Oregon Ballot Measure 80, also known as the Oregon Cannabis Tax Act, OCTA and Initiative-9, was an initiated state statute ballot measure on the November 6, 2012 general election ballot in Oregon. It would have allowed personal marijuana and hemp cultivation or use without a license and created a commission to regulate the sale of commercial marijuana. The act would also have set aside two percent of profits from cannabis sales to promote industrial hemp, biodiesel, fiber, protein, and oil.
In the United States, cannabis is legal in 39 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis is strictly illegal in Wyoming. The state has some of the strictest cannabis laws in the United States. Cannabis itself is not allowed for medical purposes, but a 2015 law allows limited use of non-psychoactive Cannabidiol. An effort was made to place two initiatives on the 2022 ballot, one to legalize medical cannabis, and the other to decriminalize personal use.
Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.
Cannabis in Nebraska is legal for medical use. First offense for possession of small amounts was reduced to a civil infraction in 1979.
Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.
Initiative 182 was a 2016 ballot initiative that amended Montana law to legalize marijuana for medical use in the state. The initiative passed via public referendum on November 8, 2016, with 58% of voters supporting and 42% opposing.
South Dakota Initiated Measure 26 was a 2020 voter initiative to legalize medical cannabis in the U.S. state of South Dakota. The initiative was certified by the South Dakota Secretary of State for the 2020 ballot on December 19, 2019. The sponsor of the initiative was New Approach South Dakota, a volunteer group headed by Melissa Mentele. The group had unsuccessfully tried to get an initiative on the 2018 ballot. Polling in September 2020 indicated 70% voter support for the initiative.
Montana I-190, the Montana Marijuana Legalization and Tax Initiative was a cannabis legalization initiative that appeared on the November 3, 2020 Montana general election ballot. Passing with 57% approval, the initiative legalized recreational marijuana in the state effective January 1, 2021. Along with Arizona, New Jersey and South Dakota, Montana was one of four states that legalized cannabis via ballot measures in the November 2020 election.
Arizona Proposition 207 was a voter initiative that appeared on the November 3, 2020, Arizona general election ballot to legalize cannabis for recreational use. Passing with 60% of the vote, the initiative legalized the possession of up to an ounce of cannabis, licensed sales at dispensaries, and personal cultivation of up to six plants. Along with Montana, New Jersey and South Dakota, Arizona is one of four states that legalized recreational marijuana via ballot measures in 2020.
South Dakota state elections in 2020 were held on Tuesday, November 3, 2020. Its primary elections were held on June 2, 2020.
South Dakota Constitutional Amendment A, the Marijuana Legalization Initiative, was a cannabis legalization initiative that appeared on the November 3, 2020 South Dakota general election ballot. Passing with 54% of the vote, the measure would have legalized recreational marijuana in South Dakota effective July 1, 2021. Additionally, Amendment A required the South Dakota State Legislature to establish a medical marijuana program and legal hemp sales by April 1, 2022.
The Regulate Marijuana Like Alcohol initiative, listed on the ballot as Issue 2, is a ballot initiative for legalization of cannabis in the U.S. state of Ohio that was passed by voters on November 7, 2023.
2022 Missouri Constitutional Amendment 3, also known as the Marijuana Legalization Initiative, was a ballot measure to amend the Constitution of Missouri to legalize cannabis at the state level in Missouri. The measure was on the November 7, 2022, general ballot and was approved by voters with a margin of 53–47 percent.
Oklahoma State Question 820 was a voter initiative to legalize adult purchasing, possession and consumption of cannabis in the U.S. state of Oklahoma. It would have placed Oklahoma Medical Marijuana Authority in charge of business regulation. It appeared on the March 7, 2023 in a special election to consider this single State Question. Governor Kevin Stitt, who opposed the measure, set the special election in a successful attempt to limit voter turnout.
Question 4 was a voter referendum to amend the Constitution of Maryland in order to legalize cannabis for adult use in Maryland. The referendum was approved overwhelmingly, with more than twice as many voters voting in favor of it than against it and winning in all but one county, on November 8, 2022. It went into effect on July 1, 2023.
