Voters Strike Down Cannabis Legalization in Florida - and Beyond 

Cannabis legalization stumbled at the ballot box on Election Day, as voters rejected marijuana reform ballot initiatives in Florida, North Dakota, and South Dakota. 

Most notably, voters in Florida rejected Amendment 3, the ballot measure that would have legalized marijuana for adults 21 and older, and would have allowed existing medical marijuana treatment centers to begin selling cannabis to adults for recreational use. 

The initiative received 55.7% of the vote, falling short of the 60% needed to approve a constitutional amendment in Florida. The measure had won the endorsement of president-elect Donald Trump, but was opposed by Governor Ron DeSantis. 

In a statement on tuesday night, Smart & Safe Florida, the advocacy group that supported the amendment stated "While the results of Amendment 3 did not clear the 60% threshold, we are eager to work with the governor and legislative leaders who agree with us on decriminalizing recreational marijuana for adults, addressing public consumption, continuing our focus on child safety, and expanding access to safe marijuana through home grow.”

The group raised more than $150 million to support the ballot initiative campaigns, the majority of which was donated by multi-state cannabis operator Trulieve. 

On Tuesday night, Vote No on 3, the campaign that opposed the amendment, stated that “"Even after spending over $150 million — the most in any drug legalization effort in American history — the people of Florida saw through Amendment 3's web of deception and defeated this corporate power grab," wrote Vote No on 3, the campaign against the amendment, on social media Tuesday night.

A legal retail cannabis market in the third-largest state would have been a massive boon to the push for nationwide legalization and for the cannabis industry as a whole. In October, the Tallahassee Democrat reported that state government economists estimated that recreational marijuana would bring in between $196 and $431 million annually in sales tax revenue. 

But Florida wasn’t the only state where cannabis reform failed on Election Day. 

South Dakota Voters Nix Adult-Use Marijuana 

Voters in South Dakota on election night rejected a ballot measure that would have legalized adult-use cannabis in the state. The measure only garnered 44.5% of the vote. 

Measure 29 would have allowed adults 21 and older to purchase and possess up to two ounces of cannabis and grow six plants per person at their home. 

In 2020, South Dakota voters approved a medical cannabis legalization measure, but it was overturned by the state Supreme Court.  

North Dakota Votes Down Recreational Marijuana

In neighboring North Dakota, an adult-use cannabis legalization bill failed on Election Day by a vote of 53% to 47%. It was the third time an adult use cannabis measure was defeated in the state in six years. 

Pat Finken, Chairman of the Brighter Future Alliance, which opposed the legalization measure, said “once again, the voters of North Dakota have wisely rejected an attempt to legalize recreational marijuana. They understand that today’s marijuana is not safe and legalization will only add to the addiction and mental health crisis already punishing North Dakota families.”

North Dakota is sandwiched between two legal adult-use cannabis states - Minnesota and Montana. 

Medical Marijuana Wins in Nebraska

In a more positive development for cannabis reform, Tuesday Nebraska voters approved legalizing medical marijuana. 

There were two legalization measures on the ballot, which passed with 70.7% of voters (Initiative Measure 437) and 66.9% (Initiative Measure 438). 

IM 437 allows the use, possession, and acquisition of up to 5 ounces of cannabis for medical use by a qualified patient with a written recommendation from a health care provider. IM 438 removes penalties for private entities that produce, distribute, and deliver medical cannabis. 

Also on Election Day, voters in Dallas and the central Texas towns of Lockhart and Bastrop approved decriminalization measures for cannabis possession.  

In Kentucky, voters approved medical cannabis local ordinances in more than 100 cities and counties. 

Though Election Day was largely a failure for cannabis legalization, the next few years should present ample opportunities for activists to bring cannabis prohibition to a vote. 

If you’d like to hear more about what happened with cannabis in the election and what the Trump Administration could mean for cannabis legalization, check out our webinar airing next week “What Happened with Cannabis in the Election?” here.