Voters in five states saw cannabis-related measures on their ballots in 2024, but only one of the measures passed.
The path to change was especially challenging this year. In October, the Arkansas Supreme Court declared the state’s medical marijuana expansion measure “misleading” and prohibited counting the votes. While Nebraska voters approved their two related medical marijuana measures by 70.74 and 66.95 percent, a lawsuit over ballot-access signatures is expected to reach the Nebraska Supreme Court, where it could delay or negate the will of the voters. Nearly 6 million people voted to legalize recreational cannabis in Florida, but that wasn’t enough to meet the 60-percent threshold required for the measure to pass.
“Smart & Safe Florida ran a historic bipartisan campaign that achieved majority support among Floridians,” said David Culver, head of policy at the U.S. Cannabis Council. “Anywhere else, that would have meant a victory, but Florida requires a supermajority and the state’s governor spent tens of millions of taxpayer dollars to defeat the measure.
“This isn’t the end in Florida,” he added. ”It’s just the beginning, since we’ve now seen how strongly the push for legalization resonates in the state.”
According to NewLake Capital Partners CEO Anthony Coniglio, “Constitutional amendments requiring 60-percent approval are always difficult, but Americans’ support for the cannabis industry is undeniable. What [the Florida] outcome highlights is the need for continued education, advocacy, and long-term strategy to break through resistance in key markets. The cannabis sector will remain resilient, and operators, investors, and advocates alike will continue to push for reform in states where the regulatory environment is more favorable.”
Cannabis ballot measure results
- Florida’s adult-use measure failed.
- Nebraska’s two medical marijuana initiatives passed.
- South Dakota’s adult-use cannabis measure failed.
- North Dakota’s adult-use measure failed.
- Arkansas’s votes for medical marijuana expansion were not counted.
Florida: Amendment 3, Marijuana Legalization Initiative
A majority of Florida voters approved the adult-use cannabis ballot measure with 55.9 percent in favor, but the vote fell short of the 60-percent supermajority required to pass a constitutional amendment in the state. Eleven U.S. states require a supermajority for legislatively referred constitutional amendments, with Illinois and Florida requiring a vote of 60 percent for a constitutional amendment to win. Other states define the supermajority at different thresholds. In Colorado, referred or initiated amendments require 55 percent of the vote to pass. In New Hampshire, proposed amendments require two-thirds of the vote to become part of the state’s constitution.
“While the amendment did not pass, this does not signal an end to cannabis discussions in Florida, but rather a continuation of an ongoing dialogue about responsible cannabis access and economic strategy,” said Tyler Beuerlein, chief strategic business development officer at Safe Harbor Financial. “Despite this setback, broader national trends continue to indicate growing bipartisan support for cannabis reform. The cannabis industry must remain adaptable, understanding that legislative progress is rarely linear and requires persistent, strategic engagement.”
Until there’s a significant change at the federal level, Florida’s cannabis industry will have to settle for a relatively small customer base of about 800,000 registered patients.
“While the failure to pass Amendment 3 in Florida is disappointing to many across the state, it is important to remember that Florida’s medical cannabis program remains robust and fully intact,” said Aaron Bloom, CEO of DocMJ. “The medical marijuana program continues to offer significant benefits, including tax exemptions, higher possession limits, and access to potent, medical-grade products that adult-use markets typically do not provide.”
What the amendment would have done: Legalize recreational marijuana for adults age 21 and older. Allowed adults to possess up to three ounces of cannabis and five grams of concentrate. Existing medical marijuana dispensaries would have been allowed to sell recreational cannabis. The Florida State Legislature could have allowed for the licensure of other entities to acquire, cultivate, process, manufacture, sell, and distribute cannabis-related products for adult consumption.
When it takes effect: N/A
Additional info: To avoid conflicts with Florida’s “single-subject rule,” the amendment did not include provisions for home cultivation or criminal-record expungement.
Nebraska – Initiative 437, Marijuana Legalization Initiative; Initiative 438, Medical Marijuana Regulation Initiative
Nebraska voters approved their medical marijuana measures (Initiative 437 and Initiative 438) by a wide margin Tuesday, but legal challenges over signatures are expected to reach the Nebraska Supreme Court. Former State Senator John Kuehn and current Nebraska Secretary of State Bob Evnen, both Republicans, have challenged the validity of thousands of validated signatures for each measure’s petition for ballot access. The Nebraska Attorney General’s office is defending Evnen in the lawsuit.
According to the Nebraska Examiner, attorneys involved in the case and Lancaster County District Judge Susan Strong have acknowledged any decision is likely to be appealed to the state supreme court.
What the amendments do: Initiative 437 legalizes medical marijuana for patients with qualifying conditions. Initiative 438 would establish the Nebraska Medical Cannabis Commission to regulate the program. Qualifying patients would be able to use, possess, and acquire up to five ounces of cannabis.
When they take effect: According to Initiative 438, the cannabis commission must start granting registration to applicants on October 1, 2025. Nebraska officials will meet to certify the election results on December 2, 2022, and legal challenges can continue following certification.
Additional info: A similar medical marijuana initiative was attempted in 2020 but failed after the Nebraska Supreme Court ruled it violated the state’s single-subject rule.
South Dakota – Initiated Measure 29, Marijuana Legalization Initiative
South Dakota voters rejected adult-use cannabis legalization with 56.1 percent of the vote (93 percent reporting). Approximately 173,000 residents supported the failed ballot measure.
“While we respect the voters’ decision, this was a missed opportunity,” said John Mueller, chief executive officer and co-founder at Greenlight Dispensary. “South Dakota will continue to miss out on the economic and public safety benefits that come with a regulated adult-use cannabis market. The illicit market will persist, depriving the state of tax revenue and leaving consumers without tested, regulated products. Many states have successfully implemented adult-use programs, and we believe South Dakota will eventually follow suit.”
What the measure would have done: Legalize recreational marijuana for adults age 21 and over. Allowed possession of up to two ounces of flower, sixteen grams of concentrate, and home cultivation of up to six plants.
When it takes effect: N/A
Additional info: The initiative focused solely on personal use and cultivation. It didn’t attempt to establish a commercial market, due to the state’s single-subject rule.
North Dakota – Initiated Measure 5, Marijuana Legalization Initiative
North Dakota voters showed more support for adult-use cannabis than their neighbors to the south, but the outcome was the same. The opposition won in North Dakota with 52.55 percent of the vote (95 percent reporting). Approximately 190,000 people supported the ballot measure to legalize adult-use cannabis.
What the measure would have done: Legalize cannabis for adults 21 and over, allowing possession of up to one ounce of flower, four grams of concentrate, and 300mg of edibles. It also included home cultivation for up to six plants.
When it takes effect: N/A
Additional info: The measure would have allowed licensing for up to seven cultivation facilities and eighteen retailers.
Arkansas – Medical Marijuana Expansion Initiative
Arkansas voters had the opportunity to vote on the medical marijuana expansion initiative, but their votes were not counted. On October 21 the Arkansas Supreme Court ruled the initiative was “misleading” and instructed the secretary of state to refrain from canvassing or certifying any ballots cast for the proposed amendment.
In its ruling, the court said the initiative’s title suggests the amendment is only concerned with medical purposes, despite language that would legalize possession of up to an ounce of cannabis for any reason if triggered by federal actions such as descheduling or decriminalization.
What the initiative would have done: Modified the state’s medical marijuana program by expanding qualifying conditions and the types of healthcare practitioners who could certify patients. It would have added home growing and reciprocity for out-of-state medical patients while removing some restrictions for cannabis advertising. It also would have allowed cultivation facilities to sell directly to dispensaries, manufacturers, and other cultivation facilities.
Additional info: Healthcare practitioners including medical doctors, osteopathic doctors, nurse practitioners, physicians’ assistants, and pharmacists would have been able to certify patients via telehealth under this measure.
