Four States Have Cannabis on the Ballot for the 2024 Election

Ballots in four states will include proposals to legalize cannabis in next week’s general election, giving voters the chance to further advance the cannabis policy reform movement. Voters in three states will have the opportunity to legalize recreational cannabis, while voters in Nebraska will see two ballot initiatives related to the medicinal use of the plant.

Three States Voting on Recreational Cannabis 

Florida’s electorate will decide on Amendment 3, an initiated constitutional amendment to legalize cannabis for adults. The proposal would allow the state’s current providers of medical cannabis, which was legalized in 2016, to begin selling cannabis to all adults aged 21 and up. Adults would be allowed to purchase up to three ounces of cannabis at a time, including no more than five grams of cannabinoid concentrates. The bill does not include provisions to expunge past cannabis-related convictions or to allow home cannabis cultivation, which supporters of the measure feared would lead the state Supreme Court to block the measure based on state laws that limit ballot initiatives to a single subject.

The proposed constitutional amendment also allows the Florida legislature to authorize additional adult-use cannabis business licenses, although there is no requirement for state lawmakers to do so. The initiative retains Florida’s current vertically integrated business structure, which requires operators to control the production and marketing of cannabis from seed to sale.

In North Dakota, where medical cannabis has already been legalized, voters will decide on Measure 5, a proposal to legalize recreational cannabis. If passed, adults age 21 and older would be able to possess up to one ounce of cannabis flower, four grams of cannabis concentrates, edibles containing up to 300mg THC, and other cannabis products with up to 1,500mg THC. Adults would be permitted to grow up to three cannabis plants at home, with a limit of six plants per household. 

Measure 5 also requires the North Dakota Department of Health and Human Services or another state agency designated by the legislature to establish regulations for the cannabis industry. The ballot measure also caps the number of cannabis cultivation facilities at seven and sets a limit of 18 recreational cannabis retailers statewide.

Voters in South Dakota will also have the chance to legalize recreational cannabis through Initiated Measure 29. Under the proposal, adults aged 21 and up would be allowed to possess up to two ounces of cannabis flower, 16 grams of cannabis concentrates, and up to 1,600mg THC in other cannabis products. Adults are also allowed to grow up to six cannabis plants, with no more than 12 plants allowed per household. 

Initiated Measure 29 does not include provisions to legalize commercial cannabis activity. Supporters of the proposal have pledged to work with lawmakers to develop cannabis industry regulations if voters approve the ballot measure.

Medical Cannabis on the Ballot in Nebraska

In Nebraska, ballots for the November 5 general election will include two complementary proposals related to medical cannabis. Initiative Measure 437 would legalize the possession and acquisition of up to five ounces of cannabis for medicinal purposes for individuals with a recommendation from a healthcare professional. The provisions also apply to a designated caregiver of a patient with a doctor’s medical cannabis recommendation.

Nebraska’s Initiative Measure 438 would legalize the possession, manufacture, distribution, delivery, and dispensing of cannabis for medical purposes. The proposal would establish the Nebraska Medical Cannabis Commission to regulate and license medical cannabis businesses in the state. Under the legislation, the commission would be required to begin granting cannabis business licenses to applicants who meet established criteria.

Currently, 24 states have established laws to legalize recreational cannabis for adults, while 38 states have adopted comprehensive medical cannabis programs.

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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.