Drugs on the Ballot

The Eliminate Recreational Marijuana Sales and Allow Limited Possession Initiative, also known as An Act to Restore a Sensible Marijuana Policy, in Massachusetts would make a number of changes to marijuana regulation in the state. It would retain the medical marijuana program while repealing laws that permit the sale and cultivation of recreational marijuana. However, it would permit possession of up to one ounce of marijuana without penalties, and would create only civil penalties for possession of between one to two ounces of marijuana. Organizers submitted a second round of signatures and the measure was subsequently approved to appear on the ballot. If this measure passes, it would be the first to repeal a voter-approved measure that legalized marijuana.

The Sensible Marijuana Policy Act for Arizona initiative will not appear on the ballot for Arizonans this November. In May, the campaign announced that it is no longer pursuing the measure. The initiative would have repealed most of Proposition 207, which legalized adult use and possession of recreational marijuana in 2020, while allowing for home grow and personal possession of up to one ounce of marijuana. The initiative would have retained medical marijuana in the state as well as laws allowing for expungement of certain marijuana-related offenses, while repealing laws that create the recreational marijuana regulatory structure in the state.

According to the Florida Secretary of State, the Adult Personal Use of Marijuana initiative did not gather enough signatures by the February 1, 2026 deadline. The marijuana legalization initiative was then reviewed by the Florida Supreme Court after the campaign filed an appeal. In March of 2026, the appeal was denied. The initiative would have legalized adult-use marijuana while prohibiting public consumption and imposing marketing and packaging restrictions.

In Idaho, two potential ballot measures could have changed marijuana laws in the state. The Idaho Medical Cannabis Act Initiative would have legalized marijuana use for specific medical purposes. It would also have set up a limited medical cannabis regulatory scheme that would allow licensees to grow, produce, and deliver medical cannabis to cardholders. The signature-gathering deadline for this initiative was May 1, 2026. On July 14, the Secretary of State’s Office said that the measure did not qualify for the November ballot.

Idaho’s other potential ballot measure, Decriminalize Cannabis Now, would have decriminalize marijuana possession for personal use, with age and public consumption restrictions. It would further have allowed for home grow, though no sales would be permitted. This initiative was required to meet the May 1, 2026 signature deadline to appear on the ballot but did not submit signatures.

In Maine, An Act to Amend the Cannabis Legalization Act and the Maine Medical Use of Cannabis Act would repeal the Maine Cannabis Legalization Act that legalized recreational marijuana in 2016 while leaving the state’s medical program intact. The initiative would also require expedited transfer of registrations of existing adult-use cannabis companies to medical cannabis companies. Voters may find the initiative on their ballots in 2027 if enough signatures are submitted by June 8, 2027. The campaign did not submit signatures in time for the initiative to appear on the 2026 ballot.

Nebraska residents will not have the opportunity to vote on a proposed constitutional amendment that allows individuals 21 years or older to use all plants in the genus Cannabis. The measure was initiated in late summer 2025 and did not submit enough signatures to appear on the 2026 ballot.

A constitutional amendment has been proposed by a member of the New Hampshire legislature that would legalize marijuana. CACR19 would allow adults 21 and older to possess a small amount of cannabis for personal consumption. A potential legislatively referred ballot measure like this one is New Hampshire’s only option to put recreational marijuana in front of voters as the state does not provide for citizen-initiated ballot measures. In March of 2026, the New Hampshire House failed to consider the bill. 

In Ohio, the effort to gather sufficient signatures to place a referendum of portions of Senate Bill 56 on the ballot failed. The referendum would have repealed select changes made to marijuana law by Senate Bill 56, while leaving sections of the bill regarding expungement of certain marijuana offenses intact along with language that released marijuana tax revenue to local host communities. Ohioans for Cannabis Choice announced on March 18, 2026 that they were suspending their effort. 

If passed by voters, the Designate Drug Cartels as Terrorist Organizations and Require State DHS to Address Threats Measure would declare drug cartels as terrorist organizations and require the Arizona Department of Homeland Security to use its powers to “address the threat posed by drug cartels." The statute describes a threat as anything designed to disturb, violate, or harm individual rights or the health and safety of the public. The statute defines a drug cartel as any group of people that engage in human trafficking, drug trafficking for profit, or any act of terrorism.

The Colorado Penalties for Fentanyl Sale and Possession Initiative (Initiative 85) would increase felony penalties for fentanyl-related offenses, mandate treatment for certain fentanyl-related drug offenses, and narrow sentencing exceptions for fentanyl-related crimes and deaths, including the removal of the “reasonable mistake defense.”

Idaho’s HJR 4 amendment would grant the legislature exclusive authority and prohibit citizen-initiated measures on marijuana, narcotics, and psychoactive substances. The amendment’s full title says it all: Grant Legislature Exclusive Authority and Prohibit Citizen-Initiated Measures on Marijuana, Narcotics, and Psychoactive Substances Amendment.

After multiple rounds of signature gathering, including a cure period during mid-summer, it appeared that Arkansans for Patient Access’s attempt to expand the state’s medical marijuana program was not going to appear on the 2024 General Election’s ballot for the Natural State. Issue 3, an initiated constitutional amendment, was unable to cross the signature threshold after multiple attempts, falling just under the mark following the cure period. However, after the group behind the initiative appealed the Arkansas Secretary of State’s decision, the Arkansas Supreme Court ruled in favor of the group, requiring the Secretary of State to include and review the 18,000 signatures gathered during the cure period.

Even though Arkansas had not yet certified Issue 3, it was placed on the November ballot. However, the state's Supreme Court has since ruled votes for Issue 3 would not be counted due to the misleading nature of the ballot title and popular name.

While polling indicated Arkansans support the medical marijuana expansion initiative, the attempt comes just two years after voters rejected an effort to legalize adult use marijuana. Although Arkansans approved a medical marijuana initiative in 2016, Issue 3 sought to expand the program by allowing for additional conditions, increasing who can recommend, enabling assessments through telemedicine, permitting home cultivation, and other provisions broadening the established program. The measure also included language aimed at setting the groundwork for the state if the federal government removes criminal penalties for marijuana possession, or if marijuana is removed from the Controlled Substances Act.

Floridians had the opportunity to vote on adult-use marijuana through an initiated constitutional amendment in the November 2024 general election. Four years after Florida legalized medical marijuana in 2016, Sensible Florida attempted to qualify a similar amendment but was blocked when the Florida Supreme Court deemed the ballot language misleading. After nearly two years of preparation and receiving approval from the state Attorney General and Supreme Court, Smart and Safe Florida successfully qualified Amendment 3 for the November ballot. Polling by the University of North Florida’s Public Opinion Research Lab showed 66% of voters were in support of the measure. This level of support is notable given that constitutional amendments in Florida must receive 60% votes in favor to become law.

Although a majority of voters supported Amendment 3, votes in favor of the measure failed to cross the 60% threshold required by law.

• No - Criminal justice reforms
• No - Social equity provisions
• No - Employment protections
• No - Home grow

After a court ruling prevented voters from voicing their position on medical marijuana in 2020, Nebraskans had the opportunity to vote on two separate medical marijuana measures in the 2024 election. The Nebraska Medical Cannabis Patient Protection Act aimed to protect patients and their caregivers from arrest for the use of medical cannabis as recommended by a health care provider, while the Nebraska Medical Cannabis Regulation Act aimed to establish a commission to regulate and oversee a statewide medical marijuana program. Due to legal issues with the signature gathering process, Nebraska’s Secretary of State certified the measures for the ballot but stated it’s possible they could eventually be thrown out. Polling indicated Nebraskans’ support has declined from 2022 levels, but still remained at 70% in favor of legalizing medical marijuana prior to the election.

Nebraskans approved both medical marijuana ballot measures, removing possession penalties for qualifying patients and establishing the Nebraska Medical Cannabis Commission to oversee and regulate the medical marijuana industry.

In just six years, North Dakota residents had the chance to vote on legalizing adult-use marijuana on three separate occasions. Despite repeated attempts by the state legislature to pass legalization bills, these efforts have consistently lacked full support across both chambers. The 2022 ballot measure also failed, with 55% of voters opposing it. In 2024, Measure 5 offered another chance to vote on legalization. Polling on Measure 5 prior to the election showed that 57% of North Dakota voters remained against legalizing adult-use marijuana.

For the third time in the past 6 years, North Dakotans failed to pass an adult use measure at the ballot box. Voters blocked the measure by approximately 19,000 votes, with 52.55% voting against the measure.

• No - Criminal justice reforms
• No - Social equity provisions
• No - Employment protections
• Yes - Home grow

Citizens of South Dakota had the opportunity to legalize adult-use marijuana for the third time in four years during the 2024 general election. In the 2020 election, South Dakota made history as the first state to simultaneously legalize both medical and adult-use marijuana. However, the state Supreme Court later overturned the adult-use measure, citing a violation of the state’s single-subject rule. Two years later, South Dakotans narrowly rejected another adult-use measure by just over 20,000 votes. In 2024, South Dakotans for Better Marijuana Laws introduced Initiated Measure 29, marking their second attempt to legalize adult-use marijuana through an initiated state statute.

Joining their other half up north, South Dakotans rejected legalizing adult use marijuana by almost 50,000 votes.

• No - Criminal justice reforms
• No - Social equity provisions
• No - Employment protections
• Yes - Home grow

For the first time in Massachusetts history, voters in 2024 had the chance to legalize a regulated program for psychedelics. Although several cities in Massachusetts have already passed psychedelic reform measures, Question 4 would have allowed individuals 21 and older to possess, grow, and transfer psychedelics within certain state-level limitations. The measure also proposed the creation of regulated psychedelic centers and facilitators authorized to sell taxable psychedelics to legal users. So far, only two other states, Colorado and Oregon, have approved similar measures at the state level.

Massachusetts failed to become the nation’s third state to legalize a regulated program for psychedelics, falling overwhelmingly by over 400,000 votes.

• No - Criminal justice reforms
• No - Social equity provisions
• No - Employment protections
• Yes - Home grow

Arizona’s Proposition 314 was approved by voters, establishing additional penalties for illegal border crossings and fentanyl-induced homicides by a large margin of nearly 600,000 votes.

California citizens approved Proposition 36 by over 3.8 million votes. The measure increased penalties for drug and theft crimes.

Oregon voters approved Measure 119 by a margin of 11%. The Unionization of Cannabis Workers Initiative requires cannabis businesses to submit a labor peace agreement for licensing.

After polls indicated slim support for adult-use and overwhelming support for medical marijuana, Issue 3 failed in 2015 by over 27 points after voters became concerned with the initiative’s language that created a monopoly for 10 pre-selected cultivators. 2022 polls revealed similar support for adult-use legalization. The 2022 effort, An Act to Control and Regulate Adult Use Cannabis, missed a deadline for the first round of signatures and state legislators and officials challenged the initiative, resulting in the measure being sidelined. Late in the summer of 2023, the Ohio Secretary of State officially cleared Issue 2 for the November 2023 election. Voters then approved the measure to legalize adult use marijuana 57.2% in favor to 42.8% against. The measure became effective a month after it was approved, and adult use sales began in August 2024.

• No - Criminal justice reforms
• Yes - Social equity provisions: Proposes financial assistance for equity applicants, dispensary and cultivation licensing opportunities for equity applicants. (These provisions are no longer in place.)
• No - Employment protections
• Yes - Home grow

More information can be found on our Ohio Marijuana Reform page. 

After undergoing multiple technical changes, Oklahoma’s attempt to approve adult-use hit a roadblock after the Oklahoma Supreme Court ruled the measure would not have enough time to undergo all legal challenges in addition to missing the certification deadline in late August. Reform advocates argued that the state’s new signature verification process caused the measure to miss the deadline and that the state Supreme Court should have expedited the additional procedures required before being officially placed on the ballot. Justices unanimously agreed that citizens would not be able to vote on State Question 820 in 2022 but could vote on the measure in the next possible election. Just weeks before the midterms, Governor Stitt issued an Executive Proclamation establishing a special election for Oklahoma residents to vote on State Question 820. Citizens rejected the measure on March 7, 2023, with 38.3% voting for and 61.7% voting against the measure.

• Yes - Criminal justice reforms: Offers expungement provisions.
• No - Social equity provisions
• No - Employment protections
• Yes - Home grow