Voters in three states—Florida, North Dakota, and South Dakota, to decide on marijuana legalization initiatives in November

Voters in Florida, North Dakota, and South Dakota will decide on ballot initiatives to legalize marijuana in November.

Florida Amendment 3 would legalize marijuana and allow individuals to possess up to three ounces of marijuana (about 85 grams), with up to five grams in the form of concentrate. The initiative would not allow individuals to grow marijuana at home. A 60% supermajority vote is required to approve the amendment. In 2016, Florida voters approved a medical marijuana ballot initiative, Amendment 2, with 71% of the vote.

South Dakota Initiated Measure 29 would legalize marijuana and allow individuals to possess 2 ounces of marijuana, 16 grams of concentrated cannabis, and 1,600 mg of THC contained in cannabis products. Individuals could grow up to six marijuana plants with a limit of 12 per household. South Dakota voters approved a marijuana legalization initiative in 2020, but the initiative was ruled unconstitutional. In 2022, South Dakota voters rejected a marijuana legalization initiative with 52.92% voting against the measure.

North Dakota Initiated Measure 5 would legalize marijuana and allow individuals to possess up to 1 ounce of marijuana flower, four grams of cannabinoid concentrate, 1,500mg of THC in the form of cannabinoid products, and 300mg of edibles. Individuals would be allowed to grow three plants with a limit of six plants per household. North Dakota voters rejected a marijuana legalization initiative in 2018, with 59.45% of voters opposed, and again rejected a marijuana legalization initiative in 2022, with 54.94% of voters opposed.

Signatures were submitted for initiatives in Nebraska to establish a medical marijuana program and an initiative in Arkansas to expand the state’s existing medical marijuana program.

In total, 29 measures proposing to legalize marijuana have appeared on the ballot, 15 of which were approved, one (in South Dakota) was approved and overturned by a court ruling, and 13 were defeated. Partisan control of the 15 states approving marijuana legalization measures was Democratic in four states, divided in five states, and Republican in six states.

Florida, North Dakota, and South Dakota, the states voting on marijuana legalization initiatives in 2024, are all Republican trifecta states, meaning that the Republican party controls both chambers of the state legislature and the governor’s office.

Ohio was the most recent state to legalize marijuana in November 2023 after voters approved Issue 2.

In 2022, five states decided on marijuana legalization ballot measures. In the central U.S., voters in Arkansas, Missouri, North Dakota, and South Dakota considered citizen-initiated measures to legalize marijuana. In Missouri, the initiative was approved. In Arkansas, North Dakota, and South Dakota, the measures were defeated. In Maryland, the state Legislature voted to put the issue before voters, who approved the measure.

As of August 2024, 24 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes. In 13 states and D.C., the ballot initiative process was used to legalize marijuana. In two states, the legislature referred a measure to the ballot for voter approval. In nine states, bills to legalize marijuana were enacted into law.