In less than four months, voters in five states will decide on marijuana initiatives.
The November 5 election will be monumental for several reasons, including the fact that five states will vote on marijuana law reforms. Three of these states may legalize recreational marijuana, potentially joining the 24 others that have already done so.
With that said, here is a breakdown of the five statewide initiatives being considered this November.
Arkansas
Earlier this month, Arkansans for Patient Access (APA) submitted 111,402 signatures for their initiative, with signatures spread across 62 counties. This is well above the 90,704 signatures required across 50 counties in order to make the November Ballot.
The initiative would expand the state’s medical marijuana law, passed in 2016, to allow patients to grow their own marijuana at a private residence, with the limit set at seven mature plants and seven immature plants, and it would remove the retail prohibition on certain smokeable marijuana products such as pre-rolls.
The initiative would also:
- Allow medical marijuana assessments and renewals to be conducted via telehealth.
- Allow out-of-state patients to receive protections under the state’s medical marijuana law.
- Expand new patient cards to last three years rather than one.
- Allow physician assistants, nurse practitioners and pharmacists to recommend medical marijuana in addition to physicians.
- Allow the above list of healthcare professions to recommend medical marijuana for any condition they deem appropriate, rather than having to follow the current list of qualifying conditions.
- Legalize recreational marijuana, with the possession limit set at one ounce, if the federal government deschedules marijuana.
Florida
Florida’s Amendment 3 would amend Florida’s constitution to legalize recreational marijuana for those 21 and older, including establishing a system of licensed and regulated marijuana businesses.
According to multiple polls, support for legalization in Florida is strong. A recent Fox News poll found that 66% of voters support Amendment 3, while a University of North Florida’s Public Opinion Research Lab (PORL) poll released in November indicates 67% support, exceeding the 60% threshold needed for passage. A separate poll released this month and first reported by Florida Politics, found that 64% of Florida likely voters support Amendment 3, with 30% opposed.
Under the proposed law, possession of up to three ounces of dried marijuana and five grams of marijuana concentrates would be legal.
As of June, a PAC opposing the initiative has raised just $10,000 compared to the $60 million raised by supporters of the measure.
For the full text of Amendment 3, click here.
Nebraska
Last week, Nebraskans for Medical Marijuana (NMM) submitted over 110,000 signatures for both of their initiatives: one to legalize medical marijuana and one to protect physicians who recommend it. This exceeds the required 87,000 signatures needed for the proposals to be voted on in November. The group has also collected the required signatures across at least 38 of the state’s 93 counties for both initiatives, a legal requirement for making the November ballot.
The first initiative aims to legalize the use, possession, and acquisition of limited quantities of cannabis for medical purposes by qualified patients who have a written recommendation from a healthcare practitioner, and it allows caregivers to assist these patients. It would establish the Nebraska Medical Cannabis Commission to oversee the registration and regulation of individuals involved in the possession, manufacture, distribution, delivery, and dispensing of medical cannabis.
The second initiative would provide legal protections for doctors who recommend marijuana to their patients.
Polling conducted earlier this year by Data Targeting Inc., commissioned by the Neilan Strategy Group, found that 70% of voters in the state support legalizing medical marijuana.
If NMM’s initiatives are passed into law, Nebraska would become the 39th state to legalize medical marijuana.
North Dakota
On July 8, New Economic Frontier submitted over 22,000 signatures for their marijuana legalization initiative, far more than the 15,582 required to put the measure to a vote of the people. The initiative will officially be placed on the ballot and given a ballot title once the signatures are verified, a process expected to take a couple of weeks.
The proposed initiative would legalize possession for adults 21 and older, allowing up to one ounce of marijuana, four grams of marijuana concentrates, and 1500 milligrams of adult-use cannabinoid products, including 300 milligrams in edible form. It would also permit the personal cultivation of up to three marijuana plants and the purchase of marijuana and marijuana products via licensed retail outlets. Retail outlets would be supplied by licensed growers and processors, and products would be tested by licensed testing labs.
For the full text of the bill, click here.
South Dakota
Measure 29 if officially on the November ballot in South Carolina. Sponsored by South Dakotans for Better Marijuana Laws, the proposal would legalize recreational marijuana for those 21 and older, allowing them to possess up to an ounce of marijuana and cultivate up to three marijuana plants at a private residence. The initiative would establish a system of licensed, regulated and taxed marijuana businesses.
South Dakotans for Better Marijuana Laws were also successful in getting marijuana legalization initiatives on the ballot in 2020 and 2022. In 2020, the measure passed approved by voters, but thrown out by the courts due to the state’s one-issue law for initiatives. The 2022 initiative was narrowly rejected amid lower voter turnout (it wasn’t a presidential election like in 2020).
Now, advocates hope that with updated language addressing the court’s concerns and the renewed attention of a presidential election, the initiative will be approved.
According to polling release last month, a plurality of voters in the state support legalizing marijuana, 45% to 42%.
For the full text of Measure 29, click here.
