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Cannabis Legalization USA
Oct
Colorado took the first step toward cannabis legalization and became the first state in the United States to legalize marijuana for recreational use and sales when voters there adopted a ballot measure on election day in 2012.
In the following ten years, despite the fact that marijuana remained illegal at the federal level, 18 other states, Washington, D.C., and Guam would legalize cannabis.
Support for cannabis legalization is now widespread among Democratic officials, with some Republicans also on board. State legislatures are debating whether and how to legalize marijuana, while Congress has sponsored various marijuana-related proposals, including those attempting to decriminalize it on a federal level. On April 1, 2022, the House passed a marijuana decriminalization measure, and months later, numerous senators, including Senate Majority Leader Chuck Schumer, sponsored the Cannabis Administration and Opportunity Act, which would legalize marijuana nationwide, according to Marijuana Moment. The bill’s fate in the Senate remains unknown.
On Oct. 7, 2022, President Joe Biden announced that he will offer pardons to everyone convicted of the federal offence of simple marijuana possession while urging governors to do the same for convictions under state laws. The proclamation will affect around 6,500 Americans, although a senior White House official told reporters that no one is presently imprisoned for mere marijuana possession.
States where marijuana is legal
Opponents argue that marijuana is harmful to public health and safety, and others are morally opposed to legalization. Supporters like us, on the other hand, say that it is not as hazardous as alcohol and point to evidence of therapeutic advantages such as stress and pain alleviation.
(These opponents should come to Canada, they are the ones who need weed the most)
Advocates regard it as both a revenue generator for states and a crucial social justice program. Marijuana restrictions have disproportionately impacted minority populations, contributing to mass imprisonment. States where marijuana is legal have moved to address the repercussions of marijuana prohibition retrospectively, frequently incorporating clauses allowing for the expungement or vacation of low-level marijuana convictions.
States where recreational marijuana is legal:
- Colorado
- Washington
- Alaska
- Oregon
- Washington, D.C.
- California
- Maine
- Massachusetts
- Nevada
- Michigan
- Vermont
- Guam
- Illinois
- Arizona
- Montana
- New Jersey
- New York
- Virginia
- New Mexico
- Connecticut
- Rhode Island
In Vermont, retail marijuana will be available in October 2022. Even though marijuana legalization is done in the District of Columbia, there is no regulated recreational market. Meanwhile, Guam officials moved closer to opening the territory’s own business in November 2021 by signing a contract with Metrc, a provider of cannabis regulatory technology.
States have their own licensing systems for dispensaries, but in every state where marijuana is legal, companies that sell cannabis must obtain a state license to do so.
The states regulate and tax sales at different rates. Some jurisdictions levy an excise tax on sales, which are taxes assessed on a specific commodity – in this example, marijuana – levied on the seller, who usually passes it on to the consumer by including it in the product’s price.
The quantity of marijuana an adult may legally possess, whether adults can cultivate their own marijuana plants, and how tax income is spent vary by state.
Colorado – legalization measure approved November 2012
Adults over the age of 21 in Colorado can possess and distribute up to an ounce of marijuana and grow up to six plants apiece, while dwellings are limited to a total of 12 plants regardless of the number of people who live there. It is prohibited to use marijuana in public.
Retail purchases made at licensed dispensaries are subject to regular sales tax as well as a 10% marijuana sales tax. A 15% excise tax is levied on the wholesale price of retail marijuana, which is the amount paid by companies to producers.
Washington – legalization measure approved November 2012
Adults over the age of 21 in Washington can buy and possess up to an ounce of marijuana, 16 ounces of marijuana-infused solid delicacies, 72 ounces of marijuana-infused liquid goods, and 7 grams of marijuana concentrates. It is unlawful to use marijuana in public, and recreational users are not permitted to cultivate the plants at home.
Retail sales are authorized at licensed dispensaries, although they are subject to a 37% excise tax.
Alaska – legalization measure approved November 2014
Alaskan individuals over the age of 21 are permitted to possess and distribute up to an ounce of marijuana, as well as grow up to six marijuana plants, albeit only three of those plants may be mature. Consuming the substance in public is illegal.
Retail sales at licensed dispensaries are legal. The state imposes an excise fee on the drug, which the cultivator must pay.
Oregon – legalization measure approved November 2014
Adults over the age of 21 in Oregon may possess up to an ounce of marijuana in public and up to 8 ounces at home. Adults can also consume up to 16 ounces of marijuana in solid form, such as an edible, or up to 72 ounces of marijuana in liquid form. Adults have the ability to grow up to four cannabis plants. Marijuana usage in public is prohibited in Oregon.
Marijuana retail sales are lawful and taxed at 17%, with cities and counties able to add an extra 3% tax in some situations.
Washington, D.C. – legalization measure approved November 2014
Adults over the age of 21 may possess up to 2 ounces of marijuana and give up to 1 ounce to another person. Adults can also cultivate up to six marijuana plants, with three of them mature.
Recreational cannabis sales are not permitted in the District of Columbia because Congressional Republicans have routinely included language in spending bills that bans the District from creating an independent regulatory body. D.C.’s adult-use marijuana commerce is reliant on gifting services in the absence of regulated merchants.
California – legalization measure approved November 2016
In California, an adult over the age of 21 may possess, purchase, or distribute up to an ounce of cannabis and up to 8 grams of concentrated cannabis. Adults can grow up to six live cannabis plants. In public locations, smoking or consuming marijuana is prohibited, as is taking the substance while driving.
Cannabis retail sales at licensed dispensaries are subject to ordinary state sales tax as well as a 15% excise tax. Cannabis businesses may potentially face additional taxes imposed by local governments.
Maine’s legalization bill was adopted in November 2016.
In Maine, adults over the age of 21 can consume and possess up to 2.5 ounces of marijuana and cultivate up to six blooming and 12 immature marijuana plants.
A regulated retail market went live in October 2020, while numerous proprietors reported low product supply. Marijuana is subject to a 15% excise tax and a 10% sales tax in Maine.
Massachusetts – legalization measure approved November 2016
Adults over the age of 21 in Massachusetts are permitted to carry up to an ounce of marijuana on their person and up to ten ounces at home. Residents may also cultivate up to six plants per individual and up to 12 plants in a household of two or more persons.
Sales at approved dispensaries are lawful. Sales are subject to ordinary state sales tax as well as a 10.75% state excise tax. Marijuana sales can potentially be taxed by municipalities up to 3%.
Nevada – legalization measure approved November 2016
Nevada residents over the age of 21 can possess up to an ounce of marijuana and an eighth of an ounce of concentrated marijuana. Adults may additionally cultivate up to six plants, for a total of twelve plants per home. Marijuana usage in public or in an automobile is prohibited.
Retail sales at licensed dispensaries are allowed and subject to a 10% excise tax on top of the state sales tax.
Michigan – legalization measure approved November 2018
In Michigan, people over the age of 21 are permitted to cultivate, consume, and possess marijuana. Individuals are permitted to cultivate up to 12 plants per home and to possess up to 2.5 ounces of marijuana and 15 grams of concentrated marijuana.
In late 2019, the state’s Marijuana Regulatory Agency began accepting retail license applications. According to David Harns, interim communications director for Michigan’s Department of Licensing and Regulatory Affairs, the state now has registered recreational cannabis businesses as well as medicinal cannabis provisioning facilities.
Vermont – legalization measure approved January 2018
It is legal in Vermont to produce and possess marijuana, but not to buy or sell it – that will change in October 2022, when shops will be granted licenses. Adults over the age of 21 may possess up to an ounce of marijuana and may cultivate two mature and four immature marijuana plants per household.
Guam – legalization measure approved April 2019
Adults over the age of 21 may possess up to one ounce of marijuana and cultivate up to six plants, with no more than three mature.
Guam’s Cannabis Control Board rushed to draft trading criteria earlier in 2020, but their progress was halted by the coronavirus outbreak at the time. While sales are still illegal, people can give up to an ounce of cannabis as a gift.
Illinois – legalization measure approved May 2019
As of January 2020, Illinois citizens over the age of 21 are permitted to possess 30 grams of marijuana, 5 grams of concentrated cannabis, and products containing up to 500 milligrams of THC. Adults who are not Illinois citizens are permitted to consume half of those quantities while in the state. In public areas, consumption is still forbidden.
Residents may first acquire marijuana for adult use via regulated dispensaries, with recreational retail permits gradually rolling out. Sales are taxed based on the amount of THC in the marijuana: cannabis with more than 35% THC is taxed at 25%, while cannabis with less THC is taxed at 10%. Though marijuana has gotten increasingly potent over the years, it is still uncommon for a strain to have more than 35% THC. Cannabis-infused items will face a 20% tax. Local governments can also impose a 3% sales tax.
New Jersey – legalization measure approved November 2020
On Election Day 2020, New Jersey was one of four new states to support marijuana legalization propositions at the same time. A ballot measure to legalize marijuana was supported by over 67% of voters. The bill specifies that only people over the age of 21 will be permitted to consume cannabis. It empowered the existing state commission on medicinal cannabis to control the recreational cannabis market and subjected cannabis commerce to state and municipal taxation. Gov. Phil Murphy signed legislation on Feb. 22, 2021, formally establishing the state’s recreational marketplace while easing penalties for youth marijuana and alcohol possession.
Montana – legalization measure approved November 2020
Montana’s 2020 election ballot included two popular-vote propositions that would regulate recreational marijuana usage. According to the Montana secretary of state, Initiative 190, which legalized the possession and use of restricted amounts of cannabis by individuals 21 and older, was supported by nearly 57% of voters. Montana Constitutional Initiative 118 passed with 58% of the vote, allowing the state legislature to establish an age for marijuana use and consumption.
South Dakota – legalization measure approved November 2020, struck down by state Supreme Court November 2021
South Dakota’s Constitutional Amendment A was on the 2020 ballot and received around 54% of the vote. The law enables individuals over the age of 21 to possess and distribute up to one ounce of cannabis. According to the Sioux Falls-based Argus Leader, a concurrent initiative to legalize medicinal marijuana was passed by almost 70% of voters. However, according to The Associated Press, the state Supreme Court annulled the voter-approved amendment that would have allowed for recreational marijuana usage in late November 2021. The ruling came as a result of a lawsuit filed by Republican Gov. Kristi Noem.
Arizona – legalization measure approved November 2020
Proposition 207 in Arizona would enable individuals over the age of 21 to consume, possess, and cultivate marijuana in limited quantities; prohibit smoking in public; create state and municipal control of marijuana licensees; and allow marijuana offences to be erased. On Election Day, around 60% of voters backed the initiative.
New York – legalization measure approved March 2021
On March 31, 2021, Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act. The legislation permits anyone over the age of 21 to possess up to three ounces of cannabis for recreational purposes, creates two regulatory organizations to regulate its sale and distribution, and allows people convicted of marijuana-related felonies to have their records wiped. According to the New York Times, Democrats in the State Assembly have been sponsoring legalizing proposals since 2013, but their attempts have been failed owing to disputes with Cuomo.
Virginia – legalization measure approved April 2021
SB1406, with modifications proposed by Gov. Ralph Northam, was enacted by both chambers of Virginia’s General Assembly on April 7, 2021. A staff member for Northam said that no additional action was required to pass the bill because the legislature supported the governor’s modifications. As on July 1, 2021, Virginians aged 21 and above will be able to possess up to 1 ounce of recreational marijuana under the modified legislation. While the legislation allows homeowners to cultivate up to four cannabis plants, it does not provide a structure for regulating adult-use marijuana retail sales.
New Mexico – legalization measure approved April 2021
According to Linda Trujillo, the state’s regulatory and licensing director, New Mexico Gov. Michelle Lujan Grisham approved HB2 on April 12, enabling individuals over the age of 21 to cultivate cannabis plants at home and possess up to two ounces outside their homes starting with June 29. On April 1, 2022, state-licensed dispensaries began selling recreational marijuana. Cannabis cultivators at home can cultivate up to six plants per person, for a total of 12 plants per household.
Connecticut – legalization measure approved June 2021
Connecticut legalized recreational cannabis on June 22, 2021, with the signing of Senate Bill 1201. When the law goes into effect on July 1, everyone over the age of 21 will be permitted to possess up to 1.5 ounces of recreational cannabis, plus another five ounces in their house or car. Retail sales are not scheduled to begin until at least the summer of 2022, while the state develops retail laws. Under the new law, prior low-level marijuana charges will likewise be wiped.
Rhode Island – legalization measure approved May 2022
On May 25, 2022, Rhode Island Gov. Dan McKee signed into law a state legislature measure that legalizes, regulates, and taxes cannabis in the state. According to the Marijuana Policy Project, the legislation allows anyone 21 and older to possess up to an ounce of cannabis and cultivate up to three cannabis plants in a private household. It provides a timeframe for the creation of a market to be regulated by a new regulatory body, with sales slated to begin in December 2022 as of May.
Is cannabis legal at the federal level?
The short anwer is No. Marijuana is classed as a Schedule I substance under the Controlled Substances Act at the federal level, which means that the government considers marijuana has no medicinal benefit and a high potential for misuse. Marijuana cultivation, distribution, and possession are all illegal under federal law. However, President Biden’s proclamation on Oct. 7, 2022, asked the secretary of health and human services and the attorney general to “initiate the administrative process to promptly evaluate how marijuana is scheduled under federal law.”
So, now you know everything about cannabis legalization in the united states. So, if you are visiting there make sure to check the cannabis legalization policy of the state.
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