To date, 24 states have legalized recreational marijuana, 13 of them through ballot measures. On Tuesday, North Dakota, South Dakota and Florida could join the list.

Additionally, Nebraska is considering a proposal to legalize medical marijuana statewide.

RELATED STORY | Justice Department Officially Moves to Reclassify Marijuana as a Less Dangerous Drug in Historic Change

Although many states have decriminalized marijuana possession, it remains a federal crime, punishable by up to one year in prison.

Florida

Medical marijuana became legal in Florda in 2016 after voters overwhelmingly approved a ballot initiative.

Unlike many states where a simple majority is enough to change laws, Florida requires a supermajority of 60% for the measure to pass.

Emerson College Survey showed in October that 60% of likely voters planned to support the issue.

Governor Ron DeSantis spoke out against the bill.

“You should be able to be on the beaches, you should be able to walk down the street, you should be able to be in public places without it spreading everywhere,” DeSantis said. “There is nothing in this amendment that restricts the use of marijuana in public.”

Smart & Safe Florida advocated for the bill. He estimates that legal marijuana would generate $431 million in government revenue annually.

Kim Rivers, CEO of Trulieve, Florida’s largest medical marijuana operator, told Scripps News West Palm Beach that legalizing marijuana establishes guardrails for its use.

Florida currently has one of the strictest marijuana laws. Even possession of traces of marijuana can result in up to a year in prison.

North Dakota

North Dakota voters will consider marijuana legalization for the third time after rejecting initiatives in 2018 and 2022. In 2018, 59% of voters rejected marijuana legalization. Four years later, 55% of voters said no to legalization.

However, voters overwhelmingly approved medical marijuana in 2016 for people with cancer, AIDS, hepatitis C, ALS, glaucoma and epilepsy.

The proposal would allow people over the age of 21 to possess marijuana without criminal penalty.

Currently, possession of less than 0.5 ounces of marijuana is punishable by a fine of up to $1,000. Ingestion of any amount of marijuana or possession of more than 0.5 ounces can result in a sentence of 30 days in jail.

South Dakota

Voters will consider whether to allow people to possess up to 2 ounces of marijuana without penalty. The proposal would also allow residents to grow their own marijuana plants for personal use.

RELATED STORY | Daily Marijuana Use Exceeds Alcohol for First Time, Four Decades of Research Shows

Survey conducted by Emerson College shows that 50 to 45 people say they intend to vote against legalization.

Voters in 2020 approved a measure that would legalize recreational marijuana, but a court ruled the measure violated the state’s single subject rule.

In 2022, an initiative that had some differences in how tax revenue would be distributed was rejected by 52 votes to 47.

Nebraska

Nebraska appears to be poised to join 38 other states that have legalized medical marijuana. Currently, the state will not arrest someone for possession of up to one ounce, but possession of small amounts could be punishable by a $300 fine.