These states could next legalize marijuana in 2023

The march towards legalization continues, Leafly Nation!

In 2023, we expect a handful of states to pass legislation — or send measures to voters — to legalize adult-use cannabis, or medical marijuana.

Read on to learn more about the states we’re eyeing, the specifics of the measures themselves, and the current status of these various campaigns.

Delaware

Last year, the Delaware legislature passed two bills to legalize cannabis possession and create the framework for an adult consumption industry. They hoped that the first bill would force Gov. John Carney (D) to greenlight the second — otherwise the state would effectively create an unregulated “gift economy.” However, Carney vetoed the Possession Act.

This year, lawmakers are making another attempt: They’ve already introduced two new cannabis legalization bills: HB 1 and HB 2. The main difference from last year’s efforts? The Possession Legalization Act does not allow donations.

Both new bills have already been passed by the committee. They could get a House-wide vote as early as March.

Related

40 weed predictions that will most likely come true in 2023

Hawaii

With the backing of the state’s new pro-reform Gov. Josh Green (D), Hawaii lawmakers are optimistic they can pass legalizing adult use this year. In January, state deputy Jeanné Kapela (D) made clear her intention to introduce legislation to legalize it.

“The most marginalized people in our society would be the first to get involved in the cannabis industry that we want to grow,” Kapela said at an event announcing the upcoming law.

“Agriculture and business practices would be based on sustainable and indigenous farming practices and ensure cannabis operations serve the needs of US citizens, the people of Hawaii and not the profits of multi-state corporations,” she added.

Maryland

Maryland residents voted in favor of legalization in November (no less than 2 to 1), but legal possession will not be fully effective until July 1, 2023. Meanwhile, Maryland is considering personal possession of up to 1.5 ounces of cannabis only subject to a civil fine of up to $100. It does not lead to arrest or imprisonment.

We expect the Maryland legislature to pass legislation in the coming months to create the framework for a legal and regulated cannabis industry. In other words, you can legally own in Maryland on July 1, but you can’t legally buy until the legislature makes the rules.

Related

Missouri tops $12 million in marijuana sales during opening weekend

Minnesota

Legalization is looking promising in MInnesota this year. In late January, Gov. Tim Walz (D) released his proposed two-year budget, which includes allocations to implement an adult-use cannabis program and to implement deletions.

A more than 200-page bill has begun to make its way through various state legislative committees. The Minnesota Democratic-Farmer-Labor Party (DFL) holds a narrow majority in both houses of state government.

Minnesota Public Radio reports that the bill would impose an estimated 15% tax on sales and prohibit counties from banning licensed businesses outright. The bill does not yet include a start date for the program.

Ohio

This January, Ohio Secretary of State Frank LaRose (R) introduced another bill to legalize adult-use marijuana and introduce a 10% tax on retail sales. LaRose originally proposed the law last year but was forced to delay putting it before voters.

If the Republican-held Statehouse doesn’t pass the bill (and, to be clear, nobody expects it), the measure could go to voters in November 2023.

While voters are more likely than state lawmakers to push legalization, it’s far from a guaranteed victory. In 2015, Ohio voters voted strongly against adult use by a majority of almost two to one. But this measure was a notoriously flawed proposal that drew criticism from even the most ardent supporters of legalization.

Related

Four legalization lessons from the 2022 election

Oklahoma

Although activists collected enough signatures to allow voters to use it for adults in the November 2022 midterm election via a measure known as State Question 820, errors on the part of state officials prevented the measure from actually appearing on the ballot.

As a result, Oklahoma will vote to legalize adult-use marijuana in a March 7 special election. A poll released late last year found that 49% of adults support the measure, 38% oppose it and 13% are undecided.

Pennsylvania

Many of Pennsylvania’s regional neighbors — Maryland, New Jersey, New York, Virginia, DC — have all legalized adult-use marijuana, but the state of Keystone has been slow to follow suit. State GOP lawmakers have blocked legalization bills, but state Democrats regained some seats in the November 2022 election. Then, on February 7, the Democrats won three special elections that gave them a slight advantage in the state house: 102 to 101. That tiny majority could be enough for Keystone State to finally get a legalization bill through the House; Republicans retain control of the state Senate.

If a legalization bill manages to acquit the House and Senate, Pennsylvania’s new pro-reform Gov. Josh Shapiro (D) is likely to support it.

South Carolina

Two medical marijuana bills were pre-filed in South Carolina. A bill allows residents to use medical marijuana and allows dispensaries to open; The other bill lays the groundwork for a broader medical marijuana program.

State Senator Tom Davis (R) introduced a medical marijuana bill in the latest session, which died in the state house.

Wisconsin

In recent interviews, leaders of Wisconsin’s dominant Republican party have signaled that they have nearly reached consensus on medical marijuana legislation.

Lawmakers stress that they would only support a restrictive program. “I support a form of medical marijuana where it’s very restricted, so it only goes to people who have a real medical condition,” said Robin Vos, Speaker of the State Assembly, in a recent interview.