Your feedback ensures we stay focused on the facts that matter to you most—take our survey.
2020 marijuana legalization and marijuana-related ballot measures
Marijuana-related ballot measures |
 |
| • 2020 marijuana ballot measures |
|---|
| • Marijuana on the ballot |
| • Local marijuana on the ballot |
| • History of marijuana ballot measures and laws |
| • Marijuana laws in the U.S. |
On November 3, 2020, voters in four states—Arizona, Montana, New Jersey, and South Dakota—approved statewide ballot measures to legalize marijuana for personal use. Voters in Mississippi and South Dakota approved statewide ballot measures to legalize marijuana for medical use.
Heading into November, 11 states and D.C. had legalized marijuana for recreational purposes; nine through statewide citizen-initiated ballot measures, and two through state legislative processes. Additionally, 33 states and D.C. had passed laws legalizing or decriminalizing medical marijuana.
As of 2020, the federal government classified marijuana, also known as cannabis, as an illegal controlled substance. However, voters had decided ballot measures on marijuana's legal status under state law.
This page provides an overview of marijuana-related ballot measures in 2020, including:
- State ballot measures
- Local ballot measures
- Campaign finance
- Comparison of legalization measures
- Political context of legalization measures
- Legalization history in the U.S.
Ballot measures
State ballot measures
The following is a list of marijuana-related statewide ballot measures that were on the ballot in 2020:
Summary of campaign contributions
- See also: Ballot measure campaign finance, 2020
The following chart illustrates how much support and opposition committees received in contributions for each marijuana-related measure on a statewide ballot in 2020:
| Ballot Measure | Support Contributions | Oppose Contributions | Outcome |
|---|---|---|---|
| Arizona Proposition 207, Marijuana Legalization Initiative (2020) | $5,986,533.55 | $1,058,173.00 | 
|
| Mississippi Ballot Measure 1, Initiative 65 and Alternative 65A, Medical Marijuana Amendment (2020) | $7,586,740.59 | $314,811.00 |
|
| Montana CI-118, Allow for a Legal Age for Marijuana Amendment (2020) | $7,476,501.07 | $323,170.00 |
|
| Montana I-190, Marijuana Legalization Initiative (2020) | $7,476,501.07 | $323,170.00 |
|
| New Jersey Public Question 1, Marijuana Legalization Amendment (2020) | $1,081,544.92 | $8,875.00 |
|
| South Dakota Constitutional Amendment A, Marijuana Legalization Initiative (2020) | $2,353,264.16 | $259,035.00 | |
| South Dakota Initiated Measure 26, Medical Marijuana Initiative (2020) | $2,353,264.16 | $0.00 |
|
Comparison of legalization ballot measures
The following table compares a selection of provisions, including possession limits, local control, taxes, and revenue dedications, of ballot initiatives that were designed to legalize marijuana.
Click "Show" to expand the table.
| Comparison of marijuana ballot measure provisions, 2012-2022 | |||||
|---|---|---|---|---|---|
| Measure | Possession limits | Homegrown plants | Local control | State taxes | Revenue |
| Ballot measures that were on the ballot in 2022 | |||||
| Marijuana Legalization Amendment (2022) | • Not specified | • Not specified | • Not specified | • Not specified | • Not specified |
| Ballot measures that were approved | |||||
| Arizona Proposition 207 (2020) | • 1 ounce of marijuana • 5 grams (0.18 ounces) of marijuana concentrate |
• Grow up to 6 marijuana plants | • Municipalities allowed to ban or limit marijuana establishments within their boundaries | • 16% excise sales tax | • community college districts • police and fire departments and fire districts • highways • new criminal justice fund (restorative programs, mentoring, and behavioral health) |
| Montana I-190 (2020) | • 1 ounce of marijuana | • Individuals could grow up to four marijuana plants and four seedling in a private residence in a locked space | • A local government is not allowed to completely ban marijuana cultivators, testing facilities, wholesalers, or retail stores from operating in its limits; cannot prohibit the transportation of marijuana on public roads in its jurisdiction by those who are licensed to do so; allowed to pass ordinances to regulate an adult-use provider or adult-use marijuana-infused products that operate in its jurisdiction | • 20% sales tax | • After the tax revenue is used by the Department of Revenue to cover costs associated with implementing the initiative, 10.5% of the remaining revenue would be appropriated to the state's general fund, and the remainder would be appropriated to conservation programs, substance abuse treatment, veterans’ services, healthcare costs, and localities where marijuana is sold |
| New Jersey Amendment (2020) | • Not specified | • Not specified | • Not specified | • Subject to state sales tax • Prohibits additional state sales taxes on marijuana |
• Not specified |
| Michigan Proposal 1 (2018) | • 2.5 ounces of marijuana • 0.5 ounces of marijuana concentrate |
•Grow up to 12 marijuana plants | •Municipalities allowed to ban or limit marijuana establishments within their boundaries | •10% excise sales tax | •local governments •K-12 education •road and bridge maintenance |
| California Proposition 64 (2016) | • 1 ounce of marijuana • 0.3 ounces of marijuana concentrate |
•Grow up to 6 marijuana plants | •Municipalities allowed to ban or limit marijuana establishments within their boundaries | •15% excise sales tax •$9.25/ounce cultivation tax for flowers •$2.75/ounce cultivation tax for leaves |
•youth drug education, prevention, and treatment •prevent and fix environmental damage from illegal marijuana producers •marijuana DUI prevention and negative health effects programs |
| Nevada Question 2 (2016) | • 1 ounce of marijuana • 0.125 ounces of marijuana concentrate |
•Grow up to 6 marijuana plants | •Permits local ballot measures pertaining to zoning and land use for marijuana establishments | •15% excise sales | •K-12 education |
| Maine Question 1 (2016) | • 2.5 ounces of marijuana and/or marijuana concentrate | • Grow up to 6 marijuana plants | • Municipalities allowed to ban or limit marijuana establishments within their boundaries | • 10% excise sales tax •The legislature added a $20.94/ounce cultivation tax on flowers and mature plants; $5.88/ounce cultivation tax on marijuana trim; $1.50 tax per immature plant; $0.30 tax per immature plant |
•General Fund (legislature added public health programs and law enforcement programs) |
| Massachusetts Question 4 (2016) | • 10 ounces of marijuana in one's home • 1 ounce of marijuana in public • 0.2 ounces of marijuana concentrate |
• Grow up to 6 marijuana plants | • Municipalities allowed to limit number of establishments and restrict the time, place, and manner of their operation • Permits local ballot measures to ban or limit marijuana establishments within their boundaries |
• 3.75% excise sales tax (legislature increased to 10.75%) | • General Fund |
| Alaska Measure 2 (2014) | • 1 ounce of marijuana | • Grow up to 6 marijuana plants | • Municipalities allowed to ban or limit marijuana establishments within their boundaries | • $50/ounce cultivation tax | • General Fund |
| Oregon Measure 91 (2014) | • 8 ounces of marijuana in one's home • 1 ounce of marijuana in public • 1 ounce of marijuana concentrate |
• Grow up to 4 marijuana plants | • Permits local ballot measures to ban or limit marijuana establishments | • 17% excise sales tax (legislature added the excise sales tax) • $35/ounce producer tax for flowers • $10/ounce producer tax for leaves |
• K-12 education • drug prevention and treatment • state police • local law enforcement |
| Colorado Amendment 64 (2012) | • 1 ounce of marijuana • 1 ounce of marijuana concentrate |
• Grow up to 6 marijuana plants | • Municipalities allowed to ban or limit marijuana establishments within their boundaries | •Required the state legislature to enact taxes •In 2013, the legislature's Proposition AA enacted a 15% excise tax on unprocessed retail marijuana and 10% (increased to 15% in 2017) sales tax on retail sales |
• K-12 public education • Proposition AA added allocations for local governments, healthcare, substance abuse prevention and treatment, and law enforcement |
| Washington Initiative 502 (2012) | • 1 ounce of marijuana • 0.25 ounce of marijuana concentrate |
• Illegal | • Municipalities allowed to ban or limit marijuana establishments within their boundaries | •25% excise sales tax (legislature increased the tax to 37%) | • research • drug prevention, public health education • healthcare • dropout prevention, intervention • General Fund |
| Ballot measures that were defeated or overturned | |||||
| South Dakota Constitutional Amendment A (2020) | • 1 ounce of marijuana | • Individuals who live in a jurisdiction with no licensed retail stores could grow up to three marijuana plants in a private residence in a locked space, though not more than six marijuana plants could be kept in one residence at a time | •A local government allowed to ban marijuana cultivators, testing facilities, wholesalers, or retail stores from operating in its limits; cannot prohibit the transportation of marijuana on public roads in its jurisdiction by those who are licensed to do so | • 15% sales tax | • After the tax revenue is used by the Revenue Department to cover costs associated with implementing the amendment, 50% of the remaining revenue would be appropriated to fund state public schools and 50% would be deposited in the state's general fund |
| North Dakota Measure 3 (2018) | • Not specified | • Not specified | • Not specified | • Not specified | • Not specified |
| Arizona Proposition 205 (2016) | • 1 ounce of marijuana • 5 grams (0.18 ounces) of marijuana concentrate |
• Grow up to 6 marijuana plants | • Municipalities allowed to ban or limit marijuana establishments within their boundaries | • 15% excise sales tax | • school districts and charter schools • state department of health • local governments |
| Ohio Issue 3 (2015) | • 1 ounce of marijuana and/or equivalent concentrate | • Grow up to 4 marijuana plants with a license | • Municipalities prohibited from banning the development or operation of marijuana establishments | • 15% tax on gross revenue of growth, cultivation, extraction, and manufacure facilities • 5% tax on gross revenue of retail marijuana stores |
• research and development • local governments • mental health and addiction and treatment services |
Political context of legalization ballot measures
The following table provides information on the political context of the states that had voted on legalization measures as of 2022.
Click "Show" to expand the table.
| Political factors and marijuana ballot measures, 2012-2022 | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Measure | Year | Status | Presidential, 2008-2020 | State partisan control at time of vote | |||
| Colorado | Amendment 64 | 2012 | |
Democratic (Obama-Obama-Clinton-Biden) | Divided | |||
| Washington | Initiative 502 | 2012 | |
Democratic (Obama-Obama-Clinton-Biden) | Democratic | |||
| Alaska | Measure 2 | 2014 | |
Republican (McCain-Romney-Trump-Trump) | Republican | |||
| Oregon | Measure 91 | 2014 | |
Democratic (Obama-Obama-Clinton-Biden) | Democratic | |||
| Ohio | Issue 3 | 2015 |  |
Pivot (Obama-Obama-Trump-Trump) | Republican | |||
| Arizona | Proposition 205 | 2016 | |
Pivot (McCain-Romney-Trump-Biden) | Republican | |||
| California | Proposition 64 | 2016 | |
Democratic (Obama-Obama-Clinton-Biden) | Democratic | |||
| Maine | Question 1 | 2016 | |
Democratic (Obama-Obama-Clinton-Biden) | Divided | |||
| Massachusetts | Question 4 | 2016 | |
Democratic (Obama-Obama-Clinton-Biden) | Divided | |||
| Nevada | Question 2 | 2016 | |
Democratic (Obama-Obama-Clinton-Biden) | Republican | |||
| Michigan | Proposal 1 | 2018 | |
Pivot (Obama-Obama-Trump-Biden) | Republican | |||
| North Dakota | Measure 3 | 2018 | |
Republican (McCain-Romney-Trump-Trump) | Republican | |||
| Arizona | Proposition 207 | 2020 | |
Pivot (McCain-Romney-Trump-Biden) | Republican | |||
| Montana | Initiative 190 | 2020 | |
Republican (McCain-Romney-Trump-Trump) | Divided | |||
| New Jersey | Amendment | 2020 | |
Democratic (Obama-Obama-Clinton-Biden) | Democratic | |||
| South Dakota | Amendment A | 2020 | / |
Republican (McCain-Romney-Trump-Trump) | Republican | |||
| Maryland | Marijuana Legalization Amendment | 2022 | Democrat (Obama-Obama-Clinton-Biden) | Divided | ||||
Legalization in the U.S.
California Proposition 19, which would have legalized marijuana, appeared on the ballot in 2010. It was defeated, with 53.5 percent of voters casting "no" votes.[1] U.S. Attorney General Eric Holder commented on Proposition 19, saying President Barack Obama's (D) administration would "vigorously enforce the (Controlled Substances Act) against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law."[2]
In 2012, legalized recreational marijuana advocates saw their first statewide victories in Colorado and Washington. Two years later, voters in Oregon, Alaska, and Washington, D.C. approved marijuana legalization. Regarding how the federal government would respond, President Obama stated, "We've got bigger fish to fry. It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal."[3]
In 2015, voters in Ohio defeated Issue 3, which was designed to legalize the sale and use of marijuana and authorize 10 facilities with exclusive commercial rights to grow marijuana.[4]
Arizona, California, Maine, Massachusetts, and Nevada all had marijuana legalization initiatives on their 2016 general election ballots. The initiatives passed in all of the states but Arizona, where voters rejected the measure 51.3 to 48.7 percent.[5]
Michigan became the first state in the Midwest to legalize marijuana after voters approved Proposal 1 in 2018.[6] North Dakota Measure 3, which was also on the ballot in 2018, would have legalized marijuana but was defeated.[7]
As of 2019, two states—Illinois and Vermont—had legalized the recreational use of marijuana through the legislative process and governor's signature.[8][9]
The following map depicts the legal status of recreational marijuana in different states:
See also
- History of marijuana ballot measures and laws
- History of marijuana ballot measures and laws
- Marijuana on the ballot
- Local marijuana on the ballot
- Marijuana Policy Project
- Drug Policy Alliance
- Smart Approaches to Marijuana
Footnotes
- ↑ LA Weekly, "What Killed Prop. 19?" November 4, 2010
- ↑ Washington Post, "How Democrats derailed marijuana legalization in California," November 10, 2014
- ↑ Washington Post, "Obama: I’ve got ‘bigger fish to fry’ than pot smokers," December 14, 2014
- ↑ CNN, "Ohio voters reject legal marijuana," November 4, 2015
- ↑ Time, "These States Just Legalized Marijuana," November 8, 2016
- ↑ Forbes, "Michigan Voters Approve Marijuana Legalization," November 6, 2018
- ↑ Grand Forks Herald, "ND voters snuff out recreational marijuana measure," November 7, 2018
- ↑ Burlington Free Press, "Vermont's legal marijuana law: What you should know," January 23, 2018
- ↑ NPR, "Illinois Governor Signs Law Legalizing Recreational Use Of Marijuana," June 26, 2019
