On election day, many states also voted on legalizing adult-use cannabis or medical cannabis. With significant cannabis measures on the ballot, the cannabis industry has been eagerly awaiting a wave of change, hoping for momentum toward potential federal legalization, considering that some form of it may be discussed in the newly elected U.S. federal government.
Citizens in Florida, South Dakota, North Dakota, and Nebraska were called to decide whether to allow a regulated adult-use or medical cannabis industry. Here's a breakdown of how things went:
South Dakota fails
With almost 60% voting "no," Measure 29 did not pass in South Dakota. Cannabis companies contributed around $300,000 to the campaign. This marks the third attempt to legalize adult-use cannabis in South Dakota. In 2020, the state Supreme Court overturned legalization results, and another proposal was rejected in 2022. Unfortunately, once again, legalization efforts have fallen short. "South Dakota will continue to miss out on the economic and public safety benefits that come with a regulated adult-use cannabis market," commented Greenlight Dispensary CEO and co-founder John Mueller. "The illicit market will persist, depriving the state of tax revenue and leaving consumers without tested, regulated products."
Measure 29 would have allowed adults over the age of 21 to possess and buy up to two ounces (around 56 grams) of cannabis. It also included provisions for home cultivation, allowing adults to grow up to six plants, with a maximum of twelve plants per shared household. "Many states have successfully implemented adult-use programs, and we believe South Dakota will eventually follow suit," added Mueller.
North Dakota fails
Similarly, North Dakota's Measure 5, which would have legalized adult-use cannabis, also failed. Currently, 52.5% voted against the measure, while 47.5% voted in favor. Similar initiatives were rejected in 2018 and 2022.
Nebraska passes but awaits decision from judge
Amidst legal challenges, Nebraskans have approved medical cannabis legalization measures. The two proposed Nebraska ballot measures (Initiated Measures 437 and 438) are complementary. The first permits qualified patients to possess and use cannabis. The second measure regulates the production and distribution of cannabis to authorized patients. Advocates framed the issue as two separate ballot questions to comply with the state's 'single-subject' rule. In 2020, the state Supreme Court invalidated a similar stand-alone measure, ruling that it addressed issues "not naturally and necessarily connected to the initiative's primary purpose." A 2022 effort failed to obtain sufficient signatures to qualify for the ballot.
A Nebraska district court judge is expected to decide in two weeks on litigation seeking to decertify the pair of medical cannabis access initiatives from the 2024 ballot.
"Today's decision by Nebraska voters marks the end of unnecessary delays and the beginning of a modern medical cannabis program rooted in proven healthcare practices," commented Greenlight CEO John Mueller. "This program will transform lives in Nebraska, creating professional opportunities while ensuring patients receive thoroughly tested, regulated medicine."
Florida fails
Even though Florida is one of the largest medical cannabis markets in the U.S., the state has fallen short in its effort to legalize adult-use, despite Donald Trump openly backing the measure. A huge effort by cannabis giant Trulieve, which spent $145 million to support the legalization campaign, did not pay off, as the amendment failed to reach the 60% of votes—a strong majority required for approval in Florida.
"Smart & Safe Florida ran a historic, bipartisan campaign that achieved majority support among Floridians. Anywhere else, that would have meant a victory, but Florida requires a supermajority, and the state's governor spent tens of millions of taxpayer dollars to defeat the measure," commented U.S. Cannabis Council Chief of Policy David Culver. "This isn't the end in Florida; it's just the beginning, as we've now seen how strongly the push for legalization resonates in the state."
Despite this, Culver remains optimistic about the future of the cannabis industry following Donald Trump's victory. "The cannabis community has every reason to be optimistic with President Trump returning to the White House. He has endorsed the SAFE Banking Act and reclassification of cannabis, and he supports cannabis reform that protects consumer safety and prevents youth access."