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]
| State | Title | Type | Date introduced | Short description | Detail |
|---|---|---|---|---|---|
| Alabama | SB46 | Law | Medical | 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. The bill was passed by the Alabama Senate on February 24, and by the House on May 6.[7] It was signed into law by the governor on May 17. | |
| Connecticut | HB 6377 | Bill | Legalization | 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.[8] [9] The bill was advanced by the House Labor and Public Employees Committee on March 25.[10] | |
| SB888 | Bill | Legalization | Senate Bill 888, introduced at the governor's request and referred to the Joint Judiciary Committee on February 11, would legalize cannabis.[11] [12] It was tabled for the Senate calendar on June 1.[13] | ||
| SB 1118 | Bill | Legalization | Approved by the Senate on June 8.[14] The regular session ended on June 9 without a house vote.[15] | ||
| SB 1201 | Law | Legalization | Introduced during the special session, and passed by state senate on the first day, June 15. It was amended and passed by the house the next day,[16] and the amended bill was approved by the senate on June 17.[17] The state held a ceremony on June 22 in which the bill received the governor's ratification and became law.[18] | ||
| Delaware | HB150 | Bill | Legalization | Announced by Rep. Edward Osienski on February 13 and introduced as HB150, Delaware Marijuana Control Act, on March 18.[19] [20] Osienski was sponsor of Delaware HB110 in prior session.[21] | |
| Florida | HB 343 and SB 710 | Bills | 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).[22] | |
| House Bill 1215 | Bill | Decriminalization | [23] | ||
| Georgia | SB195 | Law | Medical | Up to 30 dispensaries may operate beginning July 1, 2021.[24] | |
| Hawaii | SB767 | Bill | 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.[25] [26] On March 3, it was advanced by the Judiciary Committee for a Senate floor vote.[27] On March 9, the senate passed the bill.[28] | |
| Idaho | SB1017 | Law | Adjusts Legal CBD | On January 20, Idaho SB1017 was introduced to raise the allowable THC level in legal cannabidiol (CBD) products from 0% to 0.1% THC.[29] The bill was signed into law on February 26, 2021. Effective July 1, 2021. | |
| Initiative | Medical | On February 11, the Idaho Secretary of State approved the Idaho Medical Marijuana Act initiative for signature collection.[30] | |||
| Personal Adult Marijuana Decriminalization Act | Initiative | Decriminalization | Decriminalizes up to three ounces of cannabis legally purchased (outside of Idaho).[31] | ||
| Indiana | HB1028 | Bills | Decriminalization | [32] | |
| HB1070 | Bill | Decriminalization | Pre-filed for 2022 session[33] | ||
| HB1049 | Bill | Regulation | Pre-filed for 2022 session by representatives Sue Errington and Chris Campbell. Establishes Cannabis Compliance Commission and Cannabis Compliance Advisory Committee.[34] | ||
| Iowa | SF406 | Bill | 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.[35] [36] | |
| Kansas | Bill | 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.[37] On May 6 the bill cleared the house in a 79–42 vote and moved to the senate.[38] | ||
| Kentucky | HB 136 | Bill | Medical | On January 8, Kentucky state representative Jason Nemes (R) introduced House Bill 136, legislation that would legalize medical cannabis in the state.[39] | |
| HB467 | Bill | Legalization | [40] | ||
| Bill | Legalization | Pre-filed by Rep. Nima Kulkarni[41] | |||
| Louisiana | HB 699 | Bill | (as HB524) | Legalization | "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. |
| HB 652 | Law | Decriminalization | A bill to remove jail time and limit fines for possession passed the house on May 11.[42] On June 7, it was approved by a Senate floor vote, and the state governor signed it into law on June 15.[43] [44] | ||
| HB391 | Law | Medical (expansion) | Allows prescription of smokable form. Passed by Senate on May 27, with technical amendments, following House passage. The House acceded to the amendments on June 1, making the bill eligible to be signed into law by the state governor.[45] [46] [47] | ||
| Maryland | HB32 and SB708 | Bills | Legalization | Maryland legalization bills HB32 and SB708 were introduced by the first week of February.[48] 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.[49] | |
| HB 1 (2022) | Referendum | (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.[50] 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.[51] | |
| Minnesota | HF 600 | Bill | Legalization | On February 1, Minnesota House Majority Leader Ryan Winkler (DFL) and Speaker of the House Melissa Hortman (DFL) introduced legalization bill HF 600.[52] [53] The bill was passed the House of Representatives on May 13.[54] | |
| HF2128 (omnibus) | Law | (as HF907) | Medical (expansion) | Approved by House and Senate.[55] Signed into law by governor May 25.[56] | |
| Missouri | Missouri Marijuana Legalization and Automatic Expungement Initiative | Initiative | Legalization | Qualified for signature gathering on May 5, 2021.[57] | |
| Fair Access Missouri initiatives | Initiative | Circa July 16 | Legalization | Filed with Secretary of State circa July 16[58] | |
| Montana | HB701 | Law | Legalization | Amends and implements 2020 Montana Initiative 190; signed into law May 19.[59] [60] Taxed and regulated adult use cannabis sales may begin on January 1, 2022. | |
| Nebraska | LR2CA | Constitutional amendment | Legalization | On January 6, Nebraska state senator Justin Wayne (D) proposed LR2CA, a constitutional amendment to legalize adult use of cannabis.[61] | |
| LB 474 | Bill | Medical | The legislature is scheduled debate the bill on May 12.[62] | ||
| Nevada | AB341 | Law | Legalizes public cannabis consumption lounges for adults not earlier than October 1, 2021.[63] | ||
| New Jersey | A5342 S3454 | Law | Legalization | On January 29, New Jersey A5342 was introduced in committee to address underage penalties in the legalization and decriminalization bills passed in 2020, which had led to threat of veto (see
| |
| New Mexico | HB17 and others | Bills | Legalization | On February 1, two New Mexico legalization bills were introduced by Senator Cliff Pirtle (R) and by Senator Daniel Ivey-Soto (D),[67] 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.[68] | |
| HB 12 | Law | 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. The House Health and Human Services Committee advanced a substitute HB 12 on February 15,[69] [70] and the Taxation & Revenue Committee (chaired by Martinez) advanced the bill on February 24 for a vote on the House floor. On February 26, the House approved the bill 39–31.[71] On March 17, the Senate Judiciary Committee advanced it for a floor vote. On March 26, the state governor called a special session to get a Senate vote on the bill;[72] the House and Senate passed the bill on March 31, and it was signed into law by Governor Lujan Grisham on April 12.[73] [74] [75] | ||
| New York | A1248 and S854 | Law | Legalization | Law passed by the New York state legislature on March 30 and signed by the governor March 31.[76] [77] | |
| A3009 and S2509 | Bills | Legalization | 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. | ||
| North Carolina | Senate Bill 669 | Bill | Medical | [78] | |
| Senate Bill 646 | Bill | Legalization | |||
| HB 617 | Bill | Legalization | [79] | ||
| SB 711 "NC Compassionate Care Act" | Bill | Medical | 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.[80] | ||
| North Dakota | HB 1420 | Bill | 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.[81] [82] It was advanced by the Human Services Committee on February 17.[83] The House passed the bill on February 23.[84] | |
| Initiative | 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.[85] | |||
| Ohio | Bill | Legalization | Allows adults to possess up to five ounces of cannabis.[86] | ||
| Regulate Cannabis Like Alcohol initiative | Initiative | Legalization | Over 200,000 signatures submitted to state on December 20.[87] On January 3, 2022, the initiative petition was found to have not met the threshold of valid signatures. | ||
| Pending bill number | Bill | Legalization | Introduced by Reps. Weinstein and Upchurch[88] | ||
| HB 498 Ohio Adult Use Act | Bill | Legalization | Tax-and-regulate bill announced by Rep. Jamie Callender (R) in October,[89] formally entered on December 2 with cosponsor Ron Ferguson (R)[90] | ||
| SB 261 | Bill | Medical | Does not require any specific conditions. Passed by Senate on December 15.[91] | ||
| Pennsylvania | Senate Bill 473 | Bill | 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.[92] Referred to Law and Justice committee on October 18.[93] | |
| Unnamed | Bill | Legalization | Announced by Representative Wheatley and Representative Frankel on June 21[94] | ||
| 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".[95] Allows curbside pick-up and allows dispensing three month supply of product.[96] | ||
| HB 2050 | Bill | Legalization | [97] | ||
| Rhode Island | Senate Bill 568 | Bill | Legalization | 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.[98] 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.[99] The bill was passed by the senate in a 29–9 vote on June 22.[100] | |
| H6370 | Bill | Legalization | Introduced by Rep. Scott A. Slater[101] | ||
| South Carolina | H. 3361 / S. 150 | Bills | Medical | The South Carolina Compassionate Care Act (H. 3361 / S. 150) was filed on January 12.[102] 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.[103] | |
| South Dakota | Adult use act | Bill | Legalization | Introduced by Republican representative Hugh Bartels; draft 62 cleared Adult-Use Marijuana Study Subcommittee on October 18[104] [105] | |
| Tennessee | HB 413 | Bill | Decriminalization | [106] | |
| HB 0621 / SB0854 | Bills | Medical | [107] | ||
| HB 1634 | Bill | Legalization | Introduced by Rep. Bruce Griffey (R)[108] | ||
| SB0118 | Law | Medical (expansion) | Signed by governor on May 27.[109] | ||
| Texas | SB 140 | Bill | Legalization | [110] | |
| HB 99 | Bill | Decriminalization | Public hearings held on April 6. | ||
| HB 441 | Bill | Decriminalization | Passed the house on April 30 in an 88–40 vote.[111] [112] | ||
| HB 1535 | Law | Medical | Adds qualifying conditions including PTSD, and raises THC limit.[113] The house passed the bill in a 134–12 vote on April 29;[114] the Senate passed the bill on May 25;[115] and on June 15, the state governor signed the bill.[116] | ||
| HB 2593 | Bill | Reduced penalties for concentrates | [117] | ||
| Virginia | SB 1406 and HB 2312 | Law | Legalization | The bill passed by the State Assembly on February 27 will allow the first legal retail sales on January 1, 2024.[118] Governor Ralph Northam amended the bill to authorize legalization for July 2021.[119] | |
| Washington | HB 1019 | Bill | 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.[120] [121] | |
| Wisconsin | AB68 | Bill | Legalization | 2021–2023 biennial budget proposal by state governor Tony Evers (bill AB68) included legalization.[122] [123] Permitting would be provided by Department of Agriculture, Trade and Consumer Protection or by Department of Revenue.[124] | |
| Bill | Legalization | Adult-use legalization, taxation, and regulation bill introduced by state senator Melissa Agard on August 10.[125] | |||
| Bill | Decriminalization | $100 fine for quantities under 14 grams. Proposed by representatives Shae Sortwell and Sylvia Ortiz-Velez.[126] | |||
| Wyoming | HB 0209 | Bill | Legalization | [127] [128] HB 209 passed the House Committee vote 6–3.[129] However, the bill missed the deadline for consideration.[130] | |
| HB 0082 | Bill | Medical | [131] | ||
| Wyoming Cannabis Amendments | Initiative | Decriminalization | [132] | ||
| Wyoming Patient Cannabis Act of 2022 | Initiative | Medical |
| Title | Type | Date introduced | Short description | Detail | |
|---|---|---|---|---|---|
| H.R.365 | Bill | Change of DEA scheduling | An act "To provide for the rescheduling of marijuana into Schedule III of the Controlled Substances Act" was introduced by Republican representative Greg Steube on January 19.[133] | ||
| H.R.430 | Bill | Veterans' rights | 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.[134] | ||
| SAFE Banking Act | Bill | Banking legalization | Reintroduced on March 17 and passed by the House on April 19.[135] | ||
| Hemp Economic Mobilization Plan (HEMP) Act | Bill | Redefines hemp | Reintroduced March 30, increasing allowable THC from 0.3% to 1% in Schedule 1-exempt hemp.[136] | ||
| HR2588 | Bill | Medical (veterans) | Introduced by Rep. Barbara Lee[137] | ||
| Bill | Medical (veterans) | Introduced on April 16 by U.S. Senator Brian Schatz (D) and U.S. Congressman Dave Joyce (R).[138] [139] [140] Introduced as amendment to 2021 NDAA in November.[141] | |||
| S.1467/HR 2916VA Medicinal Cannabis Research Act of 2021 | Bill | (April 30 in House) | Medical (veterans) | Eligible for Senate floor vote after being advanced by Senate Committee on Veterans' Affairs on June 23.[142] | |
| Passed by House Committee on Veterans' Affairs on November 4.[143] [144] | |||||
| H.R.3105Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act | Bill | Descheduling | Introduced on May 11, sponsored by Representatives David Joyce (R) and Don Young (R).[145] It would legalize any form of cannabis nationally by removing it from scheduling under the Controlled Substances Act. | ||
| H.R. 3617MORE Act | Bill | Legalization and expungement | MORE Act reintroduced | ||
| Fully Informed Veteran Act | Bill | Medical (veterans) | [146] | ||
| Drug Policy Reform Act | Bill | Decriminalization | 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.[147] | ||
| FY22 Financial Services and General Government appropriations bill | Bill | (markup)[148] | Banking regulation | The 2021 federal appropriations bill may contain SAFE Banking Act-like cannabis banking provisions.[149] | |
| Cannabis Administration and Opportunity Act | Bill | Descheduling | On July 14, Senate Majority Leader Chuck Schumer introduced a draft bill titled Cannabis Administration and Opportunity Act.[150] | ||
| FY22 Commerce, Justice, Science and Related Agencies appropriations bill | Bill | (committee approval)[151] | Various | May contain protections for state medical cannabis programs and other limits on federal prohibition, funding for CBD regulation. 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.[152] [153] | |
| National Defense Authorization Act for Fiscal Year 2022 | Bill | Banking | Language of the SAFE Banking Act added by amendment on September 21.[154] [155] Language of Veterans Medical Marijuana Safe Harbor Act added by Sen. Schatz on November 4. Language concerning both cannabis provisions was ultimately dropped from the bill sent to the Senate in December.[156] | ||
| H.R. 5977States Reform Act | Bill | 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.[157] [158] | ||
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On February 18, 37 members of Congress – including two members of the Congressional Cannabis Caucus, Barbara Lee and Earl Blumenauer, who were the authors – formally asked President Biden to fulfill a campaign promise by issuing a mass presidential pardon to Americans convicted of nonviolent cannabis crimes.[159] [160]
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.[161]
"how public sentiment surrounding marijuana has shifted in the United States and where the law may be headed from here"