Where marijuana is on the 2024 ballot

Tuesday is Election Day and voters in four states will have a chance to voice their thoughts on the future of marijuana legislation.

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

Here’s what you should know about marijuana legislation and what each state will be voting on this Election Day.

Florida: Amendment 3

On the Florida ballot, Amendment 3 concerns the legalization of recreational marijuana. Medical marijuana is already legal in the state.

Amendment 3 asks voters to consider a state constitutional amendment that would allow the possession, purchase and use of marijuana for non-medical purposes by adults 21 years of age and older. The change would also allow Medical Marijuana Treatment Centers and other licensed state facilities to purchase, grow, process, manufacture, sell and distribute marijuana products and supplies.

Under the amendment, adults 21 and older would be allowed to possess up to three ounces of marijuana and up to five ounces of marijuana concentrate.

Learn more about Amendment 3: dos.elections.myflorida.com/initiatives/initdetail.asp?account=83475&seqnum=2

Nebraska: Initiative Measures 437 and 438

On the Nebraska ballot, Initiative Measures 437 and 438 relate to the legalization of medical marijuana. Medical and recreational marijuana are illegal in the state.

Initiative measure 437 Calls on voters to consider legislation that would legalize the use, possession and purchase of up to five ounces of cannabis for medical purposes with a written recommendation from a health care provider.

Initiative measure 438 Calls on voters to consider legislation that would legalize the possession, manufacture, distribution, delivery and dispensing of cannabis for medical purposes by registered private companies. The bill would also create the Nebraska Medical Cannabis Commission to regulate the industry.

Find out more about Initiative Measures 437 and 438: sos.nebraska.gov/elections/2024-general-sample-ballots

North Dakota: Measure 5 initiated

On the ballot in North Dakota, Measure 5 concerns the legalization of recreational marijuana. Medical marijuana is already legal in the state.

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

Production, processing and sale of cannabis as well as possession and consumption of cannabis by adults aged 21 and over
Direct a government entity to regulate and register recreational cannabis production companies, dispensaries, and their agents
Provide protection for adults 21 years of age and older who use cannabis
Provide penalties for violations of the chapter
Maintain certain employer rights regarding cannabis use by employees
Replace local ordinances that would prohibit the purchase, sale, use, delivery, or cultivation of cannabis by adults 21 years of age or older
Ensure that fees must be used to manage the chapter

Find out more about the initiated measure 5: sos.nd.gov/elections/voter/ballot-measures/measures-ballot

South Dakota: Measure 29 initiated

On the ballot in South Dakota, Measure 29 concerns the legalization of recreational marijuana. Medical marijuana is already legal in the state.

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

Possession, cultivation, ingestion and distribution of marijuana and marijuana paraphernalia by adults 21 years of age or older
Restricts the possession and use of marijuana in areas such as schools or places where tobacco is prohibited
Provides employers the right to restrict an employee’s marijuana use and property owners the right to regulate marijuana use on their property

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

Find out more about Measure 29: sdsos.gov/elections-voting/upcoming-elections/general-information/default.aspx

Massachusetts: Question 4

In the Massachusetts vote, Question 4 is about legalizing psychedelics. Medical and recreational marijuana are already legal in the state.

Question 4 asks voters about legislation that would allow:

Possession, cultivation and consumption of “certain natural psychedelic substances under certain circumstances”
Purchasing natural psychedelic substances from approved locations under the supervision of a licensed facilitator
Regulation and taxation of psychedelic substances
Establishment of a Commission on Natural Psychedelic Substances and an Advisory Board on Natural Psychedelic Substances
Provide cities and towns with the ability to reasonably restrict the time, location, and manner of operation of licensed establishments where psychedelic substances are sold (facilities cannot be banned).
Restriction based on denial of medical care and public assistance, disciplinary action by a professional licensing board, or adverse orders in custody cases for adults 21 years of age or older who legally use psychedelic substances

The approved “natural psychedelic substances” include two found in mushrooms (psilocybin and psilocyn) and three found in plants (dimethyltryptamine, mescaline and ibogaine). Adults 21 years of age and older are allowed to possess up to one gram of psilocybin, one gram of psilocyn, one gram of dimethyltryptamine, 18 grams of mescaline and 30 grams of ibogaine. Adults 21 and older would also be allowed to grow psychedelic substances in a 12-by-12-foot area in their homes.

Learn more about question 4: sec.state.ma.us/divisions/elections/publications/information-for-voters-24/cover_2024.htm

So far, psychedelics are only legal in Oregon and Colorado.

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

Florida: Amendment 3

Nebraska: Initiative Measures 437 and 438

North Dakota: Measure 5 initiated

South Dakota: Measure 29 initiated

Massachusetts: Question 4

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