How Many States Will Legalize Cannabis On Election Night?

Through Andrew Ward

With five states passing adult-use laws this November, another green wave could soon sweep the United States. The potential wave brings ample business opportunities, legal cannabis sales and the end of cannabis criminalization in legalized jurisdictions.

These are the states where cannabis legalization is on the ballot this year.

Photo by FatCamera/Getty Images

Arkansas

In September, the Arkansas Supreme Court ruled that voters will decide the fate of adult-use cannabis this November. If approved, the law would be the second voter behind the cannabis law in the state, following the passage of medical cannabis in 2016.

Key legal parameters include possession of up to one ounce of cannabis and expanding the number of licensed dispensaries from 40 to 120.

RELATED: Former Arkansas Gov. Mike Huckabee’s bizarre and factually inaccurate video blasting legal weed

The fate of the bill has yet to be determined. An October 2022 poll of 974 likely voters found decline and support for cannabis legalization. 36.5% of respondents said they would definitely vote for the law. 43% of respondents were either probably or definitely against the measure. 6.5% state that they are undecided.

Maryland

Maryland’s cannabis law aims to expand adult use legislation passed in 2014, with sales beginning three years later.

If question 4 of the Maryland vote is approved, adults age 21 and older may possess up to 1.5 ounces of cannabis and 10 grams of concentrate beginning July 2023. A companion piece of legislation, House Bill 837, would decriminalize these possessions by July 2023.

RELATED: Home leaders in Maryland introduce marijuana legalization law

The odds of passing a law seem high in Maryland at this point. An October 2022 Washington Post and University of Maryland poll suggests the measure should be passed, with nearly three-quarters of respondents saying they support the proposed legislation.

Legalization of marijuanaPhoto by Olena Ruban/Getty Images

Missouri

Missouri’s march toward cannabis reform has steadily evolved over the past several years. After medical cannabis was passed in 2018 and sales rolled out in 2020, voters will next decide whether adult use gets the green light. Passing the law would allow adults 21 and older to participate in the adult use market while expanding probation and rehabilitation opportunities for people affected by the drug war.

RELATED: Marijuana legalization debate heats up in Missouri ahead of midterms

Two polls conducted in September and October suggest legalization may fall short, but it’s too close to announce at this point. A September analysis by Remington Research Group found that 43% of respondents support the measure, while 10% are unsure. An October poll by Emerson College and The Hill found that 48% support the voting measure, while 17% are unsure.

North Dakota

With North Dakota’s Compassionate Care Act, the state could authorize adult use and build on the back of the 2016 medical legalization.

If approved, citizens aged 21 and over would be allowed to possess up to one ounce of cannabis and four grams of concentrate. The measure would also make it possible to grow up to three plants yourself. Passing the law would also force the state Department of Health and Human Services to establish retail guidelines, including licensing up to 18 pharmacies.

Few polls, if any, have looked at national sentiment. A September 2022 poll by Dickinson Press of its Southwestern readers found support waning, with 40% backing the measure, down from 60% in 2018.

Civiqs data from April 2022, reported by FiveThirtyEight, found that North Dakota had the lowest support for cannabis legalization in the US at 52%.

Marijuana campaign buttonsPhoto by adamkaz/Getty Images

South Dakota

South Dakota voters will try again to pass adult-use legislation in 2022. The effort follows the passage of the Medical and Recreational Acts in 2020. Although it passed by 54% of the vote this year, the adult-use component of the law was struck down by the state Supreme Court when judges ruled that the election issue violated state rules requiring election measures to be changed focus on a single question.

RELATED: South Dakota regulators just removed that requirement for obtaining medical marijuana

Recent polls show the state is heading for a close race this time. An October poll by South Dakota State University found that of 565 registered voters, 45% supported legalization, while 8% were undecided.

Coming up: Oklahoma

Oklahomans have the opportunity to choose whether they want their state to take action on adult use. But the voters have to wait a few months longer than the others. Her voice will be heard in March after Gov. Kevin Stitt authorized a special election for the measure.

Benzinga’s Take: No matter where you stand on the issues, let your voice be heard. Do your part and vote whenever possible.

This article originally appeared on Benzinga and has been republished with permission.

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