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Paul Armentano, who works as deputy director at NORML, a nonprofit aimed at advocating for the reform of marijuana laws, recently penned a post for The Hill in which he expressed concerns about a growing trend in which GOP lawmakers in different states have actively taken steps to subvert the wishes of voters with regard to marijuana legalization. Recently, Ohioans made a decisive choice in favor of Issue 2 — a citizen-driven ballot initiative marking a significant step toward legalizing the cultivation, possession and sale of recreational cannabis.
The vote was in line with a broader national trend where, across the United States, a substantial two-thirds majority, spanning Republicans, Democrats and Independents, supports the legalization of marijuana. Notably, of the 24 states that have embraced legalization, more than one-half have done so through direct public votes.
Ahead of the Ohio election, polls conducted by Baldwin Wallace University left little room for uncertainty regarding public sentiment. Issue 2 found strong backing from diverse demographic groups, transcending educational backgrounds, religion, race, age, political affiliations and gender. The widespread support indicated a clear mandate from the people for a change in marijuana policy.
Given this expansive public backing, one might expect elected officials to mirror the enthusiasm for cannabis legalization. However, this is not the case, particularly among GOP politicians. In the lead-up to Ohio’s election, prominent figures such as GOP Governor Mike DeWine and other Republican leaders actively campaigned against the initiative. Moreover, the GOP-led Senate went a step further, passing a resolution condemning the legislation, with the Senate leader expressing intentions to amend certain provisions of the newly approved law that he found objectionable. The flexibility offered by the statutory nature of Issue 2 allows state lawmakers to make legislative changes.
This resistance from GOP officials post-election mirrors patterns observed in other states. In 2020, despite 54% of South Dakotans voting in favor of a constitutional amendment supporting recreational marijuana, GOP Governor Kristi Noem initiated litigation challenging the vote, eventually nullifying the election results. Similarly, in Mississippi, a GOP mayor’s litigation successfully overturned the votes of 74% of state residents who had approved a ballot legislation in 2020 for legal cannabis access.
The trend extends to Florida, where the GOP attorney general seeks to preemptively thwart a proposed marijuana legalization initiative slated for the 2024 ballot. Despite gathering more than a million signatures and enjoying majority support among Florida voters, the fate of the proposal now rests with the state’s Supreme Court.
Regardless of personal views on marijuana legalization, the undemocratic maneuvers employed by some GOP lawmakers should raise concerns. In a well-functioning democracy, elected officials are expected to represent the views of their constituents. However, on the matter of marijuana law reform, GOP lawmakers frequently sidestep or actively undermine the expressed will of the voters. This poses a potential risk, given the increasing bipartisan backing for legalization.
Marijuana industry players such as Tilray Brands Inc. (NASDAQ: TLRY) (TSX: TLRY) are likely to keep an eye on how this form of pushback to cannabis policy reform will pan out over the coming years.
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