The number of states with legal marijuana is expected to jump significantly in 2019, and a slew of already-filed bills offers a look at what those new legal cannabis systems might look like.
While marijuana legalization legislation has already been introduced in at least 17 states—including several traditionally conservative ones—there are 10 that seem to hold the most promise of passage at this point.
Here’s a look at the states that are most likely to send legal cannabis bills to their governors’ desks this year, in alphabetical order:
In Connecticut, several House and Senate proposals seek to fully legalize cannabis for adults 21 and older and also establish a commercial market. The Senate version was introduced on Thursday by Martin Looney (D), the chamber’s president, who also sponsored a legalization bill last year. More than a quarter of the House jointly filed a bill to legalize earlier this month. A third legalization proposal puts a focus on social justice by establishing a “cannabis equity policy through open legalization of cannabis” and includes provisions such as diversity requirements and justice reinvestment.
Importantly, newly sworn-in Gov. Ned Lamont (D) has called legalization one of his “priorities.”
Hawaii Senate President Ron Kouchi (D) said that debating marijuana legalization will be a top priority for the state legislature this year. Seven legalization bills have been filed so far, and the chances of passing something in the Democratic-majority chambers are solid. The Senate Judiciary Committee is set to hold a hearing on one of the proposals on Thursday. That said, past attempts to approve cannabis reform bills in Hawaii have consistently stalled or failed, and Gov. David Ige (D) remains concerned about conflicting state and federal laws.
Illinois seems to be in an especially good position to legalize this year. At the beginning of this month, Sen. Heather Steans (D) filed a placeholder bill establish a tax-and-regulate marijuana system, but full details of her plan are so far scarce. Separate House legislation to end cannabis prohibition was introduced on Friday and has a focus on social equity, mandating that at least half of cultivation and retail facilities be located in “communities disproportionately harmed by the war on drugs.”
What’s clear, though, is that Gov. J.B. Pritzker (D) is ready and eager to sign some kind of legalization legislation—a policy he campaigned on.
Fifteen House members in Minnesota jointly filed a legalization bill last week. The legislation would amend the state constitution to allow for the possession, consumption, manufacturing and sale of cannabis and cannabis products for adults 21 and older.
Gov. Tim Walz (D) has promised to “replace the current failed policy with one that creates tax revenue, grows jobs, builds opportunities for Minnesotans, protects Minnesota kids, and trusts adults to make personal decisions based on their personal freedoms.”
New Hampshire lawmakers are moving forward with plans to fully legalize marijuana in the Granite State despite the fact that Gov. Chris Sununu (R) has threatened to veto such legislation. House Speaker Steve Shurtleff (D) believes that, with Democrats now in control of both chambers, they have to votes to override a veto. So far, two bills have been introduced to legalize and establish a retail sales system.
Marijuana Moment is already tracking more than 450 cannabis 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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In New Jersey, eight bills have been filed to legalize marijuana, including ones that would involve expungements for past cannabis-related convictions. Legalization legislation was approved in committees late last year, but was never brought to a floor vote in either chamber. Advocates are hopeful that a bill will be taken up soon, but some concerns remain as to whether Gov. Phil Murphy (D), who campaigned on legalization, will sign legislation that doesn’t include a high tax rate for cannabis sales.
That said, the governor recently said he believes “we can make progress on this.”
On Thursday, a bill to legalize marijuana and establish a commercial sales system was filed in New Mexico, sponsored by Reps. Moe Maestas (D) and Javier Martinez (D). Gov. Michelle Lujan Grisham (D) is supportive of legalization and said a legal market will bring “hundreds of millions of dollars to New Mexico’s economy.”
There are four pieces of legalization legislation on the table in New York, where Gov. Andrew Cuomo (D) has pledged to enact a commercial cannabis system after previously calling marijuana a “gateway drug.” The Assembly version of the Marihuana Regulation and Taxation Act has 28 sponsors, while the companion bill in the Senate has 12.
Last week, Cuomo unveiled details of a legalization proposal of his own that he hopes will make it through the legislature as part of his annual budget. He’s proposing a 20 percent state tax and 2 percent county tax on marijuana transfers from wholesalers to retailers and said legalization “will create the good union jobs that we need.”
Rhode Island Gov. Gina Raimondo (D) was initially reluctant to embrace marijuana legalization but, in light of legalization efforts underway in neighboring states, she’s recently proposed ending cannabis prohibition herself. Her proposal, included in a budget request, would allow adults 21 and older to possess and purchase marijuana from a licensed retailer.
However, under the governor’s plan, cannabis could be sold commercially by licensed retailers but not grown at home for personal use. She also wants to ban high-THC products including concentrates.
Half of the Senate in Vermont, including the chamber’s president, has already signed onto a bill that would allow for commercial marijuana sales. The state legalized the personal use, possession, consumption and cultivation of cannabis last year, but there’s currently no option for people to legally buy marijuana. That said, Gov. Phil Scott (R) has said that he’d be reluctant to sign a commercial legalization bill until technology was developed to detect active impairment from cannabis on the roads.
Other states to watch in 2019 are Delaware, where legalization came close to passing last year but didn’t get the required supermajority support, and Wisconsin, where Gov. Tony Evers (D) recently said he supports legalization.
Photo courtesy of Jurassic Blueberries.
Congressman Visits Marijuana Dispensary On Behalf Of Bernie Sanders’s Presidential Campaign
A congressman and staffers for Sen. Bernie Sanders’s (I-VT) presidential campaign toured a marijuana dispensary in Las Vegas on Monday and discussed the need for federal cannabis reform.
Rep. Mark Pocan (D-WI), who endorsed Sanders’s bid for the White House last week, shared photos on Twitter from the visit to NuWu Cannabis, a tribal-owned shop that features a consumption lounge and a drive-thru where consumers can buy marijuana products.
After years of an unjust War on Drugs, it’s time we work to ensure all communities can benefit from legalization—@BernieSanders marijuana legalization plan will do just that. pic.twitter.com/XFWmIZKuus
— Mark Pocan (@MarkPocan) January 21, 2020
“After years of an unjust War on Drugs, it’s time we work to ensure all communities can benefit from legalization—[Sanders’s] marijuana legalization plan will do just that,” the congressman tweeted.
While the 2020 Democratic presidential candidate wasn’t scheduled to attend the shop and has since had to drop campaign stops in order to participate in the Senate’s impeachment trial of President Donald Trump, Pocan and Nevada campaign staff were there on his behalf, Tick Segerblom, a Clark County commissioner and former state senator who helped coordinate the event, told Marijuana Moment.
“We showed him around, explained on how it works, explained how it’s organized under state law,” Segerblom said of Pocan. “He said he’d never seen anything like it.”
The congressman also talked with business owners about the importance of social equity within the marijuana industry. He didn’t purchase or sample any cannabis products, however.
Segerblom said that while Sanders wasn’t able to attend this tour, he believes it’s important for the candidate to participate in such events and talk about his reform agenda to distinguish himself in the race.
“There’s a lot of people who will vote on this issue, and since [former Vice President Joe Biden] has come out against legalizing cannabis, I think it’s a very important issue for him to emphasize,” he said.
It’s fitting that Pocan would tour a tribal-owned cannabis business, as he was the chief sponsor of a 2016 bill that would have protected tribes from losing federal funds if they enact a legal marijuana program. Although the congressman represents Wisconsin, which doesn’t even have a comprehensive medical cannabis program let alone full adult-use legalization, he has cosponsored several cannabis reform bills this Congress, including two that would end federal prohibition.
State-legal dispensaries are getting a lot of high-profile attention from politicians lately. For example, former South Bend, Indiana Mayor Pete Buttigieg visited a Las Vegas marijuana shop last year, Rep. Julia Brownley (D-CA) paid a visit to a California dispensary and Sen. Ron Wyden (D-OR) toured a business that makes CBD-infused chocolates.
Photo courtesy of Rep. Mark Pocan.
New Vermont Bill Would Decriminalize Psychedelics And Kratom
Vermont lawmakers filed a bill on Wednesday that would decriminalize three psychedelic substances as well as kratom.
Rep. Brian Cina (P/D) introduced the legislation, which would amend state law to carve out exemptions to the list of controlled substances. Psilocybin, ayahuasca, peyote and kratom would no longer be regulated under the proposal.
Cina told Marijuana Moment in a phone interview that he decided to pursue the policy change based on a “belief that I share with many people around the world that plants are a gift from nature and they’re a part of the web of life that humans are connected to.”
“Plants, especially plant medicines, should be accessible to people,” he said. “Use of plant medicine should be considered a health care issue, not a criminal issue.”
Whether plant medicines are used for treating pain or whether they’re used for seeking pleasure, that is a health care choice, and it’s a waste of society’s resources to criminalize healing practices that go back to the very roots of our humanity. https://t.co/hRDWWqa7yb
— Brian Cina (@briancinavt) January 22, 2020
While it remains to be seen whether the legislature will have the appetite to pursue the policy change, the bill’s introduction represents another sign that the psychedelics reform movement has momentum. Activists in about 100 cities across the U.S. are working to decriminalize a wide range of entheogenic substances, but the Vermont proposal is unique in that it’s being handled legislatively at the state level.
Text of the bill states that the four substances are “commonly used for medicinal, spiritual, religious, or entheogenic purposes.”
Larry Norris, cofounder of the national psychedelics reform group Decriminalize Nature, told Marijuana Moment that he’s especially encouraged by the use of the word “entheogenic,” a term that advocates are hoping to bring into the mainstream to more accurately describe the type of substances they want to decriminalize.
“It is exciting to see emerging interest at the state legislative level to support decriminalizing natural plants and fungi that are ‘commonly used for medicinal, spiritual, religious, or entheogenic purposes,'” he said. “The fact that the word entheogenic is making its way into the legislative lexicon speaks volumes for the shift in perspective that is happening nationwide.”
“While we were not involved in the drafting of this legislation, we look forward to offering any support and guidance to Representative Brian Cina in Vermont or any future state legislators aiming to decriminalize entheogenic plants and fungi,” Norris said.
Denver became the first city in the nation to decriminalize psilocybin mushrooms last year, followed by a unanimous City Council vote in Oakland to make a wide range of psychedelics among the city’s lowest law enforcement priorities. And while lawmakers have been comparatively slow to raise the issue in legislatures, activists in Oregon are working to put a therapeutic psilocybin initiative on the state’s 2020 ballot and, separately, a measure to decriminalize possession of all drugs with a focus on funding substance misuse treatment. In California, meanwhile, advocates are aiming to put psilocybin legalization before voters in November.
Part of the motivation behind the legislation was “recognizing that the decriminalization of mushrooms seems to be a next step in other places, and thinking that it might have greater success if we can make the point that in the path of decriminalization, the next step after cannabis is psilocybin mushrooms,” Cina said. “It was important for me to make a point about the significance of plants.”
“What it goes back to for me ultimately is that any kind of use of substances should be treated as a health care matter, not a criminal issue,” he said. “Whether those substances are used for treating pain or whether they’re used for seeking pleasure, that is a health care choice, and it’s a waste of society’s resources to criminalize a behavior that goes back to the very roots of our humanity.”
The bill currently has three cosponsors and has been referred to the Judiciary Committee. One of the cosponsors, Rep. Zachariah Ralph (P/D) told Marijuana Moment that he supports “the legalization of psychedelics because prohibition, generally, does not to work, and has continued to be enforced disproportionally against low income and minority communities.”
“Research at Johns Hopkins University and other facilities around the country on the medicinal use of psilocybin mushrooms are showing some promising results as a long term treatment of depression, addiction and anxiety,” he said. “This is especially important today as we deal with increased rates of suicides and drug overdoses across the nation and especially in Vermont.”
The bill’s introduction also comes as Vermont lawmakers express optimism about the prospects of expanding the state’s cannabis law to allow commercial sales.
While Gov. Phil Scott (R) has previously voiced opposition to allowing retail marijuana products to be sold, citing concerns about impaired driving, he recently indicated that he may be open to taxing and regulating the market. And according to top lawmakers in the state, the legislature is positioned to advance a cannabis commerce bill this session, with most members in favor of the reform move.
Vermont made history in 2018 by becoming the first state to pass marijuana legalization through the legislature, albeit with a noncommercial grow-and-give model. Now the question is whether lawmakers there will again make history by taking up psychedelics reform and decriminalizing these substances at the state level for the first time.
“We’ve decriminalized and then legalized and now might be regulating and taxing marijuana, which is a plant medicine,” Cina said. “But there are these other plant medicines that have been left behind.”
A Republican lawmaker in Iowa filed a bill to legalize certain psychedelics for medical purposes last year, but it did not advance.
Photo courtesy of Wikimedia/Mushroom Observer.
Mexican Lawmakers Plan To Pass Amended Marijuana Legalization Bill Before End Of April
An amended bill to legalize and regulate marijuana sales in Mexico is being circulated among lawmakers, setting the stage for a renewed reform push as the legislature goes back into session next month.
The new proposal, which was jointly submitted by the Justice and Health Committees, would allow adults to possess up to 28 grams of cannabis for personal use and cultivate up to six plants. Individuals could apply for a license to possess more than 28 grams but no more than 200 grams.
While Sen. Ricardo Monreal Ávila of the ruling MORENA party said the measure is not final, it’s a next step in the process. He said he’ll be meeting with Interior Secretary Olga Sánchez Cordero and Julio Scherer, legal advisor to the president, next week to discuss cannabis reform legislation.
Under the proposed bill, those who possess an amount of marijuana between 28 and 200 grams would be charged a fine amounting to roughly $560, while stricter penalties would be imposed for possession of more than 200 grams.
The Mexican Cannabis Institute, a new regulatory body, would be responsible for issuing business licenses and developing rules for the market. The bill also contains provisions aimed at promoting social equity, such as prioritizing cultivation licenses for individuals from communities most impacted by the drug war.
The institute would also be able to issue grants for research into the cultivation of cannabis for commercial use, according to Milenio.
The introduction of this revised legislation comes more than a year after the nation’s Supreme Court deemed federal laws prohibiting personal marijuana possession and cultivation unconstitutional—a ruling that was followed by a legislative mandate to end the policy. In the months since, lawmakers have worked to develop a regulatory scheme to legalize the plant for adult use.
But while there was progress—with the Senate holding numerous public educational meetings, including one that featured a former White House drug czar—the legislature was unable to reach a compromise on a passable bill before the court’s October 2019 deadline, prompting leading lawmakers to request an extension.
The Supreme Court agreed to extend the deadline for a policy change to April 30.
The new bill going before the Congress is largely similar to the one that Senate committees unveiled just before the earlier deadline, but there have been some minor changes. For example, it amends the business licensing scheme. There will be five types of licenses that the institute can issue: cultivation, transformation, marketing, exports/imports and research.
Monreal stressed that “there is nothing ensured yet” in terms of the prospects for the new draft legislation being passed as written.
— Senadores Morena (@MorenaSenadores) January 21, 2020
“There are those who are not in favor even of the legislation in this matter, so all that we have to pick it up and translate it into the will expressed on the opinion,” he said, adding that the legislature still hopes to pass legalization before the April deadline.
Read the full draft Mexican marijuana legalization bill below: