#1: Landmark Adult-Use Marijuana Legalization Laws Sweep the Nation
Delaware, Minnesota, and Ohio took the plunge in 2023, authorizing adult-use marijuana possession and setting timelines for regulating retail cannabis markets. Also, lawmakers in Maryland sanctioned adult-use marijuana sales, which commenced on July 1st.
NORML Deputy Director Paul Armentano expressed, “For the first time since the adoption of federal marijuana prohibition, more US citizens reside in jurisdictions where cannabis is state-legal than live somewhere where it is not.”
#2: HHS Recommends DEA Reschedule Cannabis to Schedule III
According to Bloomberg News, in August, the Department of Health and Human Services (HHS) proposed that the US Drug Enforcement Administration reclassify cannabis from a Schedule I to a Schedule III controlled substance under federal law.
The DEA, which has the final authority regarding drug scheduling under the Controlled Substances Act, has yet to publicly take any action on the matter.
NORML has expressed discontent with proposals to reschedule cannabis, stating, “Rescheduling marijuana fails to provide states with the explicit legal authority to regulate it within their borders as they see fit, free from federal interference.”
#3: All-Time High Support for Legalizing Cannabis Among Americans
A record 70 percent of US adults believe that “the use of marijuana should be legal,” according to nationwide polling datareleased in November by Gallup.
NORML’s Political Director Morgan Fox conveyed, “There’s no ‘buyers’ remorse’ among the public when it comes to legalizing cannabis.” They added, “As more states have adopted legalization, public support for this policy has risen dramatically.”
Furthermore, other polling conducted by Gallup in 2023 revealed that most US adults believe marijuana use poses fewer health risks than alcohol or cigarettes, and that half of all Americans ages 18 and older have tried cannabis.
#4 More States Offer Workplace Protections for Cannabis Consumers
Michigan and Washington enacted legislation in 2023 preventing public employers from conducting pre-employment marijuana testing for non-safety-sensitive positions.
Positive Developments in the Cannabis Industry
Broader Workplace Protection Laws in Rhode Island
Rhode Island has enacted broader workplace protection laws, significantly limiting employers’ ability to conduct on-the-job testing for marijuana metabolites or to sanction employees for their consumption of cannabis outside of work hours. This shift reflects the evolving cultural and legal landscape surrounding cannabis, prompting calls for workplace policies to adapt to this new reality and cease punishing employees for off-duty activities that pose no legitimate threat to workplace safety or productivity.
Federal Courts Reject Second Amendment Ban for Marijuana Consumers
In a significant development, federal courts have ruled against a 1968 federal law that prohibited the possession or sale of firearms to “unlawful users” of controlled substances like marijuana. This decision marks a critical shift in judicial interpretation, emphasizing that mere marijuana use should not automatically criminalize all gun owners. Such rulings reflect the evolving legal attitudes towards marijuana consumption and signal a potential shift in federal regulations.
Marijuana Arrests Fall to 30-Year Low
Data from the FBI’s Crime Data Explorer reveals a substantial decline in marijuana-related arrests, reaching a 30-year low in 2022. This marks a significant departure from the peak of marijuana arrests in 2007, where over 870,000 marijuana-related arrests were reported. These trends exemplify a noteworthy shift in law enforcement priorities, indicating a decreasing emphasis on marijuana-related offenses.
POTUS Issues Pardon Proclamation for Those with Marijuana-Related Convictions
President Joe Biden has issued a directive to expand the pool of marijuana offenders eligible for federal pardons, aiming to rectify the detrimental impact of criminal records for marijuana use and possession. This move acknowledges the injustices perpetuated by strict marijuana policies and aims to right these wrongs, offering a glimmer of hope to those burdened by low-level federal marijuana-related convictions.
Teen Marijuana Use Remains Below Pre-Pandemic Levels
Federally funded surveys affirm that rates of teens’ marijuana use remain below pre-pandemic levels, dispelling concerns about the impact of statewide adult-use legalization laws on young people’s consumption habits. These findings provide reassurance that regulated adult cannabis access does not significantly influence the consumption patterns of young individuals, alleviating concerns about potential adverse effects on teenage marijuana use.
FDA Fails to Establish Rules for Hemp-Derived Cannabis Products
In a notable development, the US Food and Drug Administration has abandoned endeavors to formulate regulations governing the production and sale of hemp-derived products containing high levels of CBD and other cannabinoids. This decision marks a regulatory void in the oversight of hemp-derived cannabis products, potentially impacting the industry’s trajectory and raising questions about the oversight of these products.
Regulatory Progress for Cannabis Industry in 2023
Call for Congressional Action on Hemp-Derived CBD
Following a five-year study, the FDA has determined that its current rules for foods and dietary supplements are insufficient for regulating hemp-derived products. This determination has prompted a call for congressional action to address the issue.
Push for Regulatory Guidelines
Groups like NORML have long advocated for the FDA to establish regulatory guidelines governing the production, testing, labeling, and marketing of hemp-derived cannabinoid products. Various analyses have consistently highlighted the variable quality and potency of over-the-counter products, along with the presence of contaminants, adulterants, and elevated levels of heavy metals.
Kentucky’s Historic Move Toward Medical Cannabis Access
In a significant move, Kentucky’s Democratic Gov. Andy Beshear signed legislation directing the state’s Cabinet for Health and Family Services to implement a comprehensive medical cannabis access program. The program is slated to become operational on January 1, 2025.
Reflecting on the development, Matthew Bratcher, Executive Director of Kentucky NORML, emphasized the significance of this legislative progression for Kentuckians, adding, “While there is still work to be done, this is a historic first step and we look forward to continuing our work representing Kentucky patients.”
NORML was established in 1970 and is the oldest continuously functioning cannabis advocacy group in the U.S. and the world.
Image courtesy of NORML