Along with the presidential election in November this year, millions of Americans will have the opportunity to repeal an important element in the war on drugs: the ban on cannabis. In November 2016, five American states – Arizona, California, Maine, Massachusetts, and Nevada – will vote on the legalisation of cannabis. Each of these states has its own approach to cannabis, its own model of legalisation, and varying probabilities that the reform will be successful.
Arizona
In Arizona, current laws regarding cannabis are particularly strict. According to the National Organisation for the Reform of Marijuana Laws (NORML), possession for personal use is a criminal offence punishable by a minimum of four months in prison. In 2014, 6% of all arrests in the state were for marijuana possession.
What has been proposed?
In November, Arizona residents will vote on Proposition 205, which, if passed, would allow adults to possess up to one ounce (approximately 30 grams) of cannabis and grow up to six cannabis plants at home without penalty. Under the amendment, smoking cannabis in public places would be prohibited, coffee shops could not be opened near schools, and all sales taxes would be directed to educational programmes and ‘drug abuse prevention’ programmes.
The proposed reform has a clear health focus. Among the provisions of the amendment is a clause that would punish businesses that sell cannabis ‘containing pesticides or substances that could make [cannabis] hazardous to health.’
How realistic is this?
As for a traditionally Republican state, the chances are not very high. A poll conducted in April showed that 43% of voters support legalisation, while 49% are against it.
California
In 2011, state law was amended so that possession of less than one ounce of cannabis was considered a ‘misdemeanour’ and punishable by a maximum fine of £100, without imprisonment. The sale and cultivation of cannabis remained a criminal offence (except for cultivation and sale for state-authorised medical purposes), and in 2015, 9,000 Californians were arrested for these offences.
What was proposed?
In November, California will vote on Proposition 64, which would allow adults to possess and grow small amounts of cannabis. It would also allow for the creation of a strictly regulated business for the sale of cannabis for recreational use.
This amendment is supported by the California Medical Association, arguing that it ‘will allow government officials to better care for public health’ and ‘protect children from access to cannabis.’ Indeed, the amendment includes a clause prohibiting advertising and sales to minors. In addition, the initiative provides for the review of sentences and the expungement of previous convictions for cannabis-related offences.
How realistic is this?
Almost certainly. According to a survey conducted by the University of California, Berkeley in August 2016, 63.8% — almost two-thirds — of Californians were in favour of legalising recreational cannabis.
Maine
In Maine, a person arrested for possession of cannabis ‘in an amount sufficient for personal use’ with a doctor’s recommendation for use is not subject to punishment. Possession of more than 2.5 ounces (71 grams) of the substance is a crime punishable by imprisonment or a fine. Cultivation and distribution are criminalised and carry prison sentences or heavy fines.
What has been proposed?
In November, a measure called the Maine Marijuana Legalisation Initiative, also known as Question 1, will be put to a vote. If it is supported, the possession and recreational use of cannabis will be legalised for adults, and retail licences will be issued. Under this initiative, the sale of cannabis will be subject to a 10% tax, and the proceeds will be used to oversee a list of strict measures to regulate the legalisation process. According to this document, the law will prohibit individuals with ‘disqualifying drug convictions’ from obtaining a licence to sell cannabis, meaning that people who have previously been affected by cannabis bans will not be able to directly benefit from its legalisation.
How realistic is this?
The chances are good. In October 2015, Mic reported that a Critical Insights poll showed that 65% of voters in Maine supported legalisation. A poll conducted by the same organisation in May 2016 showed that this figure had fallen to 55%, with 41% opposed.
Massachusetts
In Massachusetts, possession of less than one ounce for personal use is considered an administrative offence, and offenders face no more than a £100 fine. Cultivation and distribution, on the other hand, are very strictly punished. Individuals arrested for growing or selling 50 ounces (22 kg) or more of cannabis are subject to a mandatory minimum sentence of one year or more.
What was proposed?
The Massachusetts Marijuana Legalisation Document, also known as Question 4, will be put to a vote in November this year. If it is supported, adults will be allowed to possess up to one ounce of cannabis ‘outside their homes’ and up to 10 ounces at home. It will also be legal to grow up to six marijuana plants. If the initiative is supported, a Cannabis Control Commission will be created to monitor compliance with the law, issue retail licences, ensure health and safety standards are met, and verify product labelling accuracy. The proposal also provides for the creation of a Marijuana Regulation Fund, which will accumulate tax revenues and be used for administrative needs related to cannabis regulation in the state.
How realistic is this?
There is a chance, but the opposition is winning for now. A poll conducted in May 2016 by the Boston Globe showed that 43% of respondents support legalisation, while 46% are against it. A poll conducted in July 2016 by the Committee for Conservative Political Action showed that 51% were against legalisation, while 41% were in favour.
Nevada
Nevada also has strict laws regarding cannabis, with many penalties involving mandatory prison sentences. Those arrested for cannabis possession will most likely face a fine, but repeat offenders will receive a prison sentence of at least one year. Distribution of small amounts carries a mandatory prison sentence of one year, even for first-time offenders. Selling cannabis to minors is punishable by five years in prison.
What was proposed?
If supported, the Nevada Marijuana Legalisation Initiative, or Question 2, will legalise the possession and sale of cannabis. The state tax department would issue licences to sellers at a 15% tax on all sales. The initiative proposes that tax revenues be used to cover the administrative costs of implementing the reform, with any additional funds going to a children’s education fund.
How realistic is it?
Very realistic, but supporters should not relax. A poll conducted by Nevada television station in July showed 50% support for legalisation, while 41% were against it. Despite the positive figures, this is a drop in support: in March, a poll conducted by Morning Consult showed that 60% of Nevada residents were in favour of legalisation, with only 29% against.
If all these amendments are passed, cannabis will be legal in one in four American states. National preferences on this issue are clearly changing; we are entering a new era of ending the American war on cannabis.
