Marijuana reform legislation continues to advance in several states. This week’s update highlights legislative developments in California, Delaware, Louisiana, Maryland, Massachusetts, Montana, New Hampshire, Nevada, North Carolina, North Dakota, Oklahoma, South Dakota, and Washington.
Update: HB1 has passed both legislative chambers with supermajority support. The bill now awaits action from Democratic Gov. John Carney, who has previously expressed opposition to further liberalizing adult-use cannabis laws.
House Bill 1 removes all penalties for the possession of a personal use quantity of cannabis, except for those who are under 21 years of age. Possession of more than a personal use quantity of cannabis, as well as engaging in the public consumption of cannabis, will remain unclassified misdemeanors. A personal use quantity is defined as one ounce or less of leaf cannabis, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol (THC).
Update: HB 2 has also passed both legislative chambers with supermajority support and now awaits action from Democratic Gov. John Carney.
House Bill 2, otherwise known as the Delaware Marijuana Control Act, regulates and taxes adult-use sales, promotes equity and inclusion in the legal industry from communities disproportionately impacted by cannabis prohibition, and reinvests a portion of tax revenue into disproportionately impacted communities.
Update: Update: HB 556 has passed the House. SB 516 was amended and passed by the Senate Finance Committee. As amended, the Senate bill imposes different tax rates than those approved by the House.
House Bill 556 and Senate Bill 516 regulate cannabis sales for adults 21 and older by allowing select cannabis businesses to serve both medical patients and adults. The bills create an avenue for on-site consumption licenses where consumers over 21 can purchase and consume cannabis in a social setting. Additionally, the legislation institutes certain parental and personal protections for medical and adult-use consumers.
The bills also increase the amount of cannabis that registered medical patients may possess up to four ounces of flowers, 36 grams of THC-infused products, and up to four plants for home cultivation.
Under state law, patients are not currently allowed to cultivate plants in their homes.
UPDATE: HB 639 was amended and passed by the House Commerce and Consumer Affairs Committee and the House Ways & Means Committee. It heads to the House to be voted on a second time before being considered by the Senate.
As amended, HB 639 allows adults 21 and older to purchase, possess, and gift up to four ounces of cannabis. The newly renamed Liquor and Cannabis Commission will be responsible for regulating the marijuana market and issuing business licenses. Sales to adults would be subjected to the 8.5% Meals and Rooms Tax.
Senate Bill 346 allows adults 21 and over to purchase, possess and consume up to two ounces of cannabis flower, 2000mg of cannabis packaged products, and 15 grams of concentrated cannabis. Residents may grow and cultivate up to 6 plants. The bill outlines an automatic expunction process for individuals previously charged with cannabis possession felony and misdemeanor charges. Additionally, the bill will create a medical cannabis program.
UPDATE: SB 51 unanimously passed the Senate Business, Professions, and Economic Development Committee.
SB 51 authorizes the Department of Cannabis Control (DCC) to issue a provisional retail license for local cannabis equity applicants for up to five years if the applicant meets the requirements of the Department.
House Bill 115 bars discrimination or other adverse consequences initiated by an employer resulting from a positive cannabis test for those who are participants in the state’s medical marijuana program.
UPDATE: HB 1071 was passed by the House by a vote of 98 to 34. It is now scheduled for a hearing in the Senate Judicial Proceedings Committee.
House Bill 1071 prohibits the odor of cannabis, the suspicion of the possession of cannabis, and the presence of money near cannabis, from being considered probable cause for police to search a person’s vehicle.
Update: HB 980 passed the House Judiciary Committee with amendments. It is now scheduled for a hearing in the Senate Judicial Proceedings Committee.
House Bill 980 prohibits defendants in the pretrial, probation, and parole processes from having their release revoked solely because of their use of cannabis.
Update: SB 653 passed the Senate 34 to 11. It now awaits action from the House Judiciary Committee.
Senate Bill 653 protects parents who legally use cannabis from prosecution for child neglect f. The bill codifies into law that “neglect does not include the use of cannabis by a parent or individual who has permanent or temporary care or custody or responsibility supervision of a child.”
House Bill 1790 facilitates the automatic review and expungement of certain low-level cannabis possession convictions.
House Bill 1787 creates a system of automatic expungement for juveniles and adults currently awaiting trial for a marijuana-related charge. Charges related to possession, cultivation, and intention to distribute under the legalized or decriminalized limit will be processed for automatic expungement.
House Bill 1819 creates an expungement procedure for people in the legal system’s pretrial and detention process. Individuals who believe the court has failed to properly expunge a record created as a result of their criminal court appearance can petition the court for the expungement of their conviction. If denied, the court has to explain why the petition was denied.
House Bill 121 permits curbside pickup for medical and recreational marijuana sales. An establishment wishing to implement curbside pickup procedures must seek approval from the town or city where the establishment is located.
House Bill 1955 protects all employees, prospective or established, from discrimination or retaliation based upon their legal use of cannabis. This bill prohibits employers from testing their employees without the individual employee’s express consent, and employment may not be hinged on the results of the test (both concerning termination and hiring).
Assembly Bill 170 decreases the penalties for minors found in possession of up to 3.5 g of cannabis concentrate from a felony to a misdemeanor.
UPDATE: HB 1563 was passed by members of the House 63 to 32. The bill was more recently approved by members of the Senate Committee on Labor & Commerce. It now heads to the Senate floor.
House Bill 1563 provides protections for medical cannabis users in Washington. If passed, qualifying patients who hold valid authorization but who have not been entered into the medical cannabis authorization database and have not been issued a recognition card will be protected from arrest.
BILLS NORML OPPOSES
UPDATE: SB546 is scheduled for a hearing in the Senate Business, Labor, and Economic Affairs Committee.
Senate Bill 546 raises the tax on medical marijuana products from 4% to 20% and imposes new, lower THC caps on certain extracts and other products.
UPDATE: SB 440 has passed the Senate 43 to 4. The bill now heads the House.
Senate Bill 440 imposes limits on the THC potency of medical marijuana products and prohibits licensed medical marijuana dispensaries from selling medical marijuana products that exceed those potency limits.
UPDATE: HB 1202 failed to pass the House with the required two-thirds majority.
House Bill 1202 sought to cap the THC potency of certain edible cannabis products available via the state’s medical marijuana access program.
UPDATE: Republican Governor Kristi Noem has signed the following bills into law.
SD1 authorizes medical cannabis access to patients with the following qualifying conditions: AIDS/HIV, ALS, Multiple sclerosis, Cancer or its treatment, if associated with severe or chronic pain, nausea or severe vomiting, cachexia or severe wasting, Crohn’s disease, Epilepsy, and seizures, or Post-traumatic stress disorder. However, it limits patients and other third parties from petitioning for the addition of future qualifying conditions.
SB3 specifically excludes pregnant and breastfeeding women from being issued a medical cannabis card.
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