Lawmakers in lots of states have began pre-filing marijuana regulation reform laws and a few periods have already begun holding hearings. This week’s replace highlights legislative developments in Delaware, Georgia, Hawaii, Iowa, Maryland, Minnesota, Missouri, Nebraska, New Hampshire, New York, North Carolina, North Dakota, Ohio, South Dakota, Tennessee, Washington, and West Virginia.
ADULT-USE LEGALIZATION
DELAWARE
Replace: HB1 has handed the Home Well being & Human Improvement Committee.
Home Invoice 1 removes all penalties for possession of a private use amount of hashish, besides for many who are below 21 years of age. Possession of greater than a private use amount of hashish and public consumption would stay unclassified misdemeanors. A private use amount could be outlined as one ounce or much less of leaf hashish, 12 grams or much less of concentrated hashish, or hashish merchandise containing 750 milligrams or much less of delta-9-tetrahydrocannabinol (THC).
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HAWAII
Home Invoice 237 and its companion invoice Senate Invoice 375 legalize hashish for grownup use. Adults 21 years and older can be permitted to buy the equal of 4 ounces of hashish inside a consecutive interval of fifteen days. Adults may also residence domesticate as much as 10 vegetation. There are fairness provisions for retail licensing. As well as, provisions within the invoice would broaden home-cultivation rights to out-of-state sufferers.
Home Invoice 452 locations a non-binding referendum query on the 2024 poll, studying, “Shall the State of Hawaii enable the sale and use of leisure hashish within the State?”
Senate Invoice 669 legalizes the private cultivation and use of small quantities of hashish..
Home Invoice 1216 legalizes and regulates the sale and use of as much as 30 grams of marijuana for adults
Home Invoice 1425 legalizes the acquisition and possession of as much as 28.5 grams of hashish flower.
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Senate File 73 seeks to legalize marijuana possession, manufacturing, supply, and retail gross sales. Residents which are 21 years or older could possess 30g of marijuana flower, 5g of marijuana focus, and 500mg of THC in an infused product. Non-residents could possess as much as half of these quantities. No multiple ounce of marijuana or its equal in retail marijuana merchandise could also be bought per transaction.
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MARYLAND
Home Invoice 556 and Senate Invoice 516 regulates hashish gross sales for adults 21 and older by permitting all hashish companies to serve each medical sufferers and adults. The payments create an avenue to permit for on-sight consumption licenses, the place customers over 21 should purchase and devour hashish in a social setting. Moreover, the laws institutes sure parental and private protections for medical and adult-use customers.
The payments additional make some modifications to the allowances of registered medical sufferers, growing the quantity of possession to 4 ounces of flowers, 36 grams of THC-infused merchandise, and as much as 4 vegetation for residence cultivation. The payments additionally create a social fairness fee to permit hashish enterprise licensees disproportionately impacted by the conflict on medication to take precedence within the allotted variety of hashish companies registered within the fiscal yr. Beneath these payments, a 6% tax on hashish gross sales can be applied, with a 1% enhance annually (ending with a ten% tax by 2028).
Beneath state regulation, sufferers usually are not presently allowed to domesticate vegetation of their houses. Easy possession and residential cultivation by adults 21 and older have been already legalized by way of the passage of separate laws, efficient July 1, 2023.
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MINNESOTA
UPDATE: HF 100 has handed six committees within the Home. Its subsequent listening to is scheduled for two/8/23.
HF 100/SF73 permits adults 21 and older to buy as much as two ounces of hashish and to home-cultivate as much as eight vegetation (of which 4 could also be mature). Along with making a system of licensed, non-public hashish companies, municipalities, and counties might personal and function authorities dispensaries. These with prior marijuana convictions would have their data mechanically expunged. The laws additionally permits for on-site consumption lounges and hashish supply companies. It additionally accommodates language banning the sale of unregulated artificial cannabinoids, which is according to Board of Pharmacy guidelines put into place final yr.
Moreover, the laws seeks to advertise social fairness and inclusion amongst licensees by prioritizing licensure to underrepresented populations, akin to individuals dwelling in low-income neighborhoods and navy veterans who misplaced their honorable standing due to a cannabis-related offense.
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NEBRASKA
Replace: LB 634 is scheduled for a listening to within the Judiciary Committee on 2/9/23.
Legislative Invoice 634, the Undertake the Hashish Management Act and the Hashish Conviction Clear Slate Act, legalizes the grownup use of hashish. Adults 21 years and older might possess as much as one ounce of hashish flower or its equal in hashish merchandise and residential domesticate as much as six vegetation. It moreover institutes sure parental protections and pathways for the expungement of data for people convicted of a non-violent hashish offense.
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TENNESSEE
Senate Invoice 0168 and Home Invoice 88, also referred to as the “Free All Hashish for Tennesseans Act,” creates an adult-use regulated hashish market. Adults 21 years of age and older would be capable to use, possess, and transport as much as 60 grams of hashish flower and 15 grams of concentrates.
Moreover, the invoice permits for the cultivation of as much as 12 marijuana vegetation at one’s residence. It additionally makes nonviolent, non-felony marijuana offenders to be eligible for fast launch from incarceration, probation, and parole. This invoice will take impact on January 1, 2024, if efficiently handed.
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REDUCED PENALTIES
GEORGIA
Senate Invoice 30 will increase the quantity of hashish a person could possess on their individual whereas nonetheless qualifying as a low-level misdemeanor violation from one to 2 ounces.
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Senate Invoice 73 seeks to substitute civil penalties rather than prison penalties for sure offenses referring to manufacturing, cultivating, possessing, and possessing with intent to distribute hashish merchandise exterior of the regulated market.
Home Invoice 280 amends state regulation in order that residents discovered with greater than 1.5 ounces of marijuana are subjected to civil fines relatively than prison penalties. Residents fined penalties could go for group service hours as a substitute of paying a fantastic. Beneath HB 280, civil hashish violations can be topic to a fantastic not exceeding $250.
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IOWA
Senate File 178 seeks to decriminalize the possession of as much as 5 grams of hashish by adults.
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Replace: LB 22 is scheduled for a listening to within the Judiciary Committee on 2/9/23.
Legislative Invoice 22 seeks to take away marijuana from the Managed Substance Act (CSA) within the state of Nebraska. If handed, this invoice would depenalize the use and possession of marijuana, take away marijuana from the “marijuana and managed substances tax,” and rename and repurpose a fund associated to oversight of the cultivation of hemp.
By putting references to hashish from the state’s CSA, the invoice would get rid of current prison penalties for many all marijuana-related actions. Whereas it’s unrealistic to assume that lawmakers would in the end conform to such an choice, this invoice can function a place to begin to start necessary legislative discussions concerning additional lowering marijuana possession penalties and regulating the industrial hashish market.
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NEW YORK
Senate Invoice 2772 seeks to create civil penalties for minors for the sale, possession, use, and distribution of below 3 ounces of marijuana or lower than 24 grams of concentrated marijuana.
If handed, civil penalties can be imposed on any individual below the age of 21 who’s discovered with marijuana or is discovered utilizing marijuana. Legal penalties can be imposed if an individual below the age of 21 knowingly or unlawfully sells greater than 5 lbs of hashish or greater than 2 lbs of concentrated hashish.
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TENNESSEE
Home Invoice 309 by Rep. Jesse Chism decriminalizes the possession of a personal-use amount of marijuana by making these possessions a civil violation punishable by a $25 or group service. The invoice defines “personal-use amount” as one (1) ounce (28.35 grams) or much less of hashish, 5 grams (5 g.) or much less of hashish concentrates, and infused merchandise containing one thousand milligrams (1,000 mg.) or much less of delta-9 THC.
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DELAWARE
Replace: HB2 has handed out of the Home Income & Finance Committee.
Home Invoice 2, in any other case often called the Delaware Marijuana Management Act, regulates and taxes adult-use gross sales, promotes fairness and inclusion within the authorized business from communities disproportionately impacted by hashish prohibition, and reinvests a portion of tax income into disproportionately impacted communities.
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MEDICAL ACCESS
NEBRASKA
Replace: LB 588 is scheduled for a listening to within the Judiciary Committee on 2/9/23.
Legislative Invoice 588, “Medicinal Hashish Act” creates a medical hashish entry program. Qualifying sufferers could buy and possess as much as 2.5 ounces of hashish flower or 2000 mg of THC focus.
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NEW HAMPSHIRE
Replace: HB 431 is scheduled for a listening to within the Home Well being, Human Companies, and Aged Affairs Committee on 2/9/23. Submit your help for this laws right here.
HB 431 permits qualifying sufferers and designated caregivers to domesticate hashish for therapeutic use. Registered sufferers could be permitted to develop as much as six vegetation, of which 3 may very well be mature. Beneath current regulation, certified sufferers should buy hashish from retailers, however usually are not allowed to home-cultivate. Lately, New Hampshire’s Therapeutic Hashish Medical Oversight Board voted to endorse legalizing medical marijuana residence cultivation.
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NEW YORK
Senate Invoice 2263 seeks to guard medical marijuana sufferers from eviction primarily based on their consumption of marijuana. If handed, this invoice would defend customers from being evicted from their houses due to medical marijuana use, and their landlords could not search to get better the property primarily based solely on marijuana use.
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NORTH CAROLINA
Senate Invoice 3, also referred to as the North Carolina Compassionate Care Act, seeks to create a medical hashish entry program.
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SOUTH DAKOTA
UPDATE: SD1 has handed the Senate, YEAS 20, NAYS 15, and now heads to the Home.
SD1 expands the state’s medical entry program to incorporate the next qualifying situations: AIDS/HIV, ALS, a number of sclerosis, most cancers or its therapy, if related to extreme or power ache, nausea or extreme vomiting, or cachexia or extreme losing, Crohn’s illness, epilepsy and seizures, Glaucoma, or post-traumatic stress dysfunction.
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TENNESSEE
Home Invoice 172/ Senate Invoice 1461 creates a medical hashish entry program. Certified sufferers are permitted to own as much as 2.5 ounces of hashish flower and 2000mg of the cannabis-derived merchandise
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WASHINGTON
Home Invoice 1563 seeks to supply authorized protections for qualifying sufferers who possess legitimate state authorization, however who haven’t but been entered into the medical hashish authorization database and haven’t been issued a recognition card.
Senate Invoice 5608 seeks to guard medical hashish sufferers by permitting sufferers to make use of copies of their medical identification playing cards as a sound authorization of use. As well as, those that haven’t acquired their playing cards, however who’re registered within the hashish authorization database are protected below this invoice.
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ADDITIONAL LEGISLATION
MISSOURI
Home Invoice 830 prohibits the odor of marijuana alone as possible trigger for regulation enforcement to look a house, automobile, or different non-public property.
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NEW YORK
Senate Invoice 3289 seeks to permit sure qualifying incarcerated people serving an indeterminate sentence to be granted a brand new, diminished sentence of as much as one third off of the unique time given.
If handed, this invoice would relieve in any other case law-abiding residents of a portion of an imposed penalty which doesn’t match their deemed offense. New York not too long ago legalized hashish, and holding individuals incarcerated for what’s now not thought of a criminal offense just isn’t solely illogical, however inhumane. There are different avenues, akin to these outlined on this invoice, that must be pursued earlier than imprisonment and lack of freedoms.
Presently, incarcerated people can full a court-ordered program to be launched early. This regulation would broaden that provision and permit for offenders to be positioned in court-ordered drug and alcohol therapy plans to cut back the time on their sentence.
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OHIO
Laws is pending, Senate Invoice 26, to amend the state’s site visitors security regulation in order that these with hint ranges of THC of their system can not be convicted of working a motorized vehicle below the whereas affect with out additional proof of impaired driving.
Beneath current regulation, individuals are responsible of a site visitors security violation in the event that they function a automobile with hint quantities of both THC of their blood or THC metabolites of their urine — even absent any demonstrable proof of impairment. As a result of each THC and significantly THC metabolites could also be detectable for days and even weeks post-abstinence — lengthy after any impairing results have worn off — this regulation criminalizes just about anybody who consumes hashish, and state-authorized medical hashish sufferers particularly.
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WASHINGTON
Replace: SB5662 has handed the Senate Committee on Labor & Commerce.
SB5123 prohibits an employer from discriminating towards a job applicant solely primarily based on their off-the-clock hashish use away from the office.
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WASHINGTON
Senate Invoice 5662 seeks to create a system to guard established workers that work within the hashish business from employment discrimination and wrongful termination.
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WEST VIRGINIA
Home Invoice 2771 removes marijuana as a managed substance from the screening requirement of the West Virginia Alcohol and Drug-Free Office Act.
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LEGISLATION NORML OPPOSES
WASHINGTON
Home Invoice 1641 and Home Invoice 1642 impose 35% THC caps for concentrates.
HB 1641 seeks to create THC caps of 35% to all hashish concentrates bought within the state of Washington and create fines for companies that don’t adjust to THC capping necessities. Moreover, the invoice units legal guidelines and rules for the promoting and advertising and marketing of adult-use hashish concentrates containing over 35% tetrahydrocannabinol, together with a “MANDATORY HEALTH WARNING” on the product.
HB 1642 creates a cap of 35% whole tetrahydrocannabinol for hashish concentrates and seeks to lift public well being consciousness on the hazards of high-potency hashish concentrates.
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