Ballot initiatives to legalize recreational marijuana are likely to be considered in two states during this November’s presidential election.
24 different states have legalized recreational marijuana since 2012, with the majority doing so through the initiative process. This November, voters in two more states are set to decide whether or not they want to join the list and make marijuana legally available for everyone 21 and older.
Below are the two states that are highly likely to have ballot initiatives to legalize marijuana on the November ballot:
Florida
Last year the Florida Division of Elections confirmed that the Smart & Safe Florida campaign submitted 967,528 validated signatures on their initiative to legalize recreational marijuana, more than the 891,523 signatures required to put the measure a on the November, 2024 general election ballot.
A challenge by the state’s attorney general has the Florida Supreme Court considering whether or not the proposal should be removed from the ballot, with the deadline for their decision set for April 1. Governor Ron DeSantis recently indicated he does not belove the court will rule against the initiative, saying “I think the court is going to approve that. So it’ll be on the ballot”.
If the measure does appear on the November ballot – as most legal experts believe will be the case – and it’s enacted into law, the initiative would allow those 21 and older “to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise.” Licensed marijuana retail outlets would be allowed to distribute the plant, with any of the state’s licensed medical-marijuana dispensaries allowed to “acquire, cultivate, process, manufacture, sell and distribute such products and accessories.”
Polling released in November found support among likely voters to be at 67%, more than the 60% required for the initiative to be passed into law.
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South Dakota
In 2020 South Dakota voters gave approval to an initiative to legalize recreational marijuana. However, due to a technical error, the initiative was thrown out by the courts. The group behind the proposal put another legalization initiative on the 2022 ballot, but the measure failed to reach 50% (although it did receive a commendable 47%),
Now, South Dakotans for Better Marijuana Laws is gathering signatures in an attempt to put the issue before voters again this November. The group must collect 17,508 valid signatures by May 7, something they are “confident” they’ll achieve.
If enacted into law, the initiative would allow those 21 and older to possess and grow marijuana for personal use, and it would establish a system of licensed, regulated and taxed marijuana businesses.
According to polling released last month, a plurality of voters in the state support legalizing marijuana, 45% to 42%. Although support for legalization was 2% lower than support for the 2022 initiative, opposition to legalization was 10% lower than opposition to the 2022 initiative.
Proponents of the initiative say they are “100% certain” it was designed to withstand the type of legal challenge that derailed the 2020 proposal.
