MJBizMag January 2022 - 58

OPEN FOR
BUSINESS
LAWMAKERS CONSIDER
LEGALIZATION
State governments feel pressure to conform
with will of voters nationwide
By Jeff Smith
M
arijuana legalization through
state legislatures has become
more prevalent in recent
years, in part because some markets
don't have a voter-referendum process.
In 2021 alone, lawmakers in
Connecticut, New Mexico, New York
and Virginia legalized recreational
marijuana markets that eventually are
expected to generate more than
$5 billion combined in annual revenue.
Alabama lawmakers, meanwhile,
passed a medical marijuana law.
This year potentially could be as
active, with lawmakers in Delaware
(recreational), Kansas (medical),
Maryland (recreational), Mississippi
(medical), North Carolina (medical),
Rhode Island (recreational) and South
Carolina (medical) all making moves
that warrant a close watch.
In Maryland, the Legislature might
wind up referring legalization to voters
at the 2022 ballot box.
As for Mississippi, voters approved
medical marijuana at the ballot
box in November 2020, only to see
the referendum voided by the state
Supreme Court on a technicality. State
lawmakers then hammered out a less
business-friendly medical marijuana
measure, but Gov. Tate Reeves declined
to call a special session to consider
the initiative formally. So, medical
marijuana is likely to come before the
Mississippi Legislature-again.
The state summaries that follow
include the most recent legalization
bills that were considered.
58 January 2022 | MJBizMagazine
Legalization bills introduced in 2022
legislative sessions in most cases are
expected to be similar to the ones
introduced in 2021. In some
states-such as North Carolina and
South Carolina-bills were introduced
for the 2021-22 session.
DELAWARE
Proposal: Recreational
Bill(s): House Bill 150 (2021 bill)
Key backers: State Rep. Ed Osienski
Last year's House bill called for up
to 30 retail store licenses, including
15 for social equity applicants; 30
processor licenses, including 10
for social equity applicants; and 60
cultivator licenses, including 30 for
social equity applicants. Existing
medical cannabis operators also could
apply to participate in the adult-use
market. Adult-use legislation has a
50-50 chance of passing in 2022, with
state leaders feeling more pressure
to legalize as neighboring New
Jersey moves closer to launching its
recreational marijuana market.
KANSAS
Proposal: Medical
Bill(s): Kansas Medical Marijuana
Regulation Act, SB 158 (passed by
House in 2021 but not the Senate)
Key backers: No individual sponsors
identified
Smoking and vaping products
would be prohibited. The measure
would set aside 15% of licenses for
minority applicants. A medical
cannabis measure is considered likely
to have a strong chance of passing in
2022.
MARYLAND
Proposal: Recreational
Bill(s): Cannabis Legalization and
Regulation, Inclusion, Restoration and
Rehabilitation Act of 2021 (HB 32). Also,
a legalization bill titled SB 708.
Key backers: Numerous backers
The two 2021 bills had similarities,
but the House measure offered
more opportunities for small and
minority-owned businesses. State
House Speaker Adrienne Jones said
in July that she intends to pass a bill
that refers legislation to voters, so
it's possible an adult-use legalization
referendum will end up on the 2022
ballot in Maryland.
MISSISSIPPI
Proposal: Medical
Bill(s): Not yet introduced.
Key backers: State Sen. Kevin
Blackwell and Rep. Lee Yancey
Republicans Blackwell and Yancey
were lead negotiators on a measure
that lawmakers wanted to consider
during a special session in 2021, but
as of press time, Gov. Reeves seemed
unlikely to call the session. So, the
legislation will likely be considered
this year.
MJBizMag January 2022

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