List of 2019 United States cannabis reform proposals | |
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2018 ← → 2020 | |
Status | Legal for recreational use Legal for medical use Illegal |
In 2019, twenty seven U.S. states proposed cannabis reform legislation for medical marijuana and non-medical adult use. [1] State-level legalization remains at odds with cannabis' status as a Schedule I narcotic under the Controlled Substances Act at the Federal level.
Major publications predicted several state legislatures would propose legislation in 2019, or voters would do so directly via initiative. These included Connecticut, Hawaii, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Rhode Island and Illinois. [2] [3] [4] Ohio Marijuana Legalization Initiative (filed in 2018) may appear on the 2019 ballot. [5]
State | Title | Detail |
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Arkansas | HB 1972 | Arkansas HB 1972, proposed decriminalization [19] |
Alabama | SB98 | Alabama SB98, proposed decriminalization (approved by Senate Judiciary Committee [20] ) |
Arizona | Proposition 207 | Arizona Proposition 207, Smart and Safe Arizona Act: a legalization initiative on the 2020 ballot [21] [22] |
Connecticut | House Bill 7371 | Connecticut House Bill 7371, proposed legalization and regulation, and SB 1085, legalizing possession, and expunging past convictions (approved by finance, general law, and judiciary committees) [23] [24] [25] |
Delaware | HB 110 | Delaware HB 110 legalization (approved by House Revenue & Finance Committee June 5 [26] ) |
Florida |
| |
Hawaii | Hawaii SB 686, proposed legalization | |
Idaho | Idaho hemp and medical cannabis initiative (filed) [33] [34] | |
Missouri | HB 1095 | Missouri HB 1095, proposed decriminalization [36] |
New Hampshire | House Bill 481 | New Hampshire House Bill 481, proposed legalization (passed House of Representatives April 4 [37] ) |
New Jersey | New Jersey Cannabis Regulatory and Expungement Aid Modernization Act, proposed legalization and regulation, to become 2020 voter referendum
| |
New Mexico | House Bill 356 | New Mexico House Bill 356, proposed legalization and regulation (failed)
|
New York | New York Marijuana Regulation and Taxation Act (S1527/A1617), legalization and regulation [40] | |
Pennsylvania | H.B. 1899 | Pennsylvania H.B. 1899, adult use legalization and sales through state liquor stores; introduced October 1, 2019 [41]
|
South Dakota |
| |
Texas | House Bill 63 | Texas House Bill 63, proposed decriminalization (passed Criminal Jurisprudence Committee on March 25, [45] passed in House of Representatives April 29 [46] ) |
Virginia | House Bill 2371 | Virginia House Bill 2371 proposed legalization; it was defeated in the Courts of Justice committee. [47] |
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, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.
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 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.
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.
Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.
Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.
Cannabis is legal in Illinois for both medical and recreational use. Illinois became the eleventh state in the US to legalize recreational marijuana effective January 1, 2020.
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.
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 Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. 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 recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.
The Cannabis Regulation and Tax Act is an act legalizing and regulating the production, consumption, and sale of cannabis in Illinois. It was approved by both houses by May 31, 2019 and came into effect January 1, 2020.
The Marijuana Opportunity Reinvestment and Expungement Act, also known as the MORE Act, is a proposed piece of U.S. federal legislation that would deschedule cannabis from the Controlled Substances Act and enact various criminal and social justice reforms related to cannabis, including the expungement of prior convictions.