The U.S. is divided when it comes to state and federal marijuana policy, but recent political developments could move the country toward a greater acceptance of cannabis.
Both major presidential candidates have signaled support for a federal policy change to reclassify marijuana as a less dangerous drug, and voters in several additional states will get a say this fall on legalization.
Though still illegal under federal law, public approval of marijuana has grown significantly — and so has the number of states where it’s legally sold in stores.
What does the law say?
Possessing marijuana is a federal crime punishable by fines and prison time. Selling or cultivating marijuana is a more serious federal crime, punishable by prison sentences of five years to life, depending on the quantity of the drug.
But many states have abolished their own marijuana penalties.
Twenty-four states and the District of Columbia — representing 53% of the nation’s population — have legalized marijuana and now tax and regulate sales similar to alcohol, according to the Marijuana Policy Project, which supports legalizing cannabis. An additional seven states have removed jail sentences for possessing small amounts of marijuana. A total of 38 states and the District of Columbia have laws that allow the medical use of marijuana.
What’s happening in Washington?
The Justice Department in May proposed to reclassify marijuana from a Schedule I drug to a less dangerous Schedule III drug, which includes such things as ketamine and some anabolic steroids. But that switch involves a lengthy process.
The Drug Enforcement Administration has set a Dec. 2 hearing to take comment on the proposal. That means a final decision could come after President Joe Biden leaves office in January.
Vice President Kamala Harris, the Democratic nominee for president, backs marijuana decriminalization and has said it’s “absurd” that marijuana 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 marijuana to a Schedule 3 drug” and said he would vote “yes” on a Florida ballot proposal to legalize recreational marijuana.
What’s on the ballot?
The Florida initiative would allow recreational sales to people over 21 from existing medical marijuana dispensaries, with the potential for the Legislature to license additional retailers. The proposal needs at least a 60% vote to pass and would take effect six months after voter approval.
The campaign has been the costliest 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 said it would reduce quality of life by leaving a marijuana stench in the air.
Voters in North and South Dakota will be asked for the third time whether to legalize marijuana beyond medical use. The measures need a simple majority to pass.
Nebraska Secretary of State Bob Evnen has said initiatives to legalize and regulate medical marijuana appear to have enough petition signatures to qualify for a statewide vote. He faces a Friday deadline to certify measures for the ballot.
What are people saying?
About 70% of American adults said marijuana should be legal in a Gallup poll taken last year, the highest level recorded by the polling firm since it first asked about marijuana policy in 1969. By contrast, only about one-third of respondents supported marijuana legalization 20 years ago.
Last year’s Gallup poll showed the highest support for marijuana 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 marijuana daily or near-daily in 2022 — up dramatically from less than 1 million people in 1992. Though alcohol is still more widely used, the report marked the first time that the number of Americans who use marijuana just about every day surpassed the number who drink that often.
What’s happening with similar drugs?
As legal marijuana becomes more widespread, some state officials are battling the sale of unregulated products derived from hemp, which is federally classified as distinct from marijuana. Some of those products are sold in packaging similar to common candies or chips and contain delta-8 THC, a synthesized from of CBD that’s prevalent in hemp.
Some states have banned or restricted synthetic hemp products, including South Dakota and Wyoming, where new laws took effect July 1. Indiana authorities have warned stores to remove delta-8 THC products that they say also contain illegal amounts of the psychoactive delta-9 THC found in marijuana.
In Missouri, where marijuana was legalized in 2022, Republican Gov. Mike Parson raised concerns that certain hemp-derived products are being marketed to children 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 facing this issue and not the only state taking action,” Parson said.
