Legality of Cannabis by U.S. Jurisdiction

List of 2023 United States cannabis reform proposals
2022 ←
→ 2024
Legality of cannabis in the United States (2023)
Status
  Legal for recreational use
  Legal for medical use
  Illegal

The year 2023 began with several state efforts to legalize adult-use or medical cannabis, despite an apparently stalled federal effort to do so.[1] A cannabis industry executive predicted that at least two states would enact adult-use reform in 2023, with the most likely states to legalize being Minnesota, Pennsylvania and Ohio.[2] Cannabis eradication for outdoor grows continue in states where the plant is both illegal and legal. Raids in Connecticut, Indiana and Nevada County, California are conducted by helicopter by the state police and National Guard units.[3][4][5]

2023 Oklahoma State Question 820 was rejected by over 60% of voters, the largest margin of defeat for a legalization measure since the beginning of the Green rush.

Voters approved 2023 Ohio Issue 2 in November, making Ohio the 24th state to legalize adult use, post-prohibition.

Federal[edit]

Legislation[edit]

HR 610, the "Marijuana 1-to-3 Act" to reschedule cannabis to Schedule III of the Controlled Substances Act was introduced by Greg Steube (R) on January 27. It was referred the Committee on Energy and Commerce.[6]

The Industrial Hemp Act was introduced on March 23 by Jon Tester (D) and Mike Braun (R). It would ease hemp regulations for farmers that were created with the 2018 Farm Bill.[7]

Veterans Equal Access Act was introduced by Senators Earl Blumenauer (D) and Brian Mast (R) in March. It would allow Veterans Administration doctors to recommend cannabis to patients in states with medical cannabis programs.[8][a] Disabled American Veterans, a Veterans Service Organization, released an article in support of cannabis in the July/August 2023 edition.[10]

The PREPARE Act, introduced in 2022, was reintroduced on April 14 by Republican representatives Dave Joyce and Brian Mast, with House Minority Leader Hakeem Jeffries. It would create a federal "Commission on the Federal Regulation of Cannabis" to study regulatory and tax frameworks for legalization, and direct federal departments to do so as well, with a report due in one year.[11][12]

Gun Rights and Marijuana (GRAM) Act was reintroduced in April by Brian Mast (R).[13]

The Veterans Medical Marijuana Safe Harbor Act, introduced in 2021, was reintroduced on April 19.[14][15][non-primary source needed]

The SAFE Banking Act was reintroduced on April 26 in both chambers. Senators Jeff Merkley (D) and Steve Daines (R), and Representatives Dave Joyce (R) and Earl Blumenauer (D) were the lead sponsors.[16]

On April 28, Representative Nancy Mace said she received assurances that the STATES Act would receive a committee vote, in a deal made with the House Speaker concerning a future vote on the U.S. debt ceiling.[17]

On July 26, the House passed by voice vote an amendment to a defense spending bill that would allow Veterans Affairs doctors to recommend cannabis for their U.S. military veteran patients.[18] The provision was incorporated into the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023, passed by both chambers.[19]

H.R. 5040, the Cannabis Users' Restoration of Eligibility (CURE) Act, which removes cannabis as a consideration for federal employment or security clearance, was introduced in July.[20][21] The bill was scheduled for markup by the House Committee on Oversight and Accountability on September 20.[22] Senators including Majority Leader Chuck Schumer introduced a new version of the bill called Secure and Fair Enforcement Regulation (SAFER) Banking Act on September 20.[23][24]

On December 7, Rep. David Royce and four bipartisan cosponsors reintroduced the STATES Act as H.R. 6673.[25]

Executive action[edit]

On February 28, the Office of Personnel Management published a notice in the Federal Register that it was requesting Office of Management and Budget approval to overhaul Federal pre-employment forms to reduce the period of scrutiny regarding cannabis use to the past 90 days, a change already posted as proposed rules in the Federal Register in 2022. The new form is to be called "Personnel Vetting Questionnaire" and will replace several screening forms including the SF-85 and SF-86.[26]

The administrative rescheduling review begun in late 2022 by the Biden administration continued in 2023. Although the science review was confirmed to be in process circa March, Health and Human Services secretary Xavier Becerra would not commit to having the science review complete by 4/20, 2023.[27]

Policy discussions[edit]

The National Cannabis Policy Summit at the U.S. Capitol on April 20, 2023 discussed legislative changes to cannabis law then under contemplation.[28]

State legislation and initiatives[edit]

Kind Idaho was gathering signatures for a medical cannabis legalization initiative at the end of 2022.[29][30]

Oklahoma State Question 820 concerning adult-use legalization was on the ballot for the March 7, 2023 special election, after missing the 2022 deadline.[31]

West Virginia House Bill 2091, legalization, was introduced on January 11, the first day of the legislative session.[32]

Washington S.B. 5123 "Concerning the employment of individuals who lawfully consume cannabis" was heard in Senate Labor & Commerce Committee, mid January.[33] The state senate passed the bill on February 22.[34] The house passed an amended version of the senate bill on March 29.[35]

Kentucky Senate Bill 47 to create a medical cannabis program was passed by the state legislature on March 30, and sent to the governor to be signed into law.[36]

Minnesota HF 100 legalizing adult use was filed in January and immediately endorsed by governor Tim Walz.[1] The bill was advanced by the House Commerce Committee on January 11 following a hearing on it,[37][38] and passed 71-59 on April 25.[39] The state senate passed a matching bill 34-33 on April 28.[40] The legislature passed a reconciled version of the bill on May 20 and sent it to the governor to become law.[41]

In Hawaii, a "dual use" task force was authorized by the state legislature in 2021 to study and recommend options for legalization "to the legislature no later than twenty days prior to the convening of the regular session of 2023".[42] In the second half of 2022, Hawaii lawmaker Ryan Yamane and other members of the task force met with industry leaders and activists to plan legalization efforts to occur during the 2023 legislative session.[43] The task force sent its report to the legislature in December 2022.[42] In January 2023, Jeanné Kapela announced her intention to introduce a legalization bill in the 2023 session.[44] Senate Bill 375, creating a legal adult-use market under the Hawaiʻi Cannabis Authority, was approved by its first committee on February 16.[45] Senate Bill 669, legalization of possession for adult use, was introduced in February.[46]

South Carolina H 3561 to decriminalize cannabis was introduced on January 10.[47] Competing medical cannabis bills, the South Carolina Compassionate Care Act and the Put Patients First Act, both with bipartisan sponsorship, were also pre-filed in January for consideration during the 2023 session.[48] H. 3486, Compassionate Care Act was filed on January 10.[49]

Iowa Senate File 73, legalization, was introduced in January.[50] A house bill was introduced on February 21.[51]

Free All Cannabis for Tennesseans Act, Tennessee SB 0168 and HB0085, legalization, was introduced in January.[52]

Delaware HB1, a legalization bill, and HB2, to regulate and tax sales, were passed through the General Assembly on March 28 and sent to the governor to become law.[53]

The New Hampshire legislature held hearings on a legalization and regulated sales bill in January.[54] House Bill 360 passed in the House by voice vote on March 16.[55] HB360 legalizes cannabis in the state, without new taxes or regulations.

The Virginia Senate passed SB1133, a legalized sales bill, on February 7.[56]

In Louisiana, a suite of bills to enact legalization and regulation was prefiled in February: HB-17, HB-24, and HB-12.[57]

Kansas House Bill 2363, amnesty or effective decriminalization, was introduced in February.[58] Kansas House Bill 2367, adult-use legalization and regulation, was also introduced in February.[59]

Texas SB 209 and HB 1831, adult-use legalization and regulation, were introduced or read for the first time in 2023.[60] SJR 22 and companion bills HJR 91 and HJR 89 were introduced, and if enacted would refer to the voters a constitutional amendment legalizing cannabis.[61] House Bill 1937 would allow cities and counties to opt-in to legalization.[62] House Bill 218, decriminalization and expungement of past offenses, was passed by the house 87-59 on April 27.[63][64] Texas HB 1805 was introduced on March 13,[65] and would replace the THC percentage cap for cannabis oil under the Texas Compassionate Use Act with a 10 mg "volumetric dose" limit instead. It was approved by the House Public Health Committee unanimously on March 20.[66] The house passed HB 1805 on April 11.[67][68]

Idaho Medical Cannabis Act, House Bill 370, was introduced as a personal bill (outside of committees) on March 24 by John Vander Woude (R).[69]

North Carolina Senate Bill 3, medical cannabis, passed by 36-10 on March 1.[70] House Bill 626, legalization, was filed on April 17.[71]

Ohio HB 168, the Ohio Adult Use Act (adult use legalization) was introduced on May 22 by representative Jamie Callender (R) and Casey Weinstein (D).[72]

Around June 1, Florida officials announced that they had validated enough signatures on the 2024 Florida marijuana legalization initiative for the measure to qualify for the 2024 ballot.[73]

Pennsylvania Senate Bill 846, adult-use legalization, was introduced by senators Dan Laughlin (R) and Sharif Street (D) on July 6.[74]

On August 16, the Ohio Secretary of State validated 2023 Ohio Issue 2, then called the Regulate Cannabis Like Alcohol initiative, for the November 7, 2023 general ballot.[75] The initiative was passed by voters on November 7, 2023.[76]

Tribal laws[edit]

The Eastern Band of Cherokee passed a legalization referendum that was on the September 7, 2023 ballot.[77] It will affect tribal enforcement within the Qualla Boundary, in Western North Carolina, after enactment of corresponding law by the tribal council.

Footnotes[edit]

  1. ^ Because of its Schedule I status, cannabis can be recommended but not prescribed in the United States.[9]

References[edit]

  1. ^ a b Steve Gelsi (January 6, 2023). "South Carolina, Kentucky and Oklahoma eye cannabis measures as congress stalls". MarketWatch Cannabis Watch. Dow Jones & Company.
  2. ^ Kate Rober. "Expect cannabis banking reform, market consolidation in 2023, MJBiz CEO says". MJBizDaily.
  3. ^ "Military 'copter carried cops looking for pot".
  4. ^ "Connecticut State Police using helicopters to spot illegal marijuana growers". 15 September 2022.
  5. ^ https://fox40.com/news/local-news/nevada-county/over-1900-illegal-marijuana-plants-found-in-nevada-county/amp/
  6. ^ HR 610 bill history, US Congress official website, accessed January 31, 2023
  7. ^ "Bill Aims to Cut Red Tape for Industrial Hemp". Lancaster Farming. Ephrata, Pennsylvania. March 23, 2023.
  8. ^ "Reps. Blumenauer and Mast News Conference on Veterans Equal Access Act". C-SPAN. March 30, 2023.
  9. ^ Glickman, A; Sisti, D (2020), "Prescribing medical cannabis: ethical considerations for primary care providers", Journal of Medical Ethics, 46 (4): 227–230, doi:10.1136/medethics-2019-105759, PMID 31852743, S2CID 209416890, Schedule I drugs may not be prescribed for medical use... In places where medical marijuana is legal, it can only be 'recommended' rather than prescribed.
  10. ^ https://www.qgdigitalpublishing.com/publication/?m=30948&i=795007&p=7&ver=html5
  11. ^ "Joyce, Jeffries, Mast Introduce Bipartisan Legislation to Prepare for Inevitable End to Federal Cannabis Prohibition". house.gov (Press release). Rep. Dave Joyce. Apr 14, 2022.
  12. ^ Joana Scopel (April 14, 2023). "Bipartisan Lawmakers Introduce Legislation To Prepare For 'Inevitable End' To Cannabis Prohibition". Benzinga – via MSN.
  13. ^ Jackson Bakich (April 21, 2023). "Mast Introduces 'GRAM' Act to Allow Legal Marijuana Enjoyers to buy Firearms". The Floridian.
  14. ^ Sen. Ron Wyden (April 20, 2023). "Wyden, Merkley, Colleagues Reintroduce Bill Allowing VA to Prescribe Medical Cannabis to Veterans" (Press release).
  15. ^ SB 1204 bill history, US Congress official website, accessed April 26, 2023
  16. ^ John Schroyer (April 26, 2023). "With cannabis banking bill revived in Congress, industry leaders predict major changes on the horizon". Crain's Chicago Business.
  17. ^ Joana Scopel (April 28, 2023). "Nancy Mace Strikes Deal With House Speaker For Committee Vote On Her Fed Weed Legalization Bill". Benzinga – via MSN.
  18. ^ House Passes Veterans Medical Marijuana Amendment. C-SPAN. July 26, 2023.
  19. ^ Steve Gelsi (November 3, 2023). "Stock rally ignites gains in pot stocks while Senate OK's bill language to allow VA doctors to recommend cannabis in legal states". MarketWatch – via MSN.
  20. ^ HR 5040 bill history, congress.gov
  21. ^ Erich Wagner (August 2, 2023). "Cannabis users could become feds under bipartisan House bill". Gov Exec. The legislation also would allow federal job applicants who were previously denied positions or security clearances over marijuana usage dating back to 2008 to have those decisions reviewed under the newly proposed policy.
  22. ^ https://oversight.house.gov/markup/full-committee-business-meeting-67/
  23. ^ "Senators introduce new version of SAFE Act". ABA Banking Journal. American Bankers Association. September 20, 2023.
  24. ^ "Schumer, Merkley, Daines, Sinema, Lummis Announce SAFER Banking Act". Official website. Senate Democrats.
  25. ^ H.R. 6673 Actions, congress.gov official website, accessed December 11, 2023
  26. ^ Ben Adlin (February 27, 2023), "POLITICSWhite House Approval Sought For Changes To Marijuana Questions In Federal Hiring Process", Marijuana Moment
  27. ^ JON DELANO (March 20, 2023). "Seniors are saving money on prescriptions, HHS secretary says". KDKA-TV – via CBS News.
  28. ^ Fritz Hahn (April 19, 2023). "National Cannabis Festival features 2 Chainz, policy, food and culture". The Washington Post. The National Cannabis Policy Summit, first held in 2018, brings together lawmakers, business leaders, lobbyists and advocates at the U.S. Capitol Visitor Center on Thursday ...
  29. ^ "Organization working to put medical marijuana on 2024 ballot". Boise: KTVB. November 27, 2022.
  30. ^ Nicole Potter (November 29, 2022), "Idaho Plans for Medical Cannabis Legalization on the Ballot in 2024", High Times
  31. ^ Sean Murphy (October 18, 2022). "Oklahoma governor sets March election for marijuana question". Associated Press – via The Hill.
  32. ^ Joey Rather (January 12, 2023). "Bill to legalize weed in West Virginia has been introduced". WTRF – via MSN.
  33. ^ Collin Krabbe (January 4, 2023), "Washington bill would bar hiring based on pot test results", Law360 Employment Authority, LexisNexis
  34. ^ Claire Withycombe (February 22, 2023). "WA Senate passes bill to bar hiring discrimination for cannabis use". The Seattle Times.
  35. ^ Tomas D'Anella (March 29, 2023). "Pre-employment cannabis tests could be banned in WA". Kennewick, Washington: Nonstop Local News.
  36. ^ Joe Sonka (March 30, 2023). "Kentucky legislature passes bill to legalize medical marijuana, sends it to Beshear". Louisville Courier Journal – via MSN.
  37. ^ "Marijuana legalization bill gets first public hearing in Minnesota House". Saint Paul, Minn.: KSTP-TV. January 11, 2023.
  38. ^ Brian Bakst (January 11, 2023). "Legal cannabis bill clears first committee, many more ahead". Minnesota Public Radio.
  39. ^ "Minnesota House passes recreational marijuana bill in vote of 71-59". Minneapolis: WCCO-TV. April 26, 2023 – via MSN.
  40. ^ Ryan Faircloth (April 28, 2023). "Minnesota Senate passes marijuana legalization bill, bringing it closer to law than ever before". Minneapolis Star-Tribune – via MSN.
  41. ^ "Minnesota lawmakers pass bill to legalize recreational marijuana". CBS News. May 20, 2023.
  42. ^ a b DUAL USE OF CANNABIS TASK FORCE, Hawaii Department of Health official website, accessed January 11, 2023
  43. ^ Kristen Consillio (September 19, 2022). "Momentum building for legalization of recreational marijuana in Hawaii". Honolulu: KITV.
  44. ^ Andrew Gomes (January 12, 2023). "Push to legalize recreational cannabis underway in Hawaii". Honolulu Star-Advertiser – via Yahoo! News.
  45. ^ Elizabeth Ramos (February 16, 2023). "New bill proposes legalizing adult-use cannabis". Honolulu: KHON.
  46. ^ "New Hawaii bill would allow possession of 'small amount' of marijuana for personal use". KITV. February 14, 2023.
  47. ^ H 3561 bill history, South Carolina legislature official website, accessed January 11, 2023
  48. ^ Abigail Adcox (January 10, 2023), "Bipartisan dopes: Parties expect to unite to legalize pot in South Carolina", Washington Examiner – via MSN
  49. ^ Compassionate Care Act bill history, South Carolina General Assembly, accessed January 24, 2023
  50. ^ State Policy Weekly Update, NORML, January 17, 2023
  51. ^ "Iowa House Democrats introduce bill to legalize marijuana". KCRG. February 21, 2023.
  52. ^ "SB 0168 and HB0085 bill history". Tennessee General Assembly. Retrieved February 13, 2023.
  53. ^ "Senate lawmakers vote in favor of bill to legalize, tax marijuana in Delaware". WMDT. March 28, 2023.
  54. ^ Holly Ramer (January 25, 2023). "New marijuana legalization bill gets New Hampshire hearing". Associated Press.
  55. ^ HB360 bill history, New Hampshire General Court (legislature), accessed 2023-03-16
  56. ^ Virginia SB1133 vote history, legiscan.com, accessed February 7, 2023
  57. ^ Nicole Potter (February 14, 2023). "Legalization Bills Prefiled in Louisiana". High Times.
  58. ^ A.J. Herrington (February 14, 2023). "Kansas Lawmaker Introduces Cannabis Amnesty Bill". A Kansas state lawmaker has introduced a cannabis amnesty bill that would effectively decriminalize marijuana in the state.
  59. ^ House Bill 2367 history, Kansas legislature, accessed February 27, 2023
  60. ^ "State policy weekly update" (blog). NORML. February 14, 2023.
  61. ^ Alexandra Hart (January 27, 2023). "Changing winds? These are the marijuana bills we're watching in this year's legislative session". Texas Standard – via KUT-FM (Austin).
  62. ^ Jacob VAUGHN (February 8, 2023). "Dallas Could Legalize Recreational Cannabis Use Under House Bill 1937". Dallas Observer.
  63. ^ "'Monumental': Texas House Passes Cannabis Decriminalization Bill, Penalty Reduction And Expungement". Benzinga. April 26, 2023.
  64. ^ HB 218 actions, Texas legislature official website, accessed April 26, 2023
  65. ^ Texas HB 1805 bill history at Legiscan, accessed 2023-03-20
  66. ^ "HB 1805 Passes House Committee". Texas NORML. March 20, 2023.
  67. ^ Adam Bennett (April 11, 2023). "Texas House passes bill expanding medical marijuana access, will now go to Senate". Houston: KHOU.
  68. ^ @TexasNORML (April 21, 2023). "Texas marijuana penalty reduction bill scheduled for house vote on 4/26/23" (Tweet) – via Twitter.
  69. ^ Clark Corbin (March 26, 2023). "Idaho House sees late-session medical cannabis legislation". Idaho Capital Sun – via Lewiston Tribune.
  70. ^ S3 bill history, North Carolina legislature, accessed April 24, 2023
  71. ^ "Lawmakers push to legalize cannabis in North Carolina". Charlotte, North Carolina: WCNC-TV. April 18, 2023.
  72. ^ https://ohiohouse.gov/members/casey-weinstein/news/state-reps-weinstein-and-callender-push-to-legalize-cannabis-with-ohio-adult-use-act-114932
  73. ^ "Florida Cannabis Activists Gather Enough Signatures To Put Legalization On 2024 Ballot". Benzinga. June 1, 2023 – via Business Insider.
  74. ^ "State Sen. Dan Laughlin Introduces Bipartisan Approach to Marijuana Legalization in Pennsylvania". Erie, Pennsylvania: WSEE-TV. July 6, 2023.
  75. ^ "Ohio effort to legalize recreational marijuana gets enough signatures for November ballot". The Hill. August 16, 2023.
  76. ^ Carr Smyth, Julie (November 7, 2023). "Ohio Becomes Latest State To Legalize Recreational Marijuana". Associated Press. Retrieved November 7, 2023.
  77. ^ Joel Burgess (September 8, 2023). "Eastern Band of Cherokee vote to legalize recreational marijuana; only place in NC". Asheville Citizen Times – via Yahoo! News.

Further reading[edit]

External links[edit]

source: https://en.wikipedia.org/wiki/List_of_2023_United_States_cannabis_reform_proposals