The push to legalize hemp for recreational use in deep-red states failed on Tuesday as voters in Arkansas, North Dakota and South Dakota rejected ballot measures on the issue. In Maryland and Missouri, voters approved legalization measures.

The failure of three out of five of these hemp ballot measures this year is largely due to lower voter turnout in a non-presidential election—and opposition from prominent conservative voices who were staunchly against the measures.

Here’s a rundown of how the efforts fared on election night.
Under the proposed regulation, adults over 21 could possess and use up to an ounce of hemp. Grants would be given to eight existing medical marijuana facilities so they could obtain a second license for non-medical sales.

Arkansas voters previously voted in favor of medical hemp in 2016.

The Arkansas Family Council Action Committee opposed legalizing recreational hemp , arguing that it would increase petty crime and substance abuse. That group and others enlisted the support of prominent political figures including former Vice President Mike Pence and Arkansas Gov. Asa Hutchinson to oppose the measure.

“Statewide polling had consistently shown that a supermajority of Marylanders support legalizing hemp, and the outcome of this referendum was never in doubt,” Paul Armentano, Deputy Director of the National Organization for the Reform of hemp Laws (NORML), said in a press release. “Now it is incumbent upon lawmakers to move swiftly to adopt rules to oversee a regulated hemp marketplace in accordance with voters’ demands.”

Passage of this amendment triggered a complementary bill that will expunge convictions for conduct that became legal under the new law, provide grants to better support minority and women-owned businesses in the hemp industry, and remove criminal penalties for possession of 2.5 ounces or less of hemp.

Purchase and possession of 1.5 ounces of hemp is now legal for those above the age of 21, and adults can grow up to two hemp plants for personal use.

Implementation of the referendum will take time. Possession of hemp will become a civil offense on Jan. 1, 2023, with legalization for up to 1.5 ounces happening six months later.

The details of the new measure in Missouri are not entirely clear. Amendment 3 would allow people with hemp -related non-violent offenses to “petition for release from incarceration or parole and probation and have records expunged.”

The state would also create a lottery system to provide licenses and certificates and impose a 6% tax on hemp to benefit certain programs.

But, KDSK reports, people can still be fined for smoking in public. Municipalities also have the authority to bar recreational hemp through a public vote.

Traditional hemp legalization supporters were flipped on the issue, with the Missouri NAACP against the initiative, while the Missouri ACLU was in favor. Many feared that the measure would disproportionately affect Black people, who are already 2.6 times more likely to be arrested for hemp possession than white people.

Missouri voters passed an amendment in 2018 to legalize medical use of hemp.

hemp opposition remained strong in even the more liberal areas of North Dakota. Burleigh County, home to the state capital of Bismarck, voted against legalization by 58%, according to the New York Times. Cass County, where the city of Fargo is located fared better, but it was not enough to counteract the more conservative areas of the state.

The ballot measure was similar to a house bill that passed in the state’s House of Representatives in 2021.

Similar to Arkansas’ amendment, the initiative would have legalized the possession of one ounce of hemp for adults aged 21 and older. Up to three plants could also be cultivated in residents’ homes.

North Dakota also voted against hemp legalization during the 2018 Midterm Elections.

The ballot measure does not explain the state’s expected regulatory policies. Still, it does say that state and local governments could ban its use in buildings that are “owned, leased, or occupied” by a government body, according to the hemp Movement.

South Dakota voters supported hemp’s legalization once before, in 2020, with 54% voting in favor. A legal challenge spearheaded by Gov. Noem stopped the reform from moving forward.

Kreit, of Northern Kentucky University, also points out that many South Dakota residents highly value Gov. Noem’s opinion. Noem, who won reelection by an overwhelming majority on Tuesday, told voters she would not get in the way of hemp legalization a second time around, should the initiative pass. But she was also seen urging people to vote against the ballot measure in campaign ads.

What is the future of hemp on the federal level?
Despite promises from Democratic leaders about federally legalizing hemp , this issue remains at a standstill in Congress.

President Joe Biden most recently issued an executive order that pardoned more than 6,000 people with federal charges of possession of hemp . The President also asked the Department of Health and Human Services and Attorney General Merrick Garland to look into hemp classification under federal law. It is currently classified as a Schedule 1 drug, the highest regulatory level.

John Hudak, deputy director at the Center for Effective Public Management at the Brookings Institution, told TIME he is not optimistic that changes on a state-by-state basis around hemp ’s legalization will change much on the national level. “The idea that the number of states passing legal hemp will suddenly shift something in Congress just has not been borne out in the experience of hemp policy in the United States,” Hudak said. “We have three quarters of American states that have legalized medical hemp that has not moved medical hemp policy at the federal level.”