• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
    • Privacy Policy
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2024
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Recreational Pot Hits Red Wall in Florida, North and South Dakota

November 10, 2024 | FlaglerLive | 3 Comments

pot legalization red wall
(The Conversation)

By William Garriott

Nov. 5, 2024, was a tough day for cannabis legalization supporters.

Recreational legalization ballot questions in Florida, North Dakota and South Dakota all failed.

Two medical measures passed in Nebraska but face legal challenges over the validity of the signatures required to get the measures on the ballot. Why two measures? One legalizes the medical use of cannabis, and the second regulates it.




A medical use ballot measure also appeared on the ballot in Arkansas, but the state Supreme Court ruled before the election that the votes can’t be counted because the title and name were “misleading.”

These failures raise questions about where the movement to legalize cannabis goes from here.

The red wall holds

I’ve been researching cannabis legalization in the U.S. since 2014. I’ve previously written about how the cannabis legalization movement’s primary obstacle is the “red wall,” a term I use to refer to the 20 states where Republicans have total control of state government and recreational cannabis remains illegal.

Another four states without recreational legalization – Kansas, Wisconsin, Kentucky and North Carolina – could be described as “red wall adjacent.” These states have Democratic governors, but Republicans control the state legislatures.

Pennsylvania may become the fifth of these red wall adjacent states if Republicans can win a majority in the state House of Representives.




Support for recreational legalization is much lower among Republicans than Democrats, which in part explains why red states still have some of the most restrictive marijuana laws in the country.

In both North Dakota and South Dakota, recreational measures were defeated for the third time in 2024. It remains to be seen whether supporters think it’s worth the time and money to try again.

In Florida, the measure failed despite the majority of voters supporting it. State law requires amendments to pass with 60% of the vote, and the measure got approximately 56%.

Medical marijuana has more support. In Nebraska, the two medical measures passed decisively. However, legal challenges could void the results. Things will remain uncertain for weeks or even months, as any decision will probably be appealed to the state Supreme Court.

The red wall fortified by a red wave

In national elections, it was a good night for Republicans.

Former President Donald Trump won a decisive victory and will return to the White House. Republicans will control the U.S. Senate, though they won’t have the 60 votes needed to overcome a filibuster. The day after the election, it is still unclear whether Republicans will control the U.S. House.

Trump will have the opportunity to set the political agenda in Washington, including for cannabis. He has voiced support for some legalization measures in the past, such as creating safety regulations, rescheduling, preserving states’ rights to pass their own laws and decriminalization of small amounts of marijuana for personal use.




But cannabis legalization was not a priority during his campaign or his previous presidency. Though Trump backed Amendment 3 for recreational use in Florida, his support was tepid compared with priority issues like immigration. The fact that the measure failed and is unpopular within the Republican Party does not create much incentive for him to put the issue at the top of his agenda once he returns to office.

What happens now?

Where the legalization movement goes from here is unclear.

The ballot initiative process has been a key tool of the movement, providing activists with a way to bypass elected officials who oppose legalization. But the results of the Nov. 5 elections suggest that this strategy may no longer be viable in red wall states. This is particularly the case when state officials are committed to keeping legalization measures from being implemented even if they pass, as happened in South Dakota in 2020 and is currently happening in Nebraska.

A sign reads
A sign in Bismarck, N.D., shows support for legalizing recreational marijuana. The ballot question failed.
AP Photo/Jack Dura

The failed initiative in Arkansas is also significant. On the surface it was a bill to expand and enhance medical access. But it also included a novel provision that would automatically legalize recreational use in the state in the event federal legalization were to happen.

It was this provision, and the failure to highlight it in the proposed amendment’s name and title, that prompted the state Supreme Court to label the measure “misleading” and prevent the votes on it from being counted.




Given that medical cannabis legalization remains significantly more popular than recreational, this strategy made sense in a red state like Arkansas. Had it been successful, it would have provided a new way for activists to navigate the unique challenges posed by red wall states.

Looking ahead, legalization supporters will have to wait and see what’s possible once Trump is in office. The federal rescheduling process that began under President Joe Biden might still go through. If it does, it would move cannabis to Schedule III from Schedule I, the status reserved for substances like heroin and LSD that are considered to have the least medical benefit and highest potential for misuse. But it would not resolve the gaps between state and federal law in states where cannabis is legal.

It also would not create an obvious path toward recreational cannabis legalization – and might even hinder it further. This is because Schedule III drugs include substances like Tylenol with codeine and ketamine – both of which are legally available but require a prescription and are tightly regulated.

This is a far cry from the “regulate it like alcohol” strategy that helped recreational legalization gain a foothold 10 years ago.

William Garriott is Professor of Law, Politics and Society at Drake University.

The Conversation arose out of deep-seated concerns for the fading quality of our public discourse and recognition of the vital role that academic experts could play in the public arena. Information has always been essential to democracy. It’s a societal good, like clean water. But many now find it difficult to put their trust in the media and experts who have spent years researching a topic. Instead, they listen to those who have the loudest voices. Those uninformed views are amplified by social media networks that reward those who spark outrage instead of insight or thoughtful discussion. The Conversation seeks to be part of the solution to this problem, to raise up the voices of true experts and to make their knowledge available to everyone. The Conversation publishes nightly at 9 p.m. on FlaglerLive.
See the Full Conversation Archives
Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Comments

  1. Sue says

    November 10, 2024 at 9:09 pm

    Good! We don’t need it!! It would not be for the better people driving under influence. Cause more crime. Tell me what’s the benefit of it?????

    4
  2. Al says

    November 10, 2024 at 10:23 pm

    Why is promoting turning people into potheads such a big deal with the left? Is it because once people get stoned then you can feed them all kind of crap and call it delicious? I don’t want stoners on the highway anymore than I want drunks out there.

    Funny how one big mouth lawer in Florida first claimed he needed it for his brother that didn’t even live in Florida. Then he wanted legal for all, maybe it had something to do with a large paycheck from a certain corporation. This corporation contributed 145 million of the 150 million dollar warchest to fool the public. The only backing this law had was all astroturf and not grass roots like they claimed.

    In both Colorado and California street vendors still sell most of the grass. The reason is the cost including taxes and the potency which is lower in the legal stuff. The BS that it would put millions into schools and law enforcement, is this the same millions that the lottery has produced?

    4
  3. JimboXYZ says

    November 10, 2024 at 11:59 pm

    Legalizing pot & other drugs is enabling the decay of society. The only one’s that want it legalized are the one’s selling it as harmless. I don’t know of anyone that even wants their kids abusing alcohol or tobacco as a hobby. Like the border nobody wants the drug cartels setting up shop in their community. Why do you think people try to escape the inner city drug dealers for a “better” life elsewhere ? Drugs at the level just impair performance. How many rock stars went from talented musicians to junkies that couldn’t perform on stage, fired from their bands. Same holds for the addicts that get fired from their jobs from minimum wage to professional careers. Look at Hunter Biden, anyone wanna end up like that guy. Anything he accomplished is tainted by his father’s name & influence that he was getting for that nepotism/cronyism. In November 2024, he gets sentenced for 4 felony counts of falsifying a gun application, failure to pay IRS Income taxes. Those are the crimes, but one has to dig deeper to find he was a drug addict, The politician’s son for his own version of P-Diddy debauchery. The fame of the tragic loser ? Fact that Joe & Jill Biden are proud of Hunter is laughable, they have no other choice, he’s family, their pathetic child. Rick Scott has a brother that has addiction problems just the same. With the money those family have, they have to hide the dirty secrets of at least one drug addict in the family. The rest of us don’t buy into that tragic stories of flawed characters with our votes. Nobody ever wanted an alcoholic living under their roof just the same. Over the last 30 years, nobody wants the nicotine fiends, the cigarettes, the vapers around publicly either, doubt anyone wants their home to smell like an ashtray just the same. Dens of Iniquity are the bars, nothing but trouble over there at closing time. And that accrues to abortions ? Makes you wonder how many children or abortions resulted from poor choices & decisions by the drunken & impaired addicts hooking up with each other at 2 AM. I guess that’s preferred to getting into a drunken brawl at that hour ?

    4

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Enough is enough on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Nephew Of Uncle Sam on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Dakota on Palm Coast City Attorney Calls Mayor Norris ‘Unprofessional and Inappropriate’ 3 Weeks After Censure for Similar Behavior
  • Jaii Hein on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Laurie Jo Jo Bergman on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Kat on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Critical Eye on Palm Coast City Attorney Calls Mayor Norris ‘Unprofessional and Inappropriate’ 3 Weeks After Censure for Similar Behavior
  • JimboXYZ on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Grey Man on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • NJ on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Dave on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Canary on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Canary on Palm Coast City Attorney Calls Mayor Norris ‘Unprofessional and Inappropriate’ 3 Weeks After Censure for Similar Behavior
  • More Blondes on Afrikaners are South African Opportunists, Not Refugees
  • America First on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • No political affiliation on Palm Coast’s Golden Chopsticks Buffet Open Again 2 Days After Sanitation Inspection Ordered It Closed

Log in