State Policy Weekly Update 3/15/2023

State Policy Weekly Update 3/15/2023

Marijuana reform legislation continues to advance in several states. This week’s update highlights legislative developments in Alabama, Delaware, Florida, Illinois, Kansas, Kentucky, Maine, Maryland, Missouri, New Hampshire, Nevada, New Mexico, North Dakota, and Texas. 

LEGALIZATION

Delaware 

Update: HB1  passed out of the House with supermajority support. The bill is next scheduled for a hearing in the Senate Health and Social Services Committee on 3/15/23.​

House Bill 1 removes all penalties for possession of a personal use quantity of cannabis, except for those who are under 21 years of age. Possession of more than a personal use quantity of cannabis and public consumption would remain unclassified misdemeanors. A personal use quantity would be defined as one ounce or less of leaf cannabis, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol (THC).

Send a message to support this effort. 

Update: HB2 also passed out of the House with a supermajority vote. The bill is next scheduled for a hearing in the Senate Health and Social Services Committee on 3/15/23.

House Bill 2, otherwise known as the Delaware Marijuana Control Act, regulates and taxes adult-use sales, promotes equity and inclusion in the legal industry from communities disproportionately impacted by cannabis prohibition, and reinvests a portion of tax revenue into disproportionately impacted communities.

This bill creates guidelines and outlines a process for introducing a legal recreational cannabis market and industry for the citizens of Delaware.

Send a message to support this effort. 

Florida

Senate Bill 1576 legalizes the use of cannabis by adults. It establishes a new state agency, the Division of Cannabis Management, and legalizes possession of up to 2.5 ounces of cannabis for personal use. It also provides for the home cultivation of up to six cannabis plants by individuals in their own private residences.

Send a message to support this effort. 

Maryland 

Update: HB 556 was amended and passed the House. Members of the Senate Finance Committee debated SB 516 on 3/9 but have yet to vote on it.

House Bill 556 and Senate Bill 516 regulate cannabis sales for adults 21 and older by allowing select cannabis businesses to serve both medical patients and adults. The bills create an avenue for on-site consumption licenses where consumers over 21 can purchase and consume cannabis in a social setting. Additionally, the legislation institutes certain parental and personal protections for medical and adult-use consumers.

The bills also increase the amount of cannabis that registered medical patients may possess up to four ounces of flowers, 36 grams of THC-infused products, and up to four plants for home cultivation.

Under state law, patients are not currently allowed to cultivate plants in their homes. 

Send a message in support of this effort

DECRIMINALIZATION

Alabama

Senate Bill 42 revises the criminal code of Alabama by reducing the penalty for marijuana possession to a $200 fine. 

Currently, possession of any amount of cannabis in the state of Alabama is a felony, punishable by incarceration. 

Send a message to support this effort. 

MEDICAL ACCESS

Kansas 

UPDATE: SB 135 is scheduled for a hearing in the Senate Committee on Federal and State Affairs​ on 3/15/23.

Senate Bill 135 allows medical cannabis to be cultivated, distributed, sold, and used in the state of Kansas. Patients without a medical card will be subjected to a $400 fine if they can provide evidence from their physician recommending the use of medical marijuana for a listed qualifying condition.

Send a message to support this effort. 

Kentucky

Update: SB 47 passed the Senate Committee On Licensing And Occupations​ and now heads to the Senate floor, where it is expected to be voted on later this week.

SB47 and HB107 establish a medicinal cannabis access program for authorized patients. Patients will be allowed to have a 30-day supply of cannabis products at their residence and a 10-day supply on their person. The legislation does not allow for inhaled cannabis uptake methods nor does it allow for home cultivation.

Send a message to support this effort. 

New Hampshire 

Update: HB 431 passed the House Health, Human Services, and Elderly Affairs Committee.

HB 431 permits qualifying patients and designated caregivers to cultivate cannabis for therapeutic use. Registered patients would be permitted to grow up to six plants, of which three can be mature. Under existing law, qualified patients must purchase cannabis from retailers; they are not allowed to home cultivate. Recently, New Hampshire’s Therapeutic Cannabis Medical Oversight Board voted to endorse legalizing medical marijuana home cultivation.

Send a message to support this effort. 

North Dakota 

UPDATE: The Senate has amended and passed SB 2068 by a vote of 33 to 14. The House has passed the amended version 77 to 16. The legislation now heads to the Governor’s desk. 

Under current law, registered patients are not permitted to either purchase or possess a supply of THC-infused products totaling more than 4,000 milligrams in any 30-day period. Senate Bill 2068 raises this 30-day cap to 6,000 milligrams.

Send a message to the Governor in support of this effort. 

Texas 

Update: HB 1805 was heard by the House Public Health Committee on 3/13/23. It is pending a vote. 

HB 1805 and its companion bill SB 1747 expand the Compassionate Use Program by adding chronic pain as a qualifying condition and increasing the percentage of allowable THC content by dry weight from 1% to 5%. It also authorizes the Department of State Health Services, rather than lawmakers, to designate new qualifying conditions.

Send a message to support this effort. 

ADDITIONAL

Illinois

UPDATE: HB 1462 was heard by members of the House Judiciary – Criminal Committee on 3/7/23. HB 2632, HB 3846, HB 1101, and HB 1090 were heard by the House Executive Committee on 3/8/23.

Multiple bills are pending to expunge or seal the records of juveniles and adults with minor cannabis convictions.

Send a message to support these efforts. 

Maine 

UPDATE: LD 555 passed the House Committee on Veterans and Legal Affairs. It now heads to the House floor.

Legislature Document 555 amends existing home cultivation limits. Under the measure, adults would be permitted to cultivate up to six mature plants, 12 immature plants, and an unlimited number of seedlings (if the person is 21 or older and has adequate land).

Send a message to support this effort. 

Missouri 

UPDATE: HB 425 is scheduled for a hearing in the House Financial Institutions​ Committee on 3/21/23.

House Bill 425 authorizes financial institutions to provide services to organizations that participate in the marijuana industry. If passed, this bill would allow cannabis businesses in the state of Missouri to transition from cash-only transactions to financial credit services in the banking industry.

Send a message to support this effort. 

New Mexico

UPDATE: HB 314 passed out of the House. It has also passed the Senate Health and Public Affairs Committee. It now heads to the Senate floor. 

House Bill 314 expunges the records of anyone charged with an offense involving low-level possession prior to the adoption of the Cannabis Regulation Act.

Send a message to support this effort. 

Nevada

Assembly Bill 253 legalizes cannabis events, i.e. social use of cannabis in licensed places, and begins the issuance of “Cannabis Event Organizer” licenses. Upon passage, while “public” consumption of cannabis would still be illegal, sanctioned cannabis events in which consumers and patients would be allowed to openly consume cannabis amongst each other would be made legal, providing the event was organized by a licensed “cannabis event organizer” and in compliance with regulations. 

Send a message to support this effort. 

Washington 

Update: SB 5123 was passed by the Senate by a vote of 28 to 21. The bill is now scheduled for hearing in the House Committee on Labor & Workplace Standards on 3/14/23, where it is pending a vote​.

SB5123 prevents the restriction of job opportunities based on an applicant’s past cannabis use. If passed, this bill would make it unlawful for an employer to discriminate against a job applicant solely based on their off-the-clock cannabis use away from the workplace.

Send a message to support this effort. 

BILLS NORML OPPOSES 

Kentucky 

UPDATE: SB 228 passed the Senate. It now heads to the House.

Senate Bill 228 imposes an arbitrary THC/blood limit for drivers of 5ng/ml. NORML opposes such per se limits because the presence of THC in blood is not a consistent predictor of psychomotor impairment.

Send a message to oppose this effort. 

Missouri

UPDATE: HB 295 is scheduled for a hearing in the House Crime Prevention and Public Safety Committee on 3/9/23, where it is pending a vote.

House Bill 295 establishes the new offense of possession of an open container of marijuana in a motor vehicle. Specifically, it penalizes drivers with an open container of marijuana on any public road with a Class A Misdemeanor. A Class A Misdemeanor — Missouri’s most severe misdemeanor classification — has the following potential punishment: up to a year in jail and/or a fine of up to $2000. 

Send a message in opposition to this effort. 

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