Marijuana in the November 2024 Election: A Breakdown of State and Local Initiatives

The November 5, 2024 election, now less than two months away, is set to be a monumental day for marijuana law reform, with numerous state and local initiatives up for vote.

Multiple states and cities this November will consider measures that would either legalize medical marijuana, legal recreational marijuana, or decriminalize marijuana possession. Most notably, it’s possible that the 24 legal marijuana states could jump to 27 following the November election.

With that said, below is a look at each state and locality voting on marijuana measures this November.

State Measures:

Arkansas

The group Arkansans for Patient Access (APA) has placed on the November ballot an initiative that would amend the state’s current medical marijuana law. The measure would allow patients to cultivate marijuana at home, capped at seven mature plants and seven immature ones. Additionally, restrictions on certain smokeable products, like pre-rolls, would be lifted.

The proposal includes other reforms such as:

  • Enabling telehealth services for medical marijuana consultations.
  • Extending protections to out-of-state medical marijuana patients.
  • Lengthening the validity of medical marijuana cards from one year to three.
  • Authorizing physician assistants, nurse practitioners, and pharmacists to recommend medical marijuana.
  • Allowing healthcare professionals to recommend medical marijuana for any condition, as opposed to the current list of approved ailments.
  • Legalizing recreational marijuana with a one-ounce possession limit, contingent upon federal descheduling.

Florida

Amendment 3 in Florida would legalize recreational marijuana for adults aged 21 and over. If passed, individuals would be able to purchase and possess up to three ounces of cannabis, with a five-gram cap on concentrates. Backed by the Smart & Safe Florida campaign, which has raised over $80 million, the amendment would also permit licensed retailers and medical dispensaries to sell cannabis for recreational use.

As this is a constitutional amendment, 60% voter approval is required for its passage. Multiple recent polls suggests that voter support exceeds the 60% threshold.

Nebraska

This November, Nebraska residents will vote on two medical marijuana initiatives. The Nebraska Medical Cannabis Patient Protection Act aims to provide legal protections for patients and healthcare providers recommending medical marijuana. The second initiative, the Nebraska Medical Cannabis Regulation Act, would allow patients with a valid recommendation to use, possess, and obtain limited amounts of medical cannabis. It would also create a Nebraska Medical Cannabis Commission to oversee its production and distribution.

A poll by Data Targeting Inc., conducted for the Neilan Strategy Group, shows that 70% of voters in the state support the legalization of medical marijuana.

North Dakota

North Dakota’s Measure 5 will be on the ballot, proposing the legalization of recreational marijuana for adults aged 21 and older. The measure would permit possession of up to one ounce of marijuana, four grams of concentrate, and 300 milligrams of edibles. It also establishes a regulated market with a limited number of retail and cultivation licenses.

South Dakota

Voters in South Dakota will revisit the issue of recreational marijuana with Measure 29, after previous initiatives in 2020 and 2022 (the 2020 measure was passed but later overturned). This year’s proposal would permit adults 21 and older to possess up to two ounces of cannabis and grow up to 12 plants for personal use. It also establishes a licensing framework for marijuana businesses.

A recent poll by the South Dakota Polling Project indicates that 45% of registered voters are in favor of Measure 29, with 42% opposed.

Oregon

The United for Cannabis Workers Act, put forth by United Food and Commercial Workers (UFCW) Local 555, will be voted on this November. On the ballot as Measure 119, the proposal “would ensure that cannabis workers’ freedoms to organize and bargain collectively are protected under state law”, according to a press release from UFCW. No one would be required to join a union, but workers would have the freedom to do so if they choose.

 

Local Measures:

Dallas, Texas

Ground Game Texas has successfully placed a marijuana decriminalization initiative on the November ballot in Dallas. Specifically, the measures would prevent law enforcement from arresting individuals found with up to four ounces of marijuana. Instead, they would receive a citation similar to a traffic ticket.

Texas Attorney General Ken Paxton has filed lawsuits against five other cities that have passed similar marijuana decriminalization ordinances. In Austin and San Marcos, Paxton’s lawsuits have already been dismissed by county judges.

Lockhart, Texas

In Lockhart, a city with a population of around 15,000, activists have also placed a marijuana decriminalization ordinance on the November ballot. Like Dallas, the measure would make the possession of up to four ounces of marijuana a potential ticket, rather than a potential criminal charge and jail time.

Bastrop, Texas

Voters in Bastrop, with a population of approximately 11,000, will join voters in Dallas and Lockhart in deciding whether or not marijuana possession should no longer be treated as a criminal offense.

Under current Texas law, possessing up to two ounces of marijuana is punishable by a misdemeanor and up to 180 days in jail. If possessing between two and four ounces, the potential penalty increases to up to one year.

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