November 2024 Elections Bring About Cannabis Changes

This November's election cycle included several ballot measures related to cannabis legalization across various states. To help employers navigate these changes, we’re providing an overview of the outcomes—highlighting what passed, what didn’t, and the potential next steps for businesses in the impacted regions.

Key Takeaways:

• Florida, Nebraska, North Dakota, and South Dakota all had legalization (medical or recreational) measures on the ballot.

• Florida, North Dakota, and South Dakota rejected measures to legalize recreational cannabis.

• Nebraska legalized medical cannabis.

• Nebraska voters are awaiting a judicial decision about the validity of the approved medical cannabis legalization measure.

Four states, Florida, Nebraska, North Dakota, and South Dakota, had cannabis on the ballot in the November 5, 2024 elections.

Florida Recreational Cannabis Legalization

Florida Amendment 3, or the Marijuana Legalization Initiative, was an initiated constitutional amendment that looked to legalize cannabis for individuals ages 21 and older. Amendment 3 failed, with nearly 56% of Florida residents voting yes (a 60% majority was needed to pass).

Nebraska Medical Cannabis Legalization

Nebraska voters weighed in on two medical cannabis legalization initiatives: Initiative 437, the Nebraska Medical Cannabis Patient Protection Act, and Initiative 438, the Nebraska Medical Marijuana Regulation Initiative. Initiative 437 passed with nearly 71% of the vote. It authorizes qualified patients to use, possess, and/or acquire up to five ounces of cannabis to be used to treat a medical condition or its symptoms. Patients who are 18 or older only need a written recommendation from a healthcare provider. In contrast, patients younger than 18 need both a written recommendation from a healthcare provider and written consent from a parent or guardian. Initiative 438 passed with nearly 67% of the vote. It legalizes the possession, manufacture, distribution, delivery, and dispensing of medical cannabis. It also established the Nebraska Medical Cannabis Commission (the Commission), whose job is to regulate and provide necessary oversight for the medical cannabis program. The Commission will establish registration criteria by July 1, 2025, and must start granting applicants registration on October 1, 2025.

It does not appear that Initiatives 437 or 438 outline specific medical conditions for which cannabis can be used. Neither initiative mentions the workplace or employers.

Although both initiatives were approved, the legal system is likely to have the final say in medical cannabis legalization in the state. A judge in the Lancaster County District Court recently oversaw a four-day trial regarding signature validity on each measure. Even once a District Court decision is made, both sides have said they will likely appeal the case to the state Supreme Court.

North Dakota Recreational Cannabis Legalization

This was North Dakota voters’ third attempt at recreational cannabis legalization, with prior measures failing in 2018, 2022, and now 2024. Initiated Measure 5 (Measure 5), or the Marijuana Legalization Initiative, would have legalized recreational cannabis. Measure 5 had a number of stipulations that would have given employers broad rights regarding employees and recreational cannabis use.

South Dakota Recreational Cannabis Legalization

South Dakota Initiated Measure 29, or the Marijuana Legalization Initiative, which would have legalized the use, possession, and distribution of cannabis in the state for individuals ages 21 and older. This is the third time South Dakota has voted on recreational cannabis legalization. Measure 29 would have also provided protections for employers regarding cannabis and the workplace.

Next Steps for Employers

Employers in Nebraska should continue to monitor the legal case(s) surrounding the approved medical cannabis measure. If the measure holds up in court, the Commission will likely provide more guidance for employers as it establishes regulations.