Despite both presidential candidates voicing their support for cannabis reform, the 2024 election brought disappointment to cannabis advocates, with only one out of five states approving cannabis initiatives. With 38 states legalizing medical cannabis and 24 allowing adult-use, many are left wondering what it will take for the remaining states to embrace legalization. Even as the federal government holds hearings on potentially rescheduling cannabis under the Controlled Substances Act, these discussions fell short of swaying voters in these states. So, what prevented these states from advancing cannabis reform?
Florida
In the Sunshine State, Amendment 3 failed to obtain 60% voter approval, as the state requires a supermajority to pass a constitutional amendment. If Amendment 3 passed, the proposed amendment would have legalized cannabis possession, purchase and use for adults 21 years or older. Moreover, it would have allowed adults to legally possess up to 85 grams of cannabis or 5 grams of cannabis concentrate. Under Amendment 3, the current Medical Marijuana Treatment Centers (“MMTCs”) would have been granted the opportunity to service the prospective adult-use market.
Although the campaign overseen by Smart and Safe Florida received more than $150 million in funding—primarily provided by Florida’s primary MMTC, Trulieve, it was only able to acquire 55.9% of voter approval. Opponents claims that legalizing cannabis would increase unregulated drug use, makes roads more dangerous, and negatively impact children. For those that want to enter Florida’s billion-dollar cannabis industry, Governor Ron DeSantis’ (R) remarks regarding Amendment 3’s language cementing Trulieve’s “monopoly” over Florida’s market may have been persuasive enough. Further, due to the state’s single-subject rule, home cultivation was left out of Amendment 3, which may have turned off the state’s voters.
Even though the state was unsuccessful in its attempt to legalize adult-use, we will likely see a second campaign for legalization underway to acquire enough signatures to be placed on the 2026 ballot. This is no surprise, as voter approval of medical cannabis in the state took two attempts–unsuccessfully in 2014, but successfully in 2016. Unfortunately, the 2026 ballot pathway may have to overcome additional hardships as Governor Ron DeSantis’ Election Security Office is calling on Florida lawmakers to consider major reforms to the state’s initiative petition process, making it more difficult and costly.
North Dakota
On November 5th, only 47% of North Dakotans approved of legalizing recreational cannabis in the Peace Garden State. Unfortunately for advocates in the state, this is its third defeat in 6 years as prior initiatives failed in 2018 and 2022. If Measure 5 passed, adults 21 years and older would have been allowed to possess up to 1 ounce of cannabis, 4 grams of concentrate, 1,500mg of THC in the form of cannabinoid products, and 300 mg. of edibles. Moreover, residents would have been able to cultivate 3 plants at home (limit to 6 plants per household). Measure 5 would have given authority to the Department of Health and Human Services, or another state agency, to develop regulations for the market by October 1, 2025, which would have seen up to 7 cultivators and 18 dispensaries.
Although this was advocates’ third defeat for legalization, the New Economic Frontier is hopeful for future initiatives as Measure 5 saw the highest voter turnout rate yet.
South Dakota
Similar to its sister state, South Dakotans defeated Measure 29, which would have legalized adult-use in the Mount Rushmore State. The Measure only acquired 44.46% of voter approval, which is a slight surprise as voters approved of an adult-use program measure in 2020; however, it was overturned by the state Supreme Court for violating the state’s single-subject rule. If Measure 29 passed, adults 21 years and older would have been permitted to possess 2 ounces of cannabis, 16 grams of concentrate, and 1,600 mg. of THC contained in cannabis products. Moreover, adults would have been able to possess up to 6 cannabis plants, with a maximum of 12 per household.
Due to the 2020 measure violating the single-subject rule, advocates refrained from including the proposed licensing program in Measure 29, which would have left it to the state legislature to establish the regulatory framework of the adult-use program.
Arkansas
The Natural State faced an uphill battle regarding Issue 3, which would have expanded the state’s current medical cannabis program. Although Arkansas voters were able to vote on the Issue, the state Supreme Court ruled that the initiative’s language was “misleading” due to the initiative including a provision to legalize adult-use if subsequently legalized by the federal government. If it passed, the Medical Marijuana Expansion Initiative would have allowed patients to grow up to 14 cannabis plants, including up to 7 mature plants, expanded the list of medical conditions to increase patient access, and allow the state’s program to accept out-of-state medical cannabis cards.
Nebraska
Following a majority vote in favor of Initiative 437, the Nebraska Medical Cannabis Protection Act has been enacted. Now, “qualified patients” will be able to use, possess, and acquire up to five ounces of cannabis to treat their health conditions. To qualify as a patient under the Act, an individual must be 18 years or older with a written recommendation from a health care practitioner; those under the age of 18 must have a written recommendation and written permission from a legal guardian or parent. As currently written, the Act does not set forth a list of “qualifying conditions,” which expands patient access by not applying a restrictive list.
Nebraskans further approved of Initiative 438, which enacts the Nebraska Medical Cannabis Regulation Act. Under the new Act, the newly formed Nebraska Medical Cannabis Commission has the authority to establish and adopt regulations, including rules to accept/deny applications for licensure, by July 1, 2025. Following the adoption of the Commission’s regulations, the Commission must grant medical cannabis business licenses by October 1, 2025. Based on the proposed timeline set forth in the Act, the market may open as early as Summer 2026, depending on various factors such as construction of facilities, Commission inspections, licensing roll-out and potential litigation.
Despite a majority of Nebraskan voters approving Initiatives 437 and 438, the state’s potential to become the 39th to legalize medical cannabis remains uncertain. An ongoing lawsuit challenging the validity of the Initiatives’ signatures could overturn the voters’ decision. Closing arguments concluded last week, and Judge Susan Strong of the Lancaster County District Court has given both parties until November 12, 2024, to submit additional briefs. A ruling may take several weeks, with medical cannabis advocates prepared to demonstrate sufficient signatures if the Judge rules in favor of the plaintiffs.
Conclusion
The year 2024 marked a setback for cannabis reform, becoming the first year since 2017 without new states legalizing adult-use cannabis. While this election cycle wasn’t favorable for cannabis progress, many remain optimistic that the legislative sessions in 2025 will reignite momentum. Advocates are hopeful that shifting public attitudes, coupled with ongoing federal rescheduling discussions, will encourage lawmakers to address cannabis reform. As more states witness the economic and social benefits of legalization, there’s growing pressure for those still holding out to reconsider. The path forward may be challenging, but advocates are prepared to push harder for meaningful change in the coming year.