Legalization Initiatives on the 2022 Ballot in Five States

September 26, 2022

Currently, there are 19 states that have legalized adult cannabis use.

Ballot initiatives are a practical way to pass marijuana legalization in states that allow them to change laws.

Eleven of the 19 states that have legalized adult use did it via ballot initiatives. The rest, and most recent, are the result of legislation moving through state chambers and signed by supportive governors. The latest state to succeed in this fashion was Rhode Island. A similar effort in Delaware ended with a veto.

Five states will have cannabis initiaives on the November ballot. They are:

Arkansas

Despite more than enough signatures submitted by Responsible Growth Arkansas, the state's Booard of Elections rejected the Arkansas Marijuana Legalization Initiative (Issue 4) on a technicality. However, on August 11, the state Supreme Court overruled that decision. The measure, which would amend the Arkansas Constitution if it passes, does not allow for home grow and would institute a 10% state sales tax. A recent poll showed 58% in favor.

Maryland

Like in New Jersey, the Maryland legislature punted the issue to voters, who will get to weigh in at the ballot in November. The Marijuana Legalization Amendment (Question 4) would amend the Maryland Constitution.if it passes. A recent poll showed 59% in favor.

Missouri

The Marijuana Legalization Initiative (Amendment 3) would amend the Missouri Constitution if it passes. It's being supported by the Legal Missouri 2022 PAC. The Act allows for home grow (6 plants) and would institute a 6% state sales tax. A recent poll showed 62% in favor.

North Dakota

The Marijuana Legalization Initiative is on the 2022 ballot. It would allow adutls to possess one ounce and grow three plants. In 2018, a similar effort lost by a 59%-41% margin. A recent poll showed only 39% in favor.

South Dakota

The Marijuana Legalization Amendment (Measure 27) is on the 2022 ballot. It would amend the South Dakota Constitution of passed. The measure allows for home grow (six plants). In 2020, voters passed Amendment A by a 53% margin, but it was overturned by state courts. A recent poll showed only 44% in favor.

PROPOSED, BUT NOT ON THE BALLOT

Nebraksa

Two initiatives vying for the November ballot in Nebraska were not approved.

Oklahoma

Two initiatives are vying for the November ballot. They have the same name - The Marijuana Legalization Initiative - but only Question 819 is a constitutional amendment. Petition signatures were submitted by proponents for both Question 819 and Question 820, but neither have been approved for the 2022 ballot.

One of the 820 organizers, Garret Overstreet, tells CelebStoner: "The main thing was the new ballot verification process. We turned in our signatures in July, long before the requirement. They were supposed to take a couple of weeks, but they took something close to 50 days to verify the signatures. The state hired a new company to verify a few initiatives - it was the first time ever not done by Secretary of State - and they blamed it on being busy. Then it got held up for being turned in with too little time. Then they waited weeks to start the Supreme Court process and 10-day challenge. Then the competing initiative challenged us (a second time) as well as a few others, then they sent it back to the Supreme Court for language issues, but they had to have a cut-off date to print absentee ballots in time for military overseas.

"From my perspective, it sounds like good ol' boys delay tactics. It took almost 2.5 months to verify our signatures and there were unnecessary delays from several folks, not to mention the original challenges from the competing initiative. The language/title is still being reviewed, but it will be on a ballot, just not sure which one yet. The governor can set a special election, or delay it all the way up until 2024. We did everything right, but just had every hurdle and people dragging their feet for no reason, then blaming us for not being on time, despite them having plenty of time to verify other statuatory initiatives. Oklahoma is a headache, and the opposition from such a large medical industry didn't help."