VOTING ON CANNABIS 2016

There are various cannabis-related ballot measures coming up for the November 2016 election to regulate both medical and recreational cannabis at the state level. Here is a breakdown of all the cannabis-related initiatives that will be on the state ballots.

Alabama

(NOTHING NEW ON STATE BALLOT) The state only permits CBD-only medical cannabis oil under HB-61. Possession of any amount of cannabis could result in one year of incarceration and a maximum fine of $6,000.

Alaska

(NOTHING NEW ON STATE BALLOT) Cannabis for recreational use for adults ages 21-and-over is permitted. The state also has an operational medical cannabis program.

Arizona
(RECREATIONAL ON BALLOT) Arizona Marijuana Legalization Initiative or Proposition 205 will be on the November 2016 ballot. If passed, it could allow possession, consumption and cultivation of recreational cannabis by adults ages 21 years and older. The initiative would also create a Department of Marijuana Licenses and Control to regulate the industry. A 15 percent tax on recreational cannabis would benefit the state’s education and healthcare industries. Adults would be able to cultivate to six plants in their residence, and local governments would have the ability to further regulate cannabis-related businesses.

Arkansas
(MEDICAL ON BALLOT) The 2016 Arkansas Medical Cannabis Act aims to allow a medical cannabis program that is regulated by Arkansas Department of Health, and it will appear on the November 2016 ballot. There is a competing initiative called the Arkansas Medical Marijuana Amendment of 2016. This initiative also sets out to permit medical cannabis in the state. If both ballot measures receive a majority vote, the measure with the highest number of votes will be enacted.

California
(RECREATIONAL ON BALLOT) The Adult Use of Marijuana Act or California Proposition 64 will appear on the November 2016 ballot. If passed, it will give voters the opportunity to permit recreational cannabis and hemp. Recreational cannabis and hemp would be subjected to a 15 percent sales tax. There would also be a cultivation tax on cannabis growers, which would be $2.75 per ounce of leaves and $9.25 per ounce of cannabis flower.

Colorado

(NOTHING NEW ON STATE BALLOT) Cannabis for recreational use for adults ages 21-and-over is permitted. The state also has a medical cannabis program that allows people with qualifying medical conditions to access cannabis.

Connecticut

(NOTHING NEW ON STATE BALLOT) The state has a medical cannabis program for patients with qualifying conditions. The state has decriminalized the plant to a certain degree, with the possession of less than half an ounce of cannabis yielding a $150-500 fine.

Delaware

(NOTHING NEW ON STATE BALLOT) The state has a medical cannabis program for patients with qualifying medical conditions. The state has decriminalized the plant to a certain degree, with the possession of up to one ounce of cannabis yielding a $100 fine.

Florida
(MEDICAL ON STATE BALLOT) Amendment 2 or Florida Medical Marijuana Legalization Initiative is on the November 2016 ballot. It is an initiated constitutional amendment that, if passed, would permit medical cannabis for patients with qualifying conditions or by recommendation of a licensed state physician. If passed, the state’s Department of Health would be in charge of regulating cannabis cultivation, production and distribution. The Department of Health would also be responsible for issuing medical cannabis ID cards.

Georgia

(NOTHING NEW ON STATE BALLOT) The state only permits CBD-only medical cannabis oil.

Hawaii

(NOTHING NEW ON STATE BALLOT) The state does have a medical cannabis program for patients with qualifying conditions.

Idaho

(NOTHING NEW ON STATE BALLOT) Cannabis is completely illegal in the state of Idaho.

Illinois

(NOTHING NEW ON STATE BALLOT) The state does have a medical cannabis program for patients with a large list of qualifying conditions. The state has decriminalized the plant to a certain degree, with the possession of less than 10 grams of cannabis yielding a $200 fine.

Indiana

(NOTHING NEW ON STATE BALLOT) Cannabis is completely illegal in the state of Indiana.

Iowa

(NOTHING NEW ON STATE BALLOT) The state permits CBD-only medical cannabis oil.

Kansas

(NOTHING NEW ON STATE BALLOT) Cannabis is completely illegal in the state of Kansas.

Kentucky

(NOTHING NEW ON STATE BALLOT) The state allows CBD-only cannabis oil.

Louisiana

(NOTHING NEW ON STATE BALLOT) The state does have a medical cannabis program. The program needs more revisions in order to be workable.

Maine
(RECREATIONAL ON BALLOT) The Maine Marijuana Legalization Measure or Question 1 will be on the November 2016 ballot. If passed, it would legalize recreational cannabis in the state of Maine for adults ages 21-and-over. The industry would be regulated and taxed by the Maine Department of Agriculture, Conservation and Forestry.

Maryland

(NOTHING NEW ON STATE BALLOT) The state has a non-operational medical cannabis law for people with qualifying medical conditions. The state has decriminalized the plant to a certain degree, with the possession of less than 10 grams of cannabis yielding a $100 fine.

Massachusetts
(RECREATIONAL ON STATE BALLOT) The Massachusetts Marijuana Legalization Initiative or Question 4, is on the November 2016 ballot. If passed, it would allow recreational cannabis for adults ages 21 and over, similar to the way alcoholic beverages are permitted in the state. The state currently has an operational medical cannabis program and has decriminalized cannabis to a certain extent.

Michigan
(NOTHING NEW ON STATE BALLOT) The state has an operational medical cannabis program for patients with qualifying conditions.

Minnesota

(NOTHING NEW ON STATE BALLOT) The state has an operational medical cannabis program for patients with qualifying conditions. The state has also decriminalized cannabis to a certain degree, where personal possession of 42.5 grams of cannabis can lead to a misdemeanor penalty of $200.

Mississippi

(NOTHING NEW ON STATE BALLOT) The state permits CBD-only medical cannabis oil for qualifying patients. The state has decriminalized cannabis to a certain degree, as first offense personal possession of 30 grams or less of cannabis can lead to a $250 fine.

Missouri

(NOTHING NEW ON STATE BALLOT) New Approach Missouri fought to get medical cannabis on the ballot for 2016, however they fell short with just over 20 signatures. The state permits CBD-only medical cannabis oil for qualifying conditions.

Montana
(MEDICAL ON STATE BALLOT) If the Montana Medical Marijuana Initiative or I-182 passes then it would amend the Montana Marijuana Act of 2011, and it will be on the November 2016 ballot. If passed, it would rename the current medical cannabis law to the Montana Medical Marijuana Act. According to the initiative, this measure would finally permit, “providers to hire employees to cultivate, dispense and transport medical marijuana.”

Nebraska

(NOTHING NEW ON STATE BALLOT) The state is still strict on laws regarding cannabis. The state has decriminalized the plant to a certain degree, with the first offense possession of less than 10 grams of cannabis only yielding a $100 fine.

Nevada
(RECREATIONAL ON STATE BALLOT) The Nevada Marijuana Legalization Initiative or Question 2 is on the November ballot. If passed, it would allow adults ages 21 and over to legally possess one ounce of less of cannabis. The Department of Taxation would regulate and distribute licenses. They would also be responsible for licensing cannabis-related businesses, sales tax would benefit public education.

New Hampshire

(NOTHING NEW ON STATE BALLOT) The state does have an operational medical cannabis program for patients with qualifying conditions.

New Jersey

(NOTHING NEW ON STATE BALLOT) The state does have an operational medical cannabis program for patients with qualifying medical conditions.

New Mexico

(NOTHING NEW ON STATE BALLOT) The state does have an operational medical cannabis program for patients with qualifying conditions.

New York

(NOTHING NEW ON STATE BALLOT) The state does have a medical cannabis program, and medical cannabis is only available in smoke-free forms (capsules, liquids, oils and vaporization) for patients with qualifying conditions.

North Carolina

(NOTHING NEW ON STATE BALLOT) CBD oil is approved to treat patients who suffer from intractable epilepsy. Cannabis has been decriminalized in North Carolina as well, and anyone being caught in possession of 0.5 ounces or less of cannabis will receive a Class 3 misdemeanor with up to $200 fine.

North Dakota
(MEDICAL ON BALLOT) The North Dakota Compassionate Care Act 2016 or Initiated Statutory Measure 5 is on the November 2016 ballot. If passed, it would legalize medical cannabis for patients with specific medical conditions. The Department of Health would be responsible for regulating all aspects of the program from caregivers and patients to cultivation, dispensing and even will be required to provide guidelines for corrective action for criminal prosecution.

Ohio

(NOTHING NEW ON STATE BALLOT) The Marijuana Policy Project suspended its campaign for legalizing medical cannabis in the state earlier this year. However, the state’s current medical cannabis law, HB-523, officially went into effect on September 8, 2016. Cannabis is decriminalized in Ohio, with a $150 fine for possession of less than 100 grams of cannabis.

Oklahoma
(NOTHING NEW ON STATE BALLOT) Oklahoma had a medical cannabis bill planned for the ballot, called State Question 788, however, it has now been delayed until 2018. Until then, medical CBD oil is legal through HB-2835 in Oklahoma for patients with qualifying conditions. This new law will take effect on November 1.

Oregon

(NOTHING NEW ON STATE BALLOT) Cannabis has been legalized for recreational use for adults ages 21-and-over. The state also has a medical cannabis program that allows people with qualifying medical conditions to access cannabis.

Pennsylvania

(NOTHING NEW ON STATE BALLOT) The Pennsylvania Medical Marijuana Act, Act 16, was legalized earlier in 2016, which adds 17 different qualifying conditions to access medical cannabis. Cannabis is not decriminalized in Pennsylvania yet.

Rhode Island

(NOTHING NEW ON STATE BALLOT) The state has its own Medical Marijuana Act which offers cannabis as treatment for qualifying conditions. Cannabis is also decriminalized to an extent in Rhode Island, with possession of cannabis up to one ounce and punishable by a $150 violation fee.

South Carolina

(NOTHING NEW ON STATE BALLOT) The state saw recent approval of a medical cannabis CBD law called South Carolina Medical Marijuana Program Act, which will have approved patients who suffer from severe forms of epilepsy to be exempt from state law regarding possession of CBD. Cannabis has been decriminalized in the state, leaving possession of an ounce or less punishable with a maximum sentence of 30 days, along with a $200-$300 fine as a first offense.

South Dakota

(NOTHING NEW ON STATE BALLOT) The South Dakota Medical Marijuana Initiative was originally planned, but there were not enough signatures approved for consideration, thus it will not be appearing on this year’s ballot. South Dakota does not have a medical cannabis program, and possession of two ounces or less of cannabis is labeled a Class 1 demeanor, which nets the violator a maximum one-year prison sentence and up to a $2,000 fine.

Tennessee

(NOTHING NEW ON STATE BALLOT) Medical cannabis is allowed with CBD oil only, and the state holds strict penalties for violating state law. Possession of half an ounce of cannabis will send violators to jail for up to one year with a minimum required fee of $250 for first time offenders (the maximum fine is $2,500).

Texas

(NOTHING NEW ON STATE BALLOT) Medical cannabis is legal with CBD oil only in Texas through SB-339, and can only be used by patients who suffer from intractable epilepsy. The state has not decriminalized cannabis though, leaving anyone who is caught with up to two ounces of cannabis to be sent to jail for up to 180 days and a fine up to $2,000.

Utah

(NOTHING NEW ON STATE BALLOT) Medical cannabis is legal with CBD oil only for patients with qualifying conditions.

Vermont

(NOTHING NEW ON STATE BALLOT) Vermont does have a medical cannabis program. The state has decriminalized cannabis, leaving anyone caught with one ounce or less to receive a civil violation instead of a criminal offense—but anything more than one ounce will still lead to a six-month maximum imprisonment and/or up to a $500 fee.

Virginia

(NOTHING NEW ON STATE BALLOT) The Virginia General Assembly passed SB-701 which allows cannabis oil to be used as treatment for patients who suffer from epilepsy with a doctor’s certification (this bill must be passed a second time in 2017 before any patients can benefit from it). Virginian laws are still strict though.

Washington

(NOTHING NEW ON STATE BALLOT) Cannabis for recreational use for adults ages 21-and-over is legal. The state also has a medical cannabis program that allows people with qualifying medical conditions to access cannabis.

Washington D.C.

(NOTHING NEW ON STATE BALLOT) Cannabis for recreational use for adults ages 21-and-over is permitted. The state capitol also has a medical cannabis program that allows people with qualifying medical conditions to access cannabis.
West Virginia

(NOTHING NEW ON STATE BALLOT) There is no medical cannabis program. Cannabis is not decriminalized, and being caught in possession of any amount of cannabis results in between 90 days to six months, and a $1,000 fine.

Wisconsin

(NOTHING NEW ON STATE BALLOT) The state does currently have a tightly restricted CBD law in place that’s available for patients who want to use CBD oil to treat seizures. Cannabis is not decriminalized in Wisconsin, and anyone found in possession will face a maximum prison sentence of six months, and/or a $1,000 fine.

Wyoming

(NOTHING NEW ON STATE BALLOT) The state’s current law allows for limited access to the use of CBD oil as a medicine, but it is only available to help treat seizures.