REBROADCAST: How Far Did Cannabis Legalization Go in 2023, and How High Can They Go in an Election Year?

As we near another election cycle, the discussion on cannabis legalization will be a key debate at both state and federal levels. A November 2023 Gallup survey revealed record public support for marijuana legalization at 70%, across party lines. Looking back at 2023 advancements, how will this impact cannabis legalization as we head into the 2024 election season?

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About the author:
Morgan E. Persinger

Transcript

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As we enter another election year, cannabis legalization is sure to be a hot button issue at both the state and federal levels. A Gallup poll from November 2023 showed that public support for legalizing marijuana reached a record high of 70 percent, including majority support across party lines. Let’s look back and see how 2023’s progress positioned cannabis legalization as we enter the 2024 election cycle. 

2023 saw continued growth in the legalization of cannabis at the state level. Kentucky’s General Assembly legalized medical cannabis for Kentuckians beginning on January 1, 2025. In doing so, Kentucky became the 40th state to legalize medical cannabis. 

In April 2023, Delaware’s Governor allowed companion bills to become law without his signature. House Bill 1 allowed for adult-use cannabis legalization effective April 23, 2023. In May 2023, Minnesota’s Governor signed an extensive cannabis bill legalizing adult-use cannabis in the state. The bill allowed for adult possession beginning on August 1, 2023. 

And in November, Ohio voters passed a citizen-initiated statute legalizing adult-use cannabis by a margin of 57% to 43%. Ohio became the 24th state to legalize cannabis for adult use. With legalization in Ohio, more than half of Americans now live in a state with legal cannabis.

At the federal level, cannabis reform efforts now span several proposals in Congress and multiple executive branch actions. Congress, once again, failed to pass meaningful reform legislation, but we continue to see increasing legislation that would reform the cannabis industry. Indeed, nearly 20 bills were filed in 2023.

The Marijuana Opportunity Reinvestment and Expungement Act was re-introduced in the House in September 2023 and would federally legalize and regulate cannabis. Additionally, the bipartisan STATES 2.0 Act was introduced in December. It would remove cannabis from the Controlled Substances Act and place the regulation of marijuana products in the hands of the Food and Drug Administration. The bill would allow for the states to continue prohibiting cannabis, but states would not be able to prohibit the interstate transport of cannabis between two states which permit cannabis.

Other cannabis legislation was introduced, or re-introduced, to address issues of importance to the cannabis industry. A sampling of those bills can be found at the link in the show notes.

In addition to legislative action, we’ve previously covered the U.S. Department of Health and Human Services’ recommendation to move cannabis from Schedule 1 to Schedule 3 under the Controlled Substances Act. As we noted in January, the dDepartment of Health and Human Services released its report detailing the department’s rationale for its recommendation. While reclassification would not legalize cannabis, it would represent a historic shift for the cannabis industry. In December 2023, President Biden signed a proclamation pardoning individuals who committed or were convicted of federal marijuana possession offenses.

While 2023 did not see historic cannabis legislation passed, it did see continued momentum toward legalization at both the state and federal levels. It also saw a focus on increasing protections for industries and ancillary businesses that are critical to the growth of the cannabis industry. 

With public support at an all-time high, we will continue to monitor this momentum as state legislatures begin their work and voters head to the ballot box this November.

Thank you for listening to Womble Perspectives. If you want to learn more about the topics discussed in this episode, please visit The Show Notes, where you can find links to related resources mentioned today. The Show Notes also have more information about our attorneys who provided today's insights, including ways to reach out to them.

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