How states voted on marijuana and psychedelic drugs on the ballot
Florida voters reject marijuana use for non-medical purposes.
Recreational marijuana use was on the ballot in three states this election year: Florida, North Dakota and South Dakota. Voters in Florida and North Dakota ultimately rejected those measures, while the Associated Press hasn't officially made a call in South Dakota as of Wednesday morning.
While Florida's measure received a majority of votes, the measure failed because it didn't meet the 60% supermajority requirement to pass.
Regarding medical marijuana initiatives, two measures were passed in Nebraska.
This means the recreational use of marijuana remains legal in 24 states and Washington, D.C., and 39 states and D.C. have legalized its use for medical purposes, now including Nebraska. Two states — Oregon and Colorado — have legalized specific use of psychedelic drugs and natural plant medicines. Massachusetts had a similar measure on the ballot, but voters rejected it.
Here are the status of the ballot measures related to marijuana and psychedelic drugs:
In Arkansas, a proposal to expand access to medical marijuana was technically on the Nov. 5 ballot, but the Arkansas Supreme Court ordered that votes for and against Issue 3 should not count.
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Florida: Adult Personal Use of Marijuana
Status: Did not pass.
What citizen-led Amendment 3 would have done: Amend the state constitution to legalize marijuana use for non-medical purposes for adults 21 years and older. Individuals would have been able to possess up to 3 ounces of marijuana, with up to 5 grams in the form of concentrate.
What the current law says: It is illegal to possess or use marijuana recreationally. Medical marijuana is currently legal for people who have a medical marijuana ID card.
Needed to pass: Supermajority vote of 60%.
Massachusetts: Natural Psychedelics Substances Act
Status: Did not pass.
What citizen-led Question 4 would have done: Amend state statute to allow residents ages 21 and older to possess and consume specific psychedelic substances in their homes or for therapeutic purposes at licensed facilities under supervision. Psychedelics would have included psilocybin and psilocin, two substances found in mushrooms, as well as dimethyltryptamine, mescaline and ibogaine found in plants. The measure would have also established a commission to oversee the therapeutic facilitators, centers, regulation and taxation of certain substances.
What the current law says: Psychedelic drugs or natural plant medicines are considered illegal in the state. Though some communities, including Amherst, Cambridge, Easthampton, Medford, Northampton, Provincetown, Salem and Somerville, have told police not to prioritize investigations into the use and possession of psychedelics or natural plant medicines.
Needed to pass: A simple majority had to be in favor of the ballot measure, and 30% or more of the voters casting ballots must have voted “yes.”
Nebraska: Medical cannabis initiatives
Status: Passed, but there's a chance they might not take effect due to ongoing legal challenges over signatures collected to get the measures on the ballot.
What the citizen-led measures will do: Initiative 437 will adopt a state statute to legalize the use of a certain amount of medical marijuana for qualified patients. Initiative 438 will establish a commission to regulate the medical marijuana program.
What the current law says: It’s currently illegal to use marijuana for medical or recreational purposes in Nebraska.
Needed to pass: Simple majority in favor of the measure and must be greater than 35% of the total votes cast in the election.
North Dakota: Marijuana legalization initiative
Status: Not passed.
What citizen-led Measure 5 would have done: Amend state statute to legalize recreational use with possession limits and would have allowed some individuals to grow a certain amount of marijuana plants.
What the current law says: Recreational use of marijuana is illegal in the state. Medical marijuana is legal for certain medical conditions.
Needed to pass: More than 50% of the vote.
South Dakota: Marijuana legalization initiative
Status: Too early to call.
What citizen-led Measure 29 would do: The state statute would be amended to legalize recreational marijuana use for adults 21 years and older, with limits on the amount a person can possess. It would also allow people to own personal marijuana plants, with restrictions.
What the current law says: Marijuana use for medical purposes is legal, but it is not legal for recreational purposes in South Dakota.
Needed to pass: More than 50% of the vote.
