These undemocratic methods should be of great concern, regardless of whether or not you personally support cannabis legalization.
By Paul Armentano, NORML
The results of elections are not random. Or so we’re told. When it comes to resolving marijuana-related issues, Republican legislators are saying “Not so quickly.”
As an example, after Nebraskans approved the medical marijuana law in November of last year, Republican Attorney General Mike Hilgers encouraged lawmakers to disregard it. A regulatory panel appointed by Republican Governor Mike Pence was formed months later. Jim Pillen enacted “emergency rules” largely gutting the nascent program, despite over two-thirds of Nebraskans having voted for it.
Nebraska’s case is far from unique. Ken Paxton, the Republican Attorney General of Texas, was responsible for bringing a lawsuit in Texas to overturn voter-approved decriminalization ordinances against marijuana possession. This included Austin, Dallas and San Marcos. The ordinances that sought to restrict local police officers from arresting low-level marijuana users were all overwhelmingly supported by voters in the cities.
Florida’s Republican governor, Ron DeSantis signed legislation this spring that makes it harder for advocates to place policy questions on the ballot. Ron DeSantis signed legislation this spring that makes it harder for advocates to place policy questions on the ballot. The governor did this after the marijuana legalization measure last year received 56 percent, which was just short of the 60 percent required by the state.
The Republican-dominated Florida legislature has further been a snub to voters, rejecting dozens of pieces of reform cannabis legislation in this spring. In fact, the only marijuana-related bill approved by Florida lawmakers this year was legislation denying medical cannabis access to those with certain marijuana or other drug-related convictions on their record.
Ohio’s GOP leadership has spent two years trying to repeal parts of Ohio’s adult-use law, which was approved by voters in 2023. These efforts include bills to recriminalize marijuana possession, rescind adults’ home cultivation rights and arbitrarily cap the total number of cannabis retail outlets permitted statewide. Thus far, none of this legislation has been successful, but at least two separate roll-back bills remain pending and are anticipated to be revisited by lawmakers this fall. Separately Republican Gov. Mike DeWine tried to double special cannabis sales taxes. While that effort also failed, lawmakers did approve a budget bill restructuring the way cannabis-related taxes are spent.)
Similarly, Montana lawmakers this session sought to stymie its voter-approved legalization law by calling for the creation of a state surveillance system to monitor adults’ retail marijuana purchases. (It failed.) Another bill sought to recriminalize any cannabis product containing more than 15 percent THC. It also failed.
In South Dakota, a Republican-led effort to repeal the state’s 2020 voter-approved medical cannabis access law failed by a single vote.
In some cases, Republican lawmakers have spearheaded efforts to nullify marijuana-related election outcomes altogether, most notably in Mississippi (by repealing a voter-approved medical marijuana measure in 2020) and in South Dakota (by striking down a voter-approved adult-use legalization initiative that same year).
This undemocratic approach should raise serious concerns, whether or not you personally support cannabis legalization.
In a democracy that is healthy, voters will support those who have opposing visions of public policy and they’ll abide by the decisions made. The voters don’t ignore them because they are bitter losers.
Unfortunately, many legislators and Republican members in particular would prefer to ignore their votes than abide the will of people, which is why they are not moving forward with sensible cannabis policy.
Paul Armentano has been appointed as the deputy director of You can also find out more about NORML..
Philip Steffan provided the photo.