Which States Could Legalize Weed in 2024? Where marijuana is on the ballot

Of Election Day less than two weeks awayvoters are getting ready to cast their votes. In four states, voters will have the opportunity to voice their opinion on an ongoing hot topic: marijuana.

Nebraska, North Dakota, South Dakota And Florida voters will see marijuana on their ballots on Tuesday, November 5. And in Massachusetts, where medical and recreational marijuana is already legal, voters will wonder if this is possible legalizing psychedelics.

Here’s what you need 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 regarding recreational marijuana is on the ballot in Florida. Currently, medical marijuana is 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 and older. The amendment would also allow medical marijuana treatment centers and other licensed government entities to acquire, cultivate, process, produce, sell and distribute marijuana products and accessories.

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

For more information about the amendment, visit the Florida Division of Elections website: dos.elections.myflorida.com/initiatives/initdetail.asp?account=83475&seqnum=2.

Nebraska

Two medical marijuana initiatives are on the agenda in Nebraska. 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, while a vote “against” the measure would not.

Initiative measure 438:

Initiative Measure 438 asks voters to consider a statute that would legalize the possession, production, distribution, supply and dispensation of cannabis for medical purposes by registered private entities. The statute would also create the Nebraska Medical Cannabis Commission to regulate the industry.
A vote “for” Initiative Measure 438 would legalize the possession, manufacture, distribution, delivery, and dispensing of medical marijuana in the state of Nebraska, while a vote “against” the measure would not.

For more information about the two ballot initiatives and to view a sample ballot for the upcoming election, visit the Nebraska Secretary of State’s website at sos.nebraska.gov/elections/2024-general-sample-ballots.

North Dakota

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

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

Production, processing and sale of cannabis and possession and use of cannabis by adults aged 21 and over
Direct a state entity to regulate and register businesses, pharmacies and their agents for the production of recreational cannabis
Provide protection for adults aged 21 and over who use cannabis
Provide penalties for violations of the chapter
Preserve certain employer rights regarding employee use of cannabis
Replaces local ordinances prohibiting the purchase, sale, use, delivery or cultivation of cannabis by adults 21 years of age and older
Ensure that fees are payable for the administration of the chapter

A “yes” vote on initiated Measure 5 would approve the chapter, a “no” vote would not.

For more information about the ballot measure and to view a sample ballot for the upcoming election, visit the North Dakota Secretary of State’s website at sos.nd.gov/elections/voter/ballot-measures/measures-ballot.

South Dakota

A measure regarding recreational marijuana is on the ballot in South Dakota. Currently, medical marijuana is legal in the state.

The 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 and older
Restricts the possession and consumption of marijuana in areas such as schools or where tobacco is prohibited
Gives employers the right to restrict an employee’s use of marijuana and property owners the right to regulate the use of marijuana on their premises

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 ownership of up to six marijuana plants, with no more than 12 plants per household.

A “yes” vote on initiated Measure 29 would pass the legislation, a “no” vote would not.

For more information about the ballot measure and to view a sample ballot for the upcoming election, visit the South Dakota Secretary of State’s website at sdsos.gov/elections-voting/upcoming-elections/general-information/default.aspx.

Massachusetts

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.

Question 4 asks voters for legislation that would allow:

Possession, cultivation 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
Establishment of a Commission for Natural Psychedelic Substances and an Advisory Council for Natural Psychedelic Substances
Allow cities and municipalities to reasonably limit the time, place and manner of operation of licensed facilities that sell psychedelic substances (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 cases involving guardianship of children 21 years of age and older who legally use psychedelic substances

Allowed ‘natural psychedelic substances’ include two substances found in mushrooms (psilocybin and psilocyn) and three found in plants (dimethyltryptamine, mescaline and ibogaine). Adults 21 years and older should possess a maximum of one gram of psilocybin, one gram of psilocyn, one gram of dimethyltryptamine, 18 grams of mescaline and 30 grams of ibogaine. Adults aged 21 and over would also be allowed to grow psychedelic substances at home in a room measuring 3 by 3 meters.

A “yes” vote on Question 4 would pass the legislation, a “no” vote would not.

For more information about the ballot question, please visit the Secretary of the Commonwealth of Massachusetts’ website at 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 trending reporter at USA TODAY. Follow her on X and Instagram @gretalcross. Story idea? Email her at [email protected].