Our expert panel of Tom Angell, Karen O'Keefe and Justin Strekal are back to share their knowledge and prognostications with another fascinating conversation about what happened this year in cannabis policy and where things might go in the future. We will review changes in marijuana laws at the state and federal level in 2022, including via executive action, legislation, state ballot measures, regulations and court cases. We will also consider what the new year will bring. Hosted by Karen Suhaka of BillTrack50.
2. Hello!
Thank you for coming
This webinar is available on demand here:
https://youtu.be/P9fcQniUbMs
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3. Panelists and Host
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Tom Angell
Editor
Tom Angell is publisher of Marijuana
Moment, a news outlet that tracks cannabis
policy and politics, and previously worked
for various pro-legalization nonprofits.
Karen O’Keefe
Director of State Policy
Karen has played an instrumental role in
replacing cannabis prohibition with sensible
regulation in U.S. states. Her team has
been crucial to transforming laws and the
narrative about cannabis.
Justin Strekal
Founder
Justin Strekal is an experienced organizer
and advocate and founder of Better
Organizing to Win Legalization and BOWL
PAC.
Karen Suhaka
Founder
Karen founded BillTrack50 to help
people follow what their state
government is up to, for marijuana
and everything else, too
4. Our Conversation today will cover
What
changed
this year
Current
political
picture
Looking
ahead to
2023
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5. ‘’
The amount of money and of legal
energy being given to prosecute
hundreds of thousands of Americans
who are caught with a few ounces of
marijuana in their jeans simply makes no
sense —the kindest way to put it. A
sterner way to put it is that it is an
outrage, an imposition on basic civil
liberties and on the reasonable
expenditure of social energy.
— William F. Buckley Jr
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9. Tax Revenues from Sales of Recreational Marijuana in the United States
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https://www.mpp.org/issues/legalization/cannabis-tax-revenue-states-regulate-cannabis-adult-use/
11. Executive Actions
Pardons
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Rescheduling Review
Biden’s Evolution
● Just simple possession
offenses
● No one will get freed
● Called on governors to make
similar moves (OR; NC &
others considering)
● People still pushing to
release people in federal
prison for selling
● People with immigration
status issues excluded
● “Expeditiously”
● HHS/FDA/DOJ/DEA process
● If moved to schedule II, III, IV
or V vs. descheduled, what
will FDA do?
● Implications for state-legal
businesses
● Will this cause pause in
legislative activity?
● Senate record as
Judiciary chair
● Democratic response to
Bush’s 1989 drug war
speech
● Cannabis campaign
promises
● Current stance
12. US HR3617 MORE Act Marijuana Opportunity
Reinvestment and Expungement Act
Bill Summary
AN ACT To decriminalize and deschedule cannabis, to provide for reinvestment in
certain persons adversely impacted by the War on Drugs, to provide for
expungement of certain cannabis offenses, and for other purposes.
Cosponsors (115)
Last Action
Received in the Senate and Read twice and referred to the Committee on Finance.
(on 04/04/2022) (passed for second time)
Official Document
https://www.congress.gov/bill/117th-congress/house-bill/3617/all-info
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13. HR5977 States Reform Act
Bill Summary
A BILL To amend the Controlled Substances Act regarding marihuana, and for other purposes.
Subject
Crime and law enforcement
Sponsors (5)
Nancy Mace (R)*, Brian Mast (R), Tom McClintock (R), Peter Meijer (R), Don Young (R)
Last Action
Referred to the Subcommittee on Health. (on 01/06/2022)
Official Document
https://www.congress.gov/bill/117th-congress/house-bill/5977/all-info
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14. US S4591 Cannabis Administration and Opportunity Act
Bill Summary
A BILL To decriminalize and deschedule cannabis, to provide for reinvestment in
certain persons adversely impacted by the War on Drugs, to provide for
expungement of certain cannabis offenses, and for other purposes.
Cosponsors (5)
Cory Booker (D)*, Patty Murray (D), Gary Peters (D), Charles Schumer (D), Ron
Wyden (D)
Last Action
Read twice and referred to the Committee on Finance. (on 07/21/2022)
Official Document
https://www.congress.gov/bill/117th-congress/senate-bill/4591/all-info 14
15. HR1996 / S910 SAFE Banking Act of 2021
Bill Summary
AN ACT To create protections for financial institutions that provide financial services to cannabis-
related legitimate businesses and service providers for such businesses, and for other purposes.
Cosponsors (181) House / (43) Senate
Last Action
House: Received in the Senate and Read twice and referred to the Committee on Banking,
Housing, and Urban Affairs. (on 04/20/2021)
Senate: Committee on Banking, Housing, and Urban Affairs. Hearings held. (on 09/08/2022)
Official Document
https://www.congress.gov/bill/117th-congress/house-bill/1996/all-info
https://www.congress.gov/bill/117th-congress/senate-bill/910/all-info
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16. HR8454 Medical Marijuana and Cannabidiol Research Expansion Act
Bill Summary
AN ACT To expand research on cannabidiol and marijuana, and for other purposes.
Sponsors (11)
Earl Blumenauer (D)*, Steve Cohen (D), Deborah Dingell (D), Morgan Griffith (R), Andy Harris (R), David Joyce (R),
Barbara Lee (D), Nancy Mace (R), Eleanor Norton (D), Christopher Pappas (D), Ed Perlmutter (D),
Last Action
Presented to President. (on 11/29/2022)
Official Document
https://www.congress.gov/bill/117th-congress/house-bill/8454/all-info
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17. Marijuana Midterm
● MD and MO just voted to legalize marijuana.
● AR, ND and SD defeated legalization measures.
● CO voted to legalize psychedelics (possession & growing) and
license psilocybin “healing centers.”
● OH and TX cities passed local decrim measures.
● WI counties and cities passed nonbinding marijuana
referendums (also done in past cycles and other states like MA).
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… Also court challenges were resolved in MO, AR, OK
18. 2022 State Legislation
● MD contingent legislation, partial implementation (and legislative referral)
● RI legalized via legislature
● Lots of bills passed at least one chamber last session but weren't enacted
○ Medical: KY, KS, NC, SC
○ Recreational: DE, NH, MN, HI
● States where serious attempts were made to get reform on the ballot: NE (two
measures), OH (full recreational, missed timing so have to try again next year can use
the signatures they already have)
● Psychedelics: CA senate passed, stalled in Assembly
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19. Other State Bills of Interest
HF4065 Health Omnibus
Legalizes THC edibles
(read more here:
https://www.marijuanamom
ent.net/minnesota-law-
legalizing-thc-cannabis-
edibles-takes-effect-
prompting-pushback-from-
key-gop-senator-who-
voted-for-it/)
SB2095 Mississippi
Medical Cannabis Act
Legalizes medical
marijuana after voter-
approved ballot measure
was overturned.
B24-0887 Medical
Marijuana Self-Certification
Temporary Amendment Act
of 2022
Allows people to self-certify
as medical marijuana
patients without any doctor
recommendation
(workaround to Congress's
block on recreational sales)
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DC
AB2188 Discrimination in
Employment: Use of
Cannabis
Makes it unlawful for an
employer based upon the
person’s use of cannabis
off the job and away from
the workplace
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CA passed SB1326 which lets the Governor
negotiate for interstate marijuana commerce
based on various triggers, NJ Senate president
filed similar bill, OR enacted something similar
in 2021.
Being able to grow where marijuana grows best
could have positive environmental impact, plus
increase choice and decrease prices.
21. Dormant Commerce Clause
A federal court ruling overturning Maine's
residency requirements for medical marijuana
business owners could have broad implications for
licensing restrictions, equity programs and
interstate commerce.
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https://my.vanderbilt.edu/marijuanalaw/2022/08/federal-appeals-court-agrees-using-residency-to-
award-commercial-marijuana-licenses-violates-the-dormant-commerce-clause/
24. Potential State Activity in 2023
● State Ballots expected next year:
● OK on ballot in March
● OH could consider in November
● Potential Legalization Targets: HI, MN, NH; PA worth watching
● Potential Medical Marijuana Targets: KS, KY, NC, SC
● Other legislative trends to watch
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27. Credits
Special thanks to all the people who made and
released these awesome resources for free:
▣ Presentation template by SlidesCarnival
▣ Photographs by Unsplash and Pexels
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Editor's Notes
Karen big picture
Karen mention trends
Karen quick discussion of revenue
Justin
Justin, and then say there are some others listed you can review if you are interested
Justin briefly
Justin briefly
Justin briefly and optimistically
Justin briefly and optimistically
Tom - what the people decided to do
Karen, Tom will take court challenges at the end
Karen, briefly
Tom from state point of view, Justin some federal points
Karen will take a shot at explanation
Justin based on recent events
Tom for ballot initiatives, mentioning court cases resolutions, Karen will take legialization