As highlighted in November, Mississippi and South Dakota voters approved medical marijuana via ballot measure in the 2020 Election. Currently, numerous states regulate cannabis for medical purposes, with more likely to follow suit. While some states have implemented medical marijuana legalization through ballot measures, others rely on legislative processes. In states where medical marijuana is already legal, some lawmakers are pursuing various changes regarding its regulations, including provisions related to DUI laws and the right to carry firearms while using medical marijuana.
Mississippi
Mississippi voters approved Initiative 65 during the 2020 Election. This initiative allows qualified patients with debilitating medical conditions, as certified by licensed Mississippi physicians, to use medical marijuana. Medical marijuana will only be dispensed through licensed treatment centers, regulated by the Mississippi State Department of Health (MSDH). MSDH is required to adopt final rules and regulations by July 1, 2021, with plans to begin issuing ID cards and treatment center licenses by August 15, 2021.
In early February, the State Board of Health met virtually to outline the regulations for Mississippi’s medical marijuana program. Dr. Thomas Dobbs, the State Health Officer, expressed confidence that the Board would meet the July 1 deadline for regulations. However, actual access to medical marijuana by the August deadline is unlikely, given the time needed for proper development of the program.
Dr. Dobbs intends to consult with representatives from other states that have already implemented medical marijuana programs. MSDH is also collaborating with relevant agencies to ensure proper licensing processes are established.
Initiative 65 defines debilitating medical conditions that qualify for medical marijuana use, including cancer, epilepsy, Parkinson’s disease, PTSD, multiple sclerosis, and more, pending physician approval.
Kansas
In February, Governor Laura Kelly introduced legislation aimed at expanding Medicaid (Kancare) and establishing a framework for medical marijuana legalization. This proposal resembles last year’s Medicaid Expansion bill, but eliminates certain components in favor of establishing a medical marijuana program.
The plan aims to legalize and tax medical marijuana, potentially funding healthcare for 165,000 Kansans. Senate Bill 92 was introduced to create a Kansas Medical Cannabis Advisory Board to guide the Department of Health and Environment on issues ranging from license applications to regulatory compliance for medical cannabis.
SB 92 also specifies that patient ID cards and renewal fees will not exceed $25, with additional protections for minors seeking access upon receiving appropriate medical recommendations. Unlike Mississippi, Kansas cannot utilize ballot referendums for medical marijuana legalization, making legislative action essential.
Idaho
Idaho’s legislature is currently reviewing competing measures regarding medical marijuana legalization. A proposed bill would impose strict regulations, catering only to individuals over 21 with specific medical conditions. The dispensing of medical cannabis would be limited to up to 28 pharmacies.
In contrast, another resolution passed by the Senate seeks to amend the state constitution to prohibit various psychoactive substances, including marijuana, requiring further legislative approval.
Pennsylvania
Following its legalization of medical marijuana in 2016, Pennsylvania lawmakers are pursuing several regulatory adjustments. Senate Bill 167 aims to eliminate DUI penalties for patients using medical cannabis, requiring proof of actual impairment rather than a zero-tolerance standard.
Additionally, legislation is being considered to allow medical marijuana businesses to deduct expenses from their income for state tax purposes, addressing a significant financial burden caused by federal tax regulations. Another proposed bill would permit school nurses to act as secondary caregivers for minors, waiving the caregiver fee.
Virginia
Virginia has garnered attention as lawmakers work toward legalizing recreational marijuana, with retail sales anticipated in 2024. However, medical marijuana was legalized several years prior. Legislative efforts have made it easier for patients to access various cannabis oil products, leading to increased dispensary availability.
Minnesota
Even though Minnesota has legalized medical marijuana, the state still categorizes it as a Schedule I drug. New legislation aims to reclassify it as a Schedule II drug, addressing issues faced by registered patients regarding firearm permits. This change would permit eligible individuals to renew their carry permits while partaking in medical marijuana.
