U.S. Cannabis Legalization 2023 Update

2022 was an eventful year for cannabis activists, lawmakers, businesses, and consumers. 4 U.S. states legalized either medical or recreational cannabis, and most of them are from the Southeast region. As of January 2023, 38 states have a medical cannabis program, and 22 have legal recreational cannabis.

States that Legalized Cannabis

Here is a map that demonstrates the legal status of each U.S. state. 

U.S. Cannabis Legalization Map – Early 2023

The U.S. West region contains the most states with fully legalized cannabis: Alaska, Arizona, California, Colorado, Montana, Nevada, New Mexico, Oregon, and Washington. The nation’s Southeast region has the least states with fully legalized cannabis: Virginia and Maryland (excluding Washington D.C.).

States that Legalized Cannabis in 2022

3 states legalized recreational cannabis in 2022: Maryland, Missouri, and Rhode Island. Mississippi is the only state that legalized medical cannabis in 2022.

Maryland legalized cannabis through Maryland Question 4. Adults 21 years old and up can purchase and possess up to 1.5 ounces of cannabis, 12 grams of cannabis concentrates, and grow up to 2 plants for personal use and gifting. Possession charges of 2.5 ounces and lower will be expunged from criminal records, and people that are currently serving time for this can qualify for resentencing.

Missouri passed cannabis with Amendment 3. Missouri adults 21 and older can possess up to 3 ounces of cannabis and foresee economic developments within the state. With a registration card after the February 6 application deadline, Missourians can cultivate up to 6 flowering plants, 6 immature plants, and 6 plants under 14 inches for personal use. A 6 percent tax on recreational cannabis will go towards veterans’ healthcare, substance abuse treatment, and expunging nonviolent cannabis offenses from records. There will also be a social equity program to give license priorities to low-income applicants and others that may have been affected by the war on drugs.

Unlike Maryland and Missouri, Rhode Island legalized recreational cannabis in the middle of 2022 in May with the Rhode Island Cannabis Act. Adults 21 and older can use and possess up to one ounce of cannabis in public, 10 ounces at home, and cultivate 3 mature plants and 3 immature plants. The state enacted recreational cannabis sales in December 2022.

The only state that established a medical cannabis program last year was Mississippi through Senate Bill 2095. Mississippi patients can purchase and possess up to 3.5 grams of medical cannabis per day and 3 ounces per month.

New York legalized recreational cannabis in 2021, but its first sale took place in December 2022 like Rhode Island. Adults are now able to possess up to 3 ounces of cannabis, 24 grams of concentrated forms of cannabis, and cultivate 3-6 cannabis plants depending on the number of adults in a household. They can also store up to 5 pounds of cannabis at home and consume it at certain public establishments. New York’s MRTA bill added Autism, Alzheimer’s disease, and Muscular Dystrophy to the list of conditions which qualify patients to receive medical marijuana treatment. 

Connecticut recently allowed the sale of cannabis to adults 21 and up on Jan. 10, 2023, despite legalization in 2021. Adults can possess up to 1.5 ounces of cannabis, purchase up to 1/4 of an ounce at a time, and 5 ounces of medical cannabis per month.

Which states will legalize cannabis soon?

Here are the states that are currently considering legalizing cannabis: Florida, Arkansas, Delaware, Texas (certain cities), South Carolina (medical), and Kentucky (medical).

Florida may see recreational cannabis in 2024 since cannabis activists are ramping up legalization efforts ahead of time. As of this month, activists from the Smart & Safe Florida group have collected close to 150,000 signatures. Florida currently has a medical cannabis program Purchasing, possession, resentencing, etc.

Arkansas was close to legalizing cannabis in 2022 since cannabis activists gathered enough signatures for legalization to qualify for the ballot. However, Arkansas ultimately voted not to legalize it despite what polls suggested. This was a close attempt, so the chances of legalization are even greater for the next ballot.

For South Carolina, there are 2 proposals that aim to legalize medical cannabis. The first proposal is the Put Patients First Act which could create a medical cannabis program similar to existing programs from other states. This bill will allow registered patients to be able to grow medical cannabis plants at home. The second proposal is the South Carolina Compassionate Care Act which will permit patients to be recommended medical cannabis by a physician, but they would need to qualify for serious medical conditions for treatment. 

Delaware lawmakers approved the HB 1 legalization bill in mid-January. The bill will legalize the purchase and possession of one ounce of adult-use cannabis for Delaware citizens 21 years and older. In addition, the HB 2 regulatory bill will set up new rules, such as priorities for cannabis business licenses for applicants, a “Justice Reinvestment Fund,” and a 15% cannabis sales tax for adult-use cannabis. The HB 1 bill will be up for a vote by the House in March.

Kentucky patients are protected from legal consequences for possessing medical cannabis starting on January 1, 2023, as its sale is illegal. Kentucky lawmakers introduced a bill that could legalize one ounce of personal possession of cannabis for adults 21 years and older. This bill can potentially put cannabis legalization up for ballot this year, but it is too early to tell whether the result of this will be legalized medical cannabis or both recreational and medical.

Texas is a unique example of cannabis legalization. Voters in 5 Texas cities, Denton, San Marcos, Killeen, Elgin, and Harker Heights voted to decriminalize cannabis, but many city officials vetoed this while claiming that it violates state laws. Cannabis advocates and supporters agree that this is a disservice to democracy. However, certain cities such as Houston, Austin, Dallas, El Paso, San Antonio, and counties like Nueces and Travis Counties have decriminalized the possession of THC of personal amounts. The current pace of cannabis legalization in Texas is slow and questionable, but efforts remain high in some major cities despite state law.

Conclusion

The current trend of cannabis legalization opens the door to opportunities for cannabis businesses and anticipation for potential cannabis consumers and patients. The only states that may not legalize cannabis at any capacity shortly are Kansas, Nebraska, and Idaho. Many U.S. states, especially in the South, have a high chance of legalizing cannabis either medical or recreational. For a good portion of them, the question is how soon will cannabis become legal rather than if.

How Can Sapphire Risk Help?

Tony Gallo and the team of experts and consultants at Sapphire Risk Advisory Group have worked to secure medical marijuana and recreational cannabis businesses in 37 states. Follow us on social media to stay up to date with more security best practices and cannabis industry updates!