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 as part of the elections on November 5, 2024.
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 a pair of 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 that are 18 or older only need a written recommendation from a healthcare provider, whereas 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. Along with this, it establishes the Nebraska Medical Cannabis Commission (the Commission), whose job it 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 either Initiative, 437 or 438, outline specific medical conditions for which cannabis can be used. Neither initiative makes mention of the workplace or employers.
Although both initiatives were approved, it’s likely that the legal system will have the final say in medical cannabis legalization in the state, as a judge in the Lancaster County District Court recently oversaw a four-day trial pertaining to signature validity on each measure. Even once a District Court decision is made, both sides have said they are likely to 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 in 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 in terms of employees and recreational cannabis use.
South Dakota Recreational Cannabis Legalization
South Dakota Initiated Measure 29, or the Marijuana Legalization Initiative, 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 voted on recreational cannabis legalization. Measure 29 would have 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, it is likely that more guidance for employers will come as the Commission establishes regulations.
Related Articles:
About DISA
Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. Headquartered in Houston, with more than 35 offices throughout North America and Europe, DISA’s comprehensive scope of services includes background screening, drug and alcohol testing, DOT & HR compliance, occupational health services, and I-9/ E-Verify. DISA assists employers in making informed staffing decisions while building a culture of safety in their workplace.