Recreational weed legal in 21 US states after Maryland, Missouri votes

Five states decided whether or not to legalize recreational marijuana in Tuesday's midterm elections.

Voters in Maryland and Missouri approved legalizing recreational marijuana for people 21 and over.

Arkansas, North Dakota and South Dakota rejected legalization proposals.

Legalizing recreational marijuana was on ballots in a handful of states for Tuesday's midterm elections.

Before Tuesday, 19 states, the District of Columbia and two other U.S. territories had legalized recreational marijuana in some form. Now, Maryland and Missouri can join that list – as amendments to approve recreational use, as well as bring some changes in criminal law, were passed Tuesday.

Meanwhile, Arkansas, North Dakota and South Dakota voters rejected their states' legalization proposals, according to Associated Press counts.

"A growing number of voters recognize that cannabis policy reform is in the best interest of public health and safety, criminal justice reform, social equity, and personal freedom," Toi Hutchinson, president and CEO of the Marijuana Policy Project, said in a statement sent to The Associated Press. "State-level legalization victories are what’s necessary to move the needle forward at the federal level."

Though not all recreational legalization efforts were successful Tuesday, medical marijuana use is already legal in all five of those states.

Here's what you need to know.

Key midterm ballot measures:Missouri legalizes weed, Kentucky rejects anti-abortion amendment

In what states is weed legal? Here is the full list

Arkansas marijuana legalization election results: Rejected

Voters in Arkansas rejected marijuana legalization in the state Tuesday. The proposed amendment would have allowed state-licensed dispensaries to sell recreational marijuana – in addition to legalizing possession of up to an ounce of cannabis for people 21 and older.

Medical marijuana is legal Arkansas, which in 2016 became the first Bible Belt state to approve medical use. Opponents of this year's measure to legalize recreational marijuana applauded Tuesday's results, while advocates said they would continue to push for change.

Midterm election results:See results in Arkansas

Maryland marijuana legalization election results: Approved

On Tuesday, Maryland voters approved a constitutional amendment allowing people over 21 to possess and consume marijuana recreationally starting in July 2023.

In additional to making recreational marijuana legal, the measure also brings changes in criminal law – including future opportunities for people jailed for or convicted of cannabis possession to apply for resentencing or expungements. Automatic expungements for select cases will arrive in 2024.

Midterm election results:See results in Maryland

Missouri marijuana legalization election results: Approved

Missouri also legalized recreational marijuana with Tuesday's midterms. The now-passed constitutional amendment will approve recreational cannabis use for people 21 and older. Sales are expected to start in the state as soon as next year.

Similar to Maryland's law, Missouri's measure will expunge past arrest and conviction records for nonviolent marijuana-related offenses – with the exception of those who sold to minors or drove under the influence.

Midterm election results:See results in Missouri

North Dakota recreational marijuana election results: Rejected

Voters in North Dakota on Tuesday rejected a proposed amendment to the state constitution to legalize recreational marijuana.

The measure would have allowed people over 21 to use marijuana at home – in addition to legalizing the possession and cultivation for restricted amounts of cannabis. Policies to regulate cultivators and retail and other marijuana businesses would have also been established.

Midterm election results:See results in North Dakota

South Dakota recreational marijuana election results: Rejected

South Dakota voters also rejected legalizing recreational marijuana on their Tuesday ballots. The amendment would have legalized recreational use for people 21 and older – two years after similar legislation failed.

In 2020, South Dakotans across party lines voted to legalize recreational marijuana – but the law was struck down by the state Supreme Court, partially because hemp and medical marijuana were included a single amendment (violating a "single-subject" rule passed by voters in 2018). Medical marijuana still became legal under Initiated Measure 26, but recreational use remained illegal in the state.

Midterm election results:See results in South Dakota

Contributing: The Associated Press; Trent Abrego, Sioux Falls Argus Leader

Arizona voters reject Proposition 205 on night of sweeping change ...

Yvonne Wingett Sanchez, and Alden Woods

The Republic | azcentral.com

As 50 million people woke up Wednesday in states where voters had just legalized marijuana, supporters of Arizona's Proposition 205 were hit with a post-election buzzkill: It appeared the state's recreational marijuana initiative had failed.

For the second time in state history, voters rejected a ballot measure that would have legalized recreational marijuana. An initiative to make small amounts of pot legal failed in 2002, but now, with a softening of public attitudes towards the drug, many saw this as marijuana's year.

Fifty-seven percent of Americans supported legalizing the drug, according to a Pew survey. In California, Massachusetts and Nevada, similar ballot measures passed easily. Maine’s vote was close, but appeared headed for approval late Wednesday. Four other states – Florida, Arkansas, North Dakota and Montana – passed medical-marijuana measures.

But Arizona's measure lagged far behind: Prop. 205 was the only marijuana-related ballot measure in the nation poised to fail.

If the voting trends hold, the state's legal marijuana program will remain medicinal only. Arizona voters approved medical marijuana in 2010, and that measure won by about 4,000 votes. About 100,000 people have recommendations from physicians to use cannabis.

Legal marijuana is one thing many Americans agreed on Tuesday night

Just over 52 percent of Arizona voters opposed Prop. 205, although an official count of votes likely will not be known for several days. But with 99.86 percent of ballots counted by Wednesday evening, "No" led by more than 82,000 votes.

Republican strategist Bert Coleman said opponents of marijuana sowed enough doubt in voters' minds to deliver a fatal blow. He said the campaign's ads that highlighted anecdotes from Colorado officials about how, in their minds, legalization was built on empty promises, were effective.

"I think that ad did it," said Coleman. "When people start seeing, 'Hey, we were promised this and didn't get that,' there's a tendency to just vote no. In Arizona, if you don't start out with a 60 percent 'Yes' on an initiative, chances are, you're going to lose -- you automatically go in with a suspecting electorate."

AZCENTRALSURVEY: Take our survey about the 2016 election

The Associated Press called the race late Tuesday. On Wednesday, the No on 205 campaign chair, Yavapai County Attorney Sheila Polk, said in a statement the defeat represented a victory for "the children and grandchildren in our state. This initiative was bankrolled by marijuana special interests who sought to profit from its passage."

The Yes on 205 campaign did not concede the race. In a statement spokesman Barrett Marson acknowledged it would be difficult to win: "It's a tough hill to climb but with 600,000 votes statewide left to count we will wait for further results," he wrote in an email.

The measure was backed by the Washington, D.C.-based Maricopa Policy Project, which has been at the forefront of pot legalization efforts across the nation.

Prop. 205 would have allowed adults 21 or older to possess up to one ounce of marijuana and use it in private spaces, as well as establishing a system of licensed dispensaries where marijuana could be sold and taxed. The act would not have allowed marijuana use in public or by minors.

Tax revenue from marijuana sales would have been used to fund licensing and regulation operations, with excess revenue going to education and substance-abuse programs.

The campaigns supporting and opposing Prop. 205 each spent more than $5 million in advertising, messaging and get-out-the-vote efforts.

The Yes on 205 campaign asked voters to picture a state where money and power had been taken from drug cartels. It promised more money for Arizona schools, an end to the country’s war on drugs and a less-strained criminal justice system. Supporters hoped the pitch for more money for schools would resonate with enough voters — particularly parents — who may have struggled with legalizing cannabis but saw the need for more money.

"Smoke pot to make schools better isn't exactly a believable message," GOP consultant Max Fose said. He pointed out early results show that not enough Democrats turned out to cast votes for the measure.

No on 205, backed by Gov. Doug Ducey and business executives, warned of lethargic employees, impaired drivers and a spike in drug use among children. Commercials on TV repeated the possibility of children accidentally finding pot-infused edibles.

Adam Deguire, the No on 205 campaign consultant, and J.P. Twist, a Republican consultant for Ducey who advised the campaign on messaging and fundraising, said the early results reflected the doubts voters had about the promise of more money for schools. They said voters also listened to the parade of Colorado officials who shared their stories in Arizona about the impact pot legalization had on roadways, in schools and neighborhoods.

The consultants said the No on 205 campaign, aided by Colorado school officials, city officials and law enforcement officials, also delivered a compelling message to Arizona voters: It would be difficult to alter the measure if voters approved it because it would be voter-protected and could not be changed unless the alterations furthered the intent of the law.

Both credited Ducey's fundraising from the business community spreading the No on 205 message. The No on 205 campaign raised more than $6 million.

"There's a large number of people who may be sympathetic to legalization but looked at 205 and said, 'If you're going to do this, this isn't the way to do it' — the state and state officials need to have flexibility to adapt in a post-marijuana world," Twist said. "The most compelling story was the Colorado story, and we needed these third-party validators ... to share that message."

Deguire said early Wednesday morning, “ultimately, people did not believe money would go into the classrooms."

Both campaigns blitzed voters with back-to-back campaign ads that created a confusing vortex of claims and figures.

Marijuana Policy Project Communications Director Mason Tvert said the opposition campaign "spent more money than almost all of the other opposition campaigns combined" in other states.

"They spent a massive amount of money on the most deceptive ad campaigns that we've ever seen," he said. "But that's how it goes. They were unabashed in their willingness to convey misinformation, even when being corrected by media outlets, government officials and hard documents."

Tvert was referring in part to claims by the No on 205 side about the amount of money that was generated for schools in Colorado. The campaign suggested schools didn't get the money they were promised. Colorado officials sent a letter to the campaign asking them to stop airing the "misleading" ads and pointing to Colorado records that document the amount of tax revenue that has been generated to benefit schools.

"In Arizona, they literally claimed that tax dollars that were raised were not raised — they denied the existence of matter," he said. Even if the measure goes down, he said the Yes on 205 had a strong showing.

"Nearly half of Arizonans were not fooled by their misinformation," he said.

In the weeks leading up to the election, conflicting polls suggested pot proponents had a healthy advantage, or that the race would be close. As Election Day neared, officials from both sides of the campaign told the newspaper the outcome of the election could hinge on a few thousand votes.

The measure failed in 13 of the state’s 15 counties. Only voters in Coconino and Pima counties were supporting the measure as of Friday night.

The measure failed by 31,000 votes in Maricopa County and by 50,000 votes everywhere else. Among early ballots cast outside Maricopa County, the measure garnered 46 percent support, which was lower than its nearly 48 percent support overall.

As voters reject Prop. 205, marijuana in Arizona to remain prescription-only

Prop. 205's early results were disappointing for campaign funders like Dustin Johnson of Monarch, a medical-marijuana dispensary operator in Scottsdale.

"We had a great opportunity to create a lot of social change," he said of the measure. "We're disappointed that Arizona didn't feel the same way. I was expecting a little bit more of a horse-race."

More than 67 million Americans now live in states where marijuana is legal for recreational use, and 21 other states have decriminalized possession of marijuana.

With legalization pressing across the country, opponents of Prop. 205 were cautious in their celebrations. They defeated recreational marijuana in 2002 and again in 2016, but would almost certainly have to face the possibility again.

Supporters were certain of that: a legalization initiative for the next election has already been drafted. Worried Prop. 205 would fail, supporters started writing a more comprehensive plan two months ago.

Recreational marijuana legalization is on the ballot in these states ...

Washington CNN —

Marijuana legalization is on the ballot in Arkansas, Maryland, Missouri, North Dakota and South Dakota on Tuesday, a reflection of the growing momentum nationwide to lift penalties once associated with the drug.

If approved, the states would join the 19 (along with Washington, DC) where recreational use is currently legal. Thirty-seven states, three territories and the District of Columbia allow the medical use of marijuana products, according to the National Conference of State Legislatures.

Medical marijuana is currently legal in each of the five states that are voting on recreational use in this midterm election.

Arkansas

A constitutional amendment known as Issue 4 would allow cannabis possession and consumption by adults as well as the sale by licensed facilities. It would allow cannabis possession of up to an ounce and some tax revenue would contribute to funding law enforcement.

Melissa Fults, a board member of the Arkansas chapter for the National Organization for the Reform of Marijuana Laws, known as NORML, has expressed dismay about the proposed amendment because she says it would create a “huge monopoly” for Arkansas’ cultivators and retailers. The initiative would create 12 additional cultivation facility licenses and a lottery for 40 additional adult-use dispensary licenses to join the 80 that will be given to existing medical dispensaries.

She also criticized the lack of an avenue for people who have been convicted of marijuana offenses to expunge their criminal record.

“It was written by the cultivators, paid for by the cultivators and only benefits the cultivators. It will hurt patients, consumers and Arkansans,” Fults told CNN. “If passed, it will be the WORST and most expensive marijuana program in the nation.”

The Family Council Action Committee, which is typically on the opposite side of NORML when it comes to relaxing marijuana laws, also voiced concerns over proposed regulation.

“If Issue 4 passes, Arkansas will have one of the least regulated cannabis industries in America,” Jerry Cox, the executive director of The Family Council Action Committee, told CNN. “State and local officials will be powerless to restrict marijuana or raise taxes on it. A handful of businesses and bureaucrats will control marijuana in Arkansas. That is a recipe for disaster.”

If passed, the legalization would go into effect on March 8, 2023.

Maryland

A proposed constitutional amendment in Maryland, Question 4, will give voters the chance to legalize recreational marijuana for people age 21 and up. If passed, it would go into effect on July 1, 2023, and allow possession of 1.5 ounces or two plants.

It would also allow those previously convicted of cannabis possession and intent to distribute to apply for record expungement.

“For decades, overly restrictive cannabis laws have been a pipeline to prison that have disproportionately impacted people of color. Legalizing recreational cannabis in Maryland puts us on a path to reform our outdated drug laws and create more equity in our justice system,” Maryland House Speaker Adrienne Jones, a Democrat, told CNN. “Our views and research on cannabis have changed; federal laws have changed. It’s time for our policies to do the same.”

Possession of small amounts of marijuana is already decriminalized in Maryland.

Missouri

A proposed constitutional amendment in Missouri will give voters the option to end prohibitions on marijuana in the state and allow personal use for those over the age of 21.

It would allow for personal possession up to three ounces.

The amendment would also allow individuals with marijuana-related non-violent offenses to petition for release from prison or parole and probation and have their records expunged. The amendment prohibits marijuana facilities from selling cannabis-infused products shaped or packaged as candy that may be attractive to children.

Amendment 3 would also impose a 6% tax on the retail price of recreational marijuana. The amendment language says it will not permit marijuana use while operating a motor vehicle or “undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice.”

If passed, it would be enacted 30 days after the election.

North Dakota

A citizen-initiated ballot measure in North Dakota would allow the use of marijuana in “various forms” for those who are at least 21 years old if passed.

The petition also states that all cannabis will be tested in a facility “for the potency of products and the presence of pesticides” and that cannabis businesses will be subject to random inspection.

It would allow cannabis possession of up to one ounce.

North Dakota voters previously rejected a ballot measure in 2018 that aimed to fully legalize marijuana.

If passed, it would become law 30 days after the election.

South Dakota

Marijuana legalization is back on ballots in South Dakota after state courts nullified the results of the 2020 legalization ballot measure.

Measure 27 would legalize marijuana possession, use and distribution, according to the ballot measure. If passed, marijuana possession of up to an ounce would be legal. It also would legalize possession of marijuana paraphernalia.

South Dakota Gov. Kristi Noem, a Republican whose office championed the nullification process previously on the basis of constitutionality, has indicated to CNN that if Measure 27 is passed again she would implement it.

If passed, it would be enacted on July 1, 2023.

A federal push for decriminalization

Marijuana is illegal under federal law, even as individual states have moved toward legal use for recreational and medical purposes.

But in October, the Biden administration announced that President Joe Biden pardoned all people convicted of federal marijuana possession through executive action.

“No one should be in jail just for using or possessing marijuana,” Biden said at the time while encouraging governors to take similar steps to pardon state simple marijuana possession charges.

Biden also tasked the Department of Health and Human Services and Attorney General Merrick Garland to “expeditiously” review how marijuana is scheduled under federal law, the first step toward potentially easing its federal classification.

Under the 1970 Controlled Substances Act, marijuana is listed on Schedule 1, with drugs like heroin and LSD, meaning it has “no currently accepted medical use and a high potential for abuse.” But in recent years, its medicinal benefits have become more acknowledged.

Marijuana legalization on the ballot in these states: Here's what ...

Washington CNN —

Ballot measures to legalize recreational marijuana use will fail in three states and pass in two, CNN projects, as momentum has grown nationwide to push for lifting penalties once associated with cannabis.

Here’s what voters decided in Arkansas, Maryland, Missouri, North Dakota and South Dakota on Tuesday:

Arkansas

Arkansas voters on Tuesday will reject a constitutional amendment that would have allowed cannabis possession and recreational consumption by adults as well as the sale by licensed facilities, CNN projects. Had it passed, cannabis possession of up to an ounce would have been legal and some tax revenue from marijuana sales would have contributed to funding law enforcement.

Maryland

Maryland voters on Tuesday will approve a constitutional amendment that legalizes recreational marijuana for people 21 and older. It will go into effect on July 1, 2023, and allow possession of 1.5 ounces or two plants. Possession of small amounts of marijuana was already decriminalized in Maryland. Under the amendment, those previously convicted of cannabis possession and intent to distribute will be able to apply for record expungement.

Missouri

Missouri voters will approve a proposed measure to end prohibitions on marijuana in the state and allow personal use for those over the age of 21, CNN projects.

It will allow for personal possession up to three ounces and allow individuals with marijuana-related non-violent offenses to petition for release from prison or parole and probation and have their records expunged.

North Dakota

A citizen-initiated ballot measure that aimed at allowing the use of marijuana in “various forms” for those who are at least 21 years-old will be rejected by North Dakota voters, CNN projects. It would have allowed marijuana possession of up to an ounce and all marijuana to be tested in a facility “for the potency of products and the presence of pesticides” and subject to random inspection.

South Dakota

South Dakotans will vote down a measure to legalize cannabis in the state, CNN projects. Legalization for recreational marijuana use had passed in South Dakota in 2020, but the results were nullified by state courts.

According to the proposed 2022 ballot measure, marijuana possession of up to an ounce would have been legal. It also would have legalized possession of marijuana paraphernalia, use and distribution.

As voters reject Prop. 205, marijuana in Arizona to remain ...

Yvonne Wingett Sanchez

The Republic | azcentral.com

Prop. 205 would regulate marijuana for recreational use

Arizona voters narrowly approved marijuana for medical use in 2010

Arizona's ballot measure to legalize marijuana trailed in early election results, and final unofficial tallies showed voters saying "no" to Proposition 205.

The race — which pitted business interests against the legal medical-marijuana industry backed by a pro-legalization group, the Washington, D.C.-based Marijuana Policy Project — echoed the 2010 effort to legalize medical marijuana, which narrowly prevailed. The tally of complete results was likely to take several days.

Republicans gathered at a downtown Phoenix hotel cheered the early results that showed Proposition 205 down.

Some said they voted against it because they don’t want stoned drivers on Arizona roadways. Others said they thought the measure was poorly written, saying it provided contradictory language on impaired driving. Prop. 205 says driving a car, boat or other vehicle while impaired by marijuana would remain illegal. But foes of the measure point to other language in the measure that says the state could not punish someone “for an action taken while under the influence of marijuana … solely because of the presence of metabolites or components of marijuana in the person’s body or in the urine, blood, saliva, hair or other tissue or fluid of the person’s body.”

Others said they didn’t like how marijuana legalization has played out in Colorado, which legalized the drug in 2012.

ELECTION RESULTS: Vote tallies from top Arizona races, including Maricopa County

Wynona Meurer, 74, learned of Prop. 205’s early results shortly after 8 p.m. She was among those who voted against the measure.

“Marijuana rots your brain,” the Tempe Republican said. “I love it. It’s a miracle of God. The Christians voted the right way on this.”

Many of the No on 205 campaign staffers spent much of the night holed up in a war room crunching numbers, although top-level campaign staffers made appearances at the state GOP election night watch party.

After the Associated Press called the race, Adam Deguire of the anti-legalization campaign, told The Arizona Republic around 1:15 a.m. that voters “saw through an initiative drafted by marijuana special-interests.”

Deguire added: “The defeat of Prop. 205 helps to secure a safe and prosperous future for Arizona for many years to come. Tonight’s defeat shows Arizonans will not risk letting out-of-state interests buy the ballot box to drastically change our state.”

He said the campaign’s most effective messaging was sharing how Colorado was impacted by marijuana legalization on several fronts: public safety, youth use and public funding of education from tax revenues.

Barrett Marson, a spokesman for the pro-legalization campaign, did not immediately respond to the newspaper’s request to comment. Earlier in the night, he said the campaign had a shot at closing the gap.

Arizona appeared to be the only state to reject recreational marijuana of the five states that were considering it at the ballot box on Tuesday.

AZCENTRAL SURVEY: Take our survey about the 2016 election

The party at Crescent Ballroom for the Yes on 205 campaign waned from its estimated 250 to 300 attendees after 11 p.m. Supporters cleared out around midnight as the polls showed both campaigns within 4 percentage points of each other.

Of the three large projection screens onstage, one showed running poll numbers of marijuana-related measures in other states.

Jason Chacon, 41, said that as polling remained close, he would be counting on younger voters to come through with their votes in support of the measure.

“There’s still a chance it’s going to be decided by a few thousand votes,” he said. “Keep hope alive.”

What is Prop. 205?

Prop. 205 asked Arizona voters to legalize cannabis for recreational use and establish licensed outlets where sales of the drug would be taxed, similar to the system in Colorado. Marijuana is illegal under federal law, but the Regulation and Taxation of Marijuana Act would allow people 21 and older in Arizona to possess up to 1 ounce of marijuana, carry it, grow it in their homes and give it away.

The measure would not allow marijuana use in public, and some violations of the act would be a petty offense.

What would happen

If Prop. 205 were to have passed, adults could have started legally possessing marijuana as soon as election results become official, according to the campaigns for and against the measure. Retail sales could have started in March 2018 and the program would have been regulated by a new Department of Marijuana Licenses and Control. Current medical-marijuana dispensaries would have gotten the first shot at a recreational pot license, which will at first be limited to 147.

Tax revenue from sales would first have funded regulation of the program, and excess funds would then have gone toward education and substance-abuse programs.

Using information from a federal survey on drug use, one analysis estimated 588,000 Arizonans 21 and older used marijuana in 2013. About 100,000 Arizonans are allowed to use cannabis for medical reasons.

Public attitudes have been softening nationally toward legalizing marijuana, driven in large part by young voters. Arizona was one of five U.S. states weighing ballot measures this election that would legalize recreational marijuana. Other states voted on medical marijuana, including Florida, considered a crucial state in the presidential race. Florida's marijuana measure appeared headed toward easy passage Tuesday night.

To legalize or not to legalize?

Arizona voters appeared to be cautious about how to move forward.

That could be due, in part, to the dueling messages and millions of dollars spent to blitz the airwaves with TV and digital ads, political experts said.

The measure started out ahead, earlier polls showed.

"Public attitudes on the subject of marijuana are moving in a pro-legalization direction ... and some of that has the character of gay marriage," pollster Mike O'Neil said. "A few states do it, and then it's not so unthinkable and that's sort of what the public chorus is here."

O'Neil said the No on Prop. 205's "really big negative campaign" that introduced information about how pot legalization played out in Colorado — even if the messages were false or misleading — appeared to resonate with voters.

The Yes on 205 pitch throughout the campaign was that legal marijuana would take money from the "hands of cartels," benefiting the state and schools. One aspect of the nation's failed war on drugs would end, campaign officials argued, and marijuana users would no longer be run through the criminal-justice system.

The Campaign to Regulate Marijuana Like Alcohol spent more than $5 million to push for legalization in Arizona, largely from the marijuana and marijuana-related industry. The Marijuana Policy Project and its related foundation are the campaign's primary funder, as well as owners of various medical-marijuana dispensaries and marijuana-related businesses. On Tuesday, one medical pot dispensary was offering a free joint with a purchase for cardholders who presented "I voted today" stickers.

The other side, Arizonans for Responsible Drug Policy, warned voters of a pot-scented apocalypse that would leave employers short-handed, emergency rooms stacked with overdosed patients, and motorists injured by drugged drivers. In their TV ads, they warned that children could accidentally eat pot-infused candies, and that legalization could set kids on a path to harder drugs.

In the final days of the campaign, Colorado lawmakers asked the No on Prop 205 campaign to yank one of its ads, which they criticized for "inaccurate and misleading statements" about how that state's tax revenue was distributed to schools.

Much of the more than $5 million funding the No on 205 campaign was raised by Gov. Doug Ducey, who sees legal marijuana as a threat to public safety and a thriving economy.

The anti-marijuana campaign was largely funded by companies and business groups who think legal marijuana could lead to less-productive employees, more impaired workers and drivers, and increased youth drug use. Major backers included Discount Tire founder Bruce Halle, of Paradise Valley, casino magnate Sheldon Adelson, the Arizona Chamber of Commerce and Industry, and a Chandler pharmaceutical company that touts its “capability to develop pharmaceutical cannabinoids.”

Tom Hamilton, 66, an independent voter from north-central Phoenix, struggled with how to vote on Prop. 205. In the end, he voted for it because he thinks it’s safer than alcohol.

“Nobody dies because of marijuana,” he said, adding that thousands of people do die of alcohol.

Hamilton, who spends part of the year living in Durango, Colorado, said he did not like the way the No on Prop. 205 campaign portrayed the way marijuana in that state was being marketed to children, through pot-infused candies.

Democrat Riann Holsonback, 43, of Phoenix, said marijuana is so prevalent, Arizona might as well reduce the penalties for those who use it and reap the benefits of tax revenue.

Republican voter Jane Evans, 59, of Mesa, cast her early ballot for Prop. 205 partly because she thinks public schools are desperate for money.

"All the propaganda about ... Colorado was fraud," she said.

Reach the reporter at yvonne.wingett@arizonarepublic.com or 602-444-4712. Republic reporter Sarah Jarvis contributed to this article.

Marijuana legalization, abortion access: Key midterm ballot measures

Voters across the country cast votes for national, state and local candidates in the 2022 midterms Tuesday, and they also voted on a slate of ballot measures.

Michigan, California and Vermont enshrined abortion rights in their state constitutions on Tuesday. Meanwhile, an anti-abortion measure in Kentucky was rejected by voters.

Maryland and Missouri voters approved legalizing recreational marijuana for people over 21. But voters in Arkansas, North Dakota and South Dakota rejected legalization proposals.

Millions of voters across the country cast their ballots for the 2022 midterm elections on Tuesday.

In addition to picking local and state officials, including key governorships, their votes should determine whether Democrats will be able keep control of the U.S. House and Senate, or if Republicans will flip one or both houses of Congress.

But as of Thursday afternoon, some of the nation's most consequential races have not yet been decided. The future of Congressional control is still up for grabs. And while both parties raked in key wins so far, Democrats have held off the Republican "red wave" that many strategists predicted leading up to Tuesday.

Amid millions of votes for lawmakers, voters also weighed in on ballot initiatives ranging from legalizing marijuana to accessing abortion and outlawing slavery.

Some Americans voted on raising the minimum wage, expanding Medicaid and on policies designed to address climate change.

Here’s what you need to know about key ballot measures from Election Day 2022:

Updates:Two days out, elections remain undecided. Here's what we know about outstanding races

Full election results:See results of elections in the Senate, House and every state

Abortion access votes in California, Kentucky, Michigan, Vermont

After the Supreme Court overturned its landmark Roe v. Wade decision earlier this year, abortion access became a key issue across the country. For the midterms, advocates hoped that states would protect reproductive rights.

Voters in Michigan, California and Vermont enshrined abortion rights in their state constitutions Tuesday. In Kentucky, an anti-abortion measure on the ballot was rejected by voters.

The rejection of the proposed Kentucky amendment, which attempted to deny any constitutional protections for abortion in the state, marks a significant victory for abortion rights. Kentucky's GOP-dominated legislature has imposed a near-total ban on abortions – which could still be upheld by the state Supreme Court. But the amendment rejection also means there's a possibility for the court to declare abortion as a state right.

More on Kentucky abortion vote:Kentucky voters reject amendment that would have ended right to an abortion. What it means for the deep-red state.

'Not a repudiation':Joe Biden holds off red wave, gets unexpected boost from midterm election

In Montana, voters rejected a referendum could've meant criminal charges for health care workers if they don't take “all medically appropriate and reasonable actions to preserve the life” of an infant who is born living, including after an attempted abortion.

More:Abortion rights were on the ballot in these 5 states. Here's what voters decided.

Opinion:We just got through the midterms, but the DeSantis-Trump rivalry has already begun

Voting measures in Arizona, Connecticut, Michigan, Nebraska

Voting rights were on the ballot in several states for the midterms – including measures on voter identification, early voting, and rules on passing ballot initiatives.

In Connecticut, a proposed constitutional amendment to allow in-person early voting passed.

Meanwhile, Ohio voters passed an amendment that will prohibit people who are not U.S. citizens from voting in local elections. And in Nebraska, voters passed a measure that will require a valid photo ID to vote in any election.

In Michigan, voters approved creating a nine-day window for early voting, among other changes.

In Arizona, voters were asked whether they should be required to provide a date of birth and voter identification number for early ballot affidavits, instead of only a signature. It was too early to call as of Friday morning. Arizonans rejected a measure about whether the state’s legislature can change measures that voters passed if the measures are deemed unconstitutional.

Ballots in Nevada asked voters about establishing ranked-choice voting for congressional and some state elections. The votes were too close to call as of Friday morning.

Which party will control the Senate? Here's every seat up for grabs in the 2022 midterms

Prohibiting slavery, particularly among prisoners

Five states voted on whether to abolish slavery. Voters in four states – Alabama, Oregon, Tennessee and Vermont – passed measures to change their state constitutions to prohibit slavery and involuntary servitude as punishment for crime, according to Associated Press counts.

Meanwhile, voters in Louisiana rejected an amendment to remove language from the state's constitution allowing for involuntary servitude in the criminal justice system.

Yes, more than 150 years ago, the 13th Amendment to the U.S. Constitution ended slavery on a national level when it was ratified in 1865. But loopholes still allow it as a punishment for people convicted of a crime.

Passing these referendums could be more than just a symbolic gesture. Criminal justice reform advocates have said they could mean higher wages for prison work, among other changes.

Maryland and Missouri legalize recreational weed; other states vote on drug policies

Marijuana appeared on ballots in multiple states this year. In Arkansas, Maryland, Missouri, North Dakota and South Dakota, voters were faced with an option to legalize recreational marijuana for people 21 and older.

Maryland and Missouri voters approved legalizing recreational marijuana for people 21 and older through constitutional amendments on Tuesday. Both states' measures will also bring changes to criminal law and expunge many past marijuana possession convictions. In Missouri, for example, nonviolent offenses – with the exception of selling to minors or driving under the influence – will be expunged.

Arkansas, North Dakota and South Dakota voters rejected proposals for legalizing recreational use on Tuesday.

Colorado voters passed a ballot initiative to decriminalize psychedelic mushrooms for people 21 and older. The proposal will also create "healing centers" regulated by the state where people can use the drug while being supervised.

DC raises minimum wage for tipped workers; Nevada, Nebraska vote on wage increases

Nevadans voted on whether to increase the minimum wage in the state to $12 per hour. Results were too close to call as of Friday morning/. The state’s current minimum wage is between $9.50 and $10.50, depending on whether a person has health insurance.

Nebraska voters approved a ballot measure that will significantly increase the state's minimum wage, from $9 an hour to $15 by 2026.

In Washington, D.C., voters chose to raise the minimum wage for tipped employees to match the pay of non-tipped employees.

New Mexico voters make pre-K a universal right

New Mexican voters on Tuesday strongly approved a constitutional amendment set to increase permanent funding allocated for early childhood education, as well as K-12 education, by hundreds of millions of dollars.

With the measure's success, Vox News reports that New Mexico will become the first state to guarantee a constitutional right to early childhood education like preschool and child care. Activists and legislators in support said they spent over 10 years working toward the ballot measure.

The amendment proposed allocating an additional 1.25% annually from the state's Land Grant Permanent Fund, which already distributes 5% annually to the New Mexico Public Education Department and 20 additional public institutions, to early childhood education and public school instruction for at-risk students.

While the amendment has received voters' approval, it has to be approved by Congress in order to take effect. New Mexico Legislative Finance Committee economists estimated in 2021 that, if approved, using the state's Land Grant Permanent Fund, also known as the Permanent School Fund, in this way "tapping the LGPF would potentially generate an estimated $236 million" for education in fiscal year 2023. "Of this, an estimated $140 million would be allocated specifically for early childhood education."

Contributing: The Associated Press

Ballot initiatives to watch in 2022 midterms, from abortion to slavery

Four states have ballot questions related to abortion and contraceptives

Legalizing marijuana will be up for voters to decided in at least five states this year

Outlawing slavery and indentured servitude is a referendum in five states as well

Forget waiting for Congress or state legislatures to act. This year’s midterm elections are offering voters an opportunity to shape public policy directly in the form of state ballot initiatives on major national issues.

The country witnessed the power of those referendums when voters in Kansas, typically considered a safe red state, rejected an anti-abortion measure by a decisive 61%-39% margin in the nation’s first test vote onthe volatile issue last August.

With the midterms at hand, voters are being asked to weigh in on reproductive rights, legalizing marijuana and even slavery.

Stay in the know:Get updates on these top ballot measures in your inbox

Early voting 2022 schedule: When early and in-person absentee voting starts in each state

Voters will determine in at least five states whether to officially abolish involuntary servitude as a form of punishment, a question that could lead to a national rethinking on U.S. prison policy. Other ballot initiatives focus on the right to abortion and increasing minimum wage.

Many of those topics have stalled in Washington, where gridlock has devoured reform efforts.

But whether through direct ballot initiative grown by grassroots organizations via petition or indirect referendums first raised by a state legislature, these measures could have major ramifications going forward.

Here are the issues on the ballot to watch:

Abortion access

Kansas voters overwhelmingly chose to uphold the right to an abortion in August, which has emboldened progressives hoping the momentum can mobilize their base through similar ballot initiatives elsewhere.

Now at least four other states – California, Michigan, Kentucky and Vermont – will have similar questions for voters to consider.

The Michigan Supreme Court ruled that a proposed constitutional amendment on abortion rights must appear on the November ballot. Under the measure, Michigan voters will be able to explicitly enshrine a woman's reproductive rights in the state constitution.

Montana is asking voters to decide rules around infants "born-alive." The referendum deals with whether infants born alive at any stage of development will be considered "legal persons."

If so, the proposal says, they must be provided medical care. Violators face a $50,000 fine and up to 20 years in prison.

Poll: Most Americans want chance to support abortion rights on state ballot

Roe v. Wade: Abortion to remain divisive issue in states, courts

The proposed amendments in California and Vermont, which already have liberal state laws ensuring abortion rights, encompass reproductive freedom as a whole including other protections such as guaranteeing access to contraceptives.

Voters in Kentucky, a more conservative-leaning state, are being asked this November to restrict abortion rights by declaring that the state Constitution doesn’t recognize such access or require taxpayer funding of abortion.

Outlawing slavery

Voters in Alabama, Louisiana, Oregon, Tennessee and Vermont will decide whether to abolish slavery as a part of a larger criminal justice reform movement aimed at prison labor.

The 13th Amendment to the Constitution ended slavery and involuntary servitude when it was ratified in 1865. But a loophole allows it as punishment for someone convicted of a crime. Roughly 20 states have a similar exception.

Most of the referendums ask voters to declare no form of slavery or involuntary servitude be permitted as a punishment for a crime.

Others go further, such as Alabama's question which seeks to remove "all racist language" from the state constitution. In Oregon, the amendment would add provisions allowing the state courts or parole agency to order alternatives to incarceration for a convicted individual.

More: As George Floyd Act's chances dim, Biden stays mum on police reform

Criminal justice reform advocates say the referendums are more than symbolic and could spark larger changes for people who are incarcerated, such as paying them higher wages for prison work or ending forced labor altogether.

In 2018, voters in Colorado, Nebraska and Utah overwhelmingly struck down slavery and involuntary servitude through ballot initiatives.

Legislation has been introduced in California, Florida, New Jersey, Ohio and Texas to put similar ballot questions before voters in future elections.

Decriminalizing weed, psychedelics

Multiple states will give voters a direct say over drug policies with ballot questions on decriminalizing marijuana and certain psychedelics.

Arkansas, North Dakota, South Dakota and Maryland are looking to legalize marijuana for residents age 21 or older.

But the provisions in some places go further.

In Missouri, the proposed amendment would decriminalize marijuana use and allow people convicted of non-violent cannabis offenses a chance to seek an early release from prison and have their criminal records expunged. It also seeks to impose a six percent tax on the sale of marijuana.

News: Marijuana is being legalized in parts of the U.S. That's not helping everyone with convictions

Poll: Marijuana use is outpacing cigarette use for first time ever in U.S.

The Supreme Court in Oklahoma rejected a request that a measure on legalizing recreational cannabis gets voted on this November. But Oklahoma Gov. Kevin Stitt set a statewide special election next March for voters to have a say.

Colorado has a ballot initiative asking voters whether the state should define certain psychedelic plants and fungi as natural medicine, including dimethyltryptamine (DMT) and mescaline.

Under the amendment, personal use, possession, transportation and growth would be legal for those age 21 or older. The changes would also create a regulatory agency that would oversee licensed healing centers to administer natural medicine services.

Minimum wage, right to work rules

Nevada voters will be given a chance to give workers a pay raise this fall when they're asked to increase the minimum wage to $12 an hour for all employees. The state's floor for how much a person is paid currently sits between $9.50 to $10.50 per hour, depending on whether they have health insurance.

In 2019, the Nevada legislature passed a measure raising the minimum wage by increments without addressing the health insurance discrepancy. The ballot question will establish a flat rate for all regardless of their insurance status.

More: Nevada's minimum wage increases but is less of a living wage than a year ago

Nebraska secretary of state certified a ballot measure in September that would increase the minimum wage to $15 an hour by 2026 if approved.

In the District of Columbia, voters will decide whether to increase the minimum wage for tipped employees, such as restaurant servers, to match that of non-tipped employees.

Beyond minimum wage, Illinois voters are being asked to establish a constitutional right to collective bargaining which would guarantee workers the right to organize a union.

On the opposite end of the political spectrum, Tennessee voters will weigh approving a right-to-work amendment to the state constitution which would prohibit workplaces from requiring labor union membership as a condition for employment.

Expanded Medicaid, health care

One of the major debates about the Affordable Care Act from a decade ago was whether states would accept or reject federal incentives to expand Medicaid eligibility.

As of this year, 38 states and the District of Columbia have done just that with many doing so through ballot initiatives. Voters in Idaho, Nebraska and Utah, for example, did so in 2018.

Report: 5 million to 14 million Americans could lose Medicaid coverage when COVID-19 pandemic ends

More: Uninsured rate hit record low of 8%, HHS analysis shows

South Dakota, one of 12 states that has not expanded Medicaid, will have an opportunity thanks to a coalition of health care groups who joined forces this year to push the idea to the ballot box.

Under the amendment, adults 18 to 65 earning incomes below 133% of the federal poverty level would receive Medicaid. That is roughly $18,000 per person or $37,000 for a family of four.

Other health care related questions are sprinkled around the country.

In Oregon, a ballot initiative would ensure every resident "has access to cost-effective, clinically appropriate and affordable health care as a fundamental right."

California voters will consider banning the sale of flavored tobacco products as well as legalizing mobile sports betting to use a portion of revenue generated for a homelessness prevention fund.

Stay in the know:Get updates on these top ballot measures in your inbox

Climate change and emission tax

In 2020, multiple cities and states had ballot questions dealing with establishing policies around the environment.

Heading into the fall elections this year, New York and California both have proposals that voters will be asked to consider.

New Yorkers are being asked to support the issuance of $4.2 billion in bonds for multiple projects related to the environment, such as flood-risk reduction, coastal shoreline restoration and land conservation.

For California, which has been beset by drought, wildfires and other climate change woes, the question is whether to levy a new tax for zero-emission vehicles and wildfire prevention programs.

What's on your ballot? A complete guide to California propositions for the 2022 election

Under the proposed question, a 1.75% hike would be put on those making more than $2 million annually. That's projected to rake in $3.5-$5 billion, according to state analysts.

About 45% of that money would go toward rebates for zero-emission vehicle buyers, especially for those in low-income areas. Another 35% of the new revenue is earmarked for building more charging stations.

The remaining 20% would be for the wildfire prevention and response actions.

Voter IDs, early voting and election laws

Voters will consider proposals in multiple states on voter identification, early voting and rules surrounding passing ballot initiatives.

In Connecticut, voters will decide if there is a constitutional amendment that permits in-person early voting.

Under a proposed question in Michigan, voters will decide on creating a nine-day window for early voting as well as making other changes to voting policies – such as requiring a photo ID or a signed affidavit to vote and requiring the state to provide secure drop boxes for all municipalities.

A ballot proposal in Nebraska will determine whether a valid photo ID is required to vote for any election.

Arizonans will determine whether voters are required to provide a date of birth and a voter identification number for early ballot affidavits rather than just a signature. Voters will also weigh in on proposals related to passing ballot initiatives including whether the legislature can amend or repeal ballot measures approved by voters if deemed unconstitutional by the state or U.S. Supreme Court.

Voting rights: New election laws could create barriers for voters with disabilities

One measure in Arizona would require a supermajority (three-fifths) vote to pass ballot initiatives that create a tax. A similar proposal in Arkansas would require a supermajority vote instead of a simple majority to adopt ballot initiatives.

Oklahoma recreational marijuana question won't make November ...

A state question to legalize recreational cannabis in Oklahoma won't land on the general election ballot after the state Supreme Court rejected a request to ensure the measure gets voted on this year.

The Oklahoma Supreme Court declined to compel the State Election Board to add State Question 820 to the statewide ballot for the November election.

Although the question that would legalize recreational cannabis for those age 21 and older won't make the ballot this year, Oklahoma voters will still get a chance to vote on the issue at some later date.

SQ 820 will go before voters during a statewide election in 2024 or the governor, who gets to set the election date for the question, could call a special election to put the measure on the ballot sooner. If the governor fails to act, SQ 820 will appear on the general election ballot in 2024, according to proponents of the state question.

Yes on 820 Campaign Director Michelle Tilley called the court ruling disheartening.

"It is disappointing that a few people with their own political interests were able to use the process to prevent voters from voting on this in November," she said in a statement. "However, we cannot lose sight of how far we have come. This is a big deal.

"Now the petition phase is finished, and Oklahomans WILL be voting to legalize recreational cannabis here and we can soon realize all the benefits it will bring to our State."

The Yes on 820 campaign blamed a new process within the secretary of state's office to verify state question signatures for slowing down their efforts to qualify for the ballot this year. Secretary of State Brian Bingman was appointed by Gov. Kevin Stitt.

A representative for the secretary of state's office previously said the new process adds more scrutiny to ensure only signatures from registered Oklahoma voters are counted when determining whether a state question should go before voters. State question campaigns are required to collect a certain number of signatures in order to qualify for the ballot.

Supreme Court justices said SQ 820 got "bogged down" in the secretary of state's office, but noted the office enlisted temporary workers and some full-time staff to help with signature counting and verification when private contractors appeared to need additional manpower.

But the justices said it was too late to include SQ 820 in time for ballots to be mailed to overseas voters.

They also said state law doesn't guarantee a state question any specific election date. The Yes on 820 campaign argued their proposal must appear on the ballot for the next statewide election.

"There is no way to mandate the inclusion of SQ 820 on the November 2022 general election ballot," Justice Douglas Combs wrote in the majority opinion.

The opinion cited Aug. 29 as the statutory deadline to call a state question election for November, which gives the state time to prepare ballots that will be sent to absentee military voters. Friday's deadline to mail those ballots comes before next Monday's cutoff for those that challenged SQ 820 in court to request a new hearing.

The court recently dismissed four legal challenges to SQ 820. All nine justices agreed with the decision to reject the Yes on 820 campaign's lawsuit, although Justice Dustin Rowe said he would have ruled the request was "dead on arrival," as opposed to delaying action in the case until any legal challenges were resolved.

The Yes on 820 campaign raised more than $2.2 million this election cycle. All of its funding comes from out-of-state donors, including the American Civil Liberties Union and national nonprofits that advocate for cannabis legalization or criminal justice reform.

SQ 820 would implement criminal justice reforms that would allow some drug offenders to petition to have their cannabis convictions reversed and criminal records expunged.

Proponents of the state question have been trying since 2019 to get the recreational cannabis proposal before Oklahoma voters.

Voters pass wage hikes, legal pot; divide on abortion

Greg Toppo and Laura Mandaro

Voters on ballot initiatives in 41 states gave a resounding thumbs-up to recreational marijuana and higher minimum wages, while dividing on abortion-related measures and GMO labeling.

Scores of measures that thickened ballot booklets from Alaska to Florida included a ban on bear baiting (overturned), immigrants IDs (rejected) and gun background checks (approved).

ABORTION

In Colorado, voters rejected a proposal to add "unborn human beings" to the state's criminal code, a measure that some feared could ban abortion.

And in North Dakota, voters rejected a "right-to-life" state constitutional amendment that abortion rights advocates feared would have ended legal abortions there.

The North Dakota measure would have declared "the inalienable right to life of every human being at every stage of development must be recognized and protected."

But Tennessee approved an amendment that will give more power to state lawmakers to regulate and restrict abortion, adding language to the Tennessee constitution that reads, in part: "Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion," even in the case of pregnancy resulting from rape or incest or when necessary to save the life of the mother.

MARIJUANA

Voters in Florida rejected a constitutional amendment that would have allowed doctors to prescribe marijuana for the relief of chronic pain, nausea, and other symptoms associated with eight major diseases.

Oregon voters did approve a measure, modeled on Washington state's, that allow adults to buy marijuana for recreational use. A household can have up to 8 ounces of marijuana and cultivate up to four plants; consumption is banned in public.

Alaska also looked likely to legalize marijuana for recreational use. Advocates for the measure were holding a slim lead with nearly two-thirds of the state's precincts reporting.

And in Washington, D.C., city residents overwhelmingly approved a measure that will allow people to possess up to 2 oz. of marijuana and cultivate up to six plants at home without legal penalties. But the D.C. law faces a strange restriction, as pot still remains illegal in the one-fourth of the city that sits on federal land — federal law still bans marijuana possession. And Congress could step in and overrule any new measure.

MINIMUM WAGE, GMOS, BEARS

Other issues on the ballot Tuesday night:

• In Oregon, voters rejected a measure permitting four-year driver's cards to those who cannot prove their legal status in the United States. Supporters said the bill would keep the streets safer by forcing people to learn the rules of the road and get insurance. The measure was aimed mainly at Oregon's tens of thousands of immigrants who are in the country illegally. The Pew Hispanic Center says about 160,000 immigrants living in Oregon entered the country illegally.

• In Arkansas, Alaska, South Dakota and Nebraska, voters approved hiking the minimum wage. Voters in Illinois approved a non-binding ballot question on raising the minimum wage.

• Voters in Colorado rejected mandated labels for genetically modified foods; a similar measure in Oregon was too close to call.

• In Maine, voters rejected a ballot initiative that would have banned sportsmen from hunting bears with the use of bait, dogs and traps. A fierce debate on hunting methods has raged there for months, frequently pitting hunters against animal rights advocates. The bait used is typically sugary human food such as doughnuts. Maine's bear population of 30,000 is up about 30% from 10 years ago, and state wildlife officials have said the hunting methods are needed to control the population.

• In Washington state, voters passed a measure expanding background checks on gun sales and transfers.

• Voters also cast votes on casino gambling in California, South Dakota, Kansas, Rhode Island and Massachusetts.

Contributing: AP

MORE ELECTION COVERAGE

Voters in 38 states decide sweeping ballot initiatives

Elizabeth Weise, USA TODAY

Voters in 38 states cast ballots on various initiatives

Four involved same-sex marriage

California voters were deciding whether to abolish the death penalty

Maine, Maryland and Washington have made history, becoming the first states in which voters legalized same-sex marriage.

A bill allowing same-sex marriages in Maine passed in 2009, but opponents petitioned for a referendum on the issue and that year 53% of voters opposed it.

In Maryland, a referendum had sought to overturn a law approving same-sex marriage passed earlier this year by the Legislature. In Washington state, a similar initiative was approved by popular vote.

In Minnesota, voters were being asked whether the state's constitution should ban same-sex marriage, a step beyond the state's existing law against gay marriage.

Across the nation, voters in 38 states were deciding sweeping ballot initiatives on everything from same-sex marriage and recreational marijuana use to whether genetically engineered foods should be labeled.

Nationally, 32 states have voted to restrict marriage to heterosexual couples while while six others — New York, Connecticut, Iowa, Massachusetts, New Hampshire and Vermont — and the District of Columbia have legalized it either by legislation or a judicial ruling

Washington and Colorado became the first states to legalize recreational use of marijuana.

The recreational use of marijuana was also up for a vote in Oregon, but voters rejected a ballot measure seeking to regulate marijuana like alcohol. Two other states were considering allowing pot use for medical reasons.

The Washington measure that was adopted would allow adults to possess small amounts of marijuana and also allow its sale to be regulated and taxed. Estimates have showed pot taxes could bring in hundreds of millions of dollars a year, but the sales won't start until state officials make rules to govern the legal weed industry.

Together, the marijuana votes in the three states represented a pushback against the federal government, which backs the drug's prohibition.

Massachusetts residents approved a new law legalizing medical marijuana for people with cancer, hepatitis C, Parkinson's disease, Lou Gehrig's disease, glaucoma, HIV, AIDS, Crohn's disease, multiple sclerosis and other conditions. The state becomes the 18th to do so. Arkansas voters narrowly rejected a similar law.

In California, voters were deciding whether to repeal the state's death penalty and replace it with life in prison without the possibility of parole. If passed, the 726 inmates on death row in the state would have their sentences commuted to life in prison. If so, California would become one of only two states in which voters have repealed the death penalty. The other is Oregon. In the 17 states where capital punishment is outlawed, the change came through legislative action.

Big spending on food issue

California voters rejected a measure that would required foods made from genetically modified ingredients be labeled. The closely watched race sparked a backlash from agribusiness and chemical conglomerates, which spent at least $44 million in a bid to defeat Proposition 37.

School funding also was a major issue in California, with dueling propositions on the ballot. One, sponsored by Democratic Gov. Jerry Brown, could bring in up to $9 billion a year. California voters approved Brown's initiative to raise sales and

income taxes to help balance the state budget but rejected a broad-based income tax to raise money for public schools.

In San Francisco, voters overwhelmingly rejected draining an 89-year-old reservoir in Yosemite National Park that provides water to 2.6 million people in order to restore the Hetch Hetchy Valley to its former natural state.

In a tight race, Maryland voters approved expanding gambling to include table games such as blackjack and roulette at the state's three existing casinos and the addition of a new casino near the nation's capital, in Prince George's County. More than $90 million had been spent on the gambling initiative by opponents and supporters, an unprecedented amount in Maryland for a single campaign.

Tax limits at stake

In Florida, voters rejected a constitutional amendment limiting tax revenue growth to increases in population and inflation. The proposal was based on a similar provision in Colorado.

Idaho voted on whether to approve a major school overhaul that would include phasing out teacher tenure, implementing merit pay and limiting collective-bargaining rights for teachers' unions.

A vote in Massachusetts on whether terminally ill patients can legally get drugs from a physician to end their lives was too close to call early today. The issue had been hotly debated in the heavily Catholic state. Similar laws have passed in Oregon and Washington.

Thirty-four states prohibit assisted suicide outright, while Massachusetts and six others ban it through common law. Montana's Supreme Court ruled that state law doesn't prohibit doctors from helping patients die.

Fight over a bridge

Whether a new bridge between Detroit and Canada can be built was on the ballot in Michigan. Manuel Moroun, the billionaire owner of Detroit's Ambassador Bridge, spent more than $30 million on a constitutional amendment designed to thwart construction of a rival bridge. The state also was considering a law requiring two-thirds legislative support for tax hikes. All proposals on Michigan's ballot failed to pass muster with voters.

In New Hampshire, voters decided whether to add a ban on a state income tax — a tax the state doesn't have — to their constitution.

A proposal to phase out the estate tax was rejected on the ballot in Oregon. The tax starts at 10% for married couples with $2 million in non-farm assets.

Contributing: The Associated Press