On September 1, HB 46 took effect, significantly expanding the Texas Compassionate Use Program (TCUP), Texas’ restrictive medical cannabis law. Some parts of the law, however, required administrative rulemaking to implement:

• The Department of Public Safety (DPS) has proposed rules to license more dispensing organizations and to allow satellite locations.   

• The Department of State Health Services (DSHS) has proposed rules including to create processes for requesting approval of devices for non-smoked pulmonary inhalation.

We are also requested three revisions to rules for pulmonary inhalation devices, which add new hurdles that are not in the law:

• removing the apparent requirement, which is not HB 46, that physicians are required to prescribe a specific device for pulmonary inhalation.

• adding a reasonable and explicit deadline for approving medical devices for pulmonary inhalation. 

• allowing dispensary organizations, patients, and manufacturers of devices for pulmonary inhalation to request approval for devices. The proposed rules only allow prescribing physicians to propose approval of devices for pulmonary inhalation. 

Check out our comments to DSHS. If you’d like to weigh in on either set of rules, you can: 

• submit comments on the proposed DSHS rules to [email protected] with “Comments on Proposed Rule 25R037” in the subject line. While the deadline for comment is October 6, rules must be effective by October 1, so it may be prudent to submit by late September.

• send comments on the proposed DPS rules to [email protected] by Sunday, September 21.

Our allies at the Texas Cannabis Policy Center have additional information on the rules and licensing process and timeline here. 

Thanks for all of your advocacy this year to expand medical cannabis and defeat the ban on hemp-derived THC!

New laws, regulations, and court decisions are impacting access for medical cannabis patients and cannabis businesses in several states. While some developments are positive, such as Texas recently expanding its Compassionate Use Program, others are cause for concern and opportunities for advocacy.

Texas: On September 1, HB 46 took effect, significantly expanding the Texas Compassionate Use Program (TCUP), Texas’ restrictive medical cannabis law, including by adding chronic pain, allowing inhalation of extracts, and replacing the 1% THC cap with a 1 gram/ package cap. 

Some parts of the law, however, required administrative rulemaking to implement. The Department of Public Safety (DPS) has proposed rules to license more dispensing organizations and to allow satellite locations. Additionally, the Department of State Health Services (DSHS) has proposed rules to create a process for requesting approval of devices for non-smoked pulmonary inhalation and to establish a process for physicians to request that DHS recommend the legislature approve additional qualifying conditions.  

MPP has submitted comments to DSHS, raising several concerns about how the rules would undermine HB 46. If you’d like to weigh in, you can submit comments on the proposed DHS rules to [email protected] with “Comments on Proposed Rule 25R037” in the subject line (while the deadline for comment is October 6, rules must be effective by October 1, so it may be prudent to submit by late September) and send comments on the proposed DPS rules to [email protected] by Sunday, September 21.

Our allies at the Texas Cannabis Policy Center have additional information on the rules and licensing process and timeline here. 

In other news, Gov. Greg Abbott (R) issued Executive Order GA 56 on September 10, directing agencies to age-gate and further regulate hemp-derived THC products. Make sure you’re signed up for MPP’s Texas e-mail alerts for updates on rulemaking.

Georgia: The Blue-Ribbon Study Committee on Georgia's Medical Marijuana and Hemp Policies is tasked with studying and evaluating policies and procedures surrounding medical marijuana and hemp products. The meeting dates and locations can be found here. Georgia currently has a low-THC medical cannabis law that allows extracts with up to 5% THC. 

Nebraska: Gov. Jim Pillen signed outrageous medical cannabis emergency regulations that the state’s leading medical cannabis advocate called the “nail in the coffin” for the medical program. MPP’s comments on an earlier version of the proposed emergency regulations can be found here. The Nebraska Medical Cannabis Commission is accepting applications for cultivation licenses through September 23, 2025.

Alabama: The Alabama Medical Cannabis Commission (AMCC) is preparing to have an administrative law judge hold investigative hearings that could “resolve a key issue by finally issuing licenses to dispensaries.” Currently, there are court-imposed stays in the issuance of licenses, brought on by lawsuits from applicants.

Kentucky: Medical cannabis sales are expected to launch by the end of the year, according to Gov. Andy Beshear. The portal for applying for medical cannabis patient cards has become operational. The state has created a guidebook to help walk patients through the process to become a registered patient, and the Office of Medical Cannabis is hosting a series of webinars​ for how potential patients and caregivers can become medical cannabis cardholders.

Federal: In Congress, the House Appropriations Committee has approved a spending bill that would block the Department of Justice from using funds to advance federal marijuana rescheduling, essentially halting any action the White House might take to reschedule cannabis under the Controlled Substances Act. Marijuana is currently listed as Schedule I under the CSA — the most restrictive designation reserved for drugs with high potential for abuse and no clearly determined medical use. 

On September 10, Gov. Greg Abbott (R) issued Executive Order GA 56, directing agencies to age-gate and further regulate hemp-derived THC products. Gov. Abbott vetoed a hemp-derived THC ban (SB 3) on June 23. Since then, he has repeatedly called for the legislature to regulate, not ban, these products. However, the legislature was unable to come to a compromise in either special session. 

Abbott posted the executive order on X, saying, “Safety for kids, freedom for adults.”

In the executive order, the governor calls for the Texas Alcohol Beverage Commission (TABC) and the Department of State Health Services (DSHS) to craft new regulations. The executive order directs them specifically to:

• Use total delta-9-THC when measuring potency, using both delta-9-THC and “the conversion of THCA” 
• Require ID checks and ban purchases by anyone under the age of 21
• Revise labeling, testing, enforcement, and accountability standards
• Change regulatory fees

It also provides that the Department of Public Safety will enforce state laws on unlawful sales of hemp products.

In the introductory part of the proclamation, the governor cited HB 36 and HB 309 from the second special session as examples for further consideration. A study will be undertaken as to how policies similar to what was proposed in HB 309 could be implemented.

The rule-making procedure is very important for the future of these products in Texas. They will be subject to public comments after they are released in the Texas Register. We will continue to keep you up to date with this process. 

As Michigan’s budget impasse continues, MIRS reports that proposals “such as a $470 million new wholesale marijuana tax, [and others] …  are all ideas the Senate D's are moving toward.” Earlier this year, Gov. Gretchen Whitmer (D) proposed a massive 32% wholesale excise tax on cannabis, in addition to the current burden of 16% at retail. 

If you live in Michigan, ask your lawmakers to stand up against this massive tax increase on cannabis consumers.

Cannabis is already taxed at a far higher rate than alcohol. Michigan taxes wine at 13.5 cents per liter, about 1% for a $10 bottle, plus standard sales taxes. Michigan’s cannabis consumers, many of whom use cannabis as a medicine, should not have to shoulder a massive new tax burden. 

Roughly doubling the tax burden on cannabis would also strike another blow to Michigan’s small cannabis businesses, which are already struggling. This will drive demand underground, to the intoxicating hemp market, and even across the border to Ohio — which has a 15.75% tax rate.

Cannabis consumers already pay more than their fair share in taxes — at an amount that was set in the voter-approved initiative. Cannabis consumers shouldn’t be singled out to shoulder the burden for fixing Michigan’s roads.

The Massachusetts Joint Committee on Cannabis Policy advanced two cannabis bills — one would improve the medical cannabis program, and the other would provide employment protections for cannabis consumers.

Rep. Michael Soter’s (R) H.176 would allow veterans receiving treatment from the VA to qualify for medical cannabis without a certification from a physician. They could instead submit VA documentation of their qualifying condition, given that VA personnel are not allowed to recommend medical cannabis. H. 176 would also list opioid use disorder and PTSD as qualifying conditions for medical cannabis. 

The other cannabis bill that advanced in the committee was Rep. Michael Kushmerek’s (D) H.159. If passed, the bill would prohibit employers from not hiring, firing, or disciplining their employees solely based on a positive THC test, with some exceptions. Employees could not be impaired at work, and the bill excludes safety-sensitive positions and cases with a federal mandate.

If you live in Massachusetts, let your state lawmakers know they should follow the lead of other states that have protected workers’ freedom to use cannabis on their own time.

In a testament to the power of grassroots activism, the third attempt by Lt. Governor Dan Patrick (R) and his allies to criminalize hemp-derived THC failed again on September 3. 

There were attempts to come to a compromise to more strictly regulate the products, but Senate leadership demanded nothing short of a total ban. The Senate adjourned before the House of Representatives could have voted on a bill that would restrict these products to adults over 21. Rep. Briscoe Cain’s HB 309, a 175-page regulatory bill, also did not receive a hearing or a vote. 

This long process began in January. The Senate flexed its power and passed SB3, the original bill to ban hemp-derived THC. The House also passed the ban, with some representatives later revealing that they were coerced to support it or face their bills not being advanced in the Senate. 

Governor Greg Abbott (R) listened to the pleas of the multitudes of people who testified that these products improved their quality of life and vetoed SB3. In his proclamation for the first special session, Abbott called for additional regulations and criminal penalties for selling to anyone under 21. 

You can thank Governor Abbott here for his support of regulation over prohibition!

It remains uncertain if a third special session will be convened. The 89th Texas Legislature saw the most significant cannabis policy victory so far: HB 46 greatly expanded the Texas Compassionate Use Program. The successful defense (so far) of most hemp-derived THC products was also an incredible victory. However, the legislature did enact a ban on the sale of vapes with cannabinoids. Had the full ban gone into effect, it is estimated that arrests would have exceeded 60,000 annually. Attempts at ending the home rule ability for citizens to vote to decriminalize cannabis on the local level were also defeated (but they are still at risk in the courts). 

Congratulations to all who called, emailed, or testified at the capital. The power of people should not be underestimated. Undoubtedly, prohibitionist forces will continue to try and limit access to these products. Without an additional special session, there will be an election before the next regular session of the legislature in 2027. If you live in Texas, make sure that you are registered to vote and participate in the primary process as well as the general election. Engage candidates as to where they stand on cannabis policy, and make sure to help others in your community to get involved as well!

Congress may be in recess, but with recent comments from the White House on rescheduling — and pending cannabis reform legislation on Capitol Hill — we're staying plugged in to what’s happening in Washington.

Congress to Decide Fate of Veterans’ Access

In Congress, a budget provision that would permit Veterans Affairs doctors to recommend medical cannabis to military veterans has cleared initial hurdles in the House and Senate. The bill now must make it through the reconciliation process and be included and passed in the final version of the MilCon-VA spending bill, and then be signed by the president to become law. 

MPP has been outspoken that veterans should have access to medical cannabis, particularly given its potential to treat symptoms of PTSD and other serious ailments that impact veterans due to their service. This provision has been included in drafts of prior spending bills, but was ultimately left out when the final bills came to a vote.

Trump Hints at Rescheduling

Recent reports indicate that President Trump is now considering a move to follow through on the Biden administration’s push to reschedule marijuana. While the action the president will ultimately take — if any — remains unclear, he has said a decision will come "in the next few weeks”.

MPP will continue to push for full federal legalization, and we remain focused on advancing cannabis freedom state-by-state to build the critical mass of support that will make nationwide legalization a reality.

When Congress returns to session in September, we must be ready to take action and make our voices heard louder than ever. Stay tuned for MPP’s Action Alerts — because it’s long past time for Congress to honor those who have served our country and allow veterans’ access to medical cannabis.

A new federal report has confirmed what we at the Marijuana Policy Project have been saying for years: legalizing and regulating cannabis does not lead to an increase in youth use. In fact, it often does the opposite.

According to the Substance Abuse and Mental Health Services Administration (SAMHSA), youth cannabis use has remained stable — and in many cases declined — even as more states have legalized marijuana for adults. Between 2021 and 2024:

• Past-year marijuana use among 18–25-year-olds dropped from 19.2% to 16.7%.
• Multiple states that legalized during this period, such as Connecticut, Maryland, Minnesota, Missouri, and New York, saw no spike in underage use.

Other research backs this up:

Teen cannabis use in Colorado has fallen by 42% since legalization in 2012, according to the state’s Department of Public Health, and a broader national review found that 19 legalization states saw youth marijuana use decrease — often by double digits.

By replacing the underground market with a regulated system that checks IDs and enforces age requirements, we can keep cannabis out of the hands of minors far more effectively than prohibition ever could.

But with 26 states and the federal government maintaining the broken approach of prohibition and criminalization, our fight is far from over. Many states still cling to outdated prohibition laws that waste resources, criminalize responsible adults, and leave the market unregulated — making it easier, not harder, for teens to get cannabis. 

The facts are on our side, and now is the time to push harder than ever for full legalization across the country. Every new legalization victory means more safety, more justice, and more freedom.

The United States is witnessing a patchwork of cannabis policies. While a majority of states have embraced some form of legalization, whether for adult-use or medical programs, a few states still cling to outdated prohibition laws. This stark divide highlights the fragmented nature of cannabis regulation across the nation, where a substance that's legal in one state can lead to severe penalties in another state.

Northeast 

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, despite repeated efforts to pass adult-use legislation. 

Mid-Atlantic 

The Mid-Atlantic region has undergone a rapid transformation regarding cannabis legalization in recent years. New Jersey legalized adult-use cannabis in 2020 through a ballot measure, while New York passed a law to legalize cannabis for adult use in 2021. Maryland voters overwhelmingly approved a ballot measure legalizing cannabis for those 21 and older in 2022, and Delaware joined the ranks of legal states in April 2023. Meanwhile, Pennsylvania, an outlier on cannabis policy reform in the region, is one of only 19 states where adults can be incarcerated simply for possessing cannabis. 

Midwest 

The Midwest presents a diverse landscape regarding cannabis reform. In 2018, Michigan became the first state in the Midwest to legalize cannabis for adults 21 and older. Illinois followed suit in 2019, becoming the first state in the country to legalize adult-use cannabis through a state legislature. In 2022, Missouri voters passed 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. While efforts to legalize adult-use cannabis through ballot initiatives have fallen short in South Dakota and North Dakota, voters in both states approved medical cannabis, and Nebraska voters overwhelmingly approved two companion medical cannabis initiatives in 2024. Wisconsin, Iowa, Indiana, and Kansas still remain stubbornly behind the times and are some of the few states left with no effective medical cannabis law and that still imposes jail time for simple possession of cannabis.

Pacific Coastal 

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, and in 1996, California became 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. Further, Alaska became the third state (tied with Oregon) to legalize cannabis for adults’ use in 2014. While Hawai’i remains the only state in the Pacific Coastal region to lack an adult-use cannabis legalization law, in 2000, the state became the first state in the nation to pass a medical cannabis law through the legislature rather than the citizen initiative process. 

Rocky Mountains 

The Rocky Mountains region is another mixed bag on cannabis policy reform. In 2012, Colorado voters ushered in a new era, making their state the first in the nation (tied with Washington state) to legalize cannabis. In Nevada, voters legalized cannabis for adult use in 2016, and Montana followed suit in 2020. Meanwhile, Utah voters approved a medical cannabis ballot initiative 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 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, but then defeated a ballot initiative that would have legalized the adult use of cannabis in 2023. Most recently, Texas became the 40th medical cannabis state after Gov. Greg Abbott signed a medical cannabis expansion bill into law earlier this year.

Southeast

Southeastern states have been more hesitant to embrace cannabis reform, but there has been some steady, incremental progress to roll back prohibition across the region. 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. Arkansas and Florida voters approved medical marijuana initiatives in 2016. Then, in 2021, Alabama became the 36th state to pass medical cannabis legislation. In 2023, Kentucky legalized medical cannabis and Mississippi implemented a comprehensive medical cannabis program. West Virginia has also legalized medical cannabis, although it remains one of the 19 states that have yet to even decriminalize cannabis possession. Louisiana has also made steady progress by passing and expanding medical cannabis laws and stopping incarceration for possessing up to 14 grams of cannabis. Meanwhile, 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.

Oklahomans for Responsible Cannabis Action (ORCA) has launched their signature drive to put Question 837, which would legalize cannabis for adults, on the ballot. If approved, legal cannabis access for adults 21 and older would be enshrined in the Oklahoma Constitution. The proposed language can be found here.

The first period for legal challenges has passed without issue. Beginning August 6, the campaign will have 90 days to collect 172,993 valid signatures. The campaign’s goal is to submit 300,000 signatures to make sure there is a buffer. Then, the Secretary of State will have 45 days to verify those signatures. 

Learn more about ORCA's campaign here!

Question 837 includes home cultivation of up to 12 plants. It would not negatively impact Oklahoma’s robust medical program. Among other items addressed by the initiative, the current 7% excise tax on medical cannabis would be abolished, in favor of a 10% excise tax on adult-use sales. State and local sales tax would still apply. Veterans would be able to receive their patient licenses without charge. 

If Question 837 qualifies, the governor could put the measure on the ballot during the June primary, the November 2026 general election, or he could call a special election.

Together, we have the opportunity to enshrine access to cannabis into Oklahoma’s state constitution. That will limit the ability of the legislature to “chip away” at the medical program and will legalize adult-use cannabis in perpetuity. Now is the time for all Sooners to come together and end prohibition once and for all!