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Your guide to the status of marijuana and psychedelic drug ballot initiatives on Election Day

Former President Donald Trump, who is registered to vote in Florida, previously said he was voting for a Florida ballot initiative that would legalize recreational marijuana use.

“As I have said before, I believe it is time to end unnecessary arrests and detentions of adults for small amounts of marijuana for personal use,” Trump wrote on social media in September.

“We also need to implement smart regulations while providing adults with access to safe, tested products. “As a Floridian, I will be voting YES on Amendment 3 this November,” he added. But it turned out that Florida voters rejected the measure on Election Day.

And although Vice President Kamala Harris has changed her stance on the issue throughout her career, she is the first major party presidential candidate to support federal legalization of marijuana.

“We’re at a point where we need to understand that we need to legalize it and stop criminalizing this behavior,” Harris said on the website All that smoke Podcast released September 30th.

Currently, recreational use of marijuana is legal in 24 states and Washington, DC, and 38 states and DC have legalized its use for medical purposes. Two states – Oregon and Colorado – have legalized the specific use of psychedelic drugs and natural herbal remedies. On Election Day, some states have their own ballot initiatives addressing recreational or medical marijuana use and psychedelic drugs.

Here’s where they’ll be on the ballot this election:

  1. Florida

  2. Massachusetts

  3. Nebraska

  4. North Dakota

  5. South Dakota

In Arkansas, a proposal to expand access to medical marijuana was technically on the Nov. 5 ballot, but the Arkansas Supreme Court ruled that votes for and against Issue 3 should not count.

Visit our live blog for the latest updates on the election.

Status: Failed.

Which is run by citizens Change 3 would have done: Amend the state constitution to legalize the use of marijuana for non-medical purposes for adults 21 years of age and older. Individuals could have possessed up to 3 ounces of marijuana, including up to 5 grams in concentrate form.

What the current law says: It is illegal to possess or use marijuana recreationally. Medical marijuana is currently legal for people who have a medical marijuana card.

Required to pass: Super majority of 60%.

Which is run by citizens Question 4 would do: Amend state law to permit residents 21 years of age or older to possess and use certain psychedelic substances at home or for therapeutic purposes in licensed facilities under supervision. Psychedelics include psilocybin and psilocin, two substances found in mushrooms, as well as dimethyltryptamine, mescaline and ibogaine, found in plants. The measure also provides for the creation of a commission to supervise therapeutic intermediaries, centers, regulation and taxation of certain substances.

What the current law says: Psychedelic drugs or natural plant remedies are considered illegal in the state. However, some communities, including Amherst, Cambridge, Easthampton, Medford, Northampton, Provincetown, Salem and Somerville, have told police not to prioritize investigations into the use and possession of psychedelics or natural herbal remedies.

Required to pass: A simple majority must be in favor of the ballot measure, and 30% or more of voters who cast ballots must vote “yes.”

What the citizen-led measures would do: Initiative 437 would pass a state law to legalize the use of a certain amount of medical marijuana for qualified patients. Initiative 438 would establish a commission to regulate the medical marijuana program.

What the current law says: It is currently illegal to use marijuana for medical or recreational purposes in Nebraska.

Required to pass: A simple majority in favor of the measure must be more than 35% of the total votes cast in the election.

Which is run by citizens Measure 5 would do: Amend state law to legalize recreational use with possession limits and to allow some people to grow a certain amount of marijuana plants.

What the current law says: Recreational use of marijuana is illegal in the state. Medical marijuana is legal for certain medical conditions.

Required to pass: More than 50% of the votes.

Which is run by citizens Measure 29 would do: State law would be changed to legalize recreational use of marijuana for adults 21 and older, with limits on the amount a person can possess. It would also allow people with restrictions to own personal marijuana plants.

What the current law says: Marijuana use is legal for medical purposes, but it is not legal for recreational purposes in South Dakota.

Required to pass: More than 50% of the votes.

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