Where Cannabis Legalization Stands After the Election

Stephen Post • November 6, 2024

As the dust settles on this election season, Last Prisoner Project (LPP) remains focused on a clear goal: ensuring that cannabis justice does not end with legalization alone but continues until every person affected by outdated cannabis laws is granted freedom and the chance to rebuild their lives.


On Election Day, multiple states voted on cannabis-related measures. While only Nebraska passed a cannabis measure, the strong percentage of supporters shows a growing want for further state-level action. 


  • Florida: Amendment Three adult-use legalization did not pass. A 60% threshold for passage was always going to be an uphill battle. While prohibition may still be the law for now, tonight’s results show the vast majority of Floridians want legalization.
  • South Dakota: Measure 29 adult-use legalization did not pass. 
  • North Dakota: Measure 5 adult-use legalization did not pass. 
  • Nebraska: Initiative 437 (medical use) and Initiative 438 (establishing a Medical Cannabis Commission) both passed.
  • Texas: Cannabis decriminalization measures at the local level in several cities across Texas also passed including the Lockhart Freedom Act (Proposition A), Dallas Freedom Act (Proposition 4), and Bastrop’s (Proposition M).
  • Massachusetts: Question 4, which would have legalized natural psychedelics like psilocybin, failed to pass in Massachusetts.


While legalization is a step forward, justice will not be fully realized until past convictions are also addressed. In the absence of legalization, policymakers can still address the collateral damage from decades of outdated prohibition.


Beyond state cannabis measures, Nevada voted to remove involuntary servitude for those incarcerated from their constitution, while a similar initiative in California is looking like it will fail. This shift is critical, as many incarcerated for nonviolent cannabis offenses face forced labor under outdated laws. You can learn more about how you can help #EndtheException in your state.


Sarah Gersten, Last Prisoner Project’s Executive Director and General Counsel said, “It’s historic that both major party candidates stated they believe no one should be in prison for marijuana. We look forward to making that position a reality with the Trump administration, and will continue working with President Biden to use his clemency power to release cannabis prisoners before his term ends.”


Public support for cannabis clemency is stronger than ever. A recent
YouGov poll shows that President Biden’s cannabis pardons are among his administration's most popular actions, with bipartisan support across the nation. Building on this momentum, the Last Prisoner Project’s #Countdown4Clemency campaign underscores the critical importance of retroactive relief for those still serving time for outdated cannabis offenses.


With fewer than 75 days left in the current term, there is limited time to make meaningful progress. President Biden has the power to grant clemency to the remaining 3,000 individuals in federal prison for nonviolent cannabis offenses. We invite everyone to join us in urging the President to act on his own words: “No one should be in jail for marijuana.” To amplify our voices, visitCannabisClemency.org to send a letter to the White House, and join the movement on social media using the hashtags #Countdown4Clemency, #KeepYourPromise, and #CannabisClemency. Time is running out to right the history of cannabis prohibition—help us make sure this chapter ends with justice.


This historic election offers an unmistakable call to action for state and federal policymakers alike: true cannabis justice requires addressing both legalization and retroactive relief. For the thousands of individuals still facing the consequences of the War on Drugs, we will continue advocating until every sentence is lifted, every record expunged, and every individual given the chance to rebuild their lives.



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