This Week’s Election Results Are a Discouraging Sign for Drug Policy Reformers
The last time voters sent Donald Trump to the White House, I barely noticed on Election Night because I was so pleasantly surprised by the electoral success of marijuana reform. In 2016, voters in California, Maine, Massachusetts, and Nevada approved recreational legalization, while voters in Arkansas, Florida, Montana and North Dakota approved or expanded medical use. Two years later, Michigan joined the first list, while Missouri, Oklahoma, and Utah joined the second.
In 2020, recreational initiatives won in Arizona, Montana, and New Jersey; Mississippi voters approved marijuana as a medicine; South Dakota voters approved both steps simultaneously; Washington, D.C., voters told police to leave psychedelic users alone; and Oregon voters passed two groundbreaking drug policy measures—one authorizing state-licensed “psilocybin service centers,” the other decriminalizing low-level possession of all drugs. The 2022 midterms delivered another important victory: Colorado voters approved a measure that decriminalized five naturally occurring psychedelics.
This year’s results look quite different. Legalization of recreational marijuana lost in Florida, North Dakota, and South Dakota, where a legal challenge had nixed the 2020 initiative. Nebraska voters overwhelmingly approved medical marijuana, but a pending legal challenge may prevent implementation of that policy. A Massachusetts psychedelic initiative similar to Colorado’s went down by a double-digit margin. And California voters overwhelmingly approved an initiative, Proposition 36, that restores felony penalties for some drug possession offenses, reinforcing the message that Oregon legislators sent when they overturned decriminalization earlier this year.
These disappointing developments suggest that the collapse of pot prohibition is slowing, that the road to broader pharmacological freedom will be bumpier than reformers hoped, and that the punitive mentality of the war on drugs still appeals to many Americans, even in blue states. But there are a few brights spots.
Medical use of marijuana was so controversial when California became the first state to allow it in 1996 that a Democratic administration threatened to punish doctors for recommending cannabis to their patients. Today medical marijuana is widely accepted even in deep red states.
While Florida’s legalization initiative fell short of the 60 percent threshold required for a constitutional amendment, it was nevertheless favored by 56 percent of voters, including the Republican who won the presidential election. In fact, the marijuana initiative proved just as popular in Florida as Trump did, which is striking given the state’s increasingly red political demographics. The appeal of legalization in Florida is consistent with national polling data indicating that Republicans, despite the backlash epitomized by Gov. Ron DeSantis’ olfactory opposition to allowing recreational marijuana, are turning against pot prohibition.
According to Gallup, 70 percent of Americans—including 87 percent of Democrats, 70 percent of independents, and 55 percent of Republicans—think marijuana should be legal. Medical use is legal in 38 states (not including Nebraska), 24 of which, accounting for most of the U.S. population, also allow recreational use. For the first time ever, both major-party presidential candidates this year were supporters of state or federal legalization.
Reformers inclined toward optimism can also cite the election results in Dallas, where I live. Two-thirds of Dallas voters approved an initiative that instructs local police to refrain from arresting people for marijuana possession misdemeanors, which include simple possession of less than four ounces, unless the offenses are discovered while investigating a violent felony or during a “high priority” drug felony investigation. Except in those circumstances, the initiative also says,
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