List of 2017 United States cannabis reform proposals | |
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2016 ← → 2018 | |
Status | Legal for recreational use Legal for medical use Illegal |
In 2017, U.S. states proposed or are expected to propose cannabis reform legislation for medical marijuana and non-medical adult use. State-level legalization remains at odds with cannabis' status as a Schedule I narcotic under the Controlled Substances Act at the Federal level, and the Cannabis policy of the Donald Trump administration remains unclear as of early 2017. [1]
States that were expected to propose legislation included Delaware, Rhode Island, New Jersey, Texas, Virginia, Kentucky, New Mexico, Vermont, and Missouri. [2]
State | Detail |
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Delaware | A legalization bill was introduced by state senator Margaret Rose Henry in March, 2017. [3] |
Kentucky | The Cannabis Compassion Act (BR 409) for medical cannabis was filed in December, 2016. [4] |
Michigan | On May 17, the Michigan Secretary of State approved for signature collection a voter initiative which will, if it becomes law, allow adult possession of 2.5 ounces of cannabis, and create a state regulatory system for production and sale in Michigan. [5] [6] The initiative's sponsor, Coalition to Regulate Marijuana Like Alcohol, is the state level activity of the national Marijuana Policy Project. [7] |
Missouri | A legalization initiative was certified to begin gathering signatures by Missouri's Secretary of State in January. The previous year, an initiative failed the threshold to appear on the ballot by 23 signatures. [8] |
New Hampshire | HB 640, a bill to decriminalize possession of a fraction of an ounce of cannabis was passed by voice vote on June 1 and sent to the governor for his signature to become law. [9] The governor, Chris Sununu, has expressed his intention to sign the bill. [10] [11] |
New Jersey | In February, state senator Nicholas Scutari said he would introduce legislation to legalize cannabis in the state. [12] |
Rhode Island | Rhode Island state senator Joshua Miller and representative Scott Slater said they planned to introduce a legalization bill for the seventh straight year in 2017. [13] |
Tennessee | In August, the state's Lieutenant Governor Randy McNally and House Speaker Beth Harwell announced in a letter that they intended to form an ad-hoc committee to consider legalization of medical marijuana. [14] [15] |
Texas | On April 3, 2017, a bill decriminalizing possession of under an ounce of cannabis cleared a committee for consideration by the state house. [16] Other legislation included SB 269, introduced by state senator Jose Menendez, which would go beyond then-current legal status of CBD oil, and completely legalize medical cannabis. [17] State senator José R. Rodríguez introduced a similar bill, Senate Joint Resolution 18, and SJR 17 to put non-medical legalization to a statewide ballot in November. [17] |
Vermont | An updated version of a failed 2016 Senate bill was passed on April 21. [18] On May 3, the state House passed its own version of legalization. The two bills needed to be reconciled. [19] [20] On May 10, the joint bill legalizing cannabis was approved by the state legislature, for the first time in U.S. history. [21] On May 24, Governor Phil Scott vetoed the bill. [22] |
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. Despite this, most states have legalized either or both the medical and recreational use of cannabis.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in Vermont as of May 2004 is legal for medical use, and legal for recreational use as of July 1, 2018.
Cannabis is strictly illegal in Wyoming. The state has some of the strictest cannabis laws in the United States. Cannabis itself is not allowed for medical purposes, but a 2015 law allows limited use of non-psychoactive Cannabidiol. An effort is ongoing to place two initiatives on the 2022 ballot, one to legalize medical cannabis, and the other to decriminalize personal use.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.
Cannabis in Missouri is illegal for recreational use, but decriminalized through legislation passed in 2014. Medical use was legalized in 2018 through a ballot initiative to amend the state constitution. The first licensed sales began in October 2020.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in Delaware is illegal for recreational use, though decriminalized for possession of small amounts. Medical use of cannabis is permitted for adult patients with certain serious illnesses.
Cannabis in Maryland is legal for medical use and illegal for recreational use, but possession of 10 grams or less is decriminalized. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Cannabis in Ohio is legal for medical use and illegal for recreational use. Since 1975, possession of up to 100 grams has been decriminalized, with several of the state's major cities having enacted further reforms. Medical use was legalized in 2016 through a bill passed by the state legislature.
The Donald Trump administration took positions against marijuana and against the easing of laws regarding marijuana. Although Trump indicated during his 2016 presidential campaign that he favored leaving the issue of legalization of marijuana to the states, his administration subsequently upheld the federal prohibition of cannabis, and Trump's 2021 fiscal budget proposal included removing protections for state medical marijuana laws. In 2018, the administration rescinded the 2013 Cole Memorandum, an Obama-era Justice Department policy that generally directed federal prosecutors not to pursue marijuana prosecutions in states where marijuana is legal as a matter of state law.
I look forward to signing House Bill 640 into law.