Voters in five U.S. states - Missouri, North Dakota, South Dakota, Arkansas and Maryland - will decide in the upcoming midterm election whether to legalize marijuana, also known as cannabis, for adult recreational use.

Voters in nineteen other U.S. states and territories have already legalized in varying degrees the recreational use of cannabis: Washington state and Colorado in 2012. Oregon, Washington, D.C., and Alaska in 2014. California, Massachusetts, Maine, and Nevada in 2016. Vermont and Michigan in 2018. Illinois and the U.S. territory of Guam in 2019. Arizona, Montana, and New Jersey in 2020. Virginia, New York, New Mexico, and Connecticut in 2021; followed by Rhode Island in 2022.

The laws have paved the way for businesses to obtain state retail licenses, cannabis users to possess set amounts and home-growers to cultivate a limited number of plants for personal use.

WHAT IS MARIJUANA?

Tetrahydrocannabinol, or THC, is the main psychoactive component in marijuana.  THC is carried through the bloodstream to the brain when the dried flowers of the plant are smoked or processed and consumed.  Many users say that using THC produces a temporary and mild euphoria, and a sense of pleasantness and relaxation. 

THC attaches to and activates certain receptors in the brain that can affect pleasure, cognition, movement, coordination and concentration, according to the National Institute on Drug Abuse.

Laughter, confusion, paranoia, anxiety and increased appetite are other reported side effects of cannabis consumption, which is still classified at the federal level as a Schedule 1 drug alongside heroin and fentanyl, under the Controlled Substances Act.

BIDEN PARDONS PREVIOUS OFFENDERS

Earlier this month, U.S. President Joe Biden announced he would pardon thousands of people federally convicted for simple marijuana possession. Biden also encouraged the classification of the substance as a Schedule 1 drug to be reviewed and reconsidered by both federal and state governments.

“Just as no one should be in a Federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either,” Biden said.

Advocates say the easing of marijuana laws will most likely have a positive impact on the racial imbalances surrounding incarcerations in the U.S. justice system.

IS THE LEGALIZATION OF MARIJUANA A PARTISAN ISSUE?

A recent Morning Consult/Politico poll showed that 60 percent of American respondents support the legalization of recreational cannabis use.

Democrats are more likely to support legalization, with 71 percent of Democrats in favor and 16 percent opposed, according to the poll. 

Still, 73 percent of Republicans largely backed medical marijuana legislation in another Politico poll conducted by Fabrizio, Lee & Associates, but remained divided on the matter of recreational use for adults, with 47 percent in favor of passing legalization and 46 percent opposed.

HOW IS MARIJUANA IS LEGAL IN SOME PARTS OF THE U.S.? 

LEGAL CANNABIS IN COLORADO

Adults over 21 can possess and give away up to an ounce of cannabis and grow up to six plants each, limited at 12 plants per residence.  Public use is illegal.

LEGAL CANNABIS IN CALIFORNIA

Adults over 21 can possess, purchase or give away up to an ounce of cannabis, up to 8 grams of concentrated cannabis and grow up to six plants. Public use and use in a motor vehicle are illegal. Licensed dispensaries pay state sales tax plus an excise tax of 15 percent.

LEGAL CANNABIS IN WASHINGTON, D.C.

No regulated recreational market has been established in the District, despite cannabis being legalized.  Since recreational sales are not legal, the cannabis industry in the District is based on ‘gifting’ services, where consumers purchase another item and receive a ‘gift’ of cannabis. Adults over 21 can possess up to two ounces, transfer one ounce or less, and grow up to six plants with no more than three flowering at one time.

LEGAL CANNABIS IN ALASKA

Adults over 21 can possess and disperse up to one ounce of cannabis, can grow up to six plants, but only three of the plants can be in flower at a time.  Public use is illegal. Licensed dispensaries are legal, with an excise tax paid by the cultivator.

LEGAL CANNABIS IN OREGON

Adults over 21 can possess an ounce of cannabis in public, and up to 8 ounces at home. It is permitted to have 16 ounces of a cannabis product, like in edible form, or 72 ounces of a cannabis product in liquid form.  Four plants are allowed.  Public use is illegal.

LEGAL CANNABIS IN VIRGINIA

Adults over 21 can possess up to one ounce of cannabis and grow up to four plants. There was no licensing system for retailers established with the current law.

CANNABIS IN GUAM

Adults over 21 can possess up to an ounce of cannabis and grow up to six plants, but only three can be in flower at a time. Sales remain illegal, but gifting of up to one ounce is permitted.

FIVE U.S. STATES PREPARE TO VOTE ON MARIJUANA LEGALIZATION IN NOVEMBER 

Passage of federal legislation to legalize cannabis has failed in the U.S. Senate, largely due to Republican opposition. And while President Biden’s recent moves around pardoning simple marijuana offenses may benefit close to 6,500 people previously charged, lawmaking around the substance currently remains largely up to each state.

SOUTH DAKOTA

South Dakota previously passed Constitutional Amendment A on the 2020 ballot to legalize recreational use, but the state Supreme Court overturned the vote following a lawsuit by the Republican governor.  Voters will consider Initiated Measure 27 to legalize the possession, use and distribution on Nov. 8.

MISSOURI

A lawsuit aiming to keep the legalization and expungement of marijuana off the Missouri ballot was filed by an affiliate of the Community Anti-Drug Coalitions of America, but the state’s Supreme Court declined to rule on the case, putting the issue in the hands of the state’s voters on Nov. 8.

NORTH DAKOTA

Cannabis advocates believe the New Approach Initiative on North Dakota’s ballot that would allow adults over 21 to use, possess and grow limited amounts of cannabis, has a good chance of passing in the conservative state. In 2018, the North Dakota Petroleum Council contributed to well-funded efforts to keep legalization measures off the ballot but did not join the fight in 2022.

ARKANSAS

Issue 4 on the state’s ballot would allow adults 21 years and older to legally purchase cannabis, and the state to collect a 10 percent tax on it. The board of election commissioners worked to keep Issue 4 off the ballot, but the state’s Supreme Court ordered that it go to voters.

MARYLAND

Question 4 on the ballot seeks to legalize cannabis in Maryland and instructs the legislature to set up a regulated market for the product if approved.

While many Americans are focused on legislation surrounding the economy, inflation and reproductive rights, the results of the November 8 midterm elections will reveal if Missouri, North Dakota, South Dakota, Arkansas and Maryland, the five states currently considering new cannabis legislation, will join the ranks of the 19 other states that have already approved and implemented initiatives.

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