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Which states could legalize weed? Here's where marijuana is on the ballot Election Day 2024

Updated: Oct 28, 2024

With Election Day less than two weeks away, voters are gearing up to cast their ballots. In four states, voters will have the opportunity to weigh in on a continuously hot topic: marijuana.

Nebraska, North Dakota, South Dakota and Florida voters will see marijuana on their ballots on Tuesday, Nov. 5. And in Massachusetts, where medical and recreational marijuana is already legal, voters will be weighing in on the possibility of legalizing psychedelics.

Here's what to know about marijuana legislation in the 2024 election and what each state is voting on.


Florida: Amendment 3

A measure related to recreational marijuana is on the Florida ballot. Currently, medical marijuana is legal in the state.

Amendment 3 asks voters to consider a state constitutional amendment that would allow for the possession, purchase and use of marijuana for non-medical purposes by adults 21 and up. The amendment would also allow the Medical Marijuana Treatment Centers and other licensed state entities to acquire, cultivate, process, manufacture, sell and distribute marijuana products and accessories.

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Under the amendment, adults 21 and up would be permitted to possess up to three ounces of marijuana and up to five ounces in the form of marijuana concentrate.

To learn more about the amendment, visit the Florida Division of Elections website at dos.elections.myflorida.com/initiatives/initdetail.asp?account=83475&seqnum=2.

Nebraska: Initiative Measures 437 and 438

Two initiatives related to medical marijuana are on the Nebraska ballot. Currently, both medical and recreational marijuana are illegal in the state.

Initiative Measure 437

  • Initiative Measure 437 asks voters to consider a statute that would legalize the use, possession and acquisition of up to five ounces of cannabis for medical purposes, with a written recommendation from a health care provider.

  • A vote "for" Initiative Measure 437 would legalize the use, possession and acquisition of medical marijuana in the state of Nebraska, and a vote "against" the measure would not.

Initiative Measure 438:

  • Initiative Measure 438 asks voters to consider a statute that would legalize the possession, manufacture, distribution, delivery and dispensing of cannabis for medical purposes by registered private entities. The statute would also establish the Nebraska Medical Cannabis Commission to regulate the industry.

  • A vote "for" Initiative Measure 438 would legalize the possession, manufacture, distribution, delivery and dispensary of medical marijuana in the state of Nebraska, and a vote "against" the measure would not.

To learn more about the two ballot initiatives and to view a sample ballot for the upcoming election, visit the Nebraska Secretary of State website at sos.nebraska.gov/elections/2024-general-sample-ballots.

North Dakota: Measure 5

A measure related to recreational marijuana is on the North Dakota ballot. Currently, medical marijuana is legal in the state.

Initiated Measure 5 asks voters to consider a new chapter of legislation that would allow the following:

  • Production, processing and sale of cannabis and possession and use of cannabis by adults 21 and up

  • Direct a state entity to regulate and register recreational cannabis production businesses, dispensaries and their agents

  • Provide protections for adults 21 and up who use cannabis

  • Provide penalties for violations of the chapter

  • Preserve certain employer rights regarding use of cannabis by employees

  • Supersede local ordinances that would prohibit the purchase, sale, use, delivery or growing of cannabis by adults 21 and up

  • Provide that fees must be appropriated for administration of the chapter

A "yes" vote on Initiated Measure 5 would approve the chapter and a "no" vote would not.

To learn more about the ballot measure and to view a sample ballot for the upcoming election, visit the North Dakota Secretary of State website at sos.nd.gov/elections/voter/ballot-measures/measures-ballot.

South Dakota: Initiated Measure 29

A measure related to recreational marijuana is on the South Dakota ballot. Currently, medical marijuana is legal in the state.

Initiated Measure 29 asks voters to consider legislation that would allow the following:

  • Possession, growing, ingesting and distribution of marijuana and marijuana paraphernalia by adults 21 and up

  • Restricts marijuana possession and consumption in areas such as schools or where tobacco is prohibited

  • Provides employers with the right to restrict an employee's use of marijuana and property owners the right to regulate the use of marijuana on their property

Under the legislation, adults 21 and up would be permitted to possess up to two ounces of marijuana in a form other than concentrate or other marijuana products. It would also allow for the possession of up to six marijuana plants with no more than 12 plants per household.

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A "yes" vote on Initiated Measure 29 would approve the legislation and a "no" vote would not.

To learn more about the ballot measure and to view a sample ballot for the upcoming election, visit the South Dakota Secretary of State website at sdsos.gov/elections-voting/upcoming-elections/general-information/default.aspx.

 
 
 

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