Marijuana decriminalization and legalization bills in West Virginia have been filed by Senator Mike Woelfl this session! We are thrilled the Mountain State has the opportunity to evolve on cannabis laws, as many of its neighboring states have.

The decriminalization bill, SB 219, would:

• Reduce the penalty for possession of under 15 grams to a fine of no more than $25, removing the possibility of jail time
• Downgrade the offense from a criminal misdemeanor to a civil violation

The legalization bill, SJR3, would refer a state constitutional amendment to voters that — if approved — would:

• Allows adults 21 years of age and older to legally possess no more than two ounces of cannabis and four plants
• Provide that any prior convictions for possession of two ounces or less of cannabis will be dismissed and/or expunged

If you live in West Virginia, ask your legislator to support these efforts to change the cannabis regulatory landscape!

In 2023, the FBI Uniform Crime Report found 1,854 adult arrests in West Virginia for simple marijuana possession (with 86% of agencies reporting).

West Virginia is the fourth worst state for racial disparities in marijuana arrests — Black people are 7.3 times more likely to be arrested for cannabis possession than white people in the state, despite similar use rates.

It's time for West Virginia to catch up with Ohio, Maryland, and Virginia — and to give voters a chance to end the war on cannabis.

Included in Gov. Kathy Hochul’s budget proposal was language to remove the ban on giving law enforcement probable cause to search vehicles based solely upon the odor of cannabis. This prohibition on searches based on odor was a key part of New York’s 2021 legalization law.

Although New York decriminalized cannabis back in 1977, New York City police largely ignored the law and made the city the marijuana arrest capital of the world for years — with Black and Latino people disproportionately targeted. Removing the ban on searches based on the real or feigned smell of cannabis will turn back the clock and open the door on intrusive and racially discriminatory enforcement.

If you live in New York, let your lawmakers know no one should be presumed to be a criminal and be subject to a search for legal activity. People who work in cannabis cultivation and processing often smell like cannabis when they get off work. Just say NO to searches based solely on the smell of cannabis!

Georgia is increasingly an outlier when it comes to cannabis policy. It is one of only 19 states that continues to jail cannabis consumers, and Georgia's low-THC medical cannabis program is so limited MPP does not count it as a "medical cannabis state."

That could change this year! A bipartisan group of legislators have submitted HB440 – the PEACH (Providing Effective Access to Cannabis for Health) Act. This legislation would allow all forms of medical cannabis, including flower, instead of limiting it to oils. HB 440 also adds some qualifying ailments, and removes the language on many ailments that only qualify at severe or end stage situations. In addition, it offers reciprocity for out-of- state patients.

If you live in Georgia, urge your legislators to support expanding access for medical cannabis patients!

The legislature session began in January for a two-year legislative cycle. Last year Georgia lawmakers proposed a bill to create a functional medical cannabis program, but the bill failed to make it out of committee. 

In February, the Arkansas General Assembly approved SB59, which could pay for students' breakfasts with taxes generated from medical cannabis. HB1408 would allow patients to use Health Savings Accounts or Flexible Spending Accounts for medical cannabis.

However, no lawmaker has submitted language to decriminalize cannabis, a reform that is desperately needed. Arkansas remains one of only 19 states that still incarcerates individuals for possessing small amounts of cannabis. Arkansas currently has some of the harshest cannabis laws in the nation. Possessing less than four ounces of cannabis is a misdemeanor carrying up to one year in jail and a fine of up to $2,500.

If you live in Arkansas, ask your legislator to stop jailing cannabis consumers!

Partial data reported to the FBI's Uniform Crime Reporting Program shows that 84% of law enforcement agencies reporting made 4,976 arrests for cannabis possession in Arkansas in 2023. Law enforcement resources could be put to far better use. It is time your legislators heard from you that custodial arrests for small amounts of cannabis is not what the citizens want!

The 2025 Texas legislative session is underway, and a bill to stop jailing cannabis consumers has been filed!

Representative John Bucy III (D) has introduced HB1790, which would remove criminal penalties for possession of up to one ounce of cannabis flower, among other drug policy reforms. Texas continues to be an outlier when it comes to arresting people for possessing small amounts of cannabis.

If you live in Texas, ask your legislators to support this legislation.

Reform is urgently needed in Texas. MPP's decriminalization report highlighted a case from March 2021. Marvin Scott III died in jail about nine hours after being incarcerated during booking for possessing less than two ounces of cannabis (the general charge for possession of small amounts of cannabis in Texas). Scott suffered from schizophrenia and was confined in a restraint bed with a spit mask, pepper sprayed, and subjected to a pressure point control technique. He went into fatal cardiac arrest.

As President Trump has said, people should not be jailed for possessing small amounts of cannabis.

We will continue to keep you up to date with cannabis policy reforms on the legislative agenda this year in Texas. 

On Thursday, February 27, Montana lawmakers will hold a hearing on an outrageous bill (SB 255) that would force adult-use cannabis consumers to register with the state at a cost of $200 per year! Those who don't pay up would lose their ability to legally purchase, possess, or use cannabis.

What: Business, Labor and Economic Affairs Committee Hearing on SB 255 — Revise recreational marijuana laws to require a marijuana identification card
Where: Montana Capitol, Room 422, 1301 E 6th Ave., Helena, MT 59601. Parking information.
When: Thursday, February 27, 2025 at 8:30 a.m.

If you live in Montana and plan to testify in person next Thursday, please arrive early as seating is limited. Be sure to sign the witness sheet when you arrive. If you can't attend in person, you can sign up for remote testimony or submit written comments through the Public Participation portal. Anyone wishing to testify remotely must register at least two hours before the hearing begins.

The voter-approved legalization initiative, I-190, explicitly prohibits the collection of personal information from adult-use cannabis consumers. Under I-190, the Department of Revenue is not authorized to require or record personal information beyond verifying a consumer's age. This is an intrusion in privacy that would recriminalize cannabis for most Montanans, who do not want to pay to be on a government list as cannabis consumers.

By imposing a state registration system, SB 255 subjects law-abiding cannabis consumers to surveillance and government overreach. This also puts Montanans at risk under federal law. Cannabis remains federally illegal, and gun owners who are cannabis consumers face up to 10 years in prison.

Under SB 255's provisions, only Montana residents could register. Consumers would be required to keep a state-issued card in their "immediate possession at all times." It further stipulates that "law enforcement officers have access to accurate and up-to-date information on marijuana cardholders" and that state officials may use the program "to track marijuana cardholder purchases."

If you live in Montana, make sure lawmakers hear from you! Do not be intimidated. Testify and demand they vote NO on this harmful proposal!

Bad news! The Idaho House and Senate have both passed an outrageous bill, HB 7, that imposes a mandatory minimum $300 fine for possession for small amounts of cannabis. It now heads to Governor Brad Little's desk. If you live in Idaho, ask the governor to veto this excessive fine.

An Idaho combat veteran voiced his concerns before the committee, expressing how this bill could harm veterans with high fines for just needing an edible. We share those concerns about how this bill will be detrimental to Idahoans who use cannabis for therapeutic uses.

Making it worse, this mandatory minimum fine is also in addition to possible jail time! These harsh mandatory fines would have devastating effects on Idahoans, especially those who struggle to make ends meet, including patients who are using cannabis medically.

Unfortunately, Gov. Little has an anti-cannabis history. We need as many Idahoans as possible to let him know voters deserve more freedom, and less draconian cannabis laws, not more.

If you live in Idaho and want to go the extra mile, place a call to the governor's office or contact him on Twitter/X after you send an email. If you make a call, be sure to leave your name, number, and the city or town you live in, and politely ask the governor to veto HB 7, which would impose a harsh mandatory minimum fine on possessing even a tiny amount of marijuana. You can mention that judges should have the discretion, especially since cannabis is used as a medicine for many — including veterans.

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 misuse. 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.