Nearly a decade after voters in Colorado and Washington led the way, marijuana is now legalized for adult use in 18 states, the District of Columbia, and the territory of Guam. In nearly every state where it is not yet legal, there are efforts underway to change the status quo. With support for marijuana legalization at a record high 68 percent in the most recent Gallup poll, one would be forgiven for thinking that more states are ready.
In some states, activists following the well-worn path of the voter initiative to free the weed; in others, legislators are pursuing a hybrid strategy combining legislative and voter approval. See our earlier rundown of initiative and hybrid efforts
here.
But in a number of remaining pot prohibition states, it is up solely to the legislature to get legalization done, whether directly via legislation or by initiating a voter referendum. While legalization bills have been filed in most, if not all, prohibition states, many will fail to pass the legislature, win a chamber floor vote, or even get a committee vote. So, who is going to get it done in 2022? With a big tip of the hat to Ballotpedia, Marijuana Moment, and NORML, who are all keeping an eye on the action, here are some of he states where the odds are best:
Delaware
Last week, a marijuana legalization bill cleared the last hurdle before a House floor vote when the House Appropriations Committee advanced House Bill 305. The bill would allow legal personal possession of 1 ounce of marijuana for adults ages 21 or older and set up a framework for its taxation and sale. It allocates 30 retail sale licenses, 30 manufacturing licenses, 60 cultivation licenses and five testing licenses to be issued within 16 months of the bill's approval.
The committee "walked the bill," which allowed it to advance without a public hearing. The bill had already been approved by the House Health and Human Services Committee. The last time a legalization bill got a House floor vote, back in 2018, it lost by four votes.
This time, the Democrats control both the House and the Senate, as well as the governorship. In the House, Democrats have 26 seats to the GOP's 15, while in the Senate, Democrats have 14 seats to the GOP's seven. And they are going to need virtually all of them to get the bill through owing to a 60 percent super-majority vote requirement because the bill deals with licensing and fees. That same super-majority for legalization may be needed to get the bill past Governor John Carney, who publicly opposed marijuana legalization last year and reiterated that last month,
Maryland
Delegate Luke Clippinger (D), chairman of legislative group studying the issue of marijuana legalization, has filed House Bill 1, which, if passed, would place before voters the following question: "Do you favor the legalization of adult -- use cannabis in the State of Maryland?" If voters approved it, the General Assembly would then be charged with writing the rules covering "use, distribution, possession, regulation, and taxation of cannabis."
The bill is moving, pushed along by powerful legislators. It was House Speaker Adrienne Jones (D) who formed the marijuana working group, and Clippinger is not only chairman of the group but also chairman of the Judiciary Committee, which advanced the bill to the House floor this week. There, it passed a second floor reading and is now headed for a final House floor vote as early as Friday.
Also headed for a final House floor vote is an accompanying bill sponsored by Clippinger, House Bill 837, that includes measures to implement legalization if voters approve it. It sets 1.5 ounces as the legal possession limit for adults and decriminalizes between 1.5 and 2.5 ounces, as well as automatic expungement for past conduct made legal by the law.
If passed by the House, the measures would still have to be approved by the Senate. Senate President Bill Ferguson (D), though, seems more inclined to support getting a straight legalization bill passed before November than going down the referendum route. One bill that would do that, Senate Bill 692, from Sen. Jill Carter (D), would legalize up to four ounces and allow home cultivation of up to six cannabis plants. Possession in excess of those limits would carry no more than a $150 fine, and past criminal records would be cleared for certain cannabis-related charges.
But there is also a Senate bill that parallels the House measure by seeking voter approval of a marijuana legalization constitutional amendment. That bill, Senate Bill 833, would allow home grows of up to four plants. Either way would work.
Minnesota
After a torturous process that saw it move through a dozen House committees, a marijuana legalization bill, House Fill 600, passed the House in May 2021, only to be stalled in the Senate. It is still alive in this, the second year of the bicameral session, and the House may even revisit it for refinements, but the question is whether the GOP-controlled Senate will be more eager to engage this year.
So far, there is little sign of that, as even Democratic legislative leaders concede. As for the companion to the House bill, Senate File 757, the legislative website reports that "No Senate Committee Hearing or Action has Been Recorded." Still, it ain't over until it's over.
New Hampshire
In January, the Republican-dominated House passed a bill, House Bill 629-FN, that would legalize the possession and unremunerated gifting of up to three-quarters of an ounce of marijuana but would not allow commercial production and sales. That vote came after defeating a broader legalization bill that would have allowed such commerce.
And then this month, the House approved another marijuana legalization bill, House Bill 1598, that would legalize the possession of up to four ounces and allow for sales through state-run pot shops but not allow for home cultivation. But because that bill has fiscal components, it must go back to the House Finance Committee and then be approved once more by the House before heading to the Senate.
The Senate, though, is where New Hampshire legalization bills go to die. That has been the fate of all four previous legalization bills passed by the House, but with the state surrounded by legal marijuana states and the issue garnering overwhelming popular support in the Granite State, this year could be different. But the legislature would have to pass any bill with a veto-proof majority, given the longstanding opposition of Gov. Chris Sununu (R).
Rhode Island
Rhode Island is close. The Senate passed a legalization bill last June, Senate Bill 568, and Gov. Dan McKee (D) included legalization in his budget proposalin the form of House Bill 7123. Lawmakers are reportedly working on a compromise between the Senate bill, which envisioned up to 150 retail outlets, and the governor's initial plan, which called for only 25 retail licenses. Both the Senate bill and the governor's plan include social equity provisions.
A key player, House Speaker Joe Shekarchi (D) says there is only one issue holding up a final agreement: who will regulate the legal marijuana market? Will it be an independent commission or the State Bureau of Business Regulation? But Shekarchi also said the issue now is not whether to legalize but how to, and that legalization is "inevitable."
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The Supreme Court asks for Justice Department input on a pair of medical marijuana workers compensation cases, a South Dakota tribe defends non-tribal medical marijuana card holders who face arrest by state and local authorities, and more.
NationalSupreme Court Asks Feds to Weigh in on Medical Marijuana Workers Compensation Cases. The Supreme Court has asked the Justice Department to submit a brief in a pair of workmen's compensation cases revolving around medical marijuana. The question is whether federal law protects employers who do not cover medical marijuana costs for workers injured on the job even in states that require it. The answer will depend on an interpretation of the constitution's supremacy clause. The cases involve Minnesota workers who sought workers compensation for medical marijuana expenses after being hurt on the job. The Minnesota Supreme Court has ruled that the claims were invalid because marijuana remains illegal under the federal Controlled Substances Act.
Hawaii
Hawaii Senate Committee Approves Bill to Legalize Marijuana for People 65 and Over. In a bid to ease access to medical marijuana for senior citizens, the Senate Health Committee approved a bill that would allow people 65 and over to automatically qualify for medical marijuana regardless of whether they have a qualifying condition, in effect legalizing possession for seniors. The bill passed the committee on a 3-0 vote. It would alter the state's medical marijuana law by adding to the language requiring that patients be diagnosed "as having a debilitating medical condition" that medical marijuana will be available to anyone "who has reached the age of sixty-five."
South Dakota
South Dakota Tribe Aids Legal Defense of Customers Arrested by State, Local Police. The Flandreau Santee Sioux Tribe reported this week that more than a hundred people who have tribal medical marijuana cards have been arrested since it opened the state's first dispensary last year. State officials do not recognize cards issued by the tribe, and local police departments have arrested non-tribe members carrying cards and medical marijuana. "They're taking the cards and handing out fines," Tribal chairman Tony Reider said. "But most we don't know about, because most people are just paying the fines."
Last year, the tribe promised to aid customers facing legal problems, and this week, it said it is currently engaged in defending at least 10 active marijuana cases involving non-members. "I don't think the state has the authority to revoke a license issued by another jurisdiction," said tribal Attorney General Seth Pearman.
Washington, DC
DC Mayor Signs Bill to Let People Over 65 Get Medical Marijuana Without a Doctor's Recommendation. Mayor Muriel Bowser (D) has signed into law the Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022, which will allow people 65 and over to self-certify their eligibility for medical marijuana without getting a doctor's recommendation. The bill also creates a medical marijuana tax holiday coinciding with 4/20 and extends the registration renewal deadline for patients.
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This week, we have a trio of jail guards gone bad. Let's get to it:
In Cheshire, Connecticut, a former state prison correctional officer was arrested last Thursday for allegedly selling marijuana to inmates and receiving payments through a Cash App account. The unnamed guard went down after an inmate was found with drugs in January 2021 and an investigation ensued. He is charged with conveying an unauthorized item into a correctional institution. He was released on a $10,000 bond and is scheduled to be arraigned on March 17.
In Dresden, Tennessee,
a Weakley County corrections officer was arrested last Friday for allegedly trying to bring unspecified Schedule III drugs to inmates. Guard Robert Quimen, 23, went down after an internal investigation at the jail. Authorities said he brought the substance to the jail with the intent of delivering it to inmates. He is charged with manufacturing/selling/delivering controlled substances (Schedule III) and introduction of drugs or intoxicants into a penal facility.
In Newark, New Jersey, a former federal prison corrections officer was sentenced last Thursday to more than two years in prison for taking bribes to bring drugs in to inmates. Paul Anton Wright, 36, will also have to forfeit the $50,000 he received in bribes as part of the 26-month sentence imposed on Thursday. He had pleaded guilty to a bribery charge in November 2019. He admitted to smuggling in tobacco, synthetic marijuana, and suboxone to the Fort Dix federal prison.
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An Alabama marijuana decriminalization bill advances, so does a Hawaii bill that would legalize marijuana for people over 65, and more.
There are moves afoot to ease access to medical marijuana for senior citizens. (Sandra Yruel/DPA)
Alabama Marijuana Decriminalization Bill Wins Senate Committee Vote. The Senate Judiciary Committee on Wednesday approved Senate Bill 160 on a 5-4 vote. The bill, filed by Sen. Bobby Singleton (D), would decriminalize the possession of up to two ounces and make possession of more than two ounces a misdemeanor punishable only by a maximum fine of $250. A second offense would net a $500 fine, while a third offense would be considered a Class D felony, but still punishable only by a $750 fine. The bill also provides a mechanism for expungement of past offenses. A similar measure passed the committee last year, only to die without a floor vote.
New York Legislature Approves Marijuana Licensing and Equity Bill. The Senate and the Assembly have both approved Assembly Bill 1248, the Marihuana Regulation and Taxation Act. The measure provides provisional marijuana cultivation and processing licenses for existing hemp businesses if they take steps to promote equity in the nascent industry. The measure passed the Senate on a 50-13 vote Tuesday and passed the Assembly on a 99-43 vote Wednesday. The bill now goes to the desk of Gov. Kathy Hochul (D).
Medical Marijuana
Hawaii Senate Committee Approves Bill to Legalize Marijuana for People 65 and Over. In a bid to ease access to medical marijuana for senior citizens, the Senate Health Committee approved a bill that would allow people 65 and over to automatically qualify for medical marijuana regardless of whether they have a qualifying condition, in effect legalizing possession for seniors. The bill passed the committee on a 3-0 vote. It would alter the state's medical marijuana law by adding to the language requiring that patients be diagnosed "as having a debilitating medical condition" that medical marijuana will be available to anyone "who has reached the age of sixty-five."
DC Mayor Signs Bill to Let People Over 65 Get Medical Marijuana Without a Doctor's Recommendation. Mayor Muriel Bowser (D) has signed into law the Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022, which will allow people 65 and over to self-certify their eligibility for medical marijuana without getting a doctor's recommendation. The bill also creates a medical marijuana tax holiday coinciding with 4/20 and extends the registration renewal deadline for patients.
International
Italian Constitutional Court Vetoes Plants Referendum. The Constitutional Court on Wednesday threw out a proposed referendum to decriminalize marijuana, psilocybin and some other plants, with cultivation legalized, saying that it included other substances considered to be hard drugs. "This is enough to make us violate multiple international obligations," said Giuliano Amato, the Constitutional Court president. The decision prompted the ire of referendum advocates, who had gathered more than half a million signatures in just about one week to place the measure before voters. The decision was "a terrible blow to democracy," said lawmaker Riccardo Magi, a leading advocate.
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the latest victim of the drug war (Creative Commons)
Kentucky Democrats Roll Out Marijuana Legalization Bill. A group of Democratic lawmakers on Thursday rolled out a bill that would legalize sales, expunge marijuana crimes, treat people with medical marijuana, and tax sales for recreational use. They are calling it the "L.E.T.T.'s GROW" act (Senate Bill 186). If passed, it would create a Cannabis Control Board of seven members to establish regulations from seed to sale. The state hasn't managed to get even a medical marijuana bill passed yet, but the Democrats say legalization's economic benefits could make it attractive.
South Dakota Marijuana Legalization Bill Wins Committee Vote. The Senate Commerce and Energy Committee voted 5-3 Thursday to approve Senate Bill 3, which would legalize marijuana in the state. The bill would legalize the possession of up to two ounces by people 21 and over, but possession of between four ounces and one pound would be a misdemeanor and possession of more than one pound would be a Class 5 felony. There is no provision for home cultivation. The state Department of Revenue would be responsible for regulating the adult-use program and promulgating rules related to issues such as transportation and registration. State voters approved marijuana legalization in 2020, only to see it overturned by the state Supreme Court.
Medical Marijuana
South Dakota Tribe Aids Legal Defense of Customers Arrested by State, Local Police. The Flandreau Santee Sioux Tribe reported this week that more than a hundred people who have tribal medical marijuana cards have been arrested since it opened the state's first dispensary last year. State officials do not recognize cards issued by the tribe, and local police departments have arrested non-tribe members carrying cards and medical marijuana. "They're taking the cards and handing out fines," Tribal chairman Tony Reider said. "But most we don't know about, because most people are just paying the fines." Last year, the tribe promised to aid customers facing legal problems, and this week, it said it is currently engaged in defending at least 10 active marijuana cases involving non-members. "I don't think the state has the authority to revoke a license issued by another jurisdiction," said tribal Attorney General Seth Pearman.
Opioids
Congress Extends Trump-Era Fentanyl Analog Criminalization for Sixth Time. A group of leading civil rights advocates, grassroots community leaders, and policy experts strongly criticized the inclusion of a provision in the stopgap spending bill passed by Congress that would extend the temporary classification of fentanyl-related substances as Schedule I drugs, opting for indiscriminate criminalization over proven public health solutions. The temporary order will now last until March 11. Congress has repeatedly acted to extend it instead of investing in public health and harm reduction solutions, and President Biden is advocating for making the classification permanent -- despite promising real criminal justice reform.
International
US Suspends Mexican Avocado Exports Over Drug Cartel Threats. The US government has banned all imports of Mexican avocados after an agricultural inspector was threatened by a suspected drug cartel enforcer. Control of the avocado trade in Michoacan is contested by growers and differing drug trafficking cartels, especially the Jalisco New Generation Cartel. The threat came last Saturday via text message, one day before Mexican growers launched an expensive Superbowl ad. Guacamole lovers, act now! Prices could rise.
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Bills to end civil asset forfeiture and block "equitable sharing" with the feds are filed in Tennessee, a Delaware marijuana legalization bill advances, and more.
Trucker shortage? 60,000 are sidelined because of testing positive for marijuana. (Creative Commons)
Delaware Marijuana Legalization Bill Advances in House. The House Appropriations Committee last Thursday quietly advanced a marijuana legalization bill, House Bill 305. The committee "walked the bill," which allows the bill to advance without a public hearing. The bill has already been approved by the House Health and Human Services Committee. The bill now heads for a House floor vote. The last time a legalization bill got that far, back in 2018, it lost on the House floor by four votes. HB305 would allow legal personal possession of 1 ounce of marijuana for adults ages 21 or older and set up a framework for its taxation and sale. It allocates 30 retail sale licenses, 30 manufacturing licenses, 60 cultivation licenses and five testing licenses to be issued within 16 months of the bill's approval.
Opiates and Opioids
Alabama Bill to Legalize Fentanyl Test Strips Faces Final House Vote. A bill that would legalize fentanyl test strips, Senate Bill 168, has passed the Senate and two House committee votes and now heads for a House floor vote. The bill aims to address the state's opioid overdose crisis by allowing users to test their substances for the presence of the powerful opioid.
Asset Forfeiture
Tennessee Bills Would End Civil Asset Forfeiture, Opt State Out of Federal Program. A pair of Republican lawmakers have introduced companion bills aimed at ending civil asset forfeiture in the state and blocking state law enforcement from evading the law by handing cases off to the federal government under what is known as the "equitable sharing" program. Rep. Jerry Sexton (R) introduced House Bill 2525 and Sen. John Stevens (R) introduced the companion, Senate Bill 2545 earlier this month.
The opt-out from "equitable sharing" is particularly important given that a policy directive issued in July 2017 by then-Attorney General Jeff Sessions greenlighting the practice remains in effect. The language in the bill on "equitable sharing" is quite direct: "A state or local law enforcement agency shall not transfer or offer for adoption property, seized under state law, to a federal agency for the purpose of forfeiture under the federal Controlled Substances Act, Public Law 91-513-Oct. 27, 1970, or other federal law." The bills are now in committee in their respective houses.
Drug Testing
Expert Blames Marijuana Testing for Drug Drivers as Leading Cause of Driver Shortage. Chris Harvey, the head of equity strategy at Wells Fargo, is blaming drug testing for making a major contribution to the truckdriver shortage that is causing problems in the supply chain and contributing to rising prices. "It's really about drug testing," Harvey said, speaking at an industry conference last week. "We've legalized marijuana in some states but, obviously, not all... What we've done is we're excluding a significant portion of that trucker industry."
More than 60,000 truckers have been sidelined for testing positive for marijuana as of December under industry drug testing policies that have become stricter even as marijuana is broadly legalized. Under a 2020 law, all truck drivers who have failed a drug test must be listed in a federal database to block them from being hired by other companies. Some 110,000 truckers have tested positive, with 56 percent of them for marijuana use. There is currently a shortage of about 80,000 truckers.
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A new poll finds three out of four Floridans are ready to legalize marijuana, the Supreme Court asks the Justice Department to file a brief in a pair of medical marijuana workmen's compensation cases, and more.
Marijuana. It is popular in Florida. (Creative Commons)
Poll Finds Floridians Ready for Marijuana Law Reform. A new poll from the University of North Florida's Public Opinion Research Lab revealed three in four Floridians are ready to legalize pot. Some 76 percent of respondents supported allowing people to legally possess small amounts of marijuana, with just 20 percent oppose. That same 76 percent support figure came among Democrats, while even among Republicans, support was at 64 percent. Among independent voters, support was at 90 percent. Despite strong support for legalization, there is no sign the GOP-dominated state legislature is ready to embrace it, leaving a 2024 initiative campaign as the most likely path to progress.
New York Governor Signs Bill Allowing Hemp Farmers to Grow Marijuana This Season. Governor Kathy Hochul (D) on Tuesday signed into law S08084A, which will allow existing licensed hemp farmers to grow and process marijuana for the adult market this year. Hochul said the bill would help establish a safe, equitable, and inclusive new industry. It creates a new Conditional Adult-Use Cannabis Cultivator license for hemp farmers who want to make the transition. Licensees will be required to create "safe, sustainable and environmentally friendly cultivation practices, participate in a social equity mentorship program, and engage in a labor peace agreement with a bona fide labor organization."
Medical Marijuana
Supreme Court Asks Feds to Weigh in on Medical Marijuana Workers Compensation Cases. The Supreme Court has asked the Justice Department to submit a brief in a pair of workmen's compensation cases revolving around medical marijuana. The question is whether federal law protects employers who do not cover medical marijuana costs for workers injured on the job even in states that require it. The answer will depend on an interpretation of the constitution's supremacy clause. The cases involve Minnesota workers who sought workers compensation for medical marijuana expenses after being hurt on the job. The Minnesota Supreme Court has ruled that the claims were invalid because marijuana remains illegal under the federal Controlled Substances Act.
International
US Resume Avocado Imports from Mexico, Paused by Potential Cartel Threat. Guacamole lovers, take heart! A week-long shutdown of avocado imports from Mexico prompted by threats to US Department of Agriculture inspectors in the state of Michoacan has ended. "The safety of USDA employees simply doing their jobs is of paramount importance," the agency said. "USDA is appreciative of the positive, collaborative relationship between the United States and Mexico that made resolution of this issue possible in a timely manner." The threats are being blamed on the Jalisco New Generation Cartel (CJNG), which is fighting local cartels for control of not only drug trafficking but also control over the lucrative avocado crop in the area.
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