Last updated: June 08, 2023
Because less than half of U.S. states allow citizen-initiated ballot measures, in most states, the only way to reform cannabis laws is via the state’s legislature. Polls show over two-thirds of Americans support making cannabis use legal and around 90% support allowing medical cannabis, but lawmakers lag far behind the public.
Only 23 states have legalized cannabis for adults, and only nine of those laws have been enacted by state legislatures (two additional states’ legislatures referred the issue to voters). Meanwhile, 12 states are even further behind the times — lacking even a medical cannabis law. And 19 states continue to jail their residents for even simple possession of cannabis.
Legislatures across the country are considering cannabis-related bills this legislative session, and several have made it past the finish line. This year, Kentucky became the 38th medical cannabis state, while Delaware and Minnesota became the 22nd and 23rd adult-use legalization states. Other reforms in 2023 include Maryland lawmakers legalizing adult-use cannabis sales and Washington state lawmakers limiting discrimination against cannabis consumers in the hiring process. Several other bills are still moving through the process, including a medical cannabis bill in North Carolina.
Here is a list of states where bills have been proposed to legalize cannabis for adults, to decriminalize cannabis (i.e., issuing a fine-only ticket for simple possession), or to legalize medical cannabis. You can find additional cannabis policy bills — including to expand existing decrim and medical cannabis laws — at the bottom of each of our state webpages, courtesy of BillTrack50.
States with proposed bills to legalize cannabis for adults: 20 — two of which are now law
In addition, a legalization ballot measure fell short on the March 7, 2023 ballot in Oklahoma, where turnout was less than 25%. In Ohio, the first stage of signature gathering for a ballot measure is complete and the second phase of signature gathering is underway to put the measure on the November 2023 ballot. Twenty-three states, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have already passed laws to legalize and regulate cannabis.
States with decriminalization bills: 6
Alabama — SB42 would make a possession of under one ounce a civil fine only and reduce penalties for possession for an ounce or more. SB 42 also allows for expungement after five years with no criminal violations.
Georgia — SB 30 would have reduced penalties for possession of up to half an ounce of cannabis to a misdemeanor fine-only offense. The legislature adjourned without advancing it.
Thirty-one states and Washington, D.C. have decriminalized or legalized cannabis possession. Check out MPP’s report on the 19 states that have not even stopped jailing cannabis consumers.
States with bills to create comprehensive medical cannabis programs: 10 (one of which is now law)
Georgia — HB 337 would establish a comprehensive medical program. The legislature adjourned without advancing it, but it will carry over to 2024.
Idaho — H 370 would have created the Idaho Medical Cannabis Act. The legislature adjourned without advancing it.
Thirty-eight states, (including Kentucky which passed this year), D.C., Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have effective medical cannabis laws.
If you live in a state that still prohibits cannabis and no lawmakers have taken the lead to change that, send your state legislators a note to ask them to stand up for humane and sensible cannabis policies. Take a few moments to email them in support of medical cannabis, decriminalization, or legalizing and regulating cannabis.
If you live in a state that has already legalized and regulated cannabis for adults, check out the state’s page to find out what bills are pending to improve (or undermine) the law.