Marijuana policy in the United States has undergone significant transformation in recent decades, reflecting a bipartisan shift in public opinion and a growing acceptance of marijuana for both medical and recreational use. States and localities are moving faster than the federal government to expand access to marijuana, mainly through ballot measures.
The spotlight this election season is on Florida, where advocates and the medical marijuana industry are working to legalize recreational marijuana for adults via a ballot measure. If passed next month, the measure would alter the state constitution to allow legal cannabis. Voters in two less populous states - Nebraska and South Dakota -also have the chance to legalize recreational marijuana for adults through ballot measures this year.
State-level ballot initiatives bypass the often slow and contentious legislative process. Supporters of the initiative process cite more direct and democratic decision-making. This has allowed marijuana legalization to take hold in states that often seem opposite politically— both majority-Democrat Colorado and majority-Republican Ohio have legalized recreational marijuana through ballot measures.
Marijuana has been considered a dangerous and illegal drug for decades, although it also has historical use as medicine to treat pain and some ailments. The federal government considers marijuana as a “Schedule I” controlled substance under the federal Controlled Substances Act of 1970, indicating a high potential for abuse and no accepted medical use. This classification has posed significant barriers to research, medical applications, and both federal and state-level legalization efforts.
However, the Biden Administration has moved to reclassify marijuana as a less dangerous “Schedule III” drug. Marijuana would remain illegal at the federal level, but this move will allow greater research into the medical uses of cannabis and helps to remove the stigma around marijuana use for recreational purposes. Republican presidential nominee former President Donald Trump supports the change, meaning it is very likely that this policy would remain in effect no matter who wins in November.
Both Trump and Vice President Kamala Harris, the Democratic nominee, support recreational marijuana for adults. Both have said that no one should be arrested for simple marijuana possession.
While federal policy evolves, states have been at the forefront of marijuana legalization, often through ballot measures. To date, 24 states and the District of Columbia have legalized recreational marijuana, while 38 states and the District of Columbia have legalized medical marijuana.
Florida provides a compelling case study of how states are addressing marijuana legalization through ballot measures. In 2016, Florida voters approved a ballot measure legalizing medical marijuana with 71% of voters in support. Building on this momentum, advocates have introduced Amendment 3 in 2023, which seeks to legalize recreational marijuana for adults aged 21 and older.
The campaign in Florida, trying to hold the Democratic base vote and cement support from Republicans, has centered messaging around safety, economic opportunity, and individual freedom. Supporters of Amendment 3 say the ballot measure will provide adult Floridians access to safe, lab-tested marijuana, up to $431 million in new tax revenue annually, and end the unnecessary arrest of individuals for simple marijuana possession.
The campaign successfully garnered significant support from across the political spectrum, from former President Trump to the Libertarian Party of Florida to the Florida Democratic Party and both Democratic legislative caucuses. The campaign is even running ads featuring two state senators, a Republican and a Democrat, standing side by side to discuss how they found common ground on the issue of recreational marijuana.
The bipartisan political consensus in Florida follows public opinion, which has swung toward acceptance of marijuana, and underscores how states are balancing economic, social and public health considerations as policies catch up.