And then there were 11 states and DC in 2018.
Here are the three states that have the best shot at legalizing pot in 2018.
1. Michigan
Michigan voters shouldn't have to wait on the state legislature to act because it looks very likely that a legalization initiative will qualify for the ballot next year. The Michigan Coalition to Regulate Marijuana Like Alcohol has already completed a petition campaign and handed in more than 365,000 raw signatures last month for its legalization initiative. It hasn't officially qualified for the ballot yet, but it only needs 250,000 valid voter signatures to do so, meaning it has a rather substantial cushion.
If the measure makes the ballot, it should win. There is the little matter of actually campaigning to pass the initiative, which should require a million or two dollars for TV ad buys and other get-out-the-vote efforts, but with the Marijuana Policy Project on board and some deep-pocketed local interests as well, the money should be there.
The voters already are there: Polling has shown majority support for legalization for several years now, always trending up, and most recently hitting 58% in a May Marketing Resource Group poll.
2. New Jersey
Outgoing Gov. Chris Christie (R) was a huge obstacle to passage of marijuana legalization, but he's on his way out the door, and his replacement, Gov.-Elect Phil Murphy (D), has vowed to legalize marijuana within 100 days of taking office next month.
Legislators anticipating Christie's exit filed legalization bills earlier this year, Senate Bill 3195 and companion measure Assembly Bill 4872. State Senate President Stephen Sweeney (D) has also made promises, vowing to pass the bill within the first three months of the Murphy administration, and hearings are set for both houses between January and March.
But it's not a done deal. There is some opposition in the legislature, and marijuana legalization foes will certainly mobilize to defeat it at the statehouse. It will also be the first time the legislature seriously considers legalization. Still, legalization has some key political players backing it. Other legislators might want to listen to their constituents: A September Quinnipiac poll had support for legalization at 59%.
3. Vermont
A marijuana legalization bill actually passed the legislature last year—a national first—only to be vetoed by Gov. Phil Scott (D) over concerns around drugged driving and youth use. Legislators then amended the bill to assuage Scott's concerns and managed to get the amended bill through the Senate, only to see House Republicans refuse to let it come to a vote during the truncated summer session.
But that measure, House Bill 511, will still be alive in the second year of the biennial session, and Gov. Scott has said he is still willing to sign the bill. House Speaker Mitzi Johnson (D) is also on board, and the rump Republicans won't be able to block action next year.
Johnson said she will be ready for a vote in early January and expects the bill to pass then. Vermont would then become the first state to free the weed through the legislative process.
There are other states where legalization is getting serious attention, such as Connecticut, Delaware and Rhode Island, but they all have governors who are not interested in going down that path, and that means a successful legalization bill faces the higher hurdle of winning with veto-proof majorities. Similarly, there are other states where legalization initiatives are afoot, such as Arizona, North Dakota and Ohio, but none of those have even completed signature gathering, and all would face an uphill fight. Still, we could be pleasantly surprised.
Phillip Smith is editor of the AlterNet Drug Reporter and author of the Drug War Chronicle.
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