Robert F. Kennedy Jr. has been confirmed by the Senate as the new Secretary of the Department of Health and Human Services.

Kennedy has a long track record of supporting drug policy reform, including cannabis reform, and has often spoken about his own struggles with substance abuse. During his candidacy for President, he said that if elected, he would "decriminalize cannabis at the federal level", and that states should be able to decide their own cannabis laws without federal interference. In an appearance on C-SPAN months later, he went even further when he called for federally legalizing marijuana and instituting a tax to fund drug rehabilitation and treatment centers.

However, since being nominated by President Trump to lead HHS, he has been less clear about his plans for supporting federal cannabis reform. In fact, his most recent comments on cannabis suggest that he may be changing his tune on actively supporting federal cannabis decriminalization and legalization. When asked during his Senate confirmation hearings if he would commit to working with the DOJ and DEA to resume the process of rescheduling marijuana from Schedule I to Schedule III, he stated that he would "defer to the DOJ and DEA on the allocation of their resources and the development of their priorities."

In his first post-confirmation interview on Fox News, Kennedy remarked that, "I hear stories all the time of the impacts of marijuana on people—and the really catastrophic impacts on them." However, he also acknowledged that state legalization efforts can help open opportunities to conduct more research on the health impacts and medical efficacy of cannabis.

How Kennedy will choose to engage with federal cannabis policy as HHS secretary remains to be seen. While his long-standing support for drug policy reform is encouraging, his seeming inclination to defer to Congress and other federal agencies on key issues regarding cannabis policies bring into question whether he will ultimately act as a reliable ally in the fight to end federal cannabis prohibition.

MPP will continue to monitor administration officials' statements and actions regarding cannabis policy, and will use all means at our disposal to push for comprehensive federal cannabis legalization that respects state laws and the rights of all Americans.

As we reflect on the past year, it's clear that the landscape of cannabis policy in the United States has continued to evolve. There was progress towards adult-use and medical legalization and decriminalization, with several states expanding access and others considering reform. We also saw the presidential candidates from both major parties voice clear support for an array of cannabis reform policies, and both candidates staked out unprecedented positions in favor of some form of cannabis legalization. 

To recap this past year, we’ve examined the key developments, victories, and setbacks that shaped the cannabis movement and demonstrated how far we’ve come — and how far we still need to go to dismantle prohibition nationwide.

U.S. Drug Enforcement Administration (DEA) Recommends Rescheduling Cannabis

In April, the DEA proposed rescheduling cannabis under the Controlled Substances Act to Schedule III. Currently, cannabis is categorized as a Schedule I drug deemed to have a high potential for abuse and no accepted medical use, making it illegal under federal law. By moving cannabis to Schedule III of the federal Controlled Substances Act, the U.S. government is poised to officially recognize the efficacy and safety of cannabis for medical use, representing a long-overdue positive step that opens the door for a more sensible and nuanced approach to federal cannabis policy. 

The DEA’s public comment period closed at the end of the day on July 22, 2024. More than 42,000 individuals and organizations submitted comments to the DEA on rescheduling, including around 5,000 that submitted their comment via MPP’s form. More than 90% of the submitted comments supported rescheduling to Schedule III or a less restrictive schedule and/or requested descheduling.

Matthew Schweich, MPP's executive director, appeared on CNN to discuss the proposal to reclassify cannabis as a Schedule III drug.

Voters in Nebraska Legalize Medical Cannabis!

On Election Day, Nebraska voters approved companion ballot measures to establish a statewide medical cannabis program. Measure 437 to legalize possession of medical cannabis passed with 70.74% of the vote, and Measure 438 passed with 66.95% support. 

Nebraskans for Medical Marijuana spearheaded the campaign to place two companion medical cannabis measures on the ballot. It has been a heartbreakingly long journey to this victory. With this latest addition, there are now 39 states in the country that have legalized cannabis for medical use. However, prohibitionists are trying to overturn the will of the people and block the implementation of these measures. In late November, a district court judge dismissed the lawsuit, but an appeal is possible. 

Adult-Use Cannabis Legalization States Surpass $20 Billion in Tax Revenue

By the first quarter of 2024, states surpassed a combined total of more than $20 billion in tax revenue from legal, adult-use cannabis sales. The positive impact on state budgets and the reinvestment in our communities highlight the far-reaching positive impact of a responsibly regulated cannabis marketplace. Instead of weaponizing cannabis prohibition to fuel mass incarceration and economic devastation, more and more states are employing equitable cannabis policies to build a more just, free, and prosperous society.

Ohio Launches Adult-use Cannabis Sales

Less than nine months after voters overwhelmingly approved the MPP-backed measure to legalize cannabis, dozens of medical cannabis dispensaries opened their doors to adult-use consumers on August 6! 

While Senate President Matt Huffman (R) announced plans to gut the people’s new law, MPP and voters mobilized and demanded they leave the peoples’ law intact. And now, cannabis consumers can enjoy the fruits of their labor. The full list of dispensaries that have been issued dual-use Certificates of Operation (COO) is available here. 

MPP’s involvement in Ohio cannabis reform efforts dates back to 2015, when MPP joined forces with local advocates to spearhead a ballot initiative campaign to enact medical cannabis, which spurred the legislature to pass the state’s medical cannabis law.

New Polls Show Support For Marijuana Policy Reform Remains Strong

It’s clear that views are continuing to be in favor of sensible and humane policies where cannabis is regulated more similarly to alcohol and tobacco.

An overwhelming share of U.S. adults (88%) say marijuana should be legal for medical or recreational use, according to a poll released by the Pew Research Center in March 2024. Furthermore, the poll found that just 11% of Americans say that the drug should not be legal at all.

In another new national poll from YouGov, 72% of respondents said they support expunging marijuana-related convictions for non-violent offenders, including 84% of Democrats and 61% of Republicans.

Additionally, a new Gallup poll asking Americans to compare the relative harm of using cannabis, alcohol, and several tobacco-based substances found that cannabis is viewed as the least harmful of the eight substances included in the survey. 75% of the poll respondents consider tobacco ‘very harmful’, while only 27% feel the same about marijuana. Additionally, the poll found that cannabis is now more commonly used than cigarettes, with 24% stating that they either smoke marijuana or use edibles. Gallup also found that support for legalization is holding steady at 68%.

FBI Report Shows Over 200,000 Individuals Were Arrested for Cannabis in 2023

While 24 states have moved to legalize cannabis for adults 21 and over, the harsh truth is that cannabis prohibition and criminalization continues to shatter lives across America. According to data from the FBI, over 220,000 people were arrested nationwide in 2023 for cannabis-related offenses. 

The data compiled through the FBI’s Uniform Crime Reporting (UCR) program shows that the overwhelming majority of these arrests were for simple possession. That’s more than 25 arrests every hour. This staggering reality underscores that our fight for cannabis freedom and justice is far from finished — and that we must move with even greater urgency to dismantle the failed approach of prohibition. 

Adult-use Legalization Ballot Measures Fall Short

Three states had measures that would have legalized cannabis for adults 21 and over on the November ballot. Unfortunately, these measures came up short. 

In Florida, the ballot measure secured a 55.88% majority of voter support for the adult-use cannabis measure, but fell just shy of the 60% threshold required for passage. This marks the first time a majority in a Southern state voted for legalization — a major shift in public sentiment that bodes well for the future.

After heartfelt and hard-fought campaigns to secure adult-use legalization in North Dakota and South Dakota, the votes fell short of the majority support necessary for passage in both states. 

Local Marijuana Ballot Measures Approved

On the local level, Texas voters in Dallas, Lockhart, and Bastrop had local cannabis decriminalization measures on their ballots in November, all of which passed with strong support. These local moves will help build momentum for statewide decriminalization in the Lone Star state. Meanwhile, after Kentucky became the 38th state to legalize medical cannabis in 2023, localities had to decide whether or not to allow cannabis businesses to operate within their localities (referred to as an opt-out option). Of the 106 Kentucky counties and cities with ballot measures on allowing medical cannabis providers to operate, all 106 passed.

Louisiana Expands its Decriminalization Law

In June, Louisiana Gov. Jeff Landry signed MPP-backed legislation into law that removes jail time and reduces penalties for possessing cannabis paraphernalia to a fine. Possession of up to 14-grams of cannabis was already a fine-only offense, but the “decrim" law did not extend to paraphernalia. 

The legislature also pushed back the medical cannabis program’s sunset date to 2030. MPP continues to build support for ending cannabis prohibition in the Bayou State, while rolling back criminalization and expanding freedom along the way.

MPP at the Willie Nelson Concert Tour

MPP's director of state policies, Karen O'Keefe, and our allies in Pennsylvania and New Hampshire attended the Outlaw Music Festival Tour to spread the word about MPP's work to end cannabis prohibition. Thank you to the folks at Willie's Reserve for having us! 

Legalization Bills Defeated in Hawai’i and New Hampshire 

Hawai’i missed an opportunity to legalize adult-use cannabis this year, with a Senate-passed bill dying in the House Finance Committee after clearing three other House committees. While this is disappointing, legalization got further this year than ever before.

Despite legalization passing the New Hampshire House, passing the Senate for the first time, and having the governor’s support, it did not make it past the finish line. As a result, New Hampshire continues to be an island of prohibition surrounded on all sides by states where cannabis is legal. 

Looking Ahead…

We still live in a country where nearly a quarter of a million people are arrested for cannabis every year, and millions of patients in need are still unable to get safe and reliable access to medical cannabis. With a new presidential administration and a new Congress taking shape, we must capitalize on this window of opportunity to press for comprehensive federal reform. We’ve outlined steps the Trump administration can take to advance cannabis policy reforms and will continue to push for advancements at the federal level. At the same time, we need to redouble our efforts to roll back the war on cannabis at the state and local level to sustain forward momentum and put added pressure on Congress to act.

Most of the results of the 2024 elections are in, and while a large majority of Americans support legalization, cannabis policy reform ballot initiatives received mixed results across the country.

In Nebraska, voters overwhelmingly approved companion medical cannabis ballot measures — Measure 437 and 438! Both measures received more than two-thirds majority. Nebraska is now the 39th state to legalize medical cannabis. However, prohibitionists filed suit to try to block the will of the voters from taking effect. A trial is underway and relief remains uncertain.

2024 marked the third attempt to take medical cannabis to the ballot in Nebraska. In 2020, advocates collected enough signatures to put a constitutional medical cannabis initiative on the ballot. Just three months before Election Day, the state Supreme Court issued a deeply flawed court ruling that prevented voters from deciding the issue. In 2022, families tried again. The 2022 effort, which was largely volunteer, came just a few thousand signatures away from meeting the required threshold to qualify. 

In Texas, there were local measures to decriminalize cannabis in Dallas, Bastrop, and Lockhart, all of which passed. Meanwhile, voters in over 100 counties and cities in Kentucky passed local measures to allow medical cannabis businesses to operate in their jurisdiction. 

Three states had measures that would have legalized cannabis for adults 21 and over on the ballot. Unfortunately, these measures came up short. 

In Florida, just shy of six million Floridians voted in favor of Amendment 3, which would have ended cannabis prohibition in the Sunshine State. But after receiving 55.9% of the votes cast, it was short of the 60% needed for passage. The legislature continues to have the authority to improve cannabis policies, including incremental steps, such as decriminalization and/or allowing homegrow for medical patients. However, so far it has shown no appetite to do so.

Adult-use cannabis legalization also fell shy of passage in South Dakota. This comes after a long and hard-fought battle by South Dakotans for Better Marijuana Laws, on a shoestring budget. MPP was proud to have its own Matthew Schweich serve as the leader and spokesperson on the ground in South Dakota.

South Dakota voters had approved an MPP-backed legalization measure in 2020, only to have the state Supreme Court outrageously throw out the measure based on a “single subject” ruling. That forced 2024’s Measure 29 to be extremely simple, and to lack many features of other legalization laws that can help build popular support. It simply included legal possession and cultivation, without any regulated sales or taxation.

In North Dakota, voters rejected Measure 5, a legalization ballot measure that would have allowed adults 21 and older to use cannabis at home without punishment – while also allowing possession of limited amounts of cannabis.

While these defeats are a major disappointment, several other states where voters ultimately legalized cannabis saw defeats before success, including Colorado, California, Alaska, Oregon, and Nevada.

With the mixed results of this election, it’s important to take stock of how far we’ve come. Twenty-four states have legalized cannabis for adults since 2012 — and six of those states have been added to the list in just the past two years. Support for cannabis policy reform has sky-rocketed over the last decade, with 68% of Americans now in favor of legalization. Additionally, both major party presidential candidates prominently featured the issue of legalization in their campaigns in an unprecedented manner this election season, and while Florida didn’t cross the 60% threshold needed for passage, it was the first time a majority of voters in a Southern state voted to legalize cannabis. 

Our movement continues to advance with each election cycle, and we won’t stop fighting to end cannabis prohibition in every corner of the country.

The 2024 presidential election is fast approaching, and in recent weeks both major-party candidates have spoken out on cannabis reform, reflecting the growing significance and popularity of this pivotal issue in the national electorate. 

While cannabis policies have evolved at a rapid pace on the state level over the past decade, cannabis has historically been a marginally acknowledged issue in presidential campaigns. However, thanks to the tireless work of advocates and the growing chorus of Americans calling for federal cannabis reform, both of the current leading presidential candidates are seeking to win over pro-legalization voters by staking out their positions on cannabis policy.

Democratic Party Nominee Kamala Harris on Cannabis Policy Reform

Vice President Kamala Harris has undergone a notable evolution in her stance on cannabis since her time as a prosecutor and Attorney General in California, where she played a role in over 2,000 charges and convictions for cannabis-related offenses and strongly opposed legislation to legalize adult-use cannabis . 

As a Senator, Harris advocated for and introduced multiple pieces of legislation to advance cannabis policy reform.

“Right now in this country people are being arrested, being prosecuted, and end up spending time in jail or prison all because of their use of a drug that otherwise should be considered legal,” Harris said after joining as a co-sponsor of the the Marijuana Justice Act, a bill that would remove marijuana from the list of controlled substances, effectively legalizing cannabis.

“Making marijuana legal at the federal level is the smart thing to do, it’s the right thing to do. I know this as a former prosecutor and I know it as a senator,” added Harris.

Harris also introduced the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would remove cannabis from the list of controlled dangerous substances, and co-sponsored the Secure and Fair Enforcement (SAFE) Banking Act, legislation that would allow banks to work with licensed cannabis businesses and ensure that legal cannabis markets operate in a safe and accountable manner.

As Vice President, Harris has played a central role in the Biden administration’s efforts to reform cannabis policy and has taken the lead on discussions centered around rescheduling cannabis to a less restrictive classification. Harris has previously advocated for removing cannabis from the Controlled Substances Act altogether, noting that it's “absurd” to have it in the DEA's Schedule I category alongside heroin and LSD. In March, Harris called on the HHS and the Justice Department to speed up reclassification. Harris also championed the Biden administration’s decision to issue pardons to Americans convicted of federal marijuana possession.

In October, Harris pledged to legalize adult-use marijuana at the federal level as part of her agenda to enact policies that uplift Black men. According to her campaign, if elected, Harris will “break down unjust legal barriers that hold Black men and other Americans back by legalizing marijuana nationally, working with Congress to ensure that the safe cultivation, distribution, and possession of recreational marijuana is the law of the land. She will also fight to ensure that as the national cannabis industry takes shape, Black men—who have, for years, been overpoliced for marijuana use—are able to access wealth and jobs in this new market.”

Republican Party Nominee Donald Trump on Cannabis Policy Reform

Former President Donald Trump has recently evolved his position on cannabis policy reform after many years with an inconsistent record on the matter. During his run for president in 2016, Trump said that he backed medical marijuana and that legalization should be left up to the states. 

As president, Trump supported U.S. Attorney General Jeff Sessions’ move to rescind the long-standing Cole Memorandum, a key document first issued by the DOJ in 2013 establishing a general federal policy of non-intervention in state cannabis laws as multiple states began to enact legalization policies. However, he also took notable measures on criminal justice reform when he commuted sentences for 16 people convicted of cannabis-related offenses, and pardoned 6 individuals for cannabis-related convictions.

Trump did not endorse or advocate for any federal bills throughout his presidential tenure, but has also generally maintained that legalization should be left to individual states. 

Despite his mixed record on cannabis, Trump has endorsed Amendment 3, a ballot initiative in Florida that would legalize personal cannabis use for adults 21 and over, stating that the measure would be very good for the state — and that he expects it to pass in the November 2024 election. He later added that, “We do not need to ruin lives and waste taxpayers’ dollars arresting adults with personal amounts of it on them.”

Trump has also recently voiced his support for broader cannabis policy reform and rescheduling, stating in a social media post that, “As President, we will continue to focus on research to unlock the medical uses of marijuana to a Schedule 3 drug, and work with Congress to pass common sense laws, including safe banking for state authorized companies, and supporting states rights to pass marijuana laws, like in Florida, that work so well for their citizens.”

There are several factors propelling cannabis reform across the United States. Public opinion has steadily become more favorable towards legalization, and according to Gallup polls, more than two-thirds of Americans now support legalizing cannabis for adults’ use, a dramatic increase from decades prior. The potential for tax revenue and economic benefits is also a strong motivator for many states. Additionally, the racial disparities in cannabis arrests are prompting calls for criminal justice reform. 

While some states have fully embraced legalization for both medical and recreational use, others have yet to budge on prohibition. This regional breakdown highlights the fragmented nature of cannabis policy in the United States. 

Northeast 

(Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont)

The Northeast has become more progressive on cannabis policy reform. The successful 2016 legalization effort in Massachusetts led to Maine, Vermont, Connecticut, and Rhode Island passing adult-use cannabis laws. The only holdout is New Hampshire, which remains an island of prohibition, although the N.H. House of Representatives has been passing legalization for years and 2024 marked the first time the Senate passed a legalization bill. 

Mid-Atlantic 

(Delaware, Maryland, New Jersey, New York, Pennsylvania)

The Mid-Atlantic region is undergoing a rapid transformation regarding cannabis legalization for adults. New Jersey legalized recreational cannabis in November 2020 through a ballot measure, followed by legislators passing three companion bills in 2021 to establish a regulated adult-use market, while New York passed a law to legalize cannabis for adult use in the same year. Maryland voters overwhelmingly approved a ballot measure (Question 4) legalizing cannabis for those 21 and older in 2022. Question 4 secured the highest winning margin of any cannabis legalization ballot measure to date, with MPP playing a pivotal role in the campaign to end Maryland's cannabis prohibition. Delaware also joined the ranks of legal states in April 2023, and MPP played a leading role in the advocacy coalition that guided the passage of legalization.

Meanwhile, Pennsylvania is increasingly an outlier on cannabis policy reform, with nearly all the neighboring states having legalized cannabis for adults. Because Pennsylvania does not have a ballot initiative process, legislative action is the sole path for reform in Pennsylvania. MPP remains actively engaged with allies in the state to push for the passage of adult-use cannabis legislation.

Midwest 

(Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Wisconsin)

The Midwest presents a diverse landscape regarding cannabis reform. In 2018, Michigan voters approved a cannabis legalization initiative, making Michigan the first state in the Midwest to legalize cannabis for adults 21 and older. Illinois followed suit shortly after, becoming the first state in the country to adopt a regulatory system for cannabis cultivation, testing, and sales through a state legislature. The MPP-backed bill in Illinois was a trailblazer in equity, both in licensing and expungements. With the passage of Amendment 3 in 2022, Missouri voters ended the failed policy of cannabis prohibition through a constitutional ballot measure to legalize and regulate cannabis for adults, and in 2023, both Ohio and Minnesota joined the list of adult-use legalization states in the Midwest.

Several Midwest states have made efforts to reform cannabis laws by voter initiative in recent years. Voters in North Dakota and South Dakota approved medical cannabis, and efforts to place the question of adult-use legalization on the November 2024 ballot in both states are underway. Meanwhile, advocates in Nebraska are working tirelessly to qualify a constitutional medical cannabis initiative for the ballot in 2024 after facing a series of setbacks.

While some neighboring states in the Midwest have made progress on cannabis policy reform, Wisconsin, Iowa, Indiana, and Kansas still remain stubbornly behind the times compared to other states and the nation as a whole. These Midwest states are some of the few states left with no effective medical cannabis law and that still imposes jail time for simple possession of cannabis.

However, as more and more states move forward, it’s only a matter of time before the remaining Midwest states improve their cannabis laws. Neighboring states with successful adult-use and medical cannabis programs will put pressure on holdouts to re-evaluate their policies, and the future of cannabis policy in the Midwest is likely to involve continued progress toward legalization. 

Pacific Coastal 

(Alaska, California, Hawaii, Oregon, Washington)

The Pacific Coastal Region has been at the forefront of cannabis policy reform in the United States. Oregon was the first state to decriminalize possession of small amounts of cannabis in 1973, a pioneering move at the time. California followed suit in 1996, becoming the first state to legalize medical cannabis. Washington joined the national conversation in 2012, being one of the first two states to legalize adult-use cannabis. Alaska has also been a groundbreaker in cannabis policy reform, with voters legalizing medical cannabis in 1998, and in 2014, Alaska became the third state (tied with Oregon) to legalize cannabis for adults' use.

Meanwhile, in 2000, Hawai’i became the first state in the nation to pass a medical cannabis law through the legislature — rather than the citizen initiative process. Although Hawai’i remains the only state in the Pacific Coastal region to lack an adult-use cannabis legalization law, a 2024 legalization bill came closer to the finish line than ever before, demonstrating growing momentum for legalization in the state.

Rocky Mountains 

(Colorado, Idaho, Montana, Nevada, Utah, Wyoming)

The Rocky Mountains Region is another mixed bag on cannabis policy reform. On November 6, 2012, Colorado voters ushered in a new era, making their state the first in the nation (tied with Washington state) to legalize cannabis, with MPP playing a leading role. A little over a year later, retail stores opened their doors, making history. In the following years, voters legalized cannabis for adult use in Nevada in 2016, and Montana followed suit in 2020. Meanwhile, Utah voters approved Proposal 2 — the Medical Cannabis Act — in 2018. 

However, the other two states in the region, Idaho and Wyoming, are still holding the line on prohibition and continue to impose jail time for simple cannabis possession.

Southwest 

(Arizona, New Mexico, Oklahoma, Texas)

Arizona and New Mexico have embraced legalization, joining the growing number of adult-use cannabis states across the country. Oklahoma voters approved medical cannabis in 2018, and the state now boasts one of the most expansive medical cannabis programs in the nation. However, Oklahoma voters defeated a ballot initiative to legalize, regulate, and tax cannabis for adults during a 2023 special election.

Texas remains an outlier. Despite lacking a comprehensive medical program and continuing to criminalize possession, decriminalization measures have gained traction on local ballots in recent years, hinting at a potential shift in policy.

Southeast 

(Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, Washington, D.C., West Virginia)

Southeastern states have been more hesitant to embrace cannabis reform. Georgia, South Carolina, and Tennessee lack a viable medical cannabis program and continue to imprison individuals for possessing small amounts of cannabis. And while North Carolina has removed jail time as a penalty for possession of small amounts of cannabis, the state still lacks a medical cannabis program. 

However, there has been steady, incremental progress to roll back prohibition in the Southeast, with several states implementing medical cannabis programs. In 2016, Arkansas voters approved a medical marijuana initiative. Then, in 2021, Alabama became the 36th state to pass medical cannabis legislation, although patients are continuing to wait for relief as the licensing process has been delayed and no one can legally use or access medical cannabis yet. In 2023, Kentucky legalized medical cannabis. In the same year, Mississippi implemented a comprehensive medical cannabis program, and upwards of 35,000 patients are now participating after a little over a year of operations. West Virginia is another Southeastern state that has legalized medical cannabis, although it remains one of the 19 states that have yet to even decriminalize cannabis possession. 

While the Southeast has been slower to evolve on cannabis policy reform, there are signs of change. Over the past several years, Louisiana has made steady progress to roll back what were among the most draconian cannabis laws in the country. The Louisiana legislature has passed and expanded medical cannabis laws, stopped incarceration for possessing up to 14 grams of cannabis, and allowed expungements for low-level cannabis offenses. As public support grows, MPP is actively engaging with lawmakers and voters to make Louisiana the first state in the “Deep South” to legalize adult-use cannabis. 

Meanwhile, in 2021, Virginia became the first state in the South to legalize cannabis for adults, and cannabis is also legal in Washington, D.C., although sales are not yet legal in either jurisdiction. In Florida, where medical cannabis is already legal, voters will decide whether to legalize cannabis for adult use this November. 

Final Thoughts

The United States is witnessing a patchwork of cannabis policies across regions. Over half the U.S. population lives in a legal cannabis state, and states that have legalized cannabis are blue, red, and purple. While some states are embracing comprehensive legalization, others are taking a more cautious approach with medical programs or decriminalization. Public opinion and the success of existing programs are likely to continue driving reform efforts nationwide.

MPP has played a significant role in much of the progress our movement has achieved across the country in the past 20 years, and the cannabis policy landscape continues to evolve at a swift pace. You can support our efforts to continue changing laws and changing lives by donating to MPP, or by becoming a monthly sustaining member.

Despite Senate President Jeb Bradley’s opposition to legalization — and his stated preference that legalization die — he did not stack the committee of conference on legalization (HB 1633) with prohibitionists. Sen. Bradley appointed himself and two “yes” votes and negotiated in good faith.

The House should be proud that it got significant changes, which will ensure the survival of ATCs (medical dispensaries) and reduce criminalization. Now, the House and Senate have until Thursday, June 13 to pass the negotiated bill.

Ask your lawmakers to vote “yes” on HB 1633.

The changes approved by the committee of conference are:

1. prioritizing the licensure of ATCs (alternative treatment centers)
2. removing criminalization of passengers for non-inhaled consumption of cannabis in cars
3. fixing a technical error introduced in Senate Finance that nullified several sections of the bill (restoring the immediate effective date allowing ATCs to convert to be for-profit)
4. adding one more industry representative to the cannabis control commission
5. until legalization takes effect on January 1, 2026, increasing the decriminalized amount from ¾ ounce to one ounce (the amount that is legal in Massachusetts and Vermont)

We’re grateful to the conferees for their diligent work while they juggle many other conference committees, as virtual volunteers!

We’ll have plenty of work to do in future years to improve HB 1633. But now is the window to get legalization done. Please write your legislators and spread the word!

Live Free, New Hampshire!

For the first time ever, the New Hampshire Senate voted to legalize cannabis last week!

The Senate also adopted both positive and concerning amendments to HB 1633. It capped the number of businesses of one type a person could own at one instead of three — a key priority for many NH advocates. But it also turned an advisory board that could be stacked with prohibitions into a binding commission. And it failed to act on an amendment to prioritize ATCs (medical businesses) and to give a shot to other small businesses.

On the bright side, the Senate rejected an amendment with a 15% THC cap on cannabis products, along with other concerning provisions.

More work is needed to improve the bill, but we can't let this chance to legalize slip away. This may be the last window for years. Gov. Chris Sununu is not running for re-election and leading Republican candidates Kelly Ayotte and Chuck Morse are prohibitionists.

HB 1633 now heads to the Senate Finance Committee. From there, it would get a second Senate floor vote before heading back to the House to concur or nonconcur. Amendments are possible both in committee and on the second floor vote.

If you live in New Hampshire, ask your state senator to improve HB 1633 and make this the year NH stops being an island of prohibition.

The news was bleaker for the other bills to advance cannabis justice and freedom. Three important bills were referred to interim study:

• HB 1539, an MPP-backed bill which would annul cannabis convictions and create a process for re-sentencing cannabis offenders if doing so is in the interests of justice.
• HB 1231, which would allow qualifying patients and designated caregivers to cultivate therapeutic cannabis, and
• HB 82, which codifies employment protections for therapeutic cannabis patients.

Meanwhile, HB 1278, which allows prescribers to certify adult patients for therapeutic cannabis for any debilitating medical condition, was pushed back. It is now scheduled for a floor vote on Wednesday. Consider calling your senator in support of HB 1278. All prescriptions can be prescribed off-label, for conditions other than the ones they are approved for. Prescribers should also be allowed discretion to recommend cannabis for other debilitating medical conditions.

Make your voice heard! And stay tuned for updates.

Ask your senator to improve and pass the legalization bill

Today and tomorrow, the New Hampshire Senate will be voting on a long list of bills, including cannabis legalization (HB 1633), annulment + resentencing (HB 1539), and legalizing home cultivation for therapeutic cannabis (HB 1231)!

Ask your state senator to make this the year NH stops being an island of prohibition.

For the first time ever, the Senate Judiciary Committee approved a legalization bill last week. Before doing so, it passed an amendment that includes changes that are essential to getting past the governor.

Unfortunately, the amendment also includes revisions that were not demanded by the governor and that make the bill worse. It removes language prioritizing ATCs that have been operating in compliance with New Hampshire law and serving patients, while adding language that grants licenses based on experience operating out-of-state cannabis companies. It would make it all-but impossible for Granite State farmers, shop owners, and others who haven't run cannabis companies to enter the new industry.

The full Senate is expected to vote tomorrow on the House-passed legalization bill, the Senate Judiciary amendment, and probably both good and bad amendments — including poison pills like capping THC unreasonably low. If the Senate passes HB 1633, it will likely go to a second Senate committee and then have a second Senate floor vote before returning to the House to concur or nonconcur.

This may be the last window to legalize cannabis in New Hampshire for years. Gov. Chris Sununu is not running for re-election and leading Republican candidates Kelly Ayotte and Chuck Morse are prohibitionists. It's crucial that HB 1633 gets through the Senate. But it's also important your senator hears you want them to make the bill better first.

Write your senator today to ask them to support legalization, but to give New Hampshire small businesses a fair shot at licensing.

In addition to legalization, the Senate agenda includes other bills to advance cannabis justice and freedom:

• HB 1539, an MPP-backed bill which would annul cannabis convictions and create a process for re-sentencing cannabis offenders if doing so is in the interests of justice.
• HB 1278, which allows prescribers to certify adult patients for therapeutic cannabis for any debilitating medical condition.
• HB 1231, which allows qualifying patients and designated caregivers to cultivate therapeutic cannabis.
• HB 82, which codifies employment protections for therapeutic cannabis patients.

Consider calling your senator in support of one or all of these important bills. Make your voice heard! And stay tuned for updates.

On Monday, April 22nd, 2024, in a shocking turn of events, the Hawai’i Senate defeated the House-passed version of SB 2487, which would have expanded the state’s paltry decriminalization law. The Senate had previously approved an earlier version of SB 2487, 24-1. It had also passed full legalization, which died in the House Finance Committee. 

Sen. Angus McKelvey was one of the 14 senators to flip from “yes” on March 5’s vote to “no” yesterday. He claimed, “The Senate sent a very good, reasonable recreational legalization bill with guardrails over to the other chamber,” saying SB 2487 could “explode” the illicit market, “undercutting and creating all the safety hazards that the bill we sent over should have addressed.”

As a result of the Senate’s 9-15 vote, hundreds of Hawai’i residents and visitors will continue to face traumatic arrests, possible jail time, and life-altering records for personal use of cannabis. Hawai’i has the lowest threshold for decriminalization — three grams, or under 1/8 ounce. The fine is a hefty $130, which is unaffordable to many who struggle to make ends meet. Possession of over three grams can result in up to 30 days in jail and/or a fine of up to $1,000. 

In brighter news, two state-initiated expungement bills — both of which were narrowed down in the legislative process — are headed to  Gov. Josh Green’s desk. HB 1595 would create a pilot program to wipe away arrest records that didn’t result in conviction for simple possession in Hawai’i County. Meanwhile, SB 2706 would set up a Clean Slate Expungement Task Force to look into broader state-initiated expungement. 

Ask Gov. Green to sign these important but limited expungement bills.

While this legislative session included significant setbacks, Hawai’i came the closest it has ever made it to legalization. In prior years, legalization bills did not even receive a House hearing. This year, it passed the Senate and three House committees. 

Opponents — largely in law enforcement — spent an inordinate amount of time scaremongering to defeat progress. We hope you’ll continue to fight for cannabis justice and freedom.

This is an election year. Be ready to get engaged and make your voice heard as candidates ask for your vote.

On Thursday, April 25, the Senate Judiciary Committee will be holding hearings on two bills that would transform cannabis policy in the Granite State — legalization bill HB 1633 and annulment/resentencing bill HB 1539.

This is Gov. Sununu’s last year in office, and the next governor may be unwilling to sign any legalization bill. We can’t let this opportunity to end prohibition slip away.

We’re urging the Senate Judiciary Committee to pass both bills and to make modest revisions to HB 1633 to address the issues outlined by the governor and avoid his veto. However, it’s also important the Senate avoid a complete rewrite of the bill, which could result in a non-concurrence in the House.  

Make your voice heard, either in written testimony or in person:

When: Thursday, April 25 — starting at 1:30 p.m., with HB 1539 first

Where: Room 100, State House, Concord, NH

What: Senate Judiciary Committee hearings on legalization bill HB 1633 and annulment/resentencing bill HB 1539.

For background, check out this NH Bulletin article, along with my testimony on HB 1633 and HB 1539. You can also find resources on legalization on our library.