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Here’s Where Legal Drugs Are on the Ballot

A demonstrator smokes a joint during a demonstration demanding the legalization of marijuana in Brazil, on June 11, 2022.

Five U.S. states could legalize recreational weed and another state could legalize psychedelics after Tuesday’s midterms, which would make cannabis legal in about half the country.

Adult-use cannabis is on the ballot in Missouri, Maryland, North Dakota, South Dakota, and Arkansas. All five states currently have medical cannabis, and if they go recreational, they’ll join another 19 states and Washington, D.C.

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The votes, mostly in states that skew Republican, come a month after President Joe Biden announced he was pardoning everyone federally convicted of simple cannabis possession. The White House said the measure impacted around 6,500 people, though no one is currently in federal jail just for simple weed possession. 

Missouri’s Amendment 3 would legalize possession of up to 3 ounces of weed and expunge the records of people convicted of certain nonviolent weed crimes. But violations of the new rules would still face civil penalties, including $100 for smoking up in public. There’s also controversy over the sales regime, which some pro-legalization advocates fear would cut out smaller players by only offering them microbusiness licenses. 

Maryland’s Question 4 would legalize an ounce and a half of weed for adults 21 and older starting next July. A Washington Post-University of Maryland poll conducted in late September found that 73 percent of participants favored legalizing recreational weed. 

North Dakota’s Measure 2 would legalize possession of up to an ounce of weed for adults and grow up to three plants at home. The state would also grant sales licenses to 18 businesses. 

South Dakota’s Measure 27 would legalize possession of an ounce of weed and up to three cannabis plants per person at home in places with no retail stores; the initiative doesn’t outline a framework for sales. 

In Arkansas, Issue 4 would amend the state constitution to allow the possession, use, and sale of weed through licensed dispensaries. People aged 21 and over would be allowed to possess an ounce of weed. The state’s legalization measure would set aside 15 percent of tax revenue for police. 

Colorado, which legalized recreational weed a decade ago, may become the second state to legalize psychedelics if residents vote to create the Natural Medicine Health Act. 

The measure would allow for magic mushroom treatments at psilocybin healing centers and would legalize growing, possessing, and using shrooms. It would also decriminalize mescaline (a hallucinogen that comes from a variety of cacti), ibogaine (a psychoactive drug that comes from the central African shrub iboga and is used as an experimental addiction treatment), and DMT (the active ingredient in ayahuasca). 

In 2020, Oregon became the first state to legalize shrooms for adults, through therapeutic centers that are set to open next year. Similarly, under Colorado’s initiative, adults wouldn’t be able to simply buy shrooms and take them home. 

However, on Tuesday dozens of cities and counties in Oregon will decide if they want to opt-out of the state’s psilocybin treatment centers. 

Follow Manisha Krishnan on Twitter.