These states must decide whether to legalize marijuana possession

To date, 24 states have legalized recreational marijuana, 13 of them through ballot measures. On Tuesday, North Dakota, South Dakota and Florida could join the list.

Additionally, Nebraska is considering a proposal to legalize medical marijuana statewide.

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Although many states have decriminalized marijuana possession, it remains a federal crime punishable by up to one year in prison.

Florida

Medical marijuana became legal in Florida in 2016 after voters overwhelmingly approved a ballot initiative.

Unlike many states where a simple majority is enough to change the law, Florida requires a supermajority of 60% for the measure to pass.

Emerson College polling in October found 60% of likely voters intend to support the issue.

Gov. Ron DeSantis argued against the bill.

“You should be able to be on the beaches, you should be able to walk down the street, you should be able to be in public places without this permeating everything,” DeSantis said. “There is nothing in this amendment that restricts the use of marijuana in public.”

Smart & Safe Florida spoke in favor of the bill. It is estimated that legal marijuana would generate $431 million per year in government revenue.

Kim Rivers, the CEO of Trulieve, Florida’s largest medical marijuana operator, told Scripps News West Palm Beach that legalizing marijuana sets guardrails for its use.

Florida currently has one of the strictest marijuana laws anywhere. Possession of even trace amounts of marijuana can result in a prison sentence of up to a year.

North Dakota

North Dakota voters will consider marijuana legalization for the third time after rejecting initiatives in 2018 and 2022. In 2018, 59% of voters opposed marijuana legalization. Four years later, 55% of voters rejected legalization.

However, voters in 2016 overwhelmingly supported medical marijuana for people suffering from cancer, AIDS, hepatitis C, ALS, glaucoma and epilepsy.

The proposal would allow people over the age of 21 to possess marijuana without penalty.

Currently, possession of less than 0.5 ounces of marijuana is punishable by a fine of up to $1,000. Consuming any amount of marijuana or possessing more than 0.5 ounces can result in a 30-day jail sentence.

South Dakota

Voters will consider whether to allow people to possess up to 2 ounces of marijuana without penalty. The proposal would also allow residents to grow their own marijuana plants for personal use.

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According to an Emerson College poll, 50 to 45 say they plan to vote against legalization.

Voters approved a measure in 2020 that would legalize recreational marijuana, but a court ruled the measure violated the state’s single-subject rule.

In 2022, an initiative that had some differences in the distribution of tax revenue was rejected by voters by a vote of 52 to 47.

Nebraska

Nebraska appears poised to join the 38 other states that have legalized medical marijuana. Currently, the state will not arrest anyone for possession of up to an ounce, although possession of small amounts can result in a $300 fine.