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Last updated: May 6, 2020

 

This year, dozens of cannabis policy reform bills were introduced in state legislatures across the country, and several major reforms appeared poised for passage as of early March. However, the coronavirus derailed most of the bills that had not already passed. A number of states paused their legislative sessions in order to promote social distancing to slow the spread of the pandemic, and many adjourned early. The National Conference of State Legislatures is doing excellent work tracking legislatures that are pausing or adjourning sessions, allowing remote voting, or otherwise modifying their schedules and procedures in times of the virus.

The below lists states where bills have been introduced to adopt new laws to legalize marijuana for adults, to adopt effective medical marijuana laws, or to replace possible jail time with fines for marijuana possession. Click on the state names below to learn more about efforts in your state and to take action in support of marijuana policy reform. 

Of particular note:

  • Virginia’s legislature passed a bill to decriminalize up to an ounce of marijuana, imposing a $25 fine instead of possible jail time. On April 11, Gov. Ralph Northam recommended amendments. On April 22, the legislature rejected two of the amendments and accepted the rest. The bill is back on Gov. Northam’s desk.
  • In Vermont, the Senate and House approved different versions of S. 54, a bill to legalize and regulate marijuana sales (possession and cultivation is already legal). A conference committee was appointed to harmonize the bills. The House speaker said the legislature will continue its work on the issue in August.
  • In New York, for the second year in a row, Gov. Andrew Cuomo (D) proposed including legalization in the state's budget. However, the budget ultimately did not include it. The legislative session is on hiatus, and it is unlikely — but possible — that legalization will be taken up this year. 
  • Connecticut's governor sponsored a legalization bill for the first time in 2020. However, the legislative session was also disrupted by virus-related precautions. There might be a possibility of the legislation being taken up during a special session.
  • Alabama’s Senate and Kentucky’s House of Representatives both approved medical cannabis bills, but both were derailed by the virus. 

Only 23 states allow citizen-initiated ballot initiatives, meaning in most states the only way to reform marijuana laws is via the legislature. With polls showing that 67% of Americans support making marijuana use legal and around 90% support allowing medical marijuana, lawmakers are increasingly getting the message that constituents want them to act on sensible and humane marijuana policies.

In times of this pandemic, it is all the more apparent that finite government resources shouldn’t be wasted on cannabis prohibition. And states could use the economic growth and tax revenue that come with marijuana legalization in these challenging times.

Marijuana Legalization Legislation

States with bills to legalize — and in most cases regulate — marijuana for adults: 22 and the U.S. Virgin Islands

  • Arizona (HB 2657; the legislative session is currently suspended)
  • Connecticut (Governor's Bill No. 16; the legislative session is currently suspended, and the legislature is not expected to take up most issues this session)
  • Delaware (HB 110; the House Revenue and Finance Committee advanced the bill in an 8-3 vote on June 5, 2019; the legislature is currently suspended)
  • Florida (S 1860, H1389; the legislature adjourned and both bills are dead)
  • Georgia (HB 1150; the legislature was scheduled to adjourn on April 3, prior to that date the session was suspended indefinitely)
  • Hawaii (HB 1515, HB 1581, HB 708, SB 606, SB 686, and SB 702; the legislature suspended session indefinitely)
  • Iowa (SF 469, HF 2208; the legislature is currently suspended)
  • Kentucky (HB 148, SB 105; the legislature has largely suspended session but will return for one or two days to focus on the budget before adjourning on April 15)
  • Louisiana (HB 626 would regulate sales, but does not seem to remove criminal penalties; HB 546 would put a legalization question on the 2020 ballot; the legislature returned to session on May 4)
  • Maryland (HB 1400; the General Assembly adjourned three weeks early on March 18)
  • Minnesota (HF 4632, HF 2285, HF 265, HF 465, SF 2840, SF 619, and HF 420; HF 265 and HF 465 propose a constitutional amendment that would go to voters in 2020; the Senate bills were voted down in committee in a 6-3 vote)
  • Mississippi (SB 2497; the legislature suspended session indefinitely)
  • Missouri (HB 1978)
  • New Hampshire (HB 1648, HB 1663, and HB 481; on January 28, 2020, the House Criminal Justice and Public Safety Committee voted 13-7 to recommend passage of HB 1648, which legalizes possession and cultivation, but not sales; it now heads to the House floor; the legislative session is currently suspended)
  • New Mexico (HB 160, SB 115; the Senate Public Affairs advanced SB 115 in a 4-3 vote; however, it was voted down 6-4 in Senate Judiciary; the legislature has adjourned for the year)
  • New York (A. 1617, A. 9509, S. 1527, and S. 7509; the legislature suspended session indefinitely)
  • Pennsylvania (HB 50, HB 1899, SB 527, and SB 350; the legislature is allowing lawmakers to choose to vote remotely)
  • Rhode Island (H 7171; the legislative session is currently suspended)
  • Tennessee (HB 2389, SB 1849; HB 235 and SB 256 would legalize under an ounce of marijuana, without legalizing sales or cultivation; HB 1610 and SB 1898 would legalize marijuana possession statewide and allow local initiatives to legalize and regulate it; the legislative session is currently suspended)
  • Virginia (HB 269, HB 87; would have legalized simple possession of marijuana without legalizing sales or cultivation; while the legalization bills did not advance out of committee before the legislature adjourned on March 12, the legislature included a study of legalization in a decriminalization bill that passed)
  • West Virginia (HB 2331, HB 2376, HB 4195, and HB 4625; these bills did not advance before the legislature adjourned on March 7)
  • Wisconsin (SB377, AB 220, and AB 930; the Senate postponed session and the Assembly adjourned)
  • U.S. Virgin Islands (19-0061)

In addition, the New Jersey Legislature placed legalization on the November 2020 ballot, and a voter initiative to legalize and regulate cannabis has qualified for the ballot in South Dakota. In Arizona, a legalization campaign is close to the needed signatures and is engaged in litigation asking to collect them electronically. Other campaigns were also in the works when coronavirus derailed signature drives.

Ten states have already passed laws to legalize and regulate marijuana similarly to alcohol: Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, and Washington. All but Illinois were by ballot initiative. An 11th, Vermont, allows adults to possess and cultivate marijuana, but does not yet allow regulated sales. Vermont’s S. 54 — which has passed both the House and Senate in different forms — would allow and regulate commercial cultivation, product manufacture, and sales. 

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

States with decriminalization bills: 13

  • Alabama (SB 267; the legislature returned to session on May 4 after a two-month break but is focusing solely on the budget)
  • Florida (S 0242; the legislature adjourned and the bill is dead)
  • Indiana (SB 114; the legislature adjourned on March 11, and the bill is dead)
  • Iowa (HF 93; the legislature adjourned and the bill is dead)
  • Kentucky (HB 221; the legislature suspended most of its session and adjourned on April 15)
  • Louisiana (HB 49; the legislature returned to work on May 4)
  • New Jersey (S 2101, S 312, and A 1897; lawmakers approved a measure allowing for remote voting)
  • Oklahoma (HB 2614; the regular session was suspended)
  • South Carolina (H 3276 and H 4313; the regular session was suspended)
  • Tennessee (HB 235 and SB 256; the legislative session is currently suspended)
  • Virginia (HB 265, HB 301, HB 481, and SB 2; SB 2 passed the Senate 27-13 on February 11 and the House amended and then passed the bill 63-25 on February 26; a reconciled bill was presented to Gov. Northam, who requested several amendments; on April 22, the legislature rejected two of the amendments, and the bill heads back to the governor)
  • West Virginia (SB 100; this bill did not advance before the legislature adjourned on March 7)
  • Wisconsin (AB 1004; the Senate session has been postponed and the Assembly adjourned)

Twenty-six states and Washington, D.C. have decriminalized or legalized marijuana possession.

Effective Medical Marijuana Bills

States with bills to create comprehensive medical cannabis programs: 12

  • Alabama (SB 165; on March 13, the Alabama Senate approved the bill in a 22-11 vote; the legislature returned to session on May 4 after a two-month break but is focusing solely on the budget)
  • Georgia (SB 232; the legislature was scheduled to adjourn on April 3, prior to that date the session was suspended indefinitely)
  • Indiana (HB 1041, HB 1163, and HB 1216; the legislature adjourned on March 11, and the bills are dead)
  • Iowa (SF 104 and HF 221; the legislature is currently suspended)
  • Kansas (HB 2163, SB 113, HB 2303, SB 195, HB 2740, HB 2742, and SB 113; the legislature is currently suspended)
  • Kentucky (HB 136, SB 107; the House of Representatives approved HB 136 in a 65-30 vote on February 20; the legislature suspended most of its session and then adjourned on April 15)
  • Mississippi (SB 2498, HB 1213, HB 1411, and HC 39; the bills died in committee; however, HC 39 was approved — it places a competing, more restrictive medical cannabis initiative on the ballot, which could jeopardize the odds of either medical cannabis measure passing)
  • Nebraska (LB 110; passed the unicameral legislature’s Judiciary Committee on May 10 in a 5-1 vote, with one absent and one present but not voting; the legislature is adjourned until further notice)
  • North Carolina (HB 401; the legislature is meeting with measures in place to reduce the risk of spreading the coronavirus)
  • South Carolina (H. 3660, S. 366, H. 3081, and H. 3272; S. 366 passed a Senate Medical Affairs subcommittee and is in the full committee; committee meetings in both chambers were scheduled for mid-March but have been cancelled or postponed due to the coronavirus)
  • Tennessee (SB 486, HB 637, HB 2741, and SB 2441; the legislative session is currently suspended)
  • Wisconsin (AB 750, SB 683, and SB 377; SB 377 would allow both medical and adult-use cannabis; the Senate session has been postponed and the Assembly adjourned)

In addition to states where legislatures are considering medical marijuana, some states’ voters will have the opportunity to consider the issue themselves. Medical marijuana initiatives have qualified for the November 2020 ballot in South Dakota and Mississippi. Advocates in Idaho and Nebraska aim to complete signature drives to put medical cannabis measures on the ballot.

Thirty-three states, D.C., Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have effective medical marijuana laws.

Don't see your state?


If you live in a state that still prohibits marijuana 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 marijuana policies. Take a few moments to email them in support of medical marijuana, decriminalization, or legalizing and regulating marijuana. And wherever you live, please ask your member of Congress and U.S. senators to support legislation to protect individuals who are complying with state medical marijuana and legalization laws.