As the 2024 election approaches, Florida, North Dakota, South Dakota and Nebraska are gearing up to vote on cannabis legalization measures.
With a mix of medical and recreational cannabis initiatives, this election cycle could reshape the cannabis landscape.
Here’s a look at what’s at stake in each state and what the polls are saying.
Florida voters will decide on Amendment 3, a constitutional amendment to legalize adult-use cannabis for adult over 21.
The measure would allow possession and consumption of cannabis, but it needs 60% of the vote to be approved. A recent poll reveals that the cannabis legalization initiative is falling just short of the 60% approval threshold required for passage.
This vote comes as Florida remains one of the largest medical marijuana markets in the U.S. If the amendment passes, recreational cannabis sales could start as soon as May 2025. However, the measure has faced significant opposition from Governor Ron DeSantis and Attorney General Ashley Moody.
South Dakota voters will once again decide on recreational cannabis, but this time the measure is more limited. Initiated Measure 29 would decriminalize the possession, use, and free distribution of up to 2 ounces of cannabis for adults 21 and older. Notably, the measure does not include provisions for legal sales. Instead, the state legislature would need to pass additional laws to create a regulated market.
This cautious approach follows South Dakota’s previous attempt to legalize recreational cannabis in 2020, which passed but was overturned by the courts due to the state’s single-subject rule. Advocates aim to avoid similar legal pitfalls this time. If passed, IM 29 would also decriminalize marijuana edibles and concentrates, which are currently felonies.
But things might not look so good for South Dakotans for Better Marijuana Laws, the group championing legalization. A recent statewide survey, conducted by the Chiesman Center for Democracy at the University of South Dakota, found that 52% of respondents oppose Initiated Measure 29, while 42% are in favor and 7% remain undecided. This level of opposition mirrors the results from the 2022 election when a similar measure to legalize recreational marijuana was rejected by a margin of 52% to 47%, reported South Dakota News Watch.
In North Dakota, voters will consider Measure 5, which would legalize recreational cannabis for adults. The measure includes provisions for cannabis production, sale, and possession.
The initiative, sponsored by the New Economic Frontier, emphasizes the potential economic benefits of legalization, such as increased tax revenue and reduced strain on the judicial system. However, opposition remains strong. According to recent polling, 45% of voters support the measure, with 40% opposed and 15% undecided, reported North Dakota Monitor.
North Dakota voters have previously rejected similar measures in 2018 and 2022, but the passage of a medical cannabis measure in 2016 provides some hope for proponents of the current initiative.
In November, Nebraskans will vote for two cannabis initiatives. One measure seeks to legalize medical cannabis (The Nebraska Medical Cannabis Protection Act), while the other would regulate the industry (The Medical Cannabis Regulation Act). Polls show overwhelming support for medical cannabis, with 70% of Nebraskans in favor, considering the last available poll, which is from February.
However, these initiatives are now facing legal challenges. Accusations of fraudulent signature gathering have been raised, with state officials claiming that nearly 49,000 of the 115,000 signatures gathered are questionable. While a trial is set for October 29, the case will not be resolved before Election Day, leaving the fate of the measures in the hands of voters, according to The Nebraska Examiner.
Adding to these legal cannabis ballots, the State of Massachusetts will be voting Question 4, a measure aimed at decriminalizing psychedelics.
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