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

With Election Day less than two weeks away, voters are preparing to cast their ballots. In four states, voters have the opportunity to have their say on a continuing issue: marijuana.

Voters in Nebraska, North Dakota, South Dakota and Florida will see marijuana on their ballots on Tuesday, November 5th. And in Massachusetts, where medical and recreational marijuana is already legal, voters will consider the possibility of legalizing psychedelics.

Here's what you should know about marijuana legislation in the 2024 elections and what each state will be voting on.

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Florida: Amendment 3

A measure related to 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 years of age and older. The change would also allow Medical Marijuana Treatment Centers and other licensed state facilities to purchase, grow, process, manufacture, sell and distribute marijuana products and supplies.

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

Nebraska: Initiative Measures 437 and 438

Two medical marijuana-related initiatives are on the ballot in Nebraska. Currently, both medical and recreational marijuana are 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 health care provider.
A vote “for” Initiative Measure 437 would legalize the use, possession and purchase of medical marijuana in the state of Nebraska, but a vote “against” the measure would not.

Initiative measure 438:

Initiative Measure 438 asks voters to consider a law that would legalize the possession, manufacture, distribution, delivery and dispensing of cannabis for medical purposes by registered private businesses. The bill 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, but a vote “against” 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: Measure 5

A measure related to recreational marijuana is on North Dakota's ballot. Currently, medical marijuana is legal in the state.

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

Production, processing and sale of cannabis as well as possession and consumption of cannabis by adults aged 21 and over
Direct a government entity to regulate and register recreational cannabis production companies, dispensaries, and their agents
Provide protection for adults 21 years of age and older who use cannabis
Provide penalties for violations of the chapter
Maintain certain employer rights regarding cannabis use by employees
Replace local ordinances that would prohibit the purchase, sale, use, delivery, or cultivation of cannabis by adults 21 years of age or older
Ensure that fees must be used to manage the chapter

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

To learn more about the ballot measure and 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: Measure 29 initiated

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

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

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 the possession of up to six marijuana plants, with no more than 12 plants allowed per household.

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

To learn more about the ballot measure and 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: Question 4

Both medical marijuana and recreational marijuana are legal in the state of Massachusetts. On Election Day, Massachusetts voters will have the opportunity to consider legislation to legalize psychedelics.

Question 4 asks voters about legislation that would allow:

Possession, cultivation and consumption of “certain natural psychedelic substances under certain circumstances”
Purchasing natural psychedelic substances from approved locations under the supervision of a licensed facilitator
Regulation and taxation of psychedelic substances
Establishment of a Commission on Natural Psychedelic Substances and an Advisory Board on Natural Psychedelic Substances
Provide cities and towns with the ability to reasonably restrict the time, location, and manner of operation of licensed establishments where psychedelic substances are sold (facilities cannot be banned).
Restriction based on denial of medical care and public assistance, discipline by a professional licensing board, or adverse orders in custody cases for adults 21 years of age or older who legally use psychedelic substances

The approved “natural psychedelic substances” include two found in mushrooms (psilocybin and psilocyn) and three 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 psilocyn, 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 area in their homes.

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

To learn more about the ballot question, visit the Secretary of State 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 trends reporter for USA TODAY. Follow her on X and Instagram @gretalcross. Story idea? Email her at [email protected].

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

Florida: Amendment 3

Nebraska: Initiative Measures 437 and 438

North Dakota: Measure 5

South Dakota: Measure 29 initiated

Massachusetts: Question 4

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