As of today, 24 states have legalized recreational marijuana, 13 of which 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 throughout the state.
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Although many states have decriminalized marijuana possession, it remains a federal crime, punishable by up to a year in jail.
Florida
Medical marijuana became legal in Florda in 2016 after voters overwhelmingly approved a ballot initiative.
Unlike in many states where a simple majority is all that is needed to change laws, Florida requires a supermajority of 60% for the measure to pass.
Polling from Emerson College showed in October that 60% of likely voters plan to support the issue.
Gov. Ron DeSantis argued 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 having this permeate everywhere," DeSantis said. "There is nothing in this amendment that restricts the use of marijuana in public."
Smart & Safe Florida has argued in support of the bill. It estimates legal pot would generate $431 million a year in government revenue.
Kim Rivers, the 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 around. Even possessing trace amounts of marijuana could result in up to a year in jail.
North Dakota
Voters in North Dakota will consider marijuana legalization for a third time after turning down 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 those suffering from cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy.
The proposal would allow those 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. Ingesting any amount of marijuana, or possessing over 0.5 ounces, could result in 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.
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Polling by Emerson College shows that 50-45 say they intend to vote against legalization.
Voters in 2020 approved a measure that would legalize recreational marijuana, but a court ruled that the measure violated the state's single-subject rule.
In 2022, an initiative that had a few differences in how tax revenue would be distributed was defeated by voters 52-47.
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 1 ounce, however possessing small amounts could come with a $300 fine.
