With the November 5 election just three months away, voters in five states—North Dakota, South Dakota, Florida, Arkansas, and Nebraska—are gearing up to consider various marijuana initiatives.
It’s shaping up to be a big election for marijuana law reform, with five states set to consider statewide measures to legalize recreational or medical marijuana. With that in mind, here’s a look at the five states with marijuana initiatives set to be considered this November, and where they stand in the polls.
North Dakota
North Dakota’s initiative, sponsored by the nonprofit political committee New Economic Frontier, would legalize recreational marijuana for everyone 21 and older. If approved, the possession limit for marijuana would be set at one ounce of dried flower, four grams of concentrates, and 1,500 milligrams of cannabinoid products, including 300 milligrams in edible form. Personal cultivation of up to three plants would also be permitted, as would licensed marijuana retail outlets.
Although a recent poll show only 43% support for the initiative, with 57% opposed, it was able to meet the signature requirement to be placed on the ballot in less than two months, giving supporters hope that additional campaigning could sway voters in the coming months.
South Dakota
South Dakota’s Measure 29 proposes to legalize recreational marijuana for adults 21 and older, permitting possession of up to one ounce and cultivation of three plants. The measure would also establish a system of licensed, taxed and regulated marijuana businesses.
This marks the third attempt over the past four years by the group South Dakotans for Better Marijuana Laws to secure legalization in the state. In 2020, South Dakotans for Better Marijuana Laws successfully passed Amendment A, which similarly sought to legalize recreational marijuana. However, the amendment was later overturned by the state’s Supreme Court. In 2022, the group fixed the issues presented by the court, and placed a new initiative on the ballot. Due at least in part to lower voter turnout during a non-presidential election year, he measure narrowly failed.
The group is now optimistic that with 2024 being a presidential election year and growing national support for legalization, Measure 29 can succeed and withstand court challenges.
Florida
Florida’s Amendment 3 would legalize recreational marijuana via a constitutional amendment, allowing adults to possess up to three ounces of dried marijuana flower and five grams of concentrates.
Polls indicate strong support for the measure, with a Fox News poll showing 66% approval and a University of North Florida poll released last week having support among voters at 64%, with just 31% opposed.
The group behind Amendment 3 has raised over $66 million, more than any statewide marijuana initiative in US history.
Arkansas
In Arkansas, the initiative by Arkansans for Patient Access 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, 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, and 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.
The initiative would also legalize recreational marijuana, with the possession limit set at one ounce, if the federal government deschedules marijuana.
Last month the group submitted 111,000 signatures, more than the 90,704 required to make the November ballot. However, the state recently said that only around 77,000 of the signatures were valid. They gave the group 30 days to collect the remaining signatures in order to make the November 5 ballot, something the group says they are “confident” they will accomplish.
Nebraska
Nebraska’s medical marijuana initiative, led by Nebraskans for Medical Marijuana, aims to legalize cannabis for medical use. The proposal includes provisions allowing patients to obtain marijuana with a doctor’s recommendation and offers protections for physicians. According to polling, 70% of voters in Nebraska are in favor of medical marijuana legalization.
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