In the wake of the latest election results, the cannabis industry is bracing for a potentially challenging regulatory landscape. On a recent episode of Regulated Roots, host Kimberly Simms sat down with Eric Goepel, founder and CEO of the Veterans Cannabis Coalition, to discuss the implications of a Republican-controlled government on cannabis policy, industry regulation, and legislative changes.
Florida’s Failed Amendment Three: A Case Study in Industry Influence and Opposition
One of the most surprising developments in the cannabis space was the failure of Florida’s Amendment Three, which sought to legalize adult-use cannabis. Despite strong financial backing, aggressive advertising campaigns, and even an endorsement from former President Donald Trump, the measure fell short of the required 60% voter approval, garnering only 57% support.
Goepel pointed out that Florida’s unusually high threshold for constitutional amendments created a formidable challenge. By comparison, California’s Prop 64 and Colorado’s own Prop 64—both of which successfully legalized adult-use cannabis—passed with 57% and 55% of the vote, respectively.
Additionally, Florida’s entrenched political resistance to adult-use legalization played a significant role in the measure’s failure. Governor Ron DeSantis actively campaigned against Amendment Three, framing it as a ploy by corporate interests to monopolize the market. This strategy echoed similar opposition tactics used in Ohio’s failed 2015 legalization attempt, which was criticized for consolidating cultivation rights among a select few entities.
Adding another layer to the equation, the hemp industry in Florida may have also influenced the outcome. DeSantis’ unexpected veto of a bill that would have restricted intoxicating hemp products suggests a potential quid pro quo arrangement. This decision allowed the hemp market to continue operating in Florida, possibly at the expense of the established medical cannabis sector and its push for adult-use expansion.
While the measure’s failure is a setback for advocates, Goepel noted that achieving 57% approval was still a strong showing. However, the campaign’s financial investment—reportedly around $150 million—raises questions about the strategic viability of similar future efforts.
Nebraska’s Legal Battle: Voter Will vs. Political Resistance
In Nebraska, cannabis policy remains embroiled in legal and political conflict. Despite a majority of voters supporting medical marijuana regulations, the state government has taken multiple steps to challenge and delay implementation.
The Nebraska Supreme Court recently expedited its review of a lawsuit aiming to invalidate the state’s new marijuana laws. As Goepel pointed out, this reflects a broader trend where state legislatures and courts in conservative-leaning states actively work to undermine voter-approved cannabis measures. Similar efforts have been seen in South Dakota, North Dakota, and Mississippi, where lawmakers and legal systems have reversed or obstructed legalization efforts despite clear public support.
The future of medical cannabis in Nebraska remains uncertain, with advocates urging increased voter engagement and legal challenges to push back against legislative interference.
Federal Outlook: Uncertainty Under a Republican-Controlled Government
With Republicans controlling all three branches of government, the prospects for federal cannabis reform appear uncertain. While some GOP lawmakers have expressed support for cannabis policy changes—often on states’ rights or economic grounds—the party has not historically prioritized legalization.
Goepel noted that while significant progress was made in recent years—such as the Biden administration’s push for rescheduling—momentum has now stalled. The cannabis industry and advocacy groups will likely face an uphill battle in securing further federal reforms, particularly around issues such as banking access and comprehensive legalization.
“Inertia is always leaning toward rest in the case of Congress,” Goepel remarked, emphasizing that while grassroots activism and industry lobbying efforts continue, federal legalization remains a long-term battle.
Conclusion: The Road Ahead for Cannabis Advocacy
The post-election landscape underscores the complexities of cannabis reform in the U.S. While public support for legalization continues to grow, political roadblocks remain significant. Florida’s failed Amendment Three highlights the challenges of industry-driven initiatives facing strong opposition, while Nebraska’s legal battle exemplifies how political institutions can stymie voter-driven change.
At the federal level, cannabis advocates must navigate an uncertain terrain under Republican leadership. Whether through continued state-level initiatives, litigation, or renewed federal lobbying, the fight for cannabis reform is far from over. For industry leaders and consumers alike, staying engaged and informed will be crucial as the next chapter of cannabis policy unfolds.
For more insight, watch the full episode.
