Could the divide between America and marijuana soon be bridged?

By DAVID A. LIEB
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KANSAS CITY (AP) — There is disagreement over marijuana policy among U.S. states and federal governments, but recent political developments could lead to greater acceptance of cannabis in the country.

Both major presidential candidates have signaled their support for a federal policy change aimed at classifying marijuana as a less dangerous drug, and this fall voters in several more states will have a say in legalization.

Although marijuana is still illegal under federal law, public acceptance of the substance has increased significantly – and with it the number of states where it is legally sold commercially.

What does the law say?

Possession of marijuana is a federal crime punishable by fines and prison time. Selling or growing marijuana is a more serious federal crime punishable by prison time ranging from five years to life, depending on the amount of the drug.

However, many states have abolished their own penalties for marijuana use.

Twenty-four states and the District of Columbia — representing 53 percent of the U.S. population — have legalized marijuana and now tax and regulate its sales similarly to alcohol, according to the Marijuana Policy Project, which supports cannabis legalization. Another seven states have eliminated prison sentences for possession of small amounts of marijuana. A total of 38 states and the District of Columbia have laws allowing the medical use of marijuana.

What's going on in Washington?

The Justice Department proposed in May to reclassify marijuana from a Schedule I drug to a less dangerous Schedule III drug, which includes ketamine and some anabolic steroids, but the change is a lengthy process.

The Drug Enforcement Administration has scheduled a hearing for Dec. 2 to take comments on the proposal, meaning a final decision could come after President Joe Biden leaves office in January.

Vice President Kamala Harris, the Democratic presidential candidate, supports the decriminalization of marijuana and called it “absurd” that marijuana is classified as a Schedule I drug alongside heroin and LSD.

Former President Donald Trump, the Republican presidential nominee, also signaled his support for the policy change last week, posting on his social media platform that he would “continue to focus on research to explore the medical uses of marijuana as a Schedule 3 drug” and said he would vote “yes” on a ballot proposal in Florida to legalize recreational marijuana.

What is on the ballot?

The Florida initiative would allow the sale of marijuana to people over 21 for medical purposes at existing dispensaries, with lawmakers potentially allowing additional retailers to be licensed. The proposal must pass with at least 60% of the vote and would take effect six months after voter approval.

The campaign was the most expensive of nearly 160 bills on state ballots this year, raising tens of millions of dollars mostly from supporters, according to election-watching organization Ballotpedia. Opponents include the Florida Republican Party and Gov. Ron DeSantis, who said the campaign would reduce the quality of life by leaving a marijuana stench in the air.

Voters in North and South Dakota will be asked for the third time whether to legalize marijuana beyond medical use. A simple majority is required for the measures to pass.

Nebraska Secretary of State Bob Evnen said the initiatives to legalize and regulate medical marijuana appear to have enough signatures to put them on a statewide ballot. He has until Friday to certify the measures for the ballot.

What are people saying?

In a Gallup poll conducted last year, about 70 percent of American adults said marijuana should be legal, the highest number the polling firm has recorded since it first surveyed marijuana policy in 1969. By comparison, 20 years ago, only about a third of respondents supported marijuana legalization.

Last year's Gallup poll found that marijuana approval is highest among young voters, a key demographic in seven swing states.

An analysis of data from a nationwide survey released earlier this year found that in 2022, an estimated 17.7 million people reported using marijuana daily or almost daily – a dramatic increase from fewer than a million people in 1992. Although alcohol use is still more widespread, the report marks the first time that the number of Americans who use marijuana almost daily has exceeded the number who drink that often.

What happens to similar medications?

As legal marijuana becomes more widely available, some state officials are fighting the sale of unregulated products made from hemp, which is federally classified as different from marijuana. Some of these products are sold in packaging that resembles ordinary candy or chips and contain delta-8 THC, a synthetic form of CBD that is common in hemp.

Some states have banned or restricted synthetic hemp products, including South Dakota and Wyoming, where new laws took effect on July 1. Indiana authorities have asked stores to remove delta-8 THC products because they say they also contain illegal amounts of the psychoactive delta-9 THC found in marijuana.

In Missouri, where marijuana was legalized in 2022, Republican Gov. Mike Parson raised concerns about certain hemp products being marketed to children and ordered a tougher crackdown by the state Department of Health. He and Attorney General Andrew Bailey announced Tuesday the creation of a task force focused on unregulated psychoactive cannabis products.

“We are not the only state facing this problem, and we are not the only state taking action,” Parson said.