Another election cycle means cannabis, once again, is on the ballot.
Florida voters will decide a big-money battle over legalizing marijuana for recreational use among adults, something 24 states and the District of Columbia have already done. North and South Dakota will also weigh legalization after previous ballot measures failed.
In Washington, President Biden is racing to reschedule marijuana as a less dangerous drug before the end of his term in January.
Switching the drug from Schedule I to Schedule III would give Mr. Biden a legacy achievement and stave off the risk of former President Donald Trump walking back his stated support for the change if he defeats Vice President Kamala Harris in November.
“There’s a much greater risk, from my seat, of shelving the issue entirely if it’s a Trump presidency versus a Harris presidency,” attorney Kelly Fair, a partner at the Dentons law firm, said in a media call hosted Wednesday by the U.S. Cannabis Council, a trade organization for the regulated cannabis industry. “Either way, an administration change will cause delay.”
Ms. Harris, the Democratic nominee, and Mr. Trump, the Republican nominee, are locked in an intense battle for the White House that will likely be decided by tens of thousands of votes in seven swing states. Polling shows a statistical tie in battlegrounds, so it could take time to declare a winner.
Cannabis-related issues in the states are more straightforward and should be decided by Election Night.
Florida’s Amendment 3 would allow “adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise.”
It would set a limit on how much someone can carry — up to 85 grams of marijuana or 5 grams of marijuana concentrate.
The measure would also let medical marijuana treatment centers and other state-licensed entities “acquire, cultivate, process, manufacture, sell, and distribute” cannabis products and accessories.
The amendment must garner at least 60% support to pass.
Proponents say a legal marijuana program would keep people out of jail for minor drug offenses and is the best way to defeat the black market for cannabis.
They also say legalization is broadly popular among Republicans and Democrats, young and old voters, and even some sheriffs and doctors.
“It is a truly nonpartisan issue,” said Morgan Hill, a spokeswoman for the Smart and Safe Florida campaign in favor of Amendment 3.
Ms. Hill acknowledged there may have to be restrictions on where people can consume marijuana, given complaints about the smell and other concerns.
Opponents of Amendment 3 say parts of the country are regretting their decision to legalize marijuana, given the high potency of today’s pot products and signs more people are taking up the drug.
Smart Approaches to Marijuana, an organization that warns about the potential harm of marijuana use, pointed to a peer-reviewed study this month that linked recreational marijuana laws with an increase in cannabis use among youth.
Medical marijuana laws did not lead to an increase in use, according to the study published in the Journal of the American Academy of Child and Adolescent Psychiatry.
“Our expectation is right now it’s a 50-50 bet as to whether [the Florida measure] passes or fails,” SAM Executive Vice President Luke Niforatos said.
SAM is urging voters in North and South Dakota to reject similar measures.
“North Dakota has rejected this two cycles in a row,” Mr. Niforatos said. “We’re hoping to make that three.”
The highest-profile fight is in Florida, where Gov. Ron DeSantis and U.S. Sen. Rick Scott — both Republicans — oppose Amendment 3.
The governor says the measure is designed to benefit one large company in the cannabis business, not everyday people. He was referring to Trulieve, which is the largest medical marijuana operator in Florida and has contributed millions of dollars to support the Amendment 3 effort.
Mr. Scott said his late brother started with marijuana before struggling with addiction his whole life.
Yet Mr. Trump, a Florida resident, supports Amendment 3 as part of a broader shift in marijuana policy.
“I believe it is time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use,” Mr. Trump posted on Truth Social in September. “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.”
His opponent, Ms. Harris, sponsored legislation as a U.S. senator to decriminalize cannabis at the federal level, and her running mate, Minnesota Gov. Tim Walz, signed legislation to legalize marijuana for adult use in 2023.
Mr. Trump said he also supports moving marijuana from Schedule I to Schedule III.
But throughout his political career, Mr. Trump has developed a reputation for siding with the last person who speaks to him about a certain issue or debate before making a decision.
“Trump said he would allow the Schedule III process to move forward. That’s campaign talk. I’m curious, if he wins, if his administration would actually want to move that forward,” Mr. Niforatos said.
Ms. Fair said the rescheduling process can be completed before the end of the Biden-Harris administration but only if the administrative law judge overseeing the effort moves fast in consolidating testimony from both sides and keeping a December hearing on track.
“Getting this done before the administration change is ideal,” Ms. Fair said. “The commitment from the Biden administration to get it done before he leaves office is fine and good, but there is wood to chop and there is only so much the White House can control in that regard.”
One tangible effect of removing marijuana from Schedule I would be tax relief for marijuana businesses.
For years, marijuana businesses have complained that listing marijuana as a Schedule I drug subjects them to “Section 280E” tax provisions that prevent them from taking traditional deductions for business expenses.
The Internal Revenue Service in June reminded marijuana operators that nothing is set in stone, so they should not expect relief.
“Marijuana,” the IRS said, “remains a Schedule I controlled substance and is subject to the limitations of Internal Revenue Code.”
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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