The Tuesday Count: First marijuana measure certified for a 2016 statewide ballot

March 17, 2015

Edited by Brittany Clingen

Two measures have been certified for the 2016 ballot in Nevada, one of which is the first official marijuana-related measure of 2016. This measure, which would legalize recreational marijuana, is almost certainly not the last cannabis-centric one that will go before voters in 2016. Marijuana is also stealing the local spotlight, as two California cities attempt to work against petitioners to postpone medical marijuana initiatives, and another strikes a compromise with marijuana supporters.

Nevada certifies two measures for 2016 statewide ballot:
The Nevada Legislature took no action on two indirect initiated state statutes before the 40-day constitutional deadline for voter petitions, thereby referring the measures to the 2016 ballot. One measure, if approved by voters, would legalize one ounce or less of marijuana for recreational use by people who are at least 21 years old. The initiative would also implement a tax on marijuana sales and allocate revenue from this tax to education. Additionally, the measure would prohibit giving or selling marijuana to minors, driving under the influence of marijuana and using marijuana in public. The Nevada Department of Taxation would be tasked with regulating and licensing retailers and suppliers.

Steven Yaccino, staff writer for Bloomberg, suggested the initiative's presence on the ballot could boost Democrats, especially incumbent U.S. Sen. Harry Reid, in 2016. State Rep. Tick Segerblom (D-3) is hoping the initiative encourages Republicans and Democrats in the Nevada Legislature to legalize recreational marijuana via legislation. He warned his Republican counterparts that not doing so would cost them in 2016, saying, "If you look around the country, one of the biggest factors in turnout is having marijuana on the ballot."

Nevada's marijuana legalization measure will share the ballot with a measure addressing another contentious topic: background checks on gun purchasers. This measure, upon voter approval, would require that an unlicensed person who wishes to sell or transfer a firearm to another person conduct the transfer through a licensed gun dealer who must run a background check. A licensed dealer may charge a "reasonable fee" for his or her service.

The measure exempts certain transfers of firearms from background checks, including transfers between immediate family members and temporary transfers while hunting or for immediate self-defense. As of 2014, firearms may be sold by individuals via advertisements and at gun shows without requiring purchasers to undergo background checks.

Supporters of both measures are likely hoping to piggy-back off the success of similar ballot measures last year. In 2014, two states, Alaska and Oregon, plus the District of Columbia, legalized the recreational use of marijuana, bringing the total number of states that have legalized non-medical use of the drug to four. That same year, voters in Washington state approved I-594, which requires background checks to be run on every person purchasing a gun in the state, even those who do so via private sales.

Local spotlight

Upland and Costa Mesa, California, work against petitioners to postpone medical marijuana initiatives, while Yucca Valley strikes a compromise:

Exemplifying the struggle between medical marijuana activists and city councils that has become the norm in California, the city councils of both Costa Mesa and Upland have angered initiative petitioners by postponing measures until November 2016.

In Costa Mesa and Upland, initiatives to permit medical marijuana dispensaries qualified for special election ballots by a comfortable margin of signatures. The city councils, however, insisted the measures must wait until the general election in 2016 to go before voters. The position of the cities relies on a provision of elections law that requires any initiative measure imposing taxes or concerning appropriations to go before voters at a general election, rather than a special election. Initiative petitioners in both cities proposed lawsuits trying to force earlier election dates.

In Yucca Valley, however, a unique compromise was struck between initiative petitioners and the town. The Alliance 4 Safe Access collected enough signatures to force an election. Then, instead of insisting on its own provisions, the group worked with the town to draft a measure that allows enough medical marijuana activity to satisfy the alliance but also addresses some concerns of the town council, such as providing additional revenue to the town and enacting adequate regulation of the industry. The measure resulting from the unprecedented collaboration of the town council and medical marijuana activists is slated to go before voters on June 2, 2015. Jason Elsasser, the leader of the Alliance 4 Safe Access, said, "As far as I know, this has never happened before. Its always been us against them. But we are going to have one ordinance supported by the town and the alliance and the voters will support it."

A Los Angeles stadium project backed by the owner of the St. Louis Rams may require a vote after all:

It first appeared as if a football stadium development in the city of Inglewood, California, would sail through the approval process without a hitch. A labor union in the Los Angeles area, however, launched a referendum petition against the stadium initiative that was approved by the Inglewood City Council. Since the union has insisted on a written labor agreement with Kroenke and the owner of the development site before the project moves forward, a decision by the voters is once again on the table. Union circulators have until March 26 to collect the necessary 6,000 signatures to force the issue back to the city council, after which the proposal would likely go before voters.

Other measures in the news

• New York Two Separate States Question (2015): Over 10 Republican legislators are sponsoring an advisory question asking voters about splitting New York into two distinct states.
• Louisiana Hydrocarbon Tax Amendment (2015): Two Democrats are proposing a 4 percent tax on hydrocarbon to help fund schools, healthcare, public pensions and transportation, and to decrease the state's income tax rates.
• California Public Pension Cuts Initiative (2016): Chuck Reed (D), Carl DeMaio (R) and other businesspeople and politicians are looking to launch an initiative that would implement cuts to California's public pension system, CalPERS.

See also

2015 ballot measures

Tuesday Count • 2015 Scorecard

• Ballotpedia's Tuesday Count for 2015
• 2015 ballot measures
• Local ballot measure elections in 2015