On 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.

Thanks to dedicated supporters and advocates like you, we have a lot to celebrate today. The dozen years that have passed since Colorado became the first state to legalize cannabis for adults in 2012 have demonstrated the simple truth: legalization works!

As we continue the fight to replace the failed approach of prohibition and criminalization with sensible and humane cannabis policies that work for ALL Americans, April 20th is a day to enjoy the fruits of our hard fought battles for freedom and justice.

From all of us here at the Marijuana Policy Project, have a safe and stellar 4/20!

This April, we’re doing a deep dive on the past, present, and future of cannabis policy. Check out our recent posts highlighting some of the major historical milestones in cannabis policy reform and the current landscape of cannabis policy in the United States. 

Across the United States, the landscape of cannabis legalization is rapidly changing. Legalization works, and that’s why 9 out of 10 Americans now agree that cannabis should be legal for medical or adult-use. With this growing support, the question isn't if – but when – the nation will see legalization on the federal level.

Even President Biden has acknowledged the failed approach of federal cannabis prohibition, and his recent actions to issue a mass pardon proclamation and launch a clemency certificate application process show that the momentum is building for comprehensive federal reform.

MPP has an ambitious plan to legalize adult-use cannabis in several more states and bring our movement to a tipping point where we will finally have the necessary coalition to push through comprehensive federal legalization. Reaching 31 legalization states means that a filibuster-proof 62 Senators, a majority of House Republicans, and 84% of House Democrats would be representing constituencies with robust legal cannabis markets. With this level of Congressional support, ending federal cannabis prohibition will be within our grasp.

Making progress in the states is crucial because 99% of the hundreds of thousands of cannabis possession arrests that occur every year happen at the state and local level. Millions of people are still living in states without adult-use legalization laws, and over 40,000 individuals remain behind bars for cannabis-related charges.

To date, 24 states and D.C. have legalized adult-use cannabis. These successful state-run programs provide valuable data on regulation, taxation, and social impacts, proving legalization can be implemented effectively. 

While the vast majority of states have reformed cannabis laws, the federal government lags behind. The continuation of federal cannabis prohibition stands in the way of all of the state policy victories we've achieved over the past decade. With the tide of public opinion shifting and the success of state-level legalization, advocates are working towards federal legalization.

Voice your support for federal legalization to your congressional members.Let them know you stand with the majority of Americans who favor a legal cannabis market.

The future of cannabis in America is bright. With continued public support and ongoing advocacy efforts, nationwide legalization is on the horizon. By working together, we can create a safe, regulated cannabis market that benefits all Americans. It’s on us to seize this opportunity and demand that Congress heed the voice of the American people and end the war on cannabis. 

With continued public support and a willingness to address the remaining challenges, the United States will finally see a more sensible and sustainable approach to cannabis policy.

On Thursday, the New Hampshire House of Representatives voted 239-136 to send Rep. Erica Layon’s legalization bill (HB 1633) to the state Senate. Time and time again, the Senate has killed legalization. But this year, there is a window of opportunity to get it done.

Let your senator know that it’s past time the Live Free State lives up to its name.

Twenty-four other states, including all of New Hampshire’s neighbors, have already legalized cannabis for adults.

For the first time ever, New Hampshire has a governor who has said he’d sign a legalization bill — if it meets his parameters. Gov. Chris Sununu (R) isn’t running again, and the two Republican candidates are longtime prohibitionists. In case the window of opportunity closes, it’s vital that lawmakers seize the opportunity.

Write your senator and spread the word! Let’s make New Hampshire the 25th adult-use legalization state.

The Maryland General Assembly gaveled out for the year last night, with three cannabis justice bills dying in committee – two employment protection bills and a parole/probation revocation bill.

At least nine legalization states protect cannabis consumers from job discrimination. And most medical cannabis states have protected patients from being fired for using their medicine off hours. The House Economic Matters and Senate Finance Committees held long hearings on Maryland’s employment protection bills — HB 525 and SB 513. Firefighters, union members, and others testified to the need for similar protections in Maryland.

But Del. Jheanelle Wilkins’ HB 525 and Sen. Alonzo Washington’s SB 513 both died in committee, without even getting a vote. Medical cannabis patients and adult-use consumers will continue to be able to be fired for testing positive for metabolites of THC, days or weeks after impairment wears off.

In another blow for cannabis justice, HB 474 died in the House Judiciary Committee, also without having received a vote. The bill would have prevented a person from having their parole, probation, or pre-trial release revoked based on testing positive for cannabis, unless the court or the Maryland Parole Commission made a specific finding that the individual defendant, parolee, or probationer’s use of cannabis could create a danger to the individual or other persons.

A year and a half after Maryland voters broke the record for the most lopsided win for legalization — over 2/3 — their cannabis laws lag behind many others when it comes to cannabis justice. Over the interim, consider meeting with your Maryland state lawmakers to let them know you expect more of the General Assembly next year.

To learn more about cannabis and workers’ protections, join me at the MLK Library next Wednesday, April 17 at 12:45 p.m. I’ll be moderating a panel at the free National Cannabis Festival Policy Summit.

Karen O'Keefe
Director of State Policies
Marijuana Policy Project

This April, we’re doing a deep dive on the past, present, and future of cannabis policy. Check out our recent post highlighting some of the major historical milestones that paved the way to where we are today. 

Cannabis policy reform has come a long way over the past decade in particular, beginning with Colorado and Washington in 2012. After years of hard fought victories, 24 states have passed laws to legalize cannabis for adults 21 and over, with over half of the country’s population now residing in a legalization state. Furthermore, 38 states have passed laws to legalize medical cannabis. 

This rapid state-by-state reform reflects a dramatic shift in public opinion, with over two-thirds of Americans now in support of legalization. According to a recent Pew Research poll, only one-in-ten Americans still believe that cannabis should be completely prohibited.

Today, legalization policies are providing states with a robust revenue stream to bolster budgets and fund important services and programs. Through the end of 2022, states reported a combined total of more than $15 billion in tax revenue from legal, adult-use cannabis sales. Legalizing and regulating cannabis for adults has also generated tens of thousands of jobs across the country. 

However, at a time when the cannabis policy reform movement has more momentum and popular support than ever – and the legal cannabis industry is booming with billions of dollars in sales – state and federal prohibitionist policies are continuing to ruin lives with their destructive and discriminatory approach that criminalizes cannabis users.

There are still 19 states where possessing a single joint can land you in jail, and approximately 40,000 people are currently behind bars for violating draconian state cannabis laws. According to the Federal Bureau of Investigation’s national crime report, over 225,000 people were arrested for cannabis offenses in 2022, more than those arrested for all other drug offenses combined. 

The federal government still classifies cannabis as a Schedule I drug worthy of the most severe restrictions and criminal consequences. This outdated categorization creates a tangled web of issues — banks are hesitant to work with cannabis businesses due to federal restrictions, hindering economic opportunities, and research into the potential medical benefits of cannabis remains limited.

But despite the roadblocks, there are real glimmers of hope — from President Biden granting a mass pardon for those with federal cannabis possession convictions, to the Department of Health and Human Services issuing an official recommendation to reschedule marijuana.

While we’ve made many positive strides towards a sensible and humane legal cannabis reality, the ongoing war on cannabis demands our unwavering focus as prohibition states double down on enforcing destructive and discriminatory policies. 

Our team is working with allies to move legalization efforts forward in New Hampshire, Pennsylvania, and Louisiana. We are also working with allies to enact medical cannabis-related bills in state legislatures in Kansas, North Carolina, and South Carolina, and are supporting decriminalization measures in several states.

The cannabis reform movement is at a pivotal moment. 

The reality is that there is far more work to be done building our movement if we hope to achieve significant federal cannabis policy reform. Staying informed about legislative efforts and advocating for change at the state and federal levels is crucial. 

To support our ongoing efforts to replace the failed policies of prohibition with equitable and just legalization laws, please sign up for Email Action Alerts and make a contribution to the MPP Cannabis Justice Fund. 

With continued public support and a willingness to address the remaining challenges, the United States will finally see a more sensible and sustainable approach to cannabis policy.

We're sorry to report that Hawaii’s legalization bill has died without being scheduled for a hearing in House Finance. While this is disappointing, legalization got further this year than ever before and we’re not giving up until it crosses the finish line. The bill’s House sponsor, Rep. David Tarnas, is committed to continuing working on the bill and researching the issue in the interim.

2024 is also an election year, so you’ll have an opportunity to elect new lawmakers before legalization is taken up again. (Or even run yourself.)

In the meantime, another crucial bill needs your support. SB 2487, HD 1 has passed the Senate, and a Second Reading vote in the House — after having been improved and passed by the House Judiciary & Hawaiian Affairs Committee. It has one more House floor vote to go before heading back to the Senate. Prosecutors and police are fearmongering to try to defeat even this important but modest reform.

Ask your state representative to vote “yes” on this cannabis justice bill.

As amended in the House Judiciary and Hawaiian Affairs Committee, at the request of MPP and our allies, SB 2487, HD 1 would:

• expand cannabis decriminalization, which now only applies to up to 3 grams of cannabis, to apply to one ounce of cannabis, five grams of concentrates, and products with up to 500 milligrams of THC.
• expand cannabis decriminalization to also include sharing among adults.
• reduce the penalty for possession from $130 to a $25 fine, while keeping the $130 fine for public smoking.
• add a community service alternative to fines.
• reduce the penalty for under two ounces or the equivalent to a petty misdemeanor.
• remove the up to $500 fine for paraphernalia for cannabis storage or use.

SB 2487, HD 1  would ensure folks returning from the mainland with a package of edibles aren’t arrested and incarcerated. It would spare hundreds of people a life-altering criminal conviction for the personal use of cannabis.

Ask your lawmakers to support this vital reform to stop criminalizing cannabis consumers.

 
Turning back to bleaker news, we’re sad to report that HB 1595, the modest limited expungement bill, appears to have died without being scheduled for a hearing in the Senate Ways and Means Committee. A Clean Slate Task force bill, however, is still alive to continue the progress on this essential piece of cannabis justice.

Mahalo for your action on this important issue.

Today, in a 5-2 ruling, the Florida State Supreme Court has allowed the legalization ballot initiative to appear on the November 2024 ballot. The initiative, which needs 60% of votes, is being spearheaded by Smart and Safe Florida.

If approved, it will amend the state constitution and:

• allow adults 21 and older to possess up to one ounce of cannabis flower, five grams of concentrate, and cannabis paraphernalia; 
• allow current medical dispensaries to sell to adult-use customers;
• goes into effect six months after approval; and
• allow the legislature to add more licenses for cultivation and to otherwise pass additional legislation that affects the adult-use market.

The initiative does not include expungement or home grow, which most likely would have caused it to be rejected by the Supreme Court based upon the “single-subject” rule. However, it is the best opportunity to end cannabis prohibition in the Sunshine State.

Though Florida does not report arrest data to the FBI’s Uniform Crime Reporting program, the ACLU, working with the Miami Times, found that over 42,000 Floridians were arrested for misdemeanor (under 20 grams) possession in 2017. Over 50% of those arrested were Black individuals, even though they make up only 17% of the population. Under current law, a person can spend up to a year in prison and be fined up to $1,000 for misdemeanor possession of cannabis. Even without jail time, a criminal record can serve as an economic life sentence, making it hard to get employment and housing.

Cannabis policy in the Sunshine State is now in the hands of you, the Florida voter, to decide in November. You can register to vote here. 

When MPP was founded in January 1995, medical cannabis was illegal in every state, and the prospects for adult-use legalization looked dim at best. 

The way the United States views cannabis has undergone a dramatic shift in recent decades. Once demonized as a dangerous gateway drug, public opinion and legislation are finally catching up to the reality of cannabis use. 

Cannabis wasn't always outlawed. In fact, hemp, a variety of the cannabis plant with low THC (the psychoactive compound), was an important crop throughout American history. However, the 20th century saw a shift — the Marihuana Tax Act of 1937 effectively criminalized cannabis at the federal level, fueled by racism and misinformation.

In the early 1970s, President Richard Nixon appointed a group known as the Shafer Commission to study cannabis and its use and make recommendations. The Commission issued a report on its findings on March 22, 1972, calling for the decriminalization of cannabis possession in the United States, at both the state and federal levels. But the White House ignored it.

Still, the tide began to turn in the mid-20th century with the rise of medical cannabis advocacy. By the 1970s, some states decriminalized possession of small amounts. Public perception also started to change as more people began to recognize the potential medical benefits of cannabis.

The 21st century saw a dramatic shift when Colorado and Washington became the first states to legalize adult-use cannabis for adults in 2012, sparking a domino effect. The public's view on cannabis continues to evolve, with growing support for legalization across all demographics. 

As more states opt to legalize and regulate adult-use cannabis, federal reform efforts are gaining momentum, with promising opportunities ahead for rescheduling cannabis and reforming banking regulations.

By understanding the history and evolution of cannabis policy, we can engage in a more informed discussion about its future.

March is Women's History Month, a time to celebrate the incredible contributions of women throughout history. In the fight for cannabis policy reform, women have played a vital but often overlooked role.

Influential women across the country have been trailblazers through their activism and dedication towards advancing humane cannabis policies. They're working as entrepreneurs, budtenders, cultivators, and policymakers. They're mothers, educators, and patients who believe in the power of this plant.

We have seen women take the helm and begin to redefine what good business practices look like in the cannabis industry as it continues to expand. And yet, gender disparities within the cannabis industry remain evident. According to the 2023 report, “Diversity, Equity & Inclusion in the Cannabis Industry,” women account for only 39% of cannabis executives.

Here at MPP, we recognize that the progress we’ve made so far wouldn’t be possible without the immeasurable contributions and leadership of women. We’ve witnessed firsthand how women in leadership positions can exceed expectations and influence positive change, and understand that legal cannabis can’t reach its full potential without the participation of women at every level. Women bring unique perspectives and experiences to the table, and their leadership is crucial for building a future where cannabis benefits everyone.

This Women's History Month, we honor the women who are working to create a more just and equitable cannabis industry. Join us in celebrating their work this month by:

• Supporting women-owned cannabis businesses — look for dispensaries, brands, and cultivators founded or led by women.
• Amplifying the voices of women in cannabis — share their stories, articles, and social media posts.
• Educate yourself about the women shaping the cannabis industry — read articles, listen to podcasts, and follow women-led cannabis organizations on social media.
• Advocate for policies that promote equity in the cannabis industry — this includes expungement for past marijuana offenses, access to capital for minority entrepreneurs, and diversity in licensing processes.

Let's empower these trailblazers who are building the future of legal weed.From ownership to leadership, women deserve a seat at the table.