Election 2022: Election Guide to Marijuana Legalization

Every two years, more states choose to legalize cannabis through statewide ballots. These measures are so overwhelmingly popular that they rarely fail when put before voters.

The challenge is getting them to vote, often in the face of fierce opposition from elected local politicians. This is the difficult task for many lawyers in the spring and summer of 2022.

This year, seven states could have adult use or medical legalization by the Nov. 8 vote — and we’ll be following them every step of the way.

Read on to learn more about the states in play in 2022, what the different measures would achieve, and where each campaign stands.

Guide to campaigns to legalize cannabis in 2022

Arkansas

Suggested actions: Legalize adult use

Current Status: Medical condition

Although five organizations initially requested that adult use initiatives be put on the 2022 vote, only two continue to collect signatures: Arkansas True Grass and Responsible Growth Arkansas.

Arkansas True Grass supports the Arkansas Recreational Marijuana Amendment of 2022. The amendment would allow adults to possess up to four ounces of marijuana, automatically delete records of nonviolent marijuana, and allow adults to grow up to 12 plants at home.

Responsible Growth Arkansas stands behind the Arkansas Adult-Use Cannabis Amendment. It would allow possession of up to an ounce of cannabis. It would not legalize home growing.

The two campaigns have until July 8, 2022 to collect 89,000 valid signatures to qualify for the November 8 election.

Last poll: According to a poll conducted in February this year, about 54% of Arkansas residents support legalizing adult use.

Maryland

Suggested action: Legalize adult use

Current Status: Medical condition

The Maryland legalization change for marijuana has been approved and will appear on the November ballot.

The amendment legalizes adult possession of marijuana beginning July 1, 2023. It also requires lawmakers to implement a regulatory framework for the program through separate legislation.

The Maryland Legislature has already addressed the latter issue, via House Bill 837. If Maryland voters pass legalization in November, Gov. Larry Hogan (R) has announced that he will sign the law into law.

As reported by Leafly, HB 837 lays out some basic guidelines for the program:

• Adults could purchase and possess up to 1.5 ounces of cannabis.
• Possession of 1.5 ounces to 2.5 ounces would only be fined and not considered a criminal offense.
• Adults could grow two cannabis plants at home.
• The state would automatically delete the records of people convicted of crimes deemed legal under HB 837.
• Individuals previously charged with intent to distribute may apply for erasure after serving three years of their sentence.

Last poll: According to a Goucher College poll released in March this year, 62% of Maryland voters support legalization.

Related

Maryland will vote on legal cannabis in November

Minnesota

Suggested action: Legalize adult use

Current Status: Medical condition

Recreational cannabis isn’t directly on the ballot in Minnesota this year, but the Democratic-Farmer-Labor Party (DFL) is promoting itself as the only viable path to legalization. Minnesota Republicans continue to block legislation in the state Senate supported by Governor Tim Waltz (D).

And just like in 2020, this year the state GOP wants to confuse voters by fielding bogus candidates to represent the Grassroots Legalize Cannabis Party. The data shows that this interference deprived DFL candidates of enough votes in 2020 to tip certain state Senate seats in favor of Republicans — with the direct impact of a spring 2021 legalization bill being nullified.

Last poll: Nothing yet; Watch this room.

Related

Have Minnesota’s Marijuana Legalization Parties Killed Marijuana Legalization?

Missouri

Suggested action: Legalize adult use

Current Status: Medical condition

In May 2022, the organization Legal Missouri 2022 announced that it had collected twice as many signatures to put the Missouri Marijuana Legalization Initiative, which is a constitutional amendment, to a vote on November 8, 2022.

State officials have yet to validate the signatures before the initiative can officially be added to the vote.

If passed, the constitutional amendment would allow retail sales, tax marijuana at 6% (with an additional 3% local option tax), create equity licenses, and automatically erase the records of residents with nonviolent marijuana-related offenses.

Opponents of the bill say it would allow existing medical providers to monopolize the market.

Latest poll: Nothing yet; Watch this room.

Nebraska

Suggested Action: Legalize medical marijuana

Current Status: Ban Status

After the GOP-led state Supreme Court overturned a medical marijuana ballot initiative in 2020 on the grounds that it violated a one-subject statute, the Nebrascan Medical Marijuana (NMM) regrouped and returned with a new one Campaign back for 2022.

NMN has until July 7, 2022 to collect 87,000 signatures for each of the two initiatives: the Patient Protection Act and the Medical Cannabis Regulation Act.

The first initiative would protect the legal right of patients and caregivers to possess and use medicinal cannabis. The second would establish the Nebraska Medical Cannabis Commission, which would in turn create a regulatory framework for the program – so patients could actually obtain cannabis from reliable sources.

If the initiatives make it into the elections in November, it won’t be an easy election campaign for either of them. Nebraska Gov. Pete Ricketts (R) remains a staunch opponent of medical marijuana. “If you legalize marijuana, you’re going to kill your kids,” he said in 2021.

The medical legalization campaign also encountered a major financial setback in March 2022 when a key donor died. Without these funds, the campaign was unable to hire paid petition collectors.

Last poll: About 80% of Nebrascans support legalizing medical marijuana, according to NMN

North Dakota

Suggested action: Legalize adult use

Current Status: Medical condition

On April 22, 2022, North Dakota Secretary of State Al Jaeger (R) gave New Approach North Dakota the green light to begin collecting signatures for a legalization measure for adult use on the November 8 ballot put.

Activists only have until July 11, 2022 to collect about 16,000 valid signatures, which is 2% of the state’s population.

The measure would legalize possession of up to one ounce of cannabis, four grams of cannabis concentrate and up to 500 milligrams of edibles. Adults could legally grow three plants at home. The state would have to create a market for retailers and manufacturers and establish testing and tracking procedures.

Last poll: Nothing yet. Watch this room.

Oklahoma

Suggested actions: Legalize adult use

Current Status: Medical condition

Two different organizations are hoping to include legalization measures in the November 8, 2022 vote.

Oklahomans for Sensible Marijuana Laws supports state Question 820. On May 3, 2022, they began collecting signatures to put the measure on the November ballot.

SQ 820 would impose a 15% excise tax on all purchases for adult use, eliminate state taxes on medical marijuana, and provide a path for individuals seeking cancellation.

The campaign must collect 94,911 signatures by August 1, 2022.

Oklahomanes for Responsible Cannabis Action, on the other hand, is behind SQ 818 and SQ 819. As of this writing, the group has yet to receive the green light from the Supreme Court to begin collecting signatures.

Accompanying Measures 818 and 819—which, unlike State Question 820, would change the state constitution—are primarily intended to ensure residents’ access to marijuana and to legalize adult use. SQ 819 would tax purchases at a rate of 15%.

The campaign must collect around 178,000 valid signatures by August 1, 2022. Oklahoma law requires more signatures to put a constitutional amendment on the ballot.

Last poll: Nothing yet; Watch this room.

South Dakota

Suggested actions: Legalize adult use

Current Status: Medical condition

On May 3, 2022, South Dakotans for Better Marijuana Laws (SDBML) submitted the necessary signatures to put a new initiative to legalize adult use on the November 2022 vote.

Although South Dakota voters embraced legalization by a wide margin in the November 2020 election, Gov. Kristi Noem (R) has used taxpayer dollars to fund a lawsuit to overturn the vote. In November 2021, the state Supreme Court sided with Noem and ended the approved measure.

At this time, SDBML is awaiting approval from the Office of the Secretary of State for South Dakota to officially begin the campaign.

The new initiative emphasizes civil liberties: it would legalize personal possession and limited home cultivation, and reduce the associated criminal penalties.

As in Nebraska, pro-legalization advocates in South Dakota face opposition from an incumbent governor and organized opposition. The NO Way on Amendment A group opposed the measure in 2020 and is expected to resurface in the fall.

Last poll: Nothing yet; Watch this room.

Legalization on the ballot

Max Savage Levenson and Bruce Barcott

Max Savage Levenson is Leafly’s chief political correspondent, covering the 2020 election. He lives in Missoula, Montana.

Bruce Barcott is Leafly’s managing editor for news and investigations.

Check out articles by Max Savage Levenson and Bruce Barcott

By submitting this form, you are subscribing to Leafly news and promotional emails and agreeing to Leafly’s Terms of Service and Privacy Policy. You can unsubscribe from Leafly email communications at any time.