Tag: legalization

States 2.0 Act may Clarify State, Federal Pot Rules

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In light of the widespread nullification of federal marijuana prohibition, the rising public support for legalization, and the potential excise revenues, policymakers are compelled to seriously consider significant reforms to federal marijuana policy. Last December, members of Congress introduced the STATES 2.0 Act, which would remove marijuana from the Controlled Substances Act, federally legalize its sale and use, and allow for interstate commerce.
A defederalized marijuana prohibition policy would allow states to decide for themselves whether cannabis would be legal within their borders—which they have already been doing for decades—and how that legal cannabis market would be taxed, writes the Tax Foundation.
What legal markets already exist are burdened by federal prohibition and punitive taxation, which keeps prices substantially higher than illicit markets. Bolstering black markets is a common unintended consequence of prohibition, and marijuana has been no different—even with existing state legalization. Revisions to federal cannabis policies, such as those in the STATES 2.0 Act, would give much-needed reform to a market struggling with a messy policy landscape.
Regulating Cannabis Markets
Instead of enforcing marijuana prohibition through the Drug Enforcement Administration, the STATES 2.0 ACT would rely on the Food and Drug Administration to regulate marijuana products permissible in US markets and the Alcohol and Tobacco Tax and Trade Bureau (TTB) to track products and collect taxes. Federal and state law enforcement would be able to shift focus and budgets away from petty offenses for marijuana possession toward removing more dangerous substances from illicit markets and preventing violent and property crimes.
The recent failings of the FDA to properly facilitate a legal vaping market may call into question its ability to do the same for cannabis, and there are more efficient ways to ensure product safety. However, the STATES 2.0 Act specifies that no premarket approval would be required, which would preclude the type of disaster inflicted on the vaping market.
Allowing legitimate businesses to manufacture and sell cannabis products, as well as allowing banks to do business with a legal cannabis industry, would do much to enable a safe, legal market to undercut the existing black markets dominated by cartels.
The STATES 2.0 Act would allow interstate commerce in cannabis and cannabis products when traveling between states that have provided for legalized cannabis within their borders, even if passing through states that have chosen to keep marijuana illegal.
TTB would be responsible for administering a national track-and-trace system. Similar track-and-trace systems are already in place within states that have legalized recreational marijuana, allowing states to track marijuana plants from seed to consumer sale.
A federal system administered by TTB could incorporate existing state systems into a national database. TTB would also enforce consistent and timely tax collections.
August 9, 2024
South Dakota to Vote on Legal Weed for 3rd Time
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South Dakota voters will once again decide whether to legalize recreational marijuana. This is the third time they have weighed in on the question.
On Monday, Secretary of State Monae Johnson’s office validated a measure for the November general election ballot. In 2020, voters passed a measure that was ultimately struck down in court, according to media reports. In 2022, voters defeated another attempt.
Twenty-four states have legalized recreational marijuana. Ohio voters most recently did so in November 2023. Florida voters will also vote on the issue this fall. Other efforts are ongoing in additional states, including North Dakota.
The South Dakota measure would legalize recreational marijuana for people 21 and older. The proposal has possession limits of 2 ounces of marijuana in a form other than concentrated cannabis or cannabis products. The measure also allows the cultivation of plants with restrictions.
If successful, measure backers plan to work with the Legislature to implement business licensing, tax, and other regulations.
June 5, 2024
U.S. DEA Asks White House to Reclassify Marijuana
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The U.S. Drug Enforcement Administration plans to reclassify marijuana as a less dangerous drug, which could have far-reaching implications for American drug policy.
The proposed measure, which is yet to be reviewed by the White House Office of Management and Budget, aims to acknowledge the medical benefits of using cannabis and recognize the fact that it is less prone to abuse in comparison to some of the most dangerous drugs in the country and reclassify cannabis as a Schedule III drug.
However, it does not seek to legalize marijuana for recreational purposes.
Five people familiar with the matter who spoke on the condition of anonymity to discuss the sensitive regulatory review confirmed the agency’s move to the AP on Tuesday. The move clears the last significant regulatory hurdle before the agency’s biggest policy change in more than 50 years can take effect.
According to the DEA, the following are examples of Schedule I drugs:

Heroin
Lysergic acid diethylamide (LSD)
Cannabis
Methamphetamine
Methaqualone (Quaalude)
Peyote
According to the National Institute for Health, California became the first State to make it illegal to possess cannabis. In the 1930s, the then U.S. Federal Bureau of Narcotics warned of the increasing abuse of cannabis, and by 1937, 23 States had criminalized possession.
By 1970, the Controlled Substances Act passed, and the Federal government categorized marijuana as a Schedule I substance.
The planned DEA rule change followed an August 2023 recommendation from the Department of Health and Human Services (HHS) that DEA reschedule marijuana from Schedule I to Schedule III. Any change to the status of marijuana via the DEA rulemaking process would not take effect immediately.
May 2, 2024
Ohio Votes to Legalize Recreational Marijuana Sales

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Ohio is the 24th U.S. state to allow adult marijuana use for non-medical purposes. Voters in the state approved a measure legalizing recreational marijuana on Tuesday, defying Republican legislative leaders who had failed to pass the proposed law.
“Marijuana is no longer a controversial issue,” said Tom Haren, spokesman for the Coalition to Regulate Marijuana Like Alcohol. “Ohioans demonstrated this by passing State Issue 2 in a landslide. Ohioans are being extremely clear on the future they want for our state: adult-use marijuana legal and regulated.”
The new law will allow adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home. A 10 percent tax will be imposed on purchases, to be spent on administrative costs, addiction treatment, municipalities with dispensaries and social equity and jobs programs supporting the industry itself.
The election’s outcome represents a blow to GOP lawmakers, Republican Gov. Mike DeWine and business and manufacturing organizations concerned about its impact on workplace and traffic safety, according to the AP.
But as a citizen-initiated statute, the law is subject to change. Republicans who remain opposed to it in the Legislature are free to make tweaks to the law — or even repeal it, though the political stakes are higher now that the voters have approved it.
LeafLink, a large wholesale cannabis marketplace, commended Ohio residents on approving Issue 2 and urged lawmakers to promptly enact the law as passed.
“This vote presents a tremendous opportunity for the state where legal adult-use sales are projected to exceed $1 billion annually,” Policy Director Rodney Holcombe said in a statement. “This move puts Ohio in league with 23 other states that have taken this significant stride forward. We have witnessed firsthand the positive impact of legalized cannabis, including job creation, tax revenue for vital government services and unique business opportunities for entrepreneurs.”
November 8, 2023
Study: Legal Marijuana States See Lower Tobacco Use

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While some public health experts have expressed concerns that the legalization of marijuana could fuel a rise in the use of tobacco products, a new study instead concludes that state-level cannabis reforms are mostly associated with “small, occasionally significant longer-run declines in adult tobacco use.”
Researchers did find “consistent evidence” that the adoption of state recreational marijuana laws (RMLs) led to a slight uptick in cannabis use among adults—of between about two and four percentage points, depending on the data source—but tobacco didn’t follow that trend.
If the apparent substitution effect from cigarettes to marijuana that’s being driven by legalization were extended nationally, it could result in healthcare cost savings worth more than $10 billion per year, the study concluded, reports Marijuana Moment.
“We find little empirical support for the hypothesis that RMLs increase the net consumption of tobacco, as measured across a wide range of combustible tobacco products as well as [e-cigarettes],” they wrote. “Rather, the preponderance of evidence points to small, occasionally significant longer-run declines in adult tobacco use.”
Authors at Bentley, San Diego State and Georgia State universities published the findings in the Journal of Health Economics last month, calling the report “the first to comprehensively examine the impact of recreational marijuana legalization on tobacco use.” The study draws on federal data from the Population Assessment of Tobacco and Health (PATH) and the National Survey on Drug Use and Health (NSDUH).
At a time of surging public support for cannabis legalization, the researchers write, “public health experts have taken a more cautious approach, urging more research to assess the health benefits and costs of marijuana use, as well as to understand potentially unintended consequences on other health behaviors.” Some have raised concerns that reform could lead to the “renormalization” of smoking, potentially reversing nearly half a century of declining cigarette use.
May 19, 2023
Biden Signs First Federal Standalone Marijuana Bill
President Joe Biden officially signed the first piece of standalone federal cannabis reform Friday. The U.S. president signed a marijuana research bill into law that cleared the House in July and the Senate last month.
The act is aimed at providing federal support to facilitate research of cannabis and its potential health benefits. The law gives the U.S. attorney general 60 days to either approve a given application or request supplemental information from the marijuana research applicant.
The Marijuana and Cannabidiol Research Expansion Act also creates a more efficient pathway for researchers who request larger quantities of cannabis.
The act does three things:
Provides a mechanism for the scientific study of cannabidiol and cannabis for medical purposes;
Arranges a pathway for the FDA to approve the commercial production of drugs containing or derived from cannabis; and
Protects doctors who may now discuss the harms and benefits of using cannabis and cannabis derivatives.
The president remains opposed to federal cannabis legalization, but he campaigned on a number of more modest marijuana reforms, including promoting research, decriminalization and rescheduling cannabis under the Controlled Substances Act (CSA), according to the National Law Review.
Biden also issued a mass pardon for Americans who’ve committed federal marijuana possession cases in October and directed an administrative review into cannabis scheduling. The White House recently listed those actions among the “top accomplishments” for the president.
December 5, 2022
New Senate Bill Would Create Marijuana Commission

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For the 10th anniversary of Colorado voters approving marijuana legalization, Sen. John Hickenlooper said that he intends to file a congressional bill to prepare the United States for federal cannabis reform.
Specifically, the Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act would direct the attorney general to create a commission charged with making recommendations on a regulatory system for marijuana that models what’s currently in place for alcohol, according to Marijuana Moments.
The measure is identical to a House companion bill that Reps. Dave Joyce, Hakeem Jeffries and Brian Mast filed in April. Hickenlooper’s staff told Marijuana Moment that the Senate version will be formally introduced when the chamber returns from recess in mid-November.
The senator sees the commission that would be created by the legislation as similar to a task force he empaneled when he was Colorado’s governor to steer implementation of legalization at the state level.
November 4, 2022
U.S. Senate Introduces Marijuana Legalization Bill
Leaders in the U.S. Thursday Senate introduced sweeping legislation that would end federal prohibitions on marijuana more than 50 years after Congress made the drug illegal.
Senate Majority Leader Chuck Schumer’s Cannabis Administration and Opportunity Act (CAOA) would decriminalize weed on the federal level and allow states to set their own marijuana laws without fear of punishment from Washington, according to media reports.
Just over a year after first unveiling a draft version of the cannabis reform legislation, Senate Majority Leader Chuck Schumer, Senate Finance Committee Chairman Ron Wyden and Sen. Cory Booker formally filed the CAOA. The legislation is expected to shape the conversation around cannabis legalization going forward and portions of it are likely to find their way into other bills that could pass before the end of the year, according to Marijuana Moment.
The legislation includes both Democratic and Republican priorities: It expunges federal cannabis-related records and creates funding for law enforcement departments to fight illegal cannabis cultivation. It also establishes grant programs for small business owners entering the industry who are from communities disproportionately hurt by past drug laws, requires the Department of Transportation to research and develop a nationwide standard for marijuana-impaired driving, and restricts the marketing of cannabis to minors.
While marijuana legalization has spread rapidly across the U.S. over the past decade, Capitol Hill has not transitioned as quickly. Nineteen states now allow anyone at least 21 years old to possess and use the drug, and 37 states have established medical marijuana programs. National polls have consistently shown that roughly two-thirds of Americans back marijuana legalization, and support is even higher among younger voters.
The U.S. House of Representatives has twice passed its own sweeping marijuana legalization package, known as the Marijuana Opportunity, Reinvestment and Expungement Act. That legislation does not include much of the regulatory structure that’s part of the Senate bill, and also has a different tax rate.
And even if a bill were somehow to pass, it is unclear if President Joe Biden would sign it. He has repeatedly said he does not support federal weed legalization.
July 22, 2022
Thailand: Decriminalized Cannabis to Begin Thursday
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Thailand’s Courts of Justice announced that suspects and prisoners on charges related to cannabis use and possession would be freed after cannabis and hemp are removed from the Public Health Ministry’s Category 5 drug list beginning June 9.
The cultivation and smoking of recreational marijuana, even for personal use, will still not be legalized, according to The Haiger.
On Saturday, spokesperson of the Courts of Justice, Sorrawit Limparangsi, confirmed that all suspects and prisoners charged with production, import, export, distribution, use and possession of cannabis even before June 9 would be released.
The Ministry of Public Health is working to decriminalise the use and possession of cannabis in Thailand in a bid to develop medical tourism and the economy in Thailand. Starting Thursday, people are allowed to grow cannabis at home for medical use without asking for government permission. The only requirement, those said people have to download an app called Plook Ganja and register.
Every part of cannabis and hemp, including leaves, stems, fibers, branches, seeds, inflorescences, and roots, can be legally used at home for medical purposes if the amount of THC, tetrahydrocannabinol, or CBD, cannabidiol, is less than 0.2%. That means you are not legally allowed to get high in Thailand, for now anyway.
Smoking cannabis is considered a public nuisance. People can file a complaint against cannabis smokers and those users face a 3-month jail sentence and a fine of up to 25,000 baht if they are found guilty of a public nuisance charge.
The Public Health Ministry says this would help prevent the recreational use and other abuses of cannabis that are currently in conflict with existing Thai laws.
June 7, 2022
Rhode Island Becomes 19th State to Legalize Cannabis

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Rhode Island is now the 19th state to have legalized cannabis. The new law will give courts until July 1, 2024, to automatically expunge past convictions, and those who want their expungement sooner may request it.
Governor Dan McKee yesterday signed into law the Rhode Island Cannabis Act, legalizing and safely regulating recreational adult-use cannabis in the state, according to McKee’s office. The Act includes automatic expungement of prior civil or criminal marijuana possession charges, a key provision in the Governor’s original cannabis proposal to the General Assembly.
Under the new law, possession and home-growing of cannabis is now legal for adults age 21 and older, and in-store sales may begin as soon as December 1. The law also establishes a framework for common-sense adult use cannabis regulation with a strong emphasis on public health and public safety.
“This bill successfully incorporates our priorities of making sure cannabis legalization is equitable, controlled, and safe,” said Governor McKee. “In addition, it creates a process for the automatic expungement of past cannabis convictions. My Administration’s original legalization plan also included such a provision and I am thrilled that the Assembly recognized the importance of this particular issue. The end result is a win for our state both socially and economically.”
The legislation calls for a 20 percent tax rate, split up into the 7 percent sales tax, a new 10 percent cannabis tax, and a 3 percent tax by the municipality where the marijuana is sold. In addition, the legislation makes numerous investments in the creation of an equitable, accessible cannabis retail market through the set-aside of certain application fee revenues and the reservation of a portion of new licenses for social equity applicants and worker-owned cooperatives.
May 26, 2022