Cannabis Reform after the Midterms
Cannabis had a stellar showing at the midterm elections, from ballot measures to candidate wins at the local, state and federal levels. Below is a rundown on cannabis reform happenings and prospects after the midterms.
Ballot measures
Massachusetts – Question 8
Voters emphatically rejected Question 8, which would have repealed the state’s adult-use cannabis program. Last week, I explained on NBC News Now that the measure was likely to fail, but that a close outcome had the potential to spook markets, or encourage future repeal efforts. Fortunately, that did not happen.
As of this writing, and with an estimated 80% of ballots counted, the Associated Press shows Question 8 trailing 76% to 24%. That impressive margin outpaces the general polling on adult use cannabis nationwide, where a recent Gallup poll shows 55% of Americans in support.
It’s fair to infer this strong show of support in Massachusetts—outpacing national polling—as a result of Bay State voters having lived with cannabis legalization for a decade. The program has produced $2 billion in tax revenue, after all, and created hundreds of new businesses and thousands of jobs. Question 8 was the first ballot measure attempting to tear down a cannabis program, but it was a flop.
Idaho – HJR 4
This was another rout, despite my recent observation that Idaho was “trying mightily to maintain its status as the very worst cannabis state.”
If approved, HJR 4 would have prohibited citizen-initiated measures on cannabis, as well as on narcotics and psychoactive substances. Voters didn’t like that. As of this writing, the proposed measure trails by a 66% to 34% margin, with 94% of ballots counted. This means Idahoans will be free to bring future reform measures to the ballot box, even as many of them scoot across the Oregon border to buy weed.
Houston – Proposition A
This was the largest municipal ballot measure on offer, and voters once again sided with reform efforts. Proposition A, or the Houston Freedom Act, makes misdemeanor marijuana possession the “lowest possible enforcement priority” for local police. The initiative also bans no-knock warrants in the city. It leads by a margin of 72% to 28% as of this writing, and it will comfortably pass.
Proposition A is notable for a couple of reasons. First, Houston is the fourth-largest city in the U.S., with about 2.4 million residents. Second, decriminalization measures such as Proposition A often serve as an entrée to further reform efforts. Such efforts seem much more likely now in Texas, as explained below.
State elected officials
This election cycle featured 36 gubernatorial races, plus a large number of state representative posts, state attorneys general positions, etc. Overall it is too large an array to canvass in one post. I’m going to cover the outcomes I view as most notable.
Texas
Texas will have a new Governor come January, Gina Hinojosa. The Texas democrat campaigned to “flip the script” on THC and hemp restrictions, and supports allowing Texans to vote on a ballot measure to legalize THC products. According to the Marijuana Policy Project’s 2026 Texas voter guide:
She has also voiced support for taxing and regulating hemp products. She has a solid record of voting in favor of cannabis policy and has co-sponsored both decriminalization and comprehensive medical cannabis legislation. She also voted NO on SB3, which attempted to ban hemp-derived THC products in Texas.
Texas will also swear in a new Attorney General and Lieutenant Governor come January. According to Marijuana Policy Project, both are pro-cannabis reform. The voter guide notes that, as to incoming Attorney General, Nathan Johnson:
In 2025, he sponsored SB53, which would have implemented sensible guidelines for hemp-derived THC products. He also sponsored SB54, which would have fully decriminalized personal possession of cannabis, including limited home grow rights. SB 928 would have created a robust, comprehensive medical cannabis program…. He also was one of the few state senators to oppose SB3, which sought to ban all hemp-derived THC products.
As to Vicki Goodwin, the newly elected Lieutenant Governor, the voter guide observes:
She has a solid record of voting in favor of cannabis policy and has co-sponsored both decriminalization and comprehensive medical cannabis legislation. She was absent on the day that SB3, which attempted to ban hemp-derived THC products, was voted on. Rep. Goodwin has highlighted her opposition on her campaign website.
I highlight Texas here because it is such a large state, and because the politics of cannabis reform are changing so quickly. Even if legalization does not run through the Texas legislature directly, voters now have a clear path to bringing reform to the table. Any pending litigation brought by the outgoing Attorney General against localities decriminalizing marijuana will also likely be dismissed.
Pennsylvania
Pennsylvania seems like it’s been struggling to legalize adult use cannabis forever. It could finally happen, with Democrats now in control of the state Senate and House of Representatives. Governor Josh Shapiro has long supported marijuana legalization, and consistently included reform measures in his legislative budget proposals.
Wisconsin
Wisconsin is another state that is poised for marijuana reform, especially considering the state has neither a medical nor an adult use program at present. As with Pennsylvania, Democrats will control both branches of the legislature come January 2027, as well as the Governor’s office. Various reform proposals that have stalled in recent years due to Republican blockades will now be viable.
Florida
It’s been all good news up until now. Unfortunately for Florida, its prospects at cannabis reform hit another snag on Tuesday. Democrats made significant gains but Republicans maintained control of the state House and Senate, as well as the Governor’s office. For the next few years, recreational cannabis will likely remain illegal in Florida, although the state’s cumbersome medical program should remain intact.
Federal elected officials
The federal mid-term results surpassed even the starriest Democratic projections, it seems, with Democrats poised to take comfortable majorities in both chambers. As was the case in the first half of President Biden’s term, when they held narrower majorities, Democrats have the ability – and arguably a mandate – to pass cannabis legislation.
Things could go wrong, of course, as often seems to occur at the federal level. Democrats may once again fail to prioritize the issue, despite campaign promises. Alternatively, a reform bill could fall victim to a Senate filibuster. Finally, President Trump could always veto. We still hope Democrats throw their backs into it, especially given the muddled state of affairs today.
If Democrats do prioritize reform, the question is how to go about it. I explained last month that incoming Senate Majority Leader Chuck Schumer and others recently reintroduced the Cannabis Administration and Opportunity Act. There are other proposals floating around, including on discrete topics like SAFE Banking.
Right now, it feels like this could go any number of ways. That said, despite all of the uncertainly, the arrow seems to be pointing up again for federal cannabis reform.
The post Cannabis Reform after the Midterms appeared first on Harris Sliwoski LLP.