SD Judge Throws Out Marijuana Legalization Initiative, IL Drug Defelonization Bill Coming, More… (2/10/21)

A South Dakota court throws out the voter-approved marijuana legalization amendment, Idaho medical marijuana campaigners can begin signature gathering for 2022, and more.

Marijuana Policy

New National Poll Has Three-Fifths Saying Marijuana Legalization is a "Good Idea." A new national survey from Emerson College Polling has 61% of respondents saying marijuana legalization is a "good idea." The poll asked about various issues—new pathways for citizenship, raising the minimum wage, for example—but none had as much support as marijuana legalization.

Connecticut Bill Would Require "Labor Peace" for Marijuana Businesses. A bill now before the Labor and Public Employees Committee, HB 6377, would require that marijuana businesses enter into labor peace agreements with a union before being granted licenses. The bill would require an agreement "between a cannabis establishment and a bona fide labor organization that protects the state’s interests by, at minimum, prohibiting the labor organization from engaging in picketing, work stoppages or boycotts against the cannabis establishment." Under the bill, marijuana employers would give up some rights, including the right to speak to employees about union organizing efforts.

South Dakota Judge Rejects Amendment Legalizing Marijuana. A circuit court judge in Pierre appointed by marijuana legalization opponent Gov. Kristi Noem (R) has thrown out the constitutional amendment legalizing marijuana that was approved by 54% of the voters in November. The judge held that the measure violated the state's requirement that constitutional amendments deal with just one subject and would have created broad changes to state government. Amendment sponsors led by former US Attorney Brendan Johnson said they would appeal the ruling to the state Supreme Court.

Medical Marijuana

Idaho Campaigners Cleared to Begin Signature Gathering for 2022 Medical Marijuana Initiative. Kind Idaho, the group leading the campaign for a 2022 medical marijuana initiative, has been cleared to begin signature gathering. A 2020 signature-gathering campaign was disrupted by the coronavirus and ultimately failed to back the ballot. This move comes as a medical marijuana bill has just been introduced in the legislature and as the legislature also considers legislation that would prevent the state from legalizing any currently illicit drugs.

South Dakota Governor Seeks Delay in Implementing Medical Marijuana Initiative. Gov. Kristi Noem (R) said Wednesday that while she will not stand in the way of implementing a voter-approved medical marijuana initiative, the state will need more time to get the program up and running. "We are working diligently to get IM 26 implemented safely and correctly,” Noem said. “The feasibility of getting this program up and running well will take additional time." Under state law, voter-approved ballot measures are supposed to take effect the following July 1, but Noem and the state's Republican legislative leadership say they will delay implementation until July 1, 2022.

Incarceration

Progressive Lawmakers Will Reintroduce COVID-19 in Corrections Data Transparency Act. United States Senators Elizabeth Warren (D-MA), Senators Patty Murray (D-WA) and Cory Booker (D-NJ), along with Congresswoman Ayanna Pressley (D-MA) and Congresswoman Sylvia Garcia (D-TX) will reintroduce of the COVID-19 in Corrections Data Transparency Act, bicameral legislation that would require the Federal Bureau of Prisons (BOP), the United States Marshals Service (USMS), and state governments to collect and publicly report detailed data about COVID-19 cases, hospitalizations, deaths, and vaccinations in federal, state, and local correctional facilities."As a result of their confinement, incarcerated people are at increased risk of contracting COVID-19, and reports show that COVID-19 has spread like wildfire in correctional facilities across the country. This bill takes a necessary step towards containing the pandemic and supporting the health and safety of incarcerated individuals, correctional staff, and the general public by strengthening data collection, reporting, and transparency," Senator Warren said.  

Sentencing Policy 

Illinois Drug Defelonization Bill Coming. Criminal justice reform advocates were thwarted in getting a drug defelonization bill passed in 2019, and now they are preparing to try again. The proposed bill would not only defelonize drug possession, it would also seek to divert drug users from the criminal justice system.