Where cannabis is on the ballot tomorrow 🇺🇸

ELECTION DAY
Cannabis goes to the polls

Tomorrow is Election Day, and we’ll be watching all the states weighing cannabis legalization measures like a hawk. Here’s our breakdown of where legalization is on the ballot and what the polls are showing:

FLORIDA

The industry’s biggest prize is Florida, a state with over 23 million people and the potential to change the industry’s fortunes — if the vote goes the right way.

Amendment 3, the legalization ballot measure, needs a 60% supermajority to pass. The latest poll from Florida Atlantic University shows 60% support. But another poll from October 21 shows as high as 66%. Still, it’s likely to be a photo finish, so if you’re reading this from Florida, get out there and vote.

The ballot measure has faced fierce opposition from Gov. Ron DeSantis and the state’s Republican Party, though Former President Donald Trump said he’s planning to vote for it. It’s one of the most expensive and closely-watched ballot initiatives in recent years, and it has the potential to reshape the national Republican Party. 

Some Florida lawmakers have alleged DeSantis spent more than $50 million of taxpayer money fighting legalization, sponsoring people like disgraced former Trump attorney Jenna Ellis to advocate against Amendment 3.

On the other side, Florida-based Trulieve has spent upwards of $140 million on a media blitz pushing the initiative, and CEO Kim Rivers has appeared all over the news and on podcasts like right-wing influencer Laura Loomer’s. 

SOUTH DAKOTA

Will South Dakota be the first state to pass legalization twice?

South Dakotans will vote on Initiated Measure 29, which would legalize the consumption and possession of up to two ounces of cannabis for adults over the age of 21. 

Importantly, the measure does not direct the state to create a legal, regulated market for cannabis. If passed, it would be up to the state’s legislature to do so. 

Voters approved legalization in the state 54-46% in 2020, though Republican Gov. Kristi Noem challenged the law — and it was ultimately struck down by South Dakota’s Supreme Court. Another initiative to legalize cannabis was defeated by voters in 2022. 

Polls indicate 50% of voters are against the initiative, while 45% support it. 

NORTH DAKOTA

North Dakotans will vote on Measure 5 tomorrow, which would legalize cannabis and direct the state to establish rules governing a legal cannabis market.

While North Dakota isn’t a populous state, industry observers will be watching closely to see how cannabis performs in the deep-Red heartland. Voters rejected legalization in 2018 and 2022, though medical cannabis is legal in the state.

A poll from October 3 shows 45% in support, 40% against, and 15% undecided. 

NEBRASKA

Nebraskans will vote on Initiative 437, which would legalize medical cannabis, and Initiative 438, which would establish a Nebraska Medical Cannabis Commission to regulate the industry. 

Recent polls show 59% of voters support the initiative. 

Editor’s note: This has been corrected to reflect that Nebraskans will be voting on two medical cannabis initiatives.

-JB

“I will legalize recreational marijuana, break down unjust legal barriers, and create opportunities for all Americans to succeed in this new industry,” Vice President Kamala Harris said on X, in a last-minute push to turn out the cannabis vote. 

Intoxicating hemp products in Florida laced with pesticides 🦩

A new report from the Tampa Bay Times found that intoxicating hemp products purchased legally across the state contained toxic pesticides. Gov. Ron DeSantis has taken millions from the legal hemp industry to fight a legal, regulated cannabis market. Read more.

More Americans (45%), say the cannabis industry would fare better under a President Harris than a President Trump, according to the latest YouGov poll. 

DeSantis aligns with companies selling high-potency cannabis while fighting Amendment 3 | Miami Herald

It’s time to level the playing field between marijuana and hemp products with a single cannabis retailer license type (Op-Ed) | Marijuana Moment

Ron DeSantis’ curious fight against legalizing weed in Florida | Slate

Is marijuana the same as cannabis? What is THC? Terms to know as states vote on legal weed | USA Today

Judge reins in city sheriff following wave of cannabis raids that shut down shops | The City NY