These States Will Decide Whether to Legalize Marijuana Possession

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

In addition, Nebraska is considering a proposal to legalize medical marijuana throughout the state.

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Although many states have decriminalized marijuana possession, it remains a federal crime punishable by up to a 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 laws, Florida requires a 60% supermajority to pass a measure.

An Emerson College poll in October found that 60% of likely voters planned to support the issue.

Gov. Ron DeSantis opposed 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 stuff getting everywhere,” DeSantis said. “There is nothing in this amendment that would restrict the use of marijuana in public places.”

Smart & Safe Florida spoke in support of the bill. The company estimates that legal marijuana will generate $431 million in revenue for the government annually.

Kim Rivers, CEO of Trulieve, Florida’s largest medical marijuana operator, told Scripps News West Palm Beach that legalizing marijuana creates barriers to its use.

Florida currently has some of the strictest marijuana laws in the country. Even possession of a small amount of marijuana can result in up to a year in prison.

North Dakota

North Dakota voters will consider legalizing marijuana for a third time after rejecting initiatives in 2018 and 2022. In 2018, 59% of voters rejected marijuana legalization. Four years later, 55% of voters said “no” to legalization.

However, in 2016, voters overwhelmingly approved the medical use of marijuana for patients with cancer, AIDS, hepatitis C, ALS, glaucoma and epilepsy.

The proposal would allow people over 21 to possess marijuana without criminal penalties.

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

South Dakota

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

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A poll conducted by Emerson College shows that 50-45 respondents said they intend to vote against legalization.

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

In 2022, the initiative, which had some differences in the distribution of tax revenue, was rejected by voters 52-47.

Nebraska

Nebraska appears poised to join the 38 other states that have legalized marijuana for medical purposes. Currently, the state will not arrest anyone for possession of up to 1 ounce, but possession of small amounts may result in a $300 fine.