Cannabis Law Prof Blog

Editor: Franklin G. Snyder
Texas A&M University
School of Law

Tuesday, October 24, 2017

New Yorkers seek to legalize marijuana through a state constitutional convention

Weed Blog post 5

Some New York citizens are attempting to hold a state referendum to convene a state constitutional convention. They hope to accomplish state-goals like dismantling campaign finance laws, enacting term limits, and ending gerrymandering. But other supporters are seeking a state constitutional convention for a very different reason: the legalization of adult-use marijuana. Tom Precious of The Buffalo News reports:

Stymied in their efforts to get the Legislature and Gov. Andrew Cuomo to go along with their idea, these advocates see a convention of delegates brought together to consider changes to the constitution as a means to loosen marijuana laws.

It's not an easy sell. Nowhere on the statewide ballot is there any guarantee that any issue, whether it’s marijuana or anti-corruption ideas, would even be considered in a convention…. Recent polls reveal that 49 percent of New Yorkers support adult-use legalization of marijuana, compared to the 47 percent who remain opposed.

This referendum, known as Proposal 1, is seeking support from left-leaning citizens like proponents of Senator Bernie Sanders and Black Lives Matter. Such support is crucial because of the appeal that a constitutional convention could lead to sweeping changes in the law which would create more equal opportunities and treatment for the state's citizens.

Surprisingly, this effort is not inducing the support of pro-legalization groups like the Washington, DC-based Marijuana Policy Project. These groups are hesitant to support Proposal 1 because of their alliances on broader policy agendas with various groups that actively oppose the referendum.

Opponents of Proposal 1 fear the uncertain outcomes that could result from a constitutional convention—the United States last held one in 1787, and it led to the creation of an entirely new constitution. And while voters in New York consider whether to hold a state convention every twenty-years, the last one actually held was in 1968 and produced no changes to the state's constitution. 

Another problem facing proponents of a state constitutional convention involves being badly outspent by their opponents:

[T]he one anti-Proposal 1 group, funded almost exclusively by an array of labor unions, has raised $1.5 million for its campaign to stop the convention. Four main groups backing the convention question have brought in under $400,000.

Meanwhile, pro-legalization supporters have raised less than $150,000 and spent just $9,700 in campaign expenditures since July. Raising money has proven difficult for supporters due to the overwhelming union opposition and the difficulty in convincing potential donors that the marijuana issue would even be decided if a convention was held. 

Labor unions maintain a firm opposition to Proposal 1 because of the possibility that it would strip away hard-won rights, like collective bargaining. Nick Reisman of Spectrum Local News asked New York's AFL-CIO President Mario Cliento his take on Proposal 1:

“With those strong labor protections comes a way of life. We want to be able to protect what we have for ourselves and our families well into the future and that's why the labor movement in this state is so adamantly opposed to a constitutional convention[.]”

While every state that has legalized adult-use marijuana has done so through legislation, some citizens in New York have grown impatient with their state's legislature and thus are pursuing legalization through a different avenue. But this road to legalization contains many uncertainties— the most prevalent being whether the marijuana issue will even be raised if a convention is held.

--Zachary Ford

 

http://lawprofessors.typepad.com/cannabis_law/2017/10/marijuana-legalization-advocates-in-new-york-press-for-a-state-constitutional-convention.html

Drug Policy, Legislation, Local Regulation, Recreational Marijuana | Permalink

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