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Maryland Lawmaker Files Marijuana Legalization Bill Ahead Of 2021 Session

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With lawmakers in Maryland preparing to consider marijuana legalization during next year’s legislative session, this week a lead proponent in the House of Delegates unveiled an early outline of what the state’s legal cannabis system could look like.

Del. Jazz Lewis (D), who prefiled the legalization bill, shared a draft of the legislation with Marijuana Moment on Tuesday. While his office said it’s “still working on the bill” and that “things are subject to change,” Lewis’s current plan would legalize and regulate the cannabis, allow for sales by state-licensed businesses, expunge past convictions and establish a social equity program meant to reinvest in communities hit hardest by the war on drugs.

In a statement to Marijuana Moment, Lewis said he introduced the legislation, HB0032, “because we have the data and popular opinion on our side to end prohibition.”

“States that have legalized have seen a decline in teen usage due to disruptions of the illicit market,” Lewis said. “Law enforcement has mostly stated they would rather go after actual criminals than young people who shouldn’t be involved with the justice system.”

“We can and should do better,” the lawmaker continued. “We allow for the expungement of records, creating social equity businesses to include minorities and the formerly incarcerated, and we dedicate resources to revitalizing disconnected communities. The time for restoring communities and ending prohibition is now.”

The bill’s language wasn’t previously available to the public even though Lewis pre-filed it in October, according to a representative from the state’s Department of Legislative Services. “Pre-filed legislation is considered confidential until it starts to appear on the website,” that person said.

Maryland’s legislative session begins January 13, and Lewis’s legalization legislation is set for a procedural first reading that day in both the Judiciary and Health and Government Operations committees.

Under the draft legislation provided to Marijuana Moment by the delegate’s office, adults 21 and older would be able to possess up to two ounces of cannabis or 15 grams of concentrate. Possession of other THC-infused products would be limited to 1,500 milligrams of total THC. Possession of more than that—up to two times the proposed limit—would be punishable by civil fine of up to $250 or up to 16 hours of community service.

Adults would also be able to grow cannabis at home for personal use, with individuals permitted to cultivate up to six plants in a location not visible from outside the property and not accessible to minors. Adults could also legally share cannabis with other adults or gift small amounts of marijuana.

Smoking cannabis in public would carry a civil fine of up to $50, though individuals could instead perform up to five hours of community service.

Landlords could prohibit tenants from smoking inside or consuming marijuana in a manner that creates an odor that disturbs other tenants, and employers would be able to fire employees for being under the influence of cannabis at work.

Legalization would also trigger automatic expungements of “standalone cannabis offenses” by October 2022. Offenses that were part of a case with other charges will be expunged by October 2023. People currently jailed or under government supervision for simple cannabis possession would be released under the proposal.

“The next step in any policy is making sure you help as many people as possible without harming others,” Lewis said. “Our bill does that as well.”

On the commercial side, Lewis’s bill would allow private cannabis retailers and delivery services. Individual municipalities could ban cannabis businesses, but they would not be able to prohibit deliveries.

Marijuana products would be subject to a 20 percent tax on the retail price in addition to Maryland’s six percent sales tax. Local governments could also impose a tax of up to three percent within their jurisdictions.

Much of the state revenue would be directed to undoing the negative consequences of the drug war, which have fallen disproportionately on racial minorities, specifically Black and Latino communities.

More than a quarter (27 percent) of revenue from taxes and fees would go to a Community Reinvestment and Repair Fund “to serve communities impacted by poverty, mass incarceration, or racism via grants to organizations utilizing evidence-proven and evaluated tactics to address these challenges,” according to a summary of the bill. Another 20 percent would go to the state’s four historically Black colleges and universities, while smaller amounts would go to zero-interest loans to social equity applicants (10 percent) and technical assistance for those applicants (three percent).

Portions of state revenue would also go to drug treatment and prevention programs (seven percent), public education about drug risks (two percent), cannabis research (two percent) and training law enforcement to recognize impaired driving (up to 1 percent).

Another quarter of all revenue would go to the state’s general fund.

As for business licensing, the proposal would prioritize diversity and inclusion by providing that only social equity applicants would be able to apply for delivery licenses. Retail licenses would be granted more broadly, but social equity applicants would be awarded extra points in the state’s application scoring process.

The bill would not set any limits on the number of cannabis businesses in the state, but only 200 retail licenses would be given out per licensed medical dispensary in the state. More retailers could be licensed later if necessary.

Advocates have cheered Lewis’s introduction of the bill, expressing optimism that some form of cannabis legalization could become law next year.

“We applaud Del. Lewis for his leadership to craft a legalization bill that is rooted in reparative justice, equity, and inclusion,” Karen O’Keefe, Marijuana Policy Project’s director of state policies, told Marijuana Moment on Tuesday. “It would release cannabis prisoners, expunge past convictions, reinvest in communities hardest hit by the war on drugs, train Marylanders for good jobs in cannabis, and create an industry that benefits disproportionately impacted communities.”

“We are working with a coalition of organizations that are committed to legalizing marijuana in Maryland, and to getting legalization right,” she added, “and we hope to get this bill past the finish line in 2021.”

Maryland legalized medical marijuana through an act of the legislature in 2012, and a decriminalization law took effect in 2014 that replaced criminal penalties for possession of less than 10 grams with a civil fine of $100 to $500. But since then a number of efforts to further marijuana reform have fallen short. A bill earlier this year to expand the possession threshold to an ounce of marijuana passed the House earlier this year but was never taken up in the Senate.

In May, Gov. Larry Hogan (R) vetoed a bill that would have shielded people with low-level cannabis convictions from having their records publicized on a state database. In a veto statement, he said it was because lawmakers failed to pass a separate, non-cannabis measure aimed at addressing violent crime.

Hogan has hesitated to take a strong stand on marijuana in the past, though he’s signaled openness to the idea. In 2017, he declined to respond to a question about whether voters should be able to decide the issue, but by mid-2018 he had signed a bill to expand the state’s medical marijuana system and said full legalization was worth considering: “At this point, I think it’s worth taking a look at,” he said at the time.

It’s possible the governor will become even more open to the popular issue of cannabis legalization as he considers a potential 2024 presidential bid.

As for Maryland lawmakers, a House committee in March of last year held hearings on two bills that would have legalized marijuana. While those proposals didn’t pass, they encouraged many hesitant lawmakers to begin seriously considering the change.

Del. Vanessa Atterbeary (D), then the vice chair of the House Judiciary Committee, said during those hearings that she had been “fundamentally opposed” to legalization in previous years but was increasingly “in the mindset that it’s been growing on me.”

Voters in nearby New Jersey, meanwhile, legalized marijuana for adults during last month’s general election. Lawmakers there last week sent an enabling bill to the governor to establish a framework for legal sales.

Meanwhile, top officials in neighboring Virginia are gearing up for a marijuana legalization push in 2021, with the governor including funds in his annual budget proposal to set the stage for eventual implementation.

Read the full Maryland marijuana legalization bill and a summary below:

Maryland Marijuana Legaliza… by Marijuana Moment

Idaho Activists Want Recreational Marijuana Legalization On 2022 Ballot, In Addition To Medical Cannabis

Photo courtesy of M a n u e l

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Ben Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.

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California Senator Seeks Federal Clarification On Medical Marijuana Use In Hospitals

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A California senator is asking the head of the U.S. Department of Health and Human Services (HHS) to provide clarification on whether hospitals and other healthcare facilities in legal marijuana states can allow terminally ill patients to use medical cannabis without jeopardizing federal funding.

State Sen. Ben Hueso (D) on Thursday sent a letter to HHS Secretary Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure inquiring about the policy. Confusion about possible implications for permitting marijuana consumption in health facilities led pro-legalization Gov. Gavin Newsom (D) to veto a bill meant to address the issue in 2019.

Hueso refiled a nearly identical version of the legislation for this session, and it’s already passed the full Senate and one Assembly committee. It’s now awaiting action on the Assembly floor before potentially being sent to Newsom’s desk.

“Ryan’s Law would require that hospitals and certain types of healthcare facilities in the State of California allow a terminally-ill patient to use medical cannabis for treatment and/or pain relief,” the senator wrote in the letter to the federal officials, with whom he is asking to meet to discuss the issue. “Currently, whether or not medical cannabis is permitted is left up to hospital policy, and this creates issues for patients and their families who seek alternative, more natural medication options in their final days.”

Hospitals that receive CMS accreditation are generally expected to comply with local, state and federal laws in order to qualify for certain reimbursements. And so because marijuana remains federally illegal, “many healthcare facilities have adopted policies prohibiting cannabis on their grounds out of a perceived risk of losing federal funding if they were to allow it.”

But Hueso said that his office received a letter from CMS several months ago stating that there are no specific federal regulations in place that specifically address this issue and that it isn’t aware of any cases where funding has been pulled because a hospital allows patients to use medical cannabis.


Marijuana Moment is already tracking more than 1,200 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.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Additionally, because the Justice Department has been barred under annually renewed spending legislation from using its funds to interfere in the implementation of state-level medical marijuana programs, the senator said, “we believe the risk of federal intervention is little to none.”

“This confirmation from CMS been quite a breakthrough and we are optimistic it will alleviate the Governor’s concerns,” the letter continues. “However, I want to underscore that, prior to receiving this response, even the Governor of California was under the impression that CMS rules prohibited hospitals and healthcare facilities from allowing medical cannabis use.”

“Undoubtedly other states are struggling with this issue, too,” it says. “As more states decriminalize cannabis and even create recreational markets, we must not forget to also update the books for the most important consumers of all—patients.”

“While ideally the federal government will remove cannabis from its Schedule I designation, I appreciate that this is a lengthy and complex process. In the interim, it would be extremely helpful if you could provide clarification that assures Medicare/Medicaid providers that they will not lose reimbursements for allowing medical cannabis use on their premises. This clarification would go a long way to help hospital staff, security, above all, patients.”

Becerra, while previously serving as California attorney general and as a member of Congress, demonstrated a track record of supporting marijuana law reform.

Meanwhile, there are efforts in both chambers of Congress to end federal marijuana prohibition.

Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are currently soliciting feedback on draft legalization legislation they introduced this month.

Meanwhile, a separate House bill to federally legalize marijuana and promote social equity in the industry was reintroduced in May.

The legislation, sponsored by Judiciary Committee Chairman Jerrold Nadler (D-NY), was filed with a number of changes compared to the version that was approved by the chamber last year.

Read the letter from the California senator to Becerra below: 

Marijuana hospital letter t… by Marijuana Moment

Rhode Island House Speaker Says ‘No Consensus’ On Marijuana Legalization, But It’s ‘Workable’

Photo courtesy of Mike Latimer.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Rhode Island House Speaker Says ‘No Consensus’ On Marijuana Legalization, But It’s ‘Workable’

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A top Rhode Island lawmaker says that while there’s not yet a consensus among legislators and the governor on a bill to legalize marijuana, it’s still a “workable” issue and would be prioritized if a special session is convened this fall.

House Speaker Joe Shekarchi (D) told The Public’s Radio that it’s “possible” that a special session will be held later in the year after lawmakers failed to reach a deal on competing reform proposals.

“It really depends if we can come to some kind of resolution of consensus on a couple of major bills,” he said, referring to cannabis and a handful of other issues. “If we can, we certainly would come back.” But if not, members will continue to discuss the proposals and prepare to take them up at the start of the next session in January.

“Unfairly, sometimes I have or the House gets blamed for stopping the legalization of recreational use of marijuana, when in reality there is no consensus,” he said. “If we can come to some closeness, in the several different proposals, then we’ll move some kind of legislation. But if not, it just needs more work—and it’s very workable, so it’s very much something that can happen, we just have to put the effort in and make it happen.”

Listen to the speaker discuss the marijuana legalization plan, about 1:00 into the audio  below: 

Shekarchi similarly told Marijuana Moment in an email earlier this week that he’s “not opposed to the legalization of recreational marijuana,” but “there have been very divergent proposals offered by Representative Scott Slater, the Senate, the governor and various advocacy groups.”

“As I have done with other issues, my role will be to bring the parties together and see if we can reach a consensus,” he said. “I will be working on the issue this summer and fall, and if an agreement can be reached, it is possible that one piece of legislation will be brought before the legislature for future consideration. But there is a lot of work to be done to reach consensus.”

Shekarchi and other top lawmakers have previously said they will work this summer to try to reach a compromise on the differing provisions of the competing legalization plans.

Senate President Dominick Ruggerio (D) said earlier this month that he’s not disappointed the House hasn’t advanced legalization legislation yet and that “what we really wanted to do was send it over and have them take a look at it” when his chamber passed a cannabis reform measure last month.

Shekarchi previously said that he feels reform is “inevitable.”


Marijuana Moment is already tracking more than 1,200 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.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

A key disagreement between the House, Senate and governor’s office concerns who should have regulatory authority over marijuana. Ruggerio was pressed on the issue during the recent interview and said members of his chamber agree that “a separate commission is the way to go with respect to this.”

The House and Gov. Dan McKee (D), on the other hand, want the program to be managed by the state Department of Business Regulation (DBR). Ruggerio noted that “it was difficult to negotiate on a bill when the House bill really didn’t come until late in the session.”

Asked whether he felt the legislature and governor could come to an agreement despite the differences, Senate Majority Leader Mike McCaffrey (D) said this month that “that’s what our goal is.”

“Obviously there’s some issues that different people have relative to different categories of licenses and things like that and how we’re rolling them out,” he said. “Are we going to limit them? what type of equity are you going to give to the different people in different communities so that they can get into the business? And social equity and things of that nature.”

McCaffrey was also asked about provisions related to allowing local municipalities to opt out of allowing marijuana businesses to operate in their area. He said “once the legislation is passed and whatever form is passed in, the communities have an opportunity to opt out.”

“They have an opportunity to opt out if the community doesn’t want to participate in it,” he said. “That’s their decision—however, they don’t get the funds that would come from the sales in that community.”

The majority leader also noted that neighboring states like Connecticut and Massachusetts have enacted legalization, and that adds impetus for the legislature to pursue reform in the state. .

Shekarchi, meanwhile, said this month that he doesn’t intend to let regional pressure dictate the timeline for when Rhode Island enacts a policy change. But it is the case that legalization has now gone in effect in in surrounding states like Connecticut and Massachusetts.

“I’m not in any hurry to legalize marijuana for the sake of legalizing it. I want to do it right,” he said. “It doesn’t matter to me if we’re the last state in the union to legalize it or we never legalize it, but I need to do it right.”

Social equity, licensing fees, labor agreements and home grow provisions are among the outstanding matters that need to be addressed, Shekarchi said.

These latest comment come weeks after the state Senate approved a legalization bill from McCaffrey and Health & Human Services Chairman Joshua Miller (D), which was introduced in March. The governor also came out with his own legalization proposal shortly thereafter.

A third Rhode Island legalization measure was later filed on the House side by Rep. Scott Slater (D) and several cosponsors. The House Finance Committee held a hearing on the measure last month.

The governor, for his part, told reporters that while he backs legalization it is “not like one of my highest priorities,” adding that “we’re not in a race with Connecticut or Massachusetts on this issue.”

“I think we need to get it right,” he said, pointing to ongoing discussions with the House and Senate.

The House Finance Committee discussed the governor’s proposal to end prohibition at an earlier hearing in April.

Both the governor and the leaders’ legalization plans 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.

McKee gave initial insights into his perspective on the reform in January, saying that “it’s time that [legalization] happens” and that he’s “more leaning towards an entrepreneurial strategy there to let that roll that way.”

Shekarchi, meanwhile, has said he’s “absolutely” open to the idea of cannabis legalization and also leans toward privatization.

Late last year, the Senate Finance Committee began preliminary consideration of legalization in preparation for the 2021 session, with lawmakers generally accepting the reform as an inevitability. “I certainly do think we’ll act on the issue, whether it’s more private or more state,” Sen. Ryan Pearson (D), who now serves as the panel’s chairman, said at the time.

Meanwhile, the governor this month signed a historic bill to allow safe consumption sites where people could use illicit drugs under medical supervision and receive resources to enter treatment. Harm reduction advocates say this would prevent overdose deaths and help de-stigmatize substance misuse. Rhode Island is the first state to allow the facilities.

The Senate Judiciary Committee also held a hearing in March on legislation that would end criminal penalties for possessing small amounts of drugs and replace them with a $100 fine.

Ohio Lawmakers Officially File Marijuana Legalization Bill In Historic First For The State

Photo courtesy of WeedPornDaily.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Ohio Lawmakers Officially File Marijuana Legalization Bill In Historic First For The State

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Ohio lawmakers on Friday formally introduced a bill to legalize marijuana possession, production and sales—the first effort of its kind in the state legislature. This comes as activists are pursuing a separate ballot initiative that would effectively force the legislature to consider similar cannabis reforms.

Reps. Casey Weinstein (D) and Terrence Upchurch (D) filed the legislation, weeks after circulating a co-sponsorship memo to colleagues to build support for the measure.

The 180-page bill would legalize possession of up to five ounces of cannabis for adults 21 and older and allow them to cultivate up to 12 plants for personal use. It also includes provisions to expunge prior convictions for possession and cultivation activities that are being made legal under the measure.

A 10 percent excise tax would be imposed on marijuana sales, with revenue first going toward the cost of implementation and then being divided among municipalities with at least one cannabis shop (15 percent), counties with at least one shop (15 percent), K-12 education (35 percent) and infrastructure (35 percent).

“It’s time to lead Ohio forward,” Weinstein said in a press release. “This is a big step for criminal justice reform, for our veterans, for economic opportunity, and for our individual liberties.”

The state Department of Commerce would be responsible for overseeing the program and issuing cannabis business licenses.


Marijuana Moment is already tracking more than 1,200 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.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Individual municipalities could restrict the type and number of marijuana that operate in their area. The bill specifically states that the state’s existing medical marijuana program would not be impacted by the establishment of an adult-use market.

“This bill is much needed in Ohio, and it’s time for Ohio to become a national leader in marijuana decriminalization and legalization,” Upchurch said. “This bill is more than just about legalization, it’s about economic and workforce development, it’s about decriminalization, and it’s about healthcare! The time is now, and I look forward to getting this done in a bipartisan fashion.”

Gov. Mike DeWine (R) is likely to oppose the effort given his record, but activists have effectively demonstrated through local initiatives that voters in the state broadly support enacting a cannabis policy change.

A newly formed organization called the the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) is also actively collecting signatures for a statewide ballot measure that would separately force lawmakers to consider taking up legalization legislation once a certain signature gathering threshold is met.

“I’m glad to see it! It’s added momentum toward legalization,” Weinstein told Marijuana Moment earlier this week of the ballot effort. “And hopefully a looming ballot initiative will add some incentive for my Republican colleagues to work with me on my bill.”

Meanwhile, 22 jurisdictions have adopted local statues so far that reduce the penalty for low-level cannabis possession from a misdemeanor punishable by jail time and a fine to the “lowest penalty allowed by state law.” And activists are pursuing similar policy changes in dozens of cities this year.

Don Keeney, executive director of NORML Appalachia, told Marijuana Moment that local officials have so far certified decriminalization initiatives in five cities they were targeting this year: Laurelville, McArthur, Murray City, New Lexington and New Straitsville.

Ohio activists had hoped to place a cannabis legalization initiative on the statewide ballot last year, but that effort stalled as the COVID-19 outbreak and resulting public health restrictions made signature gathering all but impossible.

Local advocates sought relief through the court system to make it so they could collect signatures electronically for 2020 ballot initiatives, but the lawsuit was repeatedly rejected—most recently by the U.S. Circuit Court of Appeals for the Sixth Circuit, which ruled on Wednesday that the challenge was no longer relevant because last year’s election has passed and the case was therefore moot.

Read the text of the Ohio marijuana legalization bill below: 

Ohio marijuana legalization… by Marijuana Moment

GOP Senator Sponsoring Marijuana Banking Bill Proposes Controversial Welfare Restrictions For Cannabis Purchases

Photo courtesy of Mike Latimer.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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