Cannabis on the Ballot: Analyzing 2024 Initiatives in Florida, Nebraska, South Dakota, and North Dakota
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As the 2024 election season approaches, cannabis reform continues to be a pivotal issue on many ballots across the United States. In states like Florida, Nebraska, South Dakota, and North Dakota, voters will face decisions that could reshape the legal landscape for cannabis. Here’s a closer look at what each state has in store for cannabis legislation.
Florida: Expansion of Medical Cannabis
In Florida, the spotlight is on a proposed amendment to expand the state's medical cannabis program. Currently, Florida's medical cannabis laws are fairly robust, but proponents argue that the proposed changes will provide much-needed updates to improve patient access and care.
The 2024 ballot initiative aims to:
- Broaden Eligibility: Extend medical cannabis access to a wider range of conditions, including chronic pain and certain mental health disorders.
- Increase Access Points: Allow for more dispensaries and simplify the process for patients to obtain prescriptions.
- Reduce Costs: Lower the financial burden on patients by potentially eliminating certain fees and reducing the cost of medical cannabis.
Unfortunately, the proposed amendment for expanding the medical cannabis program in Florida does not include specific provisions for record clearance or resentencing related to past cannabis offenses.
Nebraska: Legalization of Recreational Cannabis
Nebraska is preparing to vote on a significant change with a proposed measure to legalize recreational cannabis. This is a notable shift for a state that has traditionally taken a conservative stance on drug policy.
Key aspects of the Nebraska proposal include:
- Legal Age and Possession Limits: Allow adults 21 and over to possess up to one ounce of cannabis and grow a limited number of plants for personal use.
- Taxation and Revenue: Implement a tax structure on cannabis sales that would generate revenue for state programs, such as education and infrastructure.
- Regulation and Licensing: Establish a regulatory framework for dispensaries and growers, ensuring product safety and responsible distribution.
Supporters of the measure believe it will bring economic benefits and reduce the burden on the criminal justice system. Importantly, Nebraska’s ballot initiative includes measures related to past cannabis offenses. The initiative provides a pathway for individuals with prior cannabis-related offenses to have their records expunged, particularly those involving minor possession charges. Unfortunately, the provision is petitioner-initiated and very narrow, but LPP is happy to see the state taking a step in the right direction.
South Dakota: Medical Cannabis Expansion
South Dakota’s focus in the 2024 election is on expanding its medical cannabis program. South Dakota’s current medical cannabis law, passed in 2020, allows for medical use but has faced criticism for its restrictive nature and limited access.
The proposed amendment seeks to:
- Expand Qualifying Conditions: Broaden the list of medical conditions that qualify for cannabis use, making it accessible to more patients.
- Improve Patient Access: Increase the number of medical cannabis dispensaries and make it easier for patients to obtain medical cards.
- Enhance Patient Protections: Strengthen protections for medical cannabis users against discrimination and legal issues.
Unfortunately, South Dakota’s initiative does not address record clearance or resentencing for individuals with past cannabis offenses.
North Dakota: Recreational Cannabis Legalization
North Dakota is also considering a major shift with a proposed initiative to legalize recreational cannabis.
The key elements of North Dakota’s proposal include:
- Legalization and Regulation: Permit adults 21 and over to legally possess and use cannabis, with regulations on sales, distribution, and quality control.
- Taxation and Revenue Allocation: Introduce a taxation scheme on cannabis sales, with revenue earmarked for public health, education, and infrastructure projects.
- Social Equity Programs: Include provisions for social equity programs aimed at helping communities disproportionately affected by previous cannabis laws.
LPP was thrilled to see that North Dakota’s legalization proposal addresses past cannabis offenses through both expungement and resentencing. The initiative proposes automatic expungement of certain cannabis-related convictions and resentencing for individuals currently serving time for offenses that would no longer be criminalized under the new law. This provision aims to rectify past injustices and ensure that individuals are not unfairly burdened by previous convictions.
Conclusion
The 2024 election is set to be a pivotal moment for cannabis legislation in Florida, Nebraska, South Dakota, and North Dakota. As these measures make their way to the ballot, the outcomes will likely influence cannabis policy not only in these states but also provide a broader signal of shifting attitudes toward cannabis across the nation.
Unfortunately, nearly every proposal falls short in offering retroactive relief for individuals with past cannabis offenses, with Florida and South Dakota providing no relief and Nebraska offering only narrow record clearance relief. With this said, LPP was thrilled to see that North Dakota's initiative includes both automatic expungement and resentencing provisions, and we look forward to supporting the state in seeing these provisions through.
