Is the Movement to Legalize Cannabis Stalling?

Proponents of cannabis hoped this year would mark a further shift toward its legal, recreational use. Instead, three of the four states where it was on the ballot rejected it both for medicinal and recreational use.

Over the last decade or so, states have been consistently legalizing the use of marijuana, even though it remains illegal at the federal level. After the latest election results, has the momentum for cannabis legalization nationwide stalled?

Ballot Initiatives

In about half the states, citizens can bring forth ballot initiatives themselves. This allows residents to bring matters that they care about, including the legalization of cannabis, to the forefront of elections. This is one reason cannabis legalization has been on so many ballots over the past few years. In North Dakota, for example, cannabis legalization was on the ballot for the second consecutive election. Ohio was the last state to legalize recreational cannabis by ballot referendum, and did so in 2023.

However, even in states where cannabis legalization must go through the state legislature, cannabis legalization has still been popular. Minnesota was the last state to legalize recreational cannabis through its legislature, also in 2023.

Currently, 24 states and Washington, D.C., allow recreational use of cannabis, while 38 states and Washington, D.C., allow it for medical use.

Nebraska Passes Law, Florida Flounders

Nebraska voters successfully approved marijuana for medical use, though it still faces legal challenges.

Other states that had marijuana on the ballot did not see similar success. Florida fell just short of the necessary 60% supermajority needed to amend their state constitution, with 55% of voters supporting legalization.

It was a fiercely debated issue in Florida. Supporters raised more than $150 million, but the state governor opposed the measure and the state ran its own advertisements warning of the dangers of marijuana. Interestingly, Florida paid for these ads from the money it received from an opioid settlement.

North Dakota and South Dakota did not have nearly the same funding, either for or against. However, the effort was funded by existing marijuana providers, showcasing a trend of sorts, in which the very providers of the substance finance campaigns to get voters to the voting booth.

The initiatives in North and South Dakota hoped to pass laws allowing for its recreational use, with supporters urging lawmakers to pass their own versions of the legislation.

Close Call in New Hampshire

New Hampshire almost legalized cannabis. The state House and Senate each passed bills allowing for the recreational use of marijuana, but failed to agree on a final bill during election season. Voters in New Hampshire elected a governor who opposes marijuana legalization, making it more uncertain than ever that the last holdout in New England will legalize cannabis.

Federal Changes Coming?

About 6 out of 10 people in the nation say they favor legalizing the use of marijuana for recreational use, according to AP VoteCast, a survey that included upwards of 120,000 people. Just over half the states have legalized it for recreational use. A significantly larger percentage of people believe it should be legal as a prescription.

This might be reflected soon at the federal level. The Justice Department has already proposed changing its classification of cannabis from a Schedule I substance to a Schedule III substance. This would allow cannabis to be prescribed for medical use. This proposal is not yet final, however. During his campaign, President-Elect Trump said he supported this reclassification, but that is a shift from his first administration, so there remains some uncertainty.

The majority of Americans live in a place where marijuana is legal, particularly if you are including medicinal use. However, anyone using cannabis (or running a business involving cannabis) must still monitor developments, as full nationwide legalization does not appear to be coming any time soon.

Related Resources:

• Marijuana Legalization and Decriminalization Overview (FindLaw's Learn About the Law)
• Medical Marijuana Laws (FindLaw's Learn About the Law)