16 American states that could legalize cannabis by 2022

In 2021, Nine U.S. states have legalized cannabis, whether for medical or recreational use. What does 2022 have in store for us?

Reform of U.S. cannabis laws is gaining momentum. At the federal level, a trio of senators unveiled this summer the Cannabis Administration and Opportunity Act (CAOA) aimed at decriminalizing, taxing, and regulating cannabis, and the Secure and Fair Enforcement (SAFE) Banking Act was adopted for the fifth time by the U.S. House of Representatives in September as part of a defense spending package.

At the state level, Arizona, Montana, New Jersey, and South Dakota legalized adult use during the 2020 election (although the South Dakota legislature is currently grappling with its own legalization proposal while the state Supreme Court deliberates on whether the ballot measure is unconstitutional). In 2021, Connecticut, New Mexico, New York, and Virginia all legalized cannabis for adult use through legislation.

All that's left is 14 U.S. states without full cannabis legalization medical or adult use. With all the traditionally Democratic states out of the way, Republican states are now weighing their options, perhaps recognizing the inevitability of change.

Arkansas – Recreational

Arkansas True Grass, a group advocating for the legalization of cannabis in Arkansas, is working to collect signatures to place a measure to legalize cannabis for adult use on the state ballot in 2022.

The constitutional amendment proposed by the group would task the state Department of Agriculture with overseeing the recreational market, allow residents to purchase up to four ounces (112 grams) of cannabis for personal use, grow up to 12 cannabis plants at home, and expunge prior cannabis-related convictions.

The group has until July 22 to collect enough signatures for its initiative to qualify for the 2022 election.

North Carolina – Medical

Although the North Carolina Senate Judiciary Committee has passed S.B. 711 twice In 2021, the bill to legalize medical cannabis did not make much progress.

«There are a lot more moving parts to this issue than I realized when we started,» said Senator Paul Lowe (D-Forsyth), one of the bill’s sponsors, in September. «We want to make sure we get this right.» Due to some unresolved concerns regarding the bill’s specific regulatory language, lawmakers assumed it might remain on the table until the next legislative session early next year.

North Carolina has had a rocky road so far, with numerous false starts and a electorate that is strongly in favor of medical cannabis. 80% of voters supported it as early as 2017.

South Dakota – Recreational

It has been six months since the South Dakota Supreme Court heard arguments regarding the constitutionality of an amendment on adult-use cannabis approved by voters in the November 2020 election. As of October 27, the state’s high court has yet to issue a final ruling on the fate of Amendment A, which was adopted by a majority of 54.2%.

Without a ruling from the Supreme Court, Amendment A is currently considered unconstitutional. While the voter-approved initiative remains on hold, South Dakota lawmakers are pushing a compromise bill to legalize adult use through the state legislature.

The Adult-Use Marijuana Study Subcommittee, a bipartisan group of lawmakers, has proposed a bill that would allow adults aged 21 and older to purchase up to 1 ounce (28 grams) of cannabis, decriminalize possession of up to 4 ounces, and prohibit public consumption. However, it aims to ban commercial outdoor cultivation as well as home cultivation.

On the civil society side, the cannabis advocacy group South Dakotans for Better Marijuana Laws is currently collecting signatures for an initiative aimed at putting the legalization of adult use back on the ballot for 2022. Unlike Amendment A, the proposed initiative for 2022 does not include licensing, sales, or regulation.

If the Supreme Court upholds Amendment A, the group will abandon its campaign for the 2022 initiative.

Delaware – Recreational

On March 24, 2021, the Committee on Health and Human Development approved the Bill 150 in the House of Representatives, the Delaware Cannabis Control Act, a bill aimed at legalizing, taxing, and regulating adult-use cannabis in the state.

The legislation would establish the regulatory framework for adult-use cannabis in Delaware, allow adults 21 and older to purchase up to one ounce (28 grams) of cannabis for personal use, would provide opportunities for small businesses to obtain licenses, and would ensure equal access for individuals living in areas disproportionately affected by prohibition.

The legislation was scheduled to be voted on in the House in early June but was delayed following a debate over a social equity fund included in the bill. The bill’s primary sponsor, Representative Ed Osienski, said he plans to reintroduce a substitute bill in early January, in time for the 2022 legislative session.

Florida – Recreational

Sensitive Florida has introduced a constitutional amendment that would legalize cannabis for adult use in the Sunshine State after the Florida Supreme Court has invalidated an earlier version of the amendment.

The group’s original initiative, titled «Regulate marijuana similarly to alcohol to establish age, licensing, and other restrictions,» was headed for the 2022 ballot before the Florida Supreme Court ruled that the words «for limited use» were misleading.

The new proposal would legalize cannabis use for adults aged 21 and older and allow adults to grow up to 18 plants at home for personal use.

Sensitive Florida must collect more than 891,000 valid signatures by February 1, 2022, and receive approval from the Supreme Court for the initiative to appear on the 2022 ballot.

Hawaii – Leisure

The State Senate of Hawaii has passed a bill to legalize cannabis, SB 767, by a vote of 20 to 5 in 2021, and the bill will be taken up again by the House of Representatives after being blocked last year.

Idaho – Medical

Cannabis advocates in Idaho are working to get medical and decriminalization measures on the state’s 2022 ballot.

The organization The Idaho Way is currently collecting the nearly 65,000 signatures needed to have the Personal Adult Marijuana Decriminalization Act of 2022 (PAMDA) on the Idaho ballot in 2022. This initiative aims to end arrests for the personal possession of 3 ounces or less of cannabis in private by adults aged 21 and older.

In the meantime, Kind Idaho is collecting signatures to ensure that the’Idaho Medical Marijuana Act of 2022 (IMMA) be put to a vote in 2022. The IMMA would legalize the possession of up to 4 ounces of cannabis (112 grams) for medical purposes, as well as the home cultivation of up to six plants for patients who have obtained a «hardship exemption.» The initiative would also establish a dispensary system to sell medical cannabis to qualified patients.

Maryland – Recreational

The Maryland House of Delegates is expected to introduce a bill to legalize adult-use cannabis in the state in early 2022, which would allow it to be added to the ballot for the November general election. A pA proposal had already been made in 2017 for the 2018 elections but had failed to rally support.

Mississippi – Medical

The Mississippi has crossed the finish line to fully legalize medical cannabis, but the state Supreme Court struck down a ballot initiative approved by voters in 2020 last May.

Contrary to the two-thirds of Mississippians who voted in favor of legalization, six of the nine judges ruled that the measure was unconstitutional due to a procedural flaw related to the collection of signatures.

The 2020 citizens’ initiative prevailed over Alternative 65A, a competing measure proposed by the Mississippi legislature, which industry advocates called a cynical effort by lawmakers to mislead voters. But legalization is now in the hands of those same lawmakers.

Republican Senator Kevin Blackwell, chairman of the Senate Medicaid Committee, announced in late July that he was working on bills aimed at restoring the will of their constituents.

Missouri – Recreational

Voters may face competing measures to legalize adult use next year, Fair Access Missouri and Legal Missouri 2022 working on similar initiatives.

The situation could very well end up mirroring the legalization of medical cannabis in the state in 2018, in which three competing measures were put before voters. In the end, only one of them was approved, thereby avoiding the legal headache of a conflict at the ballot box.

Nebraska – Medical

The Group Nebraskans for Medical Marijuana is once again attempting to introduce legislation to legalize medical cannabis to voters after the Nebraska Supreme Court struck down the group’s 2020 ballot measure on the grounds that it violated the single-issue rule set forth in the state constitution.

Advocates for medical cannabis filed two new initiatives with the Secretary of State in September and must collect 250,000 signatures by July 7, 2022, for the measures to qualify for the 2022 ballot.

The first initiative would ask the Nebraska Legislature to enact laws protecting doctors who recommend cannabis to their patients, as well as patients who possess and use medical cannabis, from criminal penalties. The second measure would ask lawmakers to pass a law establishing a regulatory framework that protects businesses that produce and sell medical cannabis.

Ohio – Recreational

A group of cannabis advocates in Ohio has renewed its efforts to «regulate marijuana like alcohol» following the COVID-19 pandemic blocked the campaign to put a measure on the ballot the legalization of adult use on the Ohio ballot in 2020.

The bill proposed by the Coalition to Regulate Cannabis Like Alcohol would legalize and regulate the cultivation, processing, testing, and sale of cannabis for adult use to individuals aged 21 and older, and would allow adults to grow up to six plants at home for personal use. The proposal calls for a 10% tax on sales of cannabis for adult use, in addition to standard state and local taxes, to support social equity, host communities, education, and substance abuse treatment, as well as a cannabis control division to oversee the industry.

The proposed law would allow Ohio’s current medical cannabis operators to expand their cultivation areas and open additional dispensaries to serve the adult-use market. It would also authorize new adult-use cannabis licenses, with preference given to social equity applicants.

Oklahoma – Recreational

Early October, Oklahomans for Responsible Cannabis Action has introduced measures to legalize cannabis for adult use in the November 2022 elections.

As things stand, Oklahoma is in a unique position with its medical cannabis market: The state legalized medical cannabis in 2018 and adopted a free-market approach to licensing with more than 200,000 patients who have been prescribed for cannabis in the first year.

Pennsylvania – Recreational

A trio of initiatives aimed at legalizing cannabis for adult use in Pennsylvania in 2022 has joined the efforts of neighboring states—New Jersey and New York—which have already legalized cannabis.

In the Pennsylvania House of Representatives, Democratic Representatives Jake Wheatley and Dan Frankel officially introduced their bill on adult use, the Cannabis Regulatory Control Act, which aims to legalize the possession of up to one ounce of cannabis (28 grams) or 5 grams of concentrate for personal use by adults aged 21 and older.

The bill, House Bill 2050, places social and criminal justice at the forefront of the reform and would facilitate access to capital, remove barriers to entry, and create pathways for small businesses to participate in the industry.

House Bill 2050 is competing with two GOP-backed initiatives in the Senate.

Rhode Island – Recreational

On June 22, 2021, the Rhode Island State Senate passed a bill on adult useBill 29-9, which aims to allow individuals 21 and older to possess up to 1 ounce (28 grams) of cannabis or 5 grams of concentrate and to grow up to six plants for personal use. It also expedites the expungement process for individuals with a criminal record for cannabis offenses.

Since then, the state’s lower house has focused on passing a budget and has postponed the legalization of cannabis until a special session that could be held in 2022.

Wyoming – Medical

With pressure coming from states like Montana and South Dakota—newcomers to the adult-use market—advocates in Wyoming are pushing for the legalization of medical cannabis in 2022. The signature-gathering process is currently underway.