Election Day Sees Several States Make Big Changes in Drug Laws

Many changes to drug laws were on the election ballot this November, with several states legalizing marijuana for medical and/or recreational use. One state, Oregon, eliminated criminal penalties for harsher drugs including cocaine, heroin, and methamphetamine for smaller amounts. These initiatives ended up on ballots nationwide due to concerns that there are better ways to address drug usage and crimes than through convictions and incarceration.

The New York Times summarized some of these ballot proposals in an October 2020 article.

Oregon’s Measure 110 ballot initiative

Oregon’s Measure 110 ends criminal penalties for “personal use” amounts of heroin, cocaine, and methamphetamine. The tax revenue obtained from sales of these drugs (through legal channels) would be used for substance abuse treatment programs. Oregon’s drug problem has become overwhelming, with issues of chronic homelessness, poverty and some of the highest levels of drug abuse in the country for young people.

Supporters of the proposal argued that the COVID-19 pandemic and enforcement issues highlight the need for change. Opponents of Measure 110 argued that decriminalization would normalize drug usage and carries the danger of deadly addiction.

Legalization of marijuana

Many states, though not Tennessee, have legalized marijuana for medical or recreational use. Even some of the more conservative states had ballot initiatives to legalize marijuana in some form. The states with ballot initiatives are Mississippi, Montana, Arizona, New Jersey and South Dakota. As of November 6, Montana, Arizona, New Jersey and South Dakota had approved the ballot measures.

Part of the incentive for these initiatives is that state revenues are declining due to the coronavirus pandemic. Many states have big revenue shortfalls because consumers aren’t spending as much money. The pandemic is “highlighting and intensifying the need for new options,” Sam Chapman, the campaign manager for another Oregon ballot measure that would make psilocybin, the psychoactive ingredient in magic mushrooms, legal for mental health treatment, told the New York Times. “We all know someone who is suffering.”

Dave Lewis, a Republican legislator in Montana and a state budget director, put it simply, “This COVID-19 thing is kicking our butts.” His group is supporting the use of recreational marijuana legislation. Mr. Lewis says the that the new marijuana law could add 4,000 to 5,000 jobs to his state – a big deal for a state he says comes in 44th in family income. Half the revenue from proposed measure would be used for public lands and outdoor recreation. The measure is supported by the Montana Wildlife Federation and the Trust for Public Lands, both of which have signed on as supporters.

New Jersey’s Governor Murphy supported a successful measure to legalize recreational marijuana. He believes it will allow police to shift their focus from marijuana enforcement to more serious public safety threats.

South Dakota had two separate and successful ballot measures – one for legalization of medical marijuana and the other for legalization of recreational marijuana. Half the revenue from the recreational measure would support public schools. Opponents argue the state should focus on other revenue sources.

In Mississippi, there are two initiatives. One to legalize medical marijuana, and another that says the state legislature should be the entity to decide if marijuana is legalized.

At the Law Offices of Adrian H. Altshuler & Associates, we’ve been fighting for the rights of drug crime defendants since 1991. We have a strong track record of success in having illegally seized drug evidence suppressed, obtaining dismissals and acquittals, and negotiating plea agreements to lesser charges. We’ll work aggressively to prove your case. We have Tennessee locations in Franklin, Columbia, and Brentwood. Please call our office at 615-977-9370 or fill out our contact form to make an appointment.