In addition to the presidential race and all the down ballot state races that were decided Tuesday, voters in Florida, Nebraska, North Dakota, South Dakota, and Texas also made their voices heard on state and local marijuana-related ballot measures. As the headline states, voters in Florida have rejected adult-use sales in the state. The results are below, with additional outcomes updated as they become available.
STATE BALLOT INITIATIVES
FLORIDA
Florida Amendment 3 Fails to Gain 60 Percent Threshold Needed to Pass
The most reported-on measure of the lot was also the most expensive, Florida’s Amendment 3, which legalizes adult-use sales by amending the state constitution. With Trulieve reportedly spending a staggering $140 million to get the measure passed, the governor has publicly inserted himself into the debate in a big way, at first supporting Trulieve in its early efforts in the state’s nascent medical market but more recently condemning them as a “weed cartel” and vocally opposing Amendment 3 as late as Election Day Eve. In addition to Trulieve’s millions, several state newspapers came out in support of Amendment 3, including the Miami Herald, the Tampa Bay Times, the Palm Beach Post, the Orlando Sentinel, and the South Florida Sun Sentinel, but it was not enough to reach the 60 percent threshold needed for Amendment 3 to pass. With over 90 percent of precincts reporting, the measure failed by about four points.
Ballot Title: Adult Personal Use of Marijuana
Ballot Summary: Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.
NEBRASKA
Nebraska Passes Medical Cannabis Ballot Initiatives
Nebraska voters voted on two related medical cannabis ballot measures that were separated so as to not run afoul of the state’s ‘single subject’ rule. Measure 437 allows qualified patients to possess and use medical cannabis. Measure 438 regulates the production and distribution of medical cannabis to patients. Measure 437 passed with abut 70 percent approval with 95 percent of the vote counted. Measure 438 passed by a slightly smaller margin.
We received the following prepared statement from John Mueller, CEO and co-founder of Greenlight Dispensaries. “Today’s decision by Nebraska voters marks the end of unnecessary delays and the beginning of a modern medical cannabis program rooted in proven healthcare practices,” said Mueller. “Greenlight invested heavily in this initiative because we’ve seen firsthand what works in medical markets across the country, and are fully committed to providing patients with high-quality, trusted cannabis products that meet rigorous standards. This program will transform lives in Nebraska, creating professional opportunities while ensuring patients receive thoroughly tested, regulated medicine.”
NORTH DAKOTA
North Dakota Rejects Adult-Use Ballot Measure 5
Measure 5 would have created a new chapter of the North Dakota Century Code. It would allow for the production, processing, and sale of cannabis and the possession and use of various forms of cannabis by individuals who are 21 years of age and older; direct a state entity to regulate and register adult use cannabis production businesses, dispensaries, and their agents; provide protections for individuals who are 21 years of age or older who use cannabis; provide penalties for violations of the chapter; preserve certain employer rights regarding use of cannabis products by employees; supersede local ordinances that otherwise would prohibit the purchase, sale, use, delivery, or growing of cannabis by or to individuals 21 years of age or older; and provide that fees must be appropriated for administration of this chapter.
With 95 percent of votes in, Measure 5 is currently failing by five percentage points, 52.5 to 47.5.
SOUTH DAKOTA
South Dakota Rejects Adult-Use Ballot Measure 29
Measure 29 would allow adults 21 and older to possess up to two ounces of flower and 16 grams of concentrates, and the personal cultivation of up to six plants. It does not regulate commercial enterprises that produce or sell cannabis. With 90 percent of votes in, Measure 29 is failing by about 12 percentage points, 56.3 to 43.7.
We received the following prepared statement from John Mueller, CEO and co-founder of Greenlight Dispensaries. “While we respect the voters’ decision, this was a missed opportunity. South Dakota will continue to miss out on the economic and public safety benefits that come with a regulated adult-use cannabis market. The illicit market will persist, depriving the state of tax revenue and leaving consumers without tested, regulated products. As an established operator with three dispensaries serving South Dakota’s medical patients, Greenlight remains committed to our presence here and will continue advocating for safe, regulated adult-use access. Many states have successfully implemented adult-use programs, and we believe South Dakota will eventually follow suit.”
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