As the movement for marijuana legalization continues to gain momentum across the United States, several states are preparing for potential public votes on the issue in 2026.
A number of states are vying to become the 25th to legalize recreational cannabis, including states like New Hampshire, where legalization bills have been advancing in the legislature this session. Among them are several where activists are working to place initiatives on the 2026 ballot. With that in mind, below are the states most likely to see marijuana initiatives put to voters in 2026.
Florida
In Florida, advocates are regrouping after a previous attempt to legalize recreational marijuana fell short of the required 60% supermajority in November 2024, although it did garner majority support with 56% voting in favor. The group Smart & Safe Florida is spearheading a renewed effort to place the issue back on the ballot in 2026, with slightly revised language. They have already begun mailing petitions to gather the necessary signatures. Recent polls indicate that 67% of Florida voters now support legalization.
Oklahoma
Oklahomans for Responsible Cannabis Action (ORCA), one of the state’s oldest cannabis advocacy groups, filed a proposed constitutional amendment to legalize marijuana for adults aged 21 and older this week. If the group successfully collects the required signatures, the measure could appear on the 2026 ballot as State Question 837. However, the state’s legislative environment is becoming increasingly challenging for such initiatives. Senate Bill 1027, recently passed by the Oklahoma Senate, seeks to impose restrictions on the initiative petition process, potentially complicating future cannabis legalization efforts.
West Virginia
In West Virginia, Delegate Sean Hornbuckle introduced House Joint Resolution 27 (HJR 27) to the Legislature in February 2025. This resolution aims to place a constitutional amendment on the 2026 general election ballot to legalize cannabis. HJR 27 proposes the legalization of up to two ounces of cannabis and the personal cultivation of up to four cannabis plants. Additionally, it empowers the Legislature to enact laws governing the lawful sale and manufacturing of cannabis within the state. The resolution also includes a provision allowing individuals with prior convictions for possessing two ounces or less of cannabis to petition for dismissal or expungement of their records through the circuit court in the county where the conviction occurred. The resolution has been referred to the Judiciary Committee for further deliberation.
Idaho
Idaho remains one of the few states with no form of legal marijuana, but that could change in 2026. Advocates have submitted a proposed initiative to legalize the possession of marijuana for personal use, and they’re working to gather the signatures needed to qualify it for the ballot. Despite the state’s conservative political landscape, organizers believe growing public support could help push the measure forward.
South Dakota
South Dakota has experienced a turbulent history with marijuana legalization. Voters approved a legalization measure in 2020, which was subsequently overturned by the state Supreme Court. Another proposal was rejected in 2022, and most recently, in November 2024, voters again rejected a proposal to legalize adult-use marijuana. Despite these setbacks, advocates say they may pursue another initiative for the 2026 ballot, although a decision has not yet been made.
