The House of Representatives passed a standalone marijuana reform bill for the first time in history on Wednesday.
The chamber advanced the legislation—which would protect banks that service the cannabis industry from being penalized by federal regulators—in a vote of 321-103.
All but one Democrat voted in favor of the bill. Republicans were virtually split, with 91 voting for the legislation and 102 opposing it.
For six years, lawmakers have been pushing for the modest reform, which is seen as necessary to increase financial transparency and mitigate risks associated with operating on a largely cash-only basis—something many marijuana businesses must do because banks currently fear federal reprisal for taking them on as clients.
Watch the House debate and vote on marijuana banking below:
The Secure and Fair Enforcement (SAFE) Banking Act is sponsored by Rep. Ed Perlmutter (D-CO). It cleared the House Financial Services Committee in March and was officially scheduled for a floor vote last week. The vote was held through a process known as suspension of the rules, meaning it required two-thirds of the chamber (290 members if all were present) to approve it for passage.
#SAFEBanking is a big deal for the thousands of employees, biz & communities who have been forced to deal in piles of cash. Only Congress can provide the certainty financial institutions need to start banking cannabis-related legitimate businesses. It's time to pass #SAFEBanking. https://t.co/ldZRxiMHsm
— Rep. Ed Perlmutter (@RepPerlmutter) September 25, 2019
While the House has approved historic cannabis amendments in the past, including one this summer that would protect all state marijuana programs from federal intervention, those have had to be renewed annually. This is the first time a standalone reform bill was approved in the chamber, and the policy will be permanently codified into law if the Senate follows suit and the president signs it.
“If someone wants to oppose the legalization of marijuana, that’s their prerogative, but American voters have spoken and continue to speak and the fact is you can’t put the genie back in the bottle. Prohibition is over,” Perlmutter said on the floor. “Our bill is focused solely on taking cash off the streets and making our communities safe and only congress can take these steps to provide this certainty for businesses, employees and financial institutions across the country.”
Americans across the country are voting to approve some level of marijuana use & we need these marijuana businesses & employees to have access to checking accounts, lines of credit & more. #SAFEBanking will improve transparency & reduce the public safety risk in our communities.
— Rep. Ed Perlmutter (@RepPerlmutter) September 25, 2019
Rep. Denny Heck (D-WA) made an impassioned case for the bill, sharing an anecdote about a security guard who worked for a cannabis shop who was killed on the job and emphasizing that the legislation would mitigate the risks of violent crime at these businesses.
“You can be agnostic on the underlying policy of whether or not cannabis should be legal for either adult recreational use or to treat seizures, but you cannot be agnostic on the need to improve safety in this area,” he said.
“This bill is not only timely, but extremely necessary,” Rep. Barbara Lee (D-CA) said. “Right now the cannabis industry needs access to safe and effective banking immediately.”
Rep. Patrick McHenry (R-NC), ranking member of the House Financial Services Committee, raised concerns about the legislation and suggested that the bill would provide drug cartels with access to financial services. He was one of just three lawmakers who rose in opposition to the bill, with the remaining time on the opposition end having been yielded to supporters.
The legislation hasn’t been without controversy, even among pro-reform advocates. After Majority Leader Steny Hoyer (D-MD) announced his intent to put the bill on the floor by the end of the month, several leading advocacy groups including the ACLU, Drug Policy Alliance (DPA) and Center for American Progress wrote a letter asking leadership to delay the vote until comprehensive legalization legislation passed.
The groups has expressed concerns to Financial Services Chairwoman Maxine Waters (D-CA) that approving the banking bill first could jeopardize the chances of achieving more wide-ranging reform that addressed social equity issues such as legislation introduced by Judiciary Chairman Jerrold Nadler (D-NY). They said they were caught off guard when Hoyer announced the vote.
But as the vote approached, advocates and lawmakers wasted no time emphasizing the need to go further than the banking bill.
“I have long fought for criminal justice reform and deeply understand the need to fully address the historical racial and social inequities related to the criminalization of marijuana,” Waters said in a press release on Tuesday. “I support legislation that deschedules marijuana federally, requires courts to expunge convictions for marijuana-related offenses, and provides assistance such as job training and reentry services for those who have been disproportionately affected by the war on drugs.”
She reiterated that point during debate on the floor, stating that the banking legislation “is but one important piece of what should be a comprehensive series of cannabis reform bills.”
Nadler also released a statement stating that while he would vote yes on the SAFE Banking Act, he is “committed to marking up [his legalization bill] and look[s] forward to working with reform advocates and my colleagues in this important effort going forward.”
Hoyer also weighed in on the need for broader reform in a statement on Wednesday.
“I am proud to bring this legislation to the Floor, but I believe it does not go far enough,” he said. “This must be a first step toward the decriminalization and de-scheduling of marijuana, which has led to the prosecution and incarceration of far too many of our fellow Americans for possession.”
Rep. Steve Cohen (D-TN) applauded the Judiciary Committee chairman for announcing he will hold a markup of comprehensive cannabis legalization following this vote.
The #MOREAct would legalize #marijuana, require resentencing & expungement for old marijuana convictions, & invest money in communities most affected by the failed War on Drugs. This is real reform. I’m pleased @HouseJudiciary will be considering this bill. #LegalizeIt https://t.co/szWiRdX2yz
— Steve Cohen (@RepCohen) September 25, 2019
“Today’s vote is a significant first step, but it must not be the last. Much more action will still need to be taken by lawmakers,” NORML Political Director Justin Strekal told Marijuana Moment. “In the Senate, we demand that lawmakers in the Senate Banking Committee hold true to their commitment to move expeditiously in support of similar federal reforms. And in the House, we anticipate additional efforts to move forward and pass comprehensive reform legislation like The MORE Act—which is sponsored by the Chairman of the House Judiciary Committee—in order to ultimately comport federal law with the new political and cultural realities surrounding marijuana.”
Steve Hawkins, executive director of the Marijuana Policy Project, said the “cannabis industry can no longer proceed without the same access to financial services that other legal companies are granted.”
“This decision is an indication that Congress is more willing than ever to support and take action on sensible cannabis policies. The passage of the SAFE Banking Act improves the likelihood that other cannabis legislation will advance at the federal level. It is important to recognize that the SAFE Banking Act, if passed by the Senate and signed into law by the president, would strengthen efforts to increase the diversity of the cannabis industry.”
“We applaud the House for approving this bipartisan solution to the cannabis banking problem, and we hope the Senate will move quickly to do the same,” Neal Levine, CEO of the Cannabis Trade Federation, said. “This vital legislation will have an immediate and positive impact, not only on the state-legal cannabis industry, but also on the many communities across the nation that have opted to embrace the regulation of cannabis.”
“Allowing lawful cannabis companies to access commercial banking services and end their reliance on cash will greatly improve public safety, increase transparency, and promote regulatory compliance,” he said.
DPA noted that it had “no objections to the substance of the SAFE Banking bill,” but that the organization and its allies However, DPA and allies “sent a letter of concern because we believe it is a mistake for the House to pass an incremental industry bill before passing a comprehensive bill that prioritizes equity and justice for the communities who have suffered the most under prohibition.”
“We are encouraged by the announcement from House Judiciary Chairman Jerry Nadler that he intends to hold a vote on MORE and will push him in the coming weeks to commit to a date,” DPA Policy Coordinator Queen Adesuyi said. “We also thank Majority Leader Hoyer for his commitment to work with Mr. Nadler and others to advance broader marijuana reform in this Congress.”
“The marijuana banking bill cannot be the end of the road for marijuana reform this Congress,” she said.
Ahead of the vote, Rep. Joe Neguse (D-CO) said “Only Congress can provide the certainty financial institutions need to start banking cannabis-related legitimate businesses” and that he’s “proud to support the SAFE Banking Act today to support hard-working Coloradans and their families.”
Only Congress can provide the certainty financial institutions need to start banking cannabis-related legitimate businesses.
I'm proud to support the #SAFEBanking Act today to support hard-working Coloradans and their families.
— Rep. Joe Neguse (@RepJoeNeguse) September 25, 2019
Rep. Kendra Horn (D-OK), said in a floor speech earlier on Wednesday morning that current law is “endangering communities as well as inhibiting small businesses from growing.”
“This industry is bringing revenue to our state, creating small businesses and helping those suffer with physical illness to relieve their ailments,” she said. “The SAFE Banking Act supports this growing Oklahoma industry, our banks and works to keep Oklahomans that work in and around this industry safe.”
“Access to safe banking is a big deal for the businesses and employees in New Mexico who work in the cannabis industry. It’s why I’m a cosponsor of the SAFE Banking Act & will be voting for it today,” Rep. Deb Haaland (D-NM) said.
Access to safe banking is a big deal for the businesses and employees in New Mexico who work in the cannabis industry. It’s why I’m a cosponsor of the #SafeBankingAct & will be voting for it today. https://t.co/zoiKwvUkG0
— Rep. Deb Haaland (@RepDebHaaland) September 25, 2019
Many have viewed the banking proposal as the first step on the pathway to ending federal cannabis prohibition, and it’s consistent with an agenda outlined by Rep. Earl Blumenauer (D-OR) last year through which he suggested that committees advance incremental marijuana reforms under their respective jurisdictions, leading up to the eventual passage of a full legalization bill.
“We’re in this fix today because Congress has refused to provide the partnership and the leadership that the states demand,” Blumenauer said on the floor. ”The states aren’t waiting for us.”
“This is an important foundation, but it’s not the last step,” he said. We have important legislation that’s keyed up and ready to go. This approval today will provide momentum that we need for further reform that we all want and will make America safer and stronger.”
That said, while the vote signals that the House has a clear appetite for reform, it remains to be seen if the Republican-controlled Senate will approve the banking bill. Apparently anticipating that conservative lawmakers might not support the legislation as it passed out of committee, Perlmutter moved to add amendments last week that were designed to broaden its GOP appeal.
Those provisions include clarifying that hemp and CBD businesses would also be protected and stipulating that federal regulators couldn’t target certain industries such as firearms dealers as higher risk of fraud without valid reasoning.
— Rep. Ed Perlmutter (@RepPerlmutter) September 25, 2019
That’s likely to endear Senate Banking Committee Chairman Mike Crapo (R-ID) to the SAFE Banking Act. His panel held a hearing on the issue in July, and the senator said he wants to have a vote on cannabis financial services legislation by the end of the year but also suggested at the time that it might not be a copy of Perlmutter’s bill.
The hemp-focused provisions are also intended to appeal to Senate Majority Leader Mitch McConnell (R-KY), who championed the crop’s federal legalization through last year’s Farm Bill but has said he doesn’t support its “illicit cousin” marijuana.
Kevin Sabet, president of the prohibitionist group Smart Approaches to Marijuana, recognized the inevitability of the House passing the legislation hours before the vote and said Perlmutter’s amendments were key to its advancement.
It’s clear #SAFEBankingAct will pass House mainly bc of support for issues added to the bill at the last minute— like repeal of Operation Chokepoint, an initiative by Obama’s DOJ to investigate banks who do business w firearms dealers
Moms and Dads are watching #PotVapingCrisis
— Kevin Sabet (@KevinSabet) September 25, 2019
“This is a gift to Big Tobacco, which has already invested billions into pot,” Sabet said in a statement following the vote. “Granting this industry access to banks will bring billions of dollars of institutional investment from the titans of addiction and vastly expand the harms we are already witnessing.”
Full statement available here: https://t.co/cA1VG2wHMm
— SAM (@learnaboutsam) September 25, 2019
The legislation might also face pushback from some Senate Democrats who share concerns expressed by advocacy groups that it’s important to move on comprehensive reform before tackling banking. Senate Minority Leader Chuck Schumer (D-NY) and Sens. Cory Booker (D-NJ), Kamala Harris (D-CA) and Bernie Sanders (I-VT) each recently indicated that their votes could possibly be contingent on advancing a justice-focused legalization bill.
Rep. Alexandria Ocasio-Cortez (D-NY) suggested last week that she also might withhold her vote for the same reasons, but she ultimately approved it.
Tough work still lies ahead for lawmakers and advocates if they hope to enact the banking bill into law this Congress but, for the moment, there’s an air of celebration as the House made history by voting to pass a standalone cannabis reform bill for the first time.
“Having worked alongside congressional leaders to resolve the cannabis industry’s banking access issues for over six years, it’s incredibly gratifying to see this strong bipartisan showing of support in today’s House vote,” Aaron Smith, executive director of the National Cannabis Industry Association, said. “Now, it’s time for the Senate to take swift action to approve the SAFE Banking Act so that this commonsense legislation can make its way to the President’s desk.”
“This bipartisan legislation is vital to protecting public safety, fostering transparency, and leveling the playing field for small businesses in the growing number of states with successful cannabis programs,” he said.
Update: This story has been updated to include additional commentary.
Image element courtesy of Tim Evanson.
New Mexico Governor Signs Marijuana Legalization Bill, Making State Third To Enact Reform Within Days
The governor of New Mexico on Monday signed a bill to legalize marijuana in the state, as well as a separate measure to expunge records for people with prior, low-level cannabis convictions.
Gov. Michelle Lujan Grisham (D) gave final approval to the legislation, a key accomplishment for her administration after she listed legalization as a 2021 priority. Although lawmakers failed to pass a legalization bill before the regular session’s end last month, the governor convened a special session to ensure they got the job done.
“The legalization of adult-use cannabis paves the way for the creation of a new economic driver in our state with the promise of creating thousands of good paying jobs for years to come,” the governor said in a press release. “We are going to increase consumer safety by creating a bona fide industry. We’re going to start righting past wrongs of this country’s failed war on drugs. And we’re going to break new ground in an industry that may well transform New Mexico’s economic future for the better.”
We are going to increase consumer safety by creating a bona fide industry. We’re going to start righting past wrongs of this country’s failed war on drugs. And we’re going to break new ground in an industry that may well transform New Mexico’s economic future for the better.
— Michelle Lujan Grisham (@GovMLG) April 12, 2021
“As we look to rebound from the economic downturn caused by the pandemic,” she said, “entrepreneurs will benefit from this great opportunity to create lucrative new enterprises, the state and local governments will benefit from the added revenue and, importantly, workers will benefit from the chance to land new types of jobs and build careers.”
Provisions of the legalization bill and expungements legislation were initially included together in the same package that passed the House during the regular session but later stalled on the Senate floor. When the special session started, however, supporters split up the legislation to win favor from Republicans and moderate Democrats who expressed opposition to the scope of the original proposal.
With Lujan Grisham’s action, New Mexico is the third state to formally end cannabis prohibition within the span of days. New York Gov. Andrew Cuomo (D) signed a marijuana legalization bill into law late last month, just hours after lawmakers sent it to his desk. In Virginia, lawmakers last week accepted amendments to a legal cannabis bill that were suggested by Gov. Ralph Northam (D), giving final passage to the bill that they had initially approved in February.
Here are some of the main components in the New Mexico legalization bill the governor signed:
-Adults 21 and older can purchase and possess up to two ounces of cannabis, 16 grams of cannabis concentrates and 800 milligrams of infused edibles. All products will be tested by licensed laboratories for contamination and potency.
-Home cultivation of up to six mature cannabis plants will be allowed for personal use, provided the plants are out of public sight and secured from children. Households will be limited to 12 total plants. Marijuana grown at home cannot be sold or bartered.
-Legal retail sales won’t begin for another year or so, with a target date of April 1, 2022 or earlier. Final license rules will be due from the state by January 1, 2022, with licenses themselves issued no later than April 1.
-Advertising cannabis to people under 21 are prohibited, with the use of cartoon characters or other imagery likely to appeal to children forbidden. Advertisements will also be barred from billboards or other public media within 300 feet of a school, daycare center or church. All products will need to carry a state-approved warning label.
-There is no limit on the number of business licensees that could be granted under the program, or the number of facilities a licensee could open, although regulators could stop issuing new licenses if an advisory committee determines that “market equilibrium is deficient.”
-Small cannabis microbusinesses, which can grow up to 200 plants, will be able to grow, process and sell cannabis products all under a single license. The bill’s backers have said the separate license type will allow wider access to the new industry for entrepreneurs without access to significant capital.
-Cannabis purchases will include a 12 percent excise tax on top of the state’s regular eight percent sales tax. Beginning in 2025, the excise rate would climb by one percent each year until it reached 18 percent in 2030. Medical marijuana products, available only to patients and caretakers, would be exempt from the tax.
-In an effort to ensure medical patients can still access medicine after the adult-use market opens, the bill allows the state to force licensed cannabis producers to reserve up to 10 percent of their products for patients in the event of a shortage or grow more plants to be used in medical products.
-Local governments cannot ban cannabis businesses entirely, as some other states have allowed. Municipalities can, however, use their local zoning authority to limit the number of retailers or their distance from schools, daycares or other cannabis businesses.
-Tribal governments can participate in the state’s legal cannabis industry under legal agreements contemplated under the bill.
— With certain social justice provisions expected to be repackaged into a separate bill, the legalization measure retains only some of HB 12’s original equity language, primarily focused on enacting procedures meant to encourage communities that have been disproportionately impacted by the war on drugs to participate in the new industry.
-The new industry will be overseen by a newly created Cannabis Control Division, part of the state Regulation and Licensing Department. Medical marijuana will also be regulated by that division, although the Department of Health will control the patient registry.
-By September of this year, the state will establish a cannabis regulatory advisory committee to advise the Cannabis Control Division. The committee will need to include various experts and stakeholders, such as the chief public defender, local law enforcement, a cannabis policy advocate, an organized labor representative, a medical cannabis patient, a tribal nation or pueblo, various scientists, an expert in cannabis regulation, an environmental expert, a water expert and a cannabis industry professional, among others.
-The bill as amended now includes language that will allow medical marijuana patients who are registered in other states to participates in in other states to access, a proposal that failed to pass during the regular session.
“Today, New Mexico seized a once-in-a-lifetime opportunity to establish a multi-million industry with a framework that’s right for our state and will benefit New Mexicans for generations to come,” Rep. Javier Martínez (D), who sponsored the legalization bill, said. “Not only are we launching a burgeoning industry that will strengthen our economy, create jobs and generate tax dollars, but we are doing so in an equitable way that will curb the illicit market and undo some damage of the failed war on drugs.”
Rep. Andrea Romero (D), who also led the charge to get the reform bills to the governor’s desk, said, “For decades, our communities of color have been discriminated against for minor cannabis offenses, so we must ensure that those who would not be arrested today do not continue to be incarcerated or held back by criminal records for acts that are no longer crimes.”
“By ensuring equity and social justice in our cannabis legalization, we are saying ‘enough’ to the devastating ‘War on Drugs’ that over-incarcerated and over-penalized thousands of New Mexicans,” she said.
Polling indicates New Mexico voters are ready for the policy change. A survey released in October found a strong majority of residents are in favor of legalization with social equity provisions in place, and about half support the decriminalization of drug possession more broadly.
Lujan Grisham included cannabis legalization as part of her 2021 legislative agenda and has repeatedly talked about the need to legalize as a means to boost the economy, especially amid the coronavirus pandemic. She said during a State of the State address in January that “a crisis like the one we’ve experienced last year can be viewed as a loss or as an invitation to rethink the status quo—to be ambitious and creative and bold.”
Additional pressure to end cannabis prohibition this year came from neighboring Arizona, where sales officially launched in January after voters approved a legalization ballot initiative last year. To New Mexico’s north is Colorado, one of the first states to legalize for adult use.
New Mexico’s House in 2019 approved a legalization bill that included provisions to put marijuana sales mostly in state-run stores, but that measure died in the Senate. Later that year, Lujan Grisham created a working group to study cannabis legalization and issue recommendations.
In May of last year, the governor signaled she was considering actively campaigning against lawmakers who blocked her legalization bill in 2020. She also said that she was open to letting voters decide on the policy change via a ballot referendum if lawmakers didn’t send a legalization bill to her desk.
Photo courtesy of Brian Shamblen.
Minnesota Marijuana Legalization Bill Sails Through Fifth Committee, With Floor Vote Expected Next Month
A bill to legalize marijuana in Minnesota advanced again on Monday, passing a fifth House committee as it moves closer to floor action.
House Majority Leader Ryan Winkler (D), Speaker Melissa Hortman (D) and other lawmakers filed the measure in February. It would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and cultivate up to eight plants, four of which could be mature.
The House Environment and Natural Resources Finance and Policy Committee approved the bill, which it amended, in a 11-7 vote on Monday.
“This bill, first and foremost, is a recognition of the major racial disparities in how our current drug laws are enforced,” Winkler told the panel prior to the vote. “We have similar cannabis use rates across populations in Minnesota, but we have disproportionate policing and enforcement as applied to African Americans in Minnesota—anywhere from four to 10 times greater arrest rates. We have whole communities that have been adversely affected by the war on drugs.”
The majority leader added that “we have an opportunity to create the kind of new industry that can be a model for not only how to be inclusive and how to repair past wrongs, but also to do so in a way that upholds very high environmental standards.”
Members adopted a number of changes to the proposal. For example, it now stipulates that members of a cannabis advisory council established under the bill could not serve as lobbyists while on the panel and for two years after they end their service.
Other provisions of the amendment stipulate that marijuana products cannot be flavored to taste or smell like anything but the plant itself. Regulators could also adopt rules to “limit or prohibit ingredients in or additives to cannabis or cannabis products.”
Another change lays out rules for marijuana delivery services, including requiring that they verify that a customer is at least 21 years old.
The revised legislation also creates a substance use disorder treatment and prevention grant funded by marijuana tax dollars.
This latest vote comes about three weeks after the House Agriculture Finance and Policy Committee passed the legislation. Before that, it’s moved through the Workforce and Business Development Finance and Policy Committee, the Labor, Industry, Veterans and Military Affairs Finance and Policy Committee and the Commerce Finance and Policy Committee.
The bill’s next stop is the House Judiciary Finance and Civil Law Committee, which is scheduled to take up the measure on Wednesday.
Winkler recently said that he expects the legislation to go through any remaining panels by the end of April, with a floor vote anticipated in May.
Marijuana Moment is already tracking more than 900 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
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“Minnesotans are ready for cannabis, and we will keep pushing until it gets done,” he said.
Still, even if the legislation does make it all the way through the House, it’s expected to face a significant challenge in the Republican-controlled Senate, where lawmakers have signaled that they’re more interested in revising the state’s existing medical cannabis program than enacting legalization of adult use.
After the New York legislature approved a recreational cannabis legalization bill—which the governor promptly signed into law—Winkler said that Minnesota is “falling behind a national movement towards progress.”
“MN has some of the worst criminal justice disparities in the country, and legalizing cannabis & expunging convictions is a first step towards fixing that,” he tweeted.
The majority leader’s bill as introduced was identical to a proposal he filed last year, with some minor technical changes. The majority leader, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.
Under the legislation, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.
On-site consumption and cannabis delivery services would be permitted under the bill. And unlike in many legal states, local municipalities would be banned from prohibiting marijuana businesses from operating in their areas.
Retail cannabis sales would be taxed at 10 percent. Part of that revenue would fund a grant program designed to promote economic development and community stability.
The bill calls for the establishment of a seven-person Cannabis Management Board, which would be responsible for regulating the market and issuing cannabis business licenses. It was amended in committee month to add members to that board who have a social justice background.
People living in low-income neighborhoods and military veterans who lost honorable status due to a cannabis-related offense would be considered social equity applicants eligible for priority licensing.
Cannabis retails sales would launch on December 31, 2022.
Gov. Tim Walz (D) is also in favor of ending marijuana prohibition, and in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.
Walz did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.
Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.
Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen.
The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.
In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.
Photo courtesy of Philip Steffan.
Four More States Could Still Legalize Marijuana This Year After New Mexico, New York And Virginia
With New Mexico, New York and Virginia legalizing marijuana in recent days, one might think the cannabis reform movement has already achieved its high water mark for 2021. But the fact is, legalization bills are still moving forward in several other states across the country this session.
From Delaware to Minnesota, lawmakers are still working to end prohibition by the year’s end. While there’s no guarantee that they’ll be successful, there’s growing momentum for legalization with top lawmakers and governors on board, and each state that enacts the policy change adds pressure on those around them to follow suit.
If two more states get legal marijuana bills signed this session, 2021 would set a record for the highest number of new legalization laws enacted in a single year. And if just one more state were to adopt legalization this session, 2021 would tie 2016 and 2020 as a year with the most number of states to legalize cannabis—quite remarkable given that no states are putting the issue directly to voters on the ballot this year.
Here’s a look at the states that could still legalize cannabis this session:
There are two legalization proposals being considered in the Connecticut legislature, including one that’s backed by Gov. Ned Lamont (D).
The governor’s bill cleared the Judiciary Committee on Tuesday after being amended to more comprehensively address issues of social equity. A competing measure from Rep. Robyn Porter (D) was approved in the Labor and Public Employees Committee last month.
Lamont said on Wednesday that if lawmakers fail to pass a marijuana reform bill, he expects voters to decide on the issue via referendum.
House Speaker Matthew Ritter (D) said last year that if the legislature isn’t able to pass a legalization bill, he will move to put a question on the state’s 2022 ballot that would leave the matter to voters. Ritter put “50-50” odds on lawmakers getting the job done this year themselves, however.
If cannabis does end up on the ballot, though, it would likely prove popular, as a poll released last month found that 66 percent of Connecticut adults favor legalization, and the same percentage of respondents back expunging prior cannabis records.
A bill to legalize marijuana for adult use in Delaware was approved in its first House committee late last month.
The legislation, filed by Rep. Ed Osienski (D), passed the House Health and Human Development Committee in a 10-5 vote despite vocal opposition from some Republican members of the panel.
The bill as introduced would establish a regulated commercial cannabis system and tax sales at 15 percent. Home cultivation for personal use, however, would remain illegal.
The sponsor has stressed that the proposed legislation is “the first step,” and it will be subject to revisions in its next panel, the House Appropriations Committee.
Osienski was the chief sponsor of an earlier reform bill that cleared a House committee in 2019 but did not advance through the full chamber. One major difference between this latest bill and the last version is that HB 150 would not allow existing medical cannabis dispensaries to start selling marijuana during the transitional period between enactment and full implementation, as the previous bill would have done.
That led four of the state’s six medical cannabis operators to testify against the legislation—a decision that’s prompted certain advocates and patients to mount a boycott, accusing the companies of being profit-minded while standing in the way of broader reform.
Four House committees have already approved a bill to legalize marijuana in Minnesota. And Majority Leader Ryan Winkler (D), sponsor of the reform legislation, said last week that it will move through its remaining committee stops by the end of April, setting the stage for action in the full chamber in May.
Winkler, Speaker Melissa Hortman (D) and other lawmakers filed the measure in February. It would allow adults 21 and older to purchase and possess up to 1.5 ounces of marijuana and cultivate up to eight plants, four of which could be mature.
The House Environment and Natural Resources Finance and Policy Committee was the latest panel to advance the bill on Monday.
Before that, the Agriculture Finance and Policy Committee, Workforce and Business Development Finance and Policy Committee, Labor, Industry, Veterans and Military Affairs Finance and Policy Committee and Commerce Finance and Policy Committee approved the proposal.
Its next stop will be the Judiciary Finance and Civil Law Committee on Wednesday.
A pair of Rhode Island Senate committees held a joint hearing on two marijuana legalization proposals this month—including one proposed by the governor.
The Senate Judiciary and Finance Committees heard testimony from administration officials on Gov. Dan McKee’s (D) budget measure as well as legislative leaders sponsoring the competing bill. While the panels did not immediately vote on either proposal, members generally discussed legalization as an inevitability in the state, especially with neighboring states enacting the reform
Senate Majority Leader Michael McCaffrey (D) and Health & Human Services Committee Chairman Joshua Miller (D) are leading the separate legalization measure.
“We know there’s going to be a lot of input from different organizations and different individuals—and we hope over the next couple of months that we’re able to come up with a final piece of legislation,” Miller said. He added that enacting legalization this year is a priority for the Senate and administration.
Both plans allow adults 21 and older to purchase and possess up to one ounce of marijuana. However, only the lawmakers’ bill provides a home grow option, with the governor’s stipulating a series of fines and penalties for personal cultivation of any number of plants.
The proposals are notably different than the proposal that former Gov. Gina Raimondo (D) had included in her budget last year. Prior to leaving office to join the Biden administration as commerce secretary, she called for legalization through a state-run model.
House Speaker Joseph Shekarchi (D) has said he’s “absolutely” open to the idea of cannabis legalization and leans toward a private model.