U.S. Marijuana Reform: A Breakdown of State Efforts to Legalize and Decriminalize Marijuana

By Marijuana Policy Project

Because less than half of U.S. states allow citizen-initiated ballot measures, in most states, the only way to reform cannabis laws is via the state’s legislature.

Polls show over two-thirds of Americans support making cannabis use legal and around 90% support allowing medical cannabis, but lawmakers lag behind the public.

Only 24 states have legalized cannabis for adults. Eleven states are even further behind the times — lacking even a medical cannabis law. And 19 states continue to jail their residents for even simple possession of cannabis.

State legislatures are just beginning to convene for the 2025 legislative sessions, but several bills have already been proposed to reform cannabis laws. Below is a list of states where bills have been filed to legalize cannabis for adults, to decriminalize cannabis (i.e., issuing a fine-only ticket for simple possession), or to legalize medical cannabis. You can find additional cannabis policy bills — including to expand existing decriminalization, medical cannabis, and legalization laws — at the bottom of each of our state webpages, courtesy of BillTrack50.

Cannabis Legalization Legislation  

States with proposed bills to legalize cannabis for adults: 4 so far, with many more expected

  • Indiana — HB 1630 would legalize and regulate cannabis for adults. HB1145 would remove penalties for possession of up to two ounces of marijuana. HB 1332 would establish a comprehensive framework for regulating the production and sale of cannabis.
  • Kentucky — SB36/HB105 is a proposed constitutional amendment that would codify the right to possess up to an ounce of cannabis and grow up to five plants. It would also authorize the General Assembly to create regulations for an adult-use market.  SB33 would remove criminal penalties for possessing up to 8 ounces of cannabis flower and growing up to five plants. The legislation would also set an expungement process for violations covered by this legislation. HB 106 would remove criminal penalties for up to one ounce of cannabis, five grams of concentrate, 1,000mg of consumable cannabis products and up to five plants.
  • New Hampshire — HB 186 would legalize and regulate cannabis for adults. HB 198  would legalize simple possession of cannabis and penalize public smoking. HB 75 is intended to legalize cannabis for adults 21 and older.
  • Texas — HB1208  and SB335 would create the regulatory framework for legal  possession and distribution of cannabis. HB1763 would remove penalties for possession of cannabis and paraphernalia, among other changes to relax cannabis laws.

Twenty-four states, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have already passed laws to legalize cannabis for adults. One of the 24 states — Virginia — only has legal possession and home cultivation, with no legal sales. Virginia lawmakers  submitted legislation, SB970 and HB2485, this session to create the framework to permit  adult-use sales.

 

Bills to Remove Possible Jail Time — Often Imposing a Fine — for Simple Possession (“Decriminalization”)  

States with decriminalization bills: 2 so far, with many more expected

  • South Carolina — H3110 would create a civil infraction for possession of 28 grams of cannabis flower or 10 grams of hashish.
  • Wyoming — HB 191 would replace criminal penalties and possible fines for simple possession of cannabis. The penalty would be a maximum $100 fine for up to three ounces of cannabis, or equivalent amounts of cannabis products.

Thirty-one states and Washington, D.C. have decriminalized or legalized cannabis possession. Check out MPP’s report on the 19 states that have not even stopped jailing cannabis consumers.

Effective Medical Cannabis Bills  

States with bills to create comprehensive medical cannabis programs: 3 so far, with many more expected

  • Indiana — HB1178 would create a conservative medical cannabis program. SB0113 would create the Indiana Cannabis Commission to oversee, implement, and enforce the program.  SBO400 would permit patients and caregivers to possess a certain amount of medical marijuana, for certain medical conditions. SB0341 would establish a comprehensive medical marijuana program, for patients with serious conditions, contingent on marijuana getting removed as a federal Schedule I substance.
  • South Carolina — S0053 would create a conservative comprehensive medical cannabis program. H3019 would create a much more expansive medical cannabis program than S0053. H3018 would give legal protection from prosecution for veterans suffering from combat-related PTSD for possession of under 28 grams of cannabis flower or 10 grams of hashish.
  • Texas —HB1504SB170SB734 and SB259 would create a comprehensive medical cannabis program. HJR 70 would create a constitutional amendment for voters to decide on creating a comprehensive medical cannabis program. Also, HB1146 and HB1574 would expand qualifying conditions for the low-THC Compassionate Use Program and standardize 10 milligrams of THC as a dosage unit.

Thirty-nine states, D.C., Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have effective medical cannabis laws.

Other Bills  

If you live in a state that still prohibits cannabis and no lawmakers have taken the lead to change that, send your state legislators a note to ask them to stand up for humane and sensible cannabis policies. Take a few moments to email them in support of medical cannabis, decriminalization, or legalizing and regulating cannabis.

MPP has webpages for each individual state, which you can access here. They include a snapshot of cannabis policies in the state, along with additional bills, courtesy of Bill Track 50,  to change cannabis laws. These include proposals to improve (or undermine) existing legalization, medical cannabis, and decriminalization laws.

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