The year 2021 started with varying degrees of legalization for unrestricted-THC content cannabis in 34 states, or over half of U.S. states, and continued federal prohibition except for low-THC hemp. Several states considered candidates for 2021 legislation to legalize cannabis for adult use included Connecticut, New Mexico, New York, Pennsylvania, Rhode Island, Texas, and Virginia,[1] some of which like New York had already decriminalized. At the federal level, the Democratic Party's majority in both houses of the 117th United States Congress was cited by Politico as a likely precondition for federal legalization in 2021, with the SAFE Banking Act likely to pass.[2]
Legislation and initiatives introduced in 2020 for 2021 sessions
Maryland legalization HB0032 was introduced by Jazz Lewis in December 2020 for the 2021 legislative session.[3]
A Missouri legalization bill was pre-filed in December 2020 by Republican state legislator Shamed Dogan.[4]
A "justice roadmap" published by New York state Republican lawmakers in late December 2020 included legalization.[5]
Two Texas legalization bills were introduced in November 2020: SB 140 by Senator Roland Gutierrez, and HB 447 by Representative Joe Moody.[6]
Legislation passed in 2020 pending governor's action in 2021
NJ A21 (20R), a legalization and regulation bill, and NJ A1897 (20R), decriminalization, were sent to the governor on December 17. New Jersey governor Phil Murphy said he would conditionally veto the bills if language on underage possession was not reconciled by January 30.[7]
On January 29, Alabama SB46, the Alabama Compassion Act for legalization of (non-smokeable) medical cannabis, was reintroduced by state senator Tim Melson (R), who is also a physician.[8][9] The bill was passed by the Alabama Senate on February 24, and by the House on May 6.[10][11] It was signed into law by the governor on May 17.[12]
On February 4, Connecticut House Bill 6377 – co-written by committee chairs representative Robyn Porter and senator Julie Kushner – was introduced in the Labor and Public Employees Committee, to allow home cultivation and establish a state Cannabis Control Commission.[13][14][15] The bill was advanced by the House Labor and Public Employees Committee on March 25.[16]
SB888
Bill
February 11, 2021
Legalization
Senate Bill 888, introduced at the governor's request and referred to the Joint Judiciary Committee on February 11, would legalize cannabis.[17][18] It was tabled for the Senate calendar on June 1.[19]
SB 1118
Bill
June 5, 2021
Legalization
Approved by the Senate on June 8.[20] The regular session ended on June 9 without a house vote.[21]
SB 1201
Law
June 15, 2021
Legalization
Introduced during the special session, and passed by state senate on the first day, June 15.[22] It was amended and passed by the house the next day,[23] and the amended bill was approved by the senate on June 17.[24] The state held a ceremony on June 22 in which the bill received the governor's ratification and became law.[25]
Delaware
HB150
Bill
March 18, 2021
Legalization
Announced by Rep. Edward Osienski on February 13 and introduced as HB150, Delaware Marijuana Control Act, on March 18.[26][27] Osienski was sponsor of Delaware HB110 in prior session.[28]
Florida
HB 343 and SB 710
Bills
January 21, 2021
Legalization
On January 21, Florida HB 343 and SB 710, corresponding legalization bills, were announced by their sponsors Representative Carlos Guillermo Smith (D) and Senator Jeff Brandes (R).[29]
Up to 30 dispensaries may operate beginning July 1, 2021.[31]
Hawaii
SB767
Bill
January 11, 2021
Legalization
On January 11, Hawaii SB767 was introduced to legalize cannabis for adult personal use, possession, and sale. It was advanced by the Senate Committee on Public Safety, Intergovernmental and Military Affairs on February 16, along with a bill raising existing limits for possession under state decriminalization.[32][33] On March 3, it was advanced by the Judiciary Committee for a Senate floor vote.[34] On March 9, the senate passed the bill.[35]
On January 20, Idaho SB1017 was introduced to raise the allowable THC level in legal cannabidiol (CBD) products from 0%[36] to 0.1% THC.[37] The bill was signed into law on February 26, 2021. Effective July 1, 2021.
Idaho Medical Marijuana Act
Initiative
February 11, 2021
Medical
On February 11, the Idaho Secretary of State approved the Idaho Medical Marijuana Act initiative for signature collection.[38]
Personal Adult Marijuana Decriminalization Act
Initiative
July 9, 2021
Decriminalization
Decriminalizes up to three ounces of cannabis legally purchased (outside of Idaho).[39]
Pre-filed for 2022 session by representatives Sue Errington and Chris Campbell. Establishes Cannabis Compliance Commission and Cannabis Compliance Advisory Committee.[42][41]
Iowa
SF406
Bill
February 18, 2021
Legalization
Introduced on February 18 by Senator Joe Bolkcom and others, the legislation filed under Senate File 406 would legalize cannabis for 21-and-over adults, and provide for taxation and regulation by Iowa Alcoholic Beverages Division.[43][44]
Kansas
Bill
January 28, 2021
Medical
On January 28, Kansas Senate Bill 92 was introduced by the Senate Commerce Committee. It would establish the Kansas medical cannabis agency within the Kansas Department of Health and Environment and permit prescription and use of medical cannabis.[45] On May 6 the bill cleared the house in a 79–42 vote and moved to the senate.[46]
Kentucky
HB 136
Bill
January 8, 2021
Medical
On January 8, Kentucky state representative Jason Nemes (R) introduced House Bill 136, legislation that would legalize medical cannabis in the state.[47]
"The first legalization instrument to reach the full [Louisiana] House for debate" was tabled following 47–48 vote May 18 on a related cannabis tax bill.[50]
HB 652
Law
April 2, 2021
Decriminalization
A bill to remove jail time and limit fines for possession passed the house on May 11.[51] On June 7, it was approved by a Senate floor vote, and the state governor signed it into law on June 15.[52][53]
HB391
Law
April 1, 2021
Medical (expansion)
Allows prescription of smokable form. Passed by Senate on May 27, with technical amendments, following House passage.[54] The House acceded to the amendments on June 1, making the bill eligible to be signed into law by the state governor.[55][56][57]
Maryland
HB32 and SB708
Bills
February 5, 2021
Legalization
Maryland legalization bills HB32 and SB708 were introduced by the first week of February.[58] They differ in the amount of cannabis that can be legally possessed – two ounces in the house bill, four ounces in the senate bill, sponsored by Senate President Bill Ferguson.[59]
HB 1 (2022)
Referendum
December 26, 2021 (bill prefiled)
Legalization
On July 16, the speaker of the state House of Delegates, Adrienne A. Jones, created a committee to draft a referendum on legalization to place before voters in 2022.[60] Around December 25, the chairman of the state House Cannabis Referendum and Legalization Workgroup, Luke Clippinger, pre-filed House Bill 1 for the 2022 session, to initiate the citizen referendum in 2022 that would create a constitutional amendment to legalize cannabis.[61]
On February 1, Minnesota House Majority Leader Ryan Winkler (DFL) and Speaker of the House Melissa Hortman (DFL) introduced legalization bill HF 600.[62][63] The bill was passed the House of Representatives on May 13.[64]
HF2128 (omnibus)
Law
February 8, 2021 (as HF907)
Medical (expansion)
Approved by House and Senate.[65] Signed into law by governor May 25.[66][67]
Missouri
Missouri Marijuana Legalization and Automatic Expungement Initiative
Initiative
March 3, 2020
Legalization
Qualified for signature gathering on May 5, 2021.[68]
Amends and implements 2020 Montana Initiative 190; signed into law May 19.[70][71] Taxed and regulated adult use cannabis sales may begin on January 1, 2022.[72]
Nebraska
LR2CA
Constitutional amendment
January 6, 2021
Legalization
On January 6, Nebraska state senator Justin Wayne (D) proposed LR2CA, a constitutional amendment to legalize adult use of cannabis.[73]
LB 474
Bill
Medical
The legislature is scheduled debate the bill on May 12.[74]
Nevada
AB341
Law
March 19, 2021
Legalizes public cannabis consumption lounges for adults not earlier than October 1, 2021.[75]
Clean-up bill S3454 was introduced on February 11 after the governor's veto threat and signed into law by the state governor later the same day, along with the earlier legislation on decriminalization and legalization.[79][80]
On February 1, two New Mexico legalization bills were introduced by Senator Cliff Pirtle (R) and by Senator Daniel Ivey-Soto (D),[81] As of February 13, five different bills had been introduced in the legislature, including HB 12 and HB 17 under consideration by the House Health and Human Services Committee.[82]
HB 12
Law
February 2, 2021
Legalization
On February 2, New Mexico HB 12, the "Cannabis Regulation Act", was introduced by state representative Javier Martinez (D), with provisions for legalization and regulated sales, and expungement.[83] The House Health and Human Services Committee advanced a substitute HB 12 on February 15,[84][85] and the Taxation & Revenue Committee (chaired by Martinez) advanced the bill on February 24 for a vote on the House floor.[86] On February 26, the House approved the bill 39–31.[87] On March 17, the Senate Judiciary Committee advanced it for a floor vote.[88] On March 26, the state governor called a special session to get a Senate vote on the bill;[89] the House and Senate passed the bill on March 31, and it was signed into law by Governor Lujan Grisham on April 12.[90][91][92]
The revenue bills embodying Governor Andrew Cuomo's budget proposal, A3009 and S2509, contain the Cannabis Regulation and Taxation Act, which would create the Office of Cannabis Management (OCM), a licensing regime with social equity provisions, and would legalize cannabis for adult use.[95]
Would allow cannabis prescriptions for cancer, epilepsy, glaucoma, PTSD, sickle cell anemia, HIV/AIDS, Crohn's disease, Parkinson's disease, ALS or Lou Gehrig's disease, multiple sclerosis, wasting syndrome, severe nausea and "other debilitating medical conditions of the same kind or class". Passed Senate committee on June 30.[98]
North Dakota
HB 1420
Bill
January 21, 2021
Legalization
On January 21, North Dakota HB 1420 was introduced – a legalization and regulation bill for adult use and sponsored by Jason Dockter (R) and co-sponsored by several other Republicans.[99][100] It was advanced by the Human Services Committee on February 17.[101] The House passed the bill on February 23.[102]
North Dakota Legalize Marijuana and Allow Home Growth Initiative
Initiative
January 22, 2021
Legalization
On January 22, the North Dakota Secretary of State approved signature gathering on an initiated constitutional amendment to legalize cannabis, the North Dakota Legalize Marijuana and Allow Home Growth Initiative, which could appear on the November 2022 ballot.[103]
Ohio
Bill
July 15, 2021
Legalization
Allows adults to possess up to five ounces of cannabis.[104]
Over 200,000 signatures submitted to state on December 20.[105] On January 3, 2022, the initiative petition was found to have not met the threshold of valid signatures.[106]
Does not require any specific conditions. Passed by Senate on December 15.[110]
Pennsylvania
Senate Bill 473
Bill
February 24, 2021
Legalization
Sponsored by Senator Dan Laughlin (R): adult use legalization, expungement, regulation under Pennsylvania Cannabis Regulatory Control Board, and replace Department of Health's Medical Marijuana Program.[111] Referred to Law and Justice committee on October 18.[112]
Unnamed
Bill
Legalization
Announced by Representative Wheatley and Representative Frankel on June 21[113]
House Bill 1024
Law
Medical (expansion)
Signed by state governor on June 30. "[P]rotects patient safety standards and product quality of Pennsylvania's medical marijuana program while empowering the Medical Marijuana Advisory Board to continue to consider new medical conditions for eligibility".[114] Allows curbside pick-up and allows dispensing three month supply of product.[115]
Bill introduced by state Senate Majority Leader Michael McCaffrey and state senator Joshua Miller. Allows sales by April 2022 and regulation under new Rhode Island Cannabis Control Commission.[117] On June 14, the bill was approved by the Senate Judiciary Committee. It was the first time a legalization measure was cleared for a floor vote in either chamber of the Rhode Island legislature.[118] The bill was passed by the senate in a 29–9 vote on June 22.[119]
The South Carolina Compassionate Care Act (H. 3361 / S. 150) was filed on January 12.[121] Primary sponsors were Rep. Bill Herbkersman and Sen. Tom Davis, both Republicans. The 2021 legislative session ended in May without a vote on the act.[122]
South Dakota
Adult use act
Bill
October 18, 2021
Legalization
Introduced by Republican representative Hugh Bartels; draft 62 cleared Adult-Use Marijuana Study Subcommittee on October 18[123][124][125]
Passed the house on April 30 in an 88–40 vote.[132][133]
HB 1535
Law
March 8, 2021
Medical
Adds qualifying conditions including PTSD, and raises THC limit.[134] The house passed the bill in a 134–12 vote on April 29;[135] the Senate passed the bill on May 25;[136] and on June 15, the state governor signed the bill.[137]
The bill passed by the State Assembly on February 27 will allow the first legal retail sales on January 1, 2024.[139] Governor Ralph Northam amended the bill to authorize legalization for July 2021.[140]
Washington
HB 1019
Bill
January 22, 2021
Home grow
On January 22, Washington HB 1019, allowing home grown cannabis for non-medical use, was advanced by the House Commerce and Gaming Committee.[141][142]
Wisconsin
AB68
Bill
February 16, 2021
Legalization
2021–2023 biennial budget proposal by state governor Tony Evers (bill AB68) included legalization.[143][144] Permitting would be provided by Department of Agriculture, Trade and Consumer Protection or by Department of Revenue.[145]
Bill
August 10, 2021
Legalization
Adult-use legalization, taxation, and regulation bill introduced by state senator Melissa Agard on August 10.[146]
An act "To prohibit the Secretary of Veterans Affairs from denying a veteran benefits administered by the Secretary by reason of the veteran participating in a State-approved marijuana program, and for other purposes" was introduced by Greg Steube on January 21.[155]
Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act
Bill
May 12, 2021
Descheduling
Introduced on May 11, sponsored by Representatives David Joyce (R) and Don Young (R).[167] It would legalize any form of cannabis nationally by removing it from scheduling under the Controlled Substances Act.[168]
Announced by sponsors on June 15, to be filed on 50th anniversary of the inception of the War on Drugs by President Nixon. Decriminalizes all drugs, and moves classification of drugs from Justice to HHS.[171]
FY22 Financial Services and General Government appropriations bill
May contain protections for state medical cannabis programs and other limits on federal prohibition, funding for CBD regulation.[176] May contain Blumenauer-Mcclintock-Norton-Lee amendment recognizing state adult use laws, taking away funding for federal law enforcement activities against them for the lifetime of the appropriations.[177][178]
Language of the SAFE Banking Act added by amendment on September 21.[179][180] Language of Veterans Medical Marijuana Safe Harbor Act added by Sen. Schatz on November 4.[163] Language concerning both cannabis provisions was ultimately dropped from the bill sent to the Senate in December.[181]
H.R. 5977
States Reform Act
Bill
November 15, 2021
Legalization and expungement
Descheduling from Controlled Substances Act; 3% taxation and regulation by Department of the Treasury; and automatic expungement of past federal cannabis offenses. Introduced by Rep. Nancy Mace and five Republican cosponsors.[182][183][184]
On November 10, a group of senators led by Elizabeth Warren wrote a letter to President Biden requesting him to issue pardons for individuals convicted of nonviolent cannabis crimes, referencing his campaign promise to "zero out" such convictions.[187]
^Jack Suntrup (July 19, 2021). "Competing marijuana legalization questions in the works as some Missouri activists slam system". St. Louis Times-Dispatch.
^Dan Mitchell (January 27, 2021). "In the Weeds". East Bay Express. Oakland, California. Archived from the original on January 27, 2021. Retrieved January 27, 2021.
^Lexi Lonas (November 10, 2021). "Warren presses Biden on pardons for nonviolent cannabis convictions". The Hill.
Further reading
Charlotte Morabito; Jeff Morganteen (January 6, 2021). The future of marijuana legalization in the United States(streaming video). CNBC.: "how public sentiment surrounding marijuana has shifted in the United States and where the law may be headed from here"