Drug legalization takes massive hit in state referenda

Measures to legalize recreational marijuana failed in Florida, North Dakota, and South Dakota, despite record spending from the cannabis industry already operating in those jurisdictions.

Support for the Florida constitutional amendment, Amendment 3, to legalize recreational marijuana only received 55.9% of the vote as of 9:49 a.m. Wednesday, according to the Associated Press. A 60% supermajority threshold was necessary to amend the Florida constitution.

The “No” vote to the marijuana legalization efforts in both North Dakota and South Dakota received outright majorities.

North Dakota’s Measure 5 was voted down 52.5%-47.5% with 99% of the vote counted as of 4:08 a.m. Wednesday. The “No” vote for South Dakota’s Measure 29 received 56.3% of the vote compared to 43.7% in favor with 90.3% of the ballots counted, also as of Wednesday morning.

Massachusetts also heartily rejected an effort to legalize the medical and recreational use of psychedelic drugs, including psilocybin and psilocin.

According to the Associated Press, the ballot measure was voted down 56.9%-43.1% with 90.3% of the vote counted as of 9:28 a.m. Wednesday.

The legalization effort was dealt a decisive blow in mid-October by the Boston Globe, whose editorial board wrote that the measure “goes too far” despite the therapeutic promise of psychedelics for treating PTSD and other mental health conditions.

“Voters by wide margins rejected the legalization of drugs like marijuana and psychedelics from red Florida to blue Massachusetts,” Foundation for Drug Policy Solutions and Smart Approaches to Marijuana President Kevin Sabet said in a statement on the elections. “We expect this Administration to listen to this message loud and clear: More drugs are not good for any community.”

Nebraska medical marijuana is only victory

The two interrelated ballot initiatives for Nebraska were the only drug legalization amendments to pass on Tuesday night.

The Associated Press declared victory for the ballot measure to legalize medical marijuana, Initiative 437, 70.2%-29.3% with 99% of the votes counted as of 6:52 a.m.

The accompanying amendment, Initiative 438, which established the Nebraska Medical Cannabis Commission to regulate the medical marijuana program, passed with 67% of the vote, according to Ballotpedia. Results for Initiative 438 were not tracked by the Associated Press.

Nebraska is now one of 39 states that have legalized medical marijuana, which in the past has signaled that a recreational use policy will be introduced in the coming years.

Future of federal drug policy

Cannabis is still classified as a Schedule I drug under the Controlled Substances Act, along with heroin and ecstasy. Schedule I drugs are determined to have no accepted medical use and a high potential for abuse, and federal penalties for possession and intent to distribute can be severe.

President Joe Biden issued a directive to executive branch agencies in 2022 to begin a review of federal marijuana statutes. The Drug Enforcement Agency this spring started the process of reclassifying marijuana to a Schedule III substance, on par with ketamine and certain anabolic steroids.

Although it was not a major issue in the presidential campaigns, both Vice President Kamala Harris and President-Elect Donald Trump promised to continue with this spirit of drug reform at the federal level.

Trump, a resident of Florida, posted on Truth Social in September that he planned to vote in favor of Amendment 3 because he supported “smart regulations” for cannabis at the state level.

“As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug, and work with Congress to pass common sense laws, including safe banking for state authorized companies, and supporting states rights to pass marijuana laws, like in Florida, that work so well for their citizens,” Trump said in September.

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Trump’s perspective on psychedelic drugs has not been as clear, but he has been a strong supporter of increasing access to clinical trials for experimental treatments for potentially fatal diseases.

Over the past two years, there has been strong bipartisan support in Congress for improving funding for the mental health benefits of psychedelic drug use for patients with severe PTSD, particularly combat veterans at risk of suicide.