Student presentation explores ballot initiative history and marijuana reforms

Ballot initiatives have become one of the most powerful tools citizens use to directly shape public policy, especially when their state legislatures are hesitant or unwilling to do so. At their core, initiatives allow citizens to bypass the state legislature to directly propose new statutes or constitutional amendments. Not every state allows this form of direct democracy, but in those that do, initiatives have become a significant and major driver of policy change, across the ideological spectrum.

This process emerged during the Progressive Era, during which citizens sought to fight back against industrial monopolies and corrupt political machines. While the utilization of ballot initiatives saw a brief lull in the mid-20th century, they surged back into use around the 1970’s and have been an important driver in public policy since. They’ve been used to tackle a wide variety of concerns, including tax limits (like California’s Proposition 13), criminal justice reform, and, more recently, marijuana legalization.

Starting in 1996 with California’s Proposition 215, ballot initiatives have been key to the legalization of both recreational and medical marijuana throughout the country. For example, between 2000 and 2019, twelve states put legalization initiatives on the ballot, and nine passed. More recently, in 2023, recreational marijuana became legalized within the state of Ohio through ballot initiative (Issue 2).

The rise of ballot initiatives has triggered some pushback, however; some state legislatures have placed greater restrictions on initiative-based statutes and, in some instances, have even overturned voter-approved measures. An example of this can be found in Ohio, through Senate Bill 56. Courts have also played a role in this nullification of voter-approved legislation.

My presentation will delve deeper into what ballots initiatives are, how they work, how they are used both generally and in the marijuana legalization context, legislative pushback, and the greater implications of this legislative pushback.