Election 2024: Cannabis at the Ballot Box Results

A.W. Naves
November 8, 2024

Election day saw cannabis bills on the ballot for four states. Citizens in Florida, North Dakota, and South Dakota voted on bills that would legalize recreational cannabis use in their states. Nebraska voters decided whether medical cannabis sales would be legalized. Let’s take a look at how each measure fared on election day and what might come next for each state in legalizing cannabis.

Florida

Amendment 3, a proposal to legalize recreational cannabis, garnered support from 55.9% of Florida voters, but it fell short of the 60% threshold needed for passage. This amendment would have legalized adult-use cannabis for those 21 and older, allowing licensed entities to cultivate, process, and distribute cannabis products across the state. Despite a majority voting in favor of the measure, Florida’s supermajority requirement meant that the measure did not pass. Governor Ron DeSantis and other state leaders have repeatedly voiced opposition to recreational cannabis, adding additional hurdles for advocates​.


For Florida, the path forward may include reintroducing a similar measure for the 2026 ballot. Advocates are also exploring the possibility of pushing for legislative action to expand cannabis access in incremental ways, such as expanding medical cannabis provisions or allowing some level of decriminalization. With substantial public support, future campaigns will likely focus on educating voters and rallying for a supermajority. In the meantime, supporters are expected to continue lobbying for policy changes within the state legislature​.

A blue-green progress bar indicating 55.9% is short of the 60% required.


Nebraska

Nebraska passed two key measures, Initiative 437 and Initiative 438, legalizing medical cannabis and establishing the Nebraska Medical Cannabis Commission to oversee its regulation. The final vote shows 70.7% of voters said yes to Initiative 437 and 66.9% of voters said yes to Initiative 438. Initiative 437 allows possession of up to five ounces of cannabis for medical use with a healthcare provider’s recommendation, while Initiative 438 creates a regulatory framework for distribution, permitting licensed entities to grow, distribute, and sell medical cannabis products. This marks Nebraska’s first major step toward cannabis legalization. Recreational use remains illegal​.


Although these initiatives were successful, they face legal challenges in the state’s courts over petition signatures, which could delay or nullify the measures if enough signatures are invalidated. If upheld, the Nebraska Medical Cannabis Commission will develop and implement regulations by mid-2025, with licensing beginning by October 2025. This will establish Nebraska as a medical-only cannabis state, though advocates may press for broader legalization down the line if public sentiment continues to shift​.

North Dakota

North Dakota’s Measure 5, which proposed legalizing recreational cannabis, failed with only 47.5% support. This measure would have allowed adults to possess up to one ounce of cannabis flower, four grams of concentrate, and limited amounts of cannabis edibles. North Dakota currently has a legal medical cannabis program which has repeatedly faced challenges in expanding legalization to recreational use​.


For North Dakota, the focus is likely to shift to either reintroducing a recreational measure in 2026 or lobbying legislators to relax cannabis regulations incrementally. Since North Dakota’s population leans conservative, advocates may aim to build more local support and educate voters about economic benefits of legalization. Given the near split in public opinion, future campaigns may gain traction if they emphasize revenue and job creation in an agricultural state​.

A woman has a thoughtful expression while completing her ballot to vote on cannabis.

South Dakota

South Dakota voters rejected Measure 29, which aimed to legalize cannabis for personal use, possession, and home cultivation for adults. The results show 56% of voters against and 44% in favor of the bill. This measure did not include a regulatory framework, relying instead on legislative action to establish industry guidelines if passed. Previously, South Dakota voters approved a recreational cannabis measure in 2020, which was overturned by the state’s Supreme Court due to technicalities, making this year’s failure another setback for adult-use cannabis advocates​.


Following this defeat, cannabis advocates in South Dakota may consider a more targeted approach. Options include reintroducing a simpler measure in 2026 or advocating for medical program expansions, such as broader qualifying conditions or decriminalization. Supporters are also likely to increase efforts at community education, addressing economic and public safety arguments. Given the historical support in 2020, further changes could eventually sway public opinion toward legalization​.

Final Thoughts

The 2024 election results illustrate that while cannabis reform faces substantial challenges in certain states, public support remains strong. Future initiatives will likely involve refined campaign strategies, incremental policy proposals, and increased efforts to engage voters in each state’s unique political landscape.

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November 2024

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