Legality of Cannabis by U.S. Jurisdiction

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

Federal[edit]

Executive action[edit]

The Federal administrative process that began with President Biden's directive in 2022, and in 2023 with a recommendation by the Department of Health and Human Services to reschedule cannabis to Schedule III of the Controlled Substances Act was incomplete at the beginning of 2024, pending a decision by the Drug Enforcement Administration.[1]

Some hiring and retention policies in federal employment and the armed forces evolved during 2024. The policy for US Navy recruits was adjusted to allow positive urinalysis tests for cannabis during boot camp to be non-disqualifying.[2] U.S. Customs and Border Protection adjusted its scope of cannabis use to consider only the prior 90 days' admitted use when hiring, instead of the prior standard of several years.[3]

Bills[edit]

Since 2011, HUD has prohibited use and growing in any low income housing.[4] On January 25, Senator Cory Booker introduced S.3671, that would end restrictions on cannabis users in federally funded housing, provided the use is in compliance with State law.[5] The same day, a matching House bill H.R. 7094 was introduced by Rep. Eleanor Holmes Norton.[6][7]

The Consolidated Appropriations Act, 2024 passed by the House on March 6 contained language directing the Department of Justice to study state legalization and regulation,[8][non-primary source needed] a provision of the failed 2023 PREPARE Act that Rep. Dave Joyce had called preparation for "the inevitable end to federal cannabis prohibition".[9]

In a Dear Colleague letter, Senate Majority Leader Chuck Schumer and others announced plans to reintroduce the Cannabis Administration and Opportunity Act before April 20.[10]

State legislation and initiatives[edit]

In Anchorage, Alaska the Assembly tried to pass a local ordinance to allow additional methods for dispensaries to sell cannabis. These methods include; sales by drive-thru, Internet and by phone.[11] Police Chief Michael Kerle opposed these measures[12] which were eventually voted down.[13]

In Connecticut, William Tong, Connecticut Attorney General, filed civil court actions against 7 dispensaries citing packaging and dosage complications.[14]

Kentucky HB 72 was introduced in early January by Nima Kulkarni to legalize possession but not sales of cannabis.[15][16]

The governor of Wisconsin, Tony Evers (D), said in early January that he would sign a medical cannabis bill if it was passed by the legislature. The bill, which includes state-run dispensaries, was introduced on January 8 by lawmakers in the majority-Republican state assembly.[17][18]

On January 3, Erica Layon (R) introduced New Hampshire HB 1633, adult-use legalization.[19][20] The bill passed by 239-136 house vote on April 11, 2024.[21]

Around January 7, the Hawaii Attorney General released an over 300-page draft legalization bill to be considered by the state legislature.[22] A state senate legalization bill, SB3335, was introduced on January 24.[23] On February 13, SB3335 was passed by both the Human Services Committee and the Judiciary Committee committee, and was on its way for a second reading in the state senate.[24] By the end of February, Ways and Means had passed the bill and it was cleared for a third reading.[25] The state senate passed the bill on March 5.[26][27] By March 19, the senate bill had cleared all house committees it was assigned to but one, the house finance committee, prior to a house floor vote.[28]

In January, Washington state legislator Shelley Kloba introduced HB 2194, a bill that would allow home grow.[29] The bill was killed in the House Appropriations Committee.[30]

Virginia SB 448, allowing regulated sales in the state where possession was legalized in 2021, was introduced by state senator Aaron Rouse in 2023 and was advanced by committee in January 2024.[31] It was approved by a second committee on January 31,[32] before the final Finance and Appropriations Committee hearing that precedes a possible floor vote.

Also in Virginia, SB 696, is aimed at individuals charged with felonies associated with marijuana prior to July 1, 2021 be released.[33]

South Carolina Senate Bill 0423, the South Carolina Compassionate Care Act legalizing medical cannabis, was reintroduced on January 19 by Tom Davis (R).[34][35] A special order on the bill received two thirds majority vote of the state senate on February 7, bypassing further committees and debate before a full floor vote.[36][37] The bill was passed by the senate on February 14.[38]

Kentucky HB 420 to legalize and regulate cannabis for adult use was introduced by Keturah Herron on January 31.[39]

West Virginia House Bill 4873 to legalize and regulate cannabis for adult use was introduced by Joey Garcia and six other house delegates.[40]

In the annual budget address, the Governor of Pennsylvania, Josh Shapiro, requested the legislature to legalize cannabis to bring in $250 million annual revenue and eliminate diversion of law enforcement resources from higher priorities.[41][42]

The Florida Supreme Court issued a ruling on April 1 that the Florida marijuana legalization initiative, 2024 Florida Amendment 3, would appear on the November ballot.[43]

On April 25, the North Dakota Secretary of State approved an adult-use legalization initiative, supported by New Economic Frontier, for signature collection. It could appear on the 2024 or 2025 ballot.[44]

References[edit]

  1. ^ Maureen Meehan (January 3, 2024). "DEA To Congress: We Hold 'Final Authority' On Cannabis Rescheduling, Overruling Biden's Health Authorities". Benzinga – via MSN.
  2. ^ "Navy Now Forgiving Recruits' Prior Marijuana Use as It Looks to Cut More Losses at Boot Camp". Military.com. February 8, 2024.
  3. ^ "Lankford calls on CBP to reverse policy on marijuana use for recruits". Office of Senator James Lankford. April 8, 2024.
  4. ^ https://www.hud.gov/sites/documents/FINALSMOKEFREEQA.PDF
  5. ^ https://www.congress.gov/bill/118th-congress/senate-bill/3671
  6. ^ https://www.congress.gov/bill/118th-congress/house-bill/7094
  7. ^ Samantha Gilstrap (January 25, 2024). "Bill would permit marijuana use in federally assisted public housing". WUSA-TV.
  8. ^ COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024 (conference copy), U.S. House of Representatives, accessed March 7, 2024
  9. ^ "Joyce, Jeffries Reintroduce Bipartisan Legislation to Prepare for Inevitable End to Federal Cannabis Prohibition" (Press release). Dave Joyce. April 13, 2023.
  10. ^ Gelsi, Steve (April 10, 2024). "Senators Chuck Schumer, Ron Wyden and Cory Booker pushing cannabis legalization bill". Market Watch.
  11. ^ "Marijuana drive-thru, internet and phone sales could soon be legal in Anchorage". YouTube.
  12. ^ "APD chief speaks out as MOA considers changes to marijuana laws". YouTube.
  13. ^ "Anchorage Assembly votes down drive-thru cannabis sales and free samples for now".
  14. ^ Dixon, Ken. "Lawsuits filed against CT distributors, shops for illicit cannabis". Ct Insider.
  15. ^ Phil Pendleton (January 3, 2024). "Dozens of bills filed in opening days of 2024 Kentucky legislature". Lexington: WKYT – via MSN.
  16. ^ Ben Adlin (January 4, 2024). "New Kentucky Bill Would Legalize Marijuana Use, Possession And Home Cultivation—But Not Sales". Marijuana Moment.
  17. ^ "Wisconsin governor who called for marijuana legalization says he'll back limited GOP proposal". Associated Press. January 5, 2023.
  18. ^ Scott Bauer (January 8, 2024). "Wisconsin Republicans' medical marijuana plan gets lukewarm reception from Evers, lawmakers". Associated Press News.
  19. ^ "2024 New Hampshire Cannabis Bills". Marijuana Policy Project. Retrieved February 13, 2024.
  20. ^ HB 1633, LegiScan, accessed February 13, 2024
  21. ^ Porter, Steven (April 11, 2024). "Cannabis legalization bill passes N.H. House, but lacks governor's support". Boston Globe – via MSN.
  22. ^ JOHN BURNETT (January 7, 2024). "AG releases draft bill for pot legalization; lists best practices to minimize risks". Hawaii Tribune-Herald. Hilo.
  23. ^ SB3335 status, Hawaii state legislature official website, accessed February 14, 2024
  24. ^ Mizuo, Ashley (February 14, 2024). "Bill to legalize recreational marijuana in Hawaiʻi makes progress in the Senate". Hawaii Public Radio.
  25. ^ Grunwald, Emma (March 2, 2024). "Senate committees advance marijuana legalization bill". Bih Island Now.
  26. ^ Lester Black. "'Inevitable': Hawaii might legalize pot because of this reason". SF Gate – via MSN.
  27. ^ Ashley Mizuo (March 6, 2024). "Key deadline at the state legislature determines which measures move forward". Hawaii Public Radio.
  28. ^ Martinez, Jolanie (March 19, 2024). "Legalization effort for recreational cannabis moves further at state capitol than ever before". KHNL.
  29. ^ "Washington State Bill Proposes Legal Marijuana Grows at Home". Pasco, Washington: KFLD. January 11, 2024.
  30. ^ McKay, John (February 12, 2024). "WA Homegrown Pot Proposed Bill Dies in Legislative Committee". Pasco, Washington: KFLD.
  31. ^ Melissa Schiller (January 26, 2024). "Virginia Senate Committee Approves Proposal to Create Commercial Adult-Use Cannabis Market". Cannabis Business Times. The Senate Rehabilitation and Social Services Subcommittee on Cannabis considered two competing measures and ultimately advanced Sen. Aaron Rouse's Senate Bill 448 after merging it with Sen. Adam Ebbin's Senate Bill 423. It then passed in committee.
  32. ^ "SB 448 Cannabis control – Senate: Reported from Courts of Justice with substitute (7-Y 5-N 3-A)". Legislative Information System. State of Virginia. January 31, 2024. Retrieved February 1, 2024.
  33. ^ "LIS > Bill Tracking > SB696 > 2024 session".
  34. ^ Steineker, Whitt; Robinson, J. Hunter (February 1, 2023), "If at first you don't succeed: Updated Medical Cannabis Bill Filed in South Carolina", National Law Review
  35. ^ "SB 0423 bill history". South Carolina Legislature. February 7, 2024. Retrieved February 7, 2024.
  36. ^ Brams, Sophie (February 7, 2024). "Medical marijuana bill under consideration again in South Carolina". Charleston, South Carolina: WCBD-TV.
  37. ^ Lange, Tony. "South Carolina Senate Fast-Tracks Medical Cannabis Bill in Special Order". Cannabis Business Times.
  38. ^ Green, Mary (February 14, 2024). "Medical marijuana bill passes S.C. Senate, heads to House". WMBF-TV – via MSN.
  39. ^ Grapevine, Rebecca (January 31, 2024). "HB 420 would legalize recreational marijuana in Kentucky. Here's what the bill says". Cincinnati Enquirer.
  40. ^ Gilmartin, Tanner (January 26, 2024). "New bill introduced to legalize Marijuana in West Virginia". Weston, West Virginia: WDTV. House Bill 4873 proposes the legalization of recreational marijuana for adults aged 21 and older in West Virginia.
  41. ^ "Gov. Josh Shapiro calls on lawmakers to legalize marijuana". Lancaster, Pennsylvania: WGAL. February 6, 2024.
  42. ^ "Governor Shapiro's 2024–25 budget address as prepared". Official website. Office of the Governor of Pennsylvania. February 6, 2024.
  43. ^ Benson, Chris. "Florida high court approves November ballot questions on abortion, adult-use marijuana". UPI – via MSN.
  44. ^ Dura, Jack (April 25, 2024). "Recreational marijuana backers can gather signatures for North Dakota ballot initiative". Associated Press.

Further reading[edit]

External links[edit]