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Election night was somewhat disappointing for cannabis and psychedelic advocates. Six states were presented with opportunities to expand, criminalize, or legalize cannabis operations or psychedelics. Based on the returns being reported now, only Nebraska appears poised to vote yes to expand access. Here is the breakdown:
Florida – Amendment 3 asked Florida voters whether they supported legalizing adult use cannabis for individuals 21 years and older and legalizing cannabis possession up to 3 oz. In Florida, a ballot initiative requires 60% to pass. After a contentious campaign on Amendment 3, only about 55% of voters voted yes, meaning adult use cannabis will not be coming to the Sunshine State via this cycle’s voter’s box.
Nebraska – Initiatives 437 and 438 each dealt with medical cannabis – Initiative 437 posed legalizing a qualified patient to possess up to 5 oz of medical cannabis while the complementary Initiative 438 posed decriminalizing cannabis for medicinal purposes and establishing a state commission to oversee the medical program. A majority is required to pass an initiative in Nebraska and, with more than 85% of the vote in, it appears that both Initiative 437 and 438 will both pass. However, while the voters voted yes to both of these initiatives, there is on-going litigation that could slow or even undo the election night’s results.
North Dakota – In Measure 5, South Dakota residents were asked whether they wanted to legalize adult use cannabis and permit home grow. A 50% threshold is required in the state, but with more than 95% of the vote in it seems unlikely that Measure 5 will pass.
Oregon – Measure 119 asked Oregon voters whether cannabis businesses should be required to submit a signed labor peace agreement when filing for initial or renewal licensure. A majority of voters is required to pass this measure but with just over 50% of the state reporting voting results at this time it appears too early to tell whether it will pass.
South Dakota – Measure 29 asked South Dakota voters whether they wanted to legalize adult use, possession, and distribution of cannabis. A majority of voters is needed to pass this measure, but at this time it looks unlikely that the measure will pass.
Massachusetts – in the only state considering psychedelics this election cycle, Question 4 asked Massachusetts voters whether they wanted to establish a Natural Psychedelic Substances Commission and Advisory Board; legalize psilocybin, psilocyn, DMT, mescaline, and ibogaine to be used at licensed facilities; and permit home grow for personal consumption. Question 4 needed a majority of yes voters for limited legalization of psychedelics, but at this time it seems poised to fail.
