Editor’s note: This commentary is by Matt Simon, who is the New England political director of the Marijuana Policy Project.
[O]n Nov. 8, voters in Massachusetts, Maine and three other states will decide the fate of initiatives seeking to legalize and regulate marijuana for adult use. If voters approve all five questions, a total of nine states will have scrapped marijuana prohibition in favor of a legal, regulated cannabis market.
Many Vermonters feel strongly that they should be given a similar opportunity to vote against marijuana prohibition. A poll published by Vermont Public Radio in July found that 56 percent believe a referendum would be “the best process for making the decision” on marijuana legalization. Only 29 percent believed the legislative process would be best.
What some Vermonters may not understand is that Vermont is one of 25 states that doesn’t allow for laws to be changed directly by voters. In fact, the state Constitution would have to be amended before a binding ballot initiative could be considered, and this would be a much more difficult process than legalizing marijuana through the Legislature. As a result, it simply isn’t practical for legalization supporters to dream about circumventing the legislative process. This is especially true given that so many legislators and candidates for office have strongly expressed their support for legalization and regulation.
Although there is not a legalization question on the Vermont general election ballot, voters have many opportunities to vote against prohibition by supporting candidates who support legalization. In the very important race for governor, Democrat Sue Minter has clearly expressed support for ending prohibition, but Republican Phil Scott remains opposed. Similarly, in the race for lieutenant governor, Progressive/Democrat David Zuckerman has long been a champion of marijuana policy reforms, while Republican Randy Brock has a long history of opposing even modest reforms, such as the addition of medical marijuana dispensaries and decriminalization.
To inform voters about the positions of candidates for state Senate and House, the Marijuana Policy Project has published a detailed voter guide for the Vermont election, featuring survey responses, public statements, and incumbents’ voting records. Overall, the outlook for legalization and regulation in 2017 appears strong, especially if Minter and Zuckerman win and if certain candidates prevail in key Senate and House races.
To inform voters about the positions of candidates for state Senate and House, the Marijuana Policy Project has published a detailed voter guide for the Vermont election.
Although many Vermonters despaired after a legalization bill was killed by the House earlier this year, they should be encouraged by recent comments by House leaders, who are anticipating the likelihood that Massachusetts will soon be moving forward with legalization.
In a recent article, House Majority Leader Sarah Copeland-Hanzas, D-Bradford, was quoted saying, “I will push for it this year if the referendum (in Massachusetts) is approved.” And Rep. Maxine Grad, D-Moretown, who chairs the House Judiciary Committee, was quoted saying, “For me it’s not a matter of if. It’s a matter of how and when.”
The Senate already passed a legalization and regulation bill in 2016, so there is little doubt that it would do so again in 2017 if such a bill is first approved by the House. Members of the Joint Legislative Committee on Justice Oversight are currently studying the issue, and this process has helped representatives and senators reach a common understanding on policy questions that divided the two chambers during this year’s session.
As the legislative process churns forward, the biggest question of all remains the governor’s race. If the Massachusetts initiative passes on Nov. 8 and Sue Minter is elected governor, the path will appear to be clear for a very good bill to be passed and signed into law in 2017.
However, if Phil Scott is elected governor, the degree of difficulty will likely be much higher. It may be possible that Scott could be persuaded to sign a legalization and regulation bill in 2017, but many of Scott’s most ardent supporters — including the Vermont Police Association, who endorsed Scott explicitly because of his opposition to legalization — are counting on the fact that Scott would veto such a bill if it reached his desk.
Regardless, it’s clear that Vermont voters who support marijuana legalization and regulation do have a choice to make in this year’s general election. In fact, they have many important choices to make, and their votes will go a long way toward determining the odds for legalization efforts in 2017.
