RN Collins: Bill Tracker: Cannabis Enforcement Reforms in 2026 State Legislatures

Bill Tracker: Cannabis Enforcement Reforms in 2026 State Legislatures

Author RN Collins

The 2nd in a series of 10 articles for cannabis law report

Contact RN Collins: https://www.linkedin.com/in/rn-collins/

 

Legislative Brief Series

I. Introduction and Scope

The 2026 state legislative cycle represents one of the most dynamic periods in cannabis enforcement reform since the first adult-use markets opened in Colorado and Washington in 2012. State legislatures are moving on at least five discrete enforcement-related fronts simultaneously: establishing or expanding adult-use retail markets with embedded enforcement frameworks; enacting medical cannabis programs in prohibition-holdout states; responding to the federal hemp THC loophole closure enacted in November 2025; revisiting criminal expungement and record-sealing regimes for prior cannabis convictions; and calibrating state regulatory architecture in anticipation of federal cannabis rescheduling to Schedule III expected in the first half of 2026. At the federal level, the 119th Congress (2025–2026) contains a cluster of live bills ranging from full descheduling to explicit 280E preservation, operating alongside President Trump’s December 18, 2025 Executive Order directing expedited rescheduling.

The hemp loophole closure—enacted through Section 781 of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (P.L. 119-37), signed November 12, 2025—has fundamentally altered the legislative landscape.¹ By redefining “hemp” to require a total THC concentration (not just delta-9 THC) of no more than 0.3% on a dry weight basis, and capping final hemp-derived cannabinoid products at 0.4 milligrams of total THC per container, the law pushes most delta-8 THC, delta-10 THC, THCA, and similar intoxicating hemp products into Schedule I status effective November 12, 2026.² This single development has triggered legislative responses in at least a dozen states, including Indiana, Wisconsin, Washington, and Ohio, each navigating how to align—or not align—their state hemp frameworks with the new federal definition.

This tracker surveys the most significant cannabis enforcement reform bills currently active in 2026 state legislative sessions and the parallel federal legislative landscape, organized by reform category. Status notations reflect information verified as of February 26, 2026.³

II. Federal Legislative Landscape — 119th Congress (2025–2026)

All bills introduced in the 119th Congress during 2025 remain procedurally alive throughout the 2026 calendar year, as the session runs through January 2027.⁴

A. The December 2025 Executive Order: Rescheduling to Schedule III

On December 18, 2025, President Trump signed an Executive Order directing the Attorney General to “take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III of the CSA.”⁵ The order accelerates a process begun under the Biden administration when the DEA initiated a proposed rulemaking in May 2024 following HHS’s August 2023 recommendation. DOJ finalization of the Schedule III rule is expected in the first half of 2026; a 30-day public comment period is anticipated before the final rule takes effect.⁶ Once finalized, rescheduling would remove cannabis from the scope of IRC Section 280E—which currently subjects state-licensed cannabis operators to effective federal tax rates of 70% or more—and would remove the Schedule I barriers to federally funded research.⁷

The Executive Order also directs the legislative affairs office to work with Congress to update the statutory definition of final hemp-derived cannabinoid products, including a potential revision of the 0.4 milligrams of THC per container limit established in the November 2025 hemp legislation, and to develop pathways for full-spectrum CBD access.⁸

B. Full Descheduling

MORE Act — H.R. 5068, 119th Cong. (2025–2026) Introduced August 29, 2025, by Rep. Jerry Nadler (D-NY), the MORE Act would remove marijuana from the Controlled Substances Act entirely, ending federal prohibition.⁹ The bill pairs descheduling with automatic expungement for prior federal cannabis offenses, the creation of a federal excise tax on cannabis products, and the establishment of an Opportunity Trust Fund directing revenue toward community reinvestment. As of February 2026, the MORE Act carries 62 total sponsors—the most of any cannabis bill introduced in the 119th Congress—and is referred to the House Judiciary Committee.¹⁰ Prospects for floor consideration in the Republican-controlled House are limited, but the bill anchors the descheduling wing of the congressional debate.

C. State Deference Without Full Descheduling

STATES 2.0 Act — H.R. 2934, 119th Cong. (2025–2026) The Strengthening the Tenth Amendment Through Entrusting States 2.0 Act, introduced by Rep. David Joyce (R-OH) with seven cosponsors for a total of eight sponsors, would prohibit federal enforcement actions against individuals and businesses operating in compliance with state or tribal marijuana laws.¹¹ Unlike the MORE Act, it does not deschedule cannabis nationally, but it would permit interstate commerce between legal jurisdictions, remove cannabis businesses from the reach of IRC Section 280E, and outline a federal regulatory structure with relatively low federal excise tax rates.¹² The bill is pending in the House Committees on Energy and Commerce, the Judiciary, and Transportation and Infrastructure.¹³

PREPARE Act — H.R. 2935, 119th Cong. (2025–2026) Introduced by Rep. David Joyce (R-OH), Rep. Hakeem Jeffries (D-NY), and Rep. Max Miller (R-OH), the PREPARE Act would not change marijuana’s legal status but would establish a bipartisan Commission on the Federal Regulation of Cannabis to study and recommend a federal regulatory framework to Congress within 180 days.¹⁴ The bill is referred to the House Committees on Energy and Commerce, the Judiciary, Ways and Means, Agriculture, and Financial Services.¹⁵

D. Enforcement-Specific Federal Proposals

New Cannabis Bills — February 2026 As of February 24, 2026, the Marijuana Herald documented every cannabis-related bill currently active during the 2025–2026 session, identifying new entries including the Marijuana in Federally Assisted Housing Parity Act (four combined House/Senate sponsors), which would prohibit public housing authorities from denying admission to or evicting individuals solely for using marijuana in compliance with state law.¹⁶ The HEMP Act, with one sponsor, would revise the federal definition of legal hemp by adjusting THC thresholds and updating testing standards.¹⁷

Veterans Equal Access Act — H.R. 1384, 119th Cong. (2025–2026) This bill would prohibit the Department of Veterans Affairs from denying benefits to veterans solely because they participate in a state-approved medical marijuana program and would authorize VA clinicians to discuss and document medical marijuana use.¹⁸ As of fall 2025, the provision was described as the federal cannabis reform measure closest to possible enactment, included in both House- and Senate-passed versions of the MilCon-VA appropriations bill, though final bicameral reconciliation remained pending.¹⁹

No Deductions for Marijuana Businesses Act — (119th Cong., 2025–2026) In direct counterpoint to rescheduling-related 280E relief, this bill with eleven House sponsors and two Senate sponsors would explicitly codify the prohibition on standard federal tax deductions for cannabis businesses regardless of scheduling status.²⁰ It represents legislative resistance from anti-legalization members to the tax consequences of rescheduling and signals that 280E relief may not be automatic or uncontested after Schedule III finalization.

III. State Legislative Action — Adult-Use Retail Enforcement Frameworks

A. Virginia — HB 642 / SB 542 (2026 Session) ✓ PASSED BOTH CHAMBERS — CONFERENCE COMMITTEE PENDING

Virginia’s 2026 General Assembly session has produced the most consequential adult-use enforcement legislation of any state legislature this cycle. Both bills passed their respective chambers on February 17, 2026, but with material differences that require conference committee resolution before they can be sent to Governor Spanberger’s desk.²¹

House Bill 642 (Del. Paul Krizek, D-Fairfax) passed the full House of Delegates by a 65-32 vote after clearing the House General Laws Committee 19-2 and the House Appropriations Committee 16-6.²² Senate Bill 542 (Sen. Lashrecse Aird, D-Petersburg) passed the Senate Finance and Appropriations Committee 7-5 and the full Senate by a narrow 21-19 margin—a vote that initially failed when Sen. Adam Ebbin (D-Alexandria) recused himself due to his pending role at the Cannabis Control Authority, then passed on reconsideration after Ebbin determined he had “no financial interest” in the adult-use marketplace.²³

Virginia legalized adult possession and home cultivation in 2021 but left commercial sales unimplemented under former Gov. Glenn Youngkin, who twice vetoed retail framework legislation. Democratic Gov. Abigail Spanberger has publicly committed to signing enabling legislation.²⁴

Both bills would establish the Virginia Cannabis Control Authority as the prime licensing and enforcement body for a retail marijuana market. The key differences requiring conference resolution include:

• Retail launch date: HB 642 proposes November 1, 2026; SB 542 proposes January 1, 2027.
• State excise tax: HB 642 proposes 6% plus a local tax of 1–3.5%; SB 542 proposes 12.875% plus 3% mandatory local tax with a 1.125% state sales tax cap.
• Pharmaceutical processor conversion fee: HB 642 proposes $5 million; SB 542 proposes $15 million.
• Agency governance: SB 542 would require the Cannabis Control Authority to merge with the Virginia Alcoholic Beverage Control Authority by January 1, 2028, forming a new combined authority.²⁵

Both bills share core enforcement provisions: permit applications beginning July 1, 2026; seed-to-sale tracking beginning September 1, 2026; a maximum of 350 retail licenses statewide; cultivation facility caps of 450 through 2028; and purchase limits of 2.5 ounces per transaction.²⁶ A tiered cultivation licensing structure ranging from Tier 1 through Tier 5 would cap the largest facilities at 35,000 square feet. Home cultivation of up to four plants per household would continue.²⁷ As of February 2026, both versions were in the process of cross-chamber referral for conference committee proceedings.²⁸

B. Florida — SB 1398 (2026 Session) — BALLOT INITIATIVE FAILS TO QUALIFY; SUPREME COURT LITIGATION PENDING

Florida SB 1398 would legalize and regulate cannabis for adults 21 and older, authorize home cultivation, and include provisions for sentencing reform and expungement of activities that would be legalized under the bill.²⁹ However, the legislative path has been substantially overshadowed by the collapse of the parallel ballot initiative track.

The Smart & Safe Florida 2026 ballot initiative (Initiative #25-01) failed to qualify for the November 2026 ballot after Florida Secretary of State Cord Byrd’s office announced on February 1, 2026 that all 22 citizen-proposed constitutional amendments failed to meet signature requirements.³⁰ The campaign reported 783,592 valid signatures as of the February 1 deadline—96,470 short of the required 880,062.³¹ The shortfall resulted from a cascade of state-directed invalidations: approximately 200,000 signatures were discarded following disputes over incomplete petition text forms (the campaign chose not to appeal that ruling); and 70,646 additional signatures were invalidated by the 1st District Court of Appeal on January 23, 2026, which upheld Secretary Byrd’s directives invalidating petitions collected by non-resident circulators and signatures from “inactive” voters.³²

A subsequent Cannabis Business Times analysis found that county election supervisors reported more than 54,000 valid signatures that the state’s Division of Elections website failed to include in its official tally.³³ The campaign submitted the case to the Florida Supreme Court on February 16, 2026, seeking review of the 70,646 disqualified signatures; the Florida Supreme Court received the notice to invoke discretionary jurisdiction.³⁴ Meanwhile, under Florida election law signed by Gov. DeSantis in 2025, all existing signature counts were reset to zero for the 2028 cycle, meaning the nearly 800,000 signatures gathered would not carry over regardless of the litigation outcome.³⁵

C. Georgia — HB 1248 (2026 Session) — INTRODUCED

Georgia HB 1248 would legalize possession of up to two ounces of cannabis flower and ten grams of concentrates for adults 21 and over, and would permit home cultivation of up to three mature plants.³⁶ Georgia currently has a low-THC medical oil registry program but no regulated dispensary system for most patients. The bill remains in committee.

D. Hawaii — HB 1246, SB 1613, HB 1624, SB 2420, HB 519 (2026 Session) — CARRIED OVER

Hawaii carried over five cannabis bills from its 2025 session into 2026. HB 1246 and SB 1613 would legalize and regulate adult-use cannabis, with SB 1613 having passed out of the Senate Health and Human Services and Judiciary Committees before failing to advance before a 2025 deadline. HB 1624, SB 2420, and HB 519 propose constitutional amendments to legalize cannabis for adults 21 and over.³⁷ Hawaii’s adult-use legalization effort has been active for multiple sessions without reaching the governor’s desk.

IV. State Legislative Action — Medical Cannabis in Prohibition-Holdout States

A. Wisconsin — SB 534 / AB 547 (2025–2026 Session) — COMMITTEE ADVANCED; FLOOR SCHEDULING UNCERTAIN; DEMOCRATIC LEGALIZATION BILL FILED

Wisconsin’s cannabis legislative landscape became significantly more complex in February 2026, with parallel but divergent Republican and Democratic efforts.

Republican medical cannabis track (SB 534): Introduced in October 2025 by Senate President Mary Felzkowski (R) and Sen. Patrick Testin (R), SB 534 advanced out of the Wisconsin Senate Health Committee on a 4-1 vote on February 5, 2026, and is available for scheduling on the Senate floor.³⁸ The bill would establish a tightly controlled medical cannabis program under a new Office of Medical Cannabis Regulation within the Department of Health Services, with the Department of Agriculture, Trade and Consumer Protection overseeing cultivation, processing, and testing.³⁹ Qualifying conditions include cancer, HIV/AIDS, PTSD, epilepsy, glaucoma, severe chronic pain, muscle spasms, chronic nausea, Alzheimer’s disease, Parkinson’s disease, ALS, multiple sclerosis, inflammatory bowel disease, Tourette syndrome, and terminal illness.⁴⁰ Non-smokable products only would be permitted; home cultivation would not be allowed; dispensaries would be required to employ pharmacists; and patient use would be recorded in the state’s Prescription Drug Monitoring Program.⁴¹

Assembly companion bill AB 547 has not advanced in the lower chamber. Assembly Speaker Robin Vos (R) described SB 534 as “too broad” and stated the Assembly does not currently have enough votes to advance even a medical cannabis measure. Vos also stated that President Trump made the “wrong” choice to order rescheduling, describing marijuana as “a dangerous drug.”⁴²

Democratic full legalization track (SB 1045): On February 24, 2026—one day after this tracker’s original research was completed—a coalition of 47 Wisconsin Democratic lawmakers formally introduced Senate Bill 1045, a comprehensive adult-use and medical cannabis legalization bill.⁴³ The bill would allow adults 21 and older to possess up to 2.5 ounces of cannabis flower in public and up to five pounds in a private residence; create a regulated commercial market under a new Division of Cannabis Regulation within DATCP; establish a medical cannabis registry; provide for expungement of prior cannabis convictions; and regulate intoxicating hemp products.⁴⁴ Wisconsin would become the 25th state to legalize recreational cannabis if SB 1045 passed, but with Republicans controlling both chambers and leadership opposition, the bill faces significant obstacles.⁴⁵ Nonetheless, the bill’s introduction—together with SB 534’s committee advancement—marks the most active simultaneous engagement with cannabis legislation in Wisconsin legislative history.

B. Indiana — SB 0286, HB 1191, HB 1298, SB 250 (2026 Session) — DIVERGENT TRAJECTORIES

Indiana presents a case study in divergent enforcement trajectories. Three bills propose expanding cannabis access: SB 0286 would legalize and regulate adult-use and medical cannabis; HB 1191 would decriminalize possession of two ounces or less; and HB 1298 would reclassify cannabis under Indiana law to mirror the federal rescheduling framework.⁴⁶ Republican legislative leadership has indicated 2026 will not be the year for Indiana legalization.⁴⁷ Indiana remains among the approximately ten states with no effective medical cannabis law.⁴⁸

Running directly counter to the liberalization bills, Indiana SB 250 (led by Sen. Aaron Freeman, R-Indianapolis, with co-authors Sens. Cyndi Carrasco and Blake Doriot) would ban the sale of intoxicating hemp-derived THC products—replicating the November 2025 federal Farm Bill loophole closure at the state level—while explicitly preventing state law from automatically adopting any federal marijuana rescheduling.⁴⁹ SB 250 passed the Senate 35-13 and moved to the House, where after amendment in the House Courts and Criminal Code Committee its key hemp-redefinition provisions were set to take effect November 12, 2026, mirroring the federal effective date, with age-restriction provisions taking effect July 1, 2026.⁵⁰ The fiscal impact was estimated at a half-million dollar annual increase in enforcement costs for the Alcohol and Tobacco Commission.⁵¹ Indiana Attorney General Todd Rokita issued a public statement on February 26, 2026 urging the House to pass SB 250, arguing that “aligning Indiana law with federal law ends the fiction that these high-potency THC products are legitimate hemp.”⁵²

C. South Carolina — S 0053, H 3019, H 3018 (2026 Session) — INTRODUCED; S 0053 DEAD

South Carolina’s medical cannabis legislative activity has narrowed. S 0053, which would have created a conservative medical cannabis program, was reported as dead in the MPP tracker.⁵³ H 3019 would create a substantially more expansive program. H 3018 would provide targeted legal protection for veterans with combat-related PTSD for possession of under 28 grams of cannabis flower or ten grams of hashish.⁵⁴

D. Tennessee — HB 0872 (2026 Session) — INTRODUCED

Tennessee HB 0872 would create a comprehensive medical cannabis program in a state that currently has no effective medical access law.⁵⁵

E. Kansas — HB 2405, HCR 5028 (2026 Session) — INTRODUCED

Kansas HB 2405 would legalize and regulate cannabis for adults 21 and older. HCR 5028 is a proposed constitutional amendment that, if approved by voters, would add the right to use and possess cannabis to the state’s Bill of Rights.⁵⁶

V. State Legislative Action — Hemp THC Enforcement

The November 2025 federal agricultural appropriations act—P.L. 119-37—closed the “hemp loophole” created by the 2018 Farm Bill by redefining legal hemp to require a total THC concentration (not just delta-9 THC) of less than 0.3%, and excluding from the hemp definition any hemp-derived cannabinoid products with more than 0.4 milligrams of THC per container.⁵⁷ The new federal definition is scheduled to take effect November 12, 2026, with a one-year enforcement delay built in. FDA was required to publish by February 10, 2026 a list of all cannabinoids naturally producible by the cannabis plant, all THC-class cannabinoids, and all cannabinoids with similar effects to THC.⁵⁸

Key aspects of the hemp closure that affect state legislative responses include: the total THC standard closes the THCA loophole by applying the 0.3% threshold to all THC isomers (including THCA, which converts to delta-9 THC when heated); the per-container 0.4 milligrams cap eliminates most edible, beverage, and tincture products at commercial serving sizes; and the exclusion of synthetic cannabinoids removes delta-8 THC—which is typically synthesized from hemp-derived CBD through chemical catalysis—from the hemp category.⁵⁹ A bipartisan group of Congressional members has introduced a bill to repeal Section 781, and some industry advocates are seeking a revised framework before the November 2026 effective date.⁶⁰

Indiana SB 250 (discussed above) replicates the federal ban at the state level with age-restriction provisions effective July 1, 2026, and core hemp redefinition provisions effective November 12, 2026, matching the federal effective date.⁶¹

Washington State SB 6303 (introduced by Sen. Sharon Shewmake on January 26, 2026) packages directives on edibles packaging, concentrates packaging, battery recycling, and batch tracking for the Washington State Liquor and Cannabis Board.⁶² Wisconsin has introduced bipartisan bills to adapt its legal hemp framework following the federal loophole closure.⁶³

Wisconsin Democratic SB 1045 (introduced February 24, 2026) addresses the hemp closure directly by regulating intoxicating hemp products within a comprehensive cannabis framework—treating them as cannabis products subject to the same licensing, testing, and taxation requirements as marijuana.⁶⁴

VI. State Legislative Action — Criminal Record Expungement and Sealing

A. Virginia — Record Sealing (SB 1466/HB 2723, effective July 1, 2026)

Virginia’s comprehensive record sealing law, enacted in 2025 as SB 1466/HB 2723, delays until July 1, 2026 the automatic sealing of certain marijuana-related offenses. Petitions for sealing of Felony Possession With Intent to Distribute Marijuana records will become available by July 1, 2026. The law requires the Department of State Police to develop a secure portal for government agencies to determine record-sealed status before responding to background check inquiries, to be completed by October 1, 2026.⁶⁵

B. New Hampshire — CACR 19, HB 186, HB 1235 (2026 Session) — MIXED STATUS

New Hampshire CACR 19 would propose a state constitutional right for adults 21 and older to possess personal-use amounts of cannabis; it requires a three-fifths supermajority in both chambers to reach the November 2026 ballot, where it would need two-thirds of the popular vote.⁶⁶ HB 186, which would legalize and regulate adult-use cannabis, passed the New Hampshire House on January 7, 2026, by a 208-135 vote but was killed by the Senate Judiciary Committee on February 10, 2026, in a 2-1 vote.⁶⁷ SB 651, a companion adult-use bill, was tabled by the Senate on a 15-9 vote. HB 1235, which would legalize up to 2.5 ounces of cannabis without establishing full commercial regulation, was introduced as a more limited alternative.⁶⁸

C. West Virginia — SJR 5, HB 4371, SB 6204 (2026 Session) — INTRODUCED

West Virginia SJR 5 would propose a state constitutional right for adults 21 and older to possess and grow modest amounts of cannabis and, if approved by voters, would direct the legislature to regulate cannabis sales, along with petition-based expungement for convictions for possession of up to two ounces.⁶⁹ HB 4371 and SB 6204 would legalize cannabis for adults with county opt-in provisions for commercial production and sales.⁷⁰

D. Wisconsin SB 1045 — Conviction Review Unit

The Democratic legalization bill introduced February 24, 2026, SB 1045, would establish a Cannabis Conviction Review Unit to review prior cannabis criminal convictions and create pathways for rescission and adjustment, reflecting the incorporation of expungement into the comprehensive legalization framework.⁷¹

VII. 2026 Ballot Measures

A. Florida — FAILED TO QUALIFY; SUPREME COURT REVIEW PENDING

As detailed in Section III.B above, Smart & Safe Florida’s initiative failed to meet the 880,062 valid signature threshold by the February 1, 2026 deadline, reporting 783,592 valid signatures.⁷² The campaign has appealed the disqualification of 70,646 signatures to the Florida Supreme Court, and a CBT analysis identified an additional 54,000+ signatures that state officials failed to count.⁷³ Under Florida’s 2025 election law reform, all signatures have been reset to zero for the 2028 cycle.⁷⁴

B. Nebraska — QUALIFIED

A marijuana legalization initiative qualifying adults 21 and over for recreational use has cleared signature gathering in Nebraska.⁷⁵

C. Arizona and Massachusetts — ANTI-LEGALIZATION REPEAL MEASURES

Anti-legalization groups in Arizona have qualified an initiative to repeal existing adult-use sales laws, which would return the state to prohibition.⁷⁶ In Massachusetts, the Alter Marijuana Regulation Laws Initiative was certified to the legislature; the measure would also significantly modify existing adult-use regulations.⁷⁷

D. Idaho — HJR 4 — Constitutional Ban on Initiative Process for Drug Legalization

The legislature referred a constitutional amendment (HJR 4) to the November 2026 ballot that would strip voters of the ability to legalize currently prohibited drugs through the initiative process, including cannabis.⁷⁸

VIII. Updated Summary Status Table

Jurisdiction	Bill(s)	Category	Status
U.S. Congress	H.R. 5068 (MORE Act)	Full descheduling + expungement	62 total sponsors; Referred to committee
U.S. Congress	H.R. 2934 (STATES 2.0)	State deference / 280E repeal	8 sponsors; Referred to committee
U.S. Congress	H.R. 2935 (PREPARE Act)	Federal regulatory planning	Referred to committee
U.S. Congress	No Deductions Act	280E preservation	11 House + 2 Senate sponsors
U.S. Executive	Trump EO Dec. 18, 2025	Cannabis rescheduling Schedule III	DOJ rulemaking in progress; expected H1 2026
Federal	P.L. 119-37 § 781	Hemp loophole closure	Enacted Nov. 12, 2025; effective Nov. 12, 2026
Virginia	HB 642 / SB 542	Adult-use retail market	Passed both chambers Feb. 17, 2026; conference committee pending
Florida	Initiative #25-01	Adult-use ballot initiative	Failed to qualify Feb. 1, 2026; FL Supreme Court review pending
Florida	SB 1398	Adult-use legalization (legislative)	Introduced
Georgia	HB 1248	Adult-use possession/cultivation	Introduced
Hawaii	HB 1246, SB 1613, et al.	Adult-use legalization	Carried over from 2025
Wisconsin	SB 534 / AB 547	Medical cannabis	Senate committee 4-1 Feb. 5, 2026; available for floor; Assembly prospects uncertain
Wisconsin	SB 1045	Adult-use/medical legalization (Democratic)	Introduced Feb. 24, 2026; 47 sponsors; Republican majority opposition
Indiana	SB 0286, HB 1191, HB 1298	Adult-use / decriminalization	Introduced; leadership opposition
Indiana	SB 250	Hemp THC ban	Passed Senate 35-13; in House committee
South Carolina	H 3019, H 3018	Medical cannabis / veteran protections	Introduced; S 0053 dead
Tennessee	HB 0872	Medical cannabis	Introduced
Kansas	HB 2405, HCR 5028	Adult-use / constitutional right	Introduced
New Hampshire	HB 186	Adult-use	Passed House 208-135 Jan. 7; killed Senate Judiciary 2-1 Feb. 10
New Hampshire	CACR 19, HB 1235	Constitutional right; limited legalization	In process
West Virginia	SJR 5, HB 4371, SB 6204	Adult-use / constitutional right	Introduced
Virginia	SB 1466/HB 2723 (2025)	Record sealing (cannabis offenses)	Effective July 1, 2026
Nebraska	Ballot initiative	Adult-use	Qualified for 2026 ballot
Florida	Ballot initiative	Adult-use	Failed to qualify; Supreme Court review pending
Idaho	HJR 4	Constitutional ban on drug legalization initiatives	Referred to Nov. 2026 ballot
Washington	SB 6303	Hemp packaging/WSLCB directives	Introduced Jan. 26, 2026

IX. Analytical Observations

A. The Virginia Inflection Point

Several cross-cutting patterns define the 2026 enforcement reform landscape. First, Virginia represents the clearest inflection point this cycle. The state’s five-year gap between legalizing possession and establishing a retail market has created a well-documented gray market enforcement vacuum; the legislation passed February 17, 2026 would finally create a regulated enforcement architecture, though the House-Senate differences on tax rates (6% vs. 12.875%) and launch dates (November 1, 2026 vs. January 1, 2027) require conference committee resolution on a compressed timeline.⁷⁹ The SB 542 provision requiring CCA to merge with the Virginia ABC Authority by January 2028 represents a structural integration question that adds complexity to the conference negotiations.

B. The Hemp Loophole’s Cascading State Effects

Second, the hemp loophole closure is the most consequential single federal act driving 2026 state legislative activity. The November 12, 2025 enactment of P.L. 119-37 has set off legislative scrambles across states with active hemp markets—particularly those, like Wisconsin, that lack conventional cannabis programs. The situation in Wisconsin is emblematic: Republican leadership is advancing a narrow medical program (SB 534) partly to create a regulated cannabis pathway before the hemp market collapses, while Democrats seized the hemp crisis as an opening to introduce full legalization (SB 1045). Indiana’s SB 250—passing the Senate 35-13 and carrying an Indiana AG endorsement as recently as February 26, 2026—mirrors the federal closure while simultaneously decoupling Indiana law from federal rescheduling, a combination that reflects conservative states’ ambivalence toward the dual federal developments.⁸⁰

C. Florida’s Institutional Signature Battle

Third, Florida’s initiative failure illustrates the increasingly significant role of procedural election law in cannabis reform trajectories. The disqualification of 70,646 signatures by the 1st District Court of Appeal—upholding Secretary Byrd’s retroactive directives on inactive voters and non-resident circulators—combined with the earlier non-appealed invalidation of approximately 200,000 signatures for incomplete petition text, demonstrates that petition-based reform faces institutional constraints that go beyond voter support. The 2024 initiative earned 56% support—a majority but short of Florida’s 60% supermajority—while the 2026 effort was blocked from reaching voters at all. The Florida Supreme Court’s review of the 70,646 disqualified signatures, combined with the CBT finding of 54,000+ uncounted local signatures, means the question of whether Florida cannabis reform reaches a 2026 or 2028 ballot remains technically open as of late February 2026.⁸¹

D. Federal Bills: Partisan Polarization Sharpens

Fourth, the federal bills reflect a deepening partisan divide on enforcement philosophy, but with a new executive-branch overlay. The MORE Act and STATES 2.0 Act represent competing visions of how federal enforcement deference to states should be structured. The No Deductions for Marijuana Businesses Act—which would lock in 280E regardless of rescheduling—signals that anti-legalization factions in Congress intend to use the tax code as an enforcement substitute even if scheduling status changes.⁸² Against this backdrop, the Trump Executive Order directing rescheduling has created an unusual dynamic: a Republican president pursuing federal cannabis reform over the stated objections of some conservative state legislators (Wisconsin’s Assembly Speaker Vos, Indiana’s Republican caucus) who view marijuana as a dangerous drug.

E. The Rescheduling Enforcement Effect on State Law

Fifth, the anticipated Schedule III finalization is creating immediate state legislative consequences. Indiana’s SB 250 contains an explicit provision preventing state law from automatically tracking federal marijuana rescheduling—a direct response to concerns that Indiana’s existing statutory cross-references to federal law would effectively import cannabis reform by reference once the federal schedule changes.⁸³ This “decoupling” approach may be replicated in other conservative states as the DOJ rulemaking progresses. Simultaneously, states considering new medical or adult-use programs have additional political cover from the Trump administration’s rescheduling posture, as Wisconsin’s SB 534 proponents have acknowledged.⁸⁴

ENDNOTES

1. Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, P.L. 119-37, § 781 (enacted Nov. 12, 2025) (amending 7 U.S.C. § 1639o to redefine hemp using total THC concentration including THCA); Congressional Research Service, Change to Federal Definition of Hemp and Implications for Federal Enforcement, IN12620 (2025), https://www.congress.gov/crs-product/IN12620.
2. Id. (total THC concentration of no more than 0.3% on dry weight basis; final hemp-derived cannabinoid products limited to 0.4 mg total THC per container; effective November 12, 2026); DLA Piper, New Federal Restrictions on Hemp and Hemp-Derived Products (Nov. 2025), https://perkinscoie.com/insights/update/shutdown-legislation-brings-new-hemp-rules.
3. Marijuana Policy Project, 2026 Cannabis Policy Reform Legislation and Voter Measures, https://www.mpp.org/issues/legislation/key-marijuana-policy-reform/ (tracking bills across all 50 states; updated regularly); The Marijuana Herald, U.S. Congress: Every Active Cannabis Bill in 2026 (Jan. 2, 2026), https://themarijuanaherald.com/2026/01/u-s-congress-every-active-cannabis-bill-in-2026/.
4. The Marijuana Herald, Every Cannabis Bill Filed in U.S. Congress During the 2025–2026 Session (Dec. 4, 2025), https://themarijuanaherald.com/2025/12/every-cannabis-bill-filed-in-u-s-congress-during-the-2025-2026-session/ (“Every bill listed below will remain alive in 2026, as the current session covers 2025–2026.”).
5. Goodwin, Bye-Bye 280E: New Executive Order Concerning Cannabis Rescheduling (Dec. 23, 2025), https://www.goodwinlaw.com/en/insights/publications/2025/12/alerts-practices-can-bye-bye-280e (President Trump signed Executive Order December 18, 2025 directing AG to “take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III of the CSA”).
6. AAFCPAs, Executive Order to Reschedule Cannabis: What It Means for IRC 280E (Dec. 19, 2025), https://www.aafcpa.com/2025/12/19/executive-order-to-reschedule-cannabis-what-it-means-for-irc-280e/ (DOJ finalization expected first half of 2026; 30-day comment period anticipated).
7. Id. (280E currently subjects state-licensed operators to effective federal tax rates of 70% or more; rescheduling would remove cannabis from 280E’s scope).
8. Update on U.S. Hemp Regulations: December 2025, cannabusinessplans.com, https://cannabusinessplans.com/update-on-us-hemp-regulations/ (describing Trump EO’s directive to work with Congress to update hemp-derived cannabinoid product definitions and potentially revise the 0.4 mg/container limit).
9. Marijuana Opportunity Reinvestment and Expungement Act, H.R. 5068, 119th Cong. (introduced Aug. 29, 2025), https://www.congress.gov/bill/119th-congress/house-bill/5068/text.
10. The Marijuana Herald, U.S. Congress: Every Cannabis Bill Under Consideration in 2026 (Feb. 24, 2026), https://themarijuanaherald.com/2026/02/u-s-congress-every-cannabis-bill-under-consideration-in-2026-from-nationwide-descheduling-to-housing-protections/ (MORE Act has 62 total sponsors as of February 2026, “more than any other cannabis-related proposal filed in 2025 or 2026”).
11. Strengthening the Tenth Amendment Through Entrusting States 2.0 Act, H.R. 2934, 119th Cong. (2025–2026), https://www.congress.gov/bill/119th-congress/house-bill/2934/text (sponsor Rep. Joyce plus 7 cosponsors = 8 total sponsors).
12. Id. § 3; The Marijuana Herald, Every Active Cannabis Bill in 2026, supra note 3 (STATES 2.0 Act authorizes interstate commerce, removes 280E, outlines federal regulatory structure with relatively low tax rates).
13. H.R. 2934, 119th Cong. (referred to House Committees on Energy and Commerce, the Judiciary, and Transportation and Infrastructure), supra note 11.
14. PREPARE Act of 2025, H.R. 2935, 119th Cong. (2025–2026), https://www.congress.gov/bill/119th-congress/house-bill/2935/text (establishing a Commission on the Federal Regulation of Cannabis; introduced by Rep. Joyce, Rep. Jeffries, and Rep. Max Miller of Ohio).
15. Id. (referred to House Committees on Energy and Commerce, the Judiciary, Ways and Means, Agriculture, and Financial Services).
16. The Marijuana Herald, U.S. Congress: Every Cannabis Bill Under Consideration in 2026, supra note 10 (describing Marijuana in Federally Assisted Housing Parity Act: prohibiting public housing authorities from denying admission or evicting individuals solely for state-legal marijuana use; combined four House/Senate sponsors).
17. Id. (describing HEMP Act: revising federal hemp definition by adjusting THC thresholds and updating testing standards that result in frequent crop failures; one sponsor).
18. Id. (Veterans Equal Access Act: prohibiting VA from denying benefits solely based on participation in state-legal medical marijuana program; directing VA providers to discuss marijuana use with patients).
19. MPP, Current Marijuana Bills Before Congress, https://www.mpp.org/policy/federal/current-marijuana-bills-before-congress/ (as of fall 2025, Veterans Equal Access Act provision was included in both House and Senate versions of MilCon-VA appropriations bill; “the federal cannabis bill that is closest to passage”).
20. The Marijuana Herald, Every Active Cannabis Bill in 2026, supra note 3 (“Rather than loosening federal tax restrictions, this bill would explicitly preserve Section 280E… It has 11 sponsors in the House, and two in the Senate.”).
21. Virginia Mercury, Virginia General Assembly Advances Cannabis Retail Framework (Feb. 17, 2026), https://virginiamercury.com/2026/02/17/virginia-general-assembly-advances-cannabis-retail-framework/ (reporting HB 642 passed 65-32 in the House and SB 542 passed 21-19 in the Senate on February 17, 2026).
22. Virginia House Appropriations Committee Advances Bill 16-6, The Marijuana Herald (Feb. 2026), https://themarijuanaherald.com/2026/02/virginia-house-appropriations-committee-advances-bill-to-legalize-recreational-cannabis-sales-16-to-6/; Virginia Marijuana Moment (Jan. 2026), https://www.marijuanamoment.net/virginia-lawmakers-approve-bill-to-legalize-recreational-marijuana-sales/ (House General Laws Committee 19-2).
23. Virginia Mercury, supra note 21 (Sen. Ebbin recusal and reconsideration described; SB 542 passed 21-19 on second vote).
24. Id. (“Democratic Gov. Abigail Spanberger has vowed to sign legislation establishing a regulated retail market.”).
25. Foley Hoag LLP, Virginia Legislature Advances Competing Bills to Launch Adult-Use Marijuana Sales (Feb. 17, 2026), https://foleyhoag.com/news-and-insights/blogs/cannabis-and-the-law/2026/february/virginia-legislature-advances-competing-bills-to-launch-adult-use-marijuana-sales/ (documenting key differences: launch date; tax rates of 6% HB 642 vs. 12.875% SB 542; pharmaceutical processor fees $5M vs. $15M; SB 542 merger with ABC Authority by Jan. 1, 2028).
26. Virginia Mercury, supra note 21 (permit applications July 2026; seed-to-sale tracking September 1, 2026; 350 retail license maximum; 450 cultivation facility cap through 2028; 2.5 ounce transaction limit).
27. Id. (cultivation facility tiered structure Tier 1–5; cap of 35,000 square feet for largest; home cultivation up to four plants per household).
28. LegiScan, VA SB542 | 2026 | Regular Session (status: Engrossed Feb. 16, 2026; referred to House General Laws Committee Feb. 23, 2026), https://legiscan.com/VA/bill/SB542/2026; Marijuana Moment, Virginia House and Senate Approve Differing Marijuana Sales Legalization Bills, Setting Up Final Votes and Negotiations (Feb. 2026), https://www.marijuanamoment.net/virginia-house-and-senate-approve-differing-marijuana-sales-legalization-bills-setting-up-final-votes-and-negotiations.
29. Marijuana Policy Project, 2026 Cannabis Policy Reform Legislation and Voter Measures, supra note 3 (describing Florida SB 1398 as legalizing and regulating adult-use cannabis for persons 21 and older, with home cultivation, a cooperative model, and expungement provisions).
30. Florida 2026 Cannabis Legalization Campaign Falls Short on Signatures, Cannabis Business Times, https://www.cannabisbusinesstimes.com/us-states/florida/news/15816086/florida-2026-cannabis-legalization-campaign-falls-short-on-signatures-amid-lawsuits (Florida Secretary of State announced Feb. 1, 2026 that all 22 citizen-proposed constitutional amendments failed to meet signature requirements).
31. Id. (Smart & Safe Florida reported 783,592 valid signatures; needed 880,062; 96,470 short).
32. Florida Appeals Court Allows State to Reject 70K Signatures, Cannabis Business Times, https://www.cannabisbusinesstimes.com/us-states/florida/news/15815576/florida-appeals-court-allows-state-to-reject-70k-signatures-for-2026-cannabis-legalization-proposal (1st DCA ruled Jan. 23, 2026, upholding disqualification of 70,646 signatures; approximately 200,000 signatures discarded earlier after campaign chose not to appeal ruling on incomplete petition text forms).
33. Florida Officials Miss Counting 54,000+ Signatures, Cannabis Business Times, https://www.cannabisbusinesstimes.com/us-states/florida/news/15816816/florida-officials-miss-counting-54000-signatures-for-cannabis-legalization-petition (CBT analysis found state missed counting 54,000+ signatures validated by county election supervisors).
34. Florida 2026 Cannabis Legalization Campaign’s Signatures Lawsuit Sent to Supreme Court, Cannabis Business Times, https://www.cannabisbusinesstimes.com/us-states/florida/news/15817341/florida-2026-cannabis-legalization-campaigns-signatures-lawsuit-sent-to-supreme-court (1st DCA sent notice to invoke discretionary jurisdiction to Florida Supreme Court on Feb. 16, 2026).
35. Florida Officials Reset Marijuana Campaign’s Signatures to Zero, Marijuana Moment, https://www.marijuanamoment.net/florida-officials-reset-marijuana-campaigns-signatures-to-zero-for-legalization-ballot-initiative-as-legal-challenges-persist (Gov. DeSantis signed law that resets signature clock for each election cycle; Division of Elections page now shows 0 verified signatures for 2028 cycle).
36. Marijuana Policy Project, supra note 3 (describing Georgia HB 1248 as legalizing possession of up to two ounces of cannabis flower, ten grams of concentrates, and up to three mature plants for home cultivation for adults 21 and over).
37. Id. (describing Hawaii bills HB 1246, SB 1613, HB 1624, SB 2420, and HB 519; noting SB 1613 passed Senate committees but failed to advance before 2025 deadline; all carried over from 2025).
38. Marijuana Moment, Wisconsin Senators Approve GOP-Led Medical Marijuana Bill (Feb. 5, 2026), https://www.marijuanamoment.net/wisconsin-senators-approve-gop-led-medical-marijuana-bill-as-democrats-push-broader-recreational-legalization/ (4-1 committee vote advancing SB 534; available for floor scheduling per LegiScan).
39. The Marijuana Herald, Wisconsin Senate Committee Advances Medical Marijuana Bill (Feb. 5, 2026), https://themarijuanaherald.com/2026/02/wisconsin-senate-committee-advances-medical-marijuana-bill/ (dual oversight structure: Office of Medical Cannabis Regulation under DHS; DATCP overseeing cultivation, processing, and testing).
40. Id. (listing eligible qualifying conditions including cancer, HIV/AIDS, PTSD, epilepsy, glaucoma, severe chronic pain, muscle spasms, chronic nausea, Alzheimer’s disease, Parkinson’s disease, ALS, MS, IBD, Tourette syndrome, and terminal illness).
41. Marijuana Moment, supra note 38 (SB 534 restrictions: non-smokable products only, no home cultivation, pharmacist-required dispensaries, PDMP recording, $20 annual patient registration fee, 30-day and 90-day supply limits).
42. Id. (“Assembly Speaker Robin Vos (R) also said last month that President Donald Trump made the ‘wrong’ choice to order the rescheduling of marijuana—which he called a ‘dangerous drug.'”).
43. Wisconsin SB 1045, 2025–2026 Leg., introduced February 24, 2026, https://docs.legis.wisconsin.gov/2025/related/proposals/sb1045.pdf (introduced by Senators L. Johnson, Larson, Carpenter, and 11 others; cosponsored by Representatives Madison, Hysell, Phelps, and 30 others; referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs).
44. The Marijuana Herald, Wisconsin: 47 Lawmakers File Bill to Legalize Marijuana (Feb. 24, 2026), https://themarijuanaherald.com/2026/02/wisconsin-47-lawmakers-file-bill-to-legalize-marijuana-create-regulated-market-and-expunge-past-convictions/ (allow adults 21+ to possess up to 2.5 ounces in public, up to five pounds in residence; Division of Cannabis Regulation under DATCP; medical cannabis registry; expungement).
45. WPR, Wisconsin Democrats Announce Marijuana Legalization Bill (Feb. 2, 2026), https://www.wpr.org/news/wisconsin-democrats-marijuana-cannabis-legalization-legislation (bill “all but sure to fail” with Republicans controlling both chambers; GOP leadership opposed); MPP, Wisconsin, https://www.mpp.org/states/wisconsin/ (Wisconsin among only 10 states lacking effective medical cannabis law).
46. WTHR News, Will Indiana Legalize Marijuana This Year? (Jan. 9, 2026), https://www.wthr.com/article/news/politics/will-indiana-legalize-marijuana-this-year-here-are-the-bills-trying-to-make-it-happen-pot-weed-cannabis-medical-veterans-vets-trump-schedule/531-1dd09ef6-2a11-42d3-bcd7-aef6052f2ba8 (describing SB 0286, HB 1191, and HB 1298).
47. Indiana Capital Chronicle, Indiana Keeps Bucking Marijuana Legalization, Tightening Related Laws Instead (Feb. 2, 2026), https://indianacapitalchronicle.com/2026/02/02/indiana-keeps-bucking-marijuana-legalization-tightening-related-laws-instead/ (“Advocates for marijuana legalization in Indiana already know 2026 won’t be the year they see it happen.”).
48. Id. (“Indiana is among only 10 states that don’t allow either medicinal and recreational marijuana sales.”).
49. Indiana Capital Chronicle, Indiana Hemp Drug Ban Clears First Hurdle (Jan. 16, 2026), https://indianacapitalchronicle.com/2026/01/16/indiana-hemp-drug-ban-clears-first-hurdle/ (SB 250 led by Sen. Aaron Freeman with co-authors Sens. Cyndi Carrasco and Blake Doriot; replicating federal hemp loophole closure; including provision preventing state law from automatically tracking federal marijuana rescheduling).
50. Indiana Capital Chronicle Courts Update, Regulation of Hemp (Feb. 20, 2026), https://legislativeupdate.courts.in.gov/2026/02/20/regulation-of-hemp-2/ (House committee amended effective date to November 12, 2026, mirroring federal date; age-restriction provisions effective July 1, 2026; amended bill passed committee 8-5).
51. Id. (fiscal impact analysis by Legislative Services Agency estimated a half-million-dollar annual increase to ATC, requiring at least one additional excise officer per district).
52. WBIW, AG Todd Rokita: Congress Closed the Hemp Loophole; Indiana Must Too (Feb. 26, 2026), https://www.wbiw.com/2026/02/26/ag-todd-rokita-congress-closed-the-hemp-loophole-indiana-must-to/ (Rokita op-ed urging House to pass SB 250; calling hemp-THC products “drug dealers in suits”).
53. Marijuana Policy Project, 2026 Cannabis Policy Reform Legislation and Voter Measures, supra note 3 (S 0053 listed as dead; H 3019 and H 3018 listed as introduced).
54. Id.
55. Id. (describing Tennessee HB 0872 as creating a comprehensive medical cannabis program).
56. Id. (describing Kansas HB 2405 as adult-use legalization and HCR 5028 as a proposed constitutional amendment to add a cannabis right to the state Bill of Rights).
57. P.L. 119-37, § 781, supra note 1; Regulatory Oversight, Congress Narrows Federal Definition of ‘Hemp’ (Dec. 10, 2025), https://www.regulatoryoversight.com/2025/12/congress-narrows-federal-definition-of-hemp-effectively-banning-most-intoxicating-hemp-products/ (detailed analysis of § 781 provisions).
58. Perkins Coie, Shutdown Legislation Brings New Hemp Rules (2025), https://perkinscoie.com/insights/update/shutdown-legislation-brings-new-hemp-rules (noting FDA required to publish cannabinoid lists within 90 days of enactment—by February 10, 2026).
59. Hemp Loophole, Wikipedia, https://en.wikipedia.org/wiki/Hemp_loophole (summarizing key provisions: total THC standard; THCA loophole closed; per-container 0.4 mg cap; synthetic cannabinoid exclusion); DLA Piper, supranote 57.
60. Sedgwick, U.S. Hemp Industry Faces Product Ban (Dec. 2025), https://www.sedgwick.com/blog/u-s-hemp-industry-faces-product-ban/ (“A bipartisan group of Congressional members from South Carolina, Kentucky, California, and Indiana have introduced a bill that would repeal the federal ban under Section 781.”).
61. Indiana Capital Chronicle, supra note 49.
62. Cannabis Observer, WA Legislature (February 2, 2026) Update (Feb. 2, 2026), https://cannabis.observer/observations/110858-wa-legislature-february-2-2026-update/ (SB 6303 introduced January 26, 2026 by Sen. Shewmake, directing WSLCB to implement rule changes on edibles packaging, concentrates packaging, battery recycling, and batch tracking).
63. WPR, Wisconsin Democrats Announce Marijuana Legalization Bill, supra note 45 (noting bipartisan bills introduced to adapt Wisconsin’s hemp framework following the federal loophole closure).
64. Wisconsin SB 1045, supra note 43 (bill text noting that intoxicating hemp products would be regulated within the cannabis framework; beverages or edibles containing 10 milligrams of intoxicating cannabinoids or less would be considered hemp; everything else deemed marijuana).
65. Virginia NORML, Marijuana-Related Legislation in the 2025 Virginia General Assembly Session, https://www.vanorml.org/2025_legislation (SB 1466/HB 2723 delay until July 1, 2026 for automatic sealing of marijuana possession offenses; DSP portal required by October 1, 2026).
66. Marijuana Policy Project, supra note 3 (describing New Hampshire CACR 19 as requiring three-fifths majority in House and Senate to appear on November 2026 ballot, then two-thirds popular vote to pass).
67. Id. (HB 186 passed House January 7, 2026, in a 208-135 vote; Senate Judiciary Committee voted 2-1 against the bill on February 10, 2026); InDepthNH.org, Comprehensive Cannabis Gets Nod to Be Killed in Senate (Feb. 10, 2026), https://indepthnh.org/2026/02/10/comprehensive-cannabis-gets-nod-to-be-killed-in-senate/.
68. Marijuana Policy Project, supra note 3 (SB 651 tabled by Senate on 15-9 vote; HB 1235 would legalize up to 2.5 ounces of cannabis and similar amounts of other products).
69. Id. (describing West Virginia SJR 5 as proposing constitutional right to possess and grow, directing legislature to regulate sales, and allowing petition-based expungement for convictions for possession of up to two ounces).
70. Id. (describing HB 4371 and SB 6204 as adult-use legalization bills with county opt-in provisions).
71. Wisconsin SB 1045, supra note 43 (§ 1 creating Cannabis Conviction Review Unit; § 4 creating cannabis conviction review process).
72. Florida 2026 Cannabis Legalization Campaign Falls Short, Cannabis Business Times, supra note 30 (783,592 valid signatures; 880,062 required; 96,470 short).
73. Florida Officials Miss Counting 54,000+ Signatures, Cannabis Business Times, supra note 33; Florida 2026 Cannabis Legalization Campaign’s Signatures Lawsuit Sent to Supreme Court, Cannabis Business Times, supranote 34.
74. Florida Officials Reset Marijuana Campaign’s Signatures to Zero, Marijuana Moment, supra note 35.
75. Cannabis Business Plans, 2026 Cannabis Reform Ballot, https://cannabusinessplans.com/2026-cannabis-reform-ballot-november-3/ (Nebraska Marijuana Legalization Initiative cleared for signature gathering).
76. Id. (Arizona Repeal Marijuana Legalization Initiative cleared for signature gathering).
77. Id. (Massachusetts Alter Marijuana Regulation Laws Initiative certified to legislature).
78. Marijuana Policy Project, supra note 3 (describing Idaho HJR 4 as constitutional amendment referred to 2026 ballot that would strip voters of the ability to legalize currently prohibited drugs through the initiative process).
79. Virginia Mercury, supra note 21; VPM News, Retail Cannabis Market Appears Set to Finally Hit Virginia in 2026(Dec. 22, 2025), https://www.vpm.org/generalassembly/2025-12-22/marijuana-cannabis-retail-market-general-assembly-2026-krizek-ebbin-wise (describing five-year gap between possession legalization and retail market establishment).
80. Indiana Capital Chronicle, Indiana Keeps Bucking Marijuana Legalization, supra note 47; WBIW, supra note 52.
81. Florida adult-use cannabis initiative heads to Supreme Court, mmjdaily, https://www.mmjdaily.com/article/9813161/florida-adult-use-cannabis-initiative-heads-to-supreme-court-as-signature-dispute-intensifies/; Florida Officials Reset Marijuana Campaign’s Signatures to Zero, Marijuana Moment, supra note 35.
82. The Marijuana Herald, Every Active Cannabis Bill in 2026, supra note 3 (No Deductions Act “would explicitly preserve Section 280E… regardless of scheduling status”).
83. Indiana Capital Chronicle, supra note 49 (SB 250’s explicit provision preventing automatic adoption of federal rescheduling under Indiana law).
84. Marijuana Moment, supra note 38 (Wisconsin SB 534 proponents noting Trump rescheduling order, though Vos opposed it; committee voted 4-1 to advance the bill).