With Election Day set for next month on November 3, the marijuana policy stakes of the 2026 election are now fully in focus.
Unlike several recent election cycles, there is no straightforward statewide measure asking voters to create a new recreational marijuana market or to legalize medical cannabis. Instead, the two most consequential statewide marijuana questions involve whether Massachusetts should dismantle an existing market and whether Idaho should prevent citizens from using the initiative process to legalize marijuana in the future.
Voters in Houston and several other cities will also decide local questions involving marijuana enforcement, businesses and taxes, while governor’s races in Pennsylvania, Wisconsin, Kansas, New Hampshire, Tennessee, Oklahoma, Florida and Texas could significantly shape marijuana policy beginning in 2027.
Here is a look at the marijuana-related votes and races to watch on November 3.
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Massachusetts: Question 8 Could End Recreational Marijuana Sales
The most consequential direct marijuana vote in the country will take place in Massachusetts, where voters will decide whether to dismantle the recreational marijuana market they approved a decade ago.
Question 8, officially titled “Prohibit Retail Sale of Adult Recreational Use Marijuana,” would repeal laws authorizing, regulating and taxing recreational marijuana sales.
Adults 21 and older would continue to be allowed to possess up to one ounce of marijuana, including no more than five grams of concentrate, and could give the same amount to another adult. Possessing more than one ounce but no more than two ounces would carry a $100 civil penalty and forfeiture of the marijuana.
Existing recreational marijuana businesses would be allowed to seek expedited conversion to medical marijuana dispensaries, while remaining recreational inventory could be transferred to medical businesses. The Cannabis Control Commission would remain in place but would regulate only the medical marijuana market.
If approved, the law would take effect January 1, 2028. Massachusetts officials estimate that recreational marijuana taxes generated approximately $280 million in state revenue and $50 million in local revenue during fiscal year 2025.
Polling currently shows the repeal effort facing a substantial deficit. A MassINC Polling Group survey of 800 likely voters conducted September 14 through September 22 found 61% planning to vote no on Question 8, compared with 27% supporting the measure and 11% undecided.
A “yes” vote would end the state’s licensed recreational marijuana market. A “no” vote would leave existing marijuana laws unchanged.
Idaho: Voters Will Decide Who Has the Power to Legalize Marijuana
Idaho voters will not decide whether to legalize marijuana in November, but they will decide who is allowed to make that decision in the future.
House Joint Resolution 4 would amend the Idaho Constitution to give the state Legislature exclusive authority to legalize the growing, production, sale, possession or use of marijuana, narcotics and other psychoactive substances.
If approved, citizens could no longer use Idaho’s initiative process to place a marijuana legalization or decriminalization statute before voters.
A “yes” vote would make the Legislature the only route for legalizing marijuana. A “no” vote would preserve the ability of citizens to propose marijuana laws through the initiative process.
The question has taken on additional significance because two citizen-led marijuana proposals failed to qualify for this year’s ballot. The Idaho Medical Cannabis Act and the Decriminalize Cannabis Now Initiative both fell short of the required number of valid petition signatures statewide and across the required number of legislative districts.
Idaho remains without a comprehensive medical or recreational marijuana program, meaning HJR 4 could have consequences for legalization efforts well beyond the 2026 election.
Houston: Marijuana Enforcement Goes Directly Before Voters
One of the largest local marijuana votes of the year will take place in Houston.
Proposition A, known by supporters as the Houston Freedom Act, would amend the city charter to make enforcement of Class A and Class B misdemeanor marijuana possession the Houston Police Department’s lowest possible law-enforcement priority.
The measure would also prohibit marijuana odor by itself from being used as probable cause for a search and establish restrictions on no-knock search warrants, including requiring officers to knock, announce themselves and wait at least 15 seconds before entering.
The proposal does not legalize marijuana. Possession would remain illegal under Texas law, but the measure would establish how Houston police prioritize enforcement of lower-level possession offenses.
The measure reached the ballot after supporters submitted roughly 40,000 petition signatures, about twice the number required.
Michigan: Two Cities Will Vote on Marijuana Businesses
Michigan voters will decide at least two notable local marijuana business questions.
Bad Axe
In Bad Axe, voters will determine whether to repeal the city’s 2019 prohibition on marijuana establishments and allow up to two marijuana businesses within city limits.
Approval would reverse the city’s existing prohibition, while rejection would leave the ban in place. Businesses would still be subject to Michigan licensing requirements and applicable local regulations.
Menominee
In Menominee, voters will decide whether the maximum number of marijuana retail establishments allowed in the city should increase from nine to 13.
The referendum survived a legal challenge in September, when a judge rejected an effort to remove it from the November ballot. The dispute follows years of local debate and litigation over the number of marijuana retailers allowed in the city.
Oregon: Business Restrictions and a Marijuana Tax
Estacada
Estacada voters will consider Measure 3-638, which would prohibit new marijuana production, processing and wholesaling businesses from being established within the city.
Existing businesses in those categories could continue operating, and the proposal would not affect marijuana retailers or dispensaries.
If voters reject the measure, new production, processing and wholesaling businesses could continue opening where allowed under existing city zoning rules.
Warrenton
Warrenton voters will separately decide whether to establish a 3% local tax on marijuana sales.
The city’s code currently lists a 10% marijuana tax adopted in 2014, but Oregon law now limits local marijuana sales taxes to 3%. The November measure would bring the city’s tax into compliance with current state law.
California: Three Cities Consider Marijuana Business Taxes
California has no statewide marijuana question this year, but voters in several cities will consider local marijuana tax measures.
Arroyo Grande
Arroyo Grande’s Measure C-26 would authorize a tax of up to 10% of gross receipts on marijuana businesses operating within the city. Officials estimate the tax could eventually generate approximately $500,000 annually.
Approval would not itself authorize marijuana storefronts or other businesses. Instead, it would create the tax structure if the city allows those operations in the future and could allow the city to collect taxes from marijuana deliveries originating outside the city.
Guadalupe
In Guadalupe, Measure G2026 would authorize a gross receipts tax of up to 8% on retail marijuana businesses and up to 4% on other marijuana businesses. City officials estimate it could generate approximately $78,000 annually.
Baldwin Park
Baldwin Park voters will consider Measure CR, which would extend the city’s existing 4% marijuana retail tax to non-retail marijuana businesses. City officials estimate the change could generate approximately $1 million annually.
Pennsylvania: Josh Shapiro vs. Stacy Garrity
Pennsylvania features one of the clearest marijuana policy contrasts of any governor’s race this year.
Democratic Governor Josh Shapiro supports legalizing recreational marijuana and has repeatedly included legalization in his state budget proposals. His administration has urged lawmakers to establish a regulated adult-use market.
Republican State Treasurer Stacy Garrity opposes recreational marijuana legalization and has said she would veto a legalization bill if one reached her desk.
Pennsylvania lawmakers have spent years considering legalization proposals without reaching an agreement. The November election could therefore determine whether the governor’s office continues pressing lawmakers to legalize marijuana in 2027 or becomes a guaranteed veto point for recreational reform.
Wisconsin: David Crowley vs. Tom Tiffany
Wisconsin’s open governor’s race could determine whether the state pursues full recreational marijuana legalization, a medical-only program or neither.
Democratic Milwaukee County Executive David Crowley has made recreational legalization part of his platform. Asked after securing the nomination whether legalization could move quickly if Democrats gain unified control of state government, Crowley said it was “extremely important” to legalize marijuana and argued legalization should be paired with decriminalization.
Crowley has also pointed to marijuana purchases by Wisconsin residents in neighboring legal states, arguing that legalization could generate revenue for childcare, health care, schools and public safety.
Republican U.S. Representative Tom Tiffany supports legalizing medical marijuana but not a full recreational market. His campaign platform calls for a regulated medical program with age restrictions, oversight and protections intended to keep marijuana away from minors.
Wisconsin currently has neither a comprehensive medical marijuana program nor recreational legalization, making the race particularly consequential for the direction lawmakers take in 2027.
Kansas: Cindy Holscher vs. Ty Masterson
Kansas also has an open governor’s race with a significant divide on marijuana policy.
Democratic State Senator Cindy Holscher supports marijuana legalization and has argued that Kansas is losing potential revenue as residents purchase marijuana in neighboring legal states.
During the campaign, Holscher has specifically pointed to marijuana legalization as a potential source of hundreds of millions of dollars for education and other state priorities.
Republican State Senate President Ty Masterson has opposed marijuana legalization and previously characterized legalization legislation as a non-starter.
Kansas remains without a comprehensive medical marijuana program and continues to prohibit recreational use. Democratic Governor Laura Kelly is term-limited, making the November election potentially pivotal for whether legalization becomes an executive priority during the next four years.
New Hampshire: Kelly Ayotte vs. Cinde Warmington
New Hampshire’s governor’s race also presents a direct divide over recreational marijuana legalization.
Republican Governor Kelly Ayotte opposes recreational legalization and has said she would not sign a legalization bill.
Her opposition has also extended to expansion of the state’s medical program. In June, Ayotte vetoed Senate Bill 468, which would have allowed medical marijuana treatment centers to operate greenhouse cultivation facilities, writing that she did not support expanding marijuana cultivation in the state.
Democratic nominee Cinde Warmington supports legalizing, regulating and taxing recreational marijuana. She has argued that New Hampshire residents are already purchasing marijuana in neighboring legal states and that the resulting tax revenue should remain in New Hampshire.
Because New Hampshire does not have a citizen initiative process, recreational legalization must move through the Legislature and governor. That makes the governor’s willingness to sign legislation particularly important.
Tennessee: Marsha Blackburn vs. Jerri Green
Tennessee’s open governor’s race has become another marijuana contest worth watching, particularly as lawmakers continue discussing the possibility of establishing a medical program.
Democratic nominee and Memphis City Councilmember Jerri Green supports marijuana legalization and said in September that she would be willing to work with Tennessee’s Republican-controlled legislature to advance reform if elected.
Green has pointed to marijuana as one issue where she believes bipartisan cooperation may be possible.
Republican nominee U.S. Senator Marsha Blackburn has opposed recreational legalization, creating a clear contrast with Green on adult-use policy. Marijuana Policy Project and Tennessee NORML’s 2026 voter guide places Green on the legalization side of the governor’s race and Blackburn on the prohibition side.
The race comes as the Tennessee Senate Judiciary Committee is conducting an in-depth review of Senate Bill 459, a proposal that would establish a regulated medical marijuana program. The committee began hearings on the proposal September 30, potentially setting up further legislative action in 2027.
Oklahoma: Mike Mazzei vs. Cyndi Munson
Oklahoma’s governor’s race is less about whether marijuana should initially be legalized and more about the future of a medical program voters approved in 2018.
Republican nominee and former State Senator Mike Mazzei has called for tougher regulation and enforcement against illegal marijuana operations. He has said Oklahoma’s emergence as a major marijuana producer is unacceptable and supports raising licensing costs for legitimate growers, but he has also said he does not support eliminating medical marijuana or harming businesses operating legally.
Democratic State Representative Cyndi Munson has said she would protect the voter-approved medical marijuana program while supporting stronger enforcement against illegal cultivation and criminal operators.
That distinction is significant because term-limited Governor Kevin Stitt has repeatedly criticized Oklahoma’s medical marijuana system and suggested voters should reconsider it.
The next governor will inherit one of the country’s largest medical marijuana industries and could determine whether state policy focuses on preserving and regulating the program or making more fundamental changes to it.
Florida: Byron Donalds vs. David Jolly
Florida voters will not get another direct vote on recreational marijuana this year, making the governor’s race the state’s most consequential marijuana-related election.
A proposed 2026 legalization initiative failed to qualify after organizers did not submit enough verified signatures. That came after Amendment 3 received nearly 56% support in 2024 but failed because Florida requires 60% approval for constitutional amendments.
Republican nominee U.S. Representative Byron Donalds opposes recreational legalization and has said Florida’s existing medical marijuana system is sufficient.
Democratic nominee and former U.S. Representative David Jolly personally voted against Amendment 3 in 2024, but he has since said that as governor he would seek to legislatively enact measures that received majority support from voters despite falling short of Florida’s 60% constitutional threshold — specifically including recreational marijuana legalization.
The result could therefore determine whether the state continues resisting recreational marijuana legalization or whether lawmakers face a new push to enact the policy legislatively.
Texas: Greg Abbott vs. Gina Hinojosa
Texas’ governor’s race is more complicated than a straightforward legalization-versus-prohibition contest, but it could have major consequences for marijuana and hemp policy.
Republican Governor Greg Abbott vetoed legislation in 2025 that would have broadly prohibited consumable hemp-derived THC products, arguing that the proposal failed to respect adults’ ability to access federally lawful products and calling instead for stronger regulation.
His administration subsequently pushed tighter rules for intoxicating hemp products. Texas also continues operating a limited medical marijuana program while prohibiting recreational marijuana.
Democratic State Representative Gina Hinojosa voted in favor of expanding the state’s medical marijuana program and against the 2025 legislation that would have prohibited most consumable hemp THC products. During her gubernatorial campaign, she has said Texans should have a direct say over the state’s approach to THC regulation.
Neither major candidate is campaigning on immediately establishing a recreational marijuana market, but the winner will have substantial influence over medical marijuana expansion and the continuing fight over hemp-derived THC products.
Several Major Marijuana Initiatives Failed to Reach the Ballot
The November landscape could have been considerably larger.
Florida’s proposed recreational marijuana initiative failed to qualify, while Idaho campaigns seeking medical marijuana legalization and marijuana decriminalization also fell short of ballot requirements.
Those failures mean 2026 will look substantially different from election years dominated by statewide legalization initiatives.
Instead, voters will largely be deciding whether to preserve an existing recreational market, who controls the route to future legalization, how individual cities regulate and enforce marijuana laws, and which governors will have the power to sign or veto reform legislation during the 2027 and 2028 legislative sessions.
Massachusetts offers the most immediate potential change, with an entire recreational market at stake. Idaho’s vote could reshape legalization efforts for years. And in states including Pennsylvania, Wisconsin, Kansas, New Hampshire and Tennessee, the identity of the next governor could determine whether marijuana reform receives an ally or an opponent in the executive branch.
