The upcoming 2024 U.S. election is set to be a critical moment for cannabis policy nationwide. As candidates at all levels of government outline their stances, the results could bring significant changes to the industry, impacting both the legal status of cannabis and how cannabis businesses operate. This blog explores the landscape of cannabis policy in the lead-up to the 2024 election, key candidate positions, and what the future might hold for the industry.
The Current Cannabis Policy Landscape in the United States
As of today, 23 states and the District of Columbia have legalized recreational cannabis, and 38 states have approved medical cannabis programs. For a comprehensive overview of these state programs, Flourish Software offers a detailed state guide, including information on their government-mandated track and trace software.
While this marks tremendous progress, cannabis remains illegal at the federal level, classified as a Schedule I substance under the Controlled Substances Act. This federal status equates cannabis with drugs like heroin and LSD, asserting that it has no accepted medical use and a high potential for abuse.
In recent years, however, there have been significant moves toward rescheduling cannabis to a lower category. In late 2022, President Biden directed the Department of Health and Human Services (HHS) and the Drug Enforcement Administration (DEA) to review cannabis’ classification. Rescheduling it to a Schedule II or III substance would acknowledge its potential medical uses and reduce some of the barriers faced by the cannabis industry, particularly in terms of research and 280-E taxation.
As a Schedule I substance, cannabis businesses face unique challenges, including a lack of federal tax deductions available to other businesses due to IRS Code Section 280E. If cannabis were rescheduled, these businesses would gain access to traditional banking services, allowing for greater economic stability and growth within the industry. While rescheduling falls short of full federal legalization, it represents a substantial step forward and is one of the key issues to watch as we approach the 2024 election.
Presidential Candidate Stances on Cannabis Policy
Democratic Candidate: Kamala Harris
Vice President Kamala Harris has expressed pledging for federal cannabis legalization and criminal justice reform. As a senator, she co-sponsored the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which aims to decriminalize cannabis at the federal level, expunge certain cannabis-related convictions, and invest in communities disproportionately affected by the War on Drugs.
Republican Candidate: Donald Trump
Former president Donald Trump announced his support in reclassifying marijuana and expanding banking access for cannabis businesses. He has also indicated support for state-led recreational legalization efforts, including a ballot measure in Florida.
During his presidency, he allowed states to pursue their own cannabis policies but did not advocate for federal legalization. While Trump has occasionally voiced support for medical cannabis, he has stopped short of endorsing recreational legalization.
State Cannabis Ballot Initiatives in 2024
The 2024 election will feature several state-level ballot initiatives that could significantly alter cannabis policy across the United States.
Florida: Amendment 3
In Florida, Amendment 3 represents the latest attempt to bring recreational cannabis to Florida. Voters will decide whether to legalize adult-use cannabis. Although a similar measure nearly passed in 2014, it fell short of the required 60% threshold.
Despite efforts to reintroduce similar measures in 2016, 2018, 2020, and 2022, Florida advocates have yet to secure enough signatures to get adult-use cannabis on the ballot. However, medical marijuana was legalized in 2016, with a resounding 71% approval from voters.
Nebraska: Medical Cannabis Initiatives
In Nebraska, voters will have the opportunity to weigh in on two medical cannabis measures in 2024.
1. The Nebraska Medical Cannabis Patient Protection Act (Measure 437) aims to protect patients and caregivers from prosecution for using cannabis as prescribed by healthcare providers.
2. The Nebraska Medical Cannabis Regulation Act (Initiative 438) would create a commission to oversee a statewide medical cannabis program. These initiatives come after a court ruling blocked Nebraskans from voting on medical cannabis in 2020, underscoring the ongoing battle for cannabis reform in the state.
North Dakota: Measure 5
North Dakota residents will vote on Measure 5 to legalize adult-use cannabis. Despite previous attempts by the state legislature to introduce legalization bills, they have not garnered enough support. In both 2018 and 2022, North Dakota voters rejected similar measures.
This year, Measure 5 offers another chance for legalization, with advocates hopeful that growing support might finally secure the votes needed for a successful outcome.
South Dakota: Measure 29
South Dakota will again decide on legalizing cannabis for adults 21 and older with Measure 29. The state previously made headlines in 2020 by becoming the first to legalize medical and recreational cannabis simultaneously, but the state Supreme Court overturned the adult-use measure due to procedural issues. In 2022, voters narrowly rejected another adult-use measure.
If Measure 29 passes, South Dakotans will be able to legally possess, use, and distribute cannabis under a regulated system.
Additional Resources for This Election Year :
Here are some additional resources that you can use to learn more about cannabis and the upcoming 2024 election:
National Cannabis Industry Association (NCIA) Congressional Scorecard
Founded in 2010, NCIA is the oldest, largest, and most effective trade association serving the cannabis industry.
Using their Congressional Scorecard Map, users can select a state to explore where members of Congress stand on key cannabis reform issues, such as adult-use legalization and banking access; and see which representatives have co-sponsored priority industry legislation.
National Organization for the Reform of Marijuana Laws (NORML) Voting Guide
Since its founding in 1970, NORML advocates for Americans who oppose marijuana prohibition and seek to end the criminalization of responsible cannabis use.
Using their "Smoke the Vote" Guide, users can enter their address or 9-digit zip code to see the voting guide for their district.
Shaping the Future of Cannabis Policy: VOTE!
With Election Day (November 5th, 2024) fast approaching, now is the time to make your voice heard on federal legalization and state ballot initiatives. Ensure you’re registered to vote and ready to participate. For more information on how to register, visit here
Flourish Software: Supporting Cannabis Through Reform and Beyond
As the 2024 election approaches, cannabis reform is once again a prominent issue, with potential outcomes ranging from expanded medical access to full federal legalization. This pivotal moment could reshape the industry for advocates, consumers, and businesses alike.
Regardless of the election's outcome, compliance will remain a cornerstone of the cannabis industry. Since 2017, Flourish Software has been dedicated to helping operators navigate complex regulatory challenges, offering tools that ensure compliance at every level. With a commitment to innovation and a track record of success, Flourish Software is prepared to support the industry through any changes on the horizon.
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