Maryland Question 4, Marijuana Legalization Amendment (2022)

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Maryland Question 4
Flag of Maryland.png
Election date
November 8, 2022
Topic
Marijuana
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature

Maryland Question 4, the Marijuana Legalization Amendment, was on the ballot in Maryland as a legislatively referred constitutional amendment on November 8, 2022.[1][2] The ballot measure was approved.

A "yes" vote supported legalizing marijuana for adults 21 years of age or older beginning in July 2023 and directing the Maryland State Legislature to pass laws for the use, distribution, regulation, and taxation of marijuana.

A "no" vote opposed legalizing marijuana for adults 21 years of age or older beginning in July 2023 and directing the Maryland State Legislature to pass laws for the use, distribution, regulation, and taxation of marijuana.


Election results

Maryland Question 4

Result Votes Percentage

Approved Yes

1,302,161 67.20%
No 635,572 32.80%
Results are officially certified.
Source


Aftermath

House Bill 556 (2023)

During the 2023 legislative session, the Maryland State Legislature passed House Bill 556, the implementing legislation for the amendment. It passed the state Senate with amendments by a vote of 30-12 on April 7, 2023. The state House concurred by a vote of 104-35 on April 8, 2023. HB 556 allows companies that are already licensed to sell medical marijuana to pay a one-time conversion fee based on 2022 sales to gain authorization to sell recreational marijuana. HB 556 set the sales tax on recreational marijuana at 9%. It was signed by Gov. Wes Moore (D) on May 3, 2023.[3]

Overview

What did Question 4 do?

See also: Text of measure

Question 4 amended the Maryland Constitution to add a new article, Article XX, which authorized individuals 21 years of age or older to use and possess marijuana. The added section also authorized the Maryland General Assembly to "provide for the use, distribution, possession, regulation, and taxation of cannabis within the state." During the 2022 legislative session, the state legislature also passed the implementing legislation that took effect once the amendment is adopted.[2]

At the time of the election, marijuana was legal for medicinal use in Maryland under a 2013 law. In April 2014, possession of 10 grams or less of marijuana was decriminalized.[4][5]

How did Question 4 get on the ballot?

See also: Path to the ballot

Question 4 was introduced as House Bill 1 (HB 1) on January 12, 2022, by Delegate Luke Clippinger (D). It was approved in the state House in a vote of 96-34 on February 25, 2022. All but one Republican voted against the measure. On April 1, 2022, the state Senate voted to pass the measure with amendments by a vote of 29-17. Two Democrats, Sens. Joanne Benson and Jill Carter, voted with the Republican minority against the bill. On the same day, the state House voted to concur with the amendment by a vote of 94-39. Two Democrats, Delegates Debra Davis and Geraldine Valentino-Smith, joined the Republican minority in voting against the bill. One Republican, Delegate Carl Anderton Jr., voted in favor of the bill.[1]

This was the second time a state legislature referred a constitutional amendment proposing marijuana legalization to voters. In 2020, the New Jersey State Legislature voted to refer an amendment to voters, who approved the measure.

What is the status of recreational marijuana in the United States?

See also: Background

Going into the election, 19 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.[6][7][8]

  • In 11 states and D.C., the ballot initiative process was used to legalize marijuana.
  • In one state, the legislature referred a measure to the ballot for voter approval.
  • In seven states, bills to legalize marijuana were enacted into law.

Marijuana legalization measures were on the 2022 ballot in Arkansas, Maryland, Missouri, North Dakota, and South Dakota. The measures were approved in Maryland and Missouri and were defeated in Arkansas, North Dakota, and South Dakota.

Text of measure

Ballot title

The ballot title was as follows:[2]

“ Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1, 2023, in the State of Maryland?

[ ] For the constitutional amendment

[ ] Against the constitutional amendment[9]

”

Constitutional changes

See also: Maryland Constitution

Question 4 added a new article, Article XX, to the Maryland Constitution. The following underlined text was added:[2]

Article XX – Cannabis

1. (A) Subject to Subsection (B) of this section, on or after July 1, 2023, an individual in the state who is at least 21 years old may use and possess cannabis.

(B) The General Assembly shall, by law, provide for the use, distribution, possession, regulation, and taxation of cannabis within the state.[9]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 14, and the FRE is 49. The word count for the ballot title is 29.


Support

Yes on 4 Maryland 2022.jpeg

Yes on 4 led the campaign in support of Question 4.[10]

Supporters

Officials

Organizations

  • Marijuana Policy Project

Arguments

  • Olivia Naugle, a legislative analyst with the Marijuana Policy Project: "Marylanders have long awaited a new approach to cannabis policy and the passage of these bills is a promising step forward. We applaud the legislature for taking decisive action this session to finally end the era of cannabis prohibition, a policy that is both long overdue and supported by a majority of constituents. We look forward to working with Maryland legislators on this issue moving forward."
  • State Del. Luke Clippinger (D): "The Legislature is focused to get this right and we have more work to do — but this is a huge step forward on our journey to legalize cannabis in Maryland."
  • Eugene Monroe, Yes on 4 chairman: "Legalizing cannabis would stimulate Maryland’s economy and create tens of thousands of good-paying jobs, while allowing Maryland residents to benefit from vital investments in education, public health, and public safety funded by cannabis taxes."


Opposition

Protect Maryland Kids led the campaign in opposition to Question 4.[11]

Opponents

Organizations

Arguments

  • State Sen. J. B. Jennings (R): "I just don’t think it should be in the constitution."
  • Heidi Rochon, executive director for the Parent Action Network: "My family member never smoked pot. Within six months, used it every single day. This is creating an addiction…and we haven’t even opened the market here in Maryland."


Campaign finance

See also: Campaign finance requirements for Maryland ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through November 22, 2022.


Ballotpedia identified two committees in support of Question 4: MD Can '22, Inc. and Legalize Maryland 2022. MD Can '22, Inc. reported $428,848.87 in contributions, and Legalize Maryland 2022 had not reported any contributions. One committee—Protect Maryland's Kids—registered in opposition to Question 4. It reported $5,500 in in-kind contributions.[12] 

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Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $372,437.06 $56,411.81 $428,848.87 $368,452.28 $424,864.09
Oppose $0.00 $5,500.00 $5,500.00 $0.00 $5,500.00

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[12] 

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Committees in support of Question 4
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
MD Can '22, Inc. $372,437.06 $56,411.81 $428,848.87 $368,452.28 $424,864.09
Legalize Maryland 2022 $0.00 $0.00 $0.00 $0.00 $0.00
Total $372,437.06 $56,411.81 $428,848.87 $368,452.28 $424,864.09

Donors

The following were the top donors who contributed to the support committees.[12]

Donor Cash Contributions In-Kind Contributions Total Contributions
Scotts Miracle-Gro Company $100,000.00 $0.00 $100,000.00
Curio Wellness $67,382.06 $15,800.00 $83,182.06
Trulieve Medical Cannabis Dispensary $50,000.00 $1,361.81 $51,361.81
SunMed Growers $50,000.00 $0.00 $50,000.00
Green Thumb Industries $25,000.00 $0.00 $25,000.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the measure.[12] 

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Committees in support of Question 4
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Protect Maryland's Kids $0.00 $5,500.00 $5,500.00 $0.00 $5,500.00
Total $0.00 $5,500.00 $5,500.00 $0.00 $5,500.00

Donors

The following were the top donors who contributed to the opposition committee.[12]

Donor Cash Contributions In-Kind Contributions Total Contributions
Protect Our Kids $0.00 $5,500.00 $5,500.00

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the measure.

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at [email protected].

Support

  • The Baltimore Sun Editorial Board: "For all the attention given to the candidates for state and local offices, the most consequential decision on the ballot in Maryland this fall may be about the future of marijuana. By voting “for” statewide ballot Question 4 — as we strongly recommend — voters will give final approval to a constitutional amendment that will legalize cannabis use by adults age 21 and older, beginning in July of next year."

Opposition

You can share campaign information or arguments, along with source links for this information, at [email protected]


Polls

See also: 2022 ballot measure polls
Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at [email protected].
Maryland Question 4, Marijuana Legalization Amendment (2022)
Poll
Dates
Sample size
Margin of error
Support
Oppose
Undecided
Washington Post-University of Maryland 9/22/2022-9/27/2022 810 RV ± 4.0% 73% 23% 4%
Question: "Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1, 2023, in the state of Maryland?"
Goucher College Poll 9/8/2022-9/12/2022 748 LV ± 3.6% 59% 34% 7%
Question: "Along with the various statewide and local races, a referendum on whether to legalize recreational marijuana for individuals aged 21 and older will appear on the ballot this November. Will you [vote for or vote against] the legalization of recreational marijuana?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

House Bill 837

On April 1, 2022, the state legislature sent implementing legislation that was contingent upon the approval of the amendment to Governor Larry Hogan's (R) desk. House Bill 837 (HB 837) was passed by the state House on February 25, 2022, by a vote of 92-37. The Senate passed an amended version on March 31, 2022, by a vote of 30-15. The House concurred on April 1, with a vote of 89-41. Governor Hogan decided not to sign or veto the bill, allowing it to take effect upon approval of the amendment.

HB 837 was designed to temporarily expand decriminalization from January 1 to June 30, 2023. It decriminalized the possession and use of up to 1.5 ounces of marijuana with a civil fine of up to $100. Previously, the decriminalized amount was 10 grams. It also reduced the penalty for possession of more than 1.5 ounces but not exceeding 2.5 ounces to a civil fine of up to $250.

Beginning July 1, 2023, HB 837 legalized the personal use and possession of up to 1.5 ounces or 12 grams of concentrated cannabis for individuals 21 years of age or older. It also legalized the possession of up to two cannabis plants. It changed the criminal penalties for persons found possessing cannabis under the age of 21. The bill also automatically expunged convictions for conduct that was made legal under the law, and individuals serving time for such offenses became allowed to file for resentencing.

The bill required specific studies on the use of cannabis, the medical cannabis industry, and the adult-use cannabis industry. It also established the Cannabis Business Assistance Fund and the Cannabis Public Health Fund.[13]

The bill did not set up a licensing and regulatory framework for marijuana sales.[14]

Recreational marijuana in the U.S.

See also: Marijuana laws and ballot measures in the United States

As of October 2022, 19 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.[15][16][17][18]

  • In 11 states and D.C., the ballot initiative process was used to legalize marijuana.
  • In one state, the legislature referred a measure to the ballot for voter approval.
  • In seven states, bills to legalize marijuana were enacted into law.

The following table provides information about when and how recreational marijuana became legal.

Timeline and process of recreational marijuana legalization
State Year legalized Process used Votes on ballot measures
For Against
Colorado 2012 Initiative 55.32% 45.68%
Washington 2012 Initiative 55.70% 44.30%
Alaska 2014 Initiative 53.23% 46.77%
Oregon 2014 Initiative 56.11% 43.89%
Washington, D.C. 2014 Initiative 70.06% 29.94%
California 2016 Initiative 57.13% 42.87%
Maine 2016 Initiative 50.26% 49.74%
Massachusetts 2016 Initiative 53.66% 46.34%
Nevada 2016 Initiative 54.47% 45.53%
Michigan 2018 Initiative 55.89% 44.11%
Vermont 2018 Legislation N/A N/A
Illinois 2019 Legislation N/A N/A
Arizona 2020 Initiative 60.03% 39.97%
Montana 2020 Initiative 56.90% 43.10%
New Jersey 2020 Referral 67.08% 32.92%
New York 2021 Legislation N/A N/A
Virginia 2021 Legislation N/A N/A
New Mexico 2021 Legislation N/A N/A
Connecticut 2021 Legislation N/A N/A
Rhode Island 2022 Legislation N/A N/A

State political context of legalization ballot measures

The following table summarizes the political context surrounding recreational marijuana ballot measures, including whether the state's presidential voting history in the preceding three elections was Democratic, mixed, or Republican.

  • Among states with Democratic presidential voting histories, eight marijuana legalization ballot measures were approved and one was defeated.
  • Among states with Republican presidential voting histories, four marijuana legalization ballot measures were approved and six were defeated.
  • Among states with mixed presidential voting histories, three marijuana legalization ballot measures were approved and one was defeated.

Partisan control of the 15 states approving marijuana legalization measures was Democratic in four states, divided in five states, and Republican in six states. Partisan control of the eight states rejecting marijuana legalization measures was Democratic in one state, mixed in one state, and Republican in six states.

Click "Show" to expand the table.

Divided government in Maryland

See also: State government trifectas

In 2022, Maryland had a divided government where Democrats controlled the Maryland General Assembly and a Republican, Larry Hogan, served as governor. The governor's signature was not needed to place the amendment on the ballot. Gov. Hogan chose to let HB 837, the implementing legislation, take effect without his signature. Democrats have controlled the state legislature since 1992, but Maryland became a divided government in 2015 with the election of Gov. Hogan.

Comparison of ballot measures to legalize recreational marijuana

The following table compares a selection of ballot measure provisions, such as possession limits, local control, taxes, and revenue dedications.

Click "Show" to expand the table.

Path to the ballot

See also: Amending the Maryland Constitution

To put a legislatively referred constitutional amendment before voters, a 60% vote is required in both the Maryland State Senate and the Maryland House of Representatives.

Question 4 was introduced as House Bill 1 (HB 1) on January 12, 2022, by Delegate Luke Clippinger (D). It was approved in the state House in a vote of 96-34 on February 25, 2022. All but one Republican voted against the measure. On April 1, 2022, the state Senate voted to pass the measure with amendments by a vote of 29-17. Two Democrats, Sens. Joanne Benson and Jill Carter, voted with the Republican minority against the bill. On the same day, the state House voted to concur with the amendment by a vote of 94-39. Two Democrats, Delegates Debra Davis and Geraldine Valentino-Smith, joined the Republican minority in voting against the bill. One Republican, Delegate Carl Anderton Jr., voted in favor of the bill.[1]

Vote in the Maryland State Senate
April 1, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 29  Approveda
YesNoNot voting
Total29171
Total percent61.7%36.2%2.1%
Democrat2921
Republican0150
Vote in the Maryland House of Representatives
April 1, 2022
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 85  Approveda
YesNoNot voting
Total94398
Total percent66.7%27.6%5.7%
Democrat9324
Republican1374

How to cast a vote

See also: Voting in Maryland

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Maryland.

See also

External links

Support

Opposition

Submit links to [email protected].

Footnotes

  1. ↑ 1.0 1.1 1.2 Maryland State Legislature, "Overview of HB 1," accessed February 28, 2022
  2. ↑ 2.0 2.1 2.2 2.3 Maryland State Legislature, "House Bill 1 text," accessed February 28, 2022
  3. ↑ Maryland State Legislature, "House Bill 556," accessed April 10, 2023
  4. ↑ NORML, "Maryland Laws and Penalties," accessed April 12, 2022
  5. ↑ Procon.org, "Maryland Medical Marijuana Laws Prior to Legalization," June 15, 2016
  6. ↑ Smart Approaches to Marijuana, "MJ Laws Map," accessed June 15, 2022
  7. ↑ Marijuana Policy Project, "Map of state marijuana laws," accessed June 15, 2022
  8. ↑ This number does not include South Dakota, where voters approved a marijuana legalization initiative in 2020 that was later struck down by the state's supreme court
  9. ↑ 9.0 9.1 9.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  10. ↑ Leaf Magazines, "Yes On 4 Legalization Campaign Kicks Off In Maryland," accessed September 12, 2022
  11. ↑ Protect Maryland Kids, "Home," accessed October 21, 2022
  12. ↑ 12.0 12.1 12.2 12.3 12.4 Maryland Campaign Finance, "Search," accessed August 30, 2022
  13. ↑ Maryland State Legislature, "House Bill 837," accessed April 4, 2022
  14. ↑ Marijuana Policy Project, "Summary of Maryland's HB 837 and SB 833: Cannabis Reform," accessed April 20, 2022
  15. ↑ 15.0 15.1 15.2 15.3 NCSL, "State Profiles: Elections," accessed August 25, 2024
  16. ↑ Smart Approaches to Marijuana, "MJ Laws Map," accessed June 15, 2022
  17. ↑ Marijuana Policy Project, "Map of state marijuana laws," accessed June 15, 2022
  18. ↑ This number does not include South Dakota, where voters approved a marijuana legalization initiative in 2020 that was later struck down by the state's supreme court
  19. ↑ Prior three elections before and/or including the election at which measure was voted on
  20. ↑ Maryland State Board of Elections, "Rules and Information for Voters," accessed April 18, 2023
  21. ↑ 21.0 21.1 21.2 Maryland State Board of Elections, "Introduction," accessed April 18, 2023
  22. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  23. ↑ Maryland Attorney General, "Voting FAQ," accessed April 13, 2023
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