Advocates in South Dakota recently turned in a batch of signatures to get their adult-use cannabis initiative on the ballot in November.

South Dakotans for Better Marijuana Laws (SDBML) collected 29,030 signatures and submitted them on May 7, which was the deadline set by the Secretary of State Monae Johnson’s office. Out of that amount, 17,508 must be verified in order for the initiative to appear on the ballot. “Today is the culmination of seven months of hard work by advocates and volunteers across South Dakota,” said SDBML executive director Matthew Schweich. “We are very confident that we have collected enough signatures from registered voters to qualify for this November’s ballot.”

On X, the organization expressed its excitement and confidence that they had collected more than enough signatures in order for the initiative to qualify.

Cannabis Industry Association of South Dakota president Deb Peters also commented on the milestone with hope. “Things all seem to be moving in the right direction for South Dakota to finally win the freedom they voted for a few years ago,” Peters said. “At the federal level, things are moving towards a responsible rescheduling and dozens of states are seeing the tax benefits of recreational cannabis legalization. It’s inspiring to see this industry come together and work so hard. We’re looking forward to Election Day.”

If passed, the initiative would allow adults over 21 to buy and possess up to two ounces of cannabis (or 16 grams of concentrates), while also cultivating six plants per person (with a 12-plant maximum for a single household). Possession of cannabis products cannot exceed 1,600 mg of THC.

Meeting this goal was partially due to the secretary of state’s office approving the organization to pay canvassers to pass out ballot material and collect signatures, in addition to the organization’s volunteers, in December 2023. The campaign material they passed out included the title and ballot description.

Johnson’s office has until August 13 to validate the signatures, according to The Washington Post.

SDBML campaign director Matthew Schweich described South Dakota’s history with adult-use legalization as “turbulent,” but there are numerous reasons for voters to support the 2024 measure. “I think for me, the strongest reason at its core is that if we’re going to allow alcohol to be legal in our society, then it makes absolutely no sense to punish people for using cannabis because alcohol is more harmful to the individual and to society than cannabis,” Schweich said.

In 2020, voters approved an adult-use cannabis initiative (Amendment A) and a medical cannabis initiative (Measure 26). Shortly after the votes were tallied, Gov. Kristi Noem expressed her disappointment. “I was personally opposed to these measures and firmly believe they’re the wrong choice for South Dakota’s communities,” Noem said at the time. We need to be finding ways to strengthen our families, and I think we’re taking a step backward in that effort.”

In February 2021, the adult-use initiative was nullified in court for violating the single subject rule for amending the state constitution. “Amendment A is a revision as it has far-reaching effects on the basic nature of South Dakota’s governmental system,” said Judge Christina Klinger. “The failure to submit Amendment A through the proper constitutional process voids the amendment and it has no effect.” It was later struck down in the Supreme Court in November 2021 as well.

Advocates continued onward in 2022 with another adult-use initiative (Measure 27), however voters decided not to show support and it didn’t pass. Polls conducted prior to the vote suggested that 51% of voters were planning on voting against the initiative, while only 40% were planning on supporting it. Final tallies show that 52.92% voted no, while 47.08% voted yes.

The medical cannabis initiative was not challenged back in 2021, but it took a while for legislators to implement rules necessary to get the program up and running. Patients were finally able to apply for a medical cannabis card starting in November 2021. As of August 2023, the South Dakota Department of Health shared that it has issued 11,500 cards since 2021, with 6,000 cards projected to be issued in 2024. “We’ve doubled the amount that we were projecting to see in three years within two years,” said the state’s medical cannabis program administrator, Jennifer Seale.

Although progress has been minimal, there have been other small victories in South Dakota. In July 2023, two law enforcement officers were forgiven for their past cannabis use. The South Dakota Law Enforcement Officers Standards Commission heard their cases, although both applicants described their cannabis use as a mistake. “I’m not going to fabricate an excuse. It was a mistake. I was in college, my freshman year,” said applicant Kody Beckers. “Looking back at it now was a blessing in disguise for me. I turned my whole act around.”

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Florida has been front and center as of late, after the state Supreme Court recently ruled that its amendment to legalize adult-use cannabis is fit for the ballot in this year’s election. But the Sunshine State is not alone, as North Dakota may be taking another go this November at ushering in its own recreational market.

Earlier this week, a group of 27 North Dakotans filed a 2024 ballot measure petition that would legalize adult-use cannabis in the state if approved, according to a report from The Jamestown Sun. 

Advocates must gather 15,582 signatures from eligible North Dakota voters by July 8 in order for the measure to make the ballot.

A Renewed Effort for Adult-Use Cannabis in North Dakota

The New Economic Frontier committee is sponsoring the latest measure. The new proposal would allow adults over the age of 21 to possess small amounts of cannabis and purchase products from registered cannabis businesses in the state.

“Cannabis legalization is coming, and it’s coming fast,” said New Economic Frontier chair Steve Bakken. “We’ve got a choice here — let out-of-state interests call the shots, or take the lead ourselves. We’ve carefully crafted this initiative right here in North Dakota, making sure it fits what our community really needs. Let’s embrace this opportunity the North Dakota way, with common sense and local input guiding the way.” 

Upon the filing, the committee shared in a release that the measure will lessen the burden on the criminal justice system and act as means for further economic growth in North Dakota. 

Specifically, the committee shared that legalizing adult-use cannabis would allow law enforcement to focus on serious or violent crimes and enhance public safety, ultimately saving taxpayer money. It also pointed to the safety benefits of a regulated market, ensuring products are tested for potency and screened for contaminants. It additionally referenced the increased accessibility for veterans and those with medical conditions who cannot access medical cannabis.

Casey Neumann, CEO of local businesses Pure Dakota and Pure Dakota Health, nodded to this benefit, saying that he’s personally seen how medical cannabis can help residents battling numerous conditions like cancer, anxiety and chronic pain.

“This makes it easier for our neighbors to access cannabis for their medicinal needs, but it also will benefit our state as a whole through its taxation,” Neumann said. “The positive economic impact alone is a key reason why all North Dakotans should vote yes. Legalizing cannabis paves the way for a more prosperous future for our state.”

The committee cited a projected $38.4 billion in U.S. cannabis industry revenue for 2024, alongside 400,000 supported jobs and boosted funding for local school organizations and programs in communities throughout the state.

The Latest Move in a Years-Long Push for Recreational Reform 

If seeing “North Dakota,” “ballot measure” and “adult-use cannabis” elicits a bit of déjà vu, it’s not without merit. 

Voters weighed in on Statutory Measure 2 during the 2022 election season, which would have legalized the production, processing and sale of cannabis in the state while allowing for adults over 21 to possess and use various forms of cannabis. Voters ultimately rejected the proposal, garnering just 45% approval.

North Dakota also made an effort to legalize recreational cannabis in 2018 through a ballot measure, but voters rejected that attempt as well with just 41% approving of the proposal.

Voters in the state approved medical cannabis legalization via Measure 5 in 2016, though the state Legislature later amended it to remove a provision allowing medical cannabis patients to grow their own cannabis. Gov. Doug Burgum also signed legislation to reduce cannabis possession penalties in 2019, though ingesting any amount of cannabis is still a misdemeanor punishable by 30 days in jail and a maximum fine of $1,500, with possession of less than a half-ounce punishable by a fine of up to $1,000.

While neighboring South Dakota similarly rejected its own recreational cannabis ballot measure in 2022, Minnesota sits just to the east of both states and legalized cannabis in 2023, with residents allowed to cultivate, possess and smoke cannabis flower. Sales are expected to launch in 2025.

Given trends of other states with neighbors gradually working to embrace cannabis reform — with advocates and lawmakers pushing to legalize rather than losing business and tax dollars through residents traveling across borders to purchase products — Minnesota’s recent leap could provide a bit of extra momentum for North Dakota’s effort this time around.

It’s now up to the secretary of state and attorney general to draft a petition title, which must be provided to the sponsored committee between April 23-25. 

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Democratic strategists see opportunities to attract Florida voters to the party’s candidates now that constitutional amendment initiatives to legalize recreational marijuana and guarantee broader abortion rights have qualified for the ballot. The Florida Supreme Court announced on April 1 that Amendment 3 to legalize adult-use cannabis and Amendment 4 to protect abortion rights had fulfilled state requirements and would appear on the ballot for this fall’s presidential general election.

If passed, Amendment 3 would legalize cannabis for adults aged 21 and older and allow Florida’s existing licensed medical marijuana retailers to begin serving all adult consumers. Amendment 4 says that “no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider,” with an exception for laws that require parental notification when minors get abortions. If passed, the amendment would effectively nullify a separate Supreme Court ruling issued last week that upheld the state’s 15-week limit on abortion and set the stage for approval of a six-week limit.

With 30 electoral votes, both the Republican and Democratic presidential campaigns eye Florida as a significant step on the path to victory in November. Democratic strategists see the addition of Amendment 3 and Amendment 4 to the November ballot as an opportunity to attract young voters, who tend to support abortion rights and cannabis policy reform.

“Both abortion and marijuana legalization are highly resonate with young people, which is a key demographic that the president has got to turn out,” Joseph Geevarghese, executive director of the grassroots progressive group Our Revolution, told The Hill. 

Biden Campaign Eyes Florida

On Monday, the Biden campaign released a memo indicating it would invest heavily in Trump’s home state of Florida, saying the policies of the former president and the Republican Party are “making Floridians’ lives worse.” Four years ago, Trump won the Sunshine State with 51% of the vote, while Biden took 48% of the vote.

Julie Chávez Rodríguez, the campaign manager for Biden’s reelection bid, said that the campaign is running ads in Florida targeting young voters and other demographic groups including Black and Hispanic voters. 

“Make no mistake: Florida is not an easy state to win, but it is a winnable one for President Biden, especially given Trump’s weak, cash-strapped campaign, and serious vulnerabilities within his coalition,” she said in the memo.

To win the state, the Biden campaign will have to have a strong showing from Democratic-leaning voting blocks including Black voters and young adults. Nikki Fried, chair of the Florida Democratic Party and an ally of the medical cannabis industry while serving as the state’s commissioner of agriculture, said she has already observed increased enthusiasm among young voters since the court rulings last week.

“Just based purely on watching social media in the last 24 hours, the youth vote is excited about the opportunity to be voting on cannabis and abortion in November,” she said.

Michael Starr Hopkins has experience running Democratic campaigns in Florida, serving as senior advisor for former Congressman Charlie Crist’s unsuccessful bid for governor of the state in 2022. As the country gears up for the November vote, the Democratic strategist sees the views of many Republicans as incompatible with those of most younger voters.

“Abortion and marijuana on the ballot could be an electoral earthquake for the youth vote in Florida. The GOP’s anti-choice, anti-cannabis stance isn’t just out of touch, it’s straight out of the stone age,” said Starr Hopkins. “Having these two hot-button issues front and center is going to turbocharge youth turnout, which is never a good thing for Republicans.”

Democrats See Success in Ohio and Alabama

Democrats see similarities between the situation developing in Florida this year with the 2023 race in Ohio. The ballot for that election included an initiative to legalize recreational marijuana and an amendment to enshrine the “fundamental right to reproductive freedom” with “reasonable limits” in the Ohio Constitution. Propelled in part by a strong turnout of young voters, both ballot measures passed, handing Republican party leaders two losses in one fell swoop.

In Alabama late last month, Democrat Marilyn Lands won a special election for a state House seat after leaning into abortion rights and protecting in vitro fertilization (IVF) as issues for her campaign. Only weeks before, the Alabama Supreme Court ruled that frozen human embryos are legally people, leading to a halt of IVF services in the state, at least temporarily.

“Ballot initiatives can be game changing for campaigns. Just last week we saw a Democrat win a state house seat in Alabama focused on IVF, showing the power of the issue in a deep red state,” said Democratic strategist Andrea Riccio, co-founder of Velocity Partners. “With recreational marijuana use and abortion access on the ballot, the Biden campaign has a real opportunity to activate young voters and turn Florida blue.”

Currently, Trump has a 0.8 percentage point lead over Biden overall, according to The Hill and Decision Desk HQ’s aggregation of polls. With weed and abortion on the ballot in Florida, however, Democrats believe they can overcome the deficit in the state, securing its 30 electoral votes for Biden.

“If the GOP keeps underestimating the power of pissed-off young people, they’re in for a rude awakening at the ballot box. Florida could slip from their grasp as cash-strapped Republicans struggle to counter the surge of energized young voters,” said Starr Hopkins. “It’s a perfect storm that could spell disaster for the GOP’s chances in the Sunshine State.”

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The Florida Supreme Court recently decided in a 5-2 ruling that it will not be preventing an adult-use cannabis initiative from appearing on this year’s ballot. Later this year, voters will voice their opinion on “Florida Amendment 3, Marijuana Legalization Initiative,” where a “yes” supports legalizing adult-use cannabis and permitting possession of up to three ounces, and a “no” opposes adult-use legalization and all it would pertain.

This decision is the result of Attorney General Ashley Moody’s challenge of the initiative’s ballot language in summer 2023, arguing that the measure is misleading and doesn’t inform voters about federal prohibition. Moody also challenged a ballot initiative from 2022, to which the Supreme Court ultimately decided it was invalid.

The current initiative that will now be put in front of voters in November is backed by the advocacy group Smart & Safe Florida, which according to Politico, collected more than 1 million signatures to get the initiative onto the ballot. 

According to a written opinion from Justice Jamie Grosshans, the language doesn’t violate the single-subject rule, and is not too confusing for voters. “Selling and possessing marijuana appear, for better or worse, directly connected, and we cannot say that an amendment addressing both components violates the single-subject requirement,” the opinion stated. “We do not believe the summary would confuse a voter into thinking that the legislature is required to authorize additional licenses. It clearly states that the amendment legalizes adult personal possession and use of marijuana as a matter of Florida law.” Grosshans also addressed Moody’s claim that the amendment would require legislative decision in order to create adult-use dispensary licenses.

Smart & Safe Florida published a post on social media about the recent court ruling. “The court’s decision echoes our commitment to transparent ballot language and the right for voters to decide on vital issues. Here’s to progress and paving the path towards safer cannabis consumption for adults! #Yeson3”

A majority of the funds behind Smart & Safe Florida’s initiative came from the vertically integrated multistate operator, Trulieve, which granted more than $39 million to the effort. Trulieve is one of the largest cannabis companies in Florida, owning 131 of 618 medical cannabis dispensaries currently licensed in the state.

“We are thankful that the Court has correctly ruled the ballot initiative and summary language meets the standards for single subject and clarity. We look forward to supporting this campaign as it heads to the ballot this fall,” said Trulieve CEO Kim Rivers. “Trulieve was the primary financial supporter of the initiative during the signature gathering effort and subsequent court challenge and is a proud supporter, alongside a strong coalition of other companies, of the next important phase to educate Floridians on the amendment and secure a yes vote on Amendment 3 this November.”

In order for the initiative to pass this November, it will need 60% of voter approval, which would allow the state’s currently licensed medical cannabis companies to sell to any adult over 21.

Gov. Ron DeSantis took office in 2019, and shortly thereafter asked the legislature to repeal a ban on cannabis flower. Advocates and patients praised his support, and since then he has acted on that support to create strict rules to prevent medical cannabis advertisements in order to protect children.

However, DeSantis has made it clear that he does not support adult-use cannabis, calling it a “real problem” and referring to the plant as having a “stench.” He campaigned for president in 2023, and made claims that cannabis could be laced with fentanyl, and saying that he would not legalize adult-use cannabis if he were elected president. “Yeah, I would not legalize,” DeSantis said. “I think what’s happened is this stuff is very potent now. I think it’s a real, real problem and I think it’s a lot different than stuff that people were using 30 or 40 years ago. And I think when kids get on that, I think it causes a lot of problems. And then, of course, you know, they can throw fentanyl in any of this stuff now.”

Medical cannabis was legalized in Florida in 2016 with a 71.3% vote, and as of 2023, Florida had 871,000 registered medical cannabis patients, which is the highest number of patients in the country. According to Politico, the medical cannabis legalization effort was funded in majority by “Pot Daddy” John Morgan, who spent $7 million to push the initiative forward.

As of April 2, the Florida Supreme Court permitted a six-week abortion ban to take effect (which was signed by DeSantis in 2023). However, the court also approved a constitutional amendment to appear on the ballot that will ask voters to choose to decide on “Florida Amendment 4, Right to Abortion Initiative.” A “yes” vote would establish constitutional rights to abortion before fetal viability, while a “no” vote would oppose that constitutional right. “We’re thrilled the Court has let the voters decide the fate of abortion access in Florida,” said Laura Goodhue, Florida Alliance of Planned Parenthood Affiliates Executive Director. “This comes at the same time they have allowed a six-week ban to go into effect, making this initiative more important than ever.”

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A Republican-backed proposal in Florida to impose limits on THC potency in marijuana appears to have flamed out in the state’s legislative session.

GOP lawmakers there introduced two measures –– House Bill 1269 and Senate Bill 7050 –– that would “sought to preemptively ban adults’ access to cannabis flower products containing more than 30 percent THC,” according to NORML.

Recreational cannabis for adults remains illegal in Florida, although voters in the Sunshine State could have the opportunity to change that come November. 

The Florida Supreme Court is set to hand down a ruling on whether or not a proposed amendment to legalize cannabis for adults aged 21 and older in the state will qualify for this year’s ballot.

But with the legislative session winding down for the year, the proposals appear all but dead. 

According to local outlet Florida Politics, a key legislative committee “never found space on a Senate Fiscal Policy agenda” for the THC cap proposals. And with the committee’s final meeting slated for Tuesday, that means “the THC caps appear to have burned out before advancing to the Senate floor,” the outlet said.

Advocates of the would-be ballot proposal celebrated the death of the measures.

“We are pleased the voters may have an opportunity to vote on adult use prior to potential implementation language being decided on,” said Steve Vancore, a spokesperson for  medical cannabis provider Trulieve, as quoted by Florida Politics.

NORML was particularly outspoken in its opposition to the THC caps. In a letter sent to Florida lawmakers more than 2,000 times during this legislative session, the group urged the legislature to not “stifle the adult-use cannabis market before Floridians have even had a chance to vote for it.” 

“Prohibiting adults from accessing these products from state-licensed retailers will not eliminate consumers’ demand for them. Rather, it will encourage consumers to seek out high-THC products in the unregulated market. It will also move the production of these products exclusively underground. This undermines the primary goal of legalization, which is to provide patients with safe, above-ground access to lab-tested products of known purity, potency, and quality.”

NORML’s Deputy Director Paul Armentano articulated the group’s opposition to THC caps in a letter to the editor published this month in the Boston Globe.

 “Unlike alcohol, THC is incapable of causing lethal overdose in humans. This fact is acknowledged by the US Drug Enforcement Administration, which has concluded, ‘No deaths from overdose of marijuana have been reported.’ Typically, when consumers encounter higher-potency products, they consume lesser quantities of them. … Rather than banning these products, regulators should provide the public with better safety information about the effects of more potent products, and they should continue to ensure that legal products do not get diverted to the youth market,” Armentano wrote.

Another Florida-based outlet, The Spacecoast Rocket, provided more background on the legislative effort to cap THC:

“The legislative journey for THC cap proposals began with the introduction of SB 7050 in the Senate, spearheaded by the Senate Health Policy Committee. The bill aimed to establish strict limits on the tetrahydrocannabinol (THC) content in cannabis products available in the state. THC is the primary psychoactive compound in marijuana, responsible for the high that users experience. Proponents of the bill argued that capping THC levels would help mitigate potential health risks associated with high-potency marijuana, particularly among younger users. Despite these concerns, SB 7050 encountered significant hurdles in the legislative process. The bill’s progress was halted as it failed to secure a spot on the agenda of the Senate Fiscal Policy Committee. With the legislative session’s committee meetings drawing to a close and no further meetings anticipated, the bill’s advancement has been effectively suspended.”

The Florida Supreme Court has until April 1 to make a ruling on the proposed adult-use marijuana amendment. Both sides made oral arguments before the court last November. 

The proposal is facing a challenge from state Attorney General Ashley Moody, who filed a lawsuit to  in May 2023 to block the marijuana amendment.

USA Today Network reported that Moody argued “that the proposed ballot language was not clear and didn’t stick to a single subject requirement.” 

“Attorneys for the state expanded on that before the Supreme Court, saying the wording didn’t make it clear that marijuana was still illegal under federal law and that the amendment would empower the small cartel that currently supplies medical marijuana,” the outlet said. “Moody previously has said the measure would give an unfair advantage to the state’s largest marijuana purveyor, Trulieve, which contributed all but 124 dollars of the $39 million raised to promote the amendment.”

USA Today Network noted that the Supreme Court justices “appeared to favor the amendment” during oral arguments. Florida Gov. Ron DeSantis predicted last month that the court will approve the amendment, clearing the way for it to make the ballot in November. 

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Arkansas Attorney General Tim Griffin recently rejected a medical cannabis ballot measure because of its title.

The Arkansas Medical Cannabis Amendment of 2024 was submitted on Jan. 12 by Stephen Lancaster of the law firm Wright Lindsey & Jennings LLP. Griffin responded to the submission, although the opinion was initially prepared by Assistant Attorney General William R. Olson on Jan. 29, explaining the reasoning behind his decision to reject the measure in its current form.

He clearly states in the beginning of this letter that his decision is not a reflection of his support or opposition to this ballot measure, or any others. “My decision to certify or reject a popular name and ballot title is unrelated to my view of the proposed measure’s merits,” Griffin began. “I am not authorized to consider the measure’s merits when considering certification.”

However, ballot titles are required to be written in a very specific way. Those who write the measures must ensure that the titles contain all of the essential facts “which would give the voter serious ground for reflection,” but also attempt to keep it brief. “The ballot title is not required to be perfect, nor is it reasonable to expect the title to address every possible legal argument the proposed measure might evoke,” Griffin explained. “The title, however, must be free from any misleading tendency—whether by amplification, omission, or fallacy—and it must not be tinged with partisan coloring. The ballot title must be honest and impartial, and it must convey an intelligible idea of the scope and significance of a proposed change in the law.”

Griffin continued to share the core reason behind the rejection, explaining that the title was not formatted properly and contained ambiguous statements. “Where the effects of a proposed measure on current law are unclear or ambiguous, I am unable to ensure the popular name and ballot title accurately reflect the proposal’s contents until the sponsor clarifies or removes the ambiguities in the proposal itself.”

Griffin is sending the ballot measure authors back to the drawing board to fix the wording. The header, for instance, currently reads “Be it Enacted by the People of the State of Arkansas,” but wording including “enacting clauses” is only required for bills, not constitutional amendments, which may cause voters to be unsure if this is a bill or a constitutional amendment. He also suggested new text to a section that discusses advertising, and ambiguous wording for “rules shall also require child-proof packaging,” addresses that “medical cannabis” as a phrase is not defined anywhere, noting that the interchangeable use of “marijuana plants” and “cannabis plants” be just “cannabis plants” to avoid confusion, and more.

If the Arkansas Medical Cannabis Amendment of 2024 is passed, it would amend the constitution to allow patients and caregivers to cultivate up to seven mature cannabis plants, as well as seven younger plants, expand the qualifying conditions of medical cannabis to include more than the current 18 conditions, allow out-of-state patients holding medical cannabis cards to purchase cannabis in Arkansas, remove fees for cannabis card applications, and allow those cards to last for three years instead of one.

It also includes a section entitled “Effect of future federal classification of marijuana” which would permit possession of up to one ounce of cannabis if the federal government decides to remove cannabis from the list of controlled substances.

The Arkansas Advocate published an article on this topic and noted that the advocate group can only begin collecting signatures once Griffin has signed off on a ballot measure. After that, they have until July 5 to submit 90,704 signatures in order to qualify for the ballot in November.

Erika Gee, an attorney representing Arkansans for Patient Access, shared a statement with the news outlet regarding what’s next. “Arkansans for Patient Access is reviewing Attorney General Tim Griffin’s ballot proposal opinion. We intend to address the issues raised and resubmit,” Gee said. “We are confident ballot language will be presented that ultimately gains approval.”

Arkansas voters legalized medical cannabis in November 2016 through Amendment 98, and sales began in May 2019. In August 2022, a recreational cannabis ballot initiative from Responsible Growth Arkansas was rejected because of its name and title. The group quickly filed a lawsuit  “to challenge the State Board of Election Commissioners’ thwarting of the will of the people and their right to adopt laws by initiative.” The Arkansas Supreme Court said that the measure would still appear on the ballot, as Arkansa Issue 4. However, in November 2022, 56.25% of voters voted no, while only 43.75% voted yes.

Late last year, the Arkansas Medical Marijuana Commission announced that medical cannabis taxes were helping to fund kids’ school lunches in the state. The commission stated that while the state collected $115 million from cannabis taxes, an estimated $87 million was granted for food insecurity.

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Nebraskans for Medical Marijuana (NMM) recently provided an update on its journey to collect the necessary number of signatures to qualify its two cannabis legalization ballot initiatives for 2024. 

In order to qualify, Nebraska initiatives need enough to cover 7% of voters in the state, as well as 5% of voters from 38 of the 98 total Nebraska counties. NMM stated that it has collected signatures in 16 counties so far, and plans to add four more counties to that list before the end of 2023.

According to NMM, it will need to collect 125,000 raw signatures for both of its petitions and submit them no later than July 3, 2024. This includes the Patient Protection Act (which would protect patients using medical cannabis from prosecution) and the Medical Cannabis Regulation Act (which would implement a commission to manage a state program and develop a regulatory framework).

In preparation for the year to come, the advocacy group recently asked its followers and supporters on social media to send in any lingering signature petitions as soon as possible. “Nebraska medical cannabis warriors – we need every petition in the state back ASAP so that we can get an accurate count going in to 2024,” NMM wrote. “Whether you have 1 signature or 100 signatures, please send them now. This is crucial for us to allocate our resources wisely next year.”

In an email newsletter, NMM campaign manager Crista Eggers wrote a positive statement about what they’ve accomplished so far, and praised volunteers for their hard work so far. “Since relaunching our campaign, I’m inspired and hopeful to see Nebraskans of all ages, regions, and political affiliations coming together to support legalizing medical marijuana,” Eggers wrote. “Door knocking, house calls, and stopping by a few local establishments, combined with the force and drive of two amazing grassroots collectors, was a force to be reckoned with.”

Earlier this month, NMM posted a story on its social media pages sharing the efforts of two individuals who put their best foot forward for the cause. “Two amazing people went into a county today to collect what we needed to qualify it. Night fell and they still needed about 15 more signatures. They were told they could call it a day, but they said no. They talked with every single person. They made house calls. And they just collected that final signature that got them to their goal,” Eggers explained. “This campaign is made up of these types of stories. This campaign is made up of these types of people. This campaign doesn’t quit until the job is done. Bring it 2024…”

The medical cannabis ballot initiative campaign was launched by NMM earlier this year in May. “We have no choice but to keep petitioning our government,”said Eggers. “The Legislature refuses to act despite the will of over 80% of Nebraskans, from all parties, regions, ages, etc., supporting this.”

Unfortunately, there are key government legislators contributing to the opposition, including Nebraska Gov. Jim Pillen recently said that medical cannabis “poses demonstrated harms to our children.” “Access to medical marijuana should only happen if it has undergone the FDA-approved process,” Pillen said in September.

Back in 2021, Sen. Pete Ricketts made headlines when he said: “If you legalize marijuana, you’re going to kill your kids.” Eggers, who is mother to a son who has suffered from epileptic seizures since he was two, responded to the statement at the time, explaining that she knows what’s best for her child. “I know what is killing my child, and that is having horrific seizures daily for the last five, six years,” Eggers said.

A medical cannabis ballot initiative was initially proposed in 2020 but it did not make it onto the ballot because of a Supreme court ruling about the state’s single-subject rule. Advocates got right back to work in 2021 with their eyes set on 2022. “We’ve received so much encouragement from individuals all across the state, who support the many patients like our son Colton, who desperately need access to this medicine,” Eggers wrote at the time. “No matter what your political background is, we should all agree that criminalizing a medicine that has the potential to alleviate suffering, is both cruel and inhumane.” Unfortunately, that initiative didn’t meet the requirement either because volunteers didn’t quite meet the 5% voter signature requirement from 38 out of 93 counties.

Sen. Anna Wishart is the NMM co-chair and has been supporting medical cannabis legislative efforts in the past, although many attempts were met with opposition and stalled in the legislature. Most recently in January 2023, she introduced a medical cannabis bill that she called “one of the most conservative medical cannabis bills in the nation,” but it didn’t not receive any additional advancements after April.

In September Eggers said she looks forward to the day when she can tell her son that they finally succeeded in bringing medical cannabis to their home state. “I do know that day will come when I get to tell him and that he will understand that by sharing something that’s very personal and very painful, he helped make a change,” Eggers told the Nebraska Examiner. “Someday there will be a parent that I get to talk to and they won’t have had to fight this battle.”

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Wyoming advocates are more motivated than ever to get a medical cannabis bill on the 2024 ballot, especially because of miscommunication in required signature counts from the Secretary of State’s office.

Advocates reported that inaccurate information was provided by the Secretary of State Chuck Gray’s office regarding how many signatures were actually needed for their initiatives to qualify for the 2024 ballot. According to the Casper Star Tribune, advocates believed they did not collect enough signatures that were necessary to submit the initiatives for ballot consideration based on the information they received from the office. They didn’t submit the signatures they already had based on that advice, but they actually had enough signatures to qualify.

The combined efforts of Compassionate Options Wyoming, Wyoming NORML, and the Wyoming Libertarian Party, all considered pursuing “political and legal options” due to the inaccurate guidance.

Two initiatives were initially going to be presented for qualification, including one which decriminalized possession for small amounts of cannabis, and another that legalized medical cannabis. Advocates initially announced they were unable to collect enough signatures earlier this year in March.

In late September, the office admitted its fault in recommending that the advocates needed 41,776 signatures, when they only needed 29,730 signatures. “…We are a whole new election team, and we have undertaken a comprehensive review of the initiative process in recent months, primarily due to an initiative currently filed with our office,” the office stated in an email, according to the Pinedale Roundup.

Wyoming NORML executive director Bennett Sondeno responded quickly to the statement, challenging the office’s process. “The people of Wyoming have the constitutional right to petition their government. The cannabis petitions should have been treated the same as the party affiliation initiative,” Sondeno said. “Secretary Gray and his ‘new’ team should have provided the same deference and professionalism to the cannabis petition. Why did they not undertake a ‘comprehensive review of the initiative process’ while there was a pending initiative on the table? Their behavior deprived Wyomingites of their rights,” said.

Historically, efforts for cannabis bills in Wyoming have been met with little support. Wyoming NORML attempted to get a medical cannabis initiative onto the ballot in 2016, but advocates only managed to collect 13,000 signatures, according to NORML Executive Director Bennett Sondeno. “It was pretty bleak,” he explained. Another attempt was made when collecting signatures in January 2022 for the 2022 ballot, but were unable to collect enough signatures back then as well.

The silver lining of the situation is that advocates did collect enough signatures to qualify for the ballot once, and they can do it again. “Either way, this fight is not over. Patients, veterans and Wyoming families succeeded at collecting the signatures. This measure will be law no matter how hard they try to refuse our rights,” advocate Marshall Burt said.

In order for the two cannabis initiatives to still be on the ballot for 2024, it would require them to re-collect signatures from scratch before the legislative session begins. Sondeno called this “unrealistic,” and that it’s not enough time, and more difficult to collect signatures once winter has begun. Additionally, he estimated that it would cost advocacy groups $350,000 to collect enough signatures.

Both Sondeno and Oquirrh Mountain Strategies campaign consultant, Apollo Pazell, are hoping to see if they can have the deadline extended. “It was basically the entire process that was really convoluted and confused,” said Pazell. “I think this will be the first time that I’m saying this, but I think it’s something that legislators should look at.”

In Wyoming, ballot initiatives require a 15% signature count in two-thirds of the state’s counties, which according to the Casper Star Tribune, is the highest requirement in the country. Once advocates receive a petition form from the state, they have 18 months to collect enough signatures, which must be submitted before the start of the legislative session of the same year. In this case, before the legislative session begins in February 2024.

Cannabis bills have not made much headway in the Wyoming legislature in the past. House Bill 0106 was introduced in February 2022 with the intention of decriminalizing small amounts of cannabis but no further actions were taken to discuss or consider it.

Wyoming belongs to a small group of states that do not currently have legal medical cannabis, including Idaho, Kansas, and South Carolina. In addition to this, states such as Georgia, Indiana, Iowa, Kentucky, Tennessee, Wisconsin, and Texas all have limited allowances for medical cannabis, but restrict its use to CBD only.

However, advocacy efforts are higher in some of these states, including Kentucky, whose governor has kept progress moving for medical cannabis accessibility. In March, Gov. Andy Beshear signed a medical cannabis bill and became the 38th state to legalize it, but it won’t take effect until January 2025.

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A poll commissioned by the Coalition to Regulate Marijuana Like Alcohol (CRMLA)—the campaign supporting the ballot initiative—and conducted by FM3 Research surveyed likely November voters in mid-August, specifically asking about their stance on ushering in recreational cannabis laws for the Buckeye State.

The results found that roughly three out of five Ohio voters support the cannabis legalization measure set to appear on the November ballot, and nearly two-thirds of respondents said that they believe adult-use cannabis legalization in Ohio is “inevitable.”

Most Ohioans Support November’s Adult-Use Cannabis Measure

The survey consisted of 843 total interviews for Ohio voters likely to turn out for this November’s elections through telephone calls, email and text invitations. 

Nearly two-thirds of voters approved of the state’s medical cannabis system (63% total, with 29% “strongly approving” and 34% “somewhat approving”), a slight drop from September 2020’s 70% total. When asked, “Regardless of how you feel about this specific measure, do you think marijuana should be taxed, regulated, and legalized for adults in Ohio?” 67% agreed (50% strongly and 17% somewhat), once again a slight dip from 2022’s 71% and 2020’s 73%.

The survey also asked Ohioans, regardless of how they feel about adult-use cannabis personally, if they believe the legalization of cannabis in the state is “inevitable.” Sixty-three percent said yes.

The poll then looked at the specific measure on the upcoming ballot. 

A total of 59% of respondents said yes, they were planning to vote for the upcoming cannabis measure — albeit in varying capacities. Thirty-eight percent said “definitely yes,” 17% said “probably yes,” while 5% said “undecided, lean yes.”

About Ohio’s Adult-Use Cannabis Measure

This ballot measure would legalize possession of up to 2.5 ounces of cannabis for adults over the age of 21, along with up to 15 grams of cannabis concentrates. Individuals could grow up to six plants for personal use, capping out at 12 plants per household. The measure would also impost a 10% sales tax on cannabis sales, with revenue divided to support social equity and jobs programs (36%), localities allowing adult-use cannabis enterprises to operate in the region (36%), education and substance misuse programs (25%) and administrative costs of implementing the system (3%).

The measure would also establish a Division of Cannabis Control under the state Department of Commerce, with the authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”

Current medical cannabis businesses would also enjoy a headstart in the recreational market, as regulators would begin issuing adult-use licenses to qualified applicants who operate existing medical cannabis businesses within nine months of enactment. The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses, with preference to applications participating under the cannabis social equity and jobs program.

Municipalities would also be allowed to opt out from allowing new recreational cannabis companies from operating in the area, though they could not block existing medical cannabis businesses from expanding to add co-located adult-use operations. Employers would also be allowed to maintain policies prohibiting workers from consuming recreational cannabis.

Consistent With Other Recent Polling

The results itself says that the results are “remarkably consistent” with other recent, publicly-released polls. 

One of the most recent polls, conducted by Fallon Research and published in August, found that 59% of voters said they would vote yes on the initiative. This poll also used colloquial ballot language when prompting answers, referencing the specific policy changes Ohioans could expect if they voted yes.

Another recent poll conducted by Suffolk university also found that 59% of voters support legalizing adult-use cannabis possession and sales.

A recent study shows that the adult-use market could also create potential for hefty boosts in tax revenue. The study conducted by Ohio State University suggests that the state could generate between $275 million and $403 million by the fifth year of operations in adult-use tax revenue, should voters move to legalize.

The most recent poll data can be found here.

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The Ohio-based advocacy group known as Coalition to Regulate Marijuana Like Alcohol (CRMA) got a citizen-initiative approved to legalize cannabis cultivation, manufacturing, testing, and sales for residents over 21.

In July, advocates submitted 123,367 signatures to qualify for the ballot this November, but they actually needed 124,046. “It looks like we came up a little short in this first phase, but now we have 10 days to find just 679 voters to sign a supplemental petition—this is going to be easy, because a majority of Ohioans support our proposal to regulate and tax adult use marijuana,” said CRMA spokesperson Tom Haren.

Advocates worked to collect the remaining 679 signatures, but instead submitted 6,545 signatures for the initiative to qualify for the ballot in early August.

Recently Ohio voters rejected Issue 1, which was a constitutional change proposal that would have made it more difficult to enact constitutional amendments. In the case of a proposed ballot measure heading to the polls for abortion rights, the failure of Issue 1 would instead allow the measure to pass with a majority vote, rather than a minimum of 60% in favor.

While the cannabis citizen-initiative will not amend the Ohio constitution, and therefore is not affected by Issue 1, it could be indirectly affected in terms of increased voter turnout. “The failure of Issue 1 really, really is going to create a massive turnout in November and the people that I think would be likely to vote on that abortion issue would also be more likely to vote positively on the recreational marijuana issue,” Attorney David Waxman told the Ohio Capital Journal.

Another attorney, James Sandy, added that the hot topic of abortion rights will distract voters from opposing the cannabis initiative. “Being on the ballot with such a hot issue like abortion, some of the groups that might be willing to fundraise against legalizing adult-use in Ohio are going to be using those resources on the abortion initiative,” Sandy said.

Haren maintained confidence for the success of cannabis legalization. “We have always believed that our issue is popular and will pass no matter the date of the election or who we share the ballot with,” Haren said.

A recent poll conducted by Suffolk University found that 59% of voters support legalizing cannabis possession and sales.

“I think people who go out to vote in November are likely to support us no matter what they vote on the abortion amendment,” said Haren. “I think we will be popular among those who vote yes (on the abortion rights amendment) and we’re going to be popular among those who vote no (on the abortion rights amendment) as well.”

The Ohio cannabis ballot initiative was confirmed to be on the ballot on Aug. 16.

A paper published by researchers at Ohio State University, entitled “What Tax Revenues Should Ohioans Expect If Ohio Legalizes Adult-Use Cannabis?” found that Ohio could collect up to $403.6 million in annual tax revenue if cannabis is legalized. This is the second time researchers have published a report on the potential impact of legalization in Ohio, which previously estimated that the state could earn anywhere between $276.2 million (last year’s estimate) to $403.6 million after five years of legalization have passed.

“Though these projections are subject to various assumptions, the tax revenue experiences of other states support claims that Ohio is likely to generate hundreds of millions in tax revenues from a mature adult-use market,” researchers wrote. “For comparison, in FY 2021, Ohio casinos have generated gross tax revenues of over $300 million, so it is possible that cannabis sales in Ohio will generate tax returns comparable to those now collected through the gross casino revenue tax.”

Researchers concluded that these estimates for annual cannabis tax revenue would be impressive, but still only “represent a small percentage of Ohio’s $60+ billion annual budget.”

This article was updated on 8/17/23.

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