US Marijuana Divide: Federal Reclassification and State Ballots

Explore the shifting landscape of US marijuana policy, from federal reclassification efforts to state-level legalization initiatives and public opinion trends.

Marijuana Plant

The nation remains split regarding state and federal cannabis policies, but recent political shifts could propel the country towards greater acceptance of marijuana.

Both leading presidential contenders have indicated backing for a federal policy shift to reclassify cannabis as a less hazardous substance, and citizens in several additional states will have the opportunity to voice their opinion on legalization this autumn.

Although still prohibited under federal statute, public endorsement of cannabis has grown considerably — as has the number of states where it's legally retailed in shops.

What does the legislation stipulate?

Possessing cannabis is a federal offense punishable by monetary penalties and incarceration. Vending or cultivating cannabis is a more severe federal crime, punishable by prison terms ranging from five years to life, contingent on the quantity of the substance.

However, numerous states have abolished their own cannabis penalties.

Twenty-four states and the District of Columbia — representing 53% of the nation's populace — have legalized cannabis and now impose taxes and regulate sales akin to alcohol, according to the Cannabis Policy Project, which advocates for legalizing marijuana. An additional seven states have eliminated jail sentences for possessing small amounts of cannabis. A total of 38 states and the District of Columbia have laws permitting the medical use of cannabis.

What's transpiring in Washington?

The Justice Department in May proposed to reclassify cannabis from a Schedule I drug to a less dangerous Schedule III drug, which encompasses substances such as ketamine and certain anabolic steroids. However, this transition involves a protracted process.

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The Drug Enforcement Administration has scheduled a Dec. 2 hearing to gather feedback on the proposal. This implies a final decision might come after President Joe Biden departs office in January.

Vice President Kamala Harris, the Democratic nominee for president, supports cannabis decriminalization and has stated it's "absurd" that cannabis is classified as a Schedule I drug, alongside heroin and LSD.

Former President Donald Trump, the Republican presidential nominee, also signaled support for the policy change this past week. He posted on his social media platform that he would "continue to focus on research to unlock the medical uses of cannabis to a Schedule 3 drug" and said he would vote "yes" on a Florida ballot proposal to legalize recreational cannabis.

What's on the ballot?

The Florida initiative would permit recreational sales to individuals over 21 from existing medical cannabis dispensaries, with the potential for the Legislature to license additional retailers. The proposal requires at least a 60% vote to pass and would take effect six months after voter approval.

The campaign has been the most expensive of nearly 160 measures on state ballots this year, attracting tens of millions of dollars of contributions primarily from supporters, according to the election tracking organization Ballotpedia. Among the opponents are the Florida Republican Party and Gov. Ron DeSantis, who has stated it would diminish quality of life by leaving a cannabis odor in the air.

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Voters in North and South Dakota will be asked for the third time whether to legalize cannabis beyond medical use. The measures require a simple majority to pass.

Nebraska Secretary of State Bob Evnen has stated initiatives to legalize and regulate medical cannabis appear to have sufficient petition signatures to qualify for a statewide vote. He faces a Friday deadline to certify measures for the ballot.

What are people expressing?

Approximately 70% of American adults said cannabis should be legal in a Gallup poll conducted last year, the highest level recorded by the polling firm since it first inquired about cannabis policy in 1969. In contrast, only about one-third of respondents supported cannabis legalization 20 years ago.

Last year's Gallup poll demonstrated the highest support for cannabis among young voters, a key demographic in seven presidential battleground states.

An analysis of national survey data published earlier this year found that an estimated 17.7 million people reported using cannabis daily or near-daily in 2022 — up dramatically from less than 1 million people in 1992. Though alcohol is still more widely consumed, the report marked the first time that the number of Americans who use cannabis just about every day surpassed the number who drink that often.

What's occurring with similar substances?

As legal cannabis becomes more prevalent, some state officials are combating the sale of unregulated products derived from hemp, which is federally classified as distinct from cannabis. Some of these products are sold in packaging similar to common confections or snacks and contain delta-8 THC, a synthesized form of CBD that's prevalent in hemp.

Some states have prohibited or restricted synthetic hemp products, including South Dakota and Wyoming, where new laws took effect July 1. Indiana authorities have cautioned stores to remove delta-8 THC products that they say also contain illegal amounts of the psychoactive delta-9 THC found in cannabis.

In Missouri, where cannabis was legalized in 2022, Republican Gov. Mike Parson raised concerns that certain hemp-derived products are being marketed to minors and ordered a crackdown by the state health department. He joined with Attorney General Andrew Bailey on Tuesday to announce a task force focused on unregulated psychoactive cannabis products.

"We are not the only state confronting this issue and not the only state taking action," Parson stated.