Marijuana legislation is continuing to evolve in the new year across jurisdictions throughout the U.S. Below, we dive into a brief survey of notable changes to marijuana legislation across the U.S. during the first three weeks of 2025.
I. Indiana
Two weeks ago, two Republican Indiana lawmakers filed bills to: 1) decriminalize possession of small amounts of marijuana; and 2) legalize medical marijuana and recreate a regulatory regime to oversee its cultivation, processing, and sale.
House Bill No. 1145
House Bill No. 1145 (HB 1145), sponsored by Indiana State Representative Heath VanNatter, was prefiled on Tuesday, January 6, and referred to Indiana’s House Committee on Courts and Criminal Code. Among other things, HB 1145 would amend the state’s criminal code to decriminalize individual possession of up to two ounces of marijuana. Additionally, HB 1145 would amend the state’s criminal code to decriminalize the personal growth of up to two ounces of marijuana.
House Bill No. 1178
House Bill No. 1178 (HB 1178), sponsored by Indiana State Representative Jim Lucas, was prefiled on Tuesday, January 6, and referred to the House Committee on Public Health. HB 1178 would amend the Indiana code to include Article 53, which would establish the state’s medical marijuana program. HB 1178 would allow patients with a “serious medical condition” (i.e., a medical condition for which, in the professional opinion of a physician, the benefits of treatment with medical marijuana are greater than the risks) to possess and ingest medical marijuana. Pursuant to HB 1178, the Indiana Department of Health would be responsible for regulatory oversight of the medical marijuana program.
II. Kentucky
Two weeks ago, Kentucky Senator David Yates introduced two bills before the General Assembly to: 1) decriminalize possession of marijuana and the expungement of cannabis convictions; and 2) submit the issue of the legalization of marijuana for adult use to voters.
Senate Bill 33
Senate Bill No. 33 (SB 33), sponsored by Democratic Sen. David Yates, was introduced on January 7, and has been pending before the Senate Judiciary Committee since January 9. SB 33 proposes the amendment of KRS 218A.1421, 218A.1422, and 218A.1423 to remove criminal penalties for possession, cultivation, or trafficking of up to eight ounces or five plants of marijuana. Additionally, SB 33 creates a new section of the KRS Chapter 431 which provides for the expungement of to allow for the expungement of certain convictions related to cannabis.
Senate Bill 36
Senate Bill No. 36 (SB 36), also sponsored by Yates, was introduced on January 7, and has been pending before the Senate State & Local Government Committee since January 9. SB 36 would create a ballot initiative to allow Kentucky voters to amend the state’s constitution by adding a new section to guarantee the right of an individual 21 years or older to possess, use, buy or sell less than one ounce of cannabis and to cultivate, harvest, and store up to five cannabis plants for personal use. Additionally, SB 36 would also allow for the production, processing, and sale of cannabis and cannabis-derived products to be controlled by the General Assembly.
III. South Carolina
On December 11, 2024, South Carolina’s Republican Senator Tom Davis prefiled State Bill No. 53, better known as the South Carolina Compassionate Care Act (SB 53 or the South Carolina Compassionate Care Act), which would create a highly regulated medical marijuana regime. The South Carolina Compassionate Act aims to decrease the prescription and use of opioids. SB 53 is largely similar to S.423, which Davis introduced during South Carolina’s last legislative session. Despite being passed by the Senate, S. 423 was never voted on.
The Compassionate Care Act contemplates the amendment of Chapter 53, Title 44 of the South Carolina Code to: (i) authorize the sale of cannabis for therapeutic use and to enumerate the conditions under which a sale of cannabis can occur; (ii) add Section 56-5-3910, which specifies that it is unlawful for a driver of a motor vehicle to vaporize cannabis products as defined in Section 44-53-2010 and to provide penalties, and (iii) make other amendments contained therein. The South Carolina Compassionate Care Act provides for the authorization of the sale of medical marijuana for patients with certain qualifying medical conditions. If passed by the South Carolina legislature, the South Carolina Compassionate Care Act would legalize medical marijuana for use by patients with several specified debilitating medical conditions (i.e., cancer, multiple sclerosis, epilepsy, glaucoma, Crohn’s disease, sickle cell anemia, ulcerative colitis, autism, etc.), a terminal illness, or chronic conditions for which opioids are the standard course of treatment. In order to obtain medical marijuana, patients would have to attend a State Board of Pharmacy licensed “therapeutic cannabis pharmacy”. Pursuant to the South Carolina Compassionate Care Act, the South Carolina Department of Public Health and Board of Pharmacy are responsible for determining the regulatory scheme for cultivation and distribution of medical cannabis. As of January 14, the Compassionate Care Act is pending in the South Carolina Senate Committee on Medical Affairs.
IV. Georgia
Introduced on January 14 by Georgia Democratic representatives Viola Davis, Sandra Scott, and Kim Schofield, Georgia House Bill 41, known as the Georgia Local Governance and Fair Enforcement Act, is the latest iteration of decriminalization efforts to hit the state of Georgia. House Bill No. 41, sponsored by Rep. Davis, Rep. Scott, and Rep. Schofield would amend the Georgia Code Section 16-13-2 to authorize counties and municipal corporations to adopt ordinances governing and punishing the possession of one ounce or less of marijuana, and provide for the decriminalization of the possession of marijuana less than or equal two one ounce.
V. Virginia
Prefiled on January 6 by Democratic state Senator Aaron R. Rouse and co-sponsored by Democratic state Senators Jennifer C. Foy and Sen. Lasherecse Aird, Senate Bill 970 (SB 970) establishes a regulatory framework for the creation of the retail marijuana market in the Commonwealth of Virginia. The retail marijuana market established by SB 970 would be administered by the Viriginia Cannabis Control Authority (the Authority). SB 970 further provides that the Authority could begin issuing marijuana licenses on September 1, 2025, to the state’s existing medical marijuana operators (Ayr Wellness, The Cannabist Co., Green Thumb Industries, Jushi Holdings, and Verano Holdings Corp.); however, no retail sales may occur prior to May 1, 2026.
SB 970 was introduced in response to Virginia Governor Glenn Youngkin’s decision to veto the adult-use marijuana bill in 2024, citing “Virginians’ health and safety.” According to Senator Rouse, “this bill prioritizes public safety in creating a well-regulated marketplace…”. Rouse further stated, “[t]he safety and security of all Virginians is a top priority of [the Commonwealth’s] legislative body, and in recent years, we have seen an unchecked proliferation of illegal and unregulated marijuana stores.” In addition to the aforementioned licensing structure, SB 970 would also require the Authority to establish a seed-to-sale tracking program by December 31.
On Friday, January 17, the Senate Committee on Rehabilitation and Social Services voted 8-7 to refer SB 970 to the Finance and Appropriations Committee.
VI. North Carolina
North Carolina made headlines last year as the state’s proponents of medical and recreational marijuana unsuccessfully attempted to pass medical marijuana. Despite Senate approval of the bill to legalize medical marijuana in its first two votes, the North Carolina House of Representatives did not take up the bill due to lack of support among the House Republicans. Despite medical marijuana’s failure during the legislative session last year, those close to the issue remain optimistic for the revival of the issue and passage of medical marijuana during the current session.
Our Cannabis Practice provides advice on issues related to applicable federal and state law. Marijuana remains an illegal controlled substance under federal law.
Source – JD Supra
Introduced on January 14 by Georgia Democratic representatives Viola Davis, Sandra Scott, and Kim Schofield, Georgia House Bill 41, known as the Georgia Local Governance and Fair Enforcement Act, is the latest iteration of decriminalization efforts to hit the state of Georgia. House Bill No. 41, sponsored by Rep. Davis, Rep. Scott, and Rep. Schofield would amend the Georgia Code Section 16-13-2 to authorize counties and municipal corporations to adopt ordinances governing and punishing the possession of one ounce or less of marijuana, and provide for the decriminalization of the possession of marijuana less than or equal two one ounce.
V. Virginia
Prefiled on January 6 by Democratic state Senator Aaron R. Rouse and co-sponsored by Democratic state Senators Jennifer C. Foy and Sen. Lasherecse Aird, Senate Bill 970 (SB 970) establishes a regulatory framework for the creation of the retail marijuana market in the Commonwealth of Virginia. The retail marijuana market established by SB 970 would be administered by the Viriginia Cannabis Control Authority (the Authority). SB 970 further provides that the Authority could begin issuing marijuana licenses on September 1, 2025, to the state’s existing medical marijuana operators (Ayr Wellness, The Cannabist Co., Green Thumb Industries, Jushi Holdings, and Verano Holdings Corp.); however, no retail sales may occur prior to May 1, 2026.
SB 970 was introduced in response to Virginia Governor Glenn Youngkin’s decision to veto the adult-use marijuana bill in 2024, citing “Virginians’ health and safety.” According to Senator Rouse, “this bill prioritizes public safety in creating a well-regulated marketplace…”. Rouse further stated, “[t]he safety and security of all Virginians is a top priority of [the Commonwealth’s] legislative body, and in recent years, we have seen an unchecked proliferation of illegal and unregulated marijuana stores.” In addition to the aforementioned licensing structure, SB 970 would also require the Authority to establish a seed-to-sale tracking program by December 31.
On Friday, January 17, the Senate Committee on Rehabilitation and Social Services voted 8-7 to refer SB 970 to the Finance and Appropriations Committee.
VI. North Carolina
North Carolina made headlines last year as the state’s proponents of medical and recreational marijuana unsuccessfully attempted to pass medical marijuana. Despite Senate approval of the bill to legalize medical marijuana in its first two votes, the North Carolina House of Representatives did not take up the bill due to lack of support among the House Republicans. Despite medical marijuana’s failure during the legislative session last year, those close to the issue remain optimistic for the revival of the issue and passage of medical marijuana during the current session.
Our Cannabis Practice provides advice on issues related to applicable federal and state law. Marijuana remains an illegal controlled substance under federal law.
Source JD Supra
https://www.jdsupra.com/legalnews/weed-ing-through-the-laws-a-snapshot-of-8413349/
