Cannabis and the Midterm Elections

The midterms are less than a month away, with elections mostly scheduled for November 3, 2026. Cannabis reform is on the table both directly and indirectly, at the federal, state and local levels.

The vast majority of Americans support legalizing marijuana in some way, which has been the case for years now. Whether that general support translates into ballot measure victories and wins for cannabis-friendly candidates, remains to be seen. Below are some notes on our coming elections, from U.S. Senate seats on down.

Federal elections and cannabis

Federal cannabis reform is on the table, albeit indirectly. Voters can elect representatives from their states who will support—or at least, not stand in the way—of pending and proposed federal reform on Capitol Hill.

The current status of federal cannabis legalization is as follows:

• Medical marijuana was rescheduled from Schedule I to Schedule III of the federal controlled substances act on April 23, 2026, via a Department of Justice final rule. Both FDA-approved marijuana products, and marijuana products regulated by state medical marijuana programs, are now in Schedule III. The new placement is being litigated, but Schedule III is the rule today.
• Adult-use marijuana remains in Schedule I, pending the outcome of a rulemaking hearing that commenced on June 29, 2026. That hearing proposes moving adult-use marijuana into Schedule III alongside medical marijuana. The hearing recently stalled amid opposition challenges.
• Intoxicating hemp products and seeds from high THC plants were banned last year, with an effective deadline of November 12, 2026. The ban was kicked down the road a bit, and will now take effect December 11, 2026. The definition of “industrial hemp” is also set to change slightly, but industrial hemp will remain legal, as it has since the 2018 Farm Bill.

In the midterm elections, a question for voters concerned with cannabis is whether Trump’s Executive Order on rescheduling was enough, or whether change via legislative channels (including through broad descheduling) is a priority.

If Democrats take majorities, including in Congress, the legislation in focus appears to be the Cannabis Administration and Opportunity Act (CAOA), reintroduced on July 16 by U.S. Senator Cory Booker (D-NJ), Senate Democratic Leader Chuck Schumber (D-NY), and U.S. Senator Ron Wyden (D-OR). We have been writing about the CAOA since 2021 (see here and here). I give it low odds of succeeding anytime soon—including with potential democratic majorities. As my colleague Jason Adelstone recently explained:

When Senators Booker, Schumer, and Wyden introduced the Cannabis Administration and Opportunity Act (“CAOA”) [in 2021], the industry urged patience and confidence in Sen. Schumer and the legislative process. When Sen. Schumer shelved a vote on SAFE Banking in favor of the CAOA [also in 2021], critics were told not to worry and to trust that meaningful reform was coming. Despite continually fundraising on cannabis liberalization, Sen. Schumer was never going to push meaningful reform that could pass Congress.

In short, arguments that a blue wave in Congress will significantly increase the odds of cannabis descheduling are probably oversold. At a minimum, the CAOA would need to be pared down significantly on issues like restorative and economic justice and worker’s rights, to stand a chance.

Nonetheless, it’s worth noting that many Republican lawmakers oppose cannabis reforms, while Democrats typically don’t. It’s also worth noting that reform advocates may have to contend with opposition from within the cannabis industry itself. Industry leaders including Trulieve, Curaleaf, Green Thumb Industries and Verano Holdings have contributed $11.5 million into a Trump-aligned super PAC ahead of the midterms. These industry heavyweights support the current Schedule III proceedings, but may think differently about broader reforms like the CAOA.

State elections and cannabis

At the state level, we have 36 gubernatorial races slated for voting this November. Marquee states in the cannabis context include Kansas and Iowa.

In Kansas, Democratic candidate Cindy Holscher has endorsed recreational marijuana legalization during her primary campaign. Her Republican opponent, Ty Masterson, is a prohibition candidate and has consistently blocked medical marijuana legislation from moving forward in his state senate service.

In Iowa, the gubernatorial candidates also differ on cannabis prohibition. Republican Zach Lahn seemingly opposes legalizing adult use marijuana, while Democrat Rob Sand stated, “I’m announcing my plan to legalize, tax and regulate adult-use cannabis.”

Many states also elect representatives to their legislatures in midterm years. The sheer number of elections and candidates makes a detailed review well beyond the ambit of this article; however, voters interested in cannabis reform would do well to familiarize themselves with candidates in their states.

As far as ballot measures and cannabis, there are just two, and both are focused on rolling back legalization efforts. With cannabis legalization polling so well nationally, you may wonder why that is. The answer: only 21 states allow citizen-approved ballot initiatives. The manner in which Colorado, Washington, Oregon, California, etc., first legalized cannabis for medical or adult use simply isn’t available in a majority of states.

It’s also worth noting that cannabis ballot measures are increasingly difficult to make “stick”, and the odds are often packed against reform. (See: Cannabis Ballot Measures are a Sucker’s Game (2021); Cannabis on the Ballot November 5 (2024)). With that context, here is what’s on tap next month:

Idaho

Idaho’s HJR 4 amendment would prohibit citizen-initiated measures on marijuana, narcotics, and psychoactive substances. In other words, cannabis reform would have to go through the Idaho legislature, or not at all. Once again, Idaho is trying mightily to maintain its status as the very worst cannabis state.

Massachusetts

Massachusetts, meanwhile, could be the first state to repeal a voter-approved measure that legalized marijuana. The Eliminate Recreational Marijuana Sales and Allow Limited Possession Initiative, also known as An Act to Restore a Sensible Marijuana Policy, would repeal laws that permit the sale and cultivation of recreational marijuana, while retaining the state’s medical marijuana program. It would also permit possession of up to one ounce of marijuana without penalties; civil penalties would attach for possession of between one to two ounces of marijuana.

Local elections and cannabis

Local elections are being held nationwide throughout 2026, to elect municipal officials. Many of these races coincide with the midterms. Cities and counties will also host elections on local ballot measures next month, some of which focus on cannabis—including on issues from prohibition to zoning to taxation. As with elections for state officials, the sheer number of candidates and proposals is beyond the scope of this article. Once again, local voters and affected cannabis businesses would do well to track the options and outcomes here.

The post Cannabis and the Midterm Elections appeared first on Harris Sliwoski LLP.