On Marijuana, Four States Are Holding Six Referendums

Michigan, Missouri, North Dakota, and Utah consider marijuana legalization

North Dakota has the nation’s second-highest rate of arrest per marijuana user, and it issues harsher than average punishments, according to a Washington Post analysis. But on Nov. 6, North Dakotans—alongside Michiganders—could legalize the recreational use of marijuana.

There are two significant differences between the states’ initiatives.

First, Michigan’s is more specific and leaves less room for legislative amendment. It would allow people to possess up to 2.5 ounces of marijuana, set up a taxed system of commercial businesses, and enable municipalities to regulate these businesses more harshly within their borders. The legislature would need a supermajority to revise these specifications if voters adopt the measure. North Dakota’s measure is less detailed. Writing in Pot Network, Meg Ellis calls it “vague regarding laying a legal foundation for a recreational pot program.”

“This essentially is a bill asking voters, ‘Do you believe that we should end this failed prohibition of marijuana or not?’” Cole Haymond, an adviser for the Legalize ND campaign, told me. He added that the campaign is open to discussing possible amendments with lawmakers before the measure’s implementation, if it is adopted. “We welcome having a seat at the table to cast aside any concern, if they want to add any taxes, regulation, licensing,” he said.

Second, North Dakota’s initiative (unlike Michigan’s) would expunge the records of people already convicted of many marijuana offenses. However, it would not reduce sentences that people are still serving, even if it’s for an act that is no longer illegal.

Missouri and Utah are also voting on whether to legalize marijuana—but this time for medical use. (Oklahoma just took this step via referendum in June.)

Missouri’s ballot somehow contains three separate referendums to legalize medical marijuana. Each enables patients to acquire marijuana if they suffer from a qualifying condition, but they propose different tax structures and only one allows home-grown marijuana. If more than one passes, the one with the most votes becomes law. The Springfield News-Leader provides a useful overview of these measures’ specifications and differences.

Utahns get to vote on only one measure. According to the Deseret News, Proposition 2 would enable people who meet certain conditions to buy two ounces of marijuana over a two-week period; it would also provide for 15 dispensaries across the state, and enable some people to grow marijuana for personal use at home.