The 10 States Next in Line to Legalize Marijuana

With marijuana legalization continuing to gain traction across the United States, several states are positioning themselves to join the ranks of those that have already embraced this shift.

This year, three states have marijuana legalization initiatives on the November ballot, while others are gearing up for potential legalization in 2025. Here’s a look at the ten states that are next in line to legalize marijuana, along with current polling data where available.

Florida

Florida’s Amendment 3, on this November’s ballot, seeks to amend the state constitution to legalize recreational marijuana for those 21 and older. 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​.

Under the proposed law, possession of up to three ounces of dried marijuana and five grams of marijuana concentrates would be legal, purchasable via licensed marijuana retail outlets.

As of June, a PAC opposing the initiative has raised just $10,000 compared to the $60 million raised by supporters of the measure.

South Dakota

South Dakota is making another attempt at legalization after a previous effort was overturned by the courts in 2020. The new initiative, set for the November ballot and titled Measure 29, aims to legalize the possession, use, and distribution of marijuana for adults 21 and older. Recent polling shows that a plurality of voters support legalization, with 45% in favor and 42% opposed.

North Dakota

In North Dakota, proponents of legalization have submitted enough signatures to put a marijuana initiative on this November’s ballot. The proposed initiative would permit individuals aged 21 and older to possess up to one ounce of marijuana, four grams of marijuana concentrates, and 1,500 milligrams of adult-use cannabinoid products. The measure would establish a system of licensed, taxed and regulated marijuana retail outlets.

According to recently released polling commissioned by the Brighter Future Alliance and conducted by Public Opinion Strategies, 43% of North Dakota adults support legalization, with 57% opposed, indicating it will be a tough (but not impossible) fight to get the initiative approved this November.

New Hampshire

This year, legislation to legalize recreational marijuana was approved by the full Senate, but was narrowly rejected by the House of Representatives by a vote of 178 to 173. Proponents of legalization have vowed to continue the fight in 2025. If just three members of the House change their vote to be in support, legalization would sent to Governor Sununu who has vowed to sign it into law as passed by the Senate.

Polling released last month found that 65% of New Hampshire voters support legalization.

Hawaii

Senate Bill 3335 to legalize marijuana was passed through the Senate this year by a vote of 19 to 6. It then was approved through three House committees, with the full House voting 25 to 23 to pass it through its second reading, sending it to the Finance Committee. Despite such strong support, the measure was killed by the chair of the Finance Committee. Now, proponents  have vowed to continue the fight in 2025.

If the measure would have been passed into law, those 21 and older would have been allowed to purchase and possess recreational marijuana. It would have lead to the creation of the Hawaii Cannabis Authority and Cannabis Control Board, established within the Department of Commerce and Consumer Affairs, tasked with handling licensing and regulations for the legal marijuana industry. Marijuana sales would receive a 14% tax, with the tax being 4% for medical marijuana.

According to polling released last year, 52% of adults in Hawaii in support of legalizing marijuana, with just 31% opposed.

Pennsylvania

In April, State Representative Amen Brown (D) filed House Bill 2210 along with a bipartisan group of five cosponsors. Two days later the Health Subcommittee on Health Care held a hearing to discuss marijuana legalization.

Under the proposed law, those 21+ would be allowed to possess up to 30 grams of marijuana, which they could purchase from a licensed marijuana retail outlet. The law would allow medical marijuana patients to grow up to five plants, but it would not allow home cultivation for recreational users. HB 2210 is a companion bill to bipartisan legislation filed in July in the state’s Senate.

Although the measure failed to advance before the June 30th budget deadline, supporters of legalization in Pennsylvania’s Legislature said they will continue to try and pass legislation in 2025.

Arkansas

An initiative that would significantly expand Arkansas’ medical marijuana program, while legalizing recreational marijuana if the federal government deschedules it, is set to appear on this November’s ballot.

The measure would allow medical marijuana patients to grow their own marijuana, while removing the list of qualifying medical marijuana conditions. This would allow physicians to recommend medical marijuana for any condition they deem necessary. The initiative would legalize recreational marijuana, with the possession limit set at one ounce, if the federal government removes marijuana as a controlled substance. Federal legislation in the US House of Representatives to do just that has 92 sponsors in the House and 18 sponsors in the Senate.

North Carolina

Senate Bill 346 was filed by Senator Graig Meyer with six cosponsors last year, with the proposal remaining alive in this year’s legislative session. The measure would legalize, for those 21 and older, the possession of up to two ounces of dried marijuana, up to 15 grams of marijuana concentrates (hash, oil, etc.) and up to 2,000 mg in THC worth of edibles, while allowing for the personal cultivation of up to six plants.

If passed the measure would establish a 20% tax on marijuana sales, with localities allowed to institute an additional tax of up to 3%.

More information on Senate Bill 346 can be found by clicking here.

Wisconsin

In October a bicameral coalition of 36 state lawmakers filed Senate Bill 486 and Assembly Bill 506 to legalize marijuana for everyone 21 and older. The companion bills would legalize the personal possession of up to five ounces of marijuana, and the personal cultivation of up to six marijuana plants. Licensed marijuana stores would be authorized to sell marijuana and marijuana products, with a 15% tax placed on marijuana sales.

Although the legislation is not currently supported by the majority of Republicans, who control the state’s legislature, it is supported by Governor Tony Evers, who included marijuana legalization provisions in his proposed state budget this year. With elections this November, the dynamics of the state legislature could shift, potentially driving more support for legalization as we head into 2025.

West Virginia

Delegate Sean Hornbuckle filed House Bill 4483 in January, with the measure assigned to the House Health and Human Resources Committee. The proposed law would allow those 21+ to possess one ounce of marijuana, while also allowing for the possession f marijuana tinctures, but not marijuana concentrates such as hash, oil and wax.

The legislation would establish a system of licensed and regulated marijuana retail outlets, with the industry overseen by the Department of Commerce.

Although the measure failed to advance before the end of this year’s legislative session, the bill’s sponsor says he plans to refile the measure in 2025, saying he’s “confident” the measure will “have far more support”.

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