sales of marijuana equal to 15% of sales price, and state cultivation taxes on marijuana of 9.25 per ounce of flowers and 2.75 perounce of leaves. Exempts medical marijuana from some taxation. Establishes packaging, labeling, advertising, and marketing standards and restrictions for marijuana products. Allows local regulation and taxation of marijuana. Prohibits marketing and advertising marijuana to minors.Authorizes resentencing and destruction of records for prior marijuana convictionsMcGuireWoods Consulting 10

Colorado2018 General ElectionChange Industrial Hemp Definition in Constitution AmendmentStatus: PassedRemoves the current constitutional definition of “industrial hemp” and replaces it with the definition that is found in federal law.2015 General ElectionRetain Revenue in Excess of Blue Book Estimate of Taxes on Marijuana SalesStatus: PassedMay the state retain and spend state revenues that otherwise would be refunded for exceeding an estimate included in the ballot information booklet for proposition aa and use these revenues to provide forty milliondollars for public school building construction and for other needs, such as law enforcement, youth programs, and marijuana education and prevention programs, instead of refunding these revenues to retail marijuanacultivation facilities, retail marijuana purchasers, and other taxpayers?2013 General ElectionRetail Marijuana TaxesStatus: Passed Impose a 15 percent state excise tax on the average wholesale price of retail marijuana when the product is first sold or transferred by a retail marijuana cultivation facility, with public school construction receivingthe first 40 million of any annual tax revenues collected;Impose a 10 percent state sales tax on retail marijuana and retail marijuana products, in addition to the existing 2.9 percent state sales tax, to increase funding for the regulation and enforcement of the retail marijuana industry and to fund related health, education, and public safety costs;Direct 15 percent of the revenue collected from the 10 percent state sales tax to cities and counties where retail marijuana sales occur; andAllow the state legislature to increase or decrease the excise and sales taxes on retail marijuana so long as the rate of either tax does not exceed 15 percent.2012 General ElectionUse and Regulation of MarijuanaStatus: PassedAmendment 64 proposes amending the Colorado Constitution to: regulate the growth, manufacture, and sale of marijuana in a system of licensed establishments overseen by state and local governments; allow individuals who are 21 years old or older to possess, use, display, purchase, transport, and transfer—to individuals who are 21 years old or older—one ounce or less of marijuana; allow individuals who are 21 years old or older to possess, grow, process, and transport up to six marijuana plants, with certain restrictions; require the state legislature to enact an excise tax on marijuana sales, of which the first 40 million in revenue raised annually must be credited to a state fund used for constructing public schools. The excise taxmust be approved by a separate statewide vote; and require the state legislature to enact legislation concerning the growth, processing, and sale of industrial hemp.McGuireWoods Consulting 11

Florida2016 General ElectionLegalization of Medical Marijuana AmendmentStatus: PassedAllows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician. Allows caregivers to assist patients’ medical use of marijuana. The Department of Health shall register and regulate centers that produce and distributemarijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not immunizeviolations of federal law or any non-medical use, possession or production of marijuana.2014 General ElectionUse of Marijuana for Certain Medical ConditionsStatus: FailedAllows the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician. Allows caregivers toassist patients’medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana formedical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not authorize violations of federal law or any non-medical use, possession or production of marijuana.McGuireWoods Consulting 12

Maine2016 General ElectionAn Act to Legalize MarijuanaStatus: PassedThis initiated bill allows the possession and use of marijuana by a person 21 years of age or older. It provides for the licensure of retail marijuanafacilities including retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, retail marijuana testing facilities andretail marijuana stores. It also provides for the licensure of retail marijuana social clubs where retail marijuana products may be sold to consumers for consumption on the licensed premises. It provides for regulation and control of the cultivation, manufacture, distribution and sale of marijuana by the Department of Agriculture, Conservation and Forestry. It allows the department to establish limitations on retail marijuana cultivation. It allows a municipality to regulate the number of retail marijuana stores and the location and operation of retail marijuana establishmentsand to prohibit the operation of retail marijuana establishments in the municipality. It also allows a municipality to require separate local licensing of retail marijuana establishments. The initiated bill allows a person 21 years of age or older to use, possess or transport marijuana accessories and up to 2 1/2 ounces of prepared marijuana; transfer or furnish, without remuneration, up to 2 1/2 ounces of marijuana and up to 6 immature plants or seedlings to a person who is 21 years of age or older; possess, grow, cultivate, process or transport up to 6 flowering marijuanaplants, 12 immature marijuana plants and unlimited seedlings, and possess all the marijuana produced by the marijuana plants at that person’sresidence; purchase up to 2 1/2 ounces of marijuana and marijuana accessories from a retail marijuana store; and purchase up to 12 marijuanaseedlings or immature marijuana plants from a retail marijuana cultivator. It allows the home cultivation of marijuana for personal use of up to 6flowering marijuana plants by a person 21 years of age or older. The initiated bill allows a person to consume marijuana in a nonpublic place including a private residence. It provides that the prohibitions and limitations on smoking tobacco products in specified areas as provided by lawapply to smoking marijuana and that a person who smokes marijuana in a public place other than as governed by law commits a civil violationfor which a fine of not more than 100 may be adjudged. The initiated bill places a sales tax of 10% on retail marijuana and retail marijuana products.McGuireWoods Consulting 13

Massachusetts2016 General ElectionThe Regulation and Taxation of Marijuana ActStatus: PassedControls the production and distribution of marijuana under a system that licenses, regulates and taxes the businesses involved in a mannersimilar to alcohol and to make marijuana legal for adults 21 years of age or older. Its intent is to remove the production and distribution of marijuana from the illicit market and to prevent the sale of marijuana to persons under 21 years of age by providing for a regulated and taxed distribution system.2012 General ElectionMedical Use of MarijuanaStatus: PassedThis proposed law would eliminate state criminal and civil penalties for the medical use of marijuana by qualifying patients. To qualify, a patientmust have been diagnosed with a debilitating medical condition, such as cancer, glaucoma, HIV-positive status or AIDS, hepatitis C, Crohn’s disease, Parkinson’s disease, ALS, or multiple sclerosis. The patient would also have to obtain a written certification, from a physician with whomthe patient has a bona fide physician-patient relationship, that the patient has a specific debilitating medical condition and would likely obtain anet benefit from medical use of marijuana.McGuireWoods Consulting 14

Michigan2018 General ElectionMarijuana and Hemp Legalization InitiativeStatus: PassedThe measure would permit individuals 21 years-old or older to use marijuana recreationally, and to grow up to 12 plants. It creates a tax of 10percent on marijuana sales at retailers and businesses. Revenue goes to local government, K-12 education, and transportation infrastructure.The measure legalizes the production of industrial hemp. Municipalities are allowed to ban marijuana within their boundaries.McGuireWoods Consulting 15

Missouri2018 General ElectionMedical Marijuana and 4% Marijuana Tax for Veteran Healthcare AmendmentStatus: PassedThe measure legalizes marijuana for medical purposes and enacts a 4 percent tax on it. The tax revenue would be allocated to veteran healthcare. It is estimated to generate 66 million in revenue and cost 500,000 in annual costs.Medical Marijuana and 15% Marijuana Tax for Biomedical Research and Drug Development InstituteAmendmentStatus: FailedThe measure legalizes marijuana for medical purposes and enacts a 15 percent tax on it. The tax revenue would be allocated to the BiomedicalResearch and Drug Development Institute. It is estimated to generate 24 million in revenue and cost 7 million in annual costs.Medical Marijuana and 2% Marijuana Tax for Veterans, Education, Drug Treatment, and Public Safety InitiativeStatus: FailedThe measure legalizes marijuana for medical purposes and enacts a 2 percent tax on it. The tax revenue would be allocated to veteran healthcare, early childhood education, drug treatment, and public safety. It is estimated to generate 10 million in revenue.McGuireWoods Consulting 16

Montana2016 General ElectionInitiative to Expand Access to Medical MarijuanaStatus: PassedAllows a single treating physician to ce