Marijuana legalization hits roadblocks after years of expansion
A recreational marijuana user smokes weed in the Bushwick section of the Brooklyn borough of New York City. This year, marijuana advocates are playing defense in multiple state legislatures. ()
As every state surrounding Idaho legalized marijuana, state Rep. Bruce Skaug started to view it as inevitable that the Gem State would follow suit.
Not anymore.
Skaug, a Republican, supported two bills this legislative session taking aim at marijuana use: one to impose a mandatory minimum $300 fine for possession and another that would take away the right of voters to legalize pot at the ballot box.
He believes other states are starting to regret liberalizing marijuana use, because of potential health concerns and lackluster revenues from marijuana sales.
'Looking around at other states that have legalized marijuana, it's not improved their states as a place to raise a family, to do business,' he said. 'It just hasn't come through with the promises that we heard years ago for those states.'
Idaho's not alone. After years of expanding legal access, lawmakers in several states this year have targeted marijuana in various ways.
To help close budget gaps, officials in Maryland, Michigan and New Jersey have proposed raising marijuana taxes. Health concerns have pushed lawmakers in states including Colorado and Montana to attempt to cap the level of tetrahydrocannabinol, or THC, the primary psychoactive component in cannabis, in marijuana products sold at dispensaries. And some lawmakers have even tried to roll back voter-approved medical marijuana programs.
Looking around at other states that have legalized marijuana, it's not improved their states.
– Idaho Republican state Rep. Bruce Skaug
'This year in particular, we're playing defense a lot more than we have in the past,' said Morgan Fox, political director at the advocacy group National Organization for the Reform of Marijuana Laws, or NORML.
To some extent, he said, the pendulum on marijuana liberalization is swinging back. But Fox said recent legislative efforts are not indicative of waning public support for legalization. He said prohibitionist politicians have been emboldened to act against the will of voters.
Polling from the Pew Research Center has found little change in support for legalization in recent years: 57% of U.S. adults say that marijuana should be legal for medical and recreational purposes.
Colorado and Washington state began allowing recreational marijuana sales in 2014. Today, 24 states and the District of Columbia allow recreational sales, and 39 states and the district have sanctioned medical marijuana.
'There's been this air of inevitability for a while,' said Daniel Mallinson, an associate professor of public policy at Penn State Harrisburg who researches marijuana legalization.
With medical marijuana programs operational in most states, Mallinson said there is pressure to expand recreational marijuana, especially given uncertainty over whether the federal government will act on the issue.
'Recreational is still in its takeoff period,' he said.
But he acknowledged that new medical research has raised concerns among some lawmakers. One study published in January found a link between heavy marijuana use and memory function. Other studies have found a higher risk of heart attacks among people who use cannabis.
Mallinson said the research on marijuana is 'very young,' as many institutions are wary of conducting clinical trials because of federal drug laws. The federal government classifies marijuana as a Schedule I drug — the same classification as drugs such as heroin and ecstasy.
'There's a mixture of science and politics in this area,' he said. ' … I could imagine seeing in these really conservative states like Idaho, you know, this kind of a backlash, like, we don't want this here at all, so we're going to try to put up barriers to even considering it.'
In Idaho, Skaug said he pursued the state's new mandatory $300 fine for marijuana possession to bring more consistency to how the state handles marijuana cases.
While Idaho law previously allowed fines of up to $1,000, he said judges had issued fines as low as $2.50.
Pot smell and safety concerns ignite disputes over public smoking
'So that wasn't the right message. That's not even worth the time to write the ticket,' he said. 'So it's not that we're going to arrest more people for misdemeanor possession of marijuana, but there will be more citations in the amount of $300.'
Skaug also backed a proposed constitutional amendment that would give only the legislature the power to legalize marijuana and other drugs. That question will go to voters next year.
Skaug said he's worried outside groups would influence a public vote to legalize marijuana by pouring millions into a ballot initiative campaign. If the amendment he supports passes, it wouldn't ban pot — it would leave legalization up to lawmakers.
'If the evidence comes back that says marijuana or some other drug is positive in the medical community and a good thing, then the legislature can legalize that,' he said. 'But we're going to leave it with the legislature.'
Advocates have been trying without success to get enough signatures to put a medical marijuana question on the ballot for more than a decade in Idaho, said Democratic state Rep. Ilana Rubel. The House minority leader, Rubel said she hit 'a firm brick wall' in pitching medical marijuana legislation in Boise, where GOP lawmakers privately tell her they don't want to look soft on crime.
She views the proposed amendment as another example of the GOP-controlled statehouse being out of touch with regular Idahoans. She said the state's closed Republican primaries have led to more conservative stances from lawmakers.
'I think this is one of those issues where there is just a huge, huge gap between what the people of Idaho want and what they're going to get from their legislature,' she said.
A 2022 poll commissioned by the Idaho Statesman found that nearly 70% of Idahoans supported legalizing medical marijuana.
But even discussions about medical marijuana are shut down in Idaho because of concerns about problems with drugs in liberal cities such as Portland, Oregon, and Seattle, Rubel said.
'A very large number of red states have legalized medical marijuana, and they haven't seen any of the parade of horribles that has been presented whenever we introduce this idea,' she said. 'There's just a lot of hysteria and paranoia about where this is going to lead that is really not tied to reality.'
In several states, lawmakers have aimed to restrict the potency of marijuana products.
Montana state Sen. Greg Hertz, a Republican, said he doesn't want to end recreational marijuana sales, which voters approved in 2020. But he said today's products are much stronger than people may realize.
Drug decriminalization stumbled in Oregon. Other states are taking note.
'People were voting for Woodstock weed, not this new high-THC marijuana,' he said.
A bill he sponsored this year would have banned sales of recreational marijuana products, including flower and edibles, exceeding THC levels of 15%. Montana currently allows up to 35% THC in flower, with no limit on other products.
That legislation stalled, but Hertz said he plans to pitch a similar measure during Montana's next legislative session in 2027.
A separate bill reducing the state's dosage of THC for edibles just passed the legislature last week. The measure, which now heads to Republican Gov. Greg Gianforte, would change the individual dosage limit on edibles such as gummies from 10 milligrams to 5 milligrams.
Hertz said the state rushed into its liberalization of marijuana without fully understanding the consequences.
He pointed to state health department data showing rising emergency room visits related to marijuana and dozens of cannabis poisoning cases in recent years — including 36 involving children 10 years or younger.
'We probably opened up the barn door too wide,' he said. 'I'm just trying to slow this down a little bit.'
With many states facing gaping budget holes this year, marijuana has proven a popular target from Democrats and Republicans looking to raise revenues without across-the-board tax increases.
Maryland Democratic Gov. Wes Moore in January proposed hiking the cannabis tax from 9% to 15% to help close the state's $3 billion budget hole. In March, lawmakers agreed to a budget framework that would raise the state marijuana tax to 12%.
Ohio Republican Gov. Mike DeWine proposed doubling marijuana taxes from 10% to 20% — a notion that has so far faced opposition in the legislature.
The Colorado psychedelic mushroom experiment has arrived
In Michigan, Democratic Gov. Gretchen Whitmer proposed a new 32% wholesale tax on marijuana growers to help fund road improvements. That tax would be on top of the 10% excise tax on recreational marijuana and the state's 6% sales tax.
Whitmer said it would close a loophole that has exempted the marijuana industry from wholesale tax, which is applied to cigarettes and other tobacco products. Michigan lawmakers, split sharply along partisan lines, have until Sept. 30 to approve a state budget.
Lawmakers in some states have even taken aim at voter-approved medical marijuana programs this year.
In South Dakota, a bill that failed in committee would have gutted the medical marijuana program overwhelmingly approved by voters in 2020.
In November, Nebraska voters widely supported ballot measures to roll out a medical marijuana program — winning majority support in each of the state's 49 legislative districts.
But setting up the regulatory scheme has proven controversial, the Nebraska Examiner reported. Lawmakers are pursuing legislation that would define which medical conditions and forms of cannabis would qualify.
Medical marijuana advocates say overly strict rules would hamper the program and undermine the will of voters. But some legislators insist on limitations to prevent widespread access to marijuana.
'We make it legal for anything and everything, it's essentially recreational marijuana at that point,' state Sen. Rick Holdcroft, a Republican, told the Nebraska Examiner this month.
Stateline reporter Kevin Hardy can be reached at khardy@stateline.org.
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
10 minutes ago
- Yahoo
Lisa Field declares victory in Taunton state rep race — Larry Quintal calls for recount
TAUNTON — With a razor-thin lead of 21 votes, Democrat Lisa Field claimed victory in her state representative race against Republican Larry Quintal at approximately 9 p.m. on election night on Tuesday — but Quintal has not conceded and said he will be seeking a recount. "The good news is that we won," Field said at her post-election party at the Ward 5 Club in Taunton. "It was only by 21 votes so it was within the margin of error." Larry Quintal will not be conceding the race, he told the Gazette, and will instead be seeking a recount. Voters from Taunton and Easton turned out at the polls on June 10 for a special election to choose who would replace former 3rd Bristol District State Representative, Carol Doherty. Doherty, a Taunton Democrat, was 82 when she died on Feb. 15 this year from pancreatic cancer. According to unofficial election results from Easton, Field won 1,032 votes while Quintal won 958 votes, giving Field a 74 point lead in Easton. Lisa Field won 1,542 votes in Taunton, while Larry Quintal won 1,595 votes, giving Quintal a 53 point lead in Taunton, according to unofficial results from the City's website. That was not enough to overcome Field's lead of 74 votes in Easton, making for a combined lead of 21 votes for Field. "I appreciate everything that everyone did," Field said, thanking her supporters at her victory speech at the Ward 5 Club. "It was thousands and thousands of doors that we knocked," she added. 3rd Bristol District, consists of parts of Taunton and parts of Easton. Specifically, the district consists of Precincts 4A, 5, and 6 in the south-west part of Easton, and Ward 1 Precincts A, B, Ward 2, Ward 5, Ward 7 and Ward 8 in the west side of Taunton. Quintal, a Republican, is a Taunton City Councilor and is co-owner/funeral director at Silva Funeral Home on Broadway in Taunton. Quintal won his first term on City Council in November 2021 and his second term in November 2023. He told the Gazette during his State Rep. campaign he believes his profession prepared him for politics. 'Caring for and putting people first,' and 'listening to people' come naturally to him, he said. Quintal also stated he is a small-business owner, not a lobbyist, and has no vested or special interests other than to help his community. On why he decided to run for State Rep., Quintal told the Gazette, 'I'm not doing this for fame and fortune. I feel I have a proven track record on the local level, and I feel I can get more done and help more on the state level." Quintal's campaign priorities have been to increase state aid to his district, improve affordability for residents by decreasing taxes and finding ways to reduce utility bills, and addressing the state's costly housing of migrants by amending the Right-to-Shelter Law. Lisa Field, a Taunton Democrat, comes from a family of union activists and workers, she told the Gazette. She works as associate director for the Massachusetts Nurses Association (MNA). Her role involves advocating for legislation for the MNA on beacon hill. Her position, she said, gives her insight into how the State House works. Field told the Gazette she had been encouraged by her friend, Carol Doherty, to enter state politics, and, upon her death, wanted to "continue her legacy." "I know what families in Taunton and Easton are going through because I've lived it: family and friends struggling with substance use, and the crushing weight of rising costs of living — even losing my home," Field told the Gazette. Her campaign priorities included increasing government transparency, reviewing state education funding, examining the Department of Public Health's enforcement powers, and addressing potential impacts of federal cuts on veterans' services. In June 2020 Doherty won the special election to fill the 3rd Bristol District State Rep. seat that had been vacated by Republican Shaunna O'Connell when she resigned to become mayor of Taunton. Later that year, in November, she won reelection for a full-term. For both those elections Doherty's opponent was Republican Kelly Dooner, who would go on in 2022 to become a City Councilor for Taunton, and eventual State Senator when she won the seat in November 2024. Doherty would win the 3rd Bristol District seat 2 more times before her passing. Before her political career Doherty, a retired educator, worked both as a teacher and guidance counselor at Bennett Elementary School, and then, later on, as director of professional development for the School of Education at Northeastern University for 18 years. She also served two consecutive terms as president of the Massachusetts Teacher Association, as well as five terms on the Taunton School Committee. In April of this year, the Taunton School Committee voted on and approved renaming a building located at 66 Summer St. to the Carol A. Doherty Professional Learning Center. The building will be used by Taunton Public Schools as a professional development center. With additional reporting from Emma Rindlisbacher and Rebecca Hyman This article originally appeared on The Taunton Daily Gazette: Democrat Lisa Field declares victory in Taunton state rep race


USA Today
13 minutes ago
- USA Today
New Jersey Democrat indicted over ICE facility altercation, calls charges 'political intimidation'
New Jersey Democrat indicted over ICE facility altercation, calls charges 'political intimidation' Show Caption Hide Caption Newark mayor Ras Baraka sues over arrest at ICE facility Newark mayor Ras Baraka announced he's suing two federal officials who he allege ordered his arrest at an ICE facility in New Jersey. Rep. LaMonica McIver, D-New Jersey, was indicted on three counts related to a confrontation with law enforcement last month at a Newark immigration detention center. Interim U.S. Attorney Alina Habba announced the indictment on June 10. "While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve," Habba said in a post on X. McIver was visiting the facility along with fellow Democratic Reps. Bonnie Watson Coleman and Rob Menendez. An altercation occurred after officers arrested Newark Mayor Ras Baraka, who attempted to join the trio in their visit. McIver is said to have then "slammed her forearms" into immigration officers, according to the criminal complaint against her. If convicted, she could face up to 17 years in prison for all three counts. Was it an overreaction? Trump deploys thousands of National Guard, Marines to Los Angeles The congresswoman has denied the accusations, saying they are unjustified. 'The facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation,' McIver said in a statement reacting to the indictment. Members of Congress, by law, can visit immigrant detention facilities unannounced. McIver's lawyer, Paul Fishman, who served as U.S. attorney in New Jersey during the Obama administration, said that the "legal process will expose this prosecution for what it truly is — political retaliation against a dedicated public servant who refuses to shy away from her oversight responsibilities." The indictment came the same day voters in New Jersey took to the polls to pick their Democratic and Republican nominees for governor. Baraka, whose arrest sparked McIver's standoff with officers, ran for the Democratic nomination but lost to Rep. Mikie Sherrill. Contributing: Sarah Wire, USA TODAY; Katie Sobko,
Yahoo
14 minutes ago
- Yahoo
New Jersey governor's race is set as Mikie Sherrill and Jack Ciattarelli win their primaries
Democratic Rep. Mikie Sherrill and Republican Jack Ciattarelli have won their parties' primaries for governor in New Jersey, NBC News projects, setting up one of the most closely watched races of the year. New Jersey is one of two states with governor's races this year, and the contest will be an early sign of how voters are responding to President Donald Trump's second term. Sherrill beat out five other Democrats for her party's nod, pitching herself as the most electable candidate — after her party struggled in the state last year compared with other recent presidential elections — and as a Democrat willing to stand up to Trump. She also leaned heavily on her background as a former Navy helicopter pilot and on criticism of Trump. "It's going to take a strong voice to cut through the noise from Washington and deliver for the people. So I stand here tonight doing just that. And as a mom of four teenagers, you guys know I'm not going to put up with the incompetent, whiny nonsense coming from aggrieved MAGA Republicans,' Sherrill told her supporters Tuesday at a victory rally. 'You probably can't do better than to quote George Washington at this moment: Fix the bayonets, I'm resolved to take Trenton,' Sherrill added. Ciattarelli, who had Trump's endorsement in the primary, defeated four other Republicans for the nomination in which he also appealed to voters' desire for electability, casting himself as the Trump ally best positioned to win the Democratic-leaning state in November. Ciattarelli came close in 2021 to defeating Democratic Gov. Phil Murphy, who cannot run for re-election because of term limits. And during his victory speech, he panned Sherrill as "Phil Murphy 2.0" and pitched a vision for an inclusive GOP that would buck years of Democratic control in the state. "We made a strong statement about what the New Jersey Republican Party stands for: A party open to anyone and everyone who is willing to work hard and play by the rules; a party of Jersey values and common sense policies; a party that believes our best days are ahead of us if, if we have the courage to think big and act boldly," Ciattarelli said. The Democratic primary featured Sherrill and five other prominent Democrats, including Newark Mayor Ras Baraka, Jersey City Mayor Steve Fulop, Rep. Josh Gottheimer, teachers union president Sean Spiller and former state Senate President Steve Sweeney. While Sherrill, the only woman in the field, was a persistent leader in limited public polling, victory was far from certain as millions of dollars flooded the New Jersey airwaves. Sherrill was winning more than one-third support with most of the expected Democratic vote tallied, holding a double-digit lead over Fulop, the next-closest Democrat. Sherrill showed early signs of strength in crucial Essex County, which is home to the most registered Democrats. The Essex County Democrats endorsed her, but the county also includes Newark, which Baraka leads. Sherrill won around 43% of the mail-in vote, followed by Baraka at 24%, Fulop at 17%, Gottheimer at 10%, Spiller at 5% and Sweeney at 1%. Sherrill proved to be a strong fundraiser, and she did have help from an aligned outside group, One Giant Leap PAC, which launched ads boosting her in the final weeks of the race. Sherrill also racked up support from the most county Democratic parties, prompting some critics to tie her to the state's Democratic political machine. Sherrill touted her military service and her success flipping a longtime Republican House district in 2018 as she made her case to primary voters. While each of the candidates presented a different path forward for the party, Sherrill said the 'obvious' path is to 'effectively govern.' 'Ruthless competence is what people in New Jersey want to see in government,' Sherrill told NBC News before she marched in the Asbury Park Pride parade. 'And that's what I've always provided, and that's what I think stands in stark contrast to the most incompetent federal government we've probably ever seen in this nation.' Ciattarelli leaned on his endorsement from Trump in the final weeks of the race, in which he faced former radio host Bill Spadea, state Sen. Jon Bramnick, former Englewood Cliffs Mayor Mario Kranjac and contractor Justin Barbera. Ciattarelli trounced his opponents, winning more than two-thirds support with most of the expected vote in. Spadea was in a distant second at 22%, followed by Bramnick, Kranjac and Barbera in single digits. Trump hosted a tele-rally as early voting kicked off this month, telling supporters that Ciattarelli is 'going to help us with a win this November and send a powerful message to the entire country that New Jersey is turning red.' But Ciattarelli did have to overcome attacks from Spadea, his chief competitor in the primary, who highlighted Ciattarelli's past criticisms of the president as proof he was not sufficiently pro-Trump. Trump ultimately backed Ciattarelli about a month before the primary, writing on Truth Social that Ciattarelli is now '100%' MAGA and is best positioned to win in November. Both Ciattarelli and Sherrill have already previewed the general election fight, sparring on social media over Trump's sweeping domestic policy bill and his recent decision to federalize California National Guard troops despite Democratic Gov. Gavin Newsom's objections. Sherrill has tied Ciattarelli directly to Trump, who lost the state by 6 points in November after he lost it by 16 in 2020. Sherrill's recent TV ad warns, 'MAGA's coming for New Jersey with Trump-endorsed Republican Jack Ciattarelli,' and she said at a primary debate last month that Ciattarelli is 'not going to stand up to Trump on anything.' It remains to be seen whether Ciattarelli will put some distance between him and Trump in the Democratic-leaning state, but he has said he would campaign with Trump this year. Ciattarelli has also previewed how he might push back against Democrats who try to tie him to Trump, often noting that the next governor must address four crises facing the state: affordability, public safety, education and overdevelopment. 'Last time I checked, this was a race for governor,' Ciattarelli said at a recent campaign stop. 'And so what is it that President Trump has to do with those windmills of our Jersey Shore? What does he have to do with the fact that we have the highest property tax in the nation? What does he have to do with the failure of our public school system, which just slipped from two to 12 on the national report card? What does he have to do with the overdevelopment of our suburbs?' 'They broke it, they own it,' Ciattarelli said of Democrats in charge of the state government. 'And we're not going to let anybody forget it over the next five months.' This article was originally published on