This article was originally published by the National Organization for the Reform of Marijuana Laws (NORML) and appears here with permission.
States Embrace Adult-Use Marijuana Legalization
In 2023, Delaware, Minnesota, Ohio, and Maryland enacted laws legalizing adult-use marijuana possession, with Maryland commencing regulated sales in July. With more citizens residing in state-legal cannabis jurisdictions, NORML’s Deputy Director Paul Armentano declared the tipping point reached.
HHS Urges DEA to Reclassify Cannabis
A leaked Department of Health and Human Services letter recommended that the US Drug Enforcement Administration reclassify cannabis from a Schedule I to a Schedule III controlled substance under federal law, a proposal which the Biden Administration initiated the review of but the DEA has yet to act on.
NORML criticized proposals calling for cannabis to be rescheduled from Schedule I to Schedule III, opining that rescheduling fails to provide states with explicit legal authority to regulate cannabis within their borders without federal interference.
Record Public Support For Legalizing Cannabis
Gallup polls in November revealed a record 70 percent of US adults support the legalization of marijuana, a 19-point surge since 2014. NORML’s Political Director Morgan Fox noted widespread satisfaction with legalization policies, attributing rising support to their positive impact and the public’s preference for regulation over prohibition.
Additionally, Gallup polls showed that most US adults perceive marijuana use as less harmful than alcohol or cigarettes, with half of all American adults acknowledging having tried cannabis.
Increasing Workplace Protections for Cannabis Consumers
Michigan and Washington enacted legislation halting pre-employment marijuana testing for non-safety-sensitive positions. Other states and municipalities, including California, Connecticut, District of Columbia, Minnesota, Montana, New Jersey, and New York, implemented similar measures in support of cannabis consumption rights.
Positive Trends in Marijuana Legislation
Broader Protection for Cannabis Consumers in the Workplace
Rhode Island has recently implemented workplace protection laws that limit an employer’s ability to conduct on-the-job testing for marijuana metabolites or penalize employees for off-duty cannabis consumption. As cultural and legal norms shift, Paul Armentano, Deputy Director of NORML, is calling for workplace policies to adapt to this new reality and cease punishing employees for off-hours activities with no bearing on workplace safety or productivity.
Federal Courts Reject Second Amendment Ban for Marijuana Consumers
In a landmark decision last August, judges within the 5th U.S. Circuit Court of Appeals ruled against applying a 1968 federal law that prohibits the possession or sale of a firearm to an “unlawful user” of a controlled substance so broadly that it would criminalize all gun owners with a history of marijuana use. NORML Legal Committee members filed an amicus brief, calling on the court to find the ban unconstitutional. This decision came in the wake of similar rulings in federal courts in Oklahoma and Texas, signifying a significant shift in marijuana-related legal precedent.
Marijuana Arrests Fall to 30-Year Low
Data compiled by the FBI’s Crime Data Explorer indicates that state and local police made at least 227,108 arrests for marijuana violations last year—marking the lowest rate since the early 1990s. This decline follows a peak in 2007, when police made over 870,000 marijuana-related arrests, representing just under half of all drug-related arrests in the US. These statistics reflect a marked departure from previous decades’ approaches to cannabis law enforcement.
POTUS Issues Pardon Proclamation for Those with Marijuana-Related Convictions
In December, President Joe Biden expanded the pool of marijuana offenders eligible for federal pardons, commenting that criminal records for marijuana use and possession had needlessly impeded employment, housing, and educational opportunities. With nearly 7,000 Americans eligible for relief under this directive, there is newfound hope for those previously affected by nonviolent federal marijuana-related convictions, signaling a significant shift in federal attitudes towards cannabis-related offenses.
Teen Marijuana Use Remains Below Pre-Pandemic Levels
Federally funded surveys by the University of Michigan and the Substance Abuse and Mental Health Services Administration reported that rates of teens’ marijuana use are currently below pre-pandemic levels and near historic lows. These findings indicate that the adoption of statewide adult-use legalization laws appears to have little impact on young people’s cannabis consumption habits, offering reassurance about the impact of regulated cannabis access on young individuals.
FDA Fails to Establish Rules for Hemp-Derived Cannabis Products
In a surprising move, the US Food and Drug Administration announced that it was abandoning efforts to craft regulations governing the production and sale of hemp-derived products containing high levels of CBD and other cannabinoids. This decision signals a lack of regulatory oversight for a rapidly growing industry and a potentially transformative shift in the treatment of these products.
Notable Progress in Cannabis and CBD Industry Unveiled
Following five years of scrutiny, the FDA acknowledged its incumbent regulatory framework governing foods and dietary supplements proves inadequate in overseeing hemp-derived products and has called upon Congress to intervene in the matter.
Industry Advocacy Wins Federal Support
Advocacy organizations, including NORML, have persistently urged the FDA to establish comprehensive guidelines pertaining to the production, testing, labeling, and marketing of hemp-derived cannabinoid products. FDA analyses consistently revealed that a significant number of over-the-counter products exhibit variable quality, potency, and potential contaminants, adulterants, or elevated levels of heavy metals.
Kentucky Sets Historic Medical Cannabis Precedent
Governor Andy Beshear recently ratified legislation in March, spearheading Kentucky’s journey as the 38th state to implement an extensive medical cannabis access program. The program is slated to commence operations on January 1, 2025. The move is deemed monumental, given the long-standing public advocacy for legalizing medical cannabis in Kentucky, thus marking a significant milestone for the state and the cannabis industry at large. This development was welcomed by Matthew Bratcher, Executive Director of Kentucky NORML, who lauded the legislation as a historic first step and emphasized the organization’s commitment to continuing its support for Kentucky patients.
NORML, established in 1970, holds the distinction of being the premier continuously operating cannabis advocacy group, not only in the U.S., but worldwide.
Image courtesy of NORML
