ALL RED: Conservatism Wins in Key Marijuana and Psychedelic Measures on State Ballots
It turns out, America is a lot more conservative than the media would have the world believe – this was most apparent from the various state ballot measures legalizing marijuana in 2024. On the eve of November 5, 2024, when Donald J. Trump was elected overwhelmingly to a second term as President, voters in four key Republican states also overwhelmingly voted against legal marijuana ballot measures,
… including a surprise outcome in the liberal stronghold of Massachusetts.
FLORIDA
. . . Not so Fast
Recreational Marijuana Legalization LOSES (Amendment 3)
Florida voters rejected Amendment 3 (the nation’s most expensive ballot measure of 2024) which proposed state constitutional amendment that would permit the recreational use of marijuana by adults 21 and older.
Notably, in Florida, a mere simple majority cannot win – as over half of Floridians voted for the recreational marijuana in Florida at 55.9% approval. That’s because Florida requires a 60% ballot measure threshold to approve the ballot, meaning if you want to use marijuana in Florida now, you’ll have to keep it medicinal (which is already legal).
While Amendment 3 would have expanded access to recreational marijuana, the voters instead chose to keep Florida recreational cannabis free– and in the process losing out on hundreds of millions of dollars in tax revenue. Not even Donald Trump’s endorsement of the measure could bring 60% of voters into the fold to make recreational cannabis a thing in Florida.
For now (and the not too distant future), the only cannabis you can legally buy or sell in Florida must be medicinal.
NEBRASKA
That’s a YES!
Medical Marijuana WINS with Initiative Measures 437 and 438
The only state in the 2024 presidential election to approve marijuana legalization were the Cornhuskers themselves. Nebraskans overwhelmingly voted to approve a legal medical marijuana scheme in 2 separate votes. Under Initiative Measures 437 (which won by 70.7%) and 438 (which won by 66.9%) Nebraskans can now purchase medical cannabis from a licensed caregiver with a recommendation from a doctor. Measure 437 allows patients with a doctor’s recommendation to use, possess, and acquire up to five ounces of cannabis – and Measure 438 establishes the Nebraska Medical Cannabis Commission to regulate the system for possession, manufacture, distribution, delivery and dispensing of medical cannabis.
Thanks to this measure, Nebraskans added a new cash crop to their international “green thumb” reputation. Great work, Cornhuskers.
NORTH DAKOTA
That’s a NO from me, boss
Recreational Marijuana Legalization LOSES (Initiative Measure 5)
North Dakotan eked out a no vote on recreational marijuana with 52.5% of voters rejecting Initiative Measure 5, which would have opened the door to recreational use. This measure would legalize the production, processing, sale, and possession of cannabis for adults 21 and over. The proposed legislation included comprehensive rules that would have created a framework for state oversight, detailed protections for adults using marijuana legally, and would have also upheld employer rights to regulate workplace cannabis use.
While North Dakotans already enjoy legal medical marijuana, the economic impact of the no vote means the state will lose out on an estimated $10,227,600 revenue from recreational cannabis sales for North Dakota. Doubtless that the state has creative ways of finding that revenue by other means.
SOUTH DAKOTA
That’s a NO from me, too
Recreational Marijuana Legalization LOSES (Initiated Measure 29)
Like it’s big brother up north, South Dakotans also eked out a no vote on recreational marijuana with 56.3 % of voters rejecting Initiated Measure 29, which would have legalized recreational marijuana in a state where medical marijuana is already allowed.
The failed measure proposed that adults 21 and up could possess up to two ounces of marijuana and grow up to six plants per person, with a maximum of twelve plants per household.
This is the state’s third attempt, and notably, voters approved a legalization measure in the 2020 COVID races, but it was subsequently overturned by the state Supreme Court for violating the single-subject rule (because it tried to legalize both medicinal and recreational in one ballot measure). Another reform proposal was rejected by voters in 2022.
For now, if South Dakotans want to get high with cannabis, they will just have to do it the old fashioned way – medicinally (which is legal with a doctor’s certificate).
MASSACHUSETTS
Chill on the Mushrooms
Legalization of Psychedelics LOSES (Question 4)
The shock of the night might have actually come from a state which has been a pioneer in legal cannabis.
While Massachusettsians . . . (. . . Massachusites? Massholes?) voted to legalize recreational marijuana in 2016 when Trump was coming down the golden escalator, those same voters rejected Question 4, an initiative that proposed to decriminalize the possession, growth, and use of five naturally occurring psychedelic compounds: psilocybin (magic mushrooms), psilocyn (the active compound in magic mushrooms), dimethyltryptamine (known commonly as DMT), mescaline, and ibogaine under regulated circumstances.
Oregon and Colorado have already passed similar measures to decriminalize these naturally occurring substances. Notably, these substances have already been decriminalized in some Massachusetts communities like Amherst, Cambridge, and Salem.
Adults 21 and older would have been able to purchase these substances through licensed facilitators and grow them at home in designated spaces. The measure would also establish a regulatory framework, ensuring cities and towns could manage the operation of psychedelic facilities without banning them outright. Decriminalizing these psychedelics for Massachusetts would have meant a person would be able to avoid prosecution for the possession of these substances.
Psychedelics like the ones proposed have been undergoing lots of research over the past decade into the neurocognitive and mental health therapeutic applications that psychedelic therapy can offer its users, many of whom are unresponsive to mainstream mental health treatments like talk therapy and pharmaceutical intervention.
SO WHAT DO WE MAKE OF THESE BALLOT MEASURES?
It is pretty simple for anyone to see, no matter what you believe about elections, the law, or drugs: America went through an extremely conservative election cycle in 2024 . . .
and the results from these 5 ballot measures should highlight that fact for any voters who are still processing what the hell happened on November 5, 2024.
And as always, if you or someone you know is in need of marijuana expertise, the experienced cannabis legal team of Scott Roberts Law is an excellent resource for any cannabis business issues, schedule your consultation today to see if we can assist you with your medical marijuana business concerns.
