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.

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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!

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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.

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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.

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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.

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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.

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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.

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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.

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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. 

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A new poll from widely respected Republican research firm Tarrance Group shows that a majority of likely voters in the United States support legalizing marijuana in all 50 states. The poll, which was conducted among 1,000 likely voters, found that “Majority support exists for marijuana legalization, driven by Democratic and younger voters, as well younger independents and a majority of younger Republicans.”

Support for legalization is highest among younger voters, with 67% of respondents aged 18-44 saying they support it. Support is also high among Democrats, with 67% of respondents saying they support legalization, and nearly half (48%) of Republicans responded in support of legalization.

The poll results suggest that there is a growing bipartisan majority in favor of federal marijuana legalization. This is in line with other recent polls, which have found that support for legalization is at an all-time high.

Although polling indicates that public support for legalization is stronger than ever across ages, political parties, and geographic regions, elected officials in many states have yet to carry out the will of their constituents and enact cannabis reform. More than half of U.S. states have not legalized marijuana for adult-use, and federal prohibition continues.

It’s on us to seize this opportunity and demand that Congress listen to the American people and take long overdue action to end the war on cannabis.

Our team at MPP has a proven track record of getting results, and we won’t let up in our fight to replace the failed approach of prohibition with sensible and equitable cannabis laws that work for ALL Americans. Help us keep vital cannabis reform priorities on track by contributing to our advocacy efforts today!

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