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2018 Cannabis-Friendly Mid-Term Election Results


Photo by Element5 Digital on Unsplash

Colorado went green – again.

Although medical and recreational marijuana have been legal in Colorado for years, voters once again proved that they’d like to see more strides in the marijuana industry. Here’s the run down of what went down in the 2018 mid-term election:

Colorado Elected a Pro-Pot Governor

Democrat, Jared Polis won the gubernatorial election by a margin of nearly 10% – which is good news for the cannabis industry. 

The Colorado Governor appoints the head of the Marijuana Enforcement Division (MED) and its parent agency the Department of Revenue. In addition, the Governor has final say on bills passed by the Legislature. ¹

Polis has been clear about his marijuana policies from the get-go. In fact, he was one of the early supporters who endorsed marijuana legalization and helped Amendment 64 pass in 2012. Having a governor in office who supports the development of the cannabis industry will help it grow here in Colorado, and serve as an example for other states. Not only has he publicly spoken out about his support, but Polis also has a track record of supporting the decriminalization of marijuana.

He has been a staunch supporter of regulating marijuana like alcohol and wrote a bill to end federal marijuana prohibition. He also helped enact an amendment in 2014 which blocks the DEA from interfering in states’ medical marijuana law enforcement. In the last two years, Polis has worked with Ed Perlmutter to introduce the SAFE Banking Act, which would give Colorado marijuana businesses access to much-needed banking services. Polis has also been integral in fighting for the hemp industry.

Amendment X Revitalizes Colorado Industrial Hemp


Amendment X, which takes Colorado’s definition of hemp out of the state constitution, firmly passed with 60% of the vote. This change will allow the Colorado Legislature to increase the .3% THC limit on hemp. ¹

This definition change to the Colorado constitution, while seemingly small, has a big impact on the hemp industry. It allows Colorado hemp businesses to remain competitive, especially as more states legalize industrial hemp. Hemp has a long history of use in textiles, but we’ve discovered thousands of uses for this versatile plant, from household items to beauty products and construction materials to food

With so many uses for hemp, of course the industry is booming! With a supportive governor in office and a way to keep the definition of hemp in step with the federal government and other states, we’re one step closer to fully and federally legalizing industrial hemp and its derivatives like CBD.

2018 Marijuana Legalizations Nationwide

Colorado wasn’t the only state that went green. While several parts of the U.S. voted in pro-cannabis representatives, senators, and governors, this election also brought in new legalizations as well.

Michigan

The passing of Proposal 1 in Michigan legalizes recreational use and possession of marijuana for adults aged 21 years and over. This stride comes exactly one decade after legalizing medical marijuana use, becoming the 11th state to go recreational.

Missouri

A 66% majority passed Amendment 2, which legalizes the medical use of marijuana. On the ballot were several amendments to determine the sales tax of marijuana ranging from 2-15%; voters settled on taxing its sales at 4 percent.

Utah

It was a close vote, but Utah passed Proposition 2, effectively legalizing the medical use of marijuana for individuals with qualifying medical illnesses, such as HIV/AIDS, cancer, chronic pain, and multiple sclerosis. Curious how these changes will affect your marijuana business? Schedule a consultation now to find out before they go into effect.

 
 
 

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After serving in-house, Brian moved into consulting, where he helped develop one of the nation’s first industry-specific liability insurance policies for a nationwide carrier. He later advised clients on competitive licensing applications and regulatory strategy across multiple jurisdictions, counseling on legislative, regulatory, and public policy matters. Brian joined RZA Legal in 2020, where he represents Colorado businesses and property owners throughout the full lifecycle of their operations and investments. His practice includes real estate acquisitions and dispositions, commercial leasing, land use and zoning matters, entity structuring and financing, contract negotiation, regulatory compliance, employment matters, and state and local government representation. He regularly works with mountain community clients navigating complex local regulations affecting development, use, and operation of real property. Brian also assists municipalities with drafting and revising ordinances governing regulated business activity, balancing operational realities, community priorities, and legal risk. Brian is active in legal scholarship and education. He has published in the University of Virginia Journal of Social Policy & the Law and the Pepperdine Law Review, written on regulatory reform for the Cannabis Industry Journal, and previously served as an adjunct professor of law at the University of Wyoming. Before practicing in Colorado, Brian worked in New York City in private practice and clerked for a judge on the U.S. Court of International Trade. Brian lives in Grand Lake, Colorado, with his wife and has volunteered as a first responder with Grand County Mountain Rescue and Rocky Mountain National Park Rescue since 2015. Outside of work, he enjoys backcountry skiing, playing old-time rock ’n’ roll, and spending time with family in New Jersey. Brian is licensed to practice law in Colorado, New Jersey, and New York. Optional closing sentence: You don’t have to navigate an evolving regulatory and real estate landscape alone—RZA Legal is prepared to guide you at every stage.

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