With Fate of Ballot Initiative Up in the Air, Poll Finds Majority of Missouri Voters Back Legalization

It is still unclear whether a proposal to legalize cannabis use for adults will qualify for this year’s ballot in Missouri. But if it does, it’s a good bet to pass.

That is the takeaway of a new poll conducted and released late last month.

Sixty-two percent of Missouri voters said they believe marijuana for recreational use should be legal, according to the latest findings from SurveyUSA. Only 26% of those polled said that weed should remain illegal.

Huge majorities of Democrats and independents in the Show Me State support the end of cannabis prohibition, the survey found.

Seventy-eight percent of Dems said that recreational pot use should be legal, while 68% of Missouri independents said the same.

Republicans in the state were more divided on the question, with 47% of GOP voters in Missouri saying that recreational cannabis use should be legal and 40% saying it should remain illegal.

Huge majorities in every age group said they support legalization—except for those 65 and older.

Seventy-three percent of voters aged 18-34 said they are in favor of ending prohibition, while 70% of the 35-49 age group and 60% of those aged 50-64 said the same.

Among voters 65 and older, the split was identical to the divide among Republicans: 47% said they support legalization, while 40% said they do not.

The SurveyUSA poll was conducted July 24-27 and is based on interviews with 1,981 registered Missouri voters. It has a margin of error of 2.6%.

All told, the polling data is highly encouraging to advocates who are hoping that Missouri becomes the latest state to legalize recreational pot use this year.

But first, they must get the question before voters in the state.

That remains up in the air, as the Missouri secretary of state’s office continues to assess petitions submitted by a group aiming to get a legalization initiative on this year’s ballot.

Missouri Secretary of State Jay Ashcroft said last month that it is too early to say whether organizers gathered the required number of signatures in order for an initiative to qualify.

Under Missouri state law, organizers must obtain signatures from 8% of registered voters in six of the eight congressional districts.

In May, the group Legal Missouri 2022 submitted more than 385,000 signatures to Ashcroft’s office, well above the requisite threshold. 

But local television station KFVS reported last month that, although the group had obtained the required number signatures in four congressional districts, the counts in the other four districts were less than certain.

Ashcroft’s office is expected to make a final decision on the initiative by August 9.

“I can’t say without any certainty whether it will make it or not. It is in no way certain that they will fail. This isn’t dead,” Ashcroft told the St. Louis Post-Dispatch.

Organizers affiliated with Legal Missouri, meanwhile, continue to express optimism that voters will have an opportunity to weigh in on the initiative come November.

“The Legal Missouri 2022 campaign continues to work to ensure that every valid voter signature is counted properly, and is excited that Missouri voters will soon have their opportunity to decide for themselves,” the group’s campaign manager, John Payne, told the St. Louis Post-Dispatch last month.

“Our close review of voter signature totals submitted to the state by counties shows that we have more than enough signatures to qualify our citizens’ initiative for the November general election ballot — and that some counties, due to a reliance on temporary workers, mistakenly rejected thousands of valid voter signatures. To be clear, this is not to suggest or imply any wrongdoing on the part of counties,” Payne added.

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Arkansas Weed Legalization Initiative Qualifies for November Ballot

Arkansas state officials announced last week that a proposed ballot measure to legalize recreational marijuana has received enough signatures to qualify for the November ballot. Activists with the group Responsible Growth Arkansas, which is headed by former Arkansas Democratic House minority leader Eddie Armstrong, submitted the petitions to the secretary of state’s office last month, saying at the time they had collected more than twice as many signatures necessary to qualify the proposal for this year’s general election.

Kevin Niehaus, a spokesman for the Arkansas secretary of state’s office, said after signature counters reached 90,000 verified signatures on Thursday night they notified the Responsible Growth Arkansas campaign that the constitutional amendment initiative had been approved for the November ballot. State officials will now concentrate their efforts on verifying signatures for a separate measure to amend Arkansas’ casino gambling statute.

“Because of the time frame to get this done, they stopped at 90,000 verified signatures and now have moved on to the casino petition,” Niehaus said on Friday. “Knowing how many signatures they still had left to go and with it already reaching 90,000 signatures, they felt comfortable saying they made it.”

Arkansas Initiative Would Legalize Recreational Weed

If the initiative is successful at the polls in November, it would legalize cannabis for use by adults 21 and over. The proposal would also allow the state’s existing medical pot growers and dispensaries to apply for adult-use cannabis licenses. Another 40 licenses, to be awarded through a lottery system, would also be issued for recreational marijuana operations. The total number of licenses statewide would be limited to 20 cultivation and 120 dispensary licenses, including those for existing medical marijuana businesses.

In July, Responsible Growth Arkansas submitted petitions containing 192,828 signatures of voters supporting the legalization amendment. Under state law, the group needed 10% of the number of votes cast in the last gubernatorial election, or 89,151 signatures, to qualify for this year’s ballot. Officials with the campaign said that support for the initiative effort was strong across the state.

“It was across the entire state, and it really shows a broad level of support geographically,” said Steve Lancaster, counsel for Responsible Growth Arkansas. “To get that many signatures from Arkansans it can’t be all Democrats, or all Republicans, or all Independents. You need a large swath of Arkansans to get that many signatures. The people want to vote on this and make this decision themselves.”

“We are really grateful for the voters who signed our petitions and appreciative to the secretary of state’s office for verifying our signatures,” Lancaster added.

Before the measure is officially approved for the ballot, the proposal’s ballot title and popular name must be approved by the Arkansas Board of Election Commissioners. Lancaster said that a meeting of the panel is expected to take place on Wednesday.

Two Initiative Proposals Vying for Voters’ Attention

The effort by Responsible Growth Arkansas is one of two proposals to legalize adult-use cannabis in the state. A separate measure from activists to qualify the Arkansas Adult Use and Expungement Marijuana Amendment for the ballot has been pushed back until 2024. Under that proposal, the number of business licenses would be set as a proportion of the state’s population. The proposal also includes provisions for the home cultivation of cannabis, expungement of past pot-related convictions, and assistance for low-income medical cannabis patients.

Patient advocate Melissa Fults, who opposes the Responsible Growth Arkansas measure, hopes that voters will wait until 2024 to legalize recreational pot. She is also skeptical of the number of signatures submitted by the campaign.

“It’s kind of strange,” she said. “We were told by supposedly very reliable sources they only had 79,000 signatures at the start of June. In 30 days they got 120,000 signatures during one of the hottest summers around. I am really concerned about how valid those signatures are.”

But Niehaus noted that the secretary of state’s office uses software that goes through the submitted petitions page by page to verify the number of signatures.

“It verifies if they are a registered voter and makes sure they didn’t accidentally sign a petition two or three times,” Niehuas said.

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New Report Recommends Tips for Successful Cannabis-Impaired Driving Campaigns

The Governors Highway Safety Association (GHSA) commissioned a report about educational campaigns on cannabis and driving on July 26. The GHSA partnered with National Alliance to Stop Impaired Driving to create a playbook written specifically for State Highway Safety Offices (SHSO).

Governors Highway Safety Association’s Executive Director, Jonathan Adkins, explained the need for a playbook that is up to date regarding cannabis legalization, overall acceptance of cannabis by consumers, and more. “As legal cannabis use becomes more widespread in the U.S., motorists need to know the dangers of driving under the influence,” said Adkins. “But that message won’t be heard if it’s outdated, irrelevant or insulting to cannabis consumers. This new report offers a playbook to help states develop messaging that resonates with cannabis users and prompts them to refrain from driving for their own safety and the safety of everyone else on the road.”

The report, called “Cannabis Consumers and Safe Driving: Responsible Use Messaging,” is based on a variety of surveys and interviews, and expands upon an unpublished 2021 Cannabis Regulators Association white paper with “additional strategies and recommendations about promising practices that can enhance safety partnerships and increase the effectiveness of outreach and education on cannabis use and driving.”

The report states that prior to the pandemic, approximately 21% of drivers involved in fatal vehicle crashes had THC in their systems. During the pandemic, this percentage rose to 33% (and for comparison, the percentage of people with alcohol in their systems was only 29%). In a survey conducted by AAA Foundation for Traffic Safety Culture Index, drivers view impairment of alcohol and cannabis differently. When asked about driving while under the influence of alcohol, 95% of people believed it was “very or extremely dangerous.” When asked the same question about cannabis, only 69% responded with the same answer.

The GHSA report writes that further education is key to promoting safe driving and enforcement. It reviewed educational campaigns that have been implemented in Colorado and Washington, which were the first states to legalize cannabis. It also addressed current education efforts that learn from those earlier campaigns, such as the “simple, non-judgmental” messages in Connecticut that have been promoted on social media channels, radio, TV, billboards, bus panels, and printed materials. While cannabis became legal in Connecticut on July 1, 2021, retail sales won’t begin until later this year. However, the report also examines an educational campaign in Wyoming, where cannabis is currently still illegal.

After reviewing the content, the report addresses “promising practices” that the authors view as useful for developing education campaigns, such as partnering with cannabis industry groups, receiving dedicated funding, and using specific wording in campaign messages.

In more detail, the report’s five main recommendations explore campaign success based on the presented examples.

First, it recommends that funding be derived from cannabis sales tax revenue, in partnership with local state legislators. Second, it highly recommends partnering with a variety of cannabis groups with the shared goal of consumer safety. “Working together, collaborative education campaigns can reflect the desires of all partners to help keep cannabis consumers safe,” the report explained.

Third, the report also explained the importance of the campaign messengers. Government leaders and institutions are “generally not good choices,” so it’s essential to choose respected individuals who are a part of the cannabis community to get the point across. The specific words chosen for a campaign can also lend to its success and maintain credibility, such as avoiding archaic terms such as pot or weed, or using “consumer” instead of “user.”

Finally, the report states that a campaign message should be chosen with care and respect. “Insulting or judging the target audience rarely improves message reception and turns people off, resulting in the message getting lost. Not driving after using cannabis should be the primary focus of informational campaigns, not the use of cannabis itself,” the report explains. “Messaging that appeals to the risks versus rewards of driving after consuming cannabis can be effective with the target audience, which tends to be young and male. Because it is not clear what responsible use of cannabis really is or looks like, appeals to moral sensitivity—normative choices that are considered ‘good’ or ‘right’—may have a greater effect on changing behavior than the usual ‘just don’t do it’ messaging.”

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Bipartisan Bill Would Clear Federal Marijuana Misdemeanor Records

American lives have been uprooted because of simple misdemeanor marijuana offenses—punishments for an activity that is now legal for various purposes in 38 states. But new legislation would provide the needed mechanism to help Americans clear low-level marijuana offenses at the federal level.

Congressmen Troy A. Carter, Sr. (D-LA) and Rodney Davis (R-IL) introduced The Marijuana Misdemeanor Expungement Act—bipartisan legislation that would create an expungement pathway for low-level violations of federal marijuana offenses.

It would provide “an expedited, orderly process that clears the deck of non-felony marijuana offenses” in the federal system, according to a July 29 press release.

Weldon Angelos, president of The Weldon Project, testified on behalf of decriminalizing cannabis at the federal level, and defended Americans suffering from the burden of past offenses on July 26 at a Senate Judiciary Committee meeting. His whole testimony can be read here. He also supported and helped to introduce the Marijuana Misdemeanor Expungement Act.

Angelos explained how federal misdemeanor charges can have the same end result as a felony when it comes to the way records impact individuals.

“One thing about the federal system is that there’s absolutely no way to expunge a record, so basically a misdemeanor in the federal system functions like a felony because it stays on your record forever—unlike most of the 50 states which have some kind of mechanism to expunge a low-level possession cannabis offenes,” Angelos tells High Times. “The federal system has nothing. So it stays on your record for life.”

pic.twitter.com/aQDaaw0c9Z

— Weldon Angelos (@weldon_angelos) July 26, 2022

Other similar bills have been introduced, but Angelos explained how the bills could potentially work together. Last December, Congressman Dave Joyce (OH-14), co-chair of the House Cannabis Caucus, and Congresswoman Alexandria Ocasio-Cortez (NY-14) introduced the Harnessing Opportunities by Pursuing Expungement (HOPE) Act. This bipartisan bill aims to help states with expunging cannabis offenses by reducing the financial and administrative burden of such efforts through federal grants.

“Me and Professor [Erik] Luna came up with the idea because Congress right now can’t pass something comprehensive,” Angelos says. “So we tried to find something that Republicans would be okay with, and that would still be some kind of progress, and something that also the Democrats could couple with—something like the HOPE Act or the SAFE Banking Act. It’s so that we can get something done this year, and that’s really the idea.”

“I want to thank the cosponsors for introducing this important legislation, which offers an approach to marijuana expungement that is coherent, efficient, and just—all without threatening public safety,” said Professor Erik Luna, who founded the Academy for Justice at the Sandra Day O’Connor College of Law at Arizona State University.

Angelos explained that federal misdemeanor offenses impact him personally.

“I know three people—personally—who have been charged with federal marijuana misdemeanor charges. And this is from 2003 or so, and it still shows up when they do background checks.”

“Today it still impacts them.”

Congressmen Carter and Davis applauded the bill as co-sponsors. “I’m proud to introduce The Marijuana Misdemeanor Expungement Act, bipartisan legislation that will restore justice to millions of Americans who have suffered inordinate collateral consequences associated with marijuana-related misdemeanors,” said Congressman Carter. “These misdemeanors—even without a conviction—can result in restrictions to peoples’ ability to access educational aid, housing assistance, occupational licensing and even foster parenting. Delivering justice for our citizens who have been impacted by marijuana-related misdemeanors is a key component of comprehensive cannabis reform.”

“Given the number of states, like Illinois, where marijuana has long been legalized for adult-use, we must ensure that our criminal justice system keeps pace so that individuals with low-level misdemeanor violations related to its use does not preclude them from getting jobs and participating in society,” said Congressman Davis.

In addition, broad bills to decriminalize cannabis at the federal level are making their way through the legislative process. Last April, the House passed the MORE Act, which was introduced by Rep. Jerry Nadler (D-N.Y.), but the bill faces an uncertain future in the Senate. The House also passed the SAFE Banking Act recently to allow legal cannabis businesses to use banking services.

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Oklahoma Puts Moratorium On Issuing New Medical Cannabis Licenses

State officials in Oklahoma have put a moratorium on issuing new licenses for medical marijuana businesses in a bid to allow the state’s cannabis regulators to catch up with oversight of a burgeoning medicinal cannabis industry. Under the moratorium, which was passed by state lawmakers earlier this year, no new licenses for medical growers, processors or dispensaries will be issued by the Oklahoma Medical Marijuana Authority (OMMA) for a period of at least two years.

Oklahoma voters legalized the use and sale of medical pot with the approval of State Question 788 in 2018, a ballot measure that created the least tightly regulated legal cannabis market in the nation. Corbin Wyatt, owner of Likewise Dispensary, said that the state’s medical marijuana law included few barriers to entry for entrepreneurs seeking opportunities in cannabis.

“It was easy,” Wyatt told local media. “You pay $2,500 and you can open your business pretty much anywhere.”

In May, Oklahoma lawmakers passed House Bill 3208, which puts a two-year pause on issuing new licenses for medical cannabis businesses. The new restrictions under the measure were originally scheduled to become effective on August 1, but bills must go into effect at least 90 days after passage unless they gain a two-thirds majority vote in the legislature. The bill was signed by Governor Kevin Stitt on May 26, making it effective on August 26 under state law.

Applications for new medical cannabis businesses submitted before the moratorium goes into effect will be processed by the OMMA. But applications that are denied or received after the deadline will not be considered until 2024 at the earliest.

Mark Woodward, public information officer for the Oklahoma Bureau of Narcotics (OBN), said the state already has over 2,200 medical dispensaries, making oversight of the businesses by state regulators a logistical challenge.

“That’s a tremendous amount of dispensaries,” Woodward told a Tulsa television news crew. “It’s more than California, Oregon, Alaska, Washington, Nevada and New Mexico combined.”

Unlicensed Businesses Are Operating Outside the Law

Woodward said that many of the businesses that have been operating in the state, even some that have been licensed by the OMMA, have been producing cannabis for shipment out of Oklahoma illegally. He added that some of the state’s 8,500 medical weed cultivators have ties to organized crime organizations from the United States, Mexico, and China that have moved into the state, many during the COVID-19 pandemic, to take advantage of Oklahoma’s inexpensive licensing fees and relatively lax cannabis regulations.

“We’ve talked to our law enforcement partners from New York to Florida, and they say we are the number one supplier of black market marijuana on the East Coast,” he said.

Woodward said that some of the state’s licensed medical dispensaries are selling cannabis that has been produced by illicit growers and processors. He added that the pause in new businesses will give regulators and the OBN an opportunity to regulate the state’s medical marijuana supply chain more closely.

“This moratorium will allow us to focus on those we already have in place and make sure they’re either following the law or going after those bad actors,” he explained.

Matt Boyd, the owner of the Green Cross Meds cannabis dispensary in Tulsa, said that the state’s saturated market has caused profits from his business to drop by two-thirds.

“In the last year, I’m not the only dispensary owner that has felt a decline in business, and it’s not because of anything we’ve done different,” he explained. “It’s just because there’s been so many dispensaries that have opened up. Just the limit of ‘no more new dispensaries’ coming into business is gonna help all of us existing dispensary owners now.”

Boyd said that the two-year moratorium on new retailer licenses will slow the impact on existing retailers.

“It’s time to allow a market that’s brand new, a brand-new grassroots industry in our state, to kinda have some balance, y’know?” Boyd said. “And that’s just what it’s gonna take.”

Oklahoma lawmakers recently passed a total of 12 bills to tighten regulations on the state’s medical cannabis industry, including a requirement that new dispensaries and cultivation operations be located at least 1,000 ft. from schools. The moratorium on the issuance of new licenses is scheduled to be in effect until August 1, 2024, or until the medical marijuana authority catches up on the backlog of pending applications. But some business owners believe that may never happen.

“Until the OMMA either feels that they are able to control everything and it’s an opportune time to issue new licenses, but most people are saying that won’t ever come,” Wyatt said.

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New York Gov. Signs Smoking Ban in State-Owned Beaches, Parks

New Yorkers hoping to enjoy a smoke or a toke in one of the state’s beaches or parks might want to think twice.

Kathy Hochul, the state’s Democratic governor, signed a bill into law last month that will prohibit “smoking in all state-owned beaches, boardwalks, marinas, playgrounds, recreation centers, and group camps.” 

Those caught smoking in such areas could face a fine of $50.

“Smoking is a dangerous habit that affects not only the smoker but everyone around them, including families and children enjoying our state’s great public places,” Hochul said in a statement following the bill signing last month. “I’m proud to sign this legislation that will protect New Yorkers’ health and help reduce litter in public parks and beaches across the state.”

The new law applies to both tobacco and cannabis.

Recreational pot use has been legal in the Empire State since last year, when former Gov. Andrew Cuomo signed legislation.

The law permitted cannabis use wherever tobacco use is also permitted.

The bill signed into law last month “exempts the Adirondacks and Catskills from the [smoking] ban as well as parking lots, sidewalks adjoining parks, and areas not used for park purposes,” according to the governor’s office.

“Many municipalities and local governments already have restrictions or bans on smoking in public spaces. This additional penalty will enforce a statewide prohibition and includes a fine that will be collected by localities,” Hochul’s office explained in the press release issued last month. “In addition to the health risks posed by secondhand smoke, cigarette butts are a major environmental hazard due to the non-biodegradable filters that are discarded. They are the leading item found during cleanup projects. Through this prohibition, parks and beaches will be kept cleaner and safer as will our local ecosystems.”

The law was celebrated by several New York lawmakers.

“New York’s public parks are family friendly venues. No one, especially children, should be subjected to secondhand smoke while playing on a playground or enjoying the day at a public beach or camp site,” said Democratic state Sen. Toby Ann Stavisky. “Our parks also shouldn’t be tainted by non-biodegradable cigarette butts scattered throughout their grounds. I am proud to sponsor this legislation to protect and improve our beautiful network of parks and I thank Governor Hochul for helping New Yorkers enjoy the beauty of our parks by signing it into law.”

Fellow Democrat Jeffrey Dinowitz, a member of the New York State Assembly, said the law honors the spirit of public greenspace.

“New Yorkers head to our parks for fresh air and to foster a healthy lifestyle. Smoking is the opposite of that. I am very pleased the Governor Hochul has signed into law this important statewide ban on smoking in parks, and thank you to my colleagues for their vital support on this bill over the years,” Dinowitz said last month.

While New Yorkers aged 21 and older have been able to legally possess and use cannabis since last year, the state’s regulated weed market isn’t expected to launch until later this year.

Hochul took over as governor last summer after Cuomo resigned amid allegations of sexual misconduct, and she has taken a proactive role in shaping the state’s nascent legal cannabis industry ever since.

Last month, Hochul announced a $5 million grant in support of cannabis industry job training at New York community colleges.

“New York’s new cannabis industry is creating exciting opportunities, and we will ensure that New Yorkers who want careers in this growing sector have the quality training they need to be successful,” Hochul said in the announcement of the funding. “Diversity and inclusion are what makes New York’s workforce a competitive, powerful asset, and we will continue to take concrete steps to help ensure everyone has the opportunity to participate in the cannabis industry.”

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Massachusetts Lawmakers Pass Compromise Bill on Cannabis Industry Reform

Lawmakers in Massachusetts passed a bill late Sunday night that will bring a host of different reforms to the state’s recreational cannabis industry.

The legislation “aims to promote greater diversity in the legal marijuana industry, ratchet up oversight on the host community agreements that marijuana businesses are required to enter into with municipalities, and to lay the groundwork for cities and towns to green light on-site cannabis consumption establishments within their borders,” NBC Boston reported.

The compromise bill “emerged just before midnight Sunday after nearly a month of negotiations and quickly passed through both the House and Senate,” according to the station.

It will now head to the desk of Republican Gov. Charlie Baker, who expressed hope this month that lawmakers would get something passed.

Democratic state Sen. Sonia Chang-Díaz, who co-sponsored the measure, called it a “great bill.”

“It will rebalance the playing field, where so far wealthy corporations have been able to buy their way through the licensing process and too many local, small business owners and Black and brown entrepreneurs have been locked out,” Chang-Díaz said in a statement, as quoted by The Boston Globe.

The bill will usher in changes to the state’s nearly six-year-old legal weed industry. According to NBC Boston, it will “direct 15 percent of the money in the Marijuana Regulation Fund, which is where revenue brought in by the state’s marijuana excise tax, application and licensing fees, and industry penalties is deposited, into a new Social Equity Trust Fund,” while also giving “the Cannabis Control Commission the authority to review and approve host community agreements before a business obtains its final license, and clarifies that a community impact fee in an HCA cannot exceed 3 percent of gross sales and must be ‘reasonably related to the costs imposed upon the municipality by the operation of the marijuana establishment.’”

Voters in Massachusetts approved a ballot initiative in 2016 that legalized recreational pot use for adults. Lawmakers in the state subsequently rewrote the law the following year, and it has been the subject of legislative dispute ever since.

As The Boston Globe reported, some legislators have “spent years lobbying for a rewrite, arguing a few straightforward fixes would address glaring problems,” most notably an “onerous municipal approval process that has been implicated in two federal corruption investigations, and a lack of institutional financing that has allowed larger corporations backed by wealthy private investors to dominate at the expense of smaller, locally owned businesses with more diverse ownership.”

Proponents celebrated the bill’s passage on Sunday night.

“Legislators tonight made history with this vital — and overdue — grant and loan fund,” said Shanel Lindsay, a cannabis attorney and the cofounder of advocacy group Equitable Opportunities Now, as quoted by The Boston Globe. “This bill is an important step forward in undoing the harms of prohibition and over-policing and will provide an important path for families of color to create jobs in their community and generate generational wealth.”

Despite the problems with the law, the cannabis industry is booming in Massachusetts.

Earlier this year, Massachusetts officials reported that the state collected more in taxes from pot sales than it did with alcohol sales, a first since the cannabis industry went live in the state.

The growth of the legal weed market has been accompanied by some concerns. Late last year, Baker introduced legislation aimed at curtailing stoned driving.

“This bill will provide law enforcement officers with more rigorous drug detection training and will strengthen the legal process by authorizing the courts to acknowledge that the active ingredient in marijuana can and does impair motorists. The bill draws on thoughtful recommendations from a broad cross-section of stakeholders, and we look forward to working with our legislative colleagues to pass this bill and make our roads safer,” Baker said at the time.

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