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

Greta Cross, USA TODAY
Updated
6 min read

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.

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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.

A sign supporting marijuana ballot measure Amendment 3 is seen near AYR Cannabis Dispensary in Panama City, Florida on Oct. 24, 2024.
A sign supporting marijuana ballot measure Amendment 3 is seen near AYR Cannabis Dispensary in Panama City, Florida on Oct. 24, 2024.

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.

Marijuana grows in the flower room at Great Smoky Cannabis in Cherokee, North Carolina.
Marijuana grows in the flower room at Great Smoky Cannabis in Cherokee, North Carolina.

North Dakota: Measure 5

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

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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:

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  • 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.

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.

Massachusetts: Question 4

Both medical and recreational marijuana are legal in the state of Massachusetts. On Election Day, Massachusetts voters will have the opportunity to consider legislation related to the legalization of psychedelics.

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Question 4 asks voters about legislation that would allow the following:

  • Possession, growing and use of "certain natural psychedelic substances in certain circumstances"

  • Purchase of natural psychedelic substances from approved locations under the supervision of a licensed facilitator

  • Regulation and taxation of psychedelic substances

  • Creation of a Natural Psychedelic Substances Commission and Natural Psychedelic Substances Advisory Board

  • Provide cities and towns the ability to reasonably restrict the time, place and manner of the operation of licensed facilities selling psychedelic substances (facilities cannot be banned)

  • Restriction on the basis to deny medical care and public assistance, discipline by a professional licensing board or adverse orders in child custody cases for adults 21 and up using psychedelic substances legally

Permitted "natural psychedelic substances" include two found in mushrooms (psilocybin and psilocyn) and three found in plants (dimethyltryptamine, mescaline and ibogaine). Adults 21 and up would be authorized to possess up to one gram of psilocybin, one gram of psilocyn, one gram of dimethyltryptamine, 18 grams of mescaline and and 30 grams of ibogaine. Adults 21 and up would also be permitted to grow psychedelic substances in a 12-foot-by-12-foot area in their homes.

A vote "yes" on Question 4 would approve the legislation and a vote "no" would not.

Psilocybin is a psychedelic compound found in magic mushrooms.
Psilocybin is a psychedelic compound found in magic mushrooms.

To learn more about the ballot question, visit the Secretary of the Commonwealth of Massachusetts website at sec.state.ma.us/divisions/elections/publications/information-for-voters-24/cover_2024.htm.

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To date, psychedelics are only legal in Oregon and Colorado.

Greta Cross is a national trending reporter at USA TODAY. Follow her on X and Instagram @gretalcross. Story idea? Email her at [email protected].

This article originally appeared on USA TODAY: Which states could legalize weed in 2024? Where marijuana is on ballot

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