Ever since Colorado and Washington legalized marijuana back in 2012, we have seen an explosion of legislation on this topic. With Attorney General Jeff Sessions waging his own war on drugs, the nation has been unsure of what the future holds for the states and economies that now depend on it. Throughout the year we have seen many different types of legislation related to marijuana trending on BillTrack50. This week we are taking a closer look at this group of bills.
Here is a list of the 20 bills we’ll take a look at.
For the bills above, green bills passed, red bills failed and gray bills are still under consideration
By no means is this an exhaustive list of marijuana bills from this year; these bills simply represent the bills that got the most traffic on BillTrack50. As such they serve to highlight not just what ideas the states are pursuing, but also which bills have sparked the most attention from the public.
General Legalization of Marijuana
Many states proposed legislation to address the basic legalization of marijuana and what that could look like in their state.
Georgia proposed, but didn’t pass, a resolution for an amendment to their constitution to authorize the General Assembly to legalize and regulate marijuana. The law would have permitted people 21 or older to purchase limited amounts of marijuana for personal use. It also stated that the fees and tax proceeds from the sale of marijuana be dedicated equally between education and transportation infrastructure purposes along with some other purposes. These ideas followed the general approach Colorado has taken thus far: around $41 million went to education and public health, $32 million to the Department of Human Services used on substance abuse, mental health, youth marijuana-use prevention and treatment services, and finally about $16.5 million grouped under the construction/local category which paid for affordable housing, local construction and a local government.
Wisconsin also proposed but failed to pass a bill to change state law to permit both recreational and medical use of marijuana. With respect to the recreational use of marijuana, this bill would have changed state law to allow a Wisconsin resident who is at least 21 to possess no more than two ounces of marijuana and allow a nonresident of Wisconsin who is at least 21 to possess no more than one-quarter ounce of marijuana. It would have prohibited the use of marijuana in public. Finally, the bill would also have prohibited the sale of marijuana for recreational use via mail, telephone, or Internet – a person who violates this prohibition is guilty of a Class A misdemeanor.
An Alabama bill states a person commits the crime of “unlawful possession of marijuana in the first degree” if they have two ounces or more and it is a class C felony. This section does not apply to edible derivatives of a cannabis plant such as foods, drinks, and candies. This bill also didn’t pass this year.
New Jersey has a couple of bills this year that got a lot of looks on our website; these bills are both currently in committee. But first, some context. The state passed the Compassionate Use Medical Marijuana Act (CUMMA) in 2010. Under CUMMA, qualified patients can possess up to two ounces of medical marijuana within a 30-day period. CUMMA expressly states that it does not require employers “to accommodate the use of medical marijuana in any workplace.”
OK now on to the bills. First, NJ S830 would, among other things, allow for the possession and use of recreational marijuana by individuals 21 and older; S830 differs from CUMMA in one significant respect: it creates a right to sue employers for taking “any adverse employment action” against an individual because that person does or does not smoke or otherwise use marijuana. S830 states it is not intended to require an employer to permit or accommodate the use of marijuana in the workplace, or to affect the ability of employers to have policies prohibiting marijuana use or intoxication by employees during work hours.
Second, NJ A1557 (a re-introduction of A4193 from the last session which was *very* popular with our users) proposes legalizing marijuana and allowing records expungement for certain past marijuana offenses. It aims to treat marijuana products similar to tobacco products, including civil penalties for providing marijuana to people under 19. The manufacturing, distribution, possession and use of medical marijuana would remain subject CUMMA along with some other acts. The bill would also allow for conviction expungement in an expedited process for offense convictions pre-dating marijuana legalization that relate to marijuana possession, use or being under the influence of marijuana or failure to make lawful disposition of marijuana. An expungement petition could be filed and presented in Superior Court at any time, notwithstanding the general ten-year waiting period (for crimes) or general five-year waiting period (for disorderly persons offenses) normally applicable.
Medical Marijuana
Other States have focused on legislation addressing the medical use of marijuana.
A failed Hawaii bill would have amended the definition of “debilitating medical condition” to cover:
- Cancer, glaucoma, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions
- A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: Cachexia or wasting syndrome, Severe pain, Severe nausea, Seizures, including those characteristic of epilepsy, Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s disease or Post-traumatic stress disorder
- Opioid addiction, substance abuse, or withdrawal symptoms resulting from the treatment of these conditions
- Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or advanced practice registered nurse or potentially qualifying patient.
Iowa proposed (but didn’t pass) a bill to regulate medical cannabidiol. Cannabidiol (CBD) is a cannabis compound that has significant medical benefits, but does not make people feel “stoned” and can actually counteract the psychoactivity of THC. This bill also would have altered the list of debilitating medical conditions and change the definition of medical cannabidiol under the Medical Cannabidiol Act (passed in 2014). Finally, the bill would exempt sales of medical cannabidiol products from Iowa sales tax.
The US also proposed a federal bill having to do with medical marijuana, the VA Medicinal Cannabis Research Act of 2018; this bill is currently in committee. This bill authorizes the Department of Veterans Affairs to conduct and support research on the efficacy and safety of certain forms of cannabis. It would also allow for cannabis delivery for veterans enrolled in the VA health care system diagnosed with conditions such as chronic pain or post-traumatic stress disorder. The collected data will need to be preserved in a manner that facilitates further research. At the beginning of September, legislators proposed the Veterans Medical Marijuana Safe Harbor Act which would allow veterans to use, possess or transport medical marijuana and to discuss the use of medical marijuana with a physician of the Department of Veterans Affairs to treat chronic pain, PTSD and other serious medical conditions.
Justin Strekal, Political Director at NORML, had this to say about the bill, “It is unconscionable that these brave individuals who protect our nation’s freedoms would be treated as criminals when they return home just for treating their medical ailments with a safe and effective option. Passage of The Veterans Medical Marijuana Safe Harbor Act would end this discrimination.” He went on to say, “These types crucial medical and civil protections for the men and women who put their lives on the line to serve this country are absolutely necessary given the alarming rates of opioid addiction and suicide by veterans.”
Missouri proposed, but didn’t pass, a bill to allow people with certain serious medical conditions to use medical cannabis. The bill would have granted a smokeless medical cannabis or hemp extract registration card for those over the age of 18 battling a terminal illness, as well as other ailments. If recommended by doctors, patients could have requested a registration card from the state, allowing Missourians to have medicated with smokeless marijuana. Parents or legal guardians responsible for a minor’s medical care could also have been issued a card. There was opposition against the bill because in the bill medical cannabis is declared to be an “investigational drug”, which would have meant marijuana could have been recommended or prescribed by a physician to treat patients with a terminal illness or a debilitating medical condition only after all other treatments had been considered. The bill required that medical cannabis is only prescribed in accordance with an ongoing clinical trial specific to the patient’s condition. There are not many clinical trials occurring across the United States and in Missouri specifically for medical cannabis which can ultimately limit people’s access to the substance.
Maine proposed legislation to amend the Maine Medical Use of Marijuana Act. Interestingly, this bill became law by overcoming a veto by the governor. The bill allows third-party extraction of medical marijuana and creates a new type of manufacturing license to permit processing and sale of medical cannabis concentrates, extracts, edibles, and other products. The bill also allows a facility that tests medical marijuana samples for the cannabinoid profile, potency, and contaminants to operate in the absence of rules adopted by the Department of Health and Human Services. Finally, it establishes a process for people or entities that are not qualifying patients, registered caregivers or registered dispensaries to become authorized to produce marijuana concentrate.
Earlier this year, the FDA approved the first-ever drug containing cannabidiol, Epidiolex, to treat two rare forms of childhood-onset epilepsy — Lennox-Gastaut syndrome and Dravet syndrome. In California, any product containing CBD is regulated by the state’s Medicinal and Adult Use Cannabis Regulation and Safety Act. It’s considered a highly controlled substance, and doctors can’t prescribe it under current law. In response to this drug being approved, California passed a bill in June to ensure that patients are able to obtain access to CBD as a medical treatment as soon as federal law makes it available.
Cultivating Marijuana
When talking about marijuana, we cannot forget the conversation about cultivating, or growing, it. Three states had legislation particularly tied to different aspects of growing marijuana.
A Colorado bill tried to address the allowable uses of reclaimed domestic wastewater, which is wastewater that has been treated for subsequent reuses other than drinking water. The bill, which didn’t pass, would have defined three categories of water quality standards for reclaimed domestic wastewater, and set forth the allowable uses for each water quality standard category. A major part of this bill would have been to add marijuana cultivation as an allowable use for reclaimed domestic wastewater.
Hawaii proposed a bill in 2017 to authorize the counties to adopt ordinances to legalize marijuana cultivation, possession, sale, transfer, and use for people over 21. The bill also clarifies that penal code provisions pertaining to drug and intoxicating compounds offenses do not apply to counties that have adopted ordinances legalizing marijuana and adopted administrative rules to regulate marijuana. The bill was carried over into 2018 and also failed.
Finally, Oklahoma expanded on the uses of marijuana and seeing what a future could hold with it by creating the Oklahoma Industrial Hemp Agricultural Pilot Program; the bill was signed into law in April. For the purposes of this pilot, individuals cannot hold a license, but they can contract with colleges and universities to produce hemp for industrial use and while enabling the educational institutions to study the crop for research. Industrial hemp is generally defined as a crop that has less than 0.3 percent of the psychoactive substance, THC, found in marijuana. Farmers in the state once grew hemp and used its fibrous product for things like cloth sacks, rope, paper products, construction, livestock bedding or molded plastic. Check out this blog from a few years ago about the possible uses of hemp.
When speaking about the bill, State Rep. Mickey Dollens, D-Oklahoma City, said “We know Oklahoma has to diversify our economy. We need new and recurring revenue and this does both. Oklahoma is prime real estate for the production of industrial hemp. Our farmers can grow it, they can do well. Our citizens can buy new products that can be made from this, it can be taxed.”
Distributing Marijuana
Distributing marijuana is a complicated process, one that California and Colorado have been working to address this year.
First, CA AB225, which passed last month, prohibits a licensed distributor from transporting an amount of cannabis or cannabis products in excess of the amount stated on the shipping manifest. It also prohibits a law enforcement officer from seizing cannabis or cannabis products for a violation of the Medical Cannabis Regulation and Safety Act (MAUCRSA), unless the seizure is authorized and the officer has probable cause to believe a criminal cannabis violation has occurred. The bill clarifies that transportation for purposes of sale with a counterfeit shipping manifest is subject to unlawful transportation of cannabis and disciplinary action by the bureau.
Second, CA AB3067, signed into law just a few days ago, works to prohibit the operator of an Internet Web site or online service, online application, or mobile application from marketing cannabis products or services to a minor. People have been talking about advertising and marketing for cannabis products over the last few years, particularly how in relation to minors. Many people believe the current regulations are not stringent enough. The bill prohibits an operator from knowingly using, disclosing or compiling, the personal information of a minor for the purpose of marketing or advertising any cannabis, cannabis product, cannabis business or cannabis-related instrument or paraphernalia. CA AB2899 further clarifies prohibitions on cannabis marketing to minors and mandates that advertisements include the licensee’s number.
Third, CO HB1092 would have created a pilot program to allow marijuana delivery. The bill made it out of the House with a party-line vote with Democrats supporting it, but didn’t get out of committee in the Senate. The bill would have established an 18-month pilot project allowing a state-licensed delivery provider to pick up medical or recreational marijuana products from a licensed dispensary or store and deliver the products to ID-bearing registered medical marijuana cardholders or adults 21 years of age or older at a physical address. Colorado marijuana regulators would have been responsible for setting the bulk of the program’s rules. The delivery license holders would have had to adhere to certain security and tracking measures, as well as limits on the amount of product in a vehicle, and health and safety standards and training requirements. Proponents believed in the bill’s potential to decrease incidences of DUIs as well as “black-and gray-market activity” of delivery sales that are occurring on websites like Craigslist.
Closing Thoughts
It has been incredibly interesting to see how marijuana policy has changed over the years, and all the ideas states are contemplating moving forward. Marijuana is clearly becoming less and less taboo and keeping up with these bills really shows how states are grappling with integrating it into society. Many times when I read the legislation, like the marijuana delivery bill in Colorado, the CBD medicine bill in California or the agricultural hemp bill in Oklahoma, I am reminded how much goes into rolling back a prohibition and getting substances regulated in a way where their use and benefits are accessible and safe for society. What kind of marijuana legislation do you think we’ll see in the upcoming year?
About BillTrack50 – BillTrack50 offers free tools for citizens to easily research legislators and bills across all 50 states and Congress. BillTrack50 also offers professional tools to help organizations with ongoing legislative and regulatory tracking, as well as easy ways to share information both internally and with the public.