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Cannabis Measure on the Ballot In The Upcoming Election

Cannabis Measure on the Ballot In The Upcoming Election

November 03, 2020

Which States Have Cannabis Measure on the Ballot In The Upcoming Election?

The US general election, which, among other things, will decide the next President of the United States, is less than a week away.

And in addition to deciding the US President, many States are also making decisions about the legalization of Medical and Recreational Cannabis.

This fact begs the question: Is legalized cannabis coming to a state near you?


Now, just to be sure we’re all clear on the current legalization status, here’s a state-by-state breakdown…

States That Have Fully Legalized Recreational + Medical Cannabis

  • 12 states – including Hawaii, Washington, Oregon, California, Nevada, Colorado, Illinois, Michigan, Vermont, Massachusetts, and Maine – have fully legalized both recreational + medical cannabis.

States That Have Legalized Medical Cannabis + Decriminalized Cannabis Possession

  • 11 states – including New Mexico, North Dakota, Minnesota, Missouri, Ohio, New York, New Hampshire, Connecticut, Rhode Island, and Virginia – have legalized medical cannabis and decimalized cannabis possession (meaning possession of cannabis, up to a certain amount, is merely subject to fine).

States That Have Legalized Medical Cannabis – But Where Possession Remains Criminal

  • 11 states – including Montana, Utah, Arizona, Oklahoma, Arkansas, Louisiana, Florida, West Virginia, Pennsylvania, and New Jersey – have legalized medical cannabis, but not yet decriminalized cannabis possession (meaning you could be charged with a misdemeanor or a felony for cannabis, depending on the amount of cannabis you’re found in possession of).

States That Have Legalized CBD Oil – But Where Possession Remains Criminal

  • 4 states – including Texas, Iowa, Kentucky, and Georgia – have legalized CBD oil for medical purposes, but these states have not (yet) been decriminalized cannabis.

States Where Cannabis is Illegal – But Possession is Decriminalized

  • 3 states – including Nebraska, Mississippi, and North Carolina – have not legalized either medical or recreational cannabis, but these states have not (yet) decriminalized cannabis possession.

States Where Cannabis is Illegal + Possession Remains Criminal

  • And 8 states – including Idaho, Wyoming, South Dakota, Kansas, Wisconsin, Tennessee, Alabama, and South Carolina – have not legalized either medical or recreational cannabis, and possession of cannabis remains a criminal offense.

So now that we’re all on the same page on the legal status of cannabis nationwide, which states are considering changing their laws in the upcoming general election?

Going from West to East, States With Legalization Ballot Measures…


Through a famously conservative state, Arizona is considering adopting more progressive cannabis laws. Medical cannabis has been legal in AZ since 2011. And next week, voters will decide on Proposition 207 to determine whether recreational cannabis should be legalized as well.

The measure restricts cannabis purchase, use, and possession to adults 21 and up. And would carry excise taxes similar to those levied on cigarettes and alcohol common in other states.

As far as the probability of passage goes, current polls show the measure is likely to push through.


Another famously conservative state, which also happens to be smack dab in the middle of the Southern US bible belt, Mississippi is also considering a cannabis reform.

Mississippi is one of 27 states that has decriminalized possession (for up to 30 grams anyway). But with Imitative 65 + 65A, Mississippians will decide whether to legalize medical cannabis, albeit on a narrow basis.

Even if passed, prescriptions for cannabis would be restricted to a limited number of serious, chronic illnesses. And the alternate bill, 65A, would only allow the terminally ill to use cannabis.

All of this said, however, current polls show the measure is likely to pass.


Montana voted to legalize Medical cannabis in 2004. And expand that law again in 2016. But if measure I-90 passes, the state would take the final step and legalize recreational cannabis.

The law would restrict cannabis purchase, usage, and possession to adults 21 and over. And a hefty 20% excise tax would be levied on all cannabis products.

There has been significant opposition in this heavily conservative state, including a challenge to the measure in the State’s Supreme Court (on a technicality related to how cannabis taxation revenue would be allocated).

But despite the challenges, the measure appears poised to pass. The last polls show 49% in favor and only 39% opposed.

New Jersey

Medical cannabis has been legal in the Garden State since 2010. And now, a decade later, voters will be asked to decide on Public Question 1. If passed, recreational cannabis will become legal in New Jersey.

The measure restricts cannabis purchase, usage, and possession to adults 21 and over. But unlike many other states, cannabis products will only be subject to NJ’s current 6.625% sales tax. Though, local municipalities will have the option to levy an additional 2% excise tax.

Passage here seems a forgone conclusion, as recent polls show overwhelming support for the measure.

South Dakota

Unlike their north-bound neighbors – North Dakota legalized medical cannabis in 2016 – both medical and recreation cannabis have remained illegal in South Dakota.

This prohibition may be upended, however, as South Dakotans will be making two decisions in the upcoming vote.

First up is measure 26, which, if passed would allow doctors to prescribe medical cannabis to treat a variety of ailments.

And next is a referendum to amend the state constitution (apparently even SD’s state constipation has bone to pick with cannabis?) and allow the use of recreational cannabis by adults 21 and over.

Though a heavily conservative state, with some of the harshest laws for cannabis possession and sale, popular support appears to favor the bill. A September poll showed most residents in favor of both measure 26 (70%) and the constitutional amendment (60%).

Now You Know – So Do Your Part And VOTE!

Of course, it goes without saying as a good citizen, you should always exercise your right to vote.

But if you’re a cannabis proponent, and reside in any of the states mentioned above, you have the added incentive of casting a vote in favor of cannabis reform.

So, get out and VOTE!

Copyright © by Cannawayz. Cannawayz platform helps you to find a dispensary or delivery nearby.

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