State Legalization Updates

​As always, there is constant change in individual state cannabis laws.

Here are some updates on cannabis legislation that has recently passed throughout the United States:

• Kentucky’s SB 47 has officially been passed by the state legislature and signed into law by Governor Andy Beshear. This bill legalizes medical marijuana in the state, something that the Governor has long advocated for. While it does allow for approved medical use of cannabis, smoking flower is not allowed nor is home cultivation.
  
  
• In the November 2022 midterm elections, Maryland voters overwhelmingly approved the legalization of adult-use cannabis. And Maryland's House and Senate have already passed final plans for regulations through House Bill 556 and Senate Bill 516. This week Governor Wes Moore is expected to sign it into law. After signing, legal adult-use cannabis sales are expected to begin in Maryland on July 1st, 2023, with already established medical marijuana businesses to be the first to be able to sell legal recreational cannabis. In addition to legalizing adult use, the pair of bills also open up the way for on-site consumption lounges. Maryland’s recreational cannabis will be taxed at 9%, which is similar to their alcohol taxation, and far less than what other states charge. One of the bills co-sponsors,  Democratic House Delegate C.T. Wilson has said they want to make sure they don’t make the same mistake as states where taxation was placed so high that the black market still managed to thrive. Wilson said his goal is to, “make sure that we are not only competitive with the black market but that we are cheaper than the black market.”
  
  
• New Mexico’s House Bill 314 has passed both chambers and been signed into law by the Governor. The new legislation amends the state’s existing marijuana expungement law by permitting residents with past cannabis convictions “to verify whether automatic expungement has occurred and request expedited automatic expungement if eligible charges have not yet been expunged.”
  
  
• North Dakota’s House Bill 1478 has passed both chambers in the state and been signed into law by their Governor. This bill allows terminally ill patients to use proof of their admittance in hospice care to register as a medical cannabis patient.
  
  
  

There are also several states with proposed cannabis legislation currently being reviewed. Because these are all still under consideration, residents of those states are strongly encouraged to contact their local representatives to let them know of their support for cannabis.

• First up, Arkansas’ Senate has passed legislation last week which will allow registered medical marijuana patients to obtain concealed carry licenses. The bill still needs approval from the anti-cannabis Republican Governor, Sarah Huckabee Sanders. The measure, HB1784, asserts that medical marijuana users should not be prohibited from their gun rights, and points out that, “No other prescription medication, including opioids, disqualifies anyone from having a [concealed carry] license.” And adds that, “Medical marijuana patients should not be an exception.” (Republican Senator Clint Penzo said.) Despite the Governors clear disdain for cannabis legalization efforts, it looks as though the bill has already acquired enough Senate support to annul any potential veto from the Governor.
  
  
• Residents in Idaho currently have no legal cannabis of any kind. But now, with House Bill 370, they have the possibility of medical marijuana legalization. This proposal is brand new, so this is the time to voice support for it.
  
  
• In Nevada, state Assembly Bill 411 is currently under consideration. This bill would allow doctors to administer forms of non-smoked medical marijuana to patients in certain hospital and nursing facilities, as well as hospice care.
  
  
• Vermont’s House Bill 270 would increase the maximum allowable THC content in a single edible cannabis product from 50mgs to 100mgs. Additionally it would allow medical patients to grow up to 6 mature and 12 immature plants, and it would expand the list of qualifying conditions. This bill has been passed by the House and now awaits action in the state Senate, so Vermont residents should let their representatives know they support it.
  
  
• In Alaska, Senate Bill 100 seals low-level marijuana convictions from public view.  Just last month Alaska’s Supreme Court announced they are now clearing the records of people for their past cannabis convictions. Unfortunately this only covers certain state databases, so Senate Bill 100 seeks to remedy that.
  
  
• Colorado’s House Bill 1279 would like to pass legislation to ensure residents may purchase cannabis products over the Internet, which they may then either pick up in person, or have it delivered to their homes. In Illinois, Senate Bill 125 has passed the Senate and now heads to the House. This bill would prohibit law enforcement from searching cars based solely upon the smell of cannabis.
  
  
• Indiana’s Republican leaders have repeatedly blocked legalization efforts in the state, but this month the Democratic tried another, craftier approach, by including language on a bill which could have created a regulatory distinction for “craft hemp” products for adults. Unfortunately, though, that measure failed. Louisiana’s has two cannabis proposals in the works: House Bill 351 would prevent approved medical marijuana patients from being disqualified from workers’ compensation or from being denied unemployment compensation. House Bill 286 would allow people with possession misdemeanor charges to file for expungement ninety days after their conviction.
  
  
• The New Hampshire House of Representatives have passed House Bill 639 and sent it on to the state Senate for consideration. This bill, if passed, would legalize cannabis possession, purchase, use, gift and transport of cannabis for adults 21 and older in New Hampshire. It would also provide an avenue for expunging some prior convictions.
  
  
• Washington State’s SB 5123 has passed House and Senate, and now is awaiting approval from the Governor, who is expected to sign it into law. This bill will make it illegal for an employer to discriminate against a job applicant solely based on their off-the-clock cannabis use away from the workplace. 

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