Cannabis Election Night Victories and Legalization Outcomes

As the November elections set the stage for a dynamic political transformation, five states have made history, voting to legalize cannabis for either medial or adult-use in the November 2020 election.

Mississippi has legalized medicinal cannabis use, while New Jersey, Arizona and Montana have passed adult-use cannabis legalization. South Dakota, setting a precedent, has passed both medical and adult-use cannabis legalization at the same time. To date, 35 states have legalized medicinal cannabis and 15 states have legalized cannabis for adult-use.

“If there was any remaining stigma around cannabis as a form of medicine, it is gone forever,” said Greg Kaufman, partner and co-leader of Eversheds Sutherland’s Cannabis Industry Team. “With more states approving adult-use and medical cannabis programs in this election and the expectation that more states will do so through legislation (e.g., New York), the pressure will continue to build on Congress to take some action on one or more of the cannabis-related bills currently pending.”

In addition to cannabis legalization, Oregon has decriminalized small amounts of previously banned drugs such as cocaine, heroin and methamphetamine. The Oregon drug initiative decriminalizes possession of small amounts of these previously banned substances with the aim of waiving criminal processing and jail time. Instead, the initiative requires the individual pay a $100 fine and attend an addiction recovery program.

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