While Vice President Kamala Harris’s loss of the presidential election on Tuesday may have set back plans to legalize recreational cannabis nationally, her candidacy was not the only way voters could weigh in on the topic. In fact, Florida, Nebraska, North Dakota, and South Dakota all had measures on their ballots that would allow for the production, purchase, and consumption of recreational marijuana within their borders. Let’s take a closer look at what voters in these four states had to say on the matter.
Florida
Floridians punched ballots over Amendment 3, which would have modified the state constitution to allow for the possession, purchase, and use of marijuana for non-medicinal purposes by adults at least 21 years of age. It would also have given the green light for marijuana treatment centers to purchase, grow, process, sell, and distribute cannabis products and marijuana accessories.
Unfortunately for reform advocates, the amendment failed to clear the 60 percent threshold required by state law. Though voters approved the measure by nearly a dozen points, 55.9 percent to 44.1 percent, cannabis will remain legal only for medical purposes in the Sunshine State.
Nebraska
Marijuana enthusiasts in the Cornhusker State had more reason for enthusiasm, as both cannabis-related measures on the ballot passed. Here’s what that means:
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Measure 437 would create a statute legalizing the use, possession, and acquisition of up to 5 ounces of marijuana for medical purposes. Nebraska voters approved the initiative by 70.7 percent.
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Measure 438 would create a statute legalizing the possession, manufacture, distribution, and delivery of marijuana for medical purposes. Nebraska voters approved the initiative by 66.9 percent.
With the passing of these two initiatives, Nebraska finally joined the ranks of states that allow medical marijuana sales and consumption. Unfortunately for legalization advocates, however, strictly recreational sale and consumption remains illegal in Nebraska at this time.
North Dakota
Like Florida, medical marijuana is already legal in North Dakota. Instead, voters there went into the ballot boxes to consider Measure 5. This initiative asked them to decide whether to legalize the sale and consumption of marijuana to adults 21. It also would establish a regulatory body to oversee the recreational cannabis market. North Dakotans rejected the ballot measure by about five percentage points, 52.5 percent to 47.5 percent. As such, recreational cannabis remains illegal in North Dakota.
South Dakota
Voters across the southern border weighed in on Measure 29, which would legalize cannabis for recreational purposes. It would also allow for the possession, ingestion, growing, and distribution of cannabis and related paraphernalia to adults 21 and older.
Like their neighbors to the north, South Dakotans voted against the measure, though by a greater margin. The “no’s” had the day, 55.8 percent to 44.2 percent.
Other Marijuana Measures on the Ballots
While the four states listed above had the highest profile initiative measures concerning marijuana legalization, they were not the only places where voters had a choice. Let’s explore some of the smaller races that put weed on the ballot.
Dallas
Voters in Dallas on Tuesday were in favor of Proposition R, which would decriminalize small amounts of cannabis, by about a two-thirds majority. While the proposition still needs official ratification, it would amend the city charter to:
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Prevent police from arresting or citing individuals for possessing four ounces or less of cannabis, except in cases that might involve felony drug or violence charges
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Prohibit police from using the scent of marijuana as probable cause when searching or seizing property
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Restrict city funds from being used to test potentially cannabis-related products to confirm whether they meet the definition of cannabis
Approximately 149,500 voters were in favor of the initiative versus 81,200 who voted against the proposition.
Notably, Dallas remains one of three Texas cities in the top 10 nationally by population to not have decriminalized marijuana possession. The other two are Houston and San Antonio.
Kentucky
Some 53 counties and 53 cities in Kentucky offered voters the chance to weigh in on whether medical cannabis businesses should be allowed to operate in their jurisdictions. The answer was a resounding yes in all 106. Nearly all local governments will allow the state’s new medical marijuana program to go forward on its January 1 launch date. Only 20 counties have previously passed bans on medical marijuana businesses within their borders.
The counties with the largest margins in favor of medical marijuana sales were Marion and Nelson counties, with about 75 percent of the vote each. Notably, these counties served as the base of operations for the “Cornbread Mafia” in the 1970s and 1980s. Federal prosecutors have claimed the organization was the largest domestic marijuana cartel in U.S. history.
The closest victory margin was in Hickman County, at 54 percent. In other words, county voters approved medical marijuana by victory margins ranging from 8 to nearly 50 percent.
In October, state regulators awarded 16 cultivator licenses and 10 processing licenses via a lottery system. They will award 50 dispensary licenses over two rounds of lotteries by the end of the year.
Michigan
There were a dozen initiatives on ballots across Michigan that would expand cannabis commerce in the state. While recreational marijuana has been legal in the Great Lake State for almost half a decade, many counties are still deciding whether they want to allow sales within their borders. Only three of the measures passed:
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Voters in Berrien County, Niles Township, rescinded a 2019 ordinance banning cannabis sales with 52 percent of the vote. They approved at least four retail, one transporter, and one safety compliance testing license.
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Voters in Gladwin County, Tobacco Township, agreed to allow marijuana businesses to operate by just 15 votes, 794 to 779.
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Voters in Oakland County, Clawson, approved a proposal for a charter amendment allowing for two marijuana retailers, with 54 percent of the vote.
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