List of 2018 United States cannabis reform proposals

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List of 2018 United States cannabis reform proposals
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Legality of cannabis in the United States (2023)
Status
  Legal for recreational use
  Legal for medical use
  Illegal

In 2018, 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 appeared to become more hostile than that of the previous administration, with the early January rescission of the Cole Memorandum.

Contents

States expected to be most likely to propose legislation to fully legalize include Michigan, New Hampshire, New Jersey, and Rhode Island. [1] Other possible full legalization states include Connecticut, Delaware, and Ohio; medical marijuana proposals were under way or expected in Oklahoma, Kentucky, South Dakota, and Utah. [2]

Federal

In the House of Representatives, Democratic Representatives Barbara Lee of California and Representative Ro Khanna, of the same state, introduced the Marijuana Justice Act, the counterpart of a Senate Bill 1689 which was introduced in 2017 by Senator Cory Booker. [3] [4]

A bipartisan bill, the Sensible Enforcement Of Cannabis Act, was introduced in February. [5]

In late March, Senate Majority Leader Mitch McConnell announced he would introduce the Hemp Farming Act of 2018. It would expand the experimental hemp production allowed under the 2014 farm bill, removing hemp from Schedule I controlled substances and making it an ordinary agricultural commodity. [6] [7] [8] He introduced the bill on the Senate floor on April 12. [9]

On April 11, President Donald Trump told Senator Cory Gardner of Colorado that he would "support congressional efforts to protect states that have legalized marijuana". [10] A bill to resolve the state-Federal conflict was still "a work in progress" but seemed to a Colorado cannabis industry group be implicit in Gardner's comments afterwards. [11] California Senator Dianne Feinstein made a surprising reversal of her prior stance against state or federal legalization in May and said she was "open to supporting" the Gardner bill. [12] Gardner and Senator Elizabeth Warren introduced the STATES Act in June to apply Federal prohibition only in states that did not have state-level legalization. [13]

State

In summary, Vermont passed legislation legalizing cannabis statewide in January, the first time legalization occurred via legislature, not initiative. Utah legalized medical cannabis without THC restrictions for some patients in March. Industrial hemp laws were passed in Alaska, Kansas and Oklahoma in April, and a New Mexico Supreme Court decision ordered the promulgation of a 2017 hemp bill. Oklahoma legalized medical cannabis in June.

StateDetail
AlaskaSenate Bill 6, allowing industrial hemp farming, was passed unanimously by both chambers of the state legislature, with passage in the House occurring on February 19, 2018. [14] [15] It was signed into law by the governor on April 13. [16]
ArizonaAn initiative to legalize hemp, defined as cannabis with less than 0.4% THC, was listed by the Secretary of State as a potential November, 2018 ballot measure. [17] [18]
ColoradoHouse Bill 1295 passed both houses of the state legislature, unanimously in the Senate, by April. It would "regulate hemp like any other food ingredient". A provision of the bill prohibits pharmaceutical companies from "interfering" with distribution or sale of naturally occurring (CBD-containing) hemp products. [19]
ConnecticutIn April, HB 5394, a bill to "require multiple state agencies to coordinate and develop a plan to legalize and regulate cannabis sales by October 1" was referred from the Appropriations Committee to the state General Assembly. [20] [21]

This was the first time a legalization bill made it out of committee in the Connecticut legislature. [22]

GeorgiaState senator Curt Thompson introduced SB 344, legislation to legalize cannabis, in January. [23] [24] Atlanta had decriminalized the substance in 2017. [25]
IllinoisVoters in Cook County answered 68% "yes" on a March referendum on statewide cannabis legalization. [26] [27] Earlier in March, the state senate had voted 73–13 to approve a bill sponsored by Bill Cunningham, presenting a statewide referendum on legalization in November. [28]

Proposed legalized, regulated sales:

SB316 and HB2353, which would create a regulated legalized adult-use system in Illinois, were introduced in 2017 and were still under consideration by the legislature in 2018. [27] [29]

Hemp: A hemp bill, SB 2298, passed the state Senate unanimously on April 24. It would remove industrial hemp from the state's legal definition of a drug, and put it under regulation by the state Department of Agriculture. [30] The bill passed the state House of Representatives 106–3 on May 25. [31]

IowaThe Iowa state Senate passed File 2398, the "Iowa Industrial Hemp Act", 49–0 on April 4. [32]
KansasIn March, Kansas Senate Bill 263, legalizing a hemp research and production pilot under the state's Department of Agriculture in accordance with the Federal 2014 Farm Bill, cleared the state House of Representatives 123 to 1 and the state Senate 36 to 3. [33] The bill was signed into law by the governor on April 20. [34] [35]
MassachusettsAlthough the legalization of cannabis in Massachusetts for recreational use was passed in a 2016 ballot, the purchase of recreation cannabis is still not legal in the state. The Massachusetts state legislature, who opposed the ballot question, have delayed the opening of any recreational dispensaries through additional regulatory means.
MichiganAs of January, 2018 a group had submitted over 300,000 signatures for the 2018 Michigan Marijuana Legalization Initiative pending certification by the state for the 2018 general election ballot. [1] The state certified the initiative on April 26. [36] Proposal 1 was approved by voters on November 6, and the Secretary of State certified the election returns as of November 26, and as such, the proposal must become law in Michigan by no later than December 6.
MissouriSB 547 and HB 2034 were introduced to legalize hemp farming. The senate bill passed on March 15. [37] [38] [39]

Several versions of "Missouri Cannabis and Cannabis Hemp Legalization Initiative" were proposed to amend the Missouri state constitution. Initiative 2018-134 would allow prescription of cannabis by veterinarians. [40]

On May 1, the state House passed a bill to allow medical cannabis for conditions including cancer and PTSD. [41]

On May 3, New Approach Missouri and Find the Cure submitted two initiatives to the state for the November ballot. Each would amend the state constitution to allow medical cannabis. Both groups claimed to have conducted independent verification of over 300,000 signatures against the required 160,000. [42] [43] [44]

New HampshireThe New Hampshire state House of Representatives voted to legalize recreational marijuana on January 9. The bill, legalizing possession but not sale, was sent to the Ways and Means committee to hold hearings and study implementation. [45] [46]
New JerseyOn the legislature's opening day, January 9, Senate Bill 830 was introduced by Sen. Nicholas Scutari. It which would create a legal framework for cannabis sales in the state under a Division of Marijuana Enforcement, and allow personal possession of up to one ounce. Assembly Bill 1348, an identical bill, went to the house. [47] [48]

In February, a bill decriminalizing possession of 10 grams of cannabis was introduced by a bipartisan group of legislators. [49]

In March, governor Phil Murphy said he wanted a tax-and-regulate bill passed by the legislature by year's end, and projecting such a measure would pass, included $60 million from cannabis tax revenues in the next year's state budget proposal. [50] [51]

New MexicoIn April, the Albuquerque City Council voted to decriminalize possession of one ounce of cannabis. [52]

In April, the state Supreme Court ruled unconstitutional an earlier governor's veto of two hemp bills that had passed the legislature. It was reported that SB6, which passed 58-8 and 37–2 in the House and Senate respectively, would probably become the basis for state law. [53] [54] The state Department of Agriculture commenced rulemaking for a hemp research program at the end of April as authorized by SB6. [55]

North CarolinaRepresentative Kelly Alexander introduced House Bill 944 in May, which would raise the threshold for class one misdemeanor possession of cannabis (carrying jail time penalty) to four ounces, and allow expunging records of those previously convicted of that amount. [56] [57]
OklahomaHouse Bill 2913, a bill legalizing hemp production under the "Oklahoma Industrial Hemp Agricultural Pilot Program", passed the state senate unanimously and with one "nay" vote in the state house on April 17. [58] It was signed into law by the governor on April 25. [59]

State Question 788, a statutory initiative creating a legal medical cannabis program, was passed by voters during the June 26, 2018 primary. [60]

In April, two other initiatives, SQ 796 and SQ 797, qualified for signature gathering in advance of the general election. The latter would legalize adult-use (recreational) cannabis in Oklahoma. Both are proposed constitutional amendments and could not be changed by the state legislature. [61]

TennesseeOn March 21, the Tennessee House of Representatives ' Criminal Justice Committee voted 9–2 to approve the Medical Cannabis Only Act of 2018. [62] The state senate killed the bill before the legislature adjourned. An issue of concern was there was no taxation or regulatory system in place under the house proposal. [63]

In June two Republican state senators introduced Tennessee Responsible Use of Medicinal Plants (TRUMP) Act to legalize medical cannabis in Tennessee. [64] [65]

Utah

A group called Utah Patients Coalition filed the Utah Medical Cannabis Act initiative in June, 2018. [66] By the beginning of the year, the group had gathered more than half of the 113,000 signatures required to get an initiative for medical cannabis on the November ballot. [67] The initiative allows for topicals, cannabis oil, cannabis edibles and vaping, [68] but not smoking. Polls in the second half of 2017 showed up to 78% support for the initiative. [69]

In February, the state house passed HB 197 as an alternative to the initiative. Under HB 197, the Utah Department of Agriculture and Food would grow and supply cannabis to patients. [70] A matching bill, HB 195, is a right-to-try law for terminally ill patients. [71] On March 7, the bills were passed "easily" by the state senate, [72] [73] and on the 15th and 16th the bills were sent to the governor to be signed into law. [71] [74] On March 21, the governor signed HB 195 but not 197. [75]

On March 26, the Lieutenant Governor's office validated 117,000 signatures on the Utah Medical Cannabis Act initiative, enough for it to get on the November ballot. [76]

Vermont

Vermont legalized cannabis possession by an act of the state legislature, and signed by the governor, on January 22, 2018.

Territory

The CNMI Cannabis Act of 2018 was introduced to the Northern Mariana Islands Commonwealth Legislature in 2017, and was passed by the Senate in May, 2018.

Related Research Articles

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

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.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span> Cannabis laws by state and territory

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. Despite this, most states have legalized either or both the medical and recreational use of cannabis.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

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.

<span class="mw-page-title-main">Cannabis in Wisconsin</span> Overview of the use and culture of cannabis in Wisconsin, U.S.

Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.

<span class="mw-page-title-main">Cannabis in Utah</span> Legality, use and culture of cannabis in the U.S. state of Utah

Cannabis in Utah is illegal for recreational use. Possession of small amounts is punishable as a misdemeanor crime. Medical use was legalized by ballot measure in November 2018, after a CBD-only law was passed in 2014 and a limited "right to try" law was passed in March 2018.

<span class="mw-page-title-main">Cannabis in Iowa</span> Legality, use and culture of cannabis in the U.S. state of Iowa

Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.

<span class="mw-page-title-main">Cannabis in Idaho</span> Illegal activity

Cannabis in Idaho is fully illegal for any use, whether recreational or medical. The laws on cannabis prohibition in Idaho are among the most severe in the United States, with possession of even small amounts of it is a misdemeanor crime, and no legality of medical marijuana. As of 2018, support for the legalization of medical cannabis is broadly popular in the state, while legalization of the drug recreationally remains a wedge issue. Both the state's legislature as a whole and its governor, Brad Little, remain staunchly opposed to its legalization for medicinal or recreational purposes.

<span class="mw-page-title-main">Cannabis in Kentucky</span> Legality, use and culture of cannabis in the U.S. state of Kentucky

Cannabis in Kentucky is illegal for recreational use, and legal for medical use under executive order, with full medical legalization statute taking effect in 2025. Non-psychoactive CBD oil is also legal in the state, and Kentucky has a lengthy history of cultivating industrial hemp for fiber since 1775.

<span class="mw-page-title-main">Cannabis in North Dakota</span> Legality, use and culture of cannabis in the U.S. state of North Dakota

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

<span class="mw-page-title-main">Cannabis in Virginia</span> Legality, use and culture of cannabis in the U.S. state of Virginia

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.

<span class="mw-page-title-main">Cannabis in Texas</span> Overview of the use and culture of cannabis in Texas, U.S.

Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.

<span class="mw-page-title-main">Cannabis in Missouri</span> Legality, use and culture of cannabis in the U.S. state of Missouri

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Hawaii</span> Legality, use and culture of cannabis in the U.S. state of Hawaii

Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.

<span class="mw-page-title-main">Cannabis in New Mexico</span> Overview of the use and culture of cannabis in New Mexico, U.S.

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.

<span class="mw-page-title-main">2022 Maryland Question 4</span> Referendum to legalize recreational marijuana in Maryland

Question 4 was a voter referendum to amend the Constitution of Maryland in order to legalize cannabis for adult use in Maryland. The referendum was approved overwhelmingly, with more than twice as many voters voting in favor of it than against it, on November 8, 2022, and will go into effect on July 1, 2023.

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  74. ↑ HB 197 bill status Archived 2018-03-18 at the Wayback Machine , Utah legislature, accessed March 17, 2018
  75. ↑ Ben Lockhart (March 21, 2018), Utah governor signs bill allowing medical marijuana use by terminally ill patients, KSL-TV, archived from the original on March 23, 2018, retrieved March 22, 2018
  76. ↑ Ben Winslow (March 26, 2018), It looks like medical marijuana will be on the November ballot in Utah, Salt Lake City: KSTU News, archived from the original on March 28, 2018, retrieved March 28, 2018
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