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History of marijuana on the ballot

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Voting on Marijuana
Marijuana Leaf-smaller.gif
Ballot Measures
By state
By year
Not on ballot

The federal government has classified marijuana as an illegal controlled substance since 1970. However, voters have had a chance to weigh in on marijuana in state law in multiple states.

In 1996, the first state legalized marijuana for medical use in state law. In 2012, the first states legalized marijuana for recreational use in state law.

As of April 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana; an additional 10 states had legalized the use of cannabis oil, one of the non-psychoactive ingredients found in marijuana, for medical purposes. Nineteen of the states that had legalized medical marijuana did so through citizen-initiated ballot measures, and the other 16 did so through legislative action.

As of June 2021, 18 states had legalized recreational marijuana. Voters had approved ballot measures to legalize the recreational use of marijuana in 13 states and Washington, D.C., as of April 2021. Thirteen of the measures were citizen initiatives, one was a legislative referral. The measure in South Dakota was overturned by a circuit court and by the state supreme court upon appeal. Six additional states—Illinois, New Mexico, New York, Vermont, Virginia, and Connecticut—legalized recreational marijuana through legislative action.

This page outlines the marijuana-related measures that had appeared on the ballot from the first marijuana-related measure in California in 1972 through 2020. To learn more about the history of marijuana laws in the United States, see this article.

Quick hits

  • The first time a marijuana legalization measure appeared on the ballot was in California in 1972, when voters rejected Proposition 19.
  • Between 1972 and 2020, voters in 21 states voted on 75 marijuana-related ballot measures. Of these measures, not all were marijuana legalization efforts; some were bans, some were related to medical marijuana, and some were related to taxing medical or recreational marijuana. Most of these ballot measures, however, were designed to move statewide marijuana laws in the direction of legalization and decriminalization.
  • The first state to legalize medical marijuana was California in 1996. As of 2018, the most recent defeat of a medical marijuana measure was in Florida in 2014.
  • South Dakota's measure was overturned by a court ruling.
  • As of 2021, Vermont (2018), Illinois (2019), New Mexico (2021), New York (2021), Virginia (2021), and Connecticut (2021) had legalized recreational marijuana through legislative bills.


Recreational marijuana by state

See also: Marijuana laws in the United States

Medical marijuana by state

See also: Marijuana laws in the United States

As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.[2] In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal.[3] Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.

Unique instances

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. [4]

South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state's definition of marijuana in that section.[5] Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.[6]

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law.[7] Several state's attorneys expressed disagreement with the Attorney General's statements. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.[6]

On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.[8]


Overview of marijuana-related measures

Between 1972 and 2020, voters in 21 states voted on 75 marijuana-related ballot measures. Most of these ballot measures had moved statewide marijuana laws towards legalization and decriminalization. As of March 2021, medical marijuana was legal in 35 states and Washington, D.C., while the statewide recreational use of marijuana was legal in 15 states and Washington, D.C. Of the 35 states permitting medical marijuana, 19 states had achieved legalization via statewide ballot measure, and 16 states had seen the state legislature approve medical marijuana directly without voter approval.[9]

As of April 2021, 12 states that had legalized recreational marijuana did so through statewide ballot measures. In May 2014, Congress voted to halt federal prosecutions of medical marijuana users in states that have legalized the drug’s use with a doctor’s prescription.[10]

Marijuana measure approvals and defeats

2020

Marijuana measures on the ballot in 2020
StateMeasures
New JerseyNew Jersey Public Question 1: Marijuana Legalization Amendment Approveda
South DakotaSouth Dakota Constitutional Amendment A: Marijuana Legalization Initiative Approveda/Overturnedot
South DakotaSouth Dakota Initiated Measure 26: Medical Marijuana Initiative Approveda
ArizonaArizona Proposition 207: Marijuana Legalization Initiative Approveda
MontanaMontana CI-118: Allow for a Legal Age for Marijuana Amendment Approveda
MontanaMontana I-190: Marijuana Legalization Initiative Approveda
MississippiMississippi Initiative 65 and Alternative 65A: Medical Marijuana Amendment Overturnedot

2018

Marijuana measures on the ballot in 2018
StateMeasures
MissouriMissouri Amendment 2: Medical Marijuana and Veteran Healthcare Services Initiative Approveda
MissouriMissouri Amendment 3: Medical Marijuana and Biomedical Research and Drug Development Institute Initiative Defeatedd
MichiganMichigan Proposal 1, Marijuana Legalization Initiative Approveda
North DakotaNorth Dakota Measure 3, Marijuana Legalization and Automatic Expungement Initiative Defeatedd
OklahomaOklahoma State Question 788: Medical Marijuana Legalization Initiative Approveda
ColoradoColorado Amendment X, Definition of Industrial Hemp Amendmentent Approveda
UtahUtah Proposition 2: Medical Marijuana Initiative Repealed, altered, or partially repealed
MissouriMissouri Proposition C: Medical Marijuana and Veterans Healthcare Services, Education, Drug Treatment, and Public Safety Initiative Defeatedd

2016

Marijuana measures on the ballot in 2016
StateMeasures
FloridaFlorida Medical Marijuana Legalization, Amendment 2 Approveda
North DakotaNorth Dakota Medical Marijuana Legalization, Initiated Statutory Measure 5 Approveda
ArizonaArizona Marijuana Legalization, Proposition 205 Defeatedd
NevadaNevada Marijuana Legalization, Question 2 Approveda
MontanaMontana Medical Marijuana Initiative, I-182 Approveda
CaliforniaCalifornia Proposition 64, California Marijuana Legalization Approveda
MaineMaine Marijuana Legalization, Question 1 Approveda
MassachusettsMassachusetts Marijuana Legalization, Question 4 Approveda
ArkansasArkansas Medical Marijuana, Issue 6 Approveda

Pre-2016

The following chart is sortable by column and shows how many marijuana-related measures were approved and defeated in each of the years from 1972 through 2015.

Marijuana Ballot Measure Outcomes by Year
Year Measures on Ballot Measures Approved Measures Defeated Percentage Approved Percentage Defeated
1972 1 0 1 0% 100%
1986 1 0 1 0% 100%
1990 1[11] 1 0 100% 0%
1996 2 2 0 100% 0%
1997 1 0 1 0% 100%
1998 7 5 2 71% 29%
1999 1 1 0 100% 0%
2000 4 3 1 75% 25%
2002 5 1 4 25% 75%
2004 3 1 2 33% 66%
2006 3 0 3 0% 100%
2008 3 2 1 66% 33%
2009 1 1 0 100% 0%
2010 4 1 3 25% 75%
2012 6 4 2 66% 33%
2013 1 1 0 100% 0%
2014 4 2 2 50% 50%
2015 3 1 2 33.33% 66.67%

Criminalization of marijuana via the ballot

There had been one statewide instance of voters choosing to criminalize marijuana through a ballot measure. In 1990, voters in Alaska decided to make all marijuana possession illegal. Prior to the passage of the Alaska Marijuana Criminalization Initiative, adults over 18 were legally allowed to possess up to four ounces of marijuana in their homes and up to one ounce of marijuana in public. Eight years later, Alaskans ultimately decided to decriminalize medical marijuana, and in 2014, Alaska voters to legalize recreational marijuana as well.

Public opinion regarding marijuana

See also: Public opinion of marijuana laws in the United States

Gallup, a national polling firm, first began surveying Americans about legalizing marijuana use in 1969. At that time, only 12 percent of all adults supported legalization. Since then, support for legalization has increased significantly. In 2019, a majority of American adults—66 percent—supported legalization. The table below breaks down support for legalization by age bracket.[12][13]

Support for marijuana legalization by age bracket, 1969 to 2019 (selected years)
Year All adults 18 to 34 35 to 49 50 to 64 65 and older
2019 66% 81% 71% 62% 49%
2015 58% 71% 64% 58% 35%
2000/2001 33% 44% 34% 30% 17%
1985 23% 32% 22% 16% 13%
1969 12% 20% 11% 6% 4%
2019 source: Gallup.com, "U.S. Support for Legal Marijuana Steady in Past Year," October 23, 2019. Previous year data available here


Marijuana measures by year

Click a year below to see all marijuana-related ballot measures that appeared on the ballot in a given year.

1972

1986

1990

1996

1997

1998

1999

2000

2002

2004

2006

2008

2009

2010

2012

2013

2014

2015

2016

2018

2020

List of outcomes with vote totals

2020

2018

2016

2015

Pre-2015

The following chart is sortable by column, and shows pre-2015 marijuana-realted measures and their corresponding election results:

Marijuana on the Ballot from 1972-Present
Name of measure Year Outcome Yes total Yes % No total No %
California Marijuana Legalization, Proposition 19 1972 Defeatedd 2,733,120 33.50% 5,433,393 66.50%
Oregon Marijuana Legalization for Personal Use, Ballot Measure 5 1986 Defeatedd 279,479 26.33% 781,922 73.67%
Alaska Marijuana Criminalization Initiative 1990 Approveda 105,263 54.30% 88,644 45.70%
Arizona Use or Possession of Controlled Substances, Proposition 200 1996 Approveda 872,235 65.40% 461,332 34.60%
California Proposition 215, the Medical Marijuana Initiative 1996 Approveda 5,382,915 55.58% 4,301,960 44.42%
Washington Marijuana Decriminalization, Initiative 685 1997 Defeatedd 659,244 39.57% 1,006,964 60.43%
Alaska Medical Marijuana Act, Measure 8 1998 Approveda 131,586 58.70% 92,701 41.30%
Arizona Medical Use of Schedule 1 Drugs, Proposition 300 1998 Defeatedd 521,603 36.10% 922,462 63.90%
Arizona Probation Eligibility for Drug Offenses, Proposition 301 1998 Approveda 778,807 53.50% 675,941 46.50%
Nevada Medical Marijuana Act, Question 9 1998 Approveda 241,463 58.70% 170,234 41.30%
Oregon Marijuana Possession as a Class C Misdemeanor, Measure 57 1998 Defeatedd 371,967 33.54% 736,968 66.46%
Oregon Medical Marijuana, Measure 67 1998 Approveda 611,190 54.60% 508,263 45.40%
Washington Medical Marijuana, Initiative 692 1998 Approveda 1,121,851 58.97% 780,631 41.03%
Maine Medical Marijuana for Specific Illnesses, Question 2 1999 Approveda 256,387 61.41% 161,114 38.59%
Alaska Marijuana Decriminalization Initiative, Measure 5 2000 Defeatedd 114,321 40.90% 165,321 59.10%
California Proposition 36, Probation and Treatment for Drug-Related Offenses 2000 Approveda 6,233,422 60.90% 4,009,508 39.10%
Colorado Medical Use of Marijuana, Initiative 20 2000 Approveda 915,527 53.53% 786,983 46.47%
Nevada Medical Marijuana Act, Question 9 2000 Approveda 381,947 65.38% 202,211 34.62%
Arizona Marijuana Legalization, Proposition 203 2002 Defeatedd 504,607 42.70% 678,446 57.30%
Arizona Rules Governing Probation for Drug-Related Crimes, Proposition 302 2002 Approveda 803,354 69.80% 348,369 30.20%
Nevada Decriminalization of Marijuana Amendment, Question 9 2002 Defeatedd 196,371 39.13% 305,479 60.87%
Ohio Issue 1, Marijuana Treatment in Lieu of Incarceration 2002 Defeatedd 1,012,682 33.08% 2,048,770 66.92%
South Dakota Measure to Legalize Hemp 2002 Defeatedd 119,990 37.97% 196,060 62.03%
Alaska Legalize Marijuana Act, Measure 2 2004 Defeatedd 134,647 44.30% 169,608 55.70%
Montana Medical Marijuana Allowance, Measure I-148 2004 Approveda 276,042 61.80% 170,579 38.20%
Oregon Medical Marijuana Allowance Measure 33 2004 Defeatedd 764,015 42.80% 1,021,814 57.20%
Colorado Marijuana Possession, Initiative 44 2006 Defeatedd 636,938 41.08% 913,411 58.92%
Nevada Marijuana Initiative, Question 7 2006 Defeatedd 253,725 44.08% 321,913 55.92%
South Dakota Measure 4, Medical Marijuana 2006 Defeatedd 157,953 47.70% 173,178 52.30%
California Proposition 5, Non-Violent Drug Offenders 2008 Defeatedd 5,155,206 40.50% 7,566,783 59.50%
Massachusetts Sensible Marijuana Policy Initiative, Question 2 2008 Approveda 1,949,704 62.80% 1,038,523 33.50%
Michigan Medical Marijuana Initiative, Proposal 1 2008 Approveda 3,008,980 63.00% 1,792,870 37.00%
Maine Medical Marijuana Initiative, Question 5 2009 Approveda 294,176 58.61% 207,744 41.39%
Arizona Medical Marijuana Question, Proposition 203 2010 Approveda 841,348 50.10% 837,008 49.90%
California Proposition 19, the Marijuana Legalization Initiative 2010 Defeatedd 4,643,592 46.50% 5,333,230 53.50%
Oregon Regulated Medical Marijuana Supply System Act, Measure 74 2010 Defeatedd 627,016 44.21% 791,186 55.79%
South Dakota Medical Marijuana Act, Initiated Measure 13 2010 Defeatedd 115,667 36.69% 199,552 63.31%
Arkansas Medical Marijuana Question, Issue 5 2012 Defeatedd 507,757 48.56% 537,898 51.44%
Colorado Marijuana Legalization Initiative, Amendment 64 2012 Approveda 1,383,139 55.32% 1,116,894 44.68%
Massachusetts Medical Marijuana Initiative, Question 3 2012 Approveda 1,914,747 63.30% 1,108,904 36.70%
Montana Medical Marijuana Veto Referendum, IR-124 2012 Approveda 268,790 57.25% 200,730 42.75%
Oregon Cannabis Tax Act Initiative, Measure 80 2012 Defeatedd 810,538 46.58% 923,071 53.42%
Washington Marijuana Legalization and Regulation, Initiative 502 2012 Approveda 1,724,209 55.70% 1,371,235 44.30%
Colorado Proposition AA, Taxes on the Sale of Marijuana 2013 Approveda 902,181 65.27% 479,992 34.73%
Alaska Marijuana Legalization, Ballot Measure 2 2014 Approveda 149,021 53.23% 130,924 46.77%
Florida Right to Medical Marijuana Initiative, Amendment 2 2014 Defeatedd 3,370,761 57.62% 2,478,993 42.38%
Oregon Legalized Marijuana Initiative, Measure 91 2014 Approveda 847,865 56.11% 663,346 43.89%
Washington D.C. Marijuana Legalization, Initiative 71 2014 Approveda 115,050 70.06% 49,168 29.94%
Washington Elimination of Agricultural Tax Preferences for Marijuana, Advisory Vote No. 8 2014 Defeatedd 874,623 45.59% 1,043,881 54.41%

See also

Footnotes

  1. ↑ South Dakota's recreational marijuana measure was overturned by a circuit court ruling. The ruling was appealed and upheld by the state supreme court.
  2. ↑ This count excludes states that permitted both the use of cannabis oil and medical marijuana.
  3. ↑ CBD School, "CBD Laws by State 2020 - Just the Facts (is CBD legal in 2020?)," accessed February 28, 2020
  4. ↑ Idaho Office of Drug Policy, "Cannabidiol (CBD)," accessed February 28, 2020
  5. ↑ South Dakota Legislature official website, "2019 Senate Bill 22 - Enrolled," accessed February 28, 2020
  6. ↑ 6.0 6.1 Argus Leader, "Is CBD oil illegal? Confusion reigns over South Dakota's law," April 19, 2019
  7. ↑ South Dakota Attorney General official website, "Attorney General Ravnsborg clarifies questions regarding industrial hemp and CBD (Cannabidiol) oil," March 25, 2019
  8. ↑ Argus Leader, "Industrial hemp becomes legal in South Dakota after Noem signs bill," March 27, 2020
  9. ↑ ProCon.org, "21 Legal Medical Marijuana States and DC," accessed May 6, 2014
  10. ↑ Washington Times, "House votes to halt federal meddling in medical marijuana," May 30, 2014
  11. ↑ This measure was a measure to criminalize marijuana rather than to legalize or decriminalize it.
  12. ↑ Gallup.com, "U.S. Support for Legal Marijuana Steady in Past Year," October 23, 2019
  13. ↑ Gallup.com, "In U.S., 58% Back Legal Marijuana Use," October 21, 2015
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