12 Aug At Least Seven (Correction: Six) States to Vote on Cannabis Legalization

While a few states’ efforts to move ahead with voter referendums on legalizing cannabis have been stalled or frustrated by the global pandemic, at least six states will be voting on some form of legalization of cannabis this year. As of now, Arizona, South Dakota, Montana and New Jersey voters will decide on legalization of cannabis adult use, and Idaho and Mississippi voters will decide on medical marijuana. South Dakota is also voting on medical at the same time as adult use. This in addition to the 33 states and certain territories with legal medical marijuana and 11 states plus DC with legal adult use. While Nebraska had already approved a voter initiative to legalize medical marijuana, on September 10, 2020 the Nebraska Supreme Court said the referendum was unconstitutional on essentially technical drafting grounds so Nebraska voters will not be weighing in on the issue this year.

Unfortunately, prior to the coronavirus, some were expecting as many as 18 states to vote on some form of legalization this year. But in addition to the challenges in Nebraska, states like Arkansas, Missouri, Oklahoma and North Dakota saw their attempt to gather signatures killed by COVID-19. And, as we know, New York for various reasons cannot submit the matter to a voter referendum and must provide a legislative solution to legalization. In both 2019 and 2020 efforts to complete that process in the Empire State were unsuccessful, though the parties might feel more motivated to complete a deal if neighboring New Jersey legalizes in its referendum.

If these initiatives pass, we could see 36 states with medical marijuana and 15 states with legal adult use. We do not, sadly, seem any closer to federal legalization any time soon. If the Senate were to move to Democrat hands that might change, probably regardless of the outcome of the Presidential election. Stay tuned!

Updated 8.17.2020 with information about Montana. Updated 9.11.2020 to update information about Nebraska.