Five States that may go Legal in 2023

While 2022 ended with a disappointing fizzle for people hoping for federal cannabis reform with the failure of Congress to pass an otherwise bipartisan banking bill, many states are still moving forward with their own moves to fully legalize the plant. And a few special elections may make 2023 an even bigger year for comprehensive legalization than the much-ballyhooed 2022 midterms, when Missouri and Maryland finally opted for full legalization. While some states are far more likely to pass than others, all of them are well-positioned to push the needle even further, and maybe even convince their recalcitrant federal representatives of what 91% of the public already knows: that cannabis legalization seems inevitable, and denying it grows more untenable with each new voting cycle. If you’re in any of these states, you’ll have a better chance than ever to make it clear.

Oklahoma

Since 2018, Oklahoma has become the dark horse of American cannabis, with more dispensaries and grow ops than both Colorado and California combined thanks to its cheap land, ease of licensing and light regulation. This has led to a distressingly robust black market, not to mention a clarion call to revise the laws. Surprisingly enough, Oklahoma State Question 820, a ballot initiative whose fate Sooner voters will determine on March 7th, is considered by some as the state’s best opportunity to get their hands around a sprawling industry that is already materially supported by 10% of the state’s residents. And while Oklahoma Governor Kevin Stitt has already said he’ll vote against it, the Yes on 820 campaign has already spent $2.5 million dollars to convince the state, whereas the antis have raised virtually nothing. Possession of up to an ounce of flower, an age limit of 21 and homegrow of up to six plants are part of the 820 package.

Pennsylvania

Perhaps no other state prepped the board for full legalization more than Pennsylvania. Not only did they send their resolutely pro-cannabis Lieutenant Governor John Fetterman to the national Senate, but state Democrats also captured the House of Assembly while sending the pro-cannabis Attorney General Josh Shapiro to the Governor’s mansion. This has set the stage for a potential legislative win for cannabis — something the outgoing Governor Tom Wolf continually advocated for in vain during his term. Legislators can pick between two bipartisan bills, the most recent being proposed by Senators Sharif Street (D) and Dan Laughlin (R) in the Republican-controlled Senate. While Delta-8 can still be found in CBD stores throughout the state, a move towards full legalization would still help prevent Pennsylvania’s delta-9 dollars from being spent in neighboring Maryland, New York and New Jersey dispensaries.

Minnesota

Even more certain to move forward on the issue is Minnesota, where state Democrats have fully captured both state houses, and former House Member Ryan Winkler has joined the push for full legalization. The House had already passed his legalization bill in 2021, only for it to be crushed in the Senate, and while headwinds exist, two recent polls found that 58% to 61% of Minnesotans are onboard. While its final form has yet to be determined, the House Speaker did indicate that the Governor may even include legalization in the state’s yearly budget.

Hawaii

While the issue of greater legalization is brought up in the Aloha State every year, it has always failed, due partly to former Governor David Ige’s opposition in the recent years. His successor Josh Green, however, ran his campaign in part on legalization, and while Senate and House leaders Ron Kouchi and Scott Saiki expressed ambivalence to the idea, Kouchi called himself “pragmatic” on the issue, while Saiki placed emphasis on a report by the Dual Use of Cannabis Task Force as a possible game changer. Should the legalization measures pass, Hawaii’s Tax Department predicts the annual haul would be $50 million — orders of magnitude above the $2.5 million currently collected in the state’s medical department.

New Hampshire

New Hampshire holds court as New England’s last legalization holdout, and while the state’s Governor Chris Sununu is a known skeptic on cannabis, he also notes that he’s never had a cannabis bill make it to his desk. This may change this year, as three senate seats traditionally opposed to cannabis have shifted, and Republicans and Democrats in the State Assembly alike have gotten behind a push to legalize in 2023. The bill already has the support of the ACLU and the Koch-backed Americans for Prosperity. Plus it’s possible that a bill that manages to clear the Senate could get a second look by Sununu.

Honorable Mention

US Virgin Islands: After several years of wrangling, the US Virgin Islands has all but vouchsafed legal cannabis, plus an automatic expungements bill, through a decisive 11-1 win in its unicameral Senate. The US territory’s governor, Albert Bryan, Jr., appears set to sign both into law. The program gives generous allowances for possession — Virgin Islanders can possess up to two ounces of flower, 14 grams of concentrates and one ounce of related topicals, edibles and tinctures — along with licensure for the whole panoply of cannabis businesses, from testing laps to dispensaries and cultivation.