This November, Vote for Public Health | Opinion

As tension grows over the candidates running for office in November, voters should pay equal attention to ballot measures that often bypass the Legislature and rewrite state drug laws. Both candidates and ballot measures have the potential to influence the country's attitude toward drugs, which is why voters must favor options that promote public health and safety.

The most notable of these ballot measures is Florida's Amendment 3, which would enshrine recreational marijuana in the Florida Constitution. The group advocating for legalization has raised more than $100 million, making it the most expensive ballot measure in American history. More than $90 million came from Trulieve, a medical marijuana company looking to consolidate the state's industry. Amendment 3 does not provide for health and safety protections and instead leaves all regulatory action to the legislature.

Perhaps most concerning, Florida's Amendment 3 grants legal immunity to companies operating in the marijuana industry. This provision shields them from many forms of legal liability by depriving individuals of the right to sue and setting a dangerous precedent that could have far-reaching implications for consumer safety and market fairness. If passed, this immunity would protect companies from negligence, product liability and other legal challenges essential to protecting consumers and ensuring corporate responsibility.

South Dakota will vote on Measure 29, the third attempt to legalize recreational marijuana in the state through a ballot measure. In 2022, voters rejected a similar measure by a vote of 47 to 53. More than half of the legalization campaign's monetary donations, totaling hundreds of thousands of dollars, came from the marijuana industry. Jim Kinyon, who leads the group opposing legalization, has asked: “How many times does the state of South Dakota have to reject recreational marijuana before the industry accepts the decision of the people of the state?”

North Dakota will vote on Measure 5 after rejecting similar ballot measures legalizing recreational marijuana in 2022 (45 percent yes; 55 percent no) and 2018 (41 percent yes; 59 percent no). The ballot measure is opposed by a broad coalition, including the North Dakota Medical Association, the North Dakota Sheriffs Association, the North Dakota Catholic Conference and the North Dakota Farmers Union, among others. The marijuana industry has also contributed hundreds of thousands of dollars to legalization efforts in the Peace Garden State.

Nebraska will vote on Initiative 437, which would legalize so-called “medical marijuana.” Although marijuana may contain medicinal ingredients, smoked marijuana is not medicine – and regardless, the question of whether it is should not be decided by a popular vote. Despite the provisions of Nebraska's proposed law, the FDA has not approved marijuana for the treatment of any disease or condition.

Voters in Massachusetts are being polled on Question 4, which would legalize five psychedelic drugs: psilocybin, psilocin, mescaline, ibogaine and DMT. The ballot measure was opposed by the Massachusetts Psychiatric Society as well as pro-psychedelic grassroots activists who fear it would lead to corporatization of the industry. Similar to marijuana, none of these psychedelic drugs have been approved by the FDA to treat any medical condition, and the industry's influence has increased the negative consequences of increasing drug addiction in various communities.

Given that these efforts are often funded by for-profit industries and radical activists, it should surprise few if they fail to deliver on their promises. A case in point is Oregon's Measure 110, which in 2020 decriminalized the possession of all drugs, including fentanyl, meth and cocaine. However, after intense public opposition and an unprecedented rise in overdose deaths, the Democratic-led Legislature and the governor repealed the law. As state after state legalizes marijuana, we are seeing increases in health-related harms, including traffic fatalities, cannabis use disorders, and emergency room visits.

Amid corporate pressure campaigns to legalize marijuana and concerns about their poll numbers among minority voters, Vice President Kamala Harris came out in favor of marijuana legalization. She claims this plan will advance racial justice, but we have seen the opposite. In 2023, 8.7 percent of Black Americans aged 12 or older suffered from a cannabis use disorder (marijuana addiction), compared to 6.7 percent of whites. Furthermore, she claims that black people will take over the industry. Assets reported that Black people made up less than 2 percent of the country's marijuana business owners.

At the same time, Donald Trump announced his support for marijuana legalization in Florida, claiming, “I believe it is time to end unnecessary arrests and incarcerations of adults for small amounts of marijuana for personal use.” However, this is a false one Dichotomy. We can address concerns about criminal justice reform without creating a for-profit marijuana industry. We should learn from the mistakes we made with alcohol and tobacco.

In the midst of an unprecedented drug crisis, we don't need more policy action or more politicians supporting greater access to mind-altering drugs.

Dr. Kevin Sabet is president of Smart Approaches to Marijuana (SAM) and a former White House drug policy adviser to Presidents Obama, Bush and Clinton.

The views expressed in this article are the author's own.