Results of Ballot Initiatives that May Surprise You

The ballots have been cast and the voters have decided; here are some initiatives from around the nation with results that may surprise you.

Photo by: Kelly Minars

Photo by: Kelly Minars

Legalization of marijuana

Some feel the legalization of marijuana is an issue that should’ve been resolved on a national level long ago. As it stands however, marijuana laws differ by state.

Marijuana Initiatives

Photo by: Chuck Coker

• Before Tuesday’s polls, medical marijuana was legal in 18 states; that number is currently 22. Now residents of Arkansas, Florida, Montana, and North Dakota who are suffering from medical conditions such as epilepsy, glaucoma, and chronic pain will now be able to use medical marijuana that includes the psychoactive ingredient THC to help treat their symptoms.

• For those who wish to have the plant for leisure use: California, Nevada, and Massachusetts voters have joined with those in other states including Alaska, Colorado, Oregon, Washington (and Washington D.C.) by voting in majority of initiatives that legalize the recreational use of marijuana. Maine could join that list, but currently is 50/50 while they wait for the 2% that haven’t reported yet. 52% of Arizona voters chose to stick with medical marijuana only while Utah didn’t even have marijuana on the ballot; the beehive state currently allows limited medical marijuana only along with 14 other states.

Death penalty

Capital punishment continues to be a sensitive issue. Many believe that those offenders who are found guilty of the most heinous of crimes should be removed from existence while others don’t believe taking a life is ever okay. Three states had initiatives on the ballot regarding the death penalty:

Photo by: Global Panorama

Photo by: Global Panorama

• California voters chose to not only keep the death penalty, but to hasten the time it takes for executions to be carried out.

• Residents in Oklahoma chose to protect the death penalty by amending the state constitution and giving lawmakers the option to choose other methods of execution if needed.

• The people of Nebraska chose to bring back the death penalty after their state legislature voted to abolish it just last year. Nebraska rejoins 30 other states that currently support the death penalty.

• The death penalty was not on the ballot for Utah where it is legal and usually carried out by lethal injection. The firing squad is another option however, with this method being used last in June of 2010 for the capital punishment of Ronnie Gardner.

Gun laws

With the countless incidents around the country where innocent people have lost their lives at the hands of crazed individuals wielding guns, some states chose to add initiatives to the ballots which toughen laws regarding gun control.

Photo by: frankieleon

Photo by: frankieleon

• 63% of California residents voted “yes” on proposition 63 which would require background checks on individuals purchasing any ammo and outlaw the possession of large capacity magazines.

• Residents in Washington State voted to allow judges the right to limit a person’s access to firearms temporarily if a family member or roommate of said person states they are displaying signs of behavioral or mental instability which may lead to a greater chance of them hurting someone including themselves.

• By a very slim margin, Nevada voters chose to require background checks for all sales of firearms.

• Maine was the only state with initiatives regarding gun laws on the ballot that chose not to toughen those laws. 52% of Maine voters chose to allow sales of guns between two parties, even if neither one is a licensed dealer.

• Utah is one of the states with more lenient gun laws and it will likely stay that way a while as nothing was included on the 2016 ballot. Currently Utah does not require background checks for gun purchases, has Castle Doctrine and Stand Your Ground laws, as well as allows open carry without a permit as long as firearms are not loaded.

Other noteworthy initiatives

With hundreds of initiatives on the ballots nationwide, there were a few that caught the attention of residents and media nationwide:

Ballot Initiatives

Photo by: michael_swan

• Minimum wage increase. Arizona, Colorado, Maine, and Washington all had initiatives to increase the minimum wage with Arizona and Washington also including paid sick leave for employees. South Dakota tried to decrease the minimum wage for employees under the age of 18 years old but that initiative was highly rejected.

• Assisted suicide. Colorado joined California, Montana, Oregon, Vermont, and Washington by voting “yes” to allow terminally ill patients of sound mind the right to end their lives by taking lethal drugs prescribed to them by a physician.

• Condoms for porn stars. 54% of California residents voted “no” to requiring actors in porn films to wear condoms during sex scenes. Perhaps the other parts to Proposition 60 that required film producers to obtain a health license and pay for numerous medical necessities of their paid actors is what drove voters to not pass the initiative.

For more information on the initiatives and poll results for the state of Utah, go to electionresults.utah.gov .

Legalized Marijuana is Taxable Marijuana

As neighboring states change their restrictions on marijuana by permitting all uses of the plant, the financial payback of legalized marijuana is becoming apparent as the decriminalized “drug” is now taxable. With medical and now financial benefits recognized, why does marijuana continue to be prohibited in states such as Utah and why was it outlawed in the first place?

Criminalization of “marihuana”

Photo by: Christian Frausto Bernal

Photo by: Christian Frausto Bernal

By the early 1930’s several states had criminalized marijuana due to racial prejudices against Mexico. In 1937 the U.S. as a nation jumped on board outlawing marijuana starting with the Marihuana Tax Act. Although racial prejudice was likely still an issue (note the Mexican spelling “marihuana” was used) it was said to be outlawed nationally for fear that it made people crazy and violent. In the last 80 years it has been determined that deranged tendencies are possible with or without the use of marijuana, yet marijuana use continues to be illegal in many states.

Slow progress for legalized marijuana

Currently, only four states including the nation’s capital permit recreational use of marijuana with 20 more states allowing full use of the plant for medical use only. Other states have either lessened their possession laws or now allow medical use of cannabis extracts as long as they are free of the psychoactive ingredients of the plant. Those remaining states that are hesitant to legalize any marijuana use include Utah where simple possession of marijuana can come with a 6 month stint in jail.

Health risks?

Photo by: ashton

Photo by: ashton

The main excuse used by states for keeping marijuana illegal is because of the temporary high that users can experience from THC, the plant’s psychoactive ingredient. This high can result in:

• Sluggish coordination
• Memory difficulty
• Red eyes
• Elevated heart rate
• Dry mouth
• An increased need to snack

All these effects typically dissipate within a few hours of “getting high”. There are also a few concerns of possible long term health risks associated with marijuana use including:

• Long term cognitive impairment (only when used by teenagers)
• Lung irritations or infections (Similar with inhaling any type of smoke)
• Potential dependency (as with any “feel-good” substance- alcohol and chocolate included)

Health benefits

Contrary to the small handful of health risks, marijuana an array of proven benefits for those suffering with medical conditions such as:

• Seizures and epilepsy
• MS
• Cancer
• HIV and AIDS
• Glaucoma
• Wasting syndrome

Decreased health risks and increased health benefits haven’t been enough to encourage all states to legalize marijuana so far, but what about the possibility for financial gain?

Tobacco and alcohol tax

Photo by: 401kcalculator.org

Photo by: 401kcalculator.org

Tobacco and alcohol are both substances that are known to be harmful and extremely addictive yet are 100% lawful once a person reaches a designated age. One of the main reasons for leniency towards tobacco and alcohol is likely due to the tax revenue they generate. Tobacco products such as cigarettes have an average tax of $1 dollar per pack, resulting in millions of dollars going into each state’s pockets annually. Alcohol taxes also contribute to every state in the sum of additional millions each year. With money in hand, many states including Utah throw a small percentage of the money generated at education and prevention of tobacco and alcohol use yet actually turn a blind eye on the health risks by keeping them legal. When will they do the same for marijuana which has far fewer complications?

Marijuana tax

States that have legalized marijuana have imposed taxes on it, and are already reaping the financial benefits.

• Colorado alone collecting over $130 million in taxes in 2015 from the nearly $1 billion dollars’ worth of marijuana sold.

• Oregon made $3.5 million on marijuana taxes in one month alone.

• Washington State is projected to make nearly $350 million on marijuana taxes annually by 2018.

Utah and other states that continue to criminalize marijuana are not only missing out on a massive taxable opportunity, they are losing money by arresting, prosecuting, and jailing those arrested for simple marijuana charges.

Until then…

Legalized Marijuana

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Money speaks loudly, and it is just a matter of time before the cost of housing inmates for pot charges along with the possible tax revenue from legalized marijuana calls to Utah loud enough for the state’s marijuana laws to be lifted entirely. Until then, small changes are hopefully on the horizon to lessen penalties for simple possession and remove the restrictions for medical marijuana use.

Suspended Driver’s License Following Marijuana Charges

Utah residents can expect to have their driver’s license suspended following a DUI, yet they may be surprised when they lose their license following marijuana charges which were not acquired when behind the wheel.

DUI

Photo by: Nate Steiner

Photo by: Nate Steiner

Anyone who is found guilty for a DUI in Utah which includes driving with any measurable amount of a drug in their system can face anywhere from two days up to six months in jail and have their license suspended for:
• 120 days for individuals 21 years of age or older,
• One year or until age 21 for individuals who are 19 or 20 years old, or
• Until age 21 for individuals under age 19.
A driver’s license may be revoked if there are previous arrests for the same charges.

Utah Controlled Substances Act

A DUI isn’t the only marijuana charge that can end in a driver’s license being suspended. In Utah, cultivating, distributing, or even simple possession of marijuana or drug paraphernalia may result in a driver’s license being suspended for six months. Even a failed attempt to possess marijuana can result in the same suspension.

Safeguard your license after a marijuana charge

License Suspension after Marijuana Charges

Photo by: Kat

Losing a license can make it difficult or nearly impossible for some Utah residents to attend school or make it to they place of employment. Anyone facing marijuana charges should consult with a criminal defense attorney regarding protecting their driving rights. An experienced attorney can help an individual keep their driver’s license whether through helping to prove no fault or through a plea in abeyance, which may end in a fine but no driver’s license suspension.