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
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]
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]
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.
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
State, territory, or district
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]
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]
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]
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]
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]
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 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]
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.
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]
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]
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]
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]
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]
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]
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]
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]
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]
^A.J. Herrington (January 4, 2023). "U.S. Virgin Islands Lawmakers Pass Cannabis Legalization Bill". High Times. Senators in the U.S. Virgin Islands voted to legalize cannabis for adults last week, making the Caribbean territory the 21st jurisdiction in the United States to end the prohibition on recreational marijuana.
^Natalie Fertig (November 16, 2022). "Congress sends first weed bill to Biden". Politico. Passage of the legislation signaled a new era in federal cannabis policy: It's the first standalone marijuana-related bill approved by both chambers of Congress.
Joshua Weiss; Osiris Morel (January 10, 2023). "Cannabis in 2023: Here to Stay, but Major Challenges Remain". Cannabis Industry Journal. Edgartown, Massachusetts: Innovative Publishing Company. [W]e recap some of the big moments of 2022 and what to expect in 2023
