States Enact Adult-Use Marijuana Legalization Laws
This significant shift in policy struck the marijuana market like a lightning bolt in 2023 when multiple states, including Delaware, Minnesota, Ohio, and others, took the bold step of legalizing adult-use marijuana. Maryland, in a similar vein, regulated adult-use marijuana sales, marking a revolutionary shift in the cannabis landscape.
HHS Recommends Reclassifying Cannabis
In a breakthrough development, the Department of Health and Human Services (HHS) advocated for the reclassification of cannabis from a Schedule I to a Schedule III substance. Though the Drug Enforcement Administration (DEA) is yet to take action, this move carries profound implications for the industry.
Mounting Support for Cannabis Legalization
Public opinion on cannabis legalization surged in 2023 with a record 70% of US adults backing the move. This rise in support reflects a seismic shift in societal acceptance and demonstrates the enduring appeal of cannabis legalization.
Expansion of Workplace Protections for Cannabis Consumers
Michigan and Washington led the charge in 2023 by implementing laws preventing public employers from conducting pre-employment marijuana testing for non-safety-sensitive positions. Several other states and municipalities followed suit, signaling a marked departure from prior practices.
Regulatory Developments in the World of Cannabis
Shifting Landscapes in the Workplace
Rhode Island recently enacted broader workplace protection laws limiting employers’ ability to conduct on-the-job testing for marijuana metabolites or to sanction employees for their consumption of cannabis while off the job. Paul Armentano, NORML’s Deputy Director, noted that these decisions reflect the changing cultural and legal landscape surrounding cannabis. He indicates that it’s time for workplace policies to adapt to this new reality and to cease punishing employees for activities they engage in during their off-hours that pose no legitimate threat to either workplace safety or productivity.
Challenges to Federal Laws
Federal courts have been re-evaluating the ban on gun ownership for marijuana consumers. Judges with the 5th U.S. Circuit Court of Appeals ruled that a 1968 federal law prohibiting the possession or sale of a firearm to an “unlawful user” of a controlled substance should not be applied so broadly that it would criminalize all gun owners with a history of marijuana use. This is a turning point in interpreting federal laws related to marijuana, as it shows a shift in perspective.
Decline in Marijuana Arrests
According to data compiled by the FBI’s Crime Data Explorer, state and local police made at least 227,108 arrests for marijuana violations last year. Not since the early 1990s has the FBI reported so few annual marijuana-related arrests. This decline represents a significant shift in law enforcement priorities and attitudes towards marijuana.
Pardoning Nonviolent Offenders
President Joe Biden issued a directive in December expanding the pool of marijuana offenders eligible for federal pardons. This move aims to right the wrongs caused by criminal records for marijuana use and possession, which have imposed needless barriers to employment, housing, and educational opportunities. The President’s actions represent a recognition of past injustices and the need for reform in addressing the consequences of nonviolent marijuana offenses.
Trends in Teen Marijuana Use
Federally funded surveys by the University of Michigan and the Substance Abuse Mental Health Services Administration report that rates of teens’ marijuana use are below pre-pandemic levels and near historic lows. These findings debunk common misconceptions and demonstrate that the adoption of statewide adult-use legalization laws is not linked to any uptick in cannabis use by young people.
Regulatory Challenges for Hemp-Derived Cannabis Products
Representatives of the US Food and Drug Administration announced in February that they were abandoning efforts to craft regulations governing the production and sale of hemp-derived products containing high levels of CBD and other cannabinoids. This decision reflects the challenges and complexities surrounding the regulation of cannabis-related products at the federal level.
FDA Calls on Congress for Regulation of Hemp-Derived CBD Products
Years of Study and FDA’s Call to Action
After five years of study, the FDA has acknowledged that its existing rules are insufficient to handle the regulation of hemp-derived products. This acknowledgment has prompted the FDA to call upon Congress to address this issue urgently.
NORML’s Persistent Advocacy
NORML and other advocacy groups have persistently urged the FDA to establish comprehensive regulatory guidelines for the production, testing, labeling, and marketing of hemp-derived cannabinoid products. Analyses conducted by the FDA and other institutions have consistently highlighted the variable quality, potency, and potential contaminants, adulterants, and elevated levels of heavy metals in these over-the-counter hemp-derived products.
Kentucky’s Historic Legalization of Medical Cannabis Access
Governor Andy Beshear of Kentucky signed legislation in March, leading to the state becoming the 38th in the nation to legalize comprehensive medical cannabis access. The state’s Cabinet for Health and Family Services is tasked with implementing a program for medical cannabis access, expected to be operational by January 1, 2025. Kentucky NORML’s Executive Director, Matthew Bratcher, expressed excitement, stating, “This is a historic first step, and we look forward to continuing our work representing Kentucky patients.”
NORML, the oldest continuously functioning cannabis advocacy group, was founded in 1970 in the United States
Image courtesy of NORML