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Nov. 5 (UPI) -- Florida's effort to legalize adult-use marijuana failed to pass with a 60% supermajority of votes needed. Meanwhile, Nebraska voters approved the state's plan for medical cannabis. Voters in two other states will weigh in on the legalization of marijuana on Tuesday, as well.
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Cannabis advocates had been hopeful that ballot measures in Florida, Nebraska, North Dakota and South Dakota could open the states up to manufacture and sell medical or recreational marijuana. Each ballot measure is the result of citizen-led petition drives.
Marijuana is legal to some degree in 38 states. Twenty-four states have legalized recreational marijuana.
On May 21, the Department of Justice changed its classification from a schedule I controlled substance to schedule III. Schedule III drugs are considered to be at a lesser risk of abuse than schedule I and II, and they can be prescribed over the phone.
More than 80% of adults believe marijuana should be legal in at least some cases, with 57% responding that it should be legal for medical and recreational use, according to a survey by the Pew Research Center.
Florida Amendment Three fails
Florida's Amendment Three would have allowed adults 21 years old and older to purchase, possess and use marijuana products recreationally. The measure was praised by presidential candidate Donald Trump, but it was fought against relentlessly by the state's governor, Ron DeSantis, who used state money to finance a robust campaign of TV ads decrying the measure.
With more than 95% of the state's voting recorded, the measure attracted a strong yet futile 57.2% of the vote to 42.8 opposed, according to reporting by Marijuana Moment, Axios and WFTS TV in Tampa.
It is already legal to purchase, possess and use marijuana for medical purposes.
The amendment would have allowed Medical Marijuana Treatment Centers and other vendors that have a license from the state to grow, acquire, manufacture and sell cannabis products and accessories related to the use of cannabis. An individual could possess up to 3 ounces or about 8.5 grams.
Constitutional amendments require a 60% majority to pass.
Nebraska medical program succeeds
Nebraska voters approved that state's two measures on the ballot related to the legalization of medical marijuana.
Both Initiative 437 and 438 were approved by voters, according to the New York Times, KCAU-TV and Marijuana Moment.
Initiative 437 will eliminate the penalties for possessing up to 5 ounces of cannabis for medical purposes. Initiative 438 will legalize possessing, manufacturing, distributing, delivering and dispensing cannabis for medical use. The measure passed 74% to 26%, according to news sources.
Initiative 438 also establishes a Nebraska Medical Cannabis Commission that will be responsible for regulating the medical marijuana industry in the state. That measure was approved by state voters by 70%, with 30% voting against.
Ballot measures require a simple majority to pass in Nebraska. At least 35% of voters who cast ballots must vote to approve the ballot measure, as well.
North Dakota Initiated Measure 5
A ballot measure attempting to legalize marijuana for recreational use is on the ballot in North Dakota for the third time in six years. Similar measures were voted down in 2018 and 2022.
Initiated Measure 5 will legalize the production, possession and use of recreational marijuana for adults 21 years old and older. A state entity will regulate recreational marijuana and the registration of adults, businesses and dispensaries.
State lawmakers will have until Oct. 1, 2025 to establish regulations.
An individual will be allowed to possess an ounce of cannabis, four grams of concentrate and 1,500 milligrams of edibles.
Ballot initiatives require a simple majority to pass in North Dakota.
South Dakota Initiated Measure 29
Initiated Measure 29 in South Dakota seeks to legalize the possession, growing, use and distribution of marijuana recreationally for adults 21 years old and older.
Voters passed an amendment to the state constitution in 2020 that would have legalized recreational marijuana. Gov. Kristi Noem, a vocal opponent of legalization, challenged the measure in court after the fact and the state supreme court ruled in her favor. The court ruled that the ballot measure did not adhere to the state's single-subject requirement.
Medical marijuana is already legal in South Dakota, despite the efforts of Noem, who has sought to block medical protections.
Ballot measures require a simple majority of votes cast to pass in South Dakota.
