November 13, 2024

Support for Cannabis Legalization Stays Strong Amid Election Night Challenges

November 13, 2024
cannabis legalization

Cannabis continues to be on the ballot consistently, and the 2024 presidential election was proof of that once again. Despite the mixed results on election night, public support for legalizing cannabis remains near its all-time high and momentum in favor of reforming America’s failed cannabis criminalization policies continues to grow..

An overwhelming share of U.S. adults (88%) say marijuana should be legal for medical or adult use. However, in the 2024 U.S. presidential election, multiple states presented ballot measures and amendments focused on cannabis laws, reflecting the ongoing trend toward legalization and reform. Election day didn’t bring the green wave cannabis advocates hoped for. Three major states—Florida, North Dakota, and South Dakota—saw their recreational cannabis measures fail.

Cannabis on the Ballot: 2024 Election Recap

Nebraska voters approved two initiatives: Initiative 437 (Medical Cannabis Patient Protection Act) and Initiative 438 (Medical Cannabis Regulation Act). These measures collectively implement the state’s first medical cannabis program, allowing patients with qualifying conditions to possess and use cannabis under medical supervision​

Texas voters narrowly rejected Amendment 12, which would have legalized recreational cannabis use for adults 21 and over. Despite strong advocacy, the measure did not achieve the majority needed.. 

Florida’s outcome highlights another obstacle: supermajority requirements. Despite garnering 56% of the vote—a clear majority—the state’s recreational cannabis measure fell short of the 60% threshold needed to pass constitutional amendments.

Cannabis and Political Parties

While there were a few wins, for the amount of cannabis that was on the ballot, election day was still tough for cannabis legalization advocates. Cannabis legalization remains a divisive issue along party lines. While Democrats largely back the movement, support among Republicans lags significantly, contributing to restrictive cannabis laws in red states. This divide was obvious  in both North and South Dakota, where adult use cannabis was defeated for the third time in 2024. Activists in these states now face tough questions about whether to keep fighting or direct their resources elsewhere.

Medical marijuana often enjoys broader support, and that was evident in Nebraska. Voters approved two separate measures: one to legalize medical use and another to establish a regulatory framework. But victory may be short-lived. Legal challenges threaten to invalidate both measures, leaving the future of medical cannabis in Nebraska in limbo as the courts sort it out.

Does Cannabis Have Presidential Support?

Trump has occasionally voiced support for limited cannabis reforms, like rescheduling and states’ rights to regulate cannabis. Yet, during his campaign and previous presidency, cannabis wasn’t a priority. While Trump offered lukewarm support for Florida’s Amendment 3, his focus on core GOP issues like immigration leaves little room for optimism about cannabis legalization becoming a top agenda item.

At the current federal level, the Biden administration initiated a rescheduling process that could move cannabis from Schedule I to Schedule III, placing it alongside substances like ketamine and Tylenol with codeine. While this would ease some federal restrictions, it doesn’t pave the way for widespread recreational use. Instead, it could lead to tighter medical regulations, far from the “regulate like alcohol” approach that fueled early legalization victories.

Will Cannabis be Legalized Federally?

The path forward for cannabis legalization remains uncertain. The ballot initiative process, a crucial tool for bypassing legislative roadblocks, appears less effective in red wall states. Even when measures pass, as seen in South Dakota in 2020 and potentially Nebraska now, state officials can undermine implementation through legal and procedural challenges.

Cannabis advocates now face a crucial moment of reflection. The failures of November 5 highlight the challenges of advancing legalization in deeply conservative states and under Republican leadership. Moving forward will require adapting strategies, focusing on incremental progress, and perhaps finding new ways to connect with voters across the political spectrum.

The road may be long, but for those committed to cannabis reform, the fight is far from over. These results underscore the ongoing momentum toward cannabis legalization and reform across the U.S., with more states embracing comprehensive medical and recreational cannabis laws. As new reforms take effect, the national cannabis landscape continues to evolve, reflecting shifting public opinions and policy priorities in diverse regions.

Minorities for Medical Marijuana, Inc. (M4MM) is the largest nonprofit organization supporting social justice in the cannabis and hemp industry.  Established in May 2016, M4MM serves 27 states and 4 international countries through the work in our National Programs. M4MM’s mission is focused on providing advocacy, outreach, research, and training as it relates to business, social reform, public policy, and health/wellness in the cannabis industry. 

The U.S. Cannabis Council’s David Culver, Senior Vice President, released the following statement in response to the presidential election: “The cannabis community has every reason to be optimistic with President Trump returning to the White House. He has endorsed the SAFE Banking Act and reclassification of cannabis, and he supports cannabis reform that protects consumer safety and prevents youth access. We look forward to working with his administration to advance meaningful federal reform.”

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