Ballot initiatives are as OG as it gets: nearly thirty years ago in 1996, California became the first state to legalize medical marijuana via Proposition 215, also known as the Compassionate Use Act. This provision exempted certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of cannabis for medicinal use- and as they say, the rest is history!

But with election day just around the corner, it’s important that we remember our roots (pun intended) and remind our friends in Arkansas, Florida, Nebraska, North Dakota, South Dakota, and Oregon that cannabis is on the ballot.

Arkansas

If you live in Arkansas you may see marijuana on your ballot, but unfortunately your vote on the measure simply won’t be counted!

The Arkansas Medical Marijuana Expansion Initiative will appear on the ballot in Arkansas as an initiated constitutional amendment, however, in late October, Secretary of State John Thurston announced that votes on the measure would not be counted. Thurston determined that proponents submitted a total of 88,040 signatures, falling short of the 90,704 signatures required. The measure was provisionally placed on the ballot because signature verification was ongoing amid the deadline for the final statewide ballot to be printed but the Arkansas Supreme Court later ruled that although the sponsors submitted enough valid signatures to qualify for the ballot, the amendment’s ballot language was misleading and that votes on the measure would not be counted.

Florida

Voters in the Sunshine State will have the opportunity to cast their vote on legalizing adult use cannabis, but with a catch: in order to pass, proposed amendments need to garner at least 60% of the vote in order to be added to the Florida Constitution. 

Amendment 3 has gotten substantial media coverage: Florida Governor Ron DeSantis has been an outspoken opponent of the measure, while former President Trump has recently stated that “As a Floridian, I will be voting YES on Amendment 3 this November”.

The outcome remains uncertain, though: A recent Emerson College Polling/The Hill survey found that support for Amendment 3 is at 60 percent, while 34 percent are opposed and 6 percent remain undecided.  

Nebraska

Voters in Nebraska will see two medical marijuana measures on their ballots in November, but getting there wasn’t easy: there’s been a local lawsuit and a statewide investigation into whether enough of the signatures were valid. 

Both initiatives would define cannabis as all parts of the plant of the genus cannabis, including marijuana, hashish and concentrated cannabis, but not hemp as defined in state law. One effort, the Nebraska Medical Cannabis Regulation Act, would legalize possessing, manufacturing, distributing, delivering and dispensing cannabis for medical purposes and would create the Nebraska Medical Cannabis Commission to oversee the law. 

The other measure, the Nebraska Medical Cannabis Patient Protection Act, would set an allowable amount of medical cannabis at five ounces; would exempt patients and caregivers from using or assisting someone else in using the cannabis; and would require a written recommendation from a health care practitioner, as well as a legal guardian or parent in the case of minors, prior to prescription.

Advocates in Nebraska tried (and failed) to get medical marijuana on the ballot in 2022 and 2023- hopefully third time’s the charm!

North Dakota

Voters in North Dakota will see Initiated Measure 5, aka the Legalization and Regulation of Cannabis, on their ballots. North Dakota voters approved medical marijuana in 2016 but rejected recreational initiatives in 2018 and 2022. 

The 20-page statutory measure would legalize recreational marijuana for people 21 and older to use at their homes and, if permitted, on others’ private property. The measure also outlines numerous production and processing regulations, prohibited uses — such as in public or in vehicles — and would allow for home grow.

According to a September survey, roughly 45% of registered voters in North Dakota support Initiated Measure 5, while 40% oppose and 15% are undecided.

South Dakota

In South Dakota, voters will see Initiated Measure 29 on the ballot. Measure 29 would legalize cannabis use, possession, distribution and home grows for individuals 21 years and older and allow for limited home grow. It would restrict where individuals could possess or consume cannabis and would also allow employers to restrict an employee’s use of cannabis. To satisfy the state’s single-subject rule, the measure does not establish a commercial marketplace for licensed cultivation or dispensary sales.

This is South Dakota’s third adult-use cannabis measure to appear on the statewide ballot. 

Oregon

Measure 119, known as the Unionization of Cannabis Workers Initiative, is on the ballot in Oregon as an initiated state statute. Measure 119 would require cannabis retailers and processors to submit to the Oregon Liquor and Cannabis Commission with its application or renewal of license a signed labor peace agreement between the cannabis retailer or processor and a labor organization actively engaged in or attempting to represent the retailer’s or processor’s employees.

Currently, California, Connecticut, New Jersey, New York, and Virginia have similar requirements for licensed cannabis businesses. 

All of these measures will shape the narrative around cannabis reform, so whether you live in a state with a marijuana-related initiative or not- make sure you have a plan to get to the ballot box and let your voice be heard!