Initiative results in states show political pendulum swinging back on sentencing and drug policy reforms

I flagged in this postyesterday some of my pre-election coverage of some state initialtives on sentencing issues and drug policy reform.  And now, with results mostly tabulated, the votes in higher-profiles issues on the ballot on Election Day 2024 seem to be telling a fairly consistent story that voters have grown much less interested in progressive reforms than in past elections.

The higest-profile initiative in this space was California’s Proposition 36, titled “Increase Sentences for Drug and Theft Crimes,” and this New York Post piece highlights the outcome in its headline: “Californians overwhelmingly pass anti-crime Proposition 36 measure that Dem Gov. Gavin Newsom strongly opposed.”  This New York Times‘ result tracker as of ths writing shows this initiative getting over 70% of the vote in the Golden State.  That number might come down as more ballots are counted, but it is quite notable that the initiative appears to be winning by double digits in every single county.

Colorado had a number of criminal justice initiatives that also appear to have been approved by voters including more funding for police training and limits on bail for some murder defendants.  And the sentencing related issue, Proposition 128, to limit parole eligibility for certain violent offenders as of now has over 62% of the vote.  This New York Times result tracker shows this initiative getting significant support in every county except Boulder.

The story on drug policy reform is a bit more nuanced.  Nebraska voters approved two medical marijuana reform initiatives by nearly a 70% vote, but on-going court challenges might preclude actual reforms.  Voters in both North Dakota and South Dakota rejected full marijuana legalization by roughtly 55% of the vote, though the vote was slightly more in favor of reform in North Dakota than for a similar initiative in 2022 and slightly less in favor in South Dakota compared to 2022. 

The biggest and most-watched marijuana reform initiative was Florida’s Issue 3 seeking full legalization in the Sunshine State.  Voters in Florida favored this reform at nearly 56%, which is very close to the “yes” votes for full legalization in “blue” states like Colorado and Washington and Oregon and California and Massachusetts in years past.  But in Florida, unlike all those other states, a supermajority vote of 60% is needed for legalization.  I had thought now-Prez-Elect Donald Trump’s endorsement of Issue 3 might get it past the post, but on this issue he did not move the needle enough for passage.

In addition, Massachusetts voters voted down by a large margin a ballot measure that would have legalized psychedelics for adults 21 and older.  Such reform has gotten voter approval in Colorado and Oregon in recent years, but the Bay State voters were disinclined to follow along.