These 5 US states will vote on whether or not to legalize cannabis in November

L’Election Day In November, on the day of the national and federal elections, five states—including California, the most populous—will put the legalization of cannabis to a vote in their respective states.

Four states have already legalized cannabis through referendums: Colorado and Washington in 2012, and Alaska and Oregon in 2014. But these states have a combined population of «only» 17 million. If California legalizes it, that number would triple, and it would quadruple if all five states adopt this legislation. One-quarter of the U.S. population would then live in a state where cannabis is legal—a figure equal to the population of France.

This vote is important because it could deal a major blow to the federal ban on cannabis. Opinion polls consistently show that a majority of the American public supports legalization. The November vote will therefore confirm (or refute) these polls.

Of the five states that will vote on legalization in November, four are part of a campaign launched by the Marijuana Policy Project, an organization working to reform cannabis laws in the U.S., whose main argument is to «regulate cannabis like alcohol.» California is the exception among the five. The The push for legalization, however, is being led by Sean Parker and many colleagues.

Arizona

With its Proposition 205, Arizona proposes to legalize the possession of 28 grams of cannabis and the cultivation of six plants for people over the age of 21, «in an enclosed area inside their home.» It would also create a state agency to oversee legal, licensed cannabis businesses and limit the number of stores to one-tenth the number of liquor stores (a maximum of 180 statewide).

Each municipality will be able to decide whether to ban cannabis businesses within its jurisdiction. Each cannabis sale will be taxed at 15%, with 80% of the proceeds going to schools and 20% to prevention and harm reduction.

Public use will not be permitted, and penalties will remain unchanged for anyone who violates the new legal provisions. The presence of inactive cannabis metabolites in a driver’s blood will still be punishable, without the need to prove that the driver is still under the influence.

The legalization campaign has raised 2.2 million $, but the outcome remains uncertain. The latest polls show legalization trailing (52% against, 39% in favor).

California

With its Proposition 64, the initiative Adult Use of Marijuana Act (AUMA) would allow people over the age of 21 to possess 28 grams of cannabis and grow six plants. It would also allow the gifting of up to 28 grams of cannabis and the opening of «cannabis cafes,» places where people could consume cannabis.

The new regulations would be overseen and enforced by a new Cannabis Control Bureau, which would replace the current Medical Cannabis Regulatory Bureau. It would set a limit of 15% on cannabis sales and 9.25$ per ounce (28 grams) on cannabis cultivation.

«Micro-farms» will be permitted (less than 1,000 m²), while «mega-farms » (more than 2,000 m² indoors and 4,000 m² outdoors) will not be permitted until 2023 at the earliest.

Most cannabis-related offenses will be reclassified from felonies to misdemeanors. Cities and counties will be able to ban cannabis businesses through a vote by their residents, but they will not be able to ban possession and cultivation for personal use.

The legalization campaign has raised 7.1 million $ so far, including 1.5 million from Sean Parker and 1 million from the founder of Weedmaps. The opposition has very few resources compared to these enormous sums, and polls estimate that legalization will win with 60% of the vote.

Maine

The Question 1 would allow people over the age of 21 to possess up to 70 grams of cannabis and to grow 6 flowering plants and 12 plants in the vegetative stage. People could also give 70 grams or 6 cannabis plants to other adults without compensation.

This measure would authorize the legal sale of cannabis, overseen by the Department of Agriculture, Conservation, and Forestry, with a tax of 10%. It would also allow for the opening of consumption facilities, but would require that all cannabis purchased at these facilities be consumed on-site (no takeout). Each city could refuse to allow cannabis production or consumption facilities within its boundaries.

The pro-legalization campaign raised 6,920,000$, but Maine is a small, sparsely populated state, so it won’t need millions to see its campaign through to the end.

Polls suggest that legalization will pass with 55%, but these numbers aren't high enough yet for legalization advocates to rest easy.

Massachusetts

The Question 4 would allow people over the age of 21 to possess up to 28 grams in public or 280 grams at home, as well as to grow 6 plants and possess the harvest.

The cannabis trade would be regulated by a Cannabis Control Commission, which would also authorize the opening of consumption facilities. Each municipality will be able to refuse to allow these businesses or ban retail outlets.

Each sale would be taxed at 10% (3.75% in excise tax and 6.25% in sales tax). Localities could add local taxes of up to 2% on sales.

So far, the campaign has raised only 5,000,001 TP4T—not much for a state that is actually larger than Maine. The anti-legalization campaign appears to be the strongest of the five states, with the support of the mayor of Boston and several other officials.

The vote is expected to be close, with the latest polls showing 41% in favor and 50% against.

Nevada

The Question 2 would legalize the possession of 28 grams of cannabis for people over the age of 21 and the cultivation of up to six cannabis plants, but only if the person lives more than 40 kilometers from a cannabis retail store.

The measure would establish a licensed cannabis sales system overseen by the Department of Taxation. Sales would be taxed at 15%.

The campaign raised more than 1 million $, most of it from professionals in the cannabis industry. But opposition is strong, particularly from casino magnate Sheldon Adelson, who previously donated 5 million to oppose the medical cannabis legalization initiative in Florida in 2014. Adelson has not yet directly opposed Question 2, but he has bought the state’s largest newspaper and shifted its editorial stance from pro-legalization to anti-legalization.

The latest polls estimate that the vote will be 50% in favor, with 41% against.

Ultimately, California, Maine, and Nevada have a good chance of passing cannabis legalization, while it seems unlikely that Arizona and Massachusetts will do so in November. See you on November 9 for the results of the five-state race in order!