The 2024 election is shaping up to be a pivotal moment for the cannabis industry, particularly in four key states: Florida, North Dakota, South Dakota, and Nebraska. These states are set to vote on various cannabis legalization measures, ranging from full adult-use legalization to limited decriminalization and medical cannabis initiatives.
Florida: Amendment 3 – A Path to Recreational Cannabis
Florida voters will be deciding on Amendment 3, a constitutional amendment that aims to legalize adult-use cannabis for individuals aged 21 and older. The measure would allow possession and consumption of cannabis, but it requires a supermajority of 60% approval to pass. While recent polls show support for legalization, the initiative is currently falling short of the required threshold.
A successful vote could make Florida one of the largest recreational cannabis markets in the US, potentially generating significant economic benefits and tax revenue. However, the amendment faces significant opposition from Governor Ron DeSantis and Attorney General Ashley Moody, making its passage uncertain.
South Dakota: Initiated Measure 29 – Cautious Decriminalization
South Dakota voters will once again consider recreational cannabis, but this time with a more cautious approach. Initiated Measure 29 seeks to decriminalize the possession, use, and free distribution of up to 2 ounces of cannabis for adults over 21. Notably, this measure does not include provisions for legal sales. Instead, the state legislature would need to pass separate legislation to establish a regulated market.
This approach is a response to the 2020 legalization attempt, which was overturned by the courts due to the state’s single-subject rule. Advocates hope to avoid similar legal hurdles with this new measure. While the measure decriminalizes edibles and concentrates, current polls show that the majority of South Dakota voters oppose Initiated Measure 29.
North Dakota: Measure 5 – Economic Benefits of Legalization
North Dakota voters will face a third attempt at legalizing recreational cannabis with Measure 5. This measure would allow for the production, sale, and possession of cannabis for adults, emphasizing the economic benefits of legalization, such as increased tax revenue and reduced strain on the judicial system.
Despite previous rejection of similar measures in 2018 and 2022, proponents remain optimistic, citing the passage of a medical cannabis measure in 2016 as a sign of growing support. However, recent polls show a close race, with 45% of voters supporting the measure and 40% opposed.
Nebraska: Navigating Legal Challenges for Medical Cannabis
Nebraska voters will consider two cannabis initiatives in November: one to legalize medical cannabis (The Nebraska Medical Cannabis Protection Act) and another to regulate the industry (The Medical Cannabis Regulation Act). Polls show overwhelming support for medical cannabis, with over 70% of Nebraskans in favor.
However, these initiatives are currently facing legal challenges. Accusations of fraudulent signature gathering have been raised, and the outcome remains uncertain as a court trial is scheduled for October 29. The fate of these measures ultimately rests in the hands of voters.
The outcomes of these ballot measures will have a profound impact on the future of cannabis in these states. The results will be closely watched by cannabis advocates, industry stakeholders, and the public alike. It is a critical moment for the cannabis industry as these states grapple with the complex legal, social, and economic implications of legalization.