Maryland and Missouri Legalize Marijuana

As of October 2022, cannabis usage for medicinal purposes was permitted in varying degrees in 37 states. And recreational use was legal in 19 states and Washington DC. On election day, voters in five states had the chance to determine whether or not they would be added to the legal recreational marijuana usage list.

When the 2022 election results came in on Wednesday morning, adult-use cannabis was approved in Missouri and Maryland, making the total number of legal states 21. Failing to pass was legalization in Arkansas, North, and South Dakota. In addition, due to late certification, Oklahoma’s referendum on legalizing recreational marijuana was delayed to a special election in March 2023. Adult recreational use of marijuana is now legal in the following states.

Alaska
Arizona
California
Colorado
Connecticut
Illinois
Maine
Maryland
Massachusetts
Michigan
Missouri
Montana
New Jersey
New Mexico
New York
Nevada
Oregon
Rhode Island
Vermont
Virginia
Washington

The Difference Between Legalization, Decriminalization, and Sales

In general, “legalizing” marijuana refers to the passage of legislation that makes it legal to buy, sell, and possess small amounts of the drug, generally with limits on who may use it and how much. However, the specifics can be complicated. While a state may legalize weed, some counties or cities within that state may not. Some states allow recreational use, while others only allow medical use. In some states, you are allowed to own and consume cannabis, but there are no shops where you can purchase it. This is because some states have legalized marijuana usage for recreational purposes but have banned sales.

To complicate marijuana legalization even more, there’s a difference between legalization and decriminalization. Legalization eliminates restrictions on the personal use and possession of marijuana. But, more significantly, it enables governmental control over marijuana usage and sales through taxation and regulation. Decriminalization is the lowering of criminal sanctions for using marijuana for personal use even when its production and sale are still prohibited.

So let’s look at what happened in the five states that were up for vote:
SOUTH DAKOTA – Fail

The legalization of recreational marijuana in South Dakota was passed by voters back in 2020, but the state Supreme Court nullified that measure in response to a court challenge brought by the Republican governor, Kristi Noem.

Measure 27, which would have allowed adults over 21 to possess and consume marijuana, was defeated by over 53% of South Dakota voters on election day 2022.
NORTH DAKOTA – Fail

During the 2018 Midterm Elections, North Dakota voted in opposition to legalizing marijuana. Again in the 2022 election, 55% of North Dakota voters rejected Measure 2, which would have legalized marijuana.

Similar to Arkansas’ amendment, the effort would have made it acceptable for individuals aged 21 and older to possess up to an ounce of marijuana. It also would have allowed North Dakotans to grow up to three plants in their homes.
ARKANSAS – Fail

Arkansas was the first state in the Bible Belt to legalize medicinal marijuana in 2016. Then, 2019 saw the opening of the state’s dispensaries, and more than 91,000 people now have cards allowing them to legally purchase marijuana for medical purposes.

Nevertheless, Issue 4’s legalization of cannabis was rejected by more than 56% of Arkansas voters on election day in 2022. Legalization would have allowed adults over the age of 21 to possess and consume up to an ounce of marijuana. And eight currently operating medical marijuana dispensaries would have received grants to help them apply for a second license to sell marijuana for non-medical purposes.
MISSOURI – Pass

In 2018, Missouri voters approved a measure to make the use of marijuana for medicinal purposes legal. By a margin of 53.1% to 46.9%, Missouri voters last Tuesday adopted Amendment 3, a ballot initiative that legalizes recreational marijuana for those age 21 and older and seals the majority of records of prior arrests and convictions.

Missouri will establish a lottery system to issue licenses and certificates, similar to Illinois.
MARYLAND – Pass

Maryland has allowed the use of marijuana for medicinal reasons since 2013. But Question 4 was approved by the Maryland electorate on Tuesday, legalizing the use of marijuana for recreational purposes beginning on July 1st, 2023.

The legislation also creates a companion statute. It enables those previously found guilty of marijuana possession to ask for resentencing or erasure of their records.

What Does the Future Look Like for Marijuana Legalization on a Federal Level?

Marijuana Legalization at the Federal level is coming along slowly. But we’re not there yet. President Biden signed an executive order in October that revoked all federal convictions for simple marijuana possession. However, despite the president’s directive, cannabis is still categorized by the Narcotic Enforcement Agency as a Schedule I drug under the Controlled Substances Act of 1970.

The Cannabis Administration and Opportunity Act (introduced 07/21/2022) would lift the federal prohibition on cannabis and provide state-authorized cannabis firms access to financial services like bank accounts and credit card transactions. It is still awaiting senate approval.