what is the healthiest and the cheapest way to use recreational marijuana without smoking it - 2018
Legalization
18 states, two territories, and the District of Columbia have legalized modest amounts of cannabis (marijuana) for adult recreational apply. In late June, Connecticut became the latest state to legalize the recreational use of cannabis with the passage of SB 1201. Some aspects of the bill do not have effect immediately, but those 21 years old and higher will be able to recreationally use cannabis starting July 1, 2021. On Apr 7, 2021, Virginia'southward legislature accepted the governor'due south recommended amendments for a significantly speedier implementation window for HB 2312 which would legalize recreational cannabis employ in Virginia and constitute a regulated commercial market. New York legalized cannabis with the governor's signature of AB 1248, which was passed during New York'southward 2021 session. Additionally, on March 30, 2021, New Mexico's legislature introduced its Cannabis Regulation Act within their showtime special session. The beak, HB 2a, has been signed by the Governor.
In the 2020 elections, S Dakota voters passed Constitutional Subpoena A (54%). Quickly after the amendment passed, it was challenged in court. On Feb. eight, 2021 Excursion Approximate Christina Klinger ruled that the measure was unconstitutional. The map below summarizes cannabis policy throughout the states as of June 2021.
History
Colorado and Washington approved adult-utilize recreational marijuana measures in 2012. Alaska, Oregon and Commune of Columbia followed adapt in fall of 2014. In 2015, Ohio voters defeated a ballot measure that addressed commercial production and sale of recreational marijuana. On Nov. 8, 2016, voters in iv states, California, Maine, Massachusetts and Nevada, approved adult-apply recreational marijuana, while voters in Arizona disapproved. In 2018, Michigan voters canonical "Proposal one" by a margin of 56 percent to 44 percent to legalize, regulate, and taxation marijuana in the land. In 2018, Vermont became the first land to legalize marijuana for adult employ through the legislative process (rather than a ballot initiative.) Vermont's law went into effect July 1, 2018. In May 2019, the Illinois General Assembly passed the Cannabis Regulation and Tax Act, House Bill 1438 and the Governor signed the legislation in June. Recently, New Jersey (AB 21) legalized sure personal use, while removing marijuana every bit a schedule I drug.
Study Efforts
On March sixteen, 2021, NPR'south Planet Money released a newsletter entitled The Data On Legalizing Weed. The newsletter discusses studies on offense rates, traffic accidents, prices, jobs, state budgets, and land workers' comp programs.
In 2020, Virginia adopted SJR 67 - having Virginia begin it'south journey to bring together the other states in legalizing cannabis for recreational employ. The resolution begins a study requiring recommendations for implementing legalization by July ane, 2022.
In 2018, study bills were filed in Hawaii, Massachusetts, New Hampshire, New Mexico, North Dakota and Rhode Island. The measures in New Hampshire and Rhode Island were enacted and established commissions to study the legalization, regulation and taxation of marijuana.
Repeal Efforts
Bills to repeal voter initiatives approving adult-employ legal marijuana were introduced in 2018 but did not pass in Washington. On February eight, 2021 Circuit Approximate Christina Klinger ruled that Southward Dakota's Ramble Amendment A was unconstitutional.
Federalism
Recently, Michigan (Hour 151) urged Congress of the United States to clarify its position on the legality of marijuana under the Federal Controlled Substances Act. Several bills before state legislatures in 2018 addressed the federal role in marijuana policies. California passed a resolution urging Congress to pass legislation that would permit financial institutions to provide services to the cannabis manufacture. Bills or resolutions were introduced in 2018 in Alaska California, Georgia, Iowa, Massachusetts Michigan, New Jersey, and Pennsylvania call on Congress to reschedule or otherwise allow state authority for marijuana policy. NCSL has sent a letter to Congress in 2018 in support of a recently introduced bill to protect country sovereignty with respect to marijuana regulation. NCSL also sent a letter in support of linguistic communication prohibiting the DOJ from using justice funding for enforcement actions against states with legal medical marijuana laws. NCSL's Police, Criminal Justice and Public Condom committee too recently enacted a policy resolution on cannabis.
Under federal police, marijuana is still a Schedule I illegal substance.
Decriminalization
20-seven states and the Commune of Columbia take decriminalized small amounts of marijuana. This generally ways certain small, personal-consumption amounts are a civil or local infraction, not a land criminal offence (or are a lowest misdemeanor with no possibility of jail time). In 2014 and preceding the successful legalization ballot measure, the Commune of Columbia enacted legislation, which passed congressional review, and made possession or transfer without remuneration of one ounce or less of marijuana a civil violation.
Decriminalization Enactments 2020
- Delaware (Southward 45) makes the possession, use, or consumption of a personal use quantity of marijuana a ceremonious violation for juveniles.
- New Bailiwick of jersey (AB 5342) revises consequences for underage possession or consumption of various forms of cannabis.
- Virginia (HB 972) decriminalizes simple marijuana possession and provides a civil penalty, if such person is smoking, consuming, or otherwise ingesting marijuana in a public place at the time of the violation.
Decriminalization Enactments 2013 - 2019
- In 2019, Hawaii passed House Bill 1383. When the bill goes into upshot Jan. 11, 2020, possession of three grams or less of marijuana will punishable by a $130 fine.
- New Mexico also passed HB 323 in 2019 and it went into event on July 1, 2019. The penalty for the possession of upwards to a half an ounce of marijuana is a $50 civil fine, instead of potential jail fourth dimension.
- In 2019, N Dakota passed House Nib 1050. The beak goes into consequence August 1, 2019 and reclassifies possession of upward to a half an ounce of marijuana every bit an infraction that carries a maximum fine of $thou.
- In 2017, New Hampshire became the latest state to decriminalize (HB 640) pocket-size amounts of marijuana. Fines for possession of up three-quarters of an ounce of marijuana were reduced from $ii,000 to merely $100 for a first or 2nd criminal offence. In 2016, New Hampshire passed legislation (SB 498) that made possession of one ounce or less of marijuana an unspecified misdemeanor, stopping short of decriminalization.
- In 2016, the Illinois General Associates enacted and the governor signed legislation (SB 2228) to decriminalize 10 grams or less of marijuana, making it an infraction that does non result in a criminal tape.
- In early 2016, the Maryland General Assembly overrode the governor's veto of a 2015 mensurate (SB 517) that decriminalized marijuana paraphernalia and imposes ceremonious fines of $500 for public cannabis apply.
- In 2019, New York enacted Senate Beak 6589, which fabricated possession of less than 1 ounce a violation punishable by $200.00 fine.
Penalties
Other land actions have reduced criminal penalties for marijuana convictions, generally following a trend to reduce adverse consequences of some marijuana crimes. In the past decade, legislation in at least xvi states take amended marijuana penalties.
Significant legislation in 2019 & 2020 affecting marijuana penalties included:
- Delaware (S 47) did an overhaul to its drug code with a goal of providing more than fairness in its application; removing geographic based enhancements that disproportionately touch those living in urban areas every bit opposed to suburban and rural areas; reduces the number of weight tiers; enhanced penalties for delivering cannabis in a school or on school belongings while in session with enrolled students exempt from the violation.
- Illinois (H 160) enhanced penalties for delivering cannabis in a school or on school belongings.
Significant legislation in 2017 affecting marijuana penalties included:
- Kansas (SB 112) reduced the severity level for unlawful possession for drug paraphernalia from a class A to a class B non-person misdemeanor.
- Montana's sweeping sentencing beak (HB 133) includes provisions that reduced penalties for possession of marijuana under 60 grams to a misdemeanor with no jail time.
- N Dakota (HB 1041) reduced the drug possession (including marijuana) charge level from a Class C felony to a Class A misdemeanor for first-fourth dimension offenders and establishes probation as the presumptive sentence for low-level, irenic felonies. Some other bill (HB 1269) reduced mandatory minimum sentences for controlled substances including marijuana.
- To create consistency in state law in response to Measure 91, Oregon enacted (SB 302) which repealed some penalties related to unlawful possession of marijuana.
- West Virginia ( HB 2579) increased the penalties for transporting controlled substances into the land but provided a differing, lesser penalization for an offense involving marijuana.
Significant legislation in 2016 affecting marijuana penalties included:
- Vermont (HB 858) raised to one ounce the amount of marijuana being unlawfully sold or dispensed for which an imprisonment penalty applies.
- Indiana lawmakers enacted a penalty measure (SB 290) that sets amounts of drugs for which a person may be bedevilled of possession with intent to evangelize without additional prove of trafficking. The marijuana amount is 10 pounds or more.
- A Maryland enactment (HB 565) made possession of 10 grams or more of marijuana a misdemeanor.
- In Minnesota, an act (SB 3481) modified threshold amounts for several drugs, including marijuana. The enactment as well created new possession crimes for specified amounts of marijuana plants and a new gross misdemeanor offense for possession offenses involving trace amounts of drugs.
- Oklahoma (HB 2479) shortened sentences for many drug crimes, including marijuana possession.
- An enactment in Louisiana decreased criminal penalties for some drug paraphernalia offenses and also removed such offenses as a predicate confidence for sentence enhancement purposes.
- A justice reinvestment act in Maryland (HB 1312) addressed mandatory penalties for possession and distribution of 50 pounds or more than of marijuana.
- A Delaware (HB 332) enactment allows probation before judgment for misdemeanor marijuana offenses.
Pregnant legislation in 2015 affecting marijuana penalties included:
- Utah lawmakers enacted wide sentencing and corrections reform legislation (HB 348) that included reduction of nigh marijuana penalties to misdemeanors.
- A Connecticut human action (HB 7104) created a new punishment construction that makes one-half an ounce or more than of marijuana a Course A misdemeanor instead of a felony. Other drug possession also became a misdemeanor rather than a felony, while courts have options for repeat offenses.
- An act in Wyoming in 2015 (SB 38) provided for deferred prosecution for showtime offenses of using or existence under the influence of controlled substances, including marijuana.
- The North Dakota Legislative Assembly enacted a bill (HB 1394) that reduced from a Class A to a Class B misdemeanor the possession of less than one ounce of marijuana.
- Legislation canonical in Louisiana (HB 149) created graduated penalties for marijuana possession based on amounts and number of convictions.
- And a 2015 Texas act (HB 642) allows judges to require that minors who possess marijuana participate in drug education programming.
Significant legislation in 2014 affecting marijuana penalties included:
- A Mississippi (HB 585) measure addressed drug courts and penalties for sure drug possession offenses, including marijuana.
- Utah (SB 205) provided that increased sentences for some drug possession crimes, including marijuana, may non result in an criminal offense greater than a second-caste felony.
- Oklahoma legislation (SB 1875) allows a deferred sentence for certain drug offenders, including marijuana, and provides for no conviction record upon completion of conditions.
Record Immigration
40-one states, two territories, and the District of Columbia all have tape clearing laws which may use to cannabis. Of these, seven states record clearing laws specifically address cannabis offenses. For additional information see our Cannabis Tape Clearing resource.
Significant legislation in 2020 related to expungement:
- Michigan (HB 4982) modifies the set-bated procedure for certain marihuana offenses.
- New Jersey (AB 1897) raises awareness for available expungement relief for cannabis offenses.
Significant legislation in 2019 related to expungement:
- Illinois' 2019 Cannabis Regulation and Tax Human activity allows the state to automatically grant clemency to residents who were convicted for possessing up to xxx grams of cannabis. A person can also petition a court to get charges rescinded if they were convicted with between 30 and 500 grams of cannabis.
- New Hampshire enacted House Nib 399 in 2019, which provides an opportunity for those bedevilled of offenses involving the possession of three-quarters of 1 ounce of cannabis or less to petition the court to accept their convictions annulled. If the prosecuting attorney does non object to the request within ten days, the petition will be granted.
- Nevada passed a wide decriminalization measure that included marijuana offenses. Assembly Bill 192 allows those who have been convicted of misdemeanor cannabis possession charges to apply for expungement.
- In 2019, the Washington legislature passed Senate Neb 5605 that vacates misdemeanor marijuana convictions.
Meaning legislation in 2018 related to expungement:
- California (AB 1793) addresses expungement of records. Proffer 64, the ballot measure that legalized recreational marijuana employ for people 21 and older likewise contained linguistic communication for the "resentencing and destruction of records for prior marijuana convictions". A process for the expungement of records was not specified in the ballot measure out and AB 1793 established such a procedure. The Department of Justice must now search its state criminal history data for eligible cases from 1975 to 2016 and notify prosecutors of all eligible cases in their jurisdiction. Prosecutors across the state take i year to challenge any instance they practise not concord is eligible for resentencing, case dismissal or expungement.
- Massachusetts (M.G.L c276 § 100A and M. G.L. c. 94G, § xiii) allows the sealing of records for offenses that are no longer crimes, therefore, a by criminal instance for possession of marijuana nether 2 ounces can be sealed without a waiting period.
- Delaware enacted 2017 Senate Pecker 197, which provides for automated expungement of both conviction and arrest records for those charged or convicted of certain marijuana offenses prior to Dec 18, 2015.
Significant legislation in 2017 related to expungement:
- Colorado (HB 1266) now allows defendants bedevilled of misdemeanor crime for use or possession of marijuana to petition to seal criminal records if offense would not have been a crime if committed on or after Dec. 10, 2012.
- Maryland (SB 949) reduced the waiting period for expungement of a marijuana possession offense from 10 years to four years.
- The Nevada Associates and Senate both passed a measure (AB 259) that would have permitted those with criminal convictions for offenses involving the possession of one ounce or less of marijuana prior to Jan. 1, 2017 to have their convictions vacated. The measure was vetoed by the governor.
Meaning legislation in 2016 related to expungement:
- Missouri (SB 588) expanded eligibility for, reduces waiting periods, and creates presumption in favor of expungement if certain criteria are met, for all misdemeanors and many felonies, including but non limited to marijuana crimes.
- New Hampshire (SB 391) amended to 2 years the waiting catamenia for petitioning for annulment of a misdemeanor marijuana or hashish offense.
- An Oregon enactment (SB1598) instructed courts with respect to expungement orders for marijuana convictions for offenses that no longer are a criminal offense.
Meaning legislation in 2015 related to expungement:
- Following the successful legalization ballot measure there, an act in Oregon (SB 364) at present requires courts to consider set-bated of records of certain misdemeanor marijuana offenses when probation has been successfully completed; and another Oregon human activity (SB 844) made eligible for expunction an adjudication for marijuana possession crimes.
- Laws in Maryland (SB 651) and Vermont (SB 115) allow expungement of an law-breaking for which the underlying behave is no longer a criminal crime. Similarly, a Rhode Island human action (SB 518) provided that records of marijuana violations are not open to the public.
Additional Resources
- NCSL Cannabis Record Clearing
- NCSL Marijuana Deep Dive
- NCSL Cannabis & Employment Laws
- Alaska Marijuana Control Board
- Oregon Liquor Control Commission, Recreational Marijuana
- NCSL Blog, October ii, 2015 "Legislatures on Legal MJ: No Thank you"
- Archived recording NCSL 2015 Summit plan "Marijuana and Federalism"
- Session resource NCSL 2015 Top program "Legalizing Marijuana: Potholes and Possibilities"
- The Light-green and Winding Road, March 2015 State Legislatures magazine
- What's Hot for 2015?, January 2015 State Legislatures mag
- NCSL state medical marijuana laws
- NCSL country traffic safe and drugged driving
- NCSL land industrial hemp statutes
- Legally Greenish, November 2013 State Legislatures magazine
- Ballot measures, December 2014 Land Legislatures magazine
- Colorado 2013 approved Legislative Referendum for retail sales and excise taxes under 64
- Colorado Task Force work to regulate, control and tax marijuana under approved Amendment 64
- Washington State Liquor and Cannabis Board
Lexis Nexis Terms and Conditions
Source: https://www.ncsl.org/research/civil-and-criminal-justice/marijuana-overview.aspx
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