These are the states that could legalize marijuana this year

It’s 4/20, a day that has become ubiquitous within cannabis culture, its importance being recognizable by smokers and non-smokers alike.

Since 2012, led by Colorado and Washington, twenty-four states have legalized marijuana recreationally, with an additional nineteen allowing consumption for medicinal use. This does not mean that the legal landscape is not complicated. The drug is still illegal at the federal level, thanks to the Controlled Substances Act of 1970, which classifies marijuana as a Schedule 1 substance, the strictest level. Additionally, the variations in state laws create challenges for regulating the plant.

With little movement on the topic of marijuana legalization happening at the federal level, states have taken their own actions and, in many cases, have put the question to the voters. This year, four states could have ballot initiatives to legalize marijuana recreationally. Here’s where and what you need to know.

Overview of Florida’s ballot initiative to legalize marijuana

Voters in the Sunshine State will vote on a ballot measure that would legalize marijuana recreationally for those twenty-one and older. The law would also allow for the establishment of “Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories.”

What would your vote mean?

A vote yes means that one supports the initiative, while a vote no would keep the laws as they currently stand.

When would the law be implemented?

If the voters approve, the law would come into effect six months later.

Who has endorsed the initiative?

The ballot measure was sponsored by a political committee called Safe and Smart, which recently published a new study claiming that legalization could increase public safety by making the market more transparent and even reduce usage among teenagers.

A group called Floridians Against Recreational Marijuana is registered as a political organization rallying against the legalization effort. According to Ballot-o-pedia, Drug Free America and the Florida Chamber of Commerce also oppose the initiative. Political leaders, including Republican state Attorney General Ashley B. Moody, have also voiced their opposition to the initiative and raised legal questions on the constitutionality of the law.

Overview of Idaho’s Ballot Initiative to legalize medical marijuana

In Idaho, the consumption of marijuana is illegal, but an initiative that could appear on the November ballot could change that. The initiative would only legalize consumption for medicinal use. Kind Idaho, the group sponsoring the initiative, has said that patients with cancer, AIDS, glaucoma, post-traumatic stress disorder, inflammatory bowel disease, as well as several other diseases would be eligible for a medical marijuana card.

Organizers have until 1 May 2024 to raise the 62,896 needed for the initiative to appear on the ballot later this year. Their progress has not been updated. For further instructions, those looking to sign the petition can visit Kind Idaho’s website.

Overview of Nebraska’s Ballot Initiative to legalize marijuana

Organizers in Nebraska have until 5 July 2024 to collect the approximately 124,465 signatures needed for the initiative to legalize marijuana in the state to appear on the November ballot. If allowed on the ballot and approved, the initiative would change the state’s constitution, granting residents the right to “use all plants in the genus Cannabis.”

There are two other petitions circulating that would allow for the legalization of marijuana for medicinal use. One that would “makes penalties inapplicable under state and local law for the use, possession, and acquisition of limited quantities of cannabis for medical purposes by a qualified patient.” Another would allow the establishment of the Nebraska Medical Cannabis Commission, which would be tasked with regulating those who would be allowed to possess, distribute, manufacture, deliver, and dispense “cannabis for medical purposes.”

Like in Idaho, no update has been provided on the petition’s status, and there will likely be none until the deadline. The petition is being sponsored by the Nebraska Hemp Company, which describes itself as “veteran-owned and Nebraskan grown.”

Overview of South Dakota’s Ballot Initiative to legalize marijuana

In South Dakota, organizers must collect around 17,509 by 7 May, 2024 to have their initiative appear on the ballot in November. This will be the third time the question of marijuana legalization is sent to the voters, and a recent poll shows that with a high turnout, the initiative is likely to pass.

List of states where marijuana is still criminalized

There are 19 states where possession of even small amounts of cannabis is punishable with jail time even in eight states that legally allow its usage for medical purposes.

Seven states allow for the use of CBD oils that contain THC, the chemical compound in cannabis that produces the high, but possession of marijuana still carries a penalty that includes potential incarceration.

Kentucky has passed legislation this year that will legalize the medical use of marijuana, but it doesn’t go into effect until 2025. However, unauthorized cannabis use and possession will not be decriminalized.

In four states all use of marijuana and CBD oils that contain THC are strictly forbidden. They include Idaho, Kansas, South Carolina and Wyoming. The penalties range from 30 days up to a year for first time offenders and/or a fine.

Map of US states where marijuana is legal:

Ohio voters overwhelmingly approved legalizing recreational use of marijuana, becoming the 24th state to do so in the United States along with the District of Columbia. There are fourteen additional states that allow its use with a medical recommendation but only five of those have decriminalized marijuana. They include Hawaii, Louisiana, Mississippi, New Hampshire and North Dakota. While neither recreational use nor medical use is allowed both Nebraska and North Carolina have decriminalized the narcotic.

To find out the exact rules surrounding marijuana use, DISA Global Solutions provides a state-by-state resource list.