Measures for Recreational Marijuana Failed in Three States: a Win for Public Health

by Katherine Drabiak

The Outcome of Recreational Marijuana Ballot Measures

Recreational marijuana was on the ballot in three states — Florida, North Dakota, and South Dakota. None of these three measures passed. Currently, 38 states and Washington D.C. allow medical marijuana, and 24 states and D.C. allow recreational marijuana. Marijuana is still classified as a Schedule I controlled substance, which means it is illegal to possess, sell or distribute, although the FDA has approved several purified medications containing marijuana derived compounds.

Despite a push from supporters, this election demonstrated that changing the law to facilitate access to recreational marijuana is not inevitable. In fact, this was the fifth unsuccessful attempt by political action groups, largely funded by the marijuana industry, to allow recreational marijuana in Florida.

Proponents of recreational marijuana told voters it would create tax revenue, reduce drug related crimes, and help improve drug safety via production regulation. However, each of these claims warrants closer consideration.

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What You Need to Know About Marijuana Rescheduling

by Victoria Litman, M.Div., J.D., LL.M.

On May 21, 2024, the Drug Enforcement Administration (DEA) published a Notice of Proposed Rulemaking (NPRM) signed by Attorney General Merrick Garland in the Federal Register. This publication kicks off a 62-day comment period on a rule that would move marijuana to Schedule 3 of the Controlled Substances Act (CSA), classifying it as a substance with “a moderate to low potential for physical and psychological dependence.” The process of rescheduling may be long and is unlikely to create a pathway to federal compliance for state-legal marijuana businesses without further federal legislation. Ultimately, Congress likely will need to clarify the division of federal and state regulatory powers over cannabis.

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