A Look at This Year’s Progress in the Marijuana Movement

Medical Marijuana

Nebraska

Voters on Election Day overwhelmingly approved Measure 437, which permits qualified patients to possess and use cannabis, and Measure 438, which establishes a regulated system for the production and distribution of medical cannabis. Nebraska is the 39th state to codify legal access for medical cannabis patients. Although opponents of the law have filed a pair of lawsuits seeking to nullify the vote, their litigation efforts have not been successful thus far.

Delaware

Democratic Gov. John Carney signed HB 285 into law in May, expanding medical cannabis access for qualified patients. The law, which took effect upon signing, gives physicians the discretion to recommend medical cannabis to any patient who may benefit from it — regardless of whether or not they suffer from a state-specific qualifying condition. It also allows those ages 65 and older to self-certify for a registration card absent a doctor’s recommendation.

NORML’s Deputy Director Paul Armentano testified in favor of the measure, stating: “Physicians in Delaware are limited to recommending medical cannabis solely to those patients who possess one of a limited number of state-specific qualifying medical conditions. This condition list was created by lawmakers, not by health professionals. A case in point. Neither fibromyalgia nor Tourette Syndrome currently appear on Delaware’s qualifying condition list.”

Republican Gov. Chris Sununu signed a pair of bills expanding patients’ ability to access medical cannabis products.

The first, SB 357, expands the pool of healthcare professionals who can recommend medical cannabis to include anyone “who is licensed to prescribe drugs to humans and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient’s care related to his or her qualifying medical condition.”The second, HB 1278, provides discretion to healthcare providers to issue medical cannabis recommendations to any patient for whom they believe that “the potential benefits of using therapeutic cannabis would … likely outweigh the potential health risks.” The law took effect 60 days after passage.

Washington

Lawmakers enacted legislation (HB 1453) in March providing tax breaks for patients who purchase certain cannabis products. Under the law, patients registered in the state’s voluntary medical cannabis access program are exempt from the state-imposed 37 percent excise tax when they purchase designated products.

The exemption only applies to products designated ‘DOH (Department of Health) compliant.’ DOH-compliant products have undergone more rigorous safety testing than is typically required under state law.

Mississippi

Republican Gov. Tate Reeves signed legislation into law this spring establishing a state-sponsored cannabis research program at the University of Mississippi.

That law facilitates and funds medical cannabis research, including “research related to the efficacy and potential health effects of various cannabis delivery methods, including vaporizing, ingesting, topical application, and combustion.”

California, Colorado, Florida, Kentucky, Pennsylvania, and Utah have similarly established state-sponsored institutions to study the safety and efficacy of cannabis. Those programs have conducted several FDA-approved clinical trials documenting marijuana’s efficacy in various patient populations.

Decriminalization

Louisiana

Lawmakers passed, and Republican Gov. Jeff Landrey signed into law, legislation removing the threat of jail time for the possession of marijuana-related paraphernalia. Under the law, which took effect in August, first-time offenders face a $100 fine.

Previously, possessing cannabis paraphernalia was defined as a criminal misdemeanor, punishable by up to 15 days in jail and a $300 fine.

Expungement

Maine

Democratic Gov. Janet Mills signed legislation (LD 2236) providing for the sealing of marijuana-related criminal records.

The measure permits those with marijuana-related convictions for activities that have since been legalized to petition the courts to have their criminal record sealed. Those with marijuana possession and cultivation records are eligible for legal relief.

Maine is the 25th state to enact legislation explicitly facilitating the expungement of marijuana-specific convictions. Publicly available data compiled by NORML earlier this year reported that state courts have either expunged or sealed the records of more than two million marijuana-related cases as a result of these laws.

Hawai’i

Lawmakers passed, and Democratic Gov. Josh Green signed legislation (HB 1595) to establish a marijuana expungement pilot program for Hawaii County, home to 14 percent of the state’s population.

Workplace Drug Testing

Virginia

Republican Gov. Glenn Youngkin approved legislation (SB 391 | HB 149) expanding the state’s employment protections for medical cannabis patients to include public employees. The new law took effect on July 1, 2024.

In response to the Governor’s approval, JM Pedini—NORML’s Development Director and the Executive Director for Virginia NORML—said: “NORML has worked closely with Delegate Dan Helmer and firefighters across the Commonwealth for three years to pass a simple definitional amendment that will ensure public employees are properly covered by the state’s existing employment protections law for medical cannabis patients. This legislation will protect the jobs of these heroes who risk their lives to keep Virginians safe.”

Industry

California

Democratic Gov. Gavin Newsom signed legislation (AB 1775) permitting on-site cannabis lounges to expand their operations, including selling non-cannabis-infused food and beverages and tickets to live performances. California NORML backed the new law, which takes effect on January 1, 2025.

Delaware

In October, lawmakers approved legislation (HB 355) that provides state-level legal protections for financial institutions and other entities that provide financial or accounting services to licensed cannabis-related businesses.

The law stipulates that “banks, credit unions, armored car services, and providers of accounting services are not subject to prosecution under Delaware law merely by providing lawful services to licensed businesses engaged in the production, distribution and sale of cannabis.”