Cannabis Legalization in the United States: A Look at Recent Developments and Future Prospects

LOS ANGELES– Last fall, President Joe Biden made headlines when he issued pardons for federal offenders charged and convicted of cannabis possession. However, despite this gesture, cannabis still remains federally illegal, classified as a Schedule I controlled substance. Yet, what set Biden’s actions apart was his directive for the Secretary of Health and Human Services and the Attorney General to review the legal classification of cannabis—an unprecedented move by any president.

While no formal announcement has been made regarding the status of this review, Biden’s administration took another step towards cannabis research expansion by signing the 2022 Medical Marijuana and Cannabidiol Research Expansion Act into law. This legislation streamlined the approval process for federal scientific studies, encouraging more comprehensive research. However, the impact of this legislation on actual medical cannabis research remains to be seen.

Prior to these presidential actions, cannabis research focused primarily on state-level initiatives. Pennsylvania, for example, became the first state to require medical cannabis research as part of its legalization regime in 2016. Other states like California and Colorado also established state-sponsored research programs. However, Pennsylvania stands out as the first state to partner state universities with cannabis producers to collect data and study the efficacy of cannabis.

Taking a look at recent developments in cannabis legalization across the United States over the past three years, there has been a mixture of progress and setbacks. In the November 2020 election, five states—Arizona, Mississippi, Montana, New Jersey, and South Dakota—had initiatives to legalize cannabis on the ballot. The majority of these initiatives passed, solidifying the momentum for legalization. Subsequently, five more states expanded marijuana legalization between November 2020 and May 2022, including states like New York, New Mexico, and Virginia.

However, the November 2022 elections brought some setbacks, particularly in Republican-controlled states. Out of the five states that placed voter initiatives for marijuana legalization on the ballot, only Maryland and Missouri successfully legalized adult recreational use. Arkansas, North Dakota, and South Dakota voted against recreational legalization. These losses were attributed to the rise of a more anti-vocal political establishment, where cannabis legalization became entangled with other divisive social issues.

Despite these setbacks, progress continues in other parts of the country. Kentucky, with an overwhelmingly Republican General Assembly but a Democratic governor, legalized medical marijuana through executive order in November 2022, with subsequent legislative endorsement. Minnesota recently joined the ranks of states legalizing adult recreational use, with Governor Tim Waltz signing the bill into law.

As of today, 23 states have legalized recreational cannabis, while 15 states have exclusive legalization for medical use. Nine states have severely limited access to cannabis. Only three states—Idaho, Kansas, and Nebraska—and the US territory of American Samoa maintain complete prohibition.

Looking ahead, the timeline for the review of cannabis’s legal classification by Attorney General Garland and HHS Secretary Becerra remains uncertain. Lawmakers have called for more transparency in the review process and a clearer stance on federal marijuana de-scheduling. Progress towards federal legalization may become more apparent leading up to the 2024 election.

Additionally, the states of Florida and Ohio show active movement towards expanding legalization. Florida is currently verifying signatures for a ballot initiative that, if approved, could place recreational legalization on the state’s November 2024 ballot. In Ohio, a coalition is gathering signatures to legalize adult recreational use, with a majority of voters in favor of such a measure according to recent surveys.

Overall, despite the retrenchment observed in some states, the trend of cannabis legalization continues to advance across the country. With states like Florida and Ohio on the cusp of legalizing adult recreational use and ongoing studies supporting federal legalization, it seems inevitable that cannabis will become legal in more parts of the United States in the near future.