The push for legalizing recreational marijuana has faced significant hurdles, as efforts in three states failed to gain traction in the recent ballot measures. This outcome has prompted advocates to consider adapting their strategies, shifting focus towards engaging state legislatures and federal entities instead of relying solely on public ballots.
In the last twelve years, the number of states permitting adult marijuana use has surged from zero to 24, despite its continuation as an illegal substance under federal law. However, no new states joined in the latest voting round, with initiatives failing in Florida, North Dakota, and South Dakota.
“The prospect of advancing legalization in the remaining 26 states is likely to become increasingly challenging,” noted Paul Armentano, the deputy director of NORML, a marijuana advocacy organization. This is primarily due to many states lacking citizen ballot initiatives, requiring advocates to navigate resistant state legislatures.
Despite the setbacks in recreational use, voters in Nebraska did approve medical marijuana, bringing the total number of states with such provisions to 39, although the measure is facing legal complications.
The struggles at the ballot box occur in a climate where federal marijuana policies might be softening. The U.S. Justice Department is considering reclassifying marijuana from a Schedule I to a Schedule III substance, which would lessen the legal restrictions. Additionally, President-elect Donald Trump has expressed support for this change.
AP VoteCast, a survey of over 120,000 U.S. voters, indicated that around 60% of Americans are in favor of nationwide recreational legalization, but this support wavered in some states where the measures were defeated.
In Florida, the majority of voters backed the proposed legalization of recreational marijuana. However, it fell short of the 60% supermajority needed for constitutional amendments in the state. The campaign was one of the most expensive among more than 140 measures on state ballots this November, amassing $153 million largely from Trulieve, the leading medical marijuana operator in Florida.
Opposition to the campaign was spearheaded by Republican Governor Ron DeSantis, who utilized state resources to promote concerns about marijuana. Jessica Spencer, who directed the opposing campaign, commended DeSantis for his “conviction, courage, and fearlessness” against the large-scale marijuana industry.
The Florida campaign stood in stark contrast to the limited funding seen in North and South Dakota, showcasing a recent trend where existing medical marijuana businesses heavily finance legalization efforts in hopes of benefiting from expansion.
“We’ve reached a point where philanthropy for cannabis reform initiatives is quite scarce,” stated Matthew Schweich, executive director of the Marijuana Policy Project, who also led the unsuccessful campaign in South Dakota.
This year marked the third consecutive attempt to pass recreational marijuana initiatives in the Dakotas. South Dakota voters initially approved a measure in 2020 only for it to be overturned in court, while another attempt in 2022 was rejected. North Dakota voters previously turned down recreational use in 2018 and 2022, with wider margins this time around as compared to the recent election.
“We’re now faced with the challenge of determining where to focus our efforts, given our limited political clout,” Schweich remarked. A group supporting the North Dakota initiative has urged state lawmakers to draft and consider their own version of cannabis legalization laws.
“This discussion is far from finished,” stated New Economic Frontier, vowing to continue working toward effective solutions.
New Hampshire has emerged as a state where marijuana advocates hope to find success. This year, both the Republican-led House and Senate passed separate bills aimed at legalizing recreational marijuana, yet could not reconcile their differences to reach a conclusive agreement.
In certain Democratic-leaning states, legalization proponents have framed their arguments around social justice, pointing to the disproportionately severe impacts of drug law enforcement on minority communities, despite similar cannabis usage rates across demographics. However, in Republican-led states, advocates may need to emphasize the potential fiscal benefits of marijuana legalization, suggesting it could free up law enforcement to address other criminal activities.
“I foresee a shift in our approach moving forward,” Armentano commented. “There might be a recalibration in how this issue is framed for different demographics.”