There is a schism in American opinion on federal and state marijuana policies, but new political shifts may pave the way for legalization.
Many more states will hold legalization ballots this fall, and the two leading presidential contenders have already shown their support for a change in federal legislation that would categorize marijuana as a less harmful narcotic.
Public support for marijuana has increased dramatically, and the number of states that have legalized its sale in stores has also increased, despite the fact that it is still illegal under federal law.
Where does the law state this?
There are fines and prison term associated with the federal felony of possessing marijuana. More severe federal penalties range from five years to life in prison for the sale or cultivation of marijuana, depending on the amount of the narcotic.
On the other hand, a number of states have done away with their own marijuana laws.
The Marijuana Policy Project advocates for the legalization of cannabis and reports that twenty-four states and the DC have done so, accounting for 53% of the US population. These jurisdictions now tax and regulate sales of marijuana in a manner comparable to alcohol. Popping a little bit of pot no longer gets you jail time in seven more states. Legalization of medical marijuana has been passed in 38 states plus DC.
What’s going on in the nation’s capital?
In May, the Justice Department put out a plan to downgrade marijuana’s classification from Schedule I to Schedule III, the less hazardous category that contains ketamine and certain anabolic steroids. There is a long procedure involved with that switch, though.
A hearing to receive comments on the idea has been scheduled on December 2 by the Drug Enforcement Administration. Thus, a final judgment may not be made until after President Joe Biden’s January departure from office.
The Democratic presidential nominee, Kamala Harris, who is running on a platform of ending marijuana’s criminalization, has spoken out against the drug’s classification as a Schedule I substance, calling it “absurd” and backing legalization efforts.
This past week, Republican presidential candidate and former president Donald Trump also showed his support for the policy shift. He publicly stated his support for a recreational marijuana ballot initiative in Florida and pledged to “continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug” on his social media platform.
What are the ballot items?
Existing medical marijuana dispensaries in Florida would be able to sell recreationally to adults over the age of 21 under the new initiative, and the state legislature might even license more stores if demand is high enough. The measure would go into force six months following voter approval, and it requires a minimum of 60% of the vote to be approved.
The campaign has received tens of millions of dollars in contributions, mostly from supporters, making it the most expensive of the almost 160 measures on state ballots this year, according to Ballotpedia, an organization that tracks elections. Gov. Ron DeSantis and the Florida Republican Party are among many who are opposed, citing concerns that the air pollution from marijuana would lower people’s quality of life.
Two states, North and South Dakota, will put the question of expanding marijuana legalization beyond medicinal use to voters for a third time. To be approved, the measures require only a simple majority.
Initiatives to legalize and regulate medical marijuana seem to have enough signatures to qualify for a statewide ballot, according to Bob Evnen, Nebraska’s secretary of state. The deadline for him to certify items for the ballot is this coming Friday.
Is anyone mentioning anything?
A Gallup poll conducted last year found that 70% of American adults support legalizing marijuana. This is the highest level of support recorded by the polling agency since it began asking about marijuana policy in 1969. Twenty years ago, just around a third of people polled were in favor of decriminalizing marijuana.
Young people, who make up a disproportionate share of voters in seven states that are considered to be presidential battlegrounds, had the strongest support for marijuana in last year’s Gallup poll.
The number of persons who reported smoking marijuana daily or near-daily increased significantly from less than 1 million in 1992 to an anticipated 17.7 million in 2022, according to an analysis of national survey data published earlier this year. Even though alcoholic beverages are still more popular, this survey represented the first time that daily marijuana users outnumbered daily drinkers in the United States.
How are comparable medications faring?
Some state officials are fighting the sale of unregulated hemp products as legal marijuana gains traction. Hemp is federally recognized as a separate substance from marijuana. A synthetic form of CBD found in hemp, delta-8 THC is included in some of these items, which are packaged like regular chips or candy.
Laws restricting or outright banning synthetic hemp products went into force on July 1 in several states, including South Dakota and Wyoming. State officials in Indiana have issued a warning to retailers ordering the removal of delta-8 THC products containing what they claim are unlawful quantities of the euphoric delta-9 THC present in marijuana.
Republican Governor Mike Parson of Missouri, whose state legalized marijuana in 2022, was concerned about the marketing of certain hemp-derived goods to minors and directed the state health department to crack down on the practice. He announced a task team on Tuesday alongside Attorney General Andrew Bailey to address the issue of unregulated psychotropic cannabis products.
Parson made it clear that their state was not the only one dealing with the problem or doing anything about it.