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These States Are The Most Likely To Legalize Marijuana In 2021

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Voters approved a slew of marijuana legalization initiatives during November’s election—in states around the country and across the political spectrum—but activists aren’t slowing down. They expect that 2021 will see another surge of reform in state legislatures.

The state-level legalization movement has demonstrated that there’s strong, bipartisan support for the policy change. Lawmakers are increasingly taking note of voters’ appetite for reform as demonstrated at the ballot box, and there are already signals that the new year could see significant developments on the issue in states across the country.

“2020 was an unprecedented year in many ways, including for marijuana reform at the federal and states levels,” Carly Wolf, state policies director for NORML, told Marijuana Moment. “The election results prove even further that medical and adult-use legalization holds widespread support from those across all geographic and political spectrums.”

Marijuana Moment previously analyzed the most likely states to place legalization on their 2022 midterm ballots, but that doesn’t mean advocates will be waiting two years to put additional reform notches on their belts.

“November’s clean sweep of marijuana initiatives will help propel neighboring states’ legislatures to get their own bills past the finish line in 2021,” Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), told Marijuana Moment. “These victories—in blue, red, and purple states—reflect the overwhelming popular support for legalization and a huge missed opportunity for states that fail to act.”

Here’s a breakdown of which states could legislatively advance reform in the new rear, with those most likely to legalize recreational marijuana listed first, followed by those that are somewhat longer shots when it comes to ending prohibition and then those where medical cannabis stands a good chance of being enacted:

States Most Likely To Legalize Recreational Marijuana

Connecticut

There have been repeated attempts to legalize cannabis in Connecticut, but none have gotten over the finish line so far. And while it’s no guarantee, the incoming speaker of the House said in November that he feels there’s a “50-50 chance” that the reform will finally be approved in 2021.

Those increased odds are due in large part to the fact that marijuana policy in the region is rapidly evolving, putting pressure on the state to adopt new laws on the issue to match those of its neighbors.

“It is now legal in New Jersey, New York is coming, and it’s legal in Massachusetts,” Rep. Matt Ritter (D) said. “Connecticut cannot fortify its border.”

Gov. Ned Lamont (D) said that legalizing marijuana in his state will bolster public health amid the COVID-19 outbreak by preventing cannabis tourism to surrounding states.

He said said officials have “got to think regionally when it comes to how we deal with the pandemic—and I think we have to think regionally when it comes to marijuana as well.”

Lamont and other top policymakers in the region have similarly said that the passage of a cannabis legalization referendum in neighboring New Jersey underscores the need for their states to advance the reform in a regionally coordinated manner.

Democrats increased their majority in Connecticut’s state legislature in November’s election, boosting the chances that legalization can succeed in 2021. The governor said the policy change is “on the table” and that it could bring in needed tax revenue.

If the legislature fails to act, top Democratic lawmakers recently said they will take the issue to voters through a proposed constitutional amendment on the ballot in 2022.

New Mexico

New Mexico is another state where lawmakers have tried to no avail to enact legalization in past sessions, but top legislators—as well as the governor—are optimistic about their prospects in 2021.

House Speaker Brian Egolf (D) said that the legislature will again attempt to advance the reform next session, for example. A bill to legalize cannabis for adult use passed one Senate committee in January only to be rejected in another before the end of the short 2020 session.

Gov. Michelle Lujan Grisham (D), said in September that marijuana legalization represents a positive fiscal opportunity for the state, especially amid budget shortfalls caused by the coronavirus pandemic.

Lujan Grisham, who formed a working group to study the impact of legalization in 2019, made a similar argument in April, noting that the reform could generate $100 million in annual revenue.

In May, the governor signaled that she may actively campaign against lawmakers who blocked her legalization legislation in the 2020 session and said in February that she’s open to letting voters decide on the policy change via a ballot referendum if lawmakers can’t get a bill to her desk.

Marijuana legalization was included as a legislative priority for Lujan Grisham as part of the regular session. That didn’t materialize, however.

In 2019, the House approved a legalization bill that included provisions to put marijuana sales mostly in state-run stores, but it later died in the Senate.

Adding pressure on lawmakers to get legalization done in the new year is the fact that voters in neighboring Arizona overwhelmingly approved the policy change in November. Also, cannabis is expected to be legalized across the border in Mexico, with lawmakers facing a Supreme Court mandate to end prohibition by April 2021.

The legalization effort in the state may also get a boost from the results primary elections in which several Democratic lawmakers who had opposed the reform were ousted by progressive challengers.

New York

Advocates are strongly pushing New York to finally legalize marijuana for adult use. Gov. Andrew Cuomo (D) in recent years has become a major backer of the policy change, but the legislature has declined to advance reform legislation despite him including it in his last two budget requests. While leading lawmakers also support legalization, the effort has stalled over disagreements on details such as taxes and revenue allocations.

In December, the governor discussed the fiscal benefits of legalizing cannabis, as a group of progressive organizations and lawmakers separately included marijuana reform in a package of criminal justice measures they want prioritized.

2021 seems to be shaping up to be a more productive year for enacting the policy change, especially after voters in neighboring New Jersey approved legalization at the ballot box in November.

The top Republican in the New York Assembly said that he expects the legislature to legalize cannabis in the coming session, for example.

Senate Majority Leader Andrea Stewart-Cousins (D) said that she also anticipates that the reform will advance in 2021, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed.

Cuomo said that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to offset economic losses from the coronavirus pandemic.

“You have such a [budget] gap now,” he said. “I think it’s going to be an easier conversation.”

A top aide also confirmed in October that the administration planned to give legalization another try in 2021, and the governor said in a separate recent interview that he felt the reform would be accomplished “soon.”

Senate Democrats are on better footing to advocate for policies they favor since they secured a supermajority during the recent election. If Cuomo were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.

New York lawmakers have separately prefiled eight medical cannabis reform bills so far to be considered in upcoming session.

Rhode Island

Rhode Island’s governor and legislative leaders have expressed significant interest in legalizing marijuana in 2021.

And while there are still some disagreements about what a legal market might look like—with some pushing for a state-run model and other favoring a more traditional commercial system—there are already plans in the works to advance reform.

Senate President Dominick Ruggerio (D) recently said that he asked Majority Leader Michael McCaffrey (D) and Sen. Joshua Miller (D), who has led efforts to legalize in past sessions, to work out the details for a marijuana bill for the new legislative session.

“The time has come to legalize adult cannabis use,” McCaffrey said in November. “We have studied this issue extensively, and we can incorporate the practices we’ve learned from other states.”

Also that month, the Senate Finance Committee held a hearing to begin formal consideration of Gov. Gina Raimondo’s (D) proposal to legalize marijuana through a state-run model, which she originally included in a budget proposal last January before the pandemic. The governor has argued in the past that the public model “will allow the state to control distribution, prevent youth consumption, and protect public health.”

Incoming House Speaker Joseph Shekarchi (D), meanwhile, said that he’s “absolutely” open to the idea of cannabis legalization and that his chamber is “very close” to having majority support for the change.

“The governor feels maybe it should be state-run like they do in New Hampshire with the liquor stores,” he said. “I think maybe we can look at a private model.”

Those comments reflected much of the discussion at the recent Senate hearing, where lawmakers largely focused their comments on how the state should legalize rather than whether it should.

Raimondo also put legalization in her earlier 2019 budget, but that proposal did not include the state-run model.

Meanwhile, Shekarchi also recently said that while he doesn’t have “a particular leaning” on marijuana reform, he plans to establish a House task force to look at the issue.

Virginia 

In December, the governor of Virginia unveiled a budget proposal that “lays the groundwork to legalize marijuana” by including millions of dollars to support efforts to expunge cannabis convictions as well as steps to set up the state to eventually implement a system of commercial sales.

Gov. Ralph Northam (D) had campaigned on merely decriminalizing possession, but he publicly backed broader legalization of marijuana for adult use in November, just as a legislative commission issued recommendations on how to most effectively enact such a system.

Separately, a working group comprised of four Virginia cabinet secretaries and other top officials submitted marijuana legalization recommendations to the governor and lawmakers, and that included investing in social equity and expunging prior cannabis convictions. Their report was required as part of a cannabis decriminalization bill that the governor signed in 2019.

Meanwhile, legislation to stop police from searching people or seizing property based solely on the smell of marijuana in Virginia is set to take effect after lawmakers adopted recommended changes from the governor in October.

Also during the recently concluded special session, Northam signed another bill that will allow people issued summonses for cannabis offenses under the state’s new decriminalization law to prepay their civil penalty rather than having show up in court.


Marijuana Moment is already tracking more than 100 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.

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

States That Could Legalize Recreational Marijuana

In addition to the states above where a combination of gubernatorial and legislative support is aligned behind ending prohibition, there are several other states where momentum is building and that legalization is possible, though less likely due to remaining opposition from certain top leaders.

Delaware

In 2019, a Delaware House committee approved a bill to legalize marijuana for adult use in the state, but it did not advance before the end of the session.

Rep. Ed Osienski (D), sponsor of the measure, plans to reintroduced it in 2021, according to the Marijuana Policy Project.

Legalization legislation previously received majority support on the House floor in 2018, but procedural rules required a supermajority for it to pass and it didn’t meet that threshold.

While Gov. John Carney (D) is not in favor of legalization, he did sign two pieces of marijuana expungement legislation in recent years. In 2017 and 2018, a state task force met to discuss issues related to legalization, and the governor hosted a series of roundtable meetings about cannabis.

Carney’s predecessor approved a measure to decriminalize simple possession of cannabis in 2015.

As in other states without legalization on the books in the Northeast, regional pressures could come into play in 2021. Delaware borders New Jersey, where voters opted to legalize in November, as well as two other states where cannabis reform could shortly advance.

Separately, in an effort to mitigate the spread of coronavirus, state regulators announced in April that medical cannabis patients could soon access delivery services under an emergency program.

Maryland

A top Maryland lawmaker recently prefiled a bill for 2021 that would legalize recreational cannabis.

Beyond permitting adults to possess and purchase marijuana, the legislation would also allow for sales by state-licensed businesses, expunge past convictions and establish a social equity program meant to reinvest in communities disproportionately impacted by the war on drugs.

Medical cannabis was legalized in Maryland in 2012. Decriminalization of marijuana possession took effect in 2014, removing the threat of jail time for low-level possession and replacing it with a civil fine. But broader reform has stalled in the state.

That could change in 2021, especially if neighboring Virginia moves forward with legalization and adds regional pressure on Maryland lawmakers.

The House approved a bill in 2020 that would have increased the cannabis possession threshold to one ounce, but it did not move through the Senate.

In 2019, a House committee held hearings on two bills that would have legalized marijuana, but those also stalled.

Gov. Larry Hogan (R) vetoed a bill in May that would have protected people with low-level cannabis convictions from having their records publicized on a state database. However, he said he took the action because legislators failed to act on a separate bill unrelated to cannabis.

Despite staying relatively quiet on his personal cannabis policy preferences, Hogan has expressed an openness to exploring the possibility of legalizing marijuana. If he gets on board with the broad reform, that could help him politically should he decide to pursue a run for the presidency in 2024, as he’s rumored to be considering.

Minnesota

The most significant factor bolstering the chances of passing legalization in Minnesota in 2021 is the support of House Majority Leader Ryan Winkler (D), who filed a bill earlier this year to enact the policy change, and Gov. Tim Walz (D), who has taken steps to prepare the state for eventually ending prohibition.

Winkler described his legislation, which did not advance this session, as the “best” in the country in part because it would have prioritized social equity in the industry.

The governor said in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

In December, the House Select Committee On Racial Justice adopted a report that broadly details race-based disparities and recommends a series of policy changes that could resolve those issues, including marijuana decriminalization and expungements.

Any attempt to pass legalization legislation will face an uphill battle in the Republican-controlled Senate, however. In 2019, a legalization bill was defeated in a Senate committee, and Senate Majority Leader Paul Gazelka (R) said that the proposal is “not good for Minnesota.”

Another sign of the challenge advocates face heading into the next session is that Senate Republicans in May quashed a measure that would have allowed patients to purchase raw, whole-plant forms of cannabis.

But lawmakers may be feeling new pressure to enact the policy change given that voters in neighboring South Dakota elected to legalize recreational marijuana in November.

That election also failed to give Democrats control of the legislature—and that 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.

Pennsylvania 

Since adopting a pro-legalization position in 2019, Gov. Tom Wolf (D) has repeatedly called on the legislature to enact the policy change. He’s stressed that marijuana reform could generate tax revenue to support the state’s economic recovery from the coronavirus pandemic and that ending criminalization is necessary for social justice.

In September, he took a dig at the Republican-controlled legislature for failing to act on reform in the previous session. And in August, he suggested that the state itself could potentially control marijuana sales rather than just license private retailers as other legalized jurisdictions have done.

Lt. Gov. John Fetterman (D), a longstanding legalization advocate, has been similarly vocal about his position. In speeches and on social media, the official has expressed frustration that Pennsylvania has yet to legalize cannabis.

He’s said that farmers in his state can grow better marijuana than people in neighboring New Jersey, where voters approved a legalization referendum in November.

Fetterman also recently hosted a virtual forum where he got advice on how to effectively implement a cannabis system from the lieutenant governors of Illinois and Michigan, which have enacted legalization.

Shortly after the governor announced that he was embracing the policy change, a lawmaker filed a bill to legalize marijuana through a state-run model.

A majority of Senate Democrats sent Wolf a letter in July arguing that legislators should pursue the policy change in order to generate revenue to make up for losses resulting from the COVID-19 pandemic.

But the state legislature remains under Republican control, and top leaders have so far maintained their opposition to legalization.

Wisconsin

The governor of Wisconsin recently said that he’s considering adding marijuana legalization to his 2021 budget proposal as a means to boost tax revenue amid the coronavirus pandemic.

While Gov. Tony Evers (D) attempted to get marijuana possession decriminalized and medical cannabis legalized through the budget in 2019, Republican leaders in the legislature nixed those measures from the final spending bill. There’s since been an open question about how the governor would navigate the issue this time around, but now he’s indicating he may go bolder.

Evers criticized the legislature for failing to act on the more incremental reforms at the beginning of 2020, citing overwhelming public support for medical cannabis legalization.

Wisconsin legislators filed a bill last year to remove criminal penalties for possession of up 28 grams of marijuana, but it did not advance.

Meanwhile, voters at the local level have been making their opinion clear on cannabis reform over the past few years. In three jurisdictions, they approved non-binding advisory questions in favor of marijuana legalization last year. That’s after Wisconsinites across the state overwhelmingly embraced cannabis reform by supporting similar measures during the 2018 midterm election.

In another sign of the times, city officials in the state’s capital of Madison voted in November to remove most local penalties for marijuana possession and consumption, effectively allowing cannabis use by all adults 18 and older.

Wisconsin also borders Illinois, where adult-use marijuana is legal and where tax revenue from cannabis sales has been significant in the year since the commercial market opened.

States Most Likely To Legalize Medical Cannabis

Alabama 

In 2020, the Alabama Senate approved legislation to legalize medical marijuana in the state but it never advanced in the House amid the coronavirus pandemic.

The Senate approved a separate medical cannabis bill in 2019, but it was significantly altered and later died in the House.

A study commission submitted a report to the legislature in December 2019 and recommended that medical marijuana be legalized in the state.

Separately, a Senate committee unanimously approved a bill in 2018 that would have decriminalized possession of small amounts of marijuana, but it did not advance further.

The Senate’s incoming president voted against medical cannabis in 2020 but said he is open to letting the issue advance in the new session. Meanwhile, the House speaker said that “if the bill comes up and it has proper restrictions in it, then I’m open to at least debating it.”

Kentucky

The Kentucky House in 2020 approved a bill to legalize medical marijuana in the state, but the coronavirus pandemic stalled the legislation’s progress in the Senate.

Passing medical cannabis legalization in Kentucky could have national implications as well, as anti-marijuana Senate Majority Leader Mitch McConnell (R-KY) has been a longstanding roadblock to reform but could feel pressure to serve his constituents by taking up modest legislation such as protecting banks that service the industry.

Gov. Andy Beshear (D) is in favor of medical cannabis legalization. During his campaign, he said the reform move could help mitigate the opioid crisis.

According to a poll released in February, nine out of 10 Kentucky residents support legalizing medical marijuana.

South Carolina

In December, Republicans in the House and Senate prefiled companion legislation to legalize medical marijuana.

“I feel there is a very good chance we get something passed this session,” sponsor Sen. Tom Davis (R) said. “This bill has been fully vetted after five years of testimony and input by various stakeholders.”

“The time has come for lawmakers to get out of the way and allow patients, in consultation with their physicians, to legally and safely access medicinal cannabis,” he said.

In 2019, a medical cannabis bill advanced in a Senate committee but never got a floor vote.

A potential problem for reform is Gov. Henry McMaster (R), who says he will maintain an opposition to legalization so long as law enforcement officials in the state are against it.

Like Kentucky, enacting a marijuana policy change in South Carolina would be of national consequence as well. Sen. Lindsey Graham (R-SC) is chair of the Judiciary Committee, a key panel for any potential cannabis legislation. The senator’s challenger in the last election, former South Carolina Democratic Party ChairmanJaime Harrison, made broad legalization a central part of his campaign.

The stage is set for a productive year of marijuana reform.

While advocates are still celebrating 2020’s legalization victories, 2021 is set to see another expansion of the state-level reform movement, with lawmakers likely emboldened by the apparent popularity of the issue among voters.

“Now that one-third of Americans live in a jurisdiction that has or will soon have legal access to marijuana for adults, all eyes are on lawmakers to take action on reform proposals in the 2021 legislative sessions, and it will be up to advocates at every level of government to keep up the political pressure to propel the enactment of meaningful reform,” NORML’s Wolf said.

As states work to address budget deficits, O’Keefe of MPP said that legalization “is even more popular when compared to alternatives like raising taxes or slashing public services.”

“Many Massachusetts dispensaries’ parking lots are full of license plates from neighboring states without legalization,” she said. “With states facing large-scale unemployment and deep financial pressures, it would be political malpractice not to pick this low-hanging fruit to lessen the pain.”

Wisconsin Governor Floats Marijuana Legalization In 2021 Budget To Boost Economy

Photo courtesy of Carlos Gracia.

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.

Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

Politics

Ohio Marijuana Activists Launch Ballot Campaign To Push Lawmakers To Enact Legalization

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Ohio marijuana activists have a new plan to legalize cannabis in the state as lawmakers pursue separate reform legislation.

Voters rejected a 2015 legalization initiative, and advocates suspended a campaign to place another measure on the 2020 ballot due to the coronavirus pandemic. But on Tuesday, the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) launched a new effort to implore legislators to enact the policy change.

The group submitted the requisite 1,000 signatures to the Ohio attorney general’s office on Tuesday. Officials now have 10 days to review the summary and text to ensure that it is “fair and truthful” and approve it for circulation. Several existing medical cannabis businesses are backing the measure.

“I think people are tired of prohibition with respect to marijuana,” spokesperson Tom Haren told Marijuana Moment in a phone interview on Tuesday, adding that he thinks Ohioans are ready to join the growing list of states that are enacting legalization.

Unlike past efforts, the new measure is a statutory, rather that a constitutional, proposal. If supporters collect 132,887 valid signatures from registered voters, the legislature will then have four months to adopt the measure, reject it or adopt and amended version. If lawmakers to not pass the proposal, organizers will then need to collect an additional 132,887 signatures to place the measure before voters on the ballot in 2022.

“We are proposing to regulate marijuana for adult use, just like we do for alcohol,” Haren said in a press release. “Our proposal fixes a broken system while ensuring local control, keeping marijuana out of the hands of children and benefiting everyone.”

The proposed law that CTRMLA is pushing would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates. Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.

It’s a notable departure from the failed 2015 reform initiative, which faced criticism from advocates because of an oligopolistic model that would’ve granted exclusive control over cannabis production to the very funders who paid to put the measure on the ballot.


Marijuana Moment is already tracking more than 1,100 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 10 percent sales tax would be imposed on cannabis sales, with revenue being divided up to support social equity and jobs programs (36 percent), localities that allow adult-use marijuana enterprises to operate in their area (36 percent), education and substance misuse programs (25 percent) and administrative costs of implementing the system (three percent).

Under the proposal, a Division of Cannabis Control would be established under the state Department of Commerce. It would have authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.”

The measure gives current medical cannabis businesses a head start in the recreational market. Regulators would need to begin issuing adult-use licenses to qualified applicants who operate existing medical operations within nine months of the enactment of the legislation.

The division would also be required to issue 40 recreational cultivator licenses and 50 adult-use retailer licenses “with a preference to applications who are participants under the cannabis social equity and jobs program.” And it would authorize regulators to issue additional licenses for the recreational market two years after the first operator is approved.

Individual municipalities would be able to opt out of allowing new recreational cannabis companies from opening in their area, but they could not block existing medical marijuana firms even if they want to add co-located adult-use operations. Employers could also maintain policies prohibiting workers from consuming cannabis for adult use.

Further, regulators would be required to “enter into an agreement with the Department of Mental Health and Addiction Services” to provide “cannabis addiction services,” which would involve “education and treatment for individuals with addiction issues related to cannabis or other controlled substances including opioids.”

“Marijuana legalization is an issue whose time has come in Ohio,” Haren said in the press release, adding that “we crafted legislation based on the best practices learned by those that went before us.”

“Ohioans want this,” he said. “They see marijuana legalization as inevitable. They want our leaders to seize the opportunity and take control of our future.”

With respect to social equity, some advocate are concerned about the lack of specific language on automatic expungements to clear the records of people with convictions for offenses that would be made legal under the legislation. That said, it does include a provision requiring regulators to “study and fund” criminal justice reform initiatives including expungements.

Haren said the reason they weren’t able to prescribe specific expungement provisions is due to the state’s single subject ballot rule for initiated statutes.

If the measure does make the ballot, the results of local reform initiatives across the state signal that it would be successful.

As it stands, 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, with several having already collected enough signatures to qualify for local ballots.

“Legalization is popular in Ohio,” Haren told Marijuana Moment. “That’s why these types of local decrim measures are passing—because people recognize that marijuana prohibition has failed, and it’s not good policy. And it’s much better policy to have a regulated market that provides consumers with an ability to purchase from a legal, regulated source.”

Meanwhile, state Rep. Casey Weinstein (D) recently announced he will be sponsoring legislation alongside Rep. Terrence Upchurch (D) this session that would legalize and regulate marijuana in the state. It would mark the first time such a proposal to allow recreational cannabis commerce has been introduced in the legislature

“Ohioans and Americans are way out ahead on this issue, and the comfort level with first decriminalization and medical marijuana and then full legalization is just so far beyond where legislators are,” Weinstein told Marijuana Moment in a phone interview about his bill. “This is an effort to close that gap and catch up.”

Haren said that while he hasn’t reviewed Weinstein’s legislation at this point, his organization would welcome working with any lawmaker to get reform enacted one way or the other.

Weinstein’s bill would 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 will also include provisions to expunge prior convictions for possession and cultivation activities that are being made legal under the measure.

Like the CTRMLA proposal, a 10 percent excise tax would be imposed on marijuana sales. But after covering administrative costs, revenue would be 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).

Gov. Mike DeWine (R) is likely to oppose the legislative effort given his record. But a voter-led initiative could create a different opportunity for advocates.

“We are laser focused at this point on getting the required number of signatures, sending it to the legislature and then working with them—hand in glove, in lockstep, whatever phrase you want to use—to get get this proposal ultimately signed into law by the governor,” Haren said.

According to cleveland.com, the CTRMLA campaign has already hired several prominent consulting firms to work on the effort, suggesting it has robust funding.

Massachusetts Lawmakers Discuss Bill To Create Psychedelics Legalization Task Force At Hearing

Photo courtesy of Philip Steffan.

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Massachusetts Lawmakers Discuss Bill To Create Psychedelics Legalization Task Force At Hearing

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Massachusetts lawmakers on Tuesday heard testimony about a bill to create a task force charged with studying the implications of legalizing psychedelics like psilocybin and ayahuasca.

The legislature’s Joint Judiciary Committee met to discuss legislation from Rep. Mike Connolly (D). While members didn’t vote on the proposal, the sponsor was able to make the case for the reform, noting the emerging research that suggests entheogenic substances hold significant therapeutic potential for certain mental health conditions.

He also pointed to the local reform movement that’s led three Massachusetts cities to decriminalize psychedelics so far, saying it represents “another reason why it should be a priority for all of us to bring stakeholders together and have that conversation about what policies should look like.”

“We’re hearing from the medical community, we’re hearing from clinicians and researchers that the potential benefits here simply can’t be ignored,” Connolly said. “There are these issues like PTSD and depression, anxiety and addiction that…we are struggling to address, and what the research is telling us is that these substances offer a tremendous benefit.”

The 21-member task force that the lawmaker is proposing would be responsible for analyzing the pros and cons of “legalizing the possession, consumption, transportation and distribution of naturally cultivated entheogenic plants and fungi.”

The sponsor said on Tuesday that the group “could really allow Massachusetts to play a leadership role in crafting policies around these substances.”

In an email to Marijuana Moment, Connolly said that momentum for broader psychedelics and drug policy reform in states across the country shows that “our proposal to create a task force to craft policies around legalization is rational and warranted.”

“Given our status as a longtime leader in civil rights, freedom, academic research and advances in medicine,” he said, “it is important for the Commonwealth of Massachusetts to be proactive about crafting policies to ensure that as the movement for legalization of psychedelics continues to advance—and as the clinical trials showing the therapeutic value of these medicines continue to pile up—that we are moving forward in an equitable, just and inclusive fashion.”


Marijuana Moment is already tracking more than 1,100 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.

Middlesex District Attorney Marian Ryan also testified in favor of the reform proposal before the committee on Tuesday.

For the most part, the burgeoning psychedelics reform movement has been limited to decriminalization—with the exception or Oregon, where voters elected to legalize psilocybin for therapeutic purposes during last year’s election. California activists are also pushing to place psilocybin legalization on the state’s 2022 ballot as a lawmaker works to pass a separate bill to legalize possession of a wide range of psychedelics that has already passed the state Senate and two Assembly committees.

While the Massachusetts legislation would only establish a task force to investigate the potential legalization of these substances, it marks another significant development demonstrating how local reforms have caught the attention of state legislators.

Connolly said at Tuesday’s hearing that it’s important to remember “that it was the Nixon administration in the 1970s that classified entheogens as Schedule I substances, without any real scientific basis. It was more to do with politics—it was more to do with systemic racism—that led to this classification and this criminalization.”

“Today, when you hear some of the professionals, some of the researchers talk about this, they really feel like we lost several decades of potential therapeutic benefit because of these arbitrary political decisions,” he said. “With this task force, there really is an opportunity for us in Massachusetts to bring policymakers and stakeholders together to make sure that as this research advances we can be ready with applicable policies, so don’t don’t repeat the mistakes of the past.”

The lawmaker said “the war on drugs, racial injustice and years of oppression here in our country” partly motivated the introduction of his legislation.

The task force would “bring together stakeholders from the scientific, public safety, racial justice, harm reduction, indigenous, social work, the relevant regulatory bodies and medical communities to make recommendations for the legalization and possession, consumption and distribution of entheogenic substances,” he said.

Three Massachusetts cities—NorthamptonSomerville and Cambridge—have each passed resolutions to deprioritize enforcement of laws against the possession, use and distribution of a wide range of psychedelics and other drugs.

“I’m proud to represent Somerville and Cambridge, two communities that have acted in recent months to decriminalize the possession of psychedelics and entheogenic plans, primarily as part of the larger movement to continue working to undo the racist impact of the War On Drugs,” Connolly told Marijuana Moment.

If his bill is enacted, the 21-person task force would have until June 2022 to study the effects of plant- and fungi-based psychedelics and develop recommendations for how to legalize the substances “in a manner that maximizes equitable access and sustainable manufacture of these plants.”

Particular focus would be paid under the bill to the impact of drug prohibition on on marginalized groups, “including indigenous people, veterans, people with physical and mental health disabilities, Black people, people of Latino and Hispanic heritage, people of Asian descent, people of color, people in poverty, and people identifying with the LGBTQ community.”

The measure also calls for the task force to develop recommendations around “pardons, parole, diversion, expungement, and equity measures” for people with criminal records due to possession, or distribution of controlled substances.

The Massachusetts developments are some of the latest iterations of a national psychedelics reform movement that’s spread since Denver became the first city to decriminalize psilocybin mushrooms in 2019.

Besides the cities in Massachusetts, four others—OaklandSanta CruzAnn Arbor and Washington, D.C.—have also decriminalized possession of plant-and fungi-based psychedelics.

An Arcata, California councilmember announced this month that she would sponsor a measure to decriminalize psychedelics. That measure has since been referred to a committee.

The governor of Connecticut signed legislation recently that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas also recently enacted a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill last month that would require the state to establish an institute to similarly research the medical value of psychedelics.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

After Ann Arbor legislators passed a decriminalization resolution last year, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

The Aspen, Colorado City Council discussed the therapeutic potential of psychedelics like psilocybin and proposals to decriminalize such substances at a meeting in May. But members said, as it stands, enacting a reform would be more better handled at the state level while entheogens remain strictly federally controlled.

Seattle lawmakers also recently sent a letter to members of a local task force focused on the opioid overdose epidemic, imploring the group to investigate the therapeutic potential of psychedelics like ayahuasca and ibogaine in curbing addiction.

The psychedelics conversation is also catching on at the federal level.

The U.S. House of Representatives will vote this week on a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that remove a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine.

In 2019, a large majority of Democratic House members joined all but seven Republicans in a vote against an earlier version of the congresswoman’s amendment. But given the surge in state and local psychedelics reform efforts in the years since, it stands to reason that this Congress may take the issue more seriously this time.

Federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions, a report attached to separate spending legislation that’s part of an advancing minibus package says.

When it comes to broader drug policy reform, Oregon voters also approved an initiative in November to decriminalize possession of all drugs. This year, the Maine House of Representatives passed a drug decriminalization bill, but it later died in the Senate.

Last month, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

White House Declines To Blame Marijuana Sales For Violent Crime Spike Despite D.C. Police Chief’s Comments

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Congress To Vote On Marijuana, Psychedelics And CBD Amendments This Week Following Committee Action

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A key House committee on Monday cleared a series of cannabis and psychedelics-related amendments for floor votes as part of large-scale spending legislation. That floor action could happen as soon as Tuesday.

However, the panel also blocked two measures on housing protections for cannabis consumers that legalization supporters hoped to see advance.

One of the most notable amendments the House Rules Committee allowed to move forward for possible attachment to appropriations legislation would remove a rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine.

The reform measure is being sponsored by Rep. Alexandria Ocasio-Cortez (D-NY), and it targets 1990s-era provision that’s long been part of spending legislation for the Department of Health and Human Services (HHS). The congresswoman attempted to eliminate the language via an amendment in 2019 only to have it defeated by Republicans as well as a majority of her party. But it’s far from the only measure being proposed this appropriations season when it comes to drug policy matters.

Some are being backed by reform advocates, while others have received sharp criticism.

One pro-reform amendment that’s advancing would encourage the Food and Drug Administration (FDA) to approve rules allowing CBD as a dietary supplement and food ingredient.

On the other side, there is a proposal from Rep. Debbie Lesko (R-AZ) to the HHS appropriations bill to eliminate a rider that’s currently in the bill that “allows federal funding to go to institutions of higher education that are conducting research on marijuana.”

The reason this measure has generated particular pushback is because research into cannabis is an overwhelmingly bipartisan issue, and top federal drug officials have repeatedly urged Congress to support policies that make it easier to study the risks and benefits of the plant. What’s more, Lesko represents a state with adult-use legalization on the books.

Activists are disappointed that two marijuana reform measures from Rep. Eleanor Holmes Norton (D-DC) are being blocked from floor consideration. Her proposals—which were aimed at appropriations legislation for the Department of Housing and Urban Development (HUD)—would have made it so marijuana possession or consumption could not be used as the sole basis for denying people access to public housing. One Norton amendment was narrowly focused on medical cannabis while a second measure would have covered all marijuana use that’s legal under state laws.

“It’s disappointing that those who rely on public support for housing will continue to be discriminated against for their state-legal choices,” NORML Political Director Justin Strekal told Marijuana Moment.

Advocates were surprised that the Rules Committee, chaired by marijuana reform supporter Rep. James McGovern (D-MA), sought to prevent a floor vote on the Norton cannabis amendments.

A committee spokesperson told Marijuana Moment that the proposals “had points of order against them and we never make amendments in order with points of order against them.”

Here are the descriptions of measures that the Rules Committee made in order for floor votes: 

Rep. Alexandria Ocasio-Cortez (D-NY): Allows United States researchers to study and examine the potential impacts of several schedule I drugs, such as MDMA, psilocybin, and or ibogaine, that have been shown to be effective in treating critical diseases.

Rep. Kurt Schrader (D-OR): Increases and decreases by $5 million, funding for the Center for Food Safety and Applied Nutrition at the FDA, to highlight the need for the Agency to proceed with rulemaking on cannabidiol (or CBD) by no later than 180 days after enactment, out of concern that the FDA has not initiated rulemaking to establish a regulatory pathway for CBD as a dietary supplement and food ingredient.

Rep. Debbie Lesko (R-AZ): Strikes language that allows federal funding to go to institutions of higher education that are conducting research on marijuana.

Rep. Doug LaMalfa (R-CA): Transfers $25 million from the Environmental Programs and Management enforcement activities account to the National Forest System account for enforcement and remediation of illegal marijuana trespass grow sites on federal lands and for the clean-up of toxic waste and chemicals at these sites.

Here are the amendments that were not ruled in order and are thus dead: 

Rep. Eleanor Holmes Norton (D-DC): Prohibits HUD from enforcing the prohibition on the use or possession of marijuana in federally assisted housing in states where marijuana is legal.

Rep. Eleanor Holmes Norton (D-DC): Prohibits HUD from enforcing the prohibition on the use or possession of medical marijuana in federally assisted housing in states where medical marijuana is legal.

Rep. Doug LaMalfa (R-CA): Prohibits funds from this section from being used to fund needle distribution programs for illegal drugs.

Rep. Ted Butt (R-NC): Prohibits federal funds from being used to purchase clean syringes for illegal drug use.

Rep. Ted Butt (R-NC): Prohibits federal funds from being used to purchase clean syringes for illegal drug use in DC.

Rep. French Hill (R-AR): Increases funding by $50 million for the Office of National Drug Control Policy’s High Intensity Drug Trafficking Areas Program. Offsets the increase with a decrease in funding of $50 million for the Electric Vehicles Fund.


Marijuana Moment is already tracking more than 1,100 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.

Overall, these amendments were targeted for inclusion in an appropriations “minibus” bill for fiscal year 2022 to fund the Departments of Labor, Health and Human Services, Education, Agriculture, Rural Development, Energy and Water Development, Financial Services and General Government, Interior, Environment, Military Construction, Veterans Affairs, Transportation, and Housing and Urban Development.

The spending package that is now heading to the House floor for votes on Tuesday also, under its language as originally introduced in appropriations subcommittees, would allow Washington, D.C. to use its local tax dollars to implement a system of lawful marijuana sales for adults.

That stands in contrast to a budget proposal from President Joe Biden, whose administration is seeking to keep language protecting medical cannabis states from federal intervention but has excluded the provision on giving D.C. autonomy to legalize marijuana commerce.

Another provision that was added as part of the Financial Services and General Government (FSGG) spending bill would protect banks that work with marijuana businesses. Further, the committee report attached to that legislation encourages federal government agencies to reconsider policies that fire employees for using marijuana in compliance with state law.

Federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions, a report attached to separate spending legislation that’s part of the advancing minibus package says.

Report language also directs the U.S. Department of Veterans Affairs (VA) to improve communication on veteran eligibility for home loans and report back to Congress on its progress within 180 days of the enactment of the legislation. A separate provision urges VA to expand research on the medical benefits of cannabis for veterans.

In the report for Agriculture Department funding, lawmakers took issue with the 2018 Farm Bill’s 0.3 percent THC cap for lawful hemp products and directed USDA to work with the U.S. Department of Health and Human Services (HHS) and DEA on a study of whether that threshold is scientifically backed. That report also addressed numerous other issues related to the crop.

Other report language attached to this spending package highlights the difficulty of studying Schedule I drugs like marijuana, recognizes the medical potential of cannabinoids like CBD, encourages federal agencies not to restrict the plant kratom and acknowledges the lifesaving value of syringe access programs and safe consumption sites for illegal drugs.

The appropriations process this session has seen numerous drug policy reform provisions included in bill text and attached reports—also stopping immigrants from being deported for cannabis, for example, among other issues.

A bipartisan group of congressional lawmakers recently circulated a letter to build support for an amendment to a separate Department of Justice spending bill that would protect all state and tribal marijuana programs from federal interference—going beyond the existing measure that shields only medical cannabis states that’s currently enacted into law. There are now 15 cosponsors signed on to the broader proposal, which is expected to be considered by the Rules Committee and then potentially see floor action this week.

The Commerce, Justice, Science, and Related Agencies (CJS) spending report also notes that the Drug Enforcement Administration (DEA) has moved to approve additional marijuana manufacturers for research purposes and says the committee supports ongoing research efforts on cannabis, particularly in the wake of an outbreak of lung injuries associated with unregulated vaping products.

A provision was also attached to the bill that would make states and localities ineligible for certain federal law enforcement grants if they maintain a policy allowing for no-knock warrants for drug-related cases. That policy garnered national attention following the police killing of Breonna Taylor, who was fatally shot by law enforcement during a botched drug raid.

The Rules Committee is set to take up CJS and other appropriations legislation on Tuesday.

White House Declines To Blame Marijuana Sales For Violent Crime Spike Despite D.C. Police Chief’s Comments

Photo courtesy of Mike Latimer.

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