With the results of last month’s midterm elections—which marijuana basically won—ten states have now legalized cannabis for adults, while 33 allow medical use. Those victories at the ballot box capped a year in which the fight to reform prohibitionist cannabis policies advanced significantly at the state, federal and international levels.
The tally of states that allow the use of marijuana is poised to jump in a big way again in 2019, largely because a slew of pro-legalization candidates for governor also won at the ballot box on Election Day—giving cannabis reform bills a huge boost toward being signed into law sooner rather than later.
“2019 could be a banner year for legalization via state legislatures,” Mason Tvert, spokesman for the Marijuana Policy Project, said in an email. “Several states across multiple regions of the country are strongly considering ending prohibition and regulating marijuana for adult use. A growing number of state lawmakers and governors are either getting behind these efforts or coming to the realization that they cannot hold them up much longer. The steady growth of public support we’ve been seeing around the country will likely translate into some major state-level victories for marijuana policy reform.”
Here are the states that are most likely to legalize marijuana next year, in alphabetical order:
Gov.-elect Ned Lamont (D) said during his campaign that marijuana legalization is “an idea whose time has come.” He followed that up after his win on Election Day by pledging during a transition press conference that moving on the issue will be one of his “priorities” in 2019.
Meanwhile, the state Senate president, who sponsored a legalization bill last year that didn’t move under unsupportive—but outgoing— incumbent Gov. Dannel Malloy (D), says that passing a bill next year is “a significant revenue item” for the state.
Even the House Republican deputy minority leader, who opposes legalization, says he “would think it would pass” when it is brought to a vote on the floor. “Many of those opposed to legalization have left the Legislature.”
Incoming Gov. J.B. Pritzker (D) made support for legalizing marijuana a centerpiece of his campaign, beginning in the primary race against fellow Democrats. At one point he even held a press conference outside of a medical cannabis dispensary.
Shortly after Election Day, Pritzker confirmed that he wants to pursue legalization “nearly right away” when the new legislature convenes.
And the state House speaker, who until now has been noncommittal on ending cannabis prohibition, says he’s on board with the incoming governor’s marijuana plans.
A study from the Illinois Economic Policy Institute and the University of Illinois determined last month that legalizing marijuana would create 24,000 jobs, generate more than $500 million in tax revenue and infuse roughly $1 billion into the state economy overall by 2020.
Incoming Gov. Tim Walz (D), who is taking over for an outgoing Democratic governor who opposes legalization, has pledged 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.”
He has also championed marijuana issues as a member of the U.S. House and demonstrated that he knows how to advance reform by authoring the first-ever standalone cannabis bill to pass a congressional committee.
Walz’s efforts to legalize will get a boost from the newly elected Democratic House majority, though Republicans control the Senate by one seat. Still, the election of a pro-legalization governor puts Minnesota on the list of states to watch to end prohibition in 2019.
The Granite State is one place that could legalize marijuana in 2019 even in light of strong gubernatorial opposition.
Gov. Chris Sununu (R), despite signing a bill to decriminalize cannabis possession into law in 2017, says he’s so unwilling to go further that he will veto any legalization legislation “regardless of what the language looks like.”
But now, after Democrats took control of both chambers of the state legislature in the midterm elections, the incoming House speaker said he believes that there is enough support from lawmakers to potentially override an expected Sununu marijuana veto.
That’s a bold statement, especially coming from a lawmaker who himself twice voted against cannabis legalization bills, and it indicates how quickly the politics of marijuana continue to evolve in more and more states.
Garden State Gov. Phil Murphy (D), who was elected in 2017, campaigned on supporting marijuana legalization. Since being inaugurated earlier this year, he has continued to push for an end to prohibition.
Although the governor and lawmakers have quibbled over details such as tax rates and regulatory structures, progress is already being made toward getting a bill to Murphy’s desk. Senate and Assembly committees approved marijuana legalization legislation last month, demonstrating that momentum exists to pick up the issue in the new year, when the governor and legislative leaders will continue to negotiate the finer points of exactly how to end prohibition.
The prospects for legalizing marijuana in New Mexico got a lot better with the election of Michelle Lujan Grisham (D) as the state’s next governor.
During a debate she said legalization will bring “hundreds of millions of dollars to New Mexico’s economy.” She has also supported cannabis reform measures as a member of Congress.
The state’s House speaker said that if a legalization bill were to make it to the floor, “it would probably pass.”
Even a Republican senator who is personally opposed to legalization now publicly admits that it is likely on the way soon, saying, “I don’t want recreational marijuana, but I understand the political reality that it is here.”
A year ago few observers thought that the Empire State would be one of the next states to legalize. But in that time, Gov. Andrew Cuomo (D) flipped from calling marijuana a “gateway drug” to saying it’s time to “legalize the adult use of recreational marijuana once and for all.” He also created a task force whose sole goal is to draft legal cannabis legislation for lawmakers to consider in 2019, and directed the Health Department to study legalization, with the resulting report concluding that the “positive effects” of ending cannabis prohibition “outweigh the potential negative impacts.”
And Cuomo, who says that ending cannabis prohibition is one of his top priorities for 2019, isn’t the only prominent elected official to evolve on marijuana this year. Three days after the governor endorsed legalization, so did onetime opponent Bill de Blasio, the Democratic mayor of New York City.
The push to make marijuana legal in New York got another huge boost on Election Day, when Democrats took control of the state Senate, where Republicans had long stymied cannabis reform efforts.
While Gov. Gina Raimondo (D) has been cautious about legalization over the years, her rhetoric has shifted recently, even going so far as to suggest that the state might be effectively peer pressured into ending cannabis prohibition by neighboring states that are moving ahead.
“I’m not sure at this point it is practical to say we’re not going to legalize and regulate,” she said.
House Speaker Nicholas Mattiello (D), who has similarly been reluctant about legalization, is also now pointing to other states as a reason to more seriously consider changing Rhode Island’s laws.
“I am mindful that Massachusetts has legalized it, I believe Connecticut is going to legalize it,” he said. “I think we’re probably going to end up with more social costs without the revenues and that would probably be the worst situation of all.”
Meanwhile, the Republican House minority leader is all-in on legalization.
While Vermont lawmakers in 2018 already legalized the possession and home cultivation of small amounts of marijuana, the law does not allow any form of commercial production and sales, leaving the state without any recreational cannabis tax revenue or mechanism to regulate its trade.
Advocates believe the Democratic-led legislature is likely to send a bill adding legal cannabis commerce to the desk of Gov. Phil Scott (R) in 2019. While Scott signed the less ambitious legislation into law this year, he did so only reluctantly, and has expressed concerns about going further until the state has a better system in place to detect impaired driving. That said, the state Senate has already approved legal marijuana sales legislation in past sessions, and the House appears more open to doing so now that possession is legal—setting up a potential showdown over the issue between lawmakers and the governor in the coming months. It remains to be seen whether Scott would veto a broad legalization bill or whether lawmakers would be able to muster enough support to override him if he does so.
Still, with the regional dynamic heavily shifting in favor of legalization in the Northeast, Vermont is a key state to watch when it comes to cannabis in 2019.
Other Cannabis Moves To Watch
The above covers the states that seem poised to fully legalize marijuana in 2019. But there are others that seem potentially ready to do so via ballot initiatives in 2020 or that could pass other cannabis-related legislation in the upcoming new year.
In Kansas, for example, Gov.-elect Laura Kelly (D) supports legalizing medical cannabis, setting the state up to join its neighbors, Missouri and Oklahoma, in allowing patients to use the drug with their doctor’s recommendation.
Incoming Wisconsin Gov. Tony Evers (D) says he wants to decriminalize marijuana and allow medical cannabis, and also supports letting voters decide on a referendum to fully legalize marijuana.
In Pennsylvania, Gov. Tom Wolf (D), who until recently said that the state is not ready for legalization, now says that he’s ready to take a serious look at the issue. He also supports moving ahead immediately with less far-reaching moves to decriminalize cannabis possession.
In Texas, recently reelected Gov. Greg Abbott (R) indicated during a debate that he is open to some form of marijuana decriminalization—something the state Republican Party officially endorsed this year. Meanwhile, advocates will also push lawmakers to legalize medical cannabis.
And advocates are making it a priority to encourage South Carolina lawmakers to legalize medical cannabis.
Looking ahead to 2020, states like Arizona, Florida, Ohio and North Dakota could consider ballot measures to fully legalize marijuana, while Mississippi, Nebraska and South Dakota could see medical cannabis questions go before voters during that year’s high-turnout presidential election.
“In state after state, lawmakers are coming out of the woodwork in favor of legalization,” Justin Strekal, political director for NORML, said. “Be it on the grounds of criminal justice reform, community-police relations, racial justice, tax revenue or that they just see the writing on the wall, the political evolutions are accelerating at a tremendous rate.”
Photo courtesy of Jurassic Blueberries.
Hemp Farmers Guaranteed Federal Crop Insurance Through Disaster Bill Amendment
The Senate approved a bill on Thursday that is mostly focused on providing relief aid to areas impacted by natural disasters—but it also includes a provision ensuring that hemp farmers qualify for federal crop insurance.
The hemp section was inserted into the legislation at the behest of Senate Majority Leader Mitch McConnell (R-KY). Though similar language already exists in the 2018 Farm Bill, which federally legalized hemp and its derivatives, the senator took an added measure to provide clarity to farmers who want access to the insurance option ahead of the 2020 planting season.
“Beginning not later than the 2020 reinsurance year, the Federal Crop Insurance Corporation shall offer coverage under the wholefarm revenue protection insurance policy (or a successor policy or plan of insurance) for hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o)),” text of the provision states.
“Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985,” it continues.
The Senate passed the bill by a vote of 85 to 8. The House is expected to approve the disaster legislation by unanimous consent by the end of the week, and President Donald Trump has offered assurances that he will sign it into law.
The legalization of hemp has sparked strong interest among farmers in states from Colorado to Kentucky, but it will still be some time until the U.S. Department of Agriculture (USDA) develops and implements its federal regulatory guidelines.
Agriculture Secretary Sonny Perdue said that while his department would not rush its rulemaking process, it still intends to implement the regulations before the 2020 planting season. After that point, USDA would be able to approve regulatory plans submitted by individual states.
McConnell, who championed the hemp legalization provision, has urged the quick and effective implementation of such regulations, and he’s suggested that he’d introduce standalone legislation to resolve any “glitches” in its rollout.
While not a standalone bill, the hemp-focused provision of the disaster legislation seems to indicate he plans to make good on that promise.
The senator has made much of his pro-hemp agenda, arguing last month that his role in reforming hemp laws is at “the top of the list” of reasons why voters should reelect him in 2020. He also cited hemp as an agricultural alternative to tobacco when he introduced a bill this week to raise the minimum age requirement to purchase tobacco products from 18 to 21.
Congressional Report Urges DEA Action On Marijuana Cultivation Applications
A congressional committee report attached a large-scale spending bill containing marijuana-related protections has been amended to include a call for the Drug Enforcement Administration (DEA) to finally act on long-pending applications for federal licenses to grow cannabis for research purposes.
The legislation itself, which was released by a House subcommittee last week, could still be further amended as it goes through the legislative process. But as approved by the full House Appropriations Committee on Wednesday, the bill stipulates that none of the Fiscal Year 2020 funds it allocates may be used by the Justice Department to interfere in state-legal medical marijuana programs.
The provision has been federal law since 2014, but its inclusion in the initial subcommittee proposal as introduced is the earliest it has ever surfaced in the legislative process for the annual spending bill. While advocates hoped broader protections for adult-use cannabis states would also be included in the base legislation, that rider isn’t in the bill—at least not yet.
There was also a technical problem with the legislation that wasn’t resolved by the committee manager’s amendment, the text of which has not been posted but was obtained by Marijuana Moment. The medical cannabis provision lists the states and territories its protections apply to—but it left out the U.S. Virgin Islands, which legalized medical marijuana in January.
Similar errors have occurred in past versions of the legislation, when legal medical cannabis states North Dakota and Indiana were not included in an earlier version of the rider, and advocates hope that the language will be amended on the House floor.
But while that fix didn’t make it into the bill at the committee level, the directive to the DEA about cannabis cultivation licenses was added to the committee report attached to the bill via the manager’s amendment.
“The Committee urges the Drug Enforcement Administration to expeditiously process any pending applications for authorization to produce marijuana exclusively for us in medical research,” the revised report states.
The DEA has faced significant pressure from lawmakers, advocates and scientists to approve applications for additional marijuana manufacturers to produce research-grade cannabis. Currently there is only one federally authorized facility, and the quality of its product has long been criticized.
DEA announced a process to license additional cultivators during the final months of the Obama administration in 2016, but the Justice Department under then-Attorney General Jeff Sessions refused to act on more than two dozen pending applications. Current Attorney General William Barr has pledged to look into the matter, and has said he agrees that approving additional manufacturers is necessary.
Advocates hope that the new committee report language could help to finally spur movement at the department.
“The DEA is a disaster on marijuana and they need to stop obstructing research ASAP,” Michael Collins, director of national affairs for the Drug Policy Alliance, told Marijuana Moment.
“It’s beyond ridiculous that they won’t act on these applications. Even prohibitionists like Project SAM agree,” he added, referring to the anti-legalization group Smart Approaches to Marijuana. “And when the guys who get their drug policy from the 1920s say you’re behind the times, that’s pretty embarrassing.”
Justin Strekal, political director for NORML, said that Sessions “was the only government official opposed to cannabis research, and he is no longer employed.”
“Now is the time for AG Barr to follow through on his commitment and allow researchers pathways to consumer-grade cannabis,” he said.
Another provision included in the appropriations bill would offer protections for states that have implemented industrial hemp pilot programs under the 2014 Farm Bill. The Justice Department wouldn’t be allowed to use its funds to interfere in such programs under the proposal.
Of course, the 2018 version of the agriculture legislation removed hemp and its derivatives from the Controlled Substances Act, shifting regulatory responsibility onto the U.S. Department of Agriculture instead of the Justice Department, so that provision may not be especially relevant going forward.
The bill will next head to the Rules Committee, which will decide the list of amendments—potentially including additional cannabis-related ones—that can be considered on the House floor.
Read the text of the manager’s amendment with the DEA marijuana language below:
Managers Amendment FINAL by on Scribd
Photo courtesy of Mike Latimer.
House Committee Approves Immigration Bill With Marijuana Protections
A congressional committee voted in favor of a wide-ranging immigration bill on Wednesday, and the legislation includes marijuana-related protections for people who were brought to the U.S. as children.
Under the DREAM Act as approved, having low-level cannabis convictions, or engaging in state-legal cannabis-related activities such as working in the regulated marijuana industry, would not be counted against applications for permanent resident status for so-called Dreamers.
The House Judiciary Committee advanced the bill in a 19-10 vote, without specific discussion about the cannabis provisions.
The section concerning eligibility for permanent status stipules that having three or more misdemeanor convictions could be grounds for ineligibility—but the bill creates an exemption for “simple possession of cannabis or cannabis-related paraphernalia” or “any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered.”
The text seems to indicate that immigrants who engaged in cannabis-related activities prior to a state reforming its marijuana laws would still be protected even if that activity was not state-legal at the time.
Similar language appears under a separate section about grounds for a provisional denial of an application for adjustment of status. Applicants would be exempted from such a denial if their conviction was for “simple possession of cannabis or cannabis-related paraphernalia” or “any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered.”
A previous version of the legislation, filed in March, didn’t include the specific eligibility requirements related to certain criminal activity, nor did it contain any explicit marijuana protections. It’s possible that House Democrats thought up the exemptions during a brainstorming session earlier this month about potential bill revisions aimed at building more support.
The next likely stop for the DREAM Act will be the House Rules Committee before heading to a full floor vote.
There’s been growing interest in reforming marijuana policies as they apply to immigrants and visitors to the U.S.
Earlier this month, four congressional Democrats sent a letter to the head of the Justice Department and Department of Homeland Security to end the practice of rejecting naturalization applications solely because the applicant worked in a state-legal marijuana market. That came after the U.S. Citizenship and Immigration Services (USCIS) released a memo specifying that such activity could render them morally unfit for citizenship.
And last week, Rep. Earl Blumenauer (D-OR) introduced legislation aimed at resolving marijuana-related border issues, whereby visitors who admit to using cannabis or working in their country’s legal industry can be denied entrance.
Photo courtesy of Philip Steffan.