USA: 5 new states legalize cannabis (November 2020)

Full steam ahead for cannabis in the USA. Arizona, Mississippi, Montana, New Jersey and South Dakota voted last night to legalize all or part of cannabis. Arizona, New Jersey, Montana and South Dakota join the 11 US states where cannabis was already legal. At the same time, Dakota legalized medical cannabis, as did Mississippi, where only therapeutic use was in contention.

Arizona, New Jersey, Montana

Arizona, New Jersey and Montana have legalized recreational cannabis. Medical cannabis was already legal in the 3 states, since 2010 for Arizona and New Jersey, and since 2004 for Montana.

L‘Arizona legalized recreational cannabis through Proposition 207, also known as the Smart and Safe Act, passed with 60% of the vote. Arizona had failed to pass a similar bill in 2016. The first legal sales are not expected to begin until April 2021. The new law will allow people aged 21 or over to possess up to an ounce of cannabis (28g), and will affect the revenues of retail sale of cannabis funding for various public education and safety programs. Adults will be able to grow up to six plants for non-commercial purposes in a private residence. People convicted of cannabis offences will be able to apply to the courts to have their records expunged.

The New Jersey legalized recreational cannabis via Question 1, becoming the first state in the Mid-Atlantic region to adopt such a measure. The measure garnered 67% of the vote. Consumption and possession will be legal from January 1, 2021, while the definition of precise rules, for example on legal quantities, These are now in the hands of the legislature, then the state's Cannabis Regulatory Committee (CRC), which already exists to manage the state's medical program.

The Montana voters passed Initiative 190, which allows the consumption, production and sale of cannabis by adults. Voters also passed Constitutional Initiative 118, which limits cannabis consumption to people aged 21 or over. The two measures won the favor of approximately 60% of voters. Legalization will come into effect on January 1, 2021, and will allow any adult aged 21 or over to legally possess up to one ounce (28g) of cannabis flowers and up to 8g of cannabis concentrates. Home cannabis cultivation will be permitted up to a limit of 4 flowering and 4 growing plants per individual, with a maximum of 8 plants per household.

South Dakota

The South Dakota has become the first state to legalize both medical and recreational cannabis.

The recreational cannabis measure (Constitutional Amendment A) passed with 52% of the vote, and the medical measure (Initiative 26) passed with 69% of the vote.

It was particularly important that Amendment A passed in addition to the medical initiative, because if only the medical initiative had passed, it would likely have been dismantled by the conservative state legislature. The protections set forth in Amendment A prevent that from happening.

The Cannabis remains illegal until July 1, 2021. On this date, all adults aged 21 or over will be able to possess a total of one ounce (28g) of cannabis and no more than 8g of concentrate. Self-cultivation will be authorized, up to 3 plants per person and a limit of 6 plants per household.

Medical patients will be able to possess up to 3 ounces of cannabis (84g) and an unlimited quantity of plants.

The Mississippi

A majority of Mississippi voters in favor of Initiative 65, which calls for a system of state-regulated access to medical cannabis for licensed patients. Conversely, voters rejected a much more restrictive proposal placed on referendum by lawmakers, Measure 65A.

Initiative 65 requires the Mississippi Department of Health to create rules for the medical cannabis program by July 1, 2021.

The Ministry of Health will then be required to issue medical cards and licenses for treatment centers by August 15, 2021. Medical cannabis will reasonably not be available until, at best, the end of 2021.

Initiative 65 includes a list of 22 medical conditions eligible for medical cannabis treatment: cancer, epilepsy, Parkinson's, Huntington's, post-traumatic stress disorder (PTSD), HIV/AIDS, chronic pain, amyotrophic lateral sclerosis (ALS), glaucoma, Crohn's... and any medical condition for which a physician believes that the benefits of medical cannabis use would reasonably outweigh the potential health risks.

Patients will be able to obtain 2.5 ounces (70g) of medical cannabis every 14 days. Self-cultivation will not be permitted.