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Legislature Approves Medical Marijuana Ballot Question

*Updated*

During session Monday, the V.I. Legislature passed legislation to ask voters on this year’s general election ballot if they want the Legislature to make medical marijuana legal in the territory.

The measure sponsored by Sen. Terrence "Positive" Nelson would place a single yes-or-no question on the November general election ballot. Nelson’s original bill, approved in committee last week (See Related Links below), said the Legislature would act on the measure if more than half of those voting in the general election voted on the ballot measure and more than half those voting on the measure supported it.

Senators debated whether the existing law would be binding on the Legislature, and legal counsel Yvonne Tharpes testified that the Legislature could not bind subsequent legislatures and so, while the bill could be written to appear to direct the Legislature, the Legislature would not be bound. Voter initiatives and referenda placed on the ballot by voter petition are binding, she said, but are difficult to achieve.

Sen. Janette Millin Young asked Tharpes how or if the Legislature could legislate a binding referendum. Tharpes said it is a matter of phrasing; if the legislation says it shall become law once voters approve it “then it shall become law. But that is not how the question is posed,” she said.

Nelson later proposed an amendment, clarifying that if voters support the ballot measure, the Legislature would “consider” rather than “enact” it, and changing “marijuana” to “cannabis.”

Senator after senator stressed that the legislation only put the question to voters and was not binding. Most said they personally supported medical marijuana; a smaller number supported decriminalizing it. Several said they opposed full legalization, while support was much more nebulous.

I am not for legalization of marijuana,” said Sen. Sammuel Sanes. But Sanes said he was persuaded in part by the personal stories of those suffering with debilitating, painful conditions like multiple sclerosis, and how marijuana provided some relief.

Sanes said if his daughter had a debilitating disease, he would not want to deny her a treatment that eases her suffering.

Sen. Diane Capehart said she “understood the dangers of legalization,” and had concerns, while also sympathizing with those suffering with illness.

I will put my feelings aside and let the people vote and express their opinion on this,” Capehart said.

Millin Young said she favored decriminalization so that recreational use remained illegal but the penalties would be relatively minor.

Nelson, the bill’s sponsor and sponsor of a separate bill to legalize marijuana, said he was not promoting legalization “at this time.”

Sen. Clarence Payne said “there are legitimate concerns” about marijuana’s effects on adolescent brains and so the laws should prohibit all access to minors unless it is prescribed by a medical professional.

Sen. Nereida “Nellie” Rivera-O’Reilly opposed the measure, saying medical marijuana is harmful to the brain and that proponents had an agenda to just get high.

It is not about healing or growth,” she said, continuing to add, “This is about adults who want to smoke without the legal implications.”

O’Reilly warned of the risks of “broadening access to marijuana” to those who do not have access now.

Sen. Tregenza Roach disputed O’Reilly’s dire warning. “I do not believe the evidence is there that marijuana would have these effects,” he said, adding that he would be guided by the voters. “If they say no, that is fine with me.”

And if they say yes, we should proceed as carefully as we can to craft legislation in line with the proposal,” Roach said.

Roach and Sen. Myron Jackson both emphasized that if medical marijuana is legalized and studied here, then it should be grown here, for local economic benefit, rather than purchased elsewhere at great cost and shipped here.

Voting to place the question on the November general election ballot were Capehart, Jackson, Nelson, Payne, Roach, Sanes, Sens. Craig Barshinger, Donald Cole, Kenneth Gittens, Clifford Graham, Alicia “Chucky” Hansen and Shawn-Michael Malone. Voting no were O’Reilly and Millin Young. Sen. Judi Buckley was absent.

Editor’s Note: This article has been updated to correctly reflect the vote. Sens. Nereida Rivera-O’Reilly and Janette Millin Young voted against the legislation and O’Reilly has vigorously opposed the measure from its inception.

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