More States Enact Adult-Use Marijuana Legalization Laws
Delaware, Minnesota, and Ohio enacted laws in 2023 legalizing adult-use marijuana possession and providing timelines for regulating retail cannabis markets. In addition, Maryland lawmakers passed legislation in May regulating adult-use marijuana sales. Those sales began on July 1st. In January, lawmakers in the US Virgin Islands also approved an adult-use legalization law, though its provisions have yet to take effect.
“For the first time since the adoption of federal marijuana prohibition, more US citizens reside in jurisdictions where cannabis is state-legal than live somewhere where it is not,” NORML Deputy Director Paul Armentano said.
HHS Recommends DEA Reclassify Cannabis as a Schedule III Substance
Bloomberg News reported in August that it had obtained a leaked letter from the Department of Health and Human Services (HHS) recommending that the US Drug Enforcement Administration reclassify cannabis from a Schedule I to a Schedule III controlled substance under federal law. The Biden Administration initiated the review last year.
The DEA, which has the final authority regarding drug scheduling under the Controlled Substances Act, has yet to publicly take any action on the matter.
NORML has criticized proposals calling for cannabis to be rescheduled from Schedule I to Schedule III, opining, “Rescheduling marijuana fails to provide states with the explicit legal authority to regulate it within their borders as they see fit, free from federal interference.” Rather, NORML calls for removing cannabis from the CSA altogether in a manner similar to alcohol.
More Americans than Ever Say Cannabis Should Be Legal for Adults
A record 70 percent of US adults believe that “the use of marijuana should be legal,” according to nationwide polling data released in November by Gallup. That’s an increase of 19 percentage points since 2014, when Colorado and Washington became the first states to implement adult-use cannabis legalization, and the highest level of support ever reported by Gallup pollsters.
“There’s no ‘buyers’ remorse’ among the public when it comes to legalizing cannabis,” said NORML’s Political Director Morgan Fox. “As more states have adopted legalization, public support for this policy has risen dramatically. That’s because these policies are largely working as intended and because voters prefer legalization and regulation over the failed policy of marijuana prohibition.”
Other polling conducted by Gallup in 2023 determined that most US adults believethat marijuana use poses fewer risks to health than does either the use of alcohol or cigarettes, and that half of all Americans ages 18 and older have tried cannabis.
More States Enact Workplace Protections for Cannabis Consumers
Michigan and Washington adopted legislation in 2023 halting public employers from engaging in pre-employment marijuana testing for those applying to non-safety-sensitive positions. Several other states and municipalities have adopted similar measures. California, Connecticut, the District of Columbia, Minnesota, Montana, New Jersey, New York, and
Positive Shifts in Cannabis Policy Set to Benefit Investors
Cannabis policy in the United States is undergoing significant positive shifts that could potentially benefit investors and businesses involved in the industry. Recent developments at both state and federal levels are reshaping the legal landscape surrounding marijuana use, which may have implications for companies operating within the cannabis sector.
Broader Workplace Protection Laws in Rhode Island
Citing changing cultural and legal attitudes towards cannabis, Rhode Island has enacted broader workplace protection laws that limit employers’ ability to conduct on-the-job testing for marijuana metabolites or to sanction employees for their consumption of cannabis while off duty. This shift reflects a more progressive stance on cannabis use and may pave the way for similar reforms in other states.
Federal Courts Reject Second Amendment Ban for Marijuana Consumers
In a significant legal decision, federal courts, including the 5th U.S. Circuit Court of Appeals, have ruled against a 1968 federal law that prohibited the possession or sale of a firearm to an “unlawful user” of a controlled substance. This is a notable victory for marijuana consumers, signaling a change in how law enforcement and the judicial system view cannabis use in relation to Second Amendment rights.
Marijuana Arrests Fall to 30-Year Low
Data from the FBI’s Crime Data Explorer shows that marijuana-related arrests in the United States have fallen to a 30-year low. This decline in arrests underscores a shift in law enforcement priorities and resources, indicating a decreased emphasis on pursuing individuals for marijuana-related offenses.
POTUS Issues Pardon Proclamation for Those with Marijuana-Related Convictions
President Joe Biden’s directive to expand the pool of marijuana offenders eligible for federal pardons is a significant step towards rectifying the injustices faced by individuals with marijuana-related convictions. This proclamation acknowledges the impact of outdated cannabis policies and aims to provide relief to those affected by past legal actions.
Teen Marijuana Use Remains Below Pre-Pandemic Levels
Federally funded surveys conducted by the University of Michigan and the Substance Abuse Mental Health Services Administration reveal that rates of teen marijuana use are below pre-pandemic levels and near historic lows. These findings indicate that the legalization of cannabis for adult use has not led to an increase in adolescent cannabis consumption, providing further evidence of the effectiveness of regulated cannabis access.
FDA Fails to Establish Rules for Hemp-Derived Cannabis Products
Representatives of the US Food and Drug Administration announced the abandonment of efforts to craft regulations governing the production and sale of hemp-derived products containing high levels of CBD and other cannabinoids. This development highlights the regulatory uncertainty surrounding hemp-derived cannabis products, which may influence investment and business decisions within the industry.
Recent Milestones in Cannabis Advocacy and Legislation
The FDA’s recent decision to defer the establishment of regulations for hemp-derived CBD products has brought renewed attention to the ongoing efforts for comprehensive oversight. This delay has prompted advocates and industry stakeholders to intensify the call for clear guidelines governing the production, testing, labeling, and marketing of these products. As scrutiny intensifies and concerns about product quality and safety persist, stakeholders have voiced mounting frustration at the lack of regulatory clarity.
Calls for Congressional Action
During the FDA’s five-year review, advocates, including the National Organization for the Reform of Marijuana Laws (NORML), have consistently urged the agency to establish regulatory guidelines. Reports from the FDA and other sources have consistently highlighted the variable quality, potency, and potential contaminants in many hemp-derived cannabinoid products. The failure to establish such guidelines has left consumers and manufacturers in a state of uncertainty, with potential health and legal ramifications looming in the absence of clear regulatory standards.
Significant Legislative Progress in Kentucky
In Kentucky, a significant milestone was achieved in March when Democratic Gov. Andy Beshear signed legislation to enact a comprehensive medical cannabis access program. This move made Kentucky the 38th state to legalize medical cannabis, marking a historic step forward for the state. With the program set to be operational on January 1, 2025, patients in Kentucky are poised to access regulated, therapeutic cannabis products within their home state. The Executive Director of Kentucky NORML, Matthew Bratcher, expressed optimism about this development, emphasizing the importance of this milestone for Kentucky patients.
NORML, established in 1970, holds the distinction of being the oldest continuously functioning cannabis advocacy group in the United States and globally.
Image courtesy of NORML
