List of 2020 United States cannabis reform proposals | |
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2019 ← → 2021 | |
Status | Legal for recreational use Legal for medical use Illegal |
Legalization of cannabis was considered in several U.S. states in 2020. States considered likely to legalize it for recreational use included Arizona, Florida, New Jersey, New Mexico, and New York. [1] [2] [3] [4]
At the beginning of 2020, 11 U.S. states had fully legalized cannabis, creating a "quasi post-Prohibition landscape" according to CNN. [5] Politico reported that the number of states with some form of legalization could reach 40 by year's end. [4] This remained at odds with Federal prohibition at the beginning of the year (see List of Schedule I drugs (US)), although the House of Representatives held hearings in January on bills that could reschedule the substance or deschedule it entirely. [6]
Cannabis legalization was ultimately approved via November ballot measures in four states: Arizona (Proposition 207, 60% Yes), Montana (Initiative 190, 57% Yes), South Dakota (Amendment A, 54% Yes), and New Jersey (Question 1, 67% Yes). Additionally, medical cannabis was legalized via ballot measures during the same election in Mississippi and South Dakota. South Dakota would have become the first state to legalize medical and recreational cannabis simultaneously, but Amendment A was overturned in court the following February; this marked the first time that a legalization ballot measure was overturned. [7] Observers noted that cannabis legalization was approved in states with both conservative and liberal electorates, making it one of the few issues to gain broad bipartisan support in an otherwise highly divisive election. [8]
Vermont, which had previously legalized marijuana possession and home growing, legalized retail marijuana sales in 2020. [9]
Once all ballot measures took effect in 2021, a total of 14 states had legalized cannabis for recreational use.
State | Title | Detail |
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Alabama | SB165 | Medical cannabis, approved by Senate judiciary committee on February 19 [10] |
Arkansas | Two Arkansas initiatives, both of which are a proposed constitutional amendment for legalized adult cannabis use, were cleared to receive electronic signatures in May. [11] | |
Arizona | Prop 207 | Arizona Proposition 207, legalizing and regulating adult use, was approved by the state Secretary of State for the 2020 ballot on August 10. [12] |
Connecticut | SB 16 | Connecticut bills to enable adult-use legalization were introduced on February 6 by Senate President Pro Tempore Martin Looney and House Speaker Joe Aresimowicz, the day after Governor Ned Lamont called for legalization in the State of the State address. [13] |
Idaho | Signature gathering for Idaho Medical Marijuana Act was derailed by the COVID-19 pandemic and the sponsors abandoned it in March. A June federal court ruling on another case raised the possibility for electronic signature gathering to continue or for the initiative to be placed on the ballot by fiat. [14] | |
Kentucky | Kentucky medical cannabis bill HB136 was pre-filed in November 2019 for the early 2020 legislative session [15] [16] It was passed by the House Judiciary Committee 17–1 on February 12. [17] | |
Minnesota | HF 4632 | Minnesota HF 4632 was introduced by state House of Representatives majority leader Ryan Winkler (DFL) on May 6. It was a comprehensive 222 page bill including adult-use legalization and regulation via the establishment of a Cannabis Management Board, and expungement of past cannabis-related convictions. There were 33 cosponsors the day it was introduced. [18] [19] |
Mississippi | Mississippi removed from the state schedule, FDA-approved drugs derived from cannabis. [20] At the time it was enacted, this comprised only Epidiolex.
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Missouri | The Missouri Secretary of State had approved four adult-use legalization initiatives for signature gathering by the end of January. [22] | |
Montana | I-190 | Montana I-190 submitted by New Approach Montana to the Montana Secretary of State in January. On August 13, the Montana Secretary of State announced it had qualified for the November ballot. [23] |
Nebraska | Sponsors for a Nebraska medical cannabis initiative announced in early July that they had gathered sufficient signatures to appear on the November ballot. [24] On August 27, the Nebraska Secretary of State approved the measure for the November ballot. [25] | |
New Hampshire | SB 420 | New Hampshire SB 420, passed in the Senate on February 6, would allow qualified adults to grow cannabis for their own medical use or for those under their care. [26]
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New Jersey | S2535 | New Jersey S2535, decriminalization for possession of up to 16 ounces of cannabis, was introduced June 4 by state senators Sandra Cunningham, Teresa Ruiz and Ron Rice. [30] [31] |
New Mexico | SB115 | New Mexico SB115, adult use legalization, was introduced January 16, 2020 for a 30-day session beginning later in the month. The plan included a low-income medical cannabis user fund. [34] [35] The bill was approved in the Senate Public Affairs Committee on January 28, [36] then tabled by the Judiciary Committee on February 12. [37]
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New York | A New York bill sponsored by Senator Liz Krueger and Assemblymember Crystal Peoples-Stokes would set the legal cannabis possession limit for adults at 3 ounces, the highest limit in the nation, and three times the amount preferred by Governor Cuomo. [41] | |
Ohio | Ohio Regulate Marijuana Like Alcohol Amendment initiative was filed for state Attorney General approval on March 2. [42] A federal judge ruled in May that the state must accept electronic signatures for the initiative. [43] | |
Oklahoma | State Question 807 | Oklahoma State Question 807, an initiated amendment to the Constitution of the State of Oklahoma that would legalize adult-use ("recreational") cannabis, was filed on December 27, 2019, for the November 2020 ballot. [44] [45] |
South Dakota | South Dakota Constitutional Amendment A, adult-use legalization, was announced as qualified for the ballot by the Secretary of State on January 6. [46] | |
Tennessee | SB1849 | Tennessee SB1849, legalizes possession of half ounce or less, introduced in January [49] |
Vermont | S.54 | Vermont S.54, allowing taxed and regulated sale of cannabis to adults, under a state Cannabis Control Commission, was reconciled by the House and Senate and passed by the House of Representatives 92–56 on September 17. [50] |
Virginia | House Bill 972 | Virginia House Bill 972, decriminalization of possession of half ounce or less cannabis, was referred by committee on February 5 for a full House of Delegates vote. [51] [52] Senate Bill 2, with similar provisions, was referred out of committee in January. [53] Both bills passed in their respective chamber by February 10. [54] The bills were reconciled and sent to the governor on March 8. [55] It was signed by the state governor on April 11, with a proposed change of due date for a legalization report. [56] According to National Law Review in mid May, it was likely to become law, with implications for allowable pre-employment questions. [57] The governor signed the bill into law on May 21. [58]
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The Oglala Sioux Tribe approved a referendum to allow medical and non-medical cannabis at the Pine Ridge Reservation on March 10. [62]
The following was qualified by the initiative process in 2019 for the 2020 ballot.
The following was approved by the state legislature in 2019 for the 2020 ballot.
28 candidates challenging the United States President in the 2020 election declared positions on cannabis reform. None of them were for continuing prohibition, with positions including Federal legalization (22 candidates, including Republican challenger William Weld), states' choice (five candidates), and Federal decriminalization (one candidate). [73] [74] Legalization was among the executive orders drafted by candidate Bernie Sanders for his first 100 days in office, [75] and candidate Elizabeth Warren promised executive action to deschedule marijuana if Congress did not do so by passing the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. [76] [77] Presumptive Democratic candidate Joe Biden reaffirmed his pursuit of national decriminalization in a "Plan for Black America" announced in May. [78]
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 Vermont as of May 2004 is legal for medical use, and legal for recreational use as of July 1, 2018.
Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.
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 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 Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, 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.
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 New Hampshire is illegal for recreational use and decriminalized for possession of up to three-quarters of an ounce (21 g) as of July 18, 2017. Medical use is legal through legislation passed in 2013.
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.
New Jersey Public Question 1, the Constitutional Amendment To Legalize Marijuana, was a measure that appeared on the November 3, 2020 New Jersey general election ballot. Passing with the largest margin of victory of any statewide cannabis legalization ballot measure in US history, Question 1 legalized the possession and recreational use of cannabis; although planned to go into effect January 1, 2021, implementation was delayed until February 22 due to a dispute between the governor and legislature over penalties for underage cannabis users. Retail sales are also allowed under the amendment.
U.S. President Joe Biden stated in February 2021 that his administration will pursue cannabis decriminalization as well as seek expungements for people with prior cannabis convictions. It can still be found on his campaign website under sentencing reform. As of October 2022, Biden pardoned thousands of people convicted of marijuana possession under federal law. However, according to the Marshall Project, nobody was released from prison as a result of the October 2022 pardons, as no federal inmates were incarcerated for simple marijuana use at the time.