Nearly half of all Americans now live in states that have reformed their marijuana laws by allowing medical marijuana, imposing a fine — not possible jail time — on marijuana possession, or making marijuana legally available and regulated for adults’ use. Lawmakers have filed bills in 22 states to make one or more of those reforms, and additional bills are expected.
Medical Marijuana Bills (to create new laws, not to revise existing laws)
Alabama — Rep. Patricia Todd introduced HB 2, which would have allowed patients with qualifying conditions and physicians’ certifications to cultivate medical marijuana or designate a caregiver to do so. They would have also been allowed to purchase it from a dispensing center or delivery service. On February 6, the House Health Committee voted against advancing the bill to the floor.
Illinois — Deputy Majority Leader Lou Lang pre-filed two medical marijuana bills, HB 1 on January 9 and HB 1076 on January 31.
Iowa — Rep. Bruce Hunter and Sen. Joe Bolkcom introduced HF 22 and SF 79. The bills would allow patients with qualifying conditions and physicians’ certifications to cultivate medical marijuana or designate a caregiver to do so. Patients would also be allowed to purchase their medicine from nonprofit dispensaries. Each bill has been assigned to a subcommittee.
Kansas — On January 14, Sen. David Haley introduced SB 9, which would allow patients with serious medical conditions and their physicians to obtain, use, and cultivate marijuana with their doctors’ approval. Patients would also be allowed to purchase it from a dispensary, called a “compassion center.” His bill was referred to the Committee of Public Health and Welfare, where Sen. Mary Pilcher-Cook said she would not grant it a hearing. Sen. Haley announced plans to introduce a medical marijuana amendment to another bill, SB 39, which will go to Judiciary Committee instead. The House Standing Committee on Vision 2020 also introduced medical marijuana legislation, HB 2198, which has been referred to the Committee on Federal and State Affairs.
Kentucky — Sen. Perry Clark sponsors SB 11, which would create a comprehensive medical marijuana law, allowing qualifying patients with their doctors’ recommendations to cultivate medical marijuana or designate a caregiver to do so. Patients could also obtain marijuana from a registered dispensary. SB 11 was referred to the Senate Judiciary Committee.
Maryland — Del. Cheryl Glenn introduced HB 180 and HB 302. HB 180 and its Senate companion, SB 580, would allow caregivers to raise an affirmative defense for possession of marijuana. Currently, patients may raise the affirmative defense for possession. HB 302 would be a comprehensive law, allowing qualifying patients with their doctors’ recommendations to cultivate medical marijuana or to designate a caregiver to do so. Patients could also obtain marijuana from a registered compassion center (dispensary). Del. Dan Morhaim, M.D. introduced two bills — HB 1100 and HB 1101, based on the recommendations of a governor-appointed 2011 medical marijuana work group. The bills were jointly referred to the House Health and Government Operations and the House Judiciary Committees. The House Judiciary Committee reported HB 180 favorably.
Minnesota — A bill to allow a medical necessity defense,
HF 508, was introduced and referred to Public Safety Finance and Policy. A comprehensive medical marijuana bill, with protection from arrest and dispensaries, is anticipated as well.
Mississippi — SB 2369, sponsored by Sen. Deborah Dawkins, would have allowed patients to use, possess, and grow medical marijuana with their doctors’ recommendations. The bill died in the Senate Judiciary Committee.
New Hampshire — Rep. Donna Schlachman filed HB 573, which would allow qualified patients and their caregivers to possess and purchase marijuana for patients’ medical use. The bill is expected to be amended to include home cultivation. It was referred to the House Health, Human Services and Elderly Affairs Committee.
New York — Sen. Velmanette Montgomery sponsors SB 1682, which would allow qualified patients to possess and purchase marijuana for their medical use. They could also designate caregivers to assist them and could purchase marijuana from registered organizations. The bill was referred to the Senate Health Committee on January 8.
North Carolina — H.B. 84, sponsored by Rep. Kelly Alexander, would allow qualified patients and their caregivers to possess, cultivate, and purchase marijuana for patients' medical use.
Oklahoma — Sen. Constance Johnson sponsors SB 710, which would allow patients whose doctors recommend medical marijuana to use, cultivate, and purchase it. Sen. Johnson also filed SB 902, legislation that calls upon the State Board of Medical Licensure and Supervision to establish a medical marijuana program. Unfortunately, that bill refers to the “prescription” of marijuana, making it ineffective. Both bills were referred to the House Health and Human Services Committee.
South Dakota — HB 1227, sponsored by Rep. Dan Kaiser, would have provided patients an affirmative defense they could raise in court to avoid a conviction for medical marijuana possession and use. While this would have been a dramatic improvement for patients, it was not considered a comprehensive medical marijuana bill since it would not have provided a means of access. On February 5, the House Health and Services Committee voted 7-6 to kill the bill.
Texas — Rep. Elliott Naishtat has introduced HB 594, which would give patients whose doctors recommend medical marijuana a defense in court.
West Virginia — HB 2230, sponsored by Del. Mike Manypenny, would allow qualifying patients to possess and cultivate marijuana for their medical use. They could also obtain marijuana from a compassion center (dispensary) or a caregiver. HB 2230 was referred to the House Health and Human Resources Committee.
In addition to the states where legislation has already been filed, comprehensive medical marijuana bills are anticipated in Florida, Missouri, Pennsylvania, Tennessee, and Wisconsin.
Bills to Fine, Not Jail, Simple Possession of Marijuana
Indiana — SB 580, sponsored by Sen. Karen Tallian, would make possession of less than two ounces of marijuana a class C infraction punishable by a fine only with no possibility of jail time. The bill, which was referred to the Senate Committee on Corrections and Criminal Law, would also make other reforms to Indiana’s marijuana laws, including allowing hemp. The committee's chair, Mike Young, said the committee will not hear the bill, and that "It's dead for this year."
Hawaii — Sen. Kalani English sponsors SB 472, which would punish possession of up to an ounce of marijuana with a civil fine of up to $100. The bill was referred to the Senate Committee on Judiciary and Labor. In addition, Sen. Donovan Dela Cruz sponsors SB 739, which would impose a civil fine of up to $100 for no more than an ounce of marijuana.
Maryland — SB 297, sponsored by Sen. Robert Zirkin, would reduce the maximum penalty for possession up to 10 grams of marijuana to a $100 civil fine. He also sponsors SB 394, which would make the maximum fine for marijuana possession a $100 civil fine. Both bills were referred to the Senate Judicial Proceedings Committee.
Missouri — Rep. Rory Ellinger has introduced HB 512, which would reduce the penalty for possession of less than 35 grams of marijuana from up to a year in prison to a fine of no more than $250 and a suspended sentence.
New Mexico — HB 465, sponsored by Rep. Emily Kane, would reduce the penalty for first offense possession of up to an ounce of marijuana to a $50 civil fine. A second offense would be petty misdemeanor carrying a $100 fine. It would also impose fines for up to eight ounces of marijuana.
New Hampshire — Rep. Kyle Tasker has proposed HB 621, which would impose a $100 civil fine on possession of under an ounce of marijuana.
New Jersey — S. 1977, sponsored by Sen. Nicholas Scutari, would impose a $50 fine on up to 50 grams of marijuana (about 1.5 ounces). A. 1465, sponsored by Assemblyman Reed Gusciora, was introduced in 2012 and passed the Assembly. The bill would impose civil fines starting at $150 on possession of up to 15 grams of marijuana. Both bills are pending in the Senate Judiciary Committee.
Texas — Rep. Harold Dutton, Jr. sponsors HB 184, which would make up to one ounce of marijuana a class C misdemeanor, punishable by a $500 fine.
Vermont — Sen. Joe Benning introduced S. 48, which would impose a $100 civil fine on adults 21 and older who possess up to an ounce of marijuana. In the House, Rep. Chris Pearson and 38 co-sponsors proposed H. 200, which would impose a civil fine on possession of up to two ounces of marijuana, two mature plants, and seven immature plants. In both bills, a person under 21 would have to complete 10 hours of community service and attend a four-hour drug awareness course. The bills were referred to the judiciary committees. Gov. Peter Shumlin has been a strong proponent of replacing criminal penalties with a civil fine.
Michigan State Rep. Jeff Irwin has announced plans to introduce decriminalization legislation. In New York, SB 3315 would eliminate the “public use” exception to the state’s decriminalization law. Gov. Andrew Cuomo came out in support of eliminating the exception in June and called for the reform in his State of the State address.
Bills to Regulate and Tax Marijuana for Adults’ Use
Hawaii — Speaker Joe Souki has introduced HB 150 and HB 699, which would allow the taxed and regulated sale of marijuana to adults 21 and older. Both bills would also allow adults to cultivate marijuana in a locked, secure facility. Two similar bills have also been introduced. Sen. Kalani English sponsors SB 467, and Sen. Donovan Dela Cruz sponsors SB 738. All of the bills are similar to Colorado’s Amendment 64. On February 12, the House Judiciary Committee deferred action on HB 699, killing the bill.
Massachusetts — Rep. Ellen Story has filed a bill request — HD 138 — "An Act to regulate and tax the cannabis industry." The proposal would allow adults 21 and older to possess and cultivate marijuana. It would allow a regulated, taxed marijuana industry once it is legal under federal law.
New Hampshire — Rep. Steve Vaillancourt proposed HB 492, which would tax and regulate marijuana for adults’ use. It would also allow adults 21 and older to cultivate up to six plants. In addition, Rep. Mark Warden introduced HB 337, which would make marijuana legal.
Rhode Island — On February 6, Rep. Edith Ajello introduced H5274, the Marijuana Regulation, Control, and Taxation Act, which was referred to the House Judiciary Committee. The bill would tax and regulate marijuana sales for adults' use and would allow adults to cultivate up to three mature marijuana plants. Sen. Donna Nesselbush will sponsor a Senate companion bill.
Legislators in Maine (Rep. Diane Russell), Pennsylvania (Sen. Daylin Leach), and Vermont (Sen. Dave Zuckerman) are all also expected to introduce legislation to take marijuana off the criminal market and to tax and regulate its sales. In New Mexico, Sen. Gerald Ortiz y Pino introduced Senate Joint Memorial 31, which would direct the state's Economic Development Department to study the budgetary implications of a legal marijuana industry.
Last updated: February 15, 2013
