The Ongoing Highs & Lows of Weed Legalization in USA

Shane Fame Alexander
The Ongoing Highs & Lows of Weed Legalization in USA

As Canadians, we have enjoyed legalized cannabis since 2018. However, in the USA legalization of adult-use and medical marjuana is still a burning issue. The upcoming election may affect efforts to legalize federally but we aren't holding our breath.

As of 2024, cannabis legalization in the United States is a patchwork of state and federal laws.

  • Medical Use: Cannabis is legal for medical use in 38 states, 4 U.S. territories, and the District of Columbia.  
  • Recreational Use: 24 states, 3 U.S. territories, and the District of Columbia have legalized cannabis for recreational use.  

Legal States Medical Marijuana

Legal Recreational Cannabis

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Illinois
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Jersey 
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island 31. South Dakota
  • Tennessee
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wyoming
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Montana
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Dakota
  • Vermont
  • Virginia
  • Washington
  • Wyoming
  • California (might) Approve Public Consumption

    California is poised to become the first U.S. state to allow cannabis consumption in designated public areas, similar to Amsterdam's famous coffee shops. A bill introduced by Assemblymember Matt Haney aims to reduce black market cannabis sales and boost the legitimate cannabis industry.

    Since the legalization of recreational marijuana in 2016, California has seen significant growth in the legal cannabis market, but the current prohibition on public consumption has limited its potential. The black market for cannabis remains substantial, with estimates suggesting that it still outsells the legal market.

    The proposed legislation would allow licensed businesses to establish cannabis cafes where customers could consume cannabis in a regulated environment. This could provide a new revenue stream for legal businesses and create jobs. However, the American Cancer Society has expressed concerns about the potential health risks associated with public cannabis consumption and has urged Governor Gavin Newsom to veto the bill.

    If passed, the bill is expected to take effect in January 2025. This would make California a pioneer in the United States for allowing regulated cannabis consumption in public spaces.

    Minnesota 

    Minnesota has emerged as a thriving market for low-dose hemp-derived THC beverages, surpassing expectations and outpacing global markets, including Canada and Europe. 

    This unexpected success aligns with the state's legalization of recreational marijuana use, home cultivation, and possession that commenced on August 1.

    Consumers from diverse backgrounds are embracing hemp-derived THC beverages, propelling monthly sales toward the million-dollar mark. This surge is attributed to wider retail access, reduced cannabis stigma, and Minnesota's strategic geographical position, distant from adult-use cannabis markets like Illinois and Michigan.

    Minnesota lawmakers facilitated the expansion of hemp-derived THC products in the state, eliminating the need for a license to sell them, resulting in widespread availability across various retail settings.

    Ohio Approves Recreational Cannabis

    In a landmark decision, Ohio voters have approved a measure legalizing recreational marijuana, making the state the 24th in the nation to allow adult cannabis use for non-medical purposes. The passage of Issue 2 comes after years of debate and defiance of Republican legislative leaders who failed to pass the proposed law.

    "Marijuana is no longer a controversial issue," said Tom Haren, spokesman for the Coalition to Regulate Marijuana Like Alcohol. "Ohioans demonstrated this by passing State Issue 2 in a landslide. Ohioans are being extremely clear on the future they want for our state: adult-use marijuana legal and regulated."

    Under the new law, adults aged 21 and over will be allowed to purchase and possess up to 2.5 ounces of cannabis and grow plants at home. A 10% tax will be imposed on purchases, with the revenue designated for administrative costs, addiction treatment, municipalities with dispensaries, and social equity and job programs supporting the industry itself.

    The journey began when GOP Secretary of State Frank LaRose submitted petitions to the Ohio General Assembly on behalf of the coalition in January 2022, triggering a four-month countdown for lawmakers to act. However, Republican legislative leaders failed to take action, asserting that the group's petitions arrived too late for the 2022 ballots. A lawsuit and settlement followed, leading to an agreement to wait until this year for the vote.

    With the passage of Issue 2, Ohio joins the growing list of states embracing the legalization of recreational marijuana, reshaping the landscape of cannabis policies in the United States.

    Georgia Approves Cannabis in Pharmacies

    Georgia is on the cusp of becoming the first U.S. state to sell medical cannabis products at independent pharmacies. The state has approved low-THC oil for approximately 14,000 registered patients, and around 120 pharmacies have applied for licenses to dispense it.

    The Georgia Board of Pharmacy is currently inspecting these pharmacies to ensure they meet safety standards before granting approval. The state's General Assembly legalized the distribution of low-THC oil in 2019, and the board has finalized rules for its safe and regulated distribution. Governor Brian Kemp recently signed off on these rules, paving the way for this groundbreaking initiative.

    This new access to medical cannabis will benefit patients, especially those in rural areas who may not have easy access to dispensaries. Independent pharmacies can offer personalized care and expertise to patients who need low-THC oil, making it more convenient and accessible for a larger portion of the state's population.

    Patients will need to present a state-approved registry card, which can be obtained with a doctor's recommendation. This move aligns with the growing acceptance of medical cannabis as a legitimate treatment option and could help reduce the illegal sale and use of cannabis in Georgia.

    Oklahoma Rejects Recreational

    On March 7, Oklahoma voters rejected a ballot measure that would have legalized recreational marijuana. The state would have become the 22nd in the U.S. to allow adult use of cannabis, but strong opposition from faith leaders, law enforcement, and prosecutors led to its defeat.

    Pat McFerron, head of the opposition campaign, expressed satisfaction with the outcome, stating that the vote indicated voter dissatisfaction with the state's current medical marijuana system. He argued that voters recognized the potential criminal implications of legalization and the need to address mental health issues in Oklahoma.

    Michelle Tilley, a supporter of the legalization measure, countered that hundreds of thousands of Oklahomans already use cannabis and that legalization is inevitable. She urged state lawmakers and the governor to take action on this issue.

    Despite the rejection of recreational legalization, Oklahoma has a thriving medical marijuana industry. The state has issued over 2,890 licenses for medical marijuana businesses, and its capital city has 400 dispensaries. Approximately 10% of Oklahomans hold medical marijuana cards.

    Hawaii Approves Recreational Cannabis

    On March 7, Hawaii became the latest U.S. state to legalize recreational marijuana. The newly passed law, SB669 SD2, allows for the cultivation, manufacturing, sale, and taxation of cannabis. Residents will be able to possess up to 30 grams, grow up to six plants for personal use, and enjoy decriminalization for small amounts of cannabis.

    Representative Jeanné Kapela introduced the bill in January 2024, stating that it was time for Hawaii to join the growing number of states with legalized recreational cannabis. The bill was based on recommendations from a task force established by the Hawaii Department of Health in December 2022.

    A poll conducted earlier this year by the Hawaii Cannabis Industry Association found strong support for legalization among adult residents. 86% favored the measure, while only 9% opposed it. The poll also revealed that recreational use was slightly more popular than medical use.

    Hawaii expects to generate significant revenue from cannabis legalization, with estimated tax revenue of up to $81.7 million and gross revenue of $423 million. This positive development adds to the growing number of states in the U.S. that have legalized cannabis for adult use.

    Massachusetts Cannabis Cafes

    Massachusetts is preparing to welcome cannabis cafes as state regulators finalize guidelines for their operation. The legalization of recreational cannabis in the state has created a demand for spaces where consumers can enjoy the substance in a regulated environment.

    Former Boston City Councilor Tito Jackson, now the owner of Apex Noire, believes that the current legalization has fallen short in providing such spaces. He aims to create a cannabis-infused dining experience that normalizes cannabis consumption.

    The Cannabis Control Commission (CCC) has been closely considering the potential challenges and concerns associated with cannabis cafes. The Massachusetts Chiefs of Police Association has raised questions about how to handle impairment and driving under the influence, a critical issue as cannabis becomes more accessible. Salisbury Police Chief Thomas Fowler has expressed concerns about the difficulty of determining if someone is too high to drive, given the long-lasting presence of THC in the body.

    The CCC is also examining the issue of secondhand marijuana smoke exposure. It is challenging to accurately measure the amount of THC in a person's system based solely on exposure to secondhand smoke. The commission is reviewing air movement requirements and ventilation standards to ensure that cannabis cafes provide a safe and comfortable environment for both consumers and staff.

    As Massachusetts moves forward with the establishment of cannabis cafes, it is clear that there are still important questions to be addressed. However, the state's efforts to create a regulated and responsible environment for cannabis consumption are a positive step forward.

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