Cannabis Ballot Measures: What You Need to Know for November 5

Cannabis Oct 14, 2024 Chicago, IL

It seems that every year, more states have ballot initiatives to decide whether to permit medical and/or recreational cannabis. This year is no different, as four states will vote on cannabis measures: Florida, Nebraska, North Dakota, and South Dakota.

After a long road to make it into the ballot, voters in Florida – currently a medical marijuana state – will decide whether to allow recreational marijuana. If passed, Amendment 3 would legalize recreational marijuana for those 21 and older and would allow possession of up to three ounces. Because the initiative would amend the Florida Constitution, a 60% supermajority is required to approve the amendment. Medical marijuana was approved by 71% of the voters in 2016. While Governor Ron DeSantis has been campaigning against legalizing recreational marijuana, presidential nominee Donald Trump said he would be voting in favor of Amendment 3. Although it is far from certain, the cannabis industry is optimistic the measure will pass.

Nebraska voters, meanwhile, will determine whether medical cannabis will be allowed in the state. Initiative 437 would allow patients with a written recommendation from a healthcare practitioner to acquire up to five ounces of marijuana. A companion measure, Initiative 438, would create the Nebraska Medical Cannabis Commission, which would regulate the medical cannabis program. Voters appear poised to approve the two initiatives, but the fate of medical marijuana in the Cornhusker State may not be decided on election night. Secretary of State Bob Evnen and Attorney General Mike Hilgers have challenged 49,000 signatures on each of the two petitions, including claiming that more than half involved notary malfeasance. If the challenge is successful, the court may void the election results.

The remaining states, North Dakota and South Dakota, will again vote on measures that would authorize recreational marijuana. Voters in North Dakota had previously rejected similar measures, with 59.45% opposing back in 2018 and 54.94% opposing in 2022. Roughly 54% of South Dakota voters approved a recreational marijuana ballot initiative in 2020, but the South Dakota Supreme Court declared the measure unconstitutional the following year. According to the court, the amendment violated the state’s requirement that constitutional amendments only address one subject. In 2022, another recreational marijuana initiative was rejected, with 52.92% of voters opposing the measure. Legalization supporters hope they have enough votes this time around.

If you have any questions or would like to discuss how Greenspoon Marder LLP may be able to assist you pending the results of these ballot measures, please email Doug Sargent ([email protected]).

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Cannabis Ballot Measures: What You Need to Know for November 5

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