2022 Cannabis Policy Reform Legislation

Last updated: April 11, 2022

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. With polls showing that 68% of Americans support making cannabis use legal and around 90% support allowing medical cannabis, lawmakers are finally starting to get the message that constituents want them to act on sensible and humane cannabis policies.

Yet, legislatures still lag far behind the public. Only 18 states have legalized cannabis for adults, and only six of those laws have been enacted by state legislatures (in a seventh state, New Jersey, the legislature itself referred the issue to voters). Meanwhile, 13 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.

So far, one medical cannabis law has made it past the finish line this year: On February 2, 2022, Mississippi Gov. Tate Reeves (R) signed into law SB 2095, sponsored by Sen. Kevin Blackwell, to restore voters’ will by creating a medical cannabis program. (The court had thrown out a voter-enacted medical cannabis law, along with the state's entire voter initiative process.)

Meanwhile, the Maryland Legislature referred a simple state constitutional amendment to voters that will appear on the November ballot. The legislature also enacted companion legislation that will set up first steps toward legalization if voters approve the simple constitutional amendment.

Dozens of other bills are pending to advance sensible and compassionate state cannabis policies, while dozens more have died.

Here is a list of states where bills were considered in 2022 to legalize cannabis for adults, to decriminalize cannabis (i.e., by issuing a fine-only ticket for simple possession), or to legalize medical cannabis.

Cannabis Legalization Legislation

States with proposed bills to legalize cannabis for adults: 25 (one of which passed, referring legalization to the ballot)

Delaware — HB 305 would have legalized and regulated cannabis for adults 21 and older. On March 10, 2022, it received a majority vote on the House floor, but was two votes shy of the needed supermajority because it includes fees and taxes. (The vote count was 23 yes, 14 no, and 4 not voting.) On March 31, 2022, two new bills were introduced — HB 371 and HB 372. HB 371 would simply legalize possession of up to one ounce of cannabis for adults 21 and older and only requires a simple majority (21 votes). HB 372, which is largely identical to HB 305, would regulate and tax adult-use sales and needs 25 votes.
Florida — H 467, H 549, H 551, S 776, S 1624, S1626, S 1696, and S 1658 all died in committee. The legislature has adjourned its session.
Georgia — HR 281 and SR 165 would have referred to voters a constitutional amendment to legalize and regulate cannabis for adults 21 and older; SB 263 would have set up a regulatory framework to legalize and regulate cannabis for adults if voters approved a legislatively referred constitutional amendment to legalize and regulate cannabis. None of the bills advanced before crossover.
Hawaii — SB 767, HB 1202, HB 238, SB 1376, SB 704, and HB 7 would legalize and regulate cannabis for adults. The Senate approved SB 767 in a 20-5 vote on March 9, 2021 but included an effective date more than 100 years in the future. The bills carried over to 2022, but all have died after legislative deadlines passed.
Indiana — HB 1311 and SB 414 would have legalized and regulated cannabis for adults 21 and older; HB 1070 and SB 324 would have legalized possession but not sales; HB 1049 would not have legalized cannabis, but it would have created an advisory commission to “regulate the growth, processing, distribution, and sale of legal cannabis in Indiana;” HB 1212 would have legalized adult and medical use of cannabis, but only after federal law changes. The legislature adjourned without advancing any of the bills out of committee.
Iowa — SF 83, HF 751, SF 406, and SF 83 would have legalized adults' possession of up to an ounce; HF 751 and SF 406 would have legalized and regulated cannabis and expunged convictions. In addition, three senators introduced a resolution bill — SJR2003 — to refer to voters a constitutional amendment to legalize cannabis. All of the measures died when legislative deadlines passed.
Kansas — HB 2430 would have legalized and regulated cannabis for adults. HCR 5025 would have referred to voters a constitutional amendment legalizing and regulating cannabis for adults. None of the bills advanced before Kansas’ crossover deadline.
Kentucky — HB467 and HB461 would have legalized and regulated cannabis for adults. Neither bill advanced before the crossover deadline.
Louisiana — HB 125 and HB 430 would legalize and regulate cannabis for adults 21 and older.
Maryland — HB 1 refers to voters a constitutional amendment to legalize cannabis possession starting in July 2023. It passed by far more than the required three-fifths supermajority (29-17 in the Senate and 94-39 in the House). A companion bill, HB 837, includes some details but would not set up a licensing and regulatory system — that would come at a later date. HB 837 also passed both chambers by a lopsided margin. On April 7, 2022, Gov. Hogan allowed HB 837 to become law without his signature. (HB 1 did not require the governor’s approval.) Two Senate bills — SB 692 and SB 833 — would have created a comprehensive legalization law with licensing and legal sales. SB 833 was amended to mirror HB 837, and SB 692 did not advance out of committee. The legislature adjourned on April 11.
Minnesota — SF 757, HF 1511, SF 2067, and HF 600 would legalize and regulate cannabis for adults. On May 13, 2021, the House approved HF 600 to legalize cannabis in a 72-61 vote. The bills carried over to 2022.
Mississippi — SB 2183, HB 746, and SB 2241 would have legalized cannabis for adults. All three died in committee.
Missouri — HB 2704 would have legalized and regulated cannabis for adults; HJR 83 would have referred a constitutional amendment on legalizing cannabis to voters. None of the bills advanced before crossover.
Nebraska — LB 546 would legalize and regulate cannabis for adults; LR2CA, if approved by the legislature, would refer a constitutional amendment on legalizing cannabis to voters. The bills carried over from 2021.
New Hampshire — HB 629, which carried over from 2021, would legalize possession and home cultivation of cannabis. The House of Representatives sent the bill to the Senate on January 6, 2022, in a 241-113 vote. In a 235-119 vote on February 16, 2022, the House approved HB 1598, which would legalize cannabis for adults 21 and older but would require sales to occur in state-run stores (which would be preempted by federal law). HB 1598 was then referred to the House Ways and Means Committee, which amended and then passed the bill 12-10. The House again passed the bill on March 31, in a narrower vote of 169-156. It was then referred to the Senate Ways and Means Committee. Meanwhile, HB 1348 would have legalized personal possession and cultivation for adults 21 and older without establishing a legal, regulated market, but it was laid on the table; HB 1468 would have legalized personal possession of an unlimited amount for adults 18 and older without establishing a legal, regulated market, but it was laid on the table; and three constitutional referrals were stalled after being voted inexpedient to legislate or laid on the table: CACR 20, CACR 34, and CACR 35.
North Carolina — H576, H617, and S646 would legalize and regulate cannabis for adults. They did not advance before the legislature adjourned in 2021. It reconvenes on May 18, 2022, and the bills carry over.
Ohio — HB 382, HB 498, and HB 210 have been introduced and referred to committees.
Oklahoma — HB 3754 would have legalized and regulated cannabis for adults; HB 1961 would have referred to voters a constitutional amendment legalizing and regulating cannabis for adults. Neither advanced before the crossover deadline.
Pennsylvania — HB 1180 and HB 2050 would legalize and regulate cannabis for adults. Both carried over from 2021. Senate Law and Justice Committee Chair Sen. Mike Regan (R) has circulated a cosponsorship memo for a legalization bill he is crafting and held a series of three hearings on legalization in February and March 2022.
Rhode Island — H 7123 is an appropriations bill that includes adult-use legalization; S 2430 and H 7593 are adult-use legalization and regulation bills. The Senate Judiciary Committee held a hearing on S 2430 on March 15, 2022.
South Carolina — S 335 would legalize and regulate cannabis for adults; S 268 would create an advisory referendum on legalization in 2022. Neither advanced before the crossover deadline.
South Dakota — SB 3 would have legalized and regulated cannabis for adults. It passed the Senate (18-17) but was defeated in the House on March 3, 2022 (28-40). Voters approved a legalization initiative in November 2020, but the state Supreme Court overturned it.
Tennessee — HB 1968, SB 2598, HB 1587, and SB 1477 would legalize, regulate, and tax adult-use cannabis; HB 1099 would legalize cannabis upon federal legalization.
West Virginia — SB 15, HB 2291, and HB 2912 would have legalized and regulated cannabis for adults. The legislature adjourned without any of the bills making it out of committee.
Wisconsin — SB 545 would have created a medical cannabis program, in addition to legalizing and regulating cannabis for adults. The legislature adjourned without SB 545 making it out of committee.

In addition, efforts are underway to put citizen initiatives to legalize cannabis for adults on the ballots in several states, including Arkansas, Missouri, North Dakota, Ohio, Oklahoma, and South Dakota. Eighteen states have already passed laws to legalize and regulate cannabis (four of which did so in 2021): Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, and Washington.

Bills to Remove Possible Jail Time — Often Imposing a Fine — for Simple Possession (“Decriminalization”)

States with decriminalization bills: 10

Alabama — SB 160 would have reduced the penalty for possession of less than two ounces to a violation and $250 fine for a first offense, $500 for a second offense, and $750 for a third offense. However, despite being fine-only penalties, a first and second offense would have been misdemeanors, and a third offense would be a Class D felony. On February 16, 2022, the bill passed the Senate Judiciary Committee in a 5-4 vote. The legislature adjourned without it receiving a floor vote.
Florida — H 957, H 725, and S 470 all died in committee. The legislature has adjourned its session.
Georgia — SB 77 would have reduced the penalty for possession of up to a half-ounce of cannabis to a fine of up to $300, but it would have remained a misdemeanor. Two other bills, HB 809 and SB 77, would have authorized local decriminalization penalties. None of the bills advanced before crossover.
Iowa — HB 648 would have removed jail time for possession but would have imposed a misdemeanor conviction and a hefty fine of between $105 and $855; SB 407 would have reduced various penalties involving cannabis, including reducing the penalty for adults 21 and older possessing up to half an ounce of cannabis to a $100 civil fine. HB 648 and SB 407 carried over from 2021, but both died when legislative deadlines passed.
Pennsylvania — SB 107 would reclassify possession of a small amount of cannabis from a misdemeanor to a summary offense carrying a $25 fine. Public use would be a $100 fine. HB 204 would reduce the penalty for possession of a small amount of cannabis to a fine of up to $100. The bills carried over from 2021.
South Carolina — H 3228 (civil citation for up to 28 grams) and H 3571 (civil citation for up to 28 grams, penalty decrease for other drug offenses). The bills carried over from 2021 but did not advance before crossover.
Tennessee — HB 413 and SB 1439 would decriminalize possession and casual exchange of up to an ounce of cannabis. Both carried over from 2021.
West Virginia — SB 591 would have reduced the penalty for possessing less than 15 grams of cannabis to a civil fine of no more than $25. SB 26 would have reduced the maximum penalty for possession of cannabis to no more than $1,000 without confinement. The legislature adjourned without either of the bills making it out of committee.
Wisconsin — SB 790, SB 164, AB 130, and AB 812; SB 790 would have imposed a $100 fine for possession of up to 14 grams of cannabis, while SB 164 and AB 130 would have imposed a fine of up to $100 for possession of up to 10 grams. AB 812 would have reduced the penalty for up to 14 grams of cannabis to no more than a $250 fine or 40 hours of community service in lieu of the fine. The legislature adjourned without any of the bills making it out of committee.
Wyoming — HB 106 would have reduced the penalty for up to three ounces of cannabis (and specified amounts of concentrates and infused products) to a $100 fine. House Speaker Eric Barlow (R) cosponsored the bill, but it was not considered before adjournment.

Thirty-one states and Washington, D.C. have decriminalized or legalized cannabis possession.

Effective Medical Cannabis Bills

States with bills to create comprehensive medical cannabis programs: 11 (one of which is now law)

Georgia — SB 264 would have created a comprehensive medical cannabis law, and HB 738 would have amended the state's low-THC law to be a comprehensive medical cannabis law. Neither advanced before crossover.
Indiana — HB 1026, HB 1214, HB 1547, and SB 321; none advanced out of committee before the legislature adjourned.
Kansas — SB 92, HB 2184, SB 315, HB 2436, SB 287, and SB 560; on March 29, 2021, the House Federal and State Affairs Committee advanced HB 2184 in a 13-8 vote. The House approved a bill that had been amended to be a medical cannabis bill (SB 158) on May 6, 2021 in a 79-42 vote. The bills carried over to 2022. HCR 5026 would refer to voters a constitutional amendment to allow medical cannabis. SB 560 was introduced on March 11, 2022 and began receiving hearings in the Senate in the Committee on Federal and State Affairs on March 16, 2022.
Kentucky — On March 10, 2022, the House Judiciary Committee advanced HB 136 in a 15-1 vote. It is now ready for a House floor vote.
Mississippi — Gov. Tate Reeves (R) signed SB 2095 into law on February 2, 2022. The House had approved the final bill in a 103-13 vote, with the Senate passing it 46-4-1. A summary is available here. The new law replaces a 2020 voter-enacted initiative that the state Supreme Court threw out on a technicality.
Nebraska — LB 474 fell two votes short of a cloture vote in 2021; it carries over to 2022. Another bill — LB 1275 — purports to legalize medical cannabis but does not provide for in-state production of cannabis, among other concerning provisions. Without federal reform allowing interstate commerce, the bill will not provide access to medical cannabis.
North Carolina — S 669 and S 711. S 711. On August 18, 2021, the Senate Judiciary Committee approved revisions to SB 711. The bill has additional committees to clear, and the legislature adjourned for the year without those votes occurring. However, the legislature reconvenes on May 18, 2022, and both bills carry over.
South Carolina — S. 150 and H. 3361; on February 9, 2022, the Senate approved S. 150 on second reading in a 28-15 vote; the following day it approved the bill on third reading in a voice vote. On April 7, 2022, the House “3M” Committee passed the bill in a 15-3 vote. It is now pending on the House floor.
Tennessee — SB 854, SB 25, HB 666, and HB 621; all of the bills were introduced in 2021 but carried over to 2022.
Wisconsin — SB 545 would have created a medical cannabis program, in addition to legalizing and regulating cannabis for adults. It did not advance out of committee before the legislature adjourned.
Wyoming — HB 143 was a bipartisan medical cannabis bill, cosponsored by House Speaker Eric Barlow (R). The legislature adjourned without acting on the bill.

Thirty-seven states, D.C., Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have effective medical cannabis laws. Three additional states — Georgia, Iowa, and Texas — have more limited laws that allow regulated access to low-THC medical cannabis preparations.

Don't see your state?

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.

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