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List of 2022 United States cannabis reform proposals

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List of 2022 United States cannabis reform proposals
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Legality of cannabis in the United States (2023)
Status
  Legal for recreational use
  Legal for medical use
  Illegal

The year 2022 began with several United States cannabis reform proposals pre-filed in 2021 for the upcoming year's legislative session. Among the remaining prohibitionist states, legalization of adult use in Delaware and Oklahoma was considered most likely, and Maryland, Ohio, Pennsylvania and Rhode Island somewhat less likely; medical cannabis in Mississippi was called likely at the beginning of 2022.[1] At the federal level, "a lack of consensus on the legislative strategy" shown in competing bills with both comprehensive and incremental approaches was said by a lobbyist at the beginning of the year to be "stunting the legalization effort".[2] The likely approaches to legalization were reflected by the Marijuana Opportunity Reinvestment and Expungement Act (MORE), the Cannabis Administration and Opportunity Act (CAOA) and the States Reform Act (SRA), and the more modest less-than-legalization SAFE Banking Act, considered "the least controversial of all the cannabis-reform bills" with "substantial bipartisan appeal".[3]

Legislation and initiatives introduced in 2021 for 2022 sessions

[edit]

State

[edit]
State Title Type Date introduced Short description Detail
Pennsylvania HB 204 Bill January 21, 2021 Decriminalization Filed January 21, 2021[4]
Indiana HB1070 Bill December 31, 2021 Decriminalization Pre-filed for 2022 session[5]
HB1049 Bill December 31, 2021 Regulation Pre-filed for 2022 session by representatives Sue Errington and Chris Campbell. Establishes Cannabis Compliance Commission and Cannabis Compliance Advisory Committee.[6][5]
Maryland HB 1 Referendum December 26, 2021 (bill prefiled) Legalization On July 16, 2021, 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.[7] 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.[8] The referendum bill and accompanying implementation bill, House Bill 837 received public testimony and were discussed by the House Judiciary Committee on February 14, 2022.[9] House Bill 1 was passed by the house 96–34 on February 25.[10][11] Senate Finance Committee hearings on the bills began on March 23.[12] The constitutional referendum and the legalization bill were both passed by the Maryland Senate on April 1.[13]
Missouri 2022 Missouri Constitutional Amendment 3 (Missouri legalization initiative) Initiative March 3, 2020 Legalization Passed by voters on November 8, 2022[14]
North Dakota North Dakota Legalize Marijuana and Allow Home Growth Initiative Initiative January 22, 2021 Legalization On January 22, 2021, 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 if 15,600 valid signatures are returned.[15]
North Carolina SB 711

NC Compassionate Care Act

Bill April 7, 2021 Medical Filed April 7, 2021.[16] 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, 2021.[17] Approved by senate on June 2, 2022.[18]
Wyoming Wyoming Cannabis Amendments Initiative June 9, 2021 Decriminalization [19]
Wyoming Patient Cannabis Act of 2022 Initiative June 9, 2021 Medical [19]
New Hampshire HB 1598 Bill December 21, 2021 Legalization Introduced December 21 by Rep. Daryl Abbas,[20] would create ten or more retail sales locations operated by the state as a monopoly.[21] Passed by state house of representatives on March 31, 2022.[22][23] Defeated in senate on April 28.[24]
Note: Green highlighting indicates passage into law, and may not indicate adult-use legalization.

Federal

[edit]
Title Type Date introduced Short description Detail
Marijuana Opportunity Reinvestment and Expungement Act (MORE) Bill May 28, 2021 Federal legalization with regulation, taxation Passed by House of Representatives on April 1[25]
H.R.5657

Medical Marijuana Research Act

Bill Medical research Introduced October 22, 2021 by Rep. Earl Blumenauer; passed by House on a 343–75 vote on April 4, 2022[26]
Note: Light red highlighting indicates voter questions on November 2022 ballot.

Legislation and initiatives introduced in 2022

[edit]

State, territory, or district

[edit]
State, territory, or district Title Type Date introduced Short description Detail
South Dakota SB 3 Bill January 2, 2022 Legalization Legalizes purchase and possession by adults. Bill introduced January 2 by Michael Rohl (R).[27][28] Cleared Senate Commerce and Energy Committee on February 17 for senate floor vote.[29] Passed by South Dakota Senate on February 23.[30] After being squashed in the House State Affairs Committee, the bill was pulled back on March 1 through a procedure called "smokeout" for a House floor vote.[31] The bill "met its final end" on March 4 when the House voted not to calendar it.[32]
South Dakota Initiated Measure 27

Marijuana Legalization Initiative

Initiative Legalization Initiative qualified in May, 2022 for the November 8, 2022 ballot[33][34] Defeated by voters in November.
Oklahoma Oklahoma State Question 820 Initiative January 3, 2022 Legalization Slated for March 2023 special election[35]
Oklahoma State Question 813 Initiative January 5, 2022 Legalization [36]
Kentucky House Bill 136 Bill January 4, 2022 Medical Introduced on January 4.[37] Passed House Judiciary Committee 15–1 on March 10,[38] and was passed by House 59–34 on March 17.[39]
House Bill 225 Constitutional amendment January 5, 2022 Legalization Introduced January 5 by representatives Nima Kulkarni and Attica Scott; if passed by legislature, will be a ballot issue in November 2022.[40][41]
House Bill 224 Bill January 5, 2022 Decriminalization Introduced January 5 by Representative Nima Kulkarni[40][42]
SB 186 and HB 521

L.E.T.T.'s Grow

Bills February 17, 2022 Legalization Introduced February 17 by representative Rachel Roberts and senators Morgan McGarvey and David Yates. Name is acronym from elements of the bill: legalization, expungement, treatment and taxation.[43][44][45]
Iowa Iowa Constitution article XI amendment Constitutional amendment January 5, 2022 Legalization Put forward by state senators Joe Bolkcom, Janet Petersen, and Sarah Trone on January 5[46]
New Hampshire HB1392 Bill January 5, 2022 Decriminalization Sponsors Max Abramson (R), Aidan Ankarberg (R), and Joshua Adjutant (D). Replaces criminal penalty for possession of cannabis and some other substances with a fine of $20 per gram[47][non-primary source needed]
HB629/SB 299 Bill January 6, 2022 Legalization Legalizes possession and home grow only.[48] Passed in state house of representatives on January 6 with a veto-proof majority.[49] Cleared by committee, scheduled for Senate floor vote April 21.[50] Defeated 15–9 in senate on April 28.[24] Attached as House amendment to SB 29 on May 4.[51]
Kansas Kansas adult-use and medical cannabis constitutional amendments Constitutional amendment January 6, 2022 Legalization Announced by House Minority Leader Tom Sawyer on January 6.[52]
SB 12 Bill April 26, 2022 Medical SB 12 repurposed c. April 26 as vehicle for committee reconciling differences between 2021's SB 92 and corresponding bill that passed the House[53]
Mississippi SB2095
Mississippi Medical Cannabis Act 		Law January 11, 2022 Medical Passed by the legislature on January 26,[54] signed into law by governor February 2.[55]
Delaware HB305 Bill January 12, 2022 Legalization Filed January 12;[56] passed out of Health & Human Development Committee on January 26.[57] Failed to achieve three fifths majority in House vote, and was defeated.[58]
HB371 Bill April 5, 2022 Legalization Separate legalization and regulation bills introduced around April 5, after HB305 failed. The legalization bill had enough sponsors for passage when introduced.[59] Passed by House on May 5 and the senate on May 12, then vetoed by Governor John Carney.[51][60][61] Although it was said to be "likely" to have support in the legislature to defeat the veto,[62] a June 7 vote to override failed to achieve a majority in the house.[63]
HB372 Bill April 5, 2022 Regulation Separate legalization and regulation bills introduced around April 5[59]
Missouri HB2469 Bill January 18, 2022 Decriminalization Would reclassify possession of some drugs including cannabis as an infraction[64][non-primary source needed]
Legal Missouri, Fair Access Missouri, and Cannabis Patient Network initiatives Initiatives Legalization All come with expungement[65]
Cannabis Freedom Act Bill February 15, 2022 Legalization Introduced February 15 by Representative Ron Hicks (R)[66]
Hawaii SB2718 SD1 Bill January 21, 2022 Medical Changes existing medical cannabis program so that persons age 65 or over automatically qualify for state medical cannabis card. Introduced January 21. Cleared by health committee on February 17.[67][68]
Arkansas Adult Use of Cannabis Amendment Initiative January 24, 2022 Legalization Constitutional amendment via ballot question filed January 24.[69] By early July, more than twice the required number of voter signatures had been gathered for November ballot access.[70] On July 29, the secretary of state approved the initiative for the November 2022 ballot.[71] Around August 10, the Arkansas Supreme Court ordered the initiative to appear on the ballot over the objections of the elections board.[72] The initiative failed with a 56% "no" vote.[73]
Indiana SB324 Bill Legalization Authored by Sen. Eddie Melton (D)[74]
SB414 Bill Legalization Authored by Sen. David Niezgodski (D) and Sen. Eddie Melton (D)[74]
HB1311 Bill Legalization and regulation Bipartisan bill authored by Rep. Cindy Ziemke (R); co-authored by Rep. Steve Bartels (R), Rep. Justin Moed (D), Rep. Vanessa Summers (D)[74][75]
HB1212 Bill Legalization Medical and adult use legalization in the state contingent on federal legislation. Authored by Rep. Jake Teshka (R); co-authored by Rep. Steve Bartels (R), Rep. Ryan Hatfield (D), Rep. Zach Payne (R)[74][75]
HB1232 Bill Decriminalization (partial) Authored by Rep. Zach Payne (R); co-authored by Rep. Jake Teshka (R), Rep. Jim Lucas (R), Rep. Sean Eberhart (R)[74]
HB1168 Bill Medical Authored by Rep. Jim Lucas (R); co-authored by Rep. Zach Payne (R), Rep. Heath VanNatter (R), Rep. Sean Eberhart (R)[74]
Wisconsin LRB-0250/1 Bill January 26, 2022 Medical Bicameral; primary sponsors Rep. Pat Snyder (R) and Sen. Mary Felzkowski (R), creates Medical Marijuana Regulatory Commission[76]
Tennessee HB1968

Free All Cannabis for Tennesseans Act

Bill January 26, 2022 Legalization [77][78]
SB1973/HB1634 Bills Advisory vote Would add an advisory vote to November ballot with three questions asking voters whether the legislature should pass bills allowing medical cannabis, to decriminalize the substance, and to legalize and regulate it. Sponsored by Rep. Bruce Griffey (R) and Sen. Sara Kyle (D)[79]
District of Columbia B 629

Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022

Law January 31, 2022 Medical Introduced January 31, passed DC Council unanimously February 1, signed into law by mayor February 15. Provides for senior citizen self certification of qualifying conditions, and medical cannabis tax holiday on April 15–April 24 (centered on April 20, 2022, i.e. 420).[80][81]
Medical Marijuana Self-Certification Emergency Amendment Act of 2022 Law July 6, 2022 Medical Signed into law by mayor July 6. Any adult over 21 may self-certify to qualify for medical cannabis.[82]
Alabama SB 160 Bill February 1, 2022 Decriminalization Introduced February 1,[83] passed by Judiciary Committee on February 16[84]
Maryland HB 837 Bill February 3, 2022 (bill prefiled) Legalization Introduced by Luke Clippinger on February 3.[85] The bill embodies regulation dependent on statewide legalization. HB 837 and accompanying House Bill 1 both received public testimony and were discussed by the House Judiciary Committee on February 14, 2022.[9] Passed by Maryland House February 25;[10] passed by the Maryland Senate on April 1.[13] The state governor announced on April 8 that the bill would become law without his signature.[86]
SB 833 Bill February 7, 2022 Legalization Introduced by Brian Feldman on February 7;[87][88] advanced by Senate Finance Committee on March 29[89]
Question 4

Maryland legalization amendment

Referendum Legalization Question to voters to enact the constitutional amendment embodied in House Bill 1, statewide adult-use possession and use of cannabis. Passed by voters on November 8, 2022.[90] Regulation will proceed under HB 837.
Pennsylvania Senate Law & Justice Committee hearings Hearings February 7, 2022 Legalization First legislative hearings ever held in the state concerning adult-use (recreational) legalization[91]
Georgia HB 1400 Bill February 17, 2022 Medical reform Increases numbers of licenses, increases Open Records Act access, and removes Medical Cannabis Commission Oversight Committee[92]
California SB 1326 Bill February 18, 2022 Interstate commerce Allows transport of cannabis to or from jurisdictions with an interstate cannabis agreement[93]
Rhode Island S 2430 and H 7593 Law March 1, 2022 Legalization Introduced March 1, 2020 by Senator Joshua Miller (D) and Representative Scott Slater (D). Going into effect October 1, 2022, legalizes purchase of one ounce at regulated retail establishments, possession of 10 ounces in the residence, and use of cannabis by adults.[94][95][96] On May 18, committees in both chambers approved their bills for floor votes.[97] On May 24, the bill was passed by both chambers,[98] and it was signed into law May 25.[99] The version of the bill finally passed included automatic expungement of tens of thousands of criminal charges related to cannabis offenses.[99]
Massachusetts S 2801 Bill March 31, 2022 Regulatory changes Fee structure changes, reforms equity licensing, and allows social consumption lounges. Passed state senate unanimously on April 7.[100][101]
North Dakota North Dakota Statutory Measure 2

Marijuana Legalization Initiative

Initiative April 11, 2022 Legalization and regulation Filed with secretary of state on April 11;[102] on April 22 it was approved for circulation, to appear on the November ballot if 15,582 valid signatures were gathered by July 11.[103] On July 10, organizers turned in more than 25,000 signatures to the secretary of state, and [104] on August 15 the initiative was certified for the ballot.[105] The initiative failed with a 55% "no" vote.[106]
Ohio House Bill 628

An act to regulate and control adult use cannabis

Bill April 20, 2022 Legalization Introduced April 20 by Reps. Casey Weinstein and Terrence Upchurch;[107] mirrors Regulate Cannabis Like Alcohol initiative[108]
South Carolina HB 7614

420 Day bill

Bill April 20, 2022 Pardons Introduced by Rep. JA Moore; establishes official "420 Day" for issuance of pardons related to drug offenses[109]
New York Senate Bill S9217 Bill May 12, 2022 Home grow Introduced by Sen. Jeremy A. Cooney May 12, 2022.[110] Would allow community gardens for cannabis as an alternative to home grow.
Minnesota HF 4065

May amendments to Health Department appropriations

Bill May 22, 2022 Legalization Legalizes and regulates edible and beverage products containing delta-8 THC (synthesized from CBD) or delta-9 THC (naturally occurring). Up to 5 mg of THC per serving is allowed. Called "accidental" vote by NPR,[111] and an "embarrassing blunder" by prohibitionist group Smart Approaches to Marijuana.[112] Took effect July 1, 2022.[113]
Florida Adult Personal Use of Marijuana Initiative August 8, 2022 Legalization Filed with Florida Secretary of State in August 2022, for 2024 ballot. Would legalize possession of one ounce of cannabis by adults.[114][115]
Idaho Idaho Medical Marijuana Initiative Initiative August 16, 2022 Medical Submitted to Idaho Secretary of State in August 2022, for 2024 ballot.[citation needed]
Kansas Pre-legislative hearings Bill (prospective) Medical Special Committee on Medical Marijuana hearings scheduled to begin October 12[116]
United States Virgin Islands Bill 34-0345 Bill December 30, 2022 Legalization Sponsored by Sen. Janelle K. Sarauw and taken up by territorial legislature who worked through the Christmas holiday to pass the bill by a veto-proof majority on December 30, 2022[117]
Notes:
  Green highlighting indicates passage into law, and may not indicate adult-use legalization.
  Light red highlighting indicates voter questions qualified for November 2022 ballot or a subsequent ballot.

Federal

[edit]
Title Type Date introduced Short description Detail
SAFE Banking Act Bill January 28, 2022 Banking reform In January 2022, Senator Ron Perlmutter introduced an amendment to the America COMPETES Act of 2022 that incorporated the SAFE Banking Act.[118] It was passed by the House on February 4, but removed later.[119][120] It was included in the National Defense Authorization Act for fiscal year 2023 passed by the House on July 14.[121]
Climate Resilience Workforce Act Bill January 30, 2022 Recognition of state programs Section 503 of the Climate Resilience Workforce Act, introduced on January 30,[122] contains language effectively recognizing state programs by prohibiting federal testing for cannabis that is "more stringent than any drug test that is in place in the locality or State"[123] in projects funded by the act.[124]
S.253 / HR 8454

Medical Marijuana and Cannabidiol Research Expansion Act

Bill February 4, 2022 Medical research Introduced February 4;[125] passed by House 395-25 in July;[126] passed by Senate November 16[127]
HR 6645

Hemp Advancement Act

Bill February 7, 2022 Hemp regulation The Hemp Advancement Act was introduced on February 7. It would raise the THC allowed in agricultural hemp, exempt from the Controlled Substances Act under the 2018 Farm Bill, from 0.3% to 1.0% when harvested (retaining 0.3% limit in finished products),[128] and make other adjustments regarding processing and eligibility.[129]
HR 6991 Bill March 8, 2022 Medical Introduced by Rep. Seth Moulton, allows VA to recommend medical cannabis[130][131][non-primary source needed]
HR 7513

Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act

Bill April 14, 2022 Pre-regulation Introduced April 14 by Representatives Dave Joyce (R), Hakeem Jeffries (D), and Brian Mast (R).[132] Creates commission under United States Attorney General for development of federal regulation.[133] Senator John Hickenlooper (D) said he would introduce a matching bill.[134]
Veterans Equal Access Act Bill Medical (veterans) Proposed in June 15 letter to colleagues authored by Congressional Cannabis Caucus members Earl Blumenauer (D) and Brian Mast (R)[135]
Fiscal Year 2023 appropriations Bill June 28, 2022 Recognition of state legalization Commerce, Justice, Science, and Related Agencies house appropriations legislation approved by committee on June 28 prohibits interference with any cannabis program legalized by a state, territory or tribe or the federal district local government.[136] Similar to earlier Rohrabacher–Farr amendment, but applies to any medical or adult-use program.[137]
S.4591

Cannabis Administration and Opportunity Act (CAOA)

Bill July 21, 2022 Federal legalization with regulation, taxation On February 4, Senate Majority Leader Chuck Schumer said that his Cannabis Administration and Opportunity Act (CAOA) would be introduced in April;[138] it was postponed to an unspecified date later in 2022.[139] The bill was introduced in the United States Senate on July 21, 2022.[140][141]
S.4503

Intelligence Authorization Act for Fiscal Year 2023

Bill July 12, 2022 Security clearances for cannabis users Passed unanimously by Senate Intelligence Committee on June 22, containing in section 507 the language that " the head of an agency may not make a determination to deny an individual's eligibility for access to classified information based solely on the individual's preemployment use of cannabis",[142] i.e. a provision that federal security clearances are not to be withheld for prior cannabis use.[143] Introduced as bill by chairman Mark Warner on July 12.[142]
HR 8825

SHIP Act

Bill September 14, 2022 Interstate commerce Allows interstate commerce of marijuana and direct shipping to consumers through U.S. mail, pending repeal of prohibition; introduced September 15 by Jared Huffman[144][145]
House Oversight and Reform committee hearings Hearings November 15, 2022 "Bipartisan Cannabis Reforms at the Federal Level" Subcommittee on Civil Rights and Civil Liberties hearing scheduled for November 15[146]
Medical Cannabis Research Act Bill December 29, 2022 Research Filed by Matt Gaetz for third session in a row.[147]

Legislation introduced earlier and advanced in 2022

[edit]

State

[edit]
State Title Type Date introduced Short description Detail
Ohio Regulate Cannabis Like Alcohol initiative Initiative July 27, 2021 Legalization Ohio Secretary of State certified over 136,000 valid signatures on January 28, forcing legislature to vote on the measure.[148] May appear on 2023 ballot because of lawsuit over deadlines.[149]
South Carolina S.150 / H.3361

South Carolina Compassionate Care Act

Bill December 9, 2020 Medical Began floor debate January 26, 2022 – the first time cannabis legalization of any kind had been debated in South Carolina.[150] Was passed by the senate on February 10 after weeks of debate.[151] On April 7, the bill was cleared by committee for a house floor vote.[152]

Executive and judicial actions

[edit]
Further information: Cannabis in Kentucky § 2022 medical cannabis bill and executive action

The governor of Kentucky, Andy Beshear, said on April 7 that he was considering executive action to permit medical cannabis in his state if House Bill 136 was not approved in the state senate.[153] When the session ended without senate consideration of the bill, Beshear issued an executive order that created a committee to provide recommendations on ways forward for medical cannabis.[154][155]

The governor of Pennsylvania Tom Wolf and lieutenant governor John Fetterman announced a mass pardon program for past nonviolent cannabis offenses on September 1.[156]

The Massachusetts Supreme Judicial Court found in September that requests for expungement of past cannabis offenses, including possession prior to 2018 legalization, are entitled to a "strong presumption in favor" of approval.[157]

President Biden announced a mass pardon for past federal cannabis possession convictions on October 6 and ordered Attorney General Merrick Garland to begin studying reclassifying or descheduling cannabis under the Controlled Substances Act.[158]

Governor of Oregon Kate Brown issued a mass pardon on November 21 for 45,000 persons convicted of simple possession.[159]

References

[edit]
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Further reading

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