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Michigan Retroactive Marijuana Legalization Initiative (2018)

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Michigan Retroactive Marijuana Legalization Initiative
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Election date
November 6, 2018
Topic
Marijuana
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


The Michigan Retroactive Marijuana Legalization Initiative was not on the ballot in Michigan as an initiated constitutional amendment on November 6, 2018.

The measure would have added an amendment to the Michigan Constitution to legalize marijuana for personal, recreational, medical, commercial, industrial, agricultural, and other uses. The measure would have nullified and voided any laws prohibiting the use of marijuana. The initiative would have also prohibited taxes and regulations on marijuana. The constitutional amendment would have been applied retroactively.[1]

Text of measure

Petition title

The petition language used for circulation was as follows:[1]

This proposed constitutional amendment would: (1) make the use of the cannabis plant lawful in Michigan; (2) allow for the agricultural, personal, recreational, medicinal, research, development, educational, industrial, and commercial uses, as well as other uses; (3) nullify all prohibitions of cannabis in any form; (4) impose no fines, no use taxes, no penalties, no regulations to diminish or prohibit use upon we the people. The full text of the proposed amendment, adding Section 28 to Article I of the State Constitution, is printed on the reverse side of this petition. This proposal is to be voted on in the next General Election.[2]

Constitutional changes

See also: Article I, Michigan Constitution

The measure would have added a Section 28 to Article I of the Michigan Constitution.[1] The full text of the constitutional changes is available here.

Sponsors

Timothy Locke, sponsor of the initiative, described the amendment as "the Second Amendment of cannabis."[3]

Developments in federal marijuana policy

See also: Federal policy on marijuana, 2017-2018

Although the Department of Justice under Presidents Trump (R) and Obama (D) has not prosecuted most individuals and businesses following state and local marijuana laws as of January 2018, both medical and recreational marijuana are illegal under federal law. In November 2017, Attorney General Jeff Sessions (R)—a Trump nominee—told Congress that the policy of his office would stay fundamentally the same as that of the previous two attorneys general, Eric Holder and Loretta Lynch. On January 4, 2018, however, Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. This allows federal prosecutors to decide whether or not to enforce federal law regarding marijuana.[4][5]

Click here to read more about developments in federal policy on marijuana under the Trump administration.

Path to the ballot

See also: Laws governing the initiative process in Michigan

In Michigan, the number of signatures required to get an initiated constitutional amendment certified for the ballot is equal to 10 percent of the votes cast in the last gubernatorial election. For 2018 initiated amendments, the number of signatures required was 315,654. Signatures needed to be collected within any period of 180 days before July 9, 2018.

On August 17, 2017, the Michigan Board of Canvassers voted 4-0 to approve the initiative for signature gathering.[3] No signatures were filed for the initiative by the deadline.

See also

External links

Footnotes