The next recreational marijuana frontier?

This week's edition of the State and Local Tap brings you details of one state legislature's vote on a recreational marijuana bill and another state's [View this email in your browser]( [Ballotpedia](   [Facebook](   [Twitter](   [The Tap](   State legislatures are gearing back up again—20 of them began new sessions this week—and the Vs have our attention. Vermont started off 2018 with landmark votes on a marijuana bill, and Virginia Republicans elected their House speaker amidst legal challenges to their majority from Democrats. Check out the unabridged version of this week’s State and Local Tap for all the details. [Get your weekly dose of uncut political news]( Vermont State Senate approves marijuana legalization The [Vermont State Senate approved a bill]( Wednesday allowing individuals over the age of 21 to legally possess up to one ounce of marijuana and grow marijuana plants in their homes. The bill now heads to the desk of Governor Phil Scott (R), who has stated that he is willing to sign the legislation. When that happens, Vermont will become the first state to legalize marijuana through legislative action. The Senate vote occurred in spite of U.S. Attorney General Jeff Sessions’ decision last week to roll back the Justice Department’s Obama-era policy of deprioritizing the enforcement of federal marijuana laws in states where the drug is legal. Instead, Sessions’ decision will allow federal prosecutors to enforce federal marijuana laws in legalized states. According to the Burlington Free Press, Republican state House members attempted to delay a vote on the bill last week in light of Sessions’ policy change as well as an upcoming due date for a report by the governor’s Marijuana Advisory Commission that is set to examine public health and safety issues related to marijuana in the state. [State legislatures in session] Federal appeals court upholds 2014 Tennessee abortion ballot measure, concludes method for counting votes was constitutional On Tuesday, the Sixth U.S. Circuit Court of Appeals, in an [unanimous opinion]( rejected a challenge to [Tennessee’s Amendment 1]( which added language to the state constitution to empower the legislature to enact, amend, or repeal state statutes regarding abortion, including for pregnancies resulting from rape or incest or when necessary to protect the mother's life. The amendment was approved by voters in 2014. Eight individuals sued the state of Tennessee over the amendment, arguing that the method for counting votes violated the state and federal constitutions. For a constitutional amendment to be approved by voters, the Tennessee Constitution requires them to receive a “majority of all the citizens of the state voting for governor, voting in their favor.” The state contended that this provision meant that a number of votes equal to at least a majority of the votes cast for governor were needed to approve Amendment 1. Plaintiffs said the provision meant that only votes of electors who voted for governor and the ballot measure counted toward Amendment 1. The Yes On 1 campaign ran [an ad encouraging voters]( to forgo voting in the state's gubernatorial election to, according to the ad, double their votes on Amendment 1. The tactic may have convinced some voters. Election results showed that 1,386,355 electors voted on Amendment 1—32,627 more than voted for governor. Plaintiffs argued that this tactic was intended to dilute opponents' votes. David McKeague, a judge on the Sixth Circuit, wrote the court’s opinion, which concluded, “Plaintiffs arguments amount to little more than a complaint that the campaigns in support of Amendment 1, operating within the framework established by state law, turned out to be more successful than the campaigns against Amendment 1. Plaintiffs had the same 'freedom' as their adversaries to operate within the established framework to promote their opposition to Amendment 1. … Although the subject matter of abortion rights will continue to be controversial in Tennessee and across the nation, it is time for uncertainty surrounding the people's 2014 approval and ratification of Amendment 1 to be put to rest.” Attorney Bill Harbison, who represented the plaintiffs, said they were weighing their legal options. Virginia House of Delegates elects Kirk Cox (R) as speaker after Democratic legal challenges and recounts in House Districts 28 and 94 fall short The Virginia House of Delegates [voted]( 98-0 to elect Kirk Cox (R) as House speaker Wednesday, the day the Virginia House convened its 2018-2019 legislative session. Before the vote occurred, the outcomes of contested races in Districts 28 and 94 were at least partially settled in favor of the Republican candidates, paving the way for GOP control of the Virginia House for the session. Prior to Wednesday, Democrats had confirmed wins in 49 of 100 House seats in the November 2017 elections and were contesting results in Districts 28 and 94. - The House District 94 race was resolved on Wednesday when Shelly Simonds (D) chose not to ask for a second recount of the race. She said she will run again in 2019. - The House District 28 race was at least temporarily resolved Wednesday when a federal appellate court denied House Democrats’ request to prevent Robert Thomas Jr. (R) from taking the seat. Democrats asked a federal court to throw out the election results and order a new election after the Virginia Department of Elections found that 147 voters in the District 28 area cast their ballots in the wrong election—a request which District Court Judge T.S. Ellis declined. He did, however, allow the lawsuit to move forward, meaning a court could rule in the Democrats’ favor on future appeal.   [Map of state government trifectas]   New Mexico Supreme Court rejects challenge to ranked-choice voting in Santa Fe, clearing way for implementation The [New Mexico Supreme Court]( issued a ruling Tuesday upholding a lower court opinion ordering Santa Fe city officials to implement [ranked-choice voting]( in the city's municipal election on March 6. The ruling is the latest in a series of legal actions surrounding [Santa Fe's ranked-choice voting law]( which was adopted via a city charter amendment in 2008. In November 2017, a state judge ordered city officials to implement ranked-choice voting for 2018 election, and in December 2017, the Santa Fe City Council voted both to prepare for implementation and to appeal the implementation order to the state supreme court. This appeal pivoted on two questions: whether the state judge who issued the implementation order acted outside his authority, and whether ranked-choice voting is in compliance with the state constitution. In its order Monday, the state supreme court did not elaborate on these questions. As of this month, cities in five states had implemented ranked-choice voting for municipal elections. Another four states (including New Mexico) contained cities that had adopted but not yet implemented ranked-choice-voting in municipal elections. Utah Republican delegates select two new state legislators Utah Republican delegates selected two new state legislators Tuesday to succeed two former officeholders who resigned in December to accept new job opportunities. - Delegates from Utah's House District 63 selected [Adam Robertson]( an area businessman, to succeed former officeholder Dean Sanpei, who resigned in order to accept a position with Centura Health in Colorado. - Delegates from Utah's Senate District 8 selected [Brian Zehnder]( a family physician, to succeed former officeholder Brian Shiozawa, who resigned in order to accept a position with the U.S. Department of Health and Human Services. Utah Governor Gary Herbert (R) must approve the selection of both Robertson and Zehnder before they can take office. If approved, Robertson and Zehnder will serve out the remainder of their predecessors’ terms. Sanpei’s term expires in December 2018 while Shiozawa’s term expires in December 2020. California state Sen. Josh Newman (D) recall election set for June 5 California Gov. Jerry Brown (D) on Monday [called a recall election]( of California state Sen. Josh Newman (D) for June 5, the same day as the state’s 2018 statewide primary. The recall effort was initiated by talk radio host, former Republican San Diego City Councilman, and Reform California Chairman Carl DeMaio in response to Newman's support for Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017. SB 1 provided for an increase in California's excise and sales taxes on fuel and for new user fees for vehicles. According to DeMaio's website, Newman was targeted for recall instead of other incumbent Democrats because of his narrow margin of victory in the 2016 election, increasing the chances that Republicans win the seat and break the Democratic supermajority in the State Senate. Indeed, if Newman loses his recall election to a Republican, Democrats will no longer have a two-thirds supermajority. The recall effort, particularly the date on which the election would be scheduled, was at the center of legal and legislative controversy last year. California Democrats passed two bills that Republicans argued would allow election officials to delay the recall until June 5, where Newman might perform better because of the higher turnout in the statewide primary. The first bill was blocked by a California Court of Appeals, but the second bill, which passed in August, became law and was cited by California Secretary of State Alex Padilla (D) in several administrative decisions he made during the recall process. Recall proponents filed a lawsuit attempting to block the changes in recall election laws from becoming law, but a court had not issued a ruling as of Wednesday. [Catch our first edition of Heart of the Primaries on Monday]( Ballotpedia depends on the support of our readers. The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. 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