The divide over marijuana policy in the United States may be narrowing as recent political shifts and upcoming state ballot measures suggest a move toward broader acceptance of cannabis. Both major presidential candidates have voiced support for reclassifying marijuana as a less dangerous substance, and several states are preparing to vote on legalization this fall.
Current Legal Landscape
Marijuana remains illegal under federal law, with possession punishable by fines and imprisonment, and trafficking or cultivation carrying more severe penalties of five years to life in prison, depending on the amount involved. However, many states have relaxed their own marijuana laws.
According to the Marijuana Policy Project, which advocates for cannabis legalization, 24 states and the District of Columbia—encompassing 53% of the U.S. population—have legalized marijuana and regulate its sale similarly to alcohol. An additional seven states have decriminalized possession of small amounts, and 38 states plus the District of Columbia permit medical marijuana use.
Federal Developments
In May, the Justice Department proposed reclassifying marijuana from a Schedule I drug, which includes substances like heroin and LSD, to a Schedule III drug, which covers substances like ketamine and some anabolic steroids. This reclassification process is expected to be lengthy, with the Drug Enforcement Administration scheduled to hold a hearing on December 2. A final decision could come after President Joe Biden’s term ends in January.
Vice President Kamala Harris, the Democratic presidential nominee, supports marijuana decriminalization and has criticized the current Schedule I classification. Former President Donald Trump, the Republican nominee, has also shown support for reclassification and indicated he would vote in favor of a Florida ballot measure to legalize recreational marijuana.
Upcoming Ballot Measures
Florida voters will decide this fall whether to allow recreational marijuana sales to adults 21 and older through existing medical marijuana dispensaries, with the option for the Legislature to license additional retailers. The initiative requires a 60% majority to pass and would take effect six months after approval.
The Florida campaign is the most expensive of nearly 160 state ballot measures this year, drawing significant financial backing from supporters. Opponents, including the Florida Republican Party and Governor Ron DeSantis, argue that legalization would diminish quality of life by increasing marijuana odors.
North and South Dakota voters will also consider legalization measures for the third time. These proposals require a simple majority to pass.
Nebraska Secretary of State Bob Evnen is expected to certify medical marijuana initiatives for a statewide vote, with a deadline approaching on Friday.
Public Opinion and Usage Trends
Public support for marijuana legalization has reached record levels, with about 70% of American adults in favor, according to a Gallup poll from last year. This is a significant increase from around one-third of respondents who supported legalization two decades ago. Support is particularly strong among young voters, a crucial demographic in several presidential battleground states.
Recent data reveals that approximately 17.7 million Americans reported using marijuana daily or nearly daily in 2022, surpassing the number of daily alcohol users for the first time.
Regulation of Hemp-Derived Products
As marijuana becomes more widely accepted, some states are addressing the sale of unregulated hemp-derived products, such as delta-8 THC, which is often sold in candy-like packaging. States like South Dakota and Wyoming have enacted bans or restrictions on these products, effective July 1. Indiana has also issued warnings about delta-8 THC products containing illegal levels of delta-9 THC.
In Missouri, where marijuana was legalized in 2022, Governor Mike Parson and Attorney General Andrew Bailey have announced a task force to address concerns over unregulated psychoactive cannabis products, particularly those marketed to children. “We are not the only state facing this issue and not the only state taking action,” Parson stated.