Marijuana scores big on Election Day, fueling push for wider legalization

by Sam Wood,

Donald Trump wasn’t the only one to emerge triumphant on Tuesday.

Marijuana scored  major victories in eight states, so many that some believe Nov. 8, 2016, will be remembered as the day the nation reached a marijuana tipping point. A key Pennsylvania advocate thinks the commonwealth isn't far from full legalization.

“Nine states, red and blue, voted on measures and we saw legalization prevail overwhelmingly,” said State Sen. Daylin Leach (D., Montgomery), who has introduced a bill to allow recreational use in Pennsylvania. “Tuesday’s results are only going to accelerate nationwide legalization. I think we can expect to see that in about five years.”

Pennsylvania approved medical marijuana in April. Growing operations and dispensaries are expected to open in 2018.

Tuesday, eight initiatives to expand access succeeded despite the federal government’s prohibition on its use.

 “I think Tuesday was, without a doubt, the most successful day the marijuana reform movement has had in its history,” said John Hudak, senior fellow at the Brookings Institution  and author of the recently published Marijuana: A Short History.

Despite the uncertainty that Trump's coming presidency brings to the enforcement of federal drug laws, Patrick Nightingale, a former Allegheny County assistant district attorney,  thinks the momentum will be difficult to stop. Twenty-nine states now allow consumption of marijuana for either recreational or medical use.

“We are getting to a critical mass where complete federal prohibition cannot withstand state reform efforts,” said Nightingale, now an attorney in private practice and executive director of Pittsburgh NORML (National Organization for the Reform of Marijuana Laws).

On Tuesday, California, Massachusetts, Maine, and Nevada fully legalized recreational use of marijuana. Florida, North Dakota, and Arkansas approved the rollout of cannabis for medical purposes; voters in Montana expanded access to it.

"It's part of a continuing trend," said Bridget Hill-Zayat, a Philadelphia attorney and a regional director of the Pennsylvania Medical Cannabis Society. "There’s a lot of money on the table, and the states are looking at collecting millions of dollars in taxes."

Only Arizona rejected its marijuana referendum question.

 California’s vote on Tuesday makes the use and sale of cannabis legal along the entire West Coast. Massachusetts became the first state east of the Mississippi River to legalize it for all adults,  despite bipartisan opposition by top elected officials.

In the states that approved their measures, marijuana was more popular than the presidential candidates. Pro-cannabis votes outnumbered those cast for Trump nearly 2-1. Marijuana garnered 14.5 million, compared with the president-elect’s 8.4 million.

The support could spark similar referendums in other states and put pressure on federal authorities to ease longstanding rules that classify marijuana as a dangerously addictive drug with no medical benefits.

The Obama administration has maintained a hands-off approach to marijuana in the states. In 2013, a Department of Justice memo recommended federal resources should not be used against individual patients.

How the president-elect will act on cannabis has yet to be seen.

“He’s been wishy-washy on marijuana issues,” said Bill Caruso, founder of New Jersey United for Marijuana Reform. But even if a staunch anti-marijuana figure such as Rudy Giuliani is named attorney general, there's no immediate threat to state laws, he said.

 “I’m not sure the federal government would be able to roll much back," Caruso said. "A more likely scenario is the federal government will catch up with the states.”