Election Day is Tuesday and in four states, voters will have the opportunity to cast their thoughts on the future of marijuana legislation.
Nebraska, North Dakota, South Dakota and Florida voters will see marijuana on their ballots. And in Massachusetts, where medical and recreational marijuana is already legal, voters will be weighing in on the possibility of legalizing psychedelics.
Here’s what to know about marijuana legislation and what each state is voting on this Election Day.
Florida: Amendment 3
On the Florida ballot, Amendment 3 pertains to the legalization of recreational marijuana. Medical marijuana is already legal in the state.
Amendment 3 asks voters to consider a state constitutional amendment that would allow for the possession, purchase and use of marijuana for non-medical purposes by adults 21 and up. The amendment would also allow the Medical Marijuana Treatment Centers and other licensed state entities to acquire, cultivate, process, manufacture, sell and distribute marijuana products and accessories.
Under the amendment, adults 21 and up would be permitted to possess up to three ounces of marijuana and up to five ounces in the form of marijuana concentrate.
Learn more about Amendment 3: dos.elections.myflorida.com/initiatives/initdetail.asp?account=83475&seqnum=2
Florida Election Results 2024:Live updates, maps for every state race
Nebraska: Initiative Measures 437 and 438
On the Nebraska ballot, Initiative Measures 437 and 438 pertain to the legalization of medical marijuana. Medical and recreational marijuana are illegal in the state.
Initiative Measure 437 asks voters to consider a statute that would legalize the use, possession and acquisition of up to five ounces of cannabis for medical purposes, with a written recommendation from a health care provider.
Initiative Measure 438 asks voters to consider a statute that would legalize the possession, manufacture, distribution, delivery and dispensing of cannabis for medical purposes by registered private entities. The statute would also establish the Nebraska Medical Cannabis Commission to regulate the industry.
Learn more about Initiative Measure 437 and 438:sos.nebraska.gov/elections/2024-general-sample-ballots
Nebraska Election Results 2024:Live updates, maps for every state race
North Dakota: Initiated Measure 5
On the North Dakota ballot, Initiative Measure 5 pertains the legalization of recreational marijuana. Medical marijuana is already legal in the state.
Initiated Measure 5 asks voters to consider a new chapter of legislation that would allow the following:
Production, processing and sale of cannabis and possession and use of cannabis by adults 21 and upDirect a state entity to regulate and register recreational cannabis production businesses, dispensaries and their agentsProvide protections for adults 21 and up who use cannabisProvide penalties for violations of the chapterPreserve certain employer rights regarding use of cannabis by employeesSupersede local ordinances that would prohibit the purchase, sale, use, delivery or growing of cannabis by adults 21 and upProvide that fees must be appropriated for administration of the chapter
Learn more about Initiated Measure 5:sos.nd.gov/elections/voter/ballot-measures/measures-ballot
North Dakota Election Results 2024:Live updates, maps for every state race
South Dakota: Initiated Measure 29
On the South Dakota ballot, InitiatedMeasure29 pertains to the legalization of recreational marijuana. Medical marijuana is already legal in the state.
Initiated Measure 29 asks voters to consider legislation that would allow the following:
Possession, growing, ingesting and distribution of marijuana and marijuana paraphernalia by adults 21 and upRestricts marijuana possession and consumption in areas such as schools or where tobacco is prohibitedProvides employers with the right to restrict an employee’s use of marijuana and property owners the right to regulate the use of marijuana on their property
Under the legislation, adults 21 and up would be permitted to possess up to two ounces of marijuana in a form other than concentrate or other marijuana products. It would also allow for the possession of up to six marijuana plants with no more than 12 plants per household.
Learn more about Initiated Measure 29: sdsos.gov/elections-voting/upcoming-elections/general-information/default.aspx
South Dakota Election Results 2024:Live updates, maps for every state race
Massachusetts: Question 4
On the Massachusetts ballot, Question 4 pertains to the legalization of psychedelics. Medical and recreational marijuana are already legal in the state.
Question 4 asks voters about legislation that would allow the following:
Possession, growing and use of “certain natural psychedelic substances in certain circumstances”Purchase of natural psychedelic substances from approved locations under the supervision of a licensed facilitatorRegulation and taxation of psychedelic substancesCreation of a Natural Psychedelic Substances Commission and Natural Psychedelic Substances Advisory BoardProvide cities and towns the ability to reasonably restrict the time, place and manner of the operation of licensed facilities selling psychedelic substances (facilities cannot be banned)Restriction on the basis to deny medical care and public assistance, discipline by a professional licensing board or adverse orders in child custody cases for adults 21 and up using psychedelic substances legally
Permitted “natural psychedelic substances” include two found in mushrooms (psilocybin and psilocyn) and three found in plants (dimethyltryptamine, mescaline and ibogaine). Adults 21 and up would be authorized to possess up to one gram of psilocybin, one gram of psilocyn, one gram of dimethyltryptamine, 18 grams of mescaline and and 30 grams of ibogaine. Adults 21 and up would also be permitted to grow psychedelic substances in a 12-foot-by-12-foot area in their homes.
Learn more about Question 4:sec.state.ma.us/divisions/elections/publications/information-for-voters-24/cover_2024.htm
Massachusetts Election Results 2024:Live updates, maps for every state race
To date, psychedelics are only legal in Oregon and Colorado.
Greta Cross is a national trending reporter at USA TODAY. Follow her on X and Instagram @gretalcross. Story idea? Email her at gcross@gannett.com.