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Cannabis on the Nov. 3 ballot: Massachusetts votes on ending retail adult-use sales, and Idaho on who holds the power to legalize

The short answer: Two cannabis measures are on the Nov. 3 ballot. Massachusetts Question 8 would repeal retail adult-use sales from Jan. 1, 2028, while keeping possession of 1 ounce or less legal for adults 21 and older. Idaho's HJR 4 would give only the legislature the power to legalize marijuana.

Massachusetts Question 8 would repeal retail adult-use sales but keep small-amount possession legal. Idaho's HJR 4 would give only the legislature the power to legalize marijuana. Both are on the Nov. 3 ballot.

Massachusetts State House with its gold dome on Beacon Street in Boston
File photo: Massachusetts State House with its gold dome on Beacon Street in Boston. Photo: King of Hearts / Wikimedia Commons, CC BY-SA 4.0 (cropped) · Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

What changed

Q8 would repeal the laws that legalize, regulate and tax retail adult-use sales (chapters 94G and 64N); keep possession and no-pay transfers of 1 oz or less (no more than 5 g concentrate) legal for 21+; $100 civil penalty and forfeiture for over 1 oz up to 2 oz; under-21 possession of 2 oz or less a civil infraction with a $100 fine, forfeiture, a drug awareness program and community service; keep the medical program and the Cannabis Control Commission (medical only); expedited medical licensing for current adult-use businesses; effective Jan. 1, 2028. Sources below

Two states have cannabis-related questions on their ballots on November 3, and they point in different directions. One would end retail sales in the adult-use market Massachusetts voters approved in 2016, as a legislative committee report in the state voter guide describes it. The other would decide who has the power to legalize marijuana in Idaho.

Massachusetts Question 8

Question 8 is a citizen initiative; its text is titled "An Act to restore a sensible marijuana policy," and the ballot heading reads "Prohibit Retail Sale of Adult Recreational Use Marijuana." According to the Secretary of the Commonwealth's voter guide, it would:

  • repeal the state laws that legalize, regulate and tax retail sales of adult-use marijuana;
  • keep legal possession of 1 ounce or less for adults 21 and older (no more than 5 grams as concentrate), and giving that amount to another adult if no money changes hands;
  • make possession of more than 1 ounce and up to 2 ounces a civil offense with a $100 penalty and forfeiture;
  • make possession of 2 ounces or less by anyone under 21 subject to a $100 civil penalty and forfeiture, with a drug awareness program (the Attorney General's summary also lists community service and parental notification; the law text requires parental notice for those under 18);
  • keep the medical program and the Cannabis Control Commission, which would regulate only medical marijuana; and
  • let current adult-use businesses apply on an expedited basis to become licensed medical dispensaries and sell their remaining adult-use inventory to medical dispensaries.

It would take effect January 1, 2028. A yes vote approves the change. A no vote leaves current law alone.

The money. The fiscal statement, written by the Executive Office for Administration and Finance, says taxes on adult-use retail sales raised approximately $280 million in state revenue and $50 million in local revenue in fiscal 2025. It says the measure would reduce what state and municipal governments receive from those taxes.

The legislature's view. On May 4, a majority of the legislature's Special Joint Committee on Initiative Petitions recommended that lawmakers take no action on the petition. The majority's report said the petition lacks detail on implementation and enforcement and raised concerns about existing safeguards, licensing, taxes and revenue. The report also notes that the Attorney General's certification of an initiative petition does not evaluate its constitutionality.

The campaigns. The official guide prints a 150-word argument from each side and notes that the state doesn't certify their accuracy. The Yes argument, signed by a retired physician for the Coalition For a Healthy Massachusetts, cites public-health and road-safety concerns and what it says legalization costs taxpayers and employers. The No argument, signed by the Massachusetts Cannabis Coalition's Ryan Dominguez, says repeal would push sales back to an unregulated market, waste police resources, and cost small businesses, jobs and tax revenue. These are the campaigns' own opinions, and we have not checked their statistics. Both arguments are in the voter guide.

Idaho HJR 4

HJR 4, adopted by the legislature in 2025, asks voters to amend Article III, Section 26 of the state constitution. The ballot question asks whether the section should be amended "to provide that only the legislature shall [have] the power and authority to legalize" activities including growing, producing, selling, possessing or using "marijuana, narcotics, or other psychoactive substances." (The Legislature's page prints the question with the word "have" missing; we added it in brackets.) It shares the ballot with HJR 6, which would make English Idaho's official language.

What's next

We'll report results from each state's official count after the polls close November 3. Neither the Massachusetts guide nor the Idaho Legislature's page includes polling, so we don't offer a forecast.

Sources

Rules in every state we track: /rules/

Related: our latest cannabis news.

Drafted with AI assistance from primary sources and reviewed by Monsaur Othman before publication. Read how we use AI, our editorial policy and our corrections policy.

For adults 21+. News and education only. General information, not legal advice. Nothing here is a health claim or an offer to sell.

Key facts and where they come from

  • Q8 would repeal the laws that legalize, regulate and tax retail adult-use sales (chapters 94G and 64N); keep possession and no-pay transfers of 1 oz or less (no more than 5 g concentrate) legal for 21+; $100 civil penalty and forfeiture for over 1 oz up to 2 oz; under-21 possession of 2 oz or less a civil infraction with a $100 fine, forfeiture, a drug awareness program and community service; keep the medical program and the Cannabis Control Commission (medical only); expedited medical licensing for current adult-use businesses; effective Jan. 1, 2028. source 1
  • Fiscal note: in FY2025, adult-use retail taxation raised about $280 million in state revenue and $50 million in local revenue. source 1
  • A majority of the Special Joint Committee on Initiative Petitions voted May 4, 2026, to recommend that the legislature take no action, citing implementation gaps, safeguards, licensing/tax effects and revenue. source 1
  • Yes argument by the Coalition For a Healthy Massachusetts; No argument by the Massachusetts Cannabis Coalition. The state doesn't endorse or certify either. source 1
  • Idaho HJR 4 (adopted in the 2025 session) would amend Art. III sec. 26 so only the legislature has the power to legalize growing, selling, possessing or using marijuana, narcotics or other psychoactive substances; on the Nov. 2026 ballot with HJR 6 (English as official language). source 1
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