Which states could legalize weed in 2024? Where marijuana appears on the ballot

With less than two weeks until Election Day, voters are getting ready to cast their ballots. In four states, voters will have the opportunity to voice their opinions on a hot-button topic: marijuana.

Voters in Nebraska, North Dakota, South Dakota and Florida will see marijuana on their ballots on Tuesday, November 5th. And in Massachusetts, where marijuana for medical and recreational purposes is already legal, voters will weigh the possibility of 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 recreational marijuana measure is on the ballot in Florida. Medical marijuana is currently legal in the state.

Amendment 3 requires voters to consider an amendment to the state constitution that would allow the possession, purchase and non-medical use of marijuana by adults 21 and older. The amendment would also allow medical marijuana treatment centers and other licensed government entities to purchase, cultivate, process, manufacture, 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 of marijuana concentrate.

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

Nebraska

Two medical marijuana initiatives are on the Nebraska ballot. Both medical and recreational marijuana are currently illegal in the state.

Initiative Measure 437

Initiative Measure 437 asks 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 medical provider.
A yes vote on Initiative 437 would legalize the use, possession and purchase of medical marijuana in Nebraska, but a no vote on the measure would not.

Initiative Measure 438:

Initiative Measure 438 calls on voters to consider legislation that would legalize the possession, production, distribution, delivery and dispensing of cannabis for medical purposes by registered private entities. The legislation would also create the Nebraska Medical Cannabis Commission to regulate the industry.
A yes vote on Initiative 438 would legalize the possession, production, distribution, delivery and sale of medical marijuana in Nebraska, but a no vote on the measure would not.

To learn more 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 recreational marijuana measure is on the North Dakota ballot. Medical marijuana is currently legal in the state.

Introduced Measure 5 calls on voters to consider a new chapter of legislation that would:

The production, processing and sale of cannabis, as well as the possession and use of cannabis by adults aged 21 years or older.
Direct a government agency to regulate and register recreational cannabis businesses, dispensaries, and their agents.
Provide protection for adults 21 years of age and older who use cannabis.
Provide penalties for violations of the chapter.
Retain certain employer rights regarding employee cannabis use.
Repeal local ordinances that prohibit the purchase, sale, use, delivery, or cultivation of cannabis by adults 21 years of age or older.
Provide that fees should be allocated for the administration of the department.

A “yes” vote on Initiated Measure 5 will approve the chapter, but a “no” vote will not.

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

South Dakota

A recreational marijuana measure is on the ballot in South Dakota. Medical marijuana is currently legal in the state.

Introduced Measure 29 calls on voters to consider legislation that would:

Possession, cultivation, consumption and distribution of marijuana and marijuana paraphernalia by an adult 21 years of age or older.
Restricts the possession and consumption of marijuana in places such as schools or where tobacco is prohibited.
Gives employers the right to restrict the use of marijuana by employees and gives 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 up to six marijuana plants, but no more than 12 plants per household.

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

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

Massachusetts

Massachusetts legalizes both medical and recreational marijuana. On Election Day, Massachusetts voters will have the opportunity to consider a bill related to the legalization of psychedelics.

Question 4 asks voters about legislation that would allow the following:

Possession, cultivation and use of “certain natural psychedelic substances under certain circumstances.”
Purchasing natural psychedelic substances from approved locations under the supervision of a licensed broker.
Regulation and taxation of psychedelic substances
Establishment of the Natural Psychedelic Substances Commission and the Natural Psychedelic Substances Advisory Council.
Provide cities and towns with the ability to reasonably restrict the times, places and manner in which licensed facilities selling psychedelic substances are operated (the facilities cannot be prohibited)
Restrictions based on denial of medical and public assistance, disciplinary action by a professional licensing board, or adverse orders in child custody cases for adults 21 years of age or older who legally use psychedelic substances.

Legal “naturally occurring psychedelic substances” include two substances found in mushrooms (psilocybin and psilocin) and three substances 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 psilocin, 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 space in their homes.

A yes vote on Question 4 will approve the bill, but a no vote will not.

To learn more about the voting issue, visit the Massachusetts Secretary of the Commonwealth website at sec.state.ma.us/divisions/elections/publications/information-for-voters-24/cover_2024.htm.

Currently, 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].