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.

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.