2016 was a monumental year for marijuana law reform. With adult use meaures being approved in four states (CA, MA, ME, NV) and medical marijuana initiatives passing in another four (AR, FL, MT, ND), the era of marijuana legalization is upon us.

Find below a summary and results of each of these initiatives.

Legalization Ballot Initiatives

California

• Election Night Results: 56 percent approve, 44 percent disapprove
• Name: Adult Use of Marijuana Act
• Ballot Number: Proposition 64
• Proponents: Let's Get It Right CA
• Website: Yes on Prop 64 • Initiative Language
• Summary: Proposition 64, The Adult Use Marijuana Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. (Medical cannabis patients are not subject to these limits.) The measure prohibits localities from taking actions to infringe upon adults' ability to possess and cultivate cannabis for non-commercial purposes. The initiative does not "repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996." Several other marijuana-related activities not legalized by the measure are reduced from felonies to misdemeanors. The law also provides for resentencing consideration for those found guilty of prior marijuana convictions. The revised marijuana penalties take effect on November 9, 2016. Retail sales of marijuana by state-licensed establishments are scheduled to begin under the law on January 1, 2018. On site consumption is permitted under the law in establishments licensed for such activity. Large-scale corporate players are restricted from becoming involved until 2023.

Maine

• Election Night Results: 50.3 percent approve, 49.7 percent disapprove
• Name: Marijuana Legalization Act
• Ballot Number: Question 1
• Proponents: Campaign to Regulate Marijuana Like Alcohol
• Website: Regulate Maine • Initiative Language
• Summary:
• Question 1, the Marijuana Legalization Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants, and/or up to 12 immature plants) and to possess personal use quantities of cannabis (up to two and one-half ounces of herbal cannabis) while also licensing commercial cannabis production and retail sales. The law imposes a 10 percent tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses. On site consumption is permitted under the law in establishments licensed for such activity. Legal counsel for the No on 1 campaign demanded a recount, which they disbanded on December 17. The measure will now become law 30 days after the Governor affirms the election result. Regulations for marijuana-related businesses are scheduled to be in place by August 8, 2017.

Massachusetts

• Election Night Results: 53.5 percent approve, 46.5 percent disapprove
• Name: The Regulation and Taxation of Marijuana Act
• Ballot Number: Question 4
• Proponents: The Campaign to Regulate Marijuana Like Alcohol in Massachusetts
• Website: Regulate Marijuana Like Alcohol • Initiative Language
• Summary: Question 4 permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce and/or up to 5 grams of concentrate; in addition, adults may legally possess up to ten ounces of marijuana flower in their home) while also licensing commercial cannabis production and retail sales. The law imposes a 3.75 percent excise tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses. The new law is supposed to take effect on December 15, 2016 however Secretary of State William F. Galvin said that the results of the marijuana legalization measure may not be certified in time. Regulators are scheduled to begin accepting applications from marijuana-related businesses on October 1, 2017.

Nevada

• Election Night Results: 54.5 percent approve, 45.5 percent disapprove
• Name: Nevada Marijuana Legalization Initiative
• Ballot Number: Question 2
• Proponents: Coalition to Regulate Marijuana Like Alcohol in Nevada
• Website: Regulate Marijuana Like Alcohol • Initiative Language
• Summary: Question 2 permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to 3.5 grams of concentrates) while also licensing commercial cannabis production and retail sales. (Home cultivation is not permitted if one’s residence is within 25 miles of an operating marijuana retailer.) Commercial marijuana production is subject to a 15 percent excise tax, much of which is earmarked to the State Distributive School Account. The new law takes effect on January 1, 2017. Regulations governing commercial marijuana activities must be in place by January 1, 2018.

Arizona

• Election Night Results: 47.8 percent approve, 52.2 disapprove
• Name: Arizona Regulation and Taxation of Marijuana Act
• Ballot Number: Proposition 205
• Proponents: The Campaign to Regulate Marijuana Like Alcohol (Marijuana Policy Project)
• Website: Regulate Marijuana Like Alcohol • Initiative Language
• Summary: Proposition 205 sought to permit adults to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to five grams of concentrates) while also licensing commercial cannabis production and retail sales. Voters rejected the measure 52 percent to 48 percent.

Medical Ballot Initiatives

Arkansas

• Election Night Results: 53.2 percent approve, 46.8 percent disapprove
• Names: The Arkansas Medical Marijuana Amendment
• Ballot Number: Issue 6
• Proponents: N/A
• Website: Issue 6 Initiative Language
• Summary: Issue 6, the Arkansas Medical Marijuana Amendment, amends the state constitution to permit qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. The home cultivation of cannabis is not permitted under the law. Under the law, regulators will license up to 40 dispensary providers and up to eight marijuana cultivators. Because of emergency legislation (House Bill 1026) enacted by lawmakers, regulators have until July 1, 2017 to begin accepting applications for those seeking a state license to grow or dispense medical cannabis.

Florida

• Election Night Results: 71.3 percent approve, 28.7 percent disapprove
• Name: Use of Marijuana For Debilitating Conditions
• Ballot Number: Amendment 2
• Proponents: United For Care
• Website: United For Care • Initiative Language
• Summary: Amendment 2 amends the Florida state constitution so that qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Under the law, a “debilitating medical condition” for which marijuana may be recommended includes is defined as “cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.” The home cultivation of cannabis is not permitted under the law. Department of Health regulators must begin issuing patient identification cards within nine months of the law’s enactment.

Montana

• Election Night Results: 56.3 percent approve, 43.7 percent disapprove
• Name: Montana Medical Marijuana Initiative
• Ballot Number: I-182
• Proponents: Montana Citizens for I-182
• Website: Yes On I-182 • Initiative Language
• Summary: I-182 expands the state’s medical marijuana laws. It permits licensed medical marijuana providers to serve more than three patients at one time and allows for providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. It removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state. The new law takes effect on June 30, 2017. However, specific provisions, such as those specific to the re-opening of licensed dispensary, have been ordered by the courts to take immediate effect.

North Dakota

• Election Night Results: 63.8 percent approve, 36.2 percent disapprove
• Name: The North Dakota Compassionate Care Act 2016
• Ballot Number: Measure 5
• Proponents: North Dakota Compassionate Care
• Website: North Dakota Compassionate Care • Initiative Language
• Summary: Measure 5, the North Dakota Compassionate Care Act, permits qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Those who reside 40 miles or more away from an operating medical marijuana dispensary are permitted to grow limited quantities of marijuana (up to eight flowering plants) at home. The new law takes effect 90 days following voter approval.

Not on Ballot

Arkansas

• Names: The Arkansas Medical Cannabis Act
• Ballot Numbers: Issue 7
• Proponents: Arkansans for Compassionate Care, David Couch
• Website: The Arkansas Medical Cannabis Act • Initiative Language
• Summary: The 2016 Arkansas Medical Cannabis Act establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to obtain a 'hardship certificate' in order to cultivate their own medicine at home. The measure is presently in litigation after the Arkansas Supreme Court invalidated over 10,000 signatures just days before Election Day.

Michigan

• Name: Michigan Marihuana Legalization, Regulation and Economic Stimulus Act
• Ballot Number: N/A — The state Supreme Court has denied an appeal by Campaigners regarding the validity of their signatures and the imposition of newly enacted rules limiting the time during which signatures may be collected. Proponents are considering an appeal. Read more » The campaign has announced plans to run a similar ballot in 2018.
• Proponents: MI Legalize
• Website: MI Legalize • Initiative Language
• Summary: The initiative would have allowed adults 21 years of age and older to possess and cultivate marijuana (up to 12 plants). It would have established licensing for the commercial production and retail sale of cannabis. Retail sales of cannabis would be subject to a ten percent excise tax. Non-commercial transactions and/or retail sales involving medical cannabis would not be subject to taxation.

Missouri

• Name: New Approach Missouri
• Ballot Number: N/A — A judge has ruled that a decision to invalidate many signatures from registered voters was proper; as a result, the measure will not appear on the 2016 ballot.
• Proponents: New Approach Missouri
• Website: New Approach Missouri • Initiative Language
• Summary: The initiative would have created a statewide system for production and sale of medical cannabis and medical cannabis products. It also provides for limited and regulated patient cultivation. The initiative levies a four percent retail tax, and all revenue in excess of the cost of regulating the medical cannabis program will go to help Missouri's veterans. The initiative maintains the current prohibition on public use and driving under the influence. It also allows the Department of Health and Senior Services to institute a seed-to-sale tracking system to ensure that the product and money do not reach the illicit market. The initiative puts the Missouri Department of Health and Senior Services in charge of licensing and implementation, but also allows the department to contract with other state agencies when necessary for effective and efficient regulation. Sixty-two percent of registered voters voiced support for the measure, according to survey data compiled by Public Policy Polling.

Oklahoma

• Name: N/A
• Ballot Number: State Question 788 — Although the Secretary of State has certified that initiative proponents have collected sufficient signatures, proponents are now challenging the attorney general's rewording of the ballot title. The legal challenge could force the issue to be decided in a special election after November 8. Read more »
• Proponents: Oklahomans for Health
• Website: Oklahomans for Health • Initiative Language
• Summary: The Act establishes a state-licensing system to permit eligible patients to possess and cultivate personal use quantities of cannabis for therapeutic purposes. Those who do not possess such a license face civil fines but not criminal penalties. The Act also establishes a state regulated system for growing and dispensing medical cannabis. Taxes are imposed on marijuana sales.

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