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Cannabis on the Ballot: Analyzing 2024 Initiatives in Florida, Nebraska, South Dakota, and North Dakota

Frances Trousdale • September 17, 2024

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As the 2024 election season approaches, cannabis reform continues to be a pivotal issue on many ballots across the United States. In states like Florida, Nebraska, South Dakota, and North Dakota, voters will face decisions that could reshape the legal landscape for cannabis. Here’s a closer look at what each state has in store for cannabis legislation.


Florida: Expansion of Medical Cannabis


In Florida, the spotlight is on a proposed amendment to expand the state's medical cannabis program. Currently, Florida's medical cannabis laws are fairly robust, but proponents argue that the proposed changes will provide much-needed updates to improve patient access and care.


The 2024 ballot initiative aims to:

  1. Broaden Eligibility: Extend medical cannabis access to a wider range of conditions, including chronic pain and certain mental health disorders.
  2. Increase Access Points: Allow for more dispensaries and simplify the process for patients to obtain prescriptions.
  3. Reduce Costs: Lower the financial burden on patients by potentially eliminating certain fees and reducing the cost of medical cannabis.


Unfortunately, the proposed amendment for expanding the medical cannabis program in Florida does not include specific provisions for record clearance or resentencing related to past cannabis offenses.


Nebraska: Legalization of Recreational Cannabis


Nebraska is preparing to vote on a significant change with a proposed measure to legalize recreational cannabis. This is a notable shift for a state that has traditionally taken a conservative stance on drug policy.


Key aspects of the Nebraska proposal include:

  1. Legal Age and Possession Limits: Allow adults 21 and over to possess up to one ounce of cannabis and grow a limited number of plants for personal use.
  2. Taxation and Revenue: Implement a tax structure on cannabis sales that would generate revenue for state programs, such as education and infrastructure.
  3. Regulation and Licensing: Establish a regulatory framework for dispensaries and growers, ensuring product safety and responsible distribution.


Supporters of the measure believe it will bring economic benefits and reduce the burden on the criminal justice system. Importantly, Nebraska’s ballot initiative includes measures related to past cannabis offenses. The initiative provides a pathway for individuals with prior cannabis-related offenses to have their records expunged, particularly those involving minor possession charges. Unfortunately, the provision is petitioner-initiated and very narrow, but LPP is happy to see the state taking a step in the right direction. 


South Dakota: Medical Cannabis Expansion


South Dakota’s focus in the 2024 election is on expanding its medical cannabis program. South Dakota’s current medical cannabis law, passed in 2020, allows for medical use but has faced criticism for its restrictive nature and limited access.


The proposed amendment seeks to:

  1. Expand Qualifying Conditions: Broaden the list of medical conditions that qualify for cannabis use, making it accessible to more patients.
  2. Improve Patient Access: Increase the number of medical cannabis dispensaries and make it easier for patients to obtain medical cards.
  3. Enhance Patient Protections: Strengthen protections for medical cannabis users against discrimination and legal issues.


Unfortunately, South Dakota’s initiative does not address record clearance or resentencing for individuals with past cannabis offenses.


North Dakota: Recreational Cannabis Legalization


North Dakota is also considering a major shift with a proposed initiative to legalize recreational cannabis. 


The key elements of North Dakota’s proposal include:

  1. Legalization and Regulation: Permit adults 21 and over to legally possess and use cannabis, with regulations on sales, distribution, and quality control.
  2. Taxation and Revenue Allocation: Introduce a taxation scheme on cannabis sales, with revenue earmarked for public health, education, and infrastructure projects.
  3. Social Equity Programs: Include provisions for social equity programs aimed at helping communities disproportionately affected by previous cannabis laws.


LPP was thrilled to see that North Dakota’s legalization proposal addresses past cannabis offenses through both expungement and resentencing. The initiative proposes automatic expungement of certain cannabis-related convictions and resentencing for individuals currently serving time for offenses that would no longer be criminalized under the new law. This provision aims to rectify past injustices and ensure that individuals are not unfairly burdened by previous convictions.


Conclusion


The 2024 election is set to be a pivotal moment for cannabis legislation in Florida, Nebraska, South Dakota, and North Dakota. As these measures make their way to the ballot, the outcomes will likely influence cannabis policy not only in these states but also provide a broader signal of shifting attitudes toward cannabis across the nation. 


Unfortunately, nearly every proposal falls short in offering retroactive relief for individuals with past cannabis offenses, with Florida and South Dakota providing no relief and Nebraska offering only narrow record clearance relief. With this said, LPP was thrilled to see that North Dakota's initiative includes both automatic expungement and resentencing provisions, and we look forward to supporting the state in seeing these provisions through. 

LPP Recognizes Second Chance Month By Honoring Constituents and Fighting for Reentry Resources

By Stephen Post • April 1, 2025
In recognition of Second Chance Month, The Last Prisoner Project (LPP) reaffirms our commitment to ensuring that individuals impacted by the criminal legal system receive the support they need to successfully reenter society. At LPP, reentry is at the core of our mission—providing resources, advocacy, and direct financial assistance to those returning home after incarceration for cannabis-related offenses. We would like to honor the amazing advocates and lawmakers who tirelessly working to offer second chances to our constituents who have been experienced injustice due to the war on drugs. Through strategic policy efforts, LPP has contributed to the clearing or pardoning of over 200,000 cannabis-related records, including Governor Wes Moore’s historic clemency action in Maryland, which impacted more than 150,000 people. LPP is proud to support key pieces of upcoming legislation that could propel this movement forward like the Reentry Act of 2025, which would allow states to provide Medicaid coverage to incarcerated individuals 30 days before their release, ensuring they have access to critical healthcare services. Additionally, we endorse the reauthorization of the Second Chance Act, which has provided essential funding for reentry services nationwide since 2008. We are grateful for the efforts of groups like Just Leadership USA and the Council for State Governments for leading advocacy on these bills. LPP's Executive Director, Sarah Gersten said, “At Last Prisoner Project, we believe that no one should be denied a second chance—especially those who were unjustly criminalized for cannabis. True justice means not just release, but real opportunities to rebuild. We call on lawmakers, businesses, and communities to join us in ensuring that every person impacted by cannabis prohibition has the resources and support they need to thrive.” In 2024 alone, LPP provided over $340,000 in reentry grants, contributing to over $3.5 million in direct financial assistance distributed since 2019. These funds play a critical role in easing the transition for those leaving incarceration, helping them cover essential expenses as they rebuild their lives. LPP has also assisted over 400 constituents directly through legal and constituent service programs, helping to eliminate more than 300 years of excessive sentences. Behind these numbers are real people—like Richard Delisi, Michael Thompson, and Kyle Page—who have turned their experiences into platforms for advocacy and entrepreneurship. The Michael Thompson Clemency Project continues to push for justice for those still incarcerated. Entrepreneurs like Kyle Page, Mario Ramos, Donte West, and Alicia Deals are building businesses that create opportunities for others affected by cannabis criminalization. Leaders like Stephanie Shepard, LPP’s Director of Advocacy, use their platforms to fight for lasting policy change. This Second Chance Month, we celebrate the resilience of our constituents and reaffirm our commitment to ensuring that every person impacted by cannabis prohibition has the opportunity to rebuild and thrive. Join us in advocating for policies like the Reentry Act of 2025 and the Second Chance Act reauthorization to create real pathways to justice and opportunity. By joining forces and advocating for meaningful change, we can pave the way for a society where everyone benefits from the opportunities and benefits of legal cannabis without fear of discrimination or injustice. Together, we can create a brighter future for all. Donate here to help support second chances for our constituents.

HB 132 to Expedite Cannabis Expungement in Hawai'i Passes Senate and Heads to Governor Green

By Adrian Rocha • March 31, 2025
At the Last Prisoner Project (LPP), we believe that no one should remain behind bars or face the lifelong burden of a criminal record for cannabis-related offenses. That is why we have been working since 2021 to ensure that retroactive relief is provided for individuals in Hawai’i who have been criminalized by outdated cannabis prohibition laws. And this week, we got one step closer to justice. Last year, we helped write HB 1595 (now Act 62), which created a pilot project for state-initiated expungement of non-conviction marijuana possession records on Hawai‘i Island and identified over 2,200 records for relief in Hawai’i. Now, HB 132—which just passed the legislature last week—would help speed up their expungement if signed by the Governor. Unlike traditional expungement processes, which require individuals to apply and pay fees, this project shifts the burden to the state, ensuring that those eligible for relief receive it without unnecessary barriers. After just one month of implementation, the pilot project identified 2,268 records potentially eligible for expungement. As of December 13, 2024, the Hawai‘i Criminal Justice Data Center (HCJDC) had reviewed 640 of those cases, leading to 81 expungements, 112 cases pending expungement, and 33 denials, with 414 cases still under review. These numbers demonstrate both the necessity and the challenges of state-initiated expungement, particularly in cases where arrest records lack clear substance classification. While Act 62 was a major step forward, a technical issue in the Hawai‘i Criminal Justice Information System (CJIS) has made implementation far more burdensome than anticipated. Currently, the system does not consistently specify whether a charge under section 712-1249, Hawai‘i Revised Statutes (HRS), was for marijuana or another Schedule V substance. This lack of detail forces HCJDC staff to manually search through arrest and court records, significantly slowing the process. House Bill 132 (HB 132) seeks to resolve this issue with a simple but impactful amendment, making it easier for the state to verify eligibility for expungement. If passed, HB 132 will eliminate the need for extensive manual searches and ensure that more people receive the relief they deserve without unnecessary delays. Expunging non-conviction cannabis-related arrest records is not just about clearing data from government databases—it’s about removing barriers to employment, housing, and other opportunities that so many individuals struggle with due to the collateral consequences of their records. The pilot project and HB 132 are part of a broader movement towards automatic expungement. Twelve other states have already implemented some form of state-initiated expungement, recognizing that justice should not come with a price tag or bureaucratic hurdles. As a member of the Hawaiian Clean Slate Expungement Task Force , LPP will continue to explore expanding eligibility to include conviction records, and HB 132 will serve as an important foundation for further progress. "We are grateful to the Hawai‘i Legislature for recognizing the urgency of this issue and urge Governor Green to swiftly sign HB 132 into law. Together, we are making real progress in dismantling the harmful legacy of cannabis prohibition.,” said Adrian Rocha, LPP's Director of Policy. "We also extend our appreciation to Representatives Tarnas, Belatti, Grandinetti, Iwamoto, Kapela, Kusch, Lee, Marten, Perruso Poepoe, and Matayoshi for their support, the Hawai‘i Criminal Justice Data Center, the Attorney General’s office, the ACLU Hawai’i, Health Harm Reduction, Drug Policy Forum of Hawai'i, Doctors for Drug Policy Reform, Hawai'i Chamber of Sustainable Commerce, Council for Native Hawaiian Advancement, Hawaii Cannabis Industry Solutions, Marijuana Policy Project, and all stakeholders who have worked to ensure the success of this initiative." Let’s ensure that Hawai‘i remains at the forefront of meaningful cannabis justice reform. Tell Governor Green to sign HB 132.

VA Governor Youngkin Vetoes Cannabis Resentencing Bill That Would Have Freed Thousands, But Approves Cannabis Record Relief

By Stephen Post • March 25, 2025
It is with a heavy heart that we share the news that Governor Youngkin has once again vetoed a critical cannabis justice bill. Despite overwhelming support from Virginia’s General Assembly, the governor has chosen to deny relief to thousands of individuals who remain incarcerated or under state supervision for cannabis-related offenses—convictions tied to laws that have since changed. Last year, Youngkin vetoed a similar bill designed by Last Prisoner Project (LPP), denying potential freedom to more than 1,844 people. This year, the legislature advanced two key bills aimed at providing relief. HB 2555 would have created a sentence modification process for individuals still impacted by outdated cannabis laws. Instead of signing this measure into law, Youngkin has once again chosen to uphold the injustices of the past. Luckily, the other bill, SB 1466, which will streamline state-initiated expungements for cannabis offenses, sealing ancillary records such as probation violations and failures to appear related to past cannabis charges, was approved by Gov. Youngkin, but will be sent back to the legislature with amendments. The Commonwealth should be concerned that the Governor admits cannabis is both the cause of and contribution to thousands of individual's criminal sentences but it is unwilling to adopt a solution to prioritize relief while preserving a commitment to public safety by vesting oversight throughout the process. The governor's office ultimately approved record relief for certain cannabis convictions, but for those behind bars, this administration has once again failed to deliver lasting change. LPP has been at the forefront of the fight for justice in Virginia. Our Director of Policy, Adrian Rocha, provided testimony in support of these bills, underscoring the urgent need to right the wrongs of cannabis prohibition. Additionally, LPP's Director of Advocacy, Stephanie Shepard, who herself served time for a cannabis offense, penned a powerful op-ed in Virginia emphasizing the necessity of these reforms and the human toll of continued incarceration. Virginia ended cannabis prohibition in 2021, yet many remain incarcerated for offenses that are no longer crimes. The Virginia Department of Corrections reports an average annual cost of $33,994 per incarcerated individual, while Virginia has generated over $8 million in tax revenue from medical marijuana as of 2023. HB 2555 was a crucial step toward justice—one the Governor has now denied. The governor’s decision ignores the will of the people and the reality that cannabis reform is not only necessary but overwhelmingly popular. Polling shows that 84% of registered voters support releasing individuals incarcerated for offenses that are no longer illegal. With each veto, Youngkin chooses to leave families separated and lives needlessly disrupted, all while Virginia’s legal cannabis industry continues to grow and generate revenue. We want to extend our deepest gratitude to the advocates and organizations who have fought tirelessly for justice, including Marijuana Justice Virginia, Nolef Turns, the Virginia NAACP, NORML, the Virginia Student Power Network, The New Majority Virginia, and Rise for Youth. While this veto is a setback, it is not the end. The fight for cannabis justice continues, and LPP remains committed to ensuring that no one is left behind. We will not stop until every cannabis prisoner is free.
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