By Katherine Miller, CAPM, Senior Director of Compliance Services
November 2024 Elections Bring About Legal Cannabis Approvals and Rejections
This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
It should come as no surprise that four states had cannabis measures on the ballot in November 2024. Florida, Nebraska, North Dakota, and South Dakota residents all weighed in on various measures, ranging from medical-use legalization to adult-use legalization. Although four states weighed in, only one state approved their measure, and even that is still up in the air. This article will give a brief overview of each measure.
First, What Passed?
Nebraska was the only state to vote to approve their cannabis measures, with nearly 71% of voters approving Initiative 437 and 67% of voters approving Initiative 438.
Initiative 437 provides authorization for patients to use, possess, and/or acquire up to five ounces of cannabis to be used to treat a medical condition and/or its symptoms. It does not contain any information pertaining to the workplace or employer rights.
Initiative 438 legalizes the possession, manufacture, distribution, delivery, and dispensing of medical cannabis. It also establishes the Nebraska Medical Cannabis Commission (the Commission), whose job it is to regulate and provide necessary oversight for the state’s medical cannabis program. Registration criteria will be established by the Commission by July 1, 2025, and the awarding of grants will begin by October 1, 2025. Similar to Initiative 437, Initiative 438 does not contain any information pertaining to the workplace or employer rights.
Nebraska employers should be aware that there is currently an ongoing court case pertaining to these legalization initiatives and their signature validity. The case is at the District Court level, but even once a decision has been made, both sides have already signaled that they are likely to appeal the case to the state Supreme Court. As such, interested employers should keep a close eye, as its likely the legal system will have the final say in the state’s choice to legalize medical cannabis.
What Failed?
Florida, South Dakota, and North Dakota all had recreational cannabis initiatives on the ballot that failed. Florida looked to legalize adult-use cannabis via Amendment 3, which would have amended the state constitution to legalize cannabis for individuals ages 21 and older. Nearly 56% of Florida residents voted yes on the amendment; however, Florida requires a 60% majority for an initiative to pass.
North Dakota voters failed to pass recreational cannabis legalization on the state’s third attempt (2018, 2022, and 2024). Initiated Measure 5 would have legalized recreational cannabis and included several provisions giving employers broad rights in terms of employees and cannabis use.
South Dakota voters also failed to pass recreational cannabis legalization on the state’s third attempt (2020, 2022, and 2024). Initiated Measure 29 would have provided broad protections for employers regarding cannabis use and the workplace.
So, What’s Next?
Already, the fight is in progress over Nebraska medical cannabis legalization. Employers in Nebraska would do well to keep abreast of current goings on with the case, as ultimately that will determine if voters have their way with legalization or not. Even though the measures failed in Florida, North Dakota, and South Dakota, employers in those states should also keep abreast of cannabis initiatives, as it’s likely that there will be further initiatives down the road.
Want to stay abreast of legal cannabis in the workplace? Contact CCG at info@currentconsultinggroup.com to learn more about a subscription to Current Compliance, the industry’s most up-to-date database tracking workplace laws across all 50 states, or to learn more about how we can support your efforts to stay up-to-date.
