Will marijuana legalization be on Nov. ballot? Decision due Thursday

LANSING – The state Board of Canvassers will decide on Thursday whether a coalition that’s pushing for the legalization of marijuana for recreational use got enough valid signatures to put the issue before voters in November.

“This is something we’ve been waiting on for a long time. Assuming the Board of Canvassers approves our petition, it’s one milestone. But the ultimate one is in November and that’s what we’re focusing on,” said Josh Hovey, spokesman for the Coalition to Regulate Marijuana like Alcohol, which led the petition drive to get marijuana legalization on the ballot.

The coalition was required to turn in 252,523 valid signatures from registered voters and turned in far more — 365,384 — to ensure it had enough. The Bureau of Elections reported on Monday that the coalition had enough valid signatures to qualify for the November ballot.

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No group came forward to challenge the signatures, so unless the Board of Canvassers overrules the Bureau of Elections or the Legislature decides to take up the issue, it’s headed for the November ballot. On most ballot proposals, the Legislature has three options: vote on the issue and it would automatically become law; put up its own competing ballot proposal or do nothing and the issue proceeds to the ballot.If it gets on the ballot and is passed by voters, Michigan would become the ninth state to legalize cannabis for adult recreational use. The state’s voters approved medical marijuana in 2008 by a 63-37% margin and the Legislature passed bills in 2016 to regulate and tax the industry, which is expected to become a $700-million market once the state begins awarding licenses later this year.

If the experience in other states where marijuana is legal, such as Colorado, where sales in 2017 were $1.5 billion, is any indication, Michigan’s recreational market is expected to easily exceed $1 billion a year.

There have been rumors that the Legislature could take up the marijuana issue, as a way to keep it off the ballot in November because the question is expected to drive an increase in voter turnout, which could hurt Republicans at the ballot box.

Republican political consultant Dennis Darnoi said it’s not necessarily feasible that the Republican-controlled Legislature would take up the issue, but it would be a smart and strategic political move.

“I think it’s one of the issues that will drive turnout,” he said. “And in competitive state House seats, an extra 50 to 100 votes could swing an election.”

But state Sen. Rick Jones, R-Grand Ledge, put the kibosh on that idea.

“There is absolutely no chance that the Senate will take up marijuana legalization for recreational use,” he said. “I’m opposed to it and I think the vast majority of the caucus is opposed. We’ll just leave it up to the voters.”

The issue comes at a time when marijuana is still considered an illegal drug by the federal government, but there have been conflicting signs of how the feds will treat marijuana. Attorney General Jeff Sessions would like tougher enforcement of marijuana laws, but President Donald Trump told U.S. Sen. Cory Gardner, R-Colorado, earlier this month that he won’t go after marijuana businesses and users in states where cannabis is legal.

The Michigan marijuana ballot proposal would:

Legalize the possession and sale of up to 2.5 ounces of marijuana for personal, recreational use.

Tax marijuana sales at a rate of a 10% excise tax at the retail level as well as a 6% sales tax. The estimated revenues from the taxes are at least $100 million.

Split those revenues with 35% going to K-12 education, 35% to roads, 15% to the communities that allow marijuana businesses in their communities and 15% to counties where marijuana business are located.

Allow communities to decide whether they’ll permit marijuana businesses.

Restrict purchases of marijuana for recreational purposes to 2.5 ounces, but an individual could keep up to 10 ounces of marijuana in their homes.

Allow the Department of Licensing and Regulatory Affairs (LARA), and not the politically appointed licensing board that will regulate the medical marijuana side of the issue, to regulate and license marijuana businesses, ranging from growers, transporters, testers and dispensaries.

Set up three classes of marijuana growers: up to 100, 500 and 2,000 plants.

The Board of Canvassers also will decide whether the second time is a charm for a group advocating for a repeal of the state’s prevailing wage law, which requires that employers pay union-scale wages on public construction projects.

Protecting Michigan Taxpayers, the group spearheading the effort and led by the Associated Builders and Contractors of Michigan, tried last year to get enough petition signatures, but it wasn't able to get enough valid signatures from registered voters.

The group got enough this time, according to the Bureau of Elections, which examined a sample of 4,443 signatures from the 382,700 that were turned in. The bureau found 3,139 valid signatures in that sample, which is enough to qualify for the ballot or consideration from the Legislature.

Senate Majority Leader Arlan Meekhof, R-West Olive, has said repealing the prevailing wage has been one of his top priorities. But the issue has never gotten through the Legislature because Gov. Rick Snyder has promised to veto such legislation because of the negative impact it could have on recruiting people for the thousands of vacant skilled trades jobs in the state.

If the Board of Canvassers approves the petition signatures, the Republican-controlled Legislature is expected to take it up and pass it and the prevailing wage law would automatically be repealed because Snyder would not be able to veto it.

That was good news for Jeff Wiggins, president of the group leading the charge to repeal the prevailing wage.

“Finally, the Legislature will be able to repeal this special-interest carve-out, saving millions of tax dollars for hardworking Michigan families and creating jobs,” he said.

The Board of Canvassers meets at 10 a.m. Thursday at the state Capitol.

Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal.