2024 Election Results: How Marijuana & Psychedelic Laws Impact Employer Drug Policies

As the dust settles from the November 5, 2024, elections, employers across the U.S. must assess how the latest ballot measures will impact workplace drug policies. This year, voters in Nebraska overwhelmingly passed medical marijuana measures, while proposals to legalize recreational marijuana in Florida, North Dakota, and South Dakota were rejected. Massachusetts voters also declined to legalize certain psychedelic substances. Here's a breakdown of the outcomes and the implications for employers conducting drug testing.

Nebraska Embraces Medical Marijuana Amidst Legal Challenges

Nebraska's voters approved two separate medical marijuana initiatives, collectively known as Initiative Measures 437 and 438, with a clear mandate of over 70% in favor. Initiative 437 permits qualified patients to possess and use medical cannabis, specifically allowing up to five ounces for the treatment of medical conditions, provided they have a recommendation from a healthcare practitioner. Initiative 438 establishes the Nebraska Medical Cannabis Commission, which will oversee cannabis regulation in the state.

To comply with Nebraska's "single subject" rule, these ballot measures were split into two questions to ensure each addressed only one central issue. However, the validity of these measures is currently under legal scrutiny. Opponents, led by former state senator John Kuehn and Nebraska Secretary of State Bob Evnen, have filed legal challenges, questioning the validity of petition signatures that secured the measures on the ballot. Lancaster County District Judge Susan Strong is set to rule on the case soon, and her decision could ultimately be appealed to the Nebraska Supreme Court. Until the courts issue a final decision, the legality of medical cannabis in Nebraska remains uncertain.

These developments suggest a potential need to adjust workplace drug policies and employee handbooks for Nebraska employers. While the Americans with Disabilities Act (ADA) does not require accommodations for marijuana use, employers should proceed cautiously if the medical cannabis law withstands legal challenges to ensure compliance with state-specific protections for medical marijuana patients. While companies may still enforce drug-free workplace policies, clearly defining policies around medical marijuana use, particularly in safety-sensitive roles, will help avoid legal complications.

Rejection of Recreational Marijuana in Florida, North Dakota, and South Dakota

In contrast to Nebraska's embrace of medical marijuana, voters in Florida, North Dakota, and South Dakota rejected measures that would have legalized recreational cannabis. Florida's initiative nearly passed with nearly 56% support-just shy of the 60% threshold required for constitutional amendments. This narrow margin suggests that support for recreational marijuana legalization is significant but not yet sufficient in Florida, signaling the possibility of future attempts.

For employers in Florida, North Dakota, and South Dakota, the rejection of recreational marijuana initiatives means that existing drug testing policies can largely remain in place. Nevertheless, these states' evolving attitudes toward cannabis could signal future legislative attempts, and employers should stay informed. Organizations in safety-sensitive industries, such as transportation or defense, must continue to comply with federal drug testing mandates regardless of state-level decisions on marijuana.

Massachusetts: Psychedelics Remain Unlawful

In Massachusetts, a measure to legalize natural psychedelic substances, such as psilocybin, mescaline, and ibogaine, was defeated. The initiative aimed to allow adults over 21 to grow, possess, and use these substances, which have been subjects of recent studies for potential mental health benefits. While national interest in psychedelics is growing, Massachusetts, along with other states, remains cautious about legalizing their use.

While Massachusetts has maintained strict regulations around psychedelics, employers should nonetheless monitor these trends closely, as decriminalization efforts across the U.S. could create new challenges in managing drug-free workplace policies. Psychedelics, though not federally regulated to the extent of cannabis, are increasingly appearing in drug policy discussions, and companies may want to proactively address any potential impacts on drug testing and workplace conduct policies.

The Broader Landscape and What It Means for Employers

The results in Nebraska, Florida, North Dakota, South Dakota, and Massachusetts highlight a shifting but fragmented legal landscape for cannabis and psychedelics in the U.S. While 38 states now allow medical marijuana and 24 states, along with Washington, D.C., permit recreational use, marijuana legalization remains far from uniform across state lines. This divergence creates ongoing challenges for employers operating in multiple states, who must reconcile varied state laws with consistent workplace policies.

To stay compliant, employers should review and tailor their drug policies to state-specific marijuana and psychedelic regulations. For instance, in Nebraska, where recent measures protect only registered medical users, employers may have more policy flexibility for non-medical users.

These election results emphasize the need for employers to stay closely informed on evolving legal developments, aligning policies with state mandates while maintaining workplace safety and compliance.

Release Date: November 21, 2024