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Arizona senators have approved a pair of measures that would make the act of creating “excessive” amounts of marijuana smoke or odor a criminal nuisance punishable by jail time, even if the person is using cannabis in compliance with state law in their own homes. Despite concerns about undermining the will of voters who passed legalization at the ballot and ambiguity around enforceability and what constitutes “excessive” marijuana smoke, members of the Senate Judiciary and Elections Committee on Friday passed the bill and a companion resolution to put the issue on the ballot in 5-2 and 4-3 votes, respectively. The legislation from Sen. J.D. Mesnard (R) was amended at the hearing in an attempt to provide a clearer definition of “excessive” smoke and remove a reference to making the offense a “crime.” However, certain members still argued that the measures lack clarity and would continue to pose the threat of criminalization by making the offense a class 3 misdemeanor, punishable by up to 30 days in jail, a maximum $500 fine and up to one year of probation. The revised definition of excessive cannabis smoke or odor describes it that which is “capable of being detected by a person on the private property of another person.” It also adds a presumption the law that the creation of excessive marijuana smoke or odor is “injurious to health, indecent, offensive to the the senses and an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property and is a public nuisance.” Mesnard said he decided to push the issue “based on personal experience” with his own neighbors, “as well as hearing from other people the growing frustration that folks may do whatever they wish on their own private property, but the moment it starts to impact others on their private property, in their homes no less, that it becomes a whole other issue.” “I can tell you that it’s it’s been regrettable to me that I’ve had to have conversations with my four-year-old that I shouldn’t have to have because of what is maybe happening a few houses down in my neighborhood—such strong smell and smoke coming down the way,” he said. “If getting high is important to you, there’s a host of ways you can do it without causing an impact to your surrounding neighbors, so it’s as simple as that.” Several members of the public testified in opposition to the proposals, arguing that it would unfairly inhibit the rights of adults to use cannabis under the state’s legalization law and would be difficult to challenge in court to contest an allegation of creating excessive smoke or odor, for example. The ACLU of Arizona also voiced opposition to the measures, with a representative arguing that it would “undermine voter intent” and that the issue of public smoking and odor has already been addressed by the courts which have determined that “the mere odor of marijuana no longer automatically establishes criminal activity.” “SCR 1048 and the mirror bill’s [SB 1725] reliance on subjective assessments like excessive marijuana odor opens the enforcement to exactly the type of discretionary judgment that bias research shows lead to disparities and outcomes,” they said. “This leads to equal protection violations and arbitrary enforcement.” — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — In the background of this legislation, anti-cannabis activists are working to put an initiative on the state’s November ballot that would significantly roll back its voter-approved marijuana legalization law. A GOP congressional lawmaker said recently he’d like to see his state take that action—but he also acknowledged that President Donald Trump’s recent federal rescheduling order could complicate that prohibitionist push. Under the proposal, possession would remain lawful if voters chose to enact the initiative—and Arizona’s medical marijuana program would remain intact—but the commercial market for recreational cannabis that’s evolved since voters approved an adult-use legalization measure in 2020 would be quashed. A findings section on the latest initiative states that “the proliferation of marijuana establishments and recreational marijuana sales in this state have produced unintended consequences and negative effects relating to the public health, safety, and welfare of Arizonans, including increased marijuana use among children, environmental concerns, increased demands for water resources, public nuisances, market instability, and illicit market activities.” “Arizona’s legal marijuana sales have declined for two consecutive years, resulting in less tax revenue for this state, while some patients have relied on recreational use of marijuana instead of utilizing the benefits of this state’s medical marijuana program,” it says. The initiative would also instruct the legislature to make conforming changes by amending existing statute as it relates to the commercial industry, including tax and advertising rules. In order to make the ballot, the campaign will need to collect 255,949 valid signatures by July 2. If the proposal goes to voters and is approved, it would take effect in January 2028. It remains to be seen if there will be an appetite for repeal among voters, as 60 percent of the electorate approved legalization at the ballot in 2020. What’s more a poll from last year found majority support for medical cannabis legalization (86 percent), adult-use legalization (69 percent) and banking reform (78 percent). Photo courtesy of Max Jackson. The post Arizona Senators Approve Measures To Criminalize ‘Excessive’ Marijuana Smoke Or Odor appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Maryland senators on Thursday took up a bill to protect firefighters and rescue workers from being penalized for off-duty use of medical marijuana. Members of the Senate Finance Committee held a hearing on the proposal from Sen. Carl Jackson (D) about a year after the full chamber advanced an earlier version that ultimately stalled out in the House. Under SB 439, state law would be amended to codify that firefighters and other rescue workers who are registered medical cannabis patients could not be penalized over their participation in the state-legal program or for testing positive for marijuana. Employers could not “discipline, discharge, or otherwise discriminate against the fire and rescue public safety employee with respect to the employee’s compensation, terms, conditions, or privileges of employment” based solely on a positive screening for THC metabolites. They also could not “limit, segregate, or classify its employees in any way that would deprive or tend to deprive the fire and rescue public safety employee of employment opportunities or otherwise adversely affect the fire and rescue public safety employee’s status as an employee,” the bill text says. However, employers could continue to set zero-tolerance policies for on-duty impairment from cannabis. “Our brave fire and rescue personnel risk their lives daily to protect our communities,” Jackson told colleagues on Thursday. “It is imperative that we provide them with the access to the medical care they need, including physician-approved cannabis treatments without fear of employment repercussions.” “Firefighters endure extreme physical and psychological stress due to the nature of their work. Many suffer from chronic pain, post-traumatic stress disorder and other debilitating conditions resulting from the hazards they face in the line of duty,” he said. “Traditional treatment options such as opioids and other prescription medications can have dangerous side effects, including dependency, cognitive impairment and a reduced ability to function effectively.” “Medical cannabis has been recognized as a safer, viable alternative that would allow firefighters to manage their symptoms while maintaining their ability to perform at the highest level.” The Marijuana Policy Project (MPP) said in an action alert on Wednesday that it’s “unfair for our fire and rescue employees to be denied the therapeutic benefits of medical cannabis.” “Testing positive for cannabis metabolites does not mean a person was impaired—metabolites stay in one’s urine for up to a month,” it said. “First responders put their lives on the line for us, and many develop chronic pain or PTSD from their public service. They should not lose their jobs for alleviating their symptoms and choosing a safer alternative to opiates or alcohol consumption.” A representative of the Maryland Association of Counties testified against the bill on Thursday, citing the inability to “to do real time impairment testing” for cannabis. The bill hearing also comes a year after officials in Maryland’s most populous county said they were moving to loosen marijuana policies for would-be police officers in an effort to boost recruitment amid a staffing shortage. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Meanwhile in Maryland, lawmakers recently approved legislation to extend a psychedelics task force through the end of 2027 to develop updated recommendations on expanding therapeutic access to the novel drugs and potentially creating a regulatory framework for broader legalization. Legislators also took up a bill this month to protect the gun rights of medical marijuana patients in the state. Members of the House Judiciary Committee discussed the legislation from Del. Robin Grammer (R), who has sponsored multiple versions of the cannabis and gun rights measure over recent sessions, but they have not yet advanced to enactment. Separately, a Republican congressional lawmaker representing Maryland who has built a reputation as one of the staunchest opponents of marijuana reform on Capitol Hill—and whose record includes ensuring that Washington, D.C. officials are blocked from legalizing recreational cannabis sales—may be at risk of being unseated in November due to redistricting in his state. The post Maryland Senators Weigh Bill To Let Firefighters And Rescue Workers Use Medical Marijuana While Off Duty appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Lawmakers in multiple states are advancing bills meant to provide patients with access to medical marijuana in health care facilities, with lawmakers from Virginia to Hawaii making the case this week for a policy change they say is necessary to ensure patients have a full range of treatment options at their disposal. While the specific provisions of the legislation that’s actively under consideration may differ from state to state, the main thrust of the proposals are the same: Legislators are hoping to adopt versions of what’s known as “Ryan’s law,” named after a young medical cannabis patient in California who passed. The 2026 session has seen iterations of the reform move in a wide variety of state legislatures so far. And this week, Ryan’s law bills have seen action in at least four states: Colorado, Hawaii, Virginia and Washington State. Here’s a rundown of the latest developments with those medical marijuana bills: Colorado The Colorado Senate on Thursday approved a bill to allow terminally ill patients to use medical marijuana in healthcare facilities such as hospitals, passing it in a 25-5 vote. The legislation, sponsored by Sen. Kyle Mullica (D), moved through the Health & Human Services Committee in a unanimous vote last week. Under SB 26-007, health facilities would be permitted to develop guidelines for the use, storage and administration of medical marijuana. While the measure initially would have mandated that such facilities allow cannabis use, it was revised to simply allow them to set such guidelines. The Colorado Department of Public Health and Environment (CDPHE) would be prohibited from requiring compliance with the policy as a condition of obtaining or renewing a license or certification under the bill. Health facilities would be allowed to suspend the policy change if they risked enforcement action by a federal agency. Other amendments adopted in committee would add additional compliance language, clarify that health facilities wouldn’t be required to store or dispense medical cannabis and limit legal liability for health institutions that permit medical marijuana use. Hawaii In Hawaii, the Senate Health and Human Services Committee passed a bill from Joy San Buenaventura (D), with amendments, to give seriously ill patients the option to use medical cannabis in hospitals. Members of the panel advanced the measure, SB 2408, in a voice vote on Wednesday after adopting revisions recommended by the state attorney general’s office, Hawaii Substance Abuse Coalition (HSAC) and Hawai’i Alliance for Cannabis Reform (HACR). The legislation as introduced states that it’s the “intent of the legislature in enacting this chapter to support the ability of terminally ill patients and qualifying patients over sixty-five years of age with chronic diseases to safely use medical cannabis within specified health care facilities.” There are certain exceptions detailed in the bill. For example, medical marijuana couldn’t be used in substance misuse recovery hospitals, state hospitals or emergency departments of general acute hospitals “while the patient is receiving emergency services and care.” Smoking and vaping cannabis would remain prohibited in health facilities under the proposal, “provided that a home health agency shall only prohibit smoking or vaping immediately before or while home health agency staff are present in the residence.” In the event that a federal regulatory agency, Justice Department or Centers for Medicare and Medicaid Services (CMS) takes enforcement action against a health facility related to the medical cannabis policy, or if they explicitly notify the facility that they’re violating federal law, the health care institution could suspend the policy. Per a recommendation by the attorney general’s office, the legislation was revised to make it so hospitals wouldn’t be mandated to accommodate medical cannabis use in their facilities due to “legal uncertainties” the office identified, including “the potential risk to federal funding or other federal enforcement consequences.” Further, the bill was changed to remove language that the office said creates ambiguities around the potential scope of a pending federal marijuana rescheduling action. While such a change “may present reduced legal risk,” the attorney general said in written testimony, “it is not possible to ascertain this with certainty in the abstract.” Members of the committee additionally amended the measure to create a definition of what constitutes a health care facility covered by the bill and qualifying patient, based on recommendations from HSAC and HACR, respectively. This comes weeks after the House Health Committee and Human Services & Homelessness Committee jointly approved a House companion version of the reform, sponsored by Rep. Gregg Takayama (D). Virginia On Thursday, the Virginia lawmakers approved a Senate-passed bill, with amendments, to allow medical cannabis access in hospitals for seriously ill patients. Just days after the full House advanced HB 75 from Del. Karen Keys-Gamarra (D) in a nearly unanimous vote, the House Health and Human Services Committee voted 20-1 to advance the related Senate-passed legislation from Sen. Barbara Favola (D). Members also adopted an amendment stipulating that hospitals can permit patients to access cannabis oil in their facilities and creating a working group “to evaluate the possibility of other use of other types of marijuana products,” according to the sponsor. Overall, SB 332 would build upon existing state law protecting health professionals at hospices and nursing facilities that assist terminally ill patients in utilizing medical cannabis treatment. As originally introduced, the measure would have simply directed the state the Department of Health to form a working group to explore the reform, but its scope was expanded in an earlier subcommittee hearing. The sponsor advised the committee on Thursday that she and the sponsor of the related House bill have agreed on the substitute language to avoid having to convene a bicameral conference committee. Washington State The Washington State Senate Health & Long-Term Care Committee on Friday approved a House-passed “Ryan’s law” bill from Rep. Shelley Kloba (D). If enacted into law, HB 2152 would allow terminally ill patients in the state to use medical cannabis in healthcare facilities such as hospitals, nursing homes and hospices. It cleared the full House last week in a 89-6 vote. Patients and their caregivers would be responsible for acquiring and administering medical marijuana, and it would need to be stored securely at all times in a locked container. Smoking or vaping of cannabis would be prohibited, so patients would need to consume it via other methods. Marijuana could not be shared between patients and visitors, and the right to use medical cannabis under the bill would not apply to patients who are in the emergency department. Healthcare facility officials would need to see a copy of patients’ authorization to use medical cannabis, and they would be required to note their use of the drug in medical records. They would also need to establish a formal policy “allowing for the medical use of cannabis” on the premises. Facilities would also be able to suspend permission to use cannabis under the bill if a federal agency such as the U.S. Department of Justice or Centers for Medicare and Medicaid Services takes an enforcement action against such use or “issues a rule or other notification that expressly prohibits the medical use of cannabis in health care facilities.” — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Meanwhile, earlier this month the Mississippi House of Representatives advanced legislation to allow terminally ill patients to access medical marijuana in health facilities California and a handful of other states already have laws allowing terminally ill patients to use medical cannabis in healthcare facilities. Photo courtesy of Max Pixel. The post Four More States Advance Bills To Allow Medical Marijuana Access In Hospitals appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“The Times fixates on the fact that among some consumers, cannabis use is surpassing the use of alcohol. This is neither surprising nor troublesome.” By Paul Armentano, NORML The New York Times has a pot problem. In a recent commentary, the Times editors opine that states have rushed to legalize the substance “without adequately regulating it.” However, state marijuana markets are already highly regulated and many of options proposed by the Times editors are either redundant or would inadvertently strengthen the illicit marketplace. For instance, the Times laments that adult-use cannabis products are not subject to sufficient taxation. But this is far from the truth. In fact, most states impose taxes on cannabis products that far surpass those imposed upon other goods, including alcohol. In some states, consumers face a tax burden of nearly 40 percent on cannabis products—that is, if they choose to pay it. In many cases, excessive taxes steer consumers toward the unregulated market where they can purchase marijuana at far cheaper prices. Placing even higher taxes on legal cannabis goods will only amplify this trend—thereby undermining the primary goal of legalization, which is to provide adults with safe, affordable, above-ground access to lab-tested products of known purity, potency and quality. The Times editors also allege that so-called ‘Big Weed’ is pushing products designed to be appealing to children by mimicking trademarked brands. This allegation is also wrong. That’s because the products highlighted by the Times are exclusive to the unregulated market. Typically, these products are ‘hemp-derived’ intoxicants that are sold at gas stations and smoke shops in jurisdictions where cannabis remains illegal. (In legal jurisdiction, there exists little consumer demand for these products.) They are not available at state-licensed marijuana dispensaries, nor are they manufactured by state-licensed producers because most state-regulated markets explicitly prohibit the sale of products that either resemble existing brands or that could be perceived as particularly desirable to young people. The Times also warns that the legal industry is promoting uniquely potent products. This allegation is also specious. In fact, high-potency varieties of cannabis, like hashish, have always been available. When consumers encounter higher strength cannabis, they typically consume less of it. This regulatory process is known as self-titration. (Consumers of alcohol engage in similar behavior by drinking lesser quantities of high-potency liquor than lower-potency beer.) Further, most state-legal markets already impose limits on certain products’ potency or on the total amount of THC permissible per single serving. This trend speaks to one of the primary advantages of legalization. It provides governments with the ability to oversee the market, establish regulations and best practices for those who participate in it, and sanction those who don’t play by the rules. Finally, the Times cautions that a growing number of Americans acknowledge consuming cannabis products post-legalization. This is true. However, the Times neglects to highlight that this growth is exclusively among adult consumers. In fact, marijuana use by young people has fallen dramatically during the past decade—overlapping with the adoption of state-level cannabis regulations—and is now at historic lows. Specifically, federally funded survey data reports that marijuana use by teens fell 25 percent among 12th graders, 45 percent among 10th graders, and 38 percent among 8th graders since 2012. Curiously, the Times fixates on the fact that among some consumers, cannabis use is surpassing the use of alcohol. This is neither surprising nor troublesome. As more Americans have become aware of the significant health consequences associated with alcohol, its consumption has fallen dramatically. Moreover, many scientific experts—and even the Times editors—acknowledge that marijuana “is safer than alcohol” and many consumers admit having switched substances for this very reason. That doesn’t seem like such a bad thing. That said, there is one thing that the Times editors get right. Specifically, they wisely acknowledge that America shouldn’t return to the failed policy of “heavy-handed criminal prohibition.” This policy was—and in some jurisdictions still is—an unmitigated disaster that results annually in hundreds of thousands of needless criminal arrests and disrupted lives. In fact, it’s the overt failure of marijuana prohibition that ushered the modern push for cannabis legalization and regulation in the first place. Today, nearly 70 percent of the public support legalizing marijuana. Twenty-four states and the District of Columbia have adopted legalization, and no jurisdiction has ever repealed or rolled back this policy. That’s because most Americans prefer regulation to criminal prohibition. Has legalization’s rollout been perfect? Of course not. Are there trade-offs that must be considered? Certainly. Should governments continue to tweak the regulatory landscape as we learn more about marijuana markets and consumers’ behaviors? Yes, indeed. Cannabis re-legalization is a work in progress. But it’s here to stay and by and large, it’s a process we’re getting right. Paul Armentano is the Deputy Director of NORML, the National Organization for the Reform of Marijuana Laws. His letter to the editor responding to the New York Times was published by the paper on February 13. The post What The New York Times Got Wrong—And Right—About Marijuana Legalization (Op-Ed) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The mayor of New York City says the rise of tax revenue from marijuana sales “has not been as rapid as the expansion in store openings” because of competition among suppliers and low cannabis prices. But with the market’s expected expansion, the city is anticipating continual growth over the coming years. In his 2027 preliminary budget that was released on Tuesday, Mayor Zohran Mamdani (D) laid out the state of the cannabis industry, with tax revenue projections reaching $43 million by fiscal year 2030. For the current fiscal year, the city expects to bring in $24 million in marijuana tax dollars, which marks a 33.3 percent increase compared to the prior year, the budget shows. That’s estimated to grow to $33 million in fiscal year 2027. The projected cannabis earnings significantly outpace those for cigarette taxes, which are pegged to a consistent haul of $12 million per year. “Year-to-date collections have grown approximately 50 percent over last year,” the mayor’s budget says. “On average, eight licensed dispensaries have opened each month in the city since July 2025, bringing the total to 211 stores at the end of December, more than double the 105 at the end of the prior December.” “Collections growth has not been as rapid as the expansion in store openings because of competition among suppliers as well as lower cannabis prices,” it continues. “Sales per store in NYC have been dropping each quarter since the end of calendar year 2025.” But those declines are expected to be offset “as new dispensaries expand accessibility to cannabis and existing locations expand their customer bases.” “NYC currently has approximately 50 dispensary licenses being processed by the Office of Cannabis Management,” the budget document says. “Adult use cannabis tax revenue is forecast to average growth of 9.4 percent from 2028 through 2030 as the market continues to reach maturity.” Without specifically discussing marijuana tax issues, Mamdani said in a press release that there are “two paths to bridge the city’s inherited budget gap.” “The first path is the most sustainable and fairest: raising taxes on the wealthiest and corporations, and ending the drain by fixing the imbalance between what the City provides the State and what we receive in return,” he said. “If we do not go down the first path, the City will be forced to go down a second, more harmful path of property taxes and raiding our reserves—weakening our long-term fiscal footing and placing the onus for resolving this crisis on the backs of working and middle-class New Yorkers.” “We do not want to have to turn to such drastic measures to balance our budget,” he said. “But, faced with no other choice, we will be forced to.” At the state level, meanwhile, the governor of New York recently signed legislation into law that revises zoning requirements for licensed marijuana businesses, granting more flexibility to retailers located within certain distances of schools and places of worship. The bills, passed by the House and Senate and signed by Gov. Kathy Hochul (D) last week, also grandfather in more than 150 existing retailers whose locations were retroactively found to be out of compliance with zoning requirements that created a buffer between cannabis dispensaries and schools and churches. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Meanwhile, last month New York officials released a set of reports providing a 2025 end-of-year status update on the evolution of the state’s medical and adult-use marijuana markets—touting record sales, revenue hauls for state coffers, licensing approvals, equity initiatives and more. All told, retail cannabis sales in New York have exceeded $2.5 billion since the passage of recreational legalization, including $1.6 billion that was generated last year alone as of November. Also, licensed storefronts nearly doubled from 261 in 2024 to 556 in 2025. The OCM annual report also notes that Hochul signed legislation into law that expands the state’s medical cannabis program by improving patient access and “updating the program framework to better meet patient needs statewide.” The legislation the governor signed also grants reciprocity to out-of-state residents, streamlines the patient certification process and allows adults 18 and older to grow their own cannabis plants for therapeutic use. Separately, given confusion within the marketplace about timelines for provisional licenses, regulators said they will be extending the renewal deadline for conditional adult-use until December 31, 2026. “This extension provides licensees additional time to secure viable locations and move toward full licensure,” OCM said. “It will also apply to any provisional licenses issued between September 9, 2025, and December 30, 2025, ensuring clarity and consistency for all provisional license holders.” Last July, meanwhile, New York officials announced the first round of grants under a $5 million program to help retail marijuana businesses owned by justice-involved people cover startup costs. Photo courtesy of Mike Latimer. The post NYC Mayor Mamdani Projects Increased Marijuana Tax Revenue As New Shops Open appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The Justice Department is urging the U.S. Supreme Court to uphold the constitutionality of a federal law preventing marijuana users from legally owning or possessing guns—insisting that, even if cannabis is rescheduled under an executive order issued by President Donald Trump, its use makes people uniquely dangerous and deserving of disarmament. In a reply brief in the pending case, U.S. vs. Hemani, DOJ reiterated its prior arguments defending the federal statute Section 922(g)(3), maintaining that there are sufficient historical analogues consistent with the nation’s founding that justify barring cannabis consumers from having firearms. To that end, Trump-appointed U.S. Solicitor General D. John Sauer said justices should reverse an appeals court ruling that found the ban violates the Second Amendment. “For decades—including when respondent violated Section 922(g)(3)—marijuana has been a Schedule I drug based on determinations that, inter alia, ‘marijuana had a high potential for abuse’ and lacks ‘accepted safety,'” Sauer said. “The federal government is currently taking steps to reschedule marijuana under Schedule III to facilitate medical marijuana and CBD research ‘while preserving the Congress’s intent to restrict the sale of products that pose serious health risks,'” he acknowledged, while adding that the rulemaking process “is not yet complete.” To be sure, it’s been about two months since Trump signed an executive order directing Attorney General Pam Bondi to expeditiously finalize the process of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). The Justice Department told Marijuana Moment last month that it had no updates or comment on the status of the rulemaking. “Respondent also urges that even if habitual users of other drugs could be deemed categorically dangerous, marijuana is too ubiquitous,” DOJ said in its latest brief. “But millions of Americans also regularly abuse opioids and cocaine. Whether marijuana is properly scheduled and how dangerous it is are questions the Controlled Substances Act leaves to the Executive Branch.” In a footnote, the department also stressed that cannabis “remains a Schedule I drug, subject to the Controlled Substance Act’s most stringent restrictions.” “That future rescheduling does not affect respondent’s constitutional defense against his conviction for a past offense,” it said. “Regardless, Schedule III classification reflects that a drug ‘has a potential for abuse,’ albeit ‘less than’ Schedules I and II, and that its abuse ‘may lead to moderate or low physical dependence or high psychological dependence.'” The filing was submitted weeks after a series of cannabis and gun rights groups, including the National Rifle Association (NRA), filed amici briefs with the Supreme Court, urging it to pass final judgement that deems the federal firearms ban for cannabis users unconstitutional. Central to the arguments from NRA and the drug policy organizations is that, based on separate Supreme Court precedent on gun restrictions, barring marijuana users from buying or possessing firearms lacks historical analogues consistent with the nation’s founding and is inconsistent with the increasing social acceptance of marijuana as states continue to legalize if for medical or recreational purposes. ACLU attorneys representing Hemani have consistently made the case that the federal ban on gun ownership by marijuana consumers is nonsensical and unconstitutional—and that it’s made all the more confounding by the fact that Trump directed the expeditious finalization of a rule to move cannabis fto Schedule III of the CSA. The Supreme Court is scheduled to hear oral arguments in the Hemani proceedings on March 2. In the background, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) recently moved to loosen rules that bar people who consume marijuana and other illegal drugs from being able to lawfully purchase and possess guns by making it so fewer people would be affected. The interim final rule from ATF seeks to update the definition of “unlawful user of or addicted to any controlled substance” under an existing policy that has been interpreted to deny Second Amendment rights to people who have used illegal substances a single time within the past year. Last month, meanwhile, attorneys general for 19 states and Washington, D.C. filed their own brief siding with the federal government in the Hemani case, insisting that justices should maintain the current § 922(g)(3) statute. Also last month, Smart Approaches to Marijuana (SAM) and 21 other prohibitionist groups filed a brief, urging justices to uphold the constitutionality of the federal gun ban for people who use cannabis—which they claim is associated with violence and psychosis. Sauer, for his part, told the Supreme Court that people who use illegal drugs “pose a greater danger” than those who drink alcohol. Meanwhile, the Biden administration was evidently concerned about potential legal liability in federal cases for people convicted of violating gun laws simply by being a cannabis consumer who possessed a firearm, documents recently obtained by Marijuana Moment show. The previously unpublished 2024 guidance from former President Joe Biden’s Justice Department generally cautioned U.S. attorneys to use discretion in prosecuting federal cannabis cases, particularly for offenses that qualified people for pardons during his term. But one section seems especially relevant as the Supreme Court takes on a case challenging the constitutionality of the current federal gun statute. With respect to Hemani, in a separate August filing for the case, the Justice Department also emphasized that “the question presented is the subject of a multi-sided and growing circuit conflict.” In seeking the court’s grant of cert, the solicitor general also noted that the defendant is a joint American and Pakistani citizen with alleged ties to Iranian entities hostile to the U.S., putting him the FBI’s radar. If justices declare 922(g)(3) constitutional, such a ruling could could mean government wins in the remaining cases. The high court recently denied a petition for cert in U.S. v. Cooper, while leaving pending decisions on U.S. v. Daniels and U.S. v. Sam. The court also recently denied a petition for cert in another gun and marijuana case, U.S. v. Baxter, but that wasn’t especially surprising as both DOJ and the defendants advised against further pursing the matter after a lower court reinstated his conviction for being an unlawful user of a controlled substance in possession of a firearm. In any case, in Baxter, the department last week submitted a filing defending the federal gun ban for marijuana users—in part by drawing a contrast between those affiliated with gangs and a hypothetical “frail and elderly grandmother” who uses medical cannabis. Meanwhile, in recent interviews with Marijuana Moment, several Republican senators shared their views on the federal ban on gun possession by people who use marijuana—with one saying that if alcohol drinkers can lawfully buy and use firearms, the same standard should apply to cannabis consumers. Separately, the U.S. Court of Appeals for the Tenth Circuit last year sided with a federal district court that dismissed an indictment against Jared Michael Harrison, who was charged in Oklahoma in 2022 after police discovered cannabis and a handgun in his vehicle during a traffic stop. The case has now been remanded to that lower court, which determined that the current statute banning “unlawful” users of marijuana from possessing firearms violates the Second Amendment of the Constitution. The lower court largely based his initial decision on an interpretation of a Supreme Court ruling in which the justices generally created a higher standard for policies that seek to impose restrictions on gun rights. In the U.S. Court of Appeals for the Eleventh District, judges recently ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms. As a recent report from the Congressional Research Service (CRS) explained the current legal landscape, a growing number of federal courts are now “finding constitutional problems in the application of at least some parts” of the firearms prohibition. In another ruling, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial before a jury may be necessary to determine whether cannabis in fact caused the defendant to be dangerous or pose a credible threat to others. The Third Circuit separately said in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional as applied to particular defendants. A federal court in October agreed to delay proceedings in a years-long Florida-based case challenging the constitutionality of the ban on gun ownership by people who use medical marijuana, with the Justice Department arguing that the Supreme Court’s recent decision to take up Hemani warrants a stay in the lower court. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Last year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent. A federal judge in El Paso separately ruled in 2024 that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed. DOJ has claimed in multiple federal cases over the past several years that the statute banning cannabis consumers from owning or possessing guns is constitutional because it’s consistent with the nation’s history of disarming “dangerous” individuals. In 2023, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they’re “unlikely” to store their weapon properly. The post DOJ Tells Supreme Court That Federal Gun Ban For Marijuana Users Must Be Upheld—Even If Trump’s Rescheduling Order Is Finalized appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

DOJ’s marijuana & guns filing; HI legalization bill advances; NY THC beverage licenses; MO hemp product ban passes Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Free to read (but not free to produce)! We’re proud of our newsletter and the reporting we publish at Marijuana Moment, and we’re happy to provide it for free. But it takes a lot of work and resources to make this happen. If you value Marijuana Moment, invest in our success on Patreon so we can expand our coverage and more readers can benefit: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW The Department of Justice suggested in court filing that a “frail and elderly grandmother” who “uses marijuana for a chronic medical condition” could potentially succeed in challenging the federal law banning gun possession by cannabis consumers—while defending the overall policy. The Hawaii Senate Health and Human Services Committee and Commerce and Consumer Protection Committee approved a bill to legalize low-dose and low-potency marijuana, even as their counterparts in the House of Representatives say cannabis prohibition will not be ended in the state this year. Texas voters who participate in the March 3 Democratic primary election for which early voting is currently underway will get to weigh in on a marijuana ballot question that asks whether the state should “legalize cannabis for adults and automatically expunge criminal records for past low-level cannabis offenses.” New York lawmakers filed legislation to allow liquor and wine stores to sell THC-infused drinks by obtaining a new low potency cannabis beverage retail permit. The Missouri House of Representatives passed a bill to ban hemp THC products in line with recently adopted federal restrictions. / FEDERAL Sen. Amy Klobuchar (D-MN) tweeted, “Minnesota business owners like Sean Syverson are feeling the impact of the administration’s across-the-board tariffs—higher costs, lost markets, no stability to plan for the future. That’s why I’m fighting to repeal these harmful tariffs on Canada, and the federal hemp ban.” / STATES The Oklahoma House Alcohol, Tobacco and Substance Abuse Services Committee approved a bill to restrict the shape of medical cannabis gummies and add labeling requirements. West Virginia lawmakers discussed their marijuana reform bills. Colorado regulators published guidance about changes to licensing procedures for new or renewing marijuana business employees. New York regulators seized more than $2 million dollars worth of illicit cannabis products in multiple enforcement actions across the state. California regulators published a brochure on the Cannabis Inspection Program. New Jersey marijuana regulators sent a note about Black History Month. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL The Chicago, Illinois City Council upheld the mayor’s veto of a bill to restrict hemp-derived products. San Francisco, California’s mayor signed a bill allowing police to arrest people for public drug use and send them to a center where they can leave after sobering up. / INTERNATIONAL Costa Rican regulators launched an online platform for medical cannabis and hemp authorizations. / SCIENCE & HEALTH A review concluded that “cannabinoids show anticancer effects in melanoma and non-melanoma skin cancers.” A study “advances our understanding of how psychedelic compounds may function as therapeutics for mitigating the substantial global burden of nicotine addiction and other” substance use disorders. / BUSINESS Curaleaf Holdings, Inc. closed a private placement of $500 million aggregate principal amount of senior secured notes. Organigram Global Inc. announced a C$65.2 million private placement investment by BT DE Investments Inc., a wholly-owned subsidiary of British American Tobacco p.l.c. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: Photo courtesy of Chris Wallis // Side Pocket Images. The post Cannabis legalization on the ballot in Texas (Newsletter: February 20, 2026) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“We’re not pioneering anything new here. What Missouri is doing…is simply aligning our state statutes with the federal action.” By Rebecca Rivas, Missouri Independent The Missouri House approved a bill Thursday that would ban all intoxicating hemp products—things like THC seltzers or hemp-derived THC edibles currently sold at gas stations and smoke shops—beginning in November. The bill, sponsored by Republican state Rep. Dave Hinman of O’Fallon, would prohibit hemp products from containing more than 0.4 milligrams of THC per container, which is among the limits included in a provision in the federal spending bill Congress approved last year. Even if Congress reverses course and decides to allow the sale of these products, Hinman’s bill would only permit them to be sold in Missouri’s licensed marijuana dispensaries. And if Congress chooses to delay the ban for a couple years, Missouri would still ban all products, except for intoxicating beverages. With a 109-34 vote, the bill now heads to the Senate for its consideration. “We’re not pioneering anything new here,” Hinman said during debate on his bill Thursday. “What Missouri is doing…is simply aligning our state statutes with the federal action so our law enforcement, the highway patrol, local prosecutors and the attorney general’s office can work in tandem with our federal partners. No gaps, no loopholes.” Republican State Rep. Matthew Overcast of Ava spoke against the bill, particularly a provision stating intoxicating hemp products “shall be considered marijuana” and be regulated the same. This would essentially ban nearly all intoxicating hemp products currently sold in the state because marijuana must be grown in Missouri and most hemp is grown elsewhere. It would also require hemp products to be sold in licensed cannabis dispensaries, which can only sell product grown within Missouri licensed cultivation facilities. Overcast argued that Missouri’s constitution already defines what marijuana is, and only voters can change that definition—not lawmakers. And while proponents say the changes are needed to protect children from accessing these products, Overcast said, the reality is the bill will only protect the marijuana industry from competition. “We cannot rewrite voter adopted language by statute simply because certain market participants prefer less competition,” Overcast said. “If protecting children was truly the goal, we know what works: age restrictions, standards, clear labeling, packaging safeguards, responsible retail rules.” Hinman said he believes Missouri lawmakers have the authority to make this change. “The [Missouri] Constitution defines marijuana broadly as anything from the cannabis plant except for industrial hemp,” Hinman said. “Hemp-derived cannabinoid products are not industrial hemp. They are intoxicating.” Overcast also argued the bill doesn’t allow Missouri to continue to align with federal guidelines. If Congress passed legislation allowing states to sell intoxicating hemp products outside of marijuana dispensaries, Overcast said Missouri businesses would not be able to because Hinman’s bill only allows them to be sold within what he called the “marijuana monopoly.” “That is not public safety, that is not safety policy,” he said. “This is picking winners and losers.” State officials estimated in 2024 that 40,000 food establishments and smoke shops and 1,800 food manufacturers were selling products that would be banned under the proposed federal regulations. It includes low-dose THC seltzers, such as Mighty Kind and Triple, that have increased in popularity at liquor stores and bars. Hinman’s legislation is one of the first bills to get House approval this year. He previously told The Independent the legislation was a priority for the state’s leadership, including the governor, attorney general and House speaker. This will be the fourth year in a row that Missouri lawmakers have attempted to regulate intoxicating hemp products, with previous debates ending in stalemates. Hinman told The Independent Thursday afternoon that he considers himself to be “pro small business,” and this wasn’t the bill he was hoping to pass this year—but it aligns the state with the upcoming federal restrictions. “All of last year and up until before this federal decision was made, I was pushing to keep drinks and low-dose gummies available for those small businesses to sell,” he said. For 10 months last year, he said he tried to bring hemp business owners together to propose a regulatory framework outside of the marijuana rules. “And they could not come to a conclusion on what would be acceptable,” Hinman said. Restricting the products to only be sold in cannabis dispensaries was also not his preference, he said, but it’s the regulatory framework the state already has in place. His original language stated Missouri would delay its ban if the federal government did, but he said that would unintentionally leave the products unregulated in the state indefinitely. “And then we’re back to trying to create a regulatory framework for hemp products,” he said. “The attorney general was not happy because she wants something accomplished. And of course, the police do…their hands are tied with continuing with an unregulated market.” If Congress decided to allow low-dose THC hemp products to be sold outside dispensaries, he said Missouri would have to come back and pass legislation allowing that. Republican state Rep. Jeff Myers of Warrenton spoke in favor of closing loopholes that were opened when Congress legalized hemp in the 2018 Farm Bill. “All we’re saying is the federal government went back and addressed a loophole that got exploited,” he said. “We’re closing that back up.” This story was first published by Missouri Independent. The post Missouri House Passes Bill To Ban Hemp THC Drinks, Gummies And Other Products appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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New York liquor and wine stores would be able to obtain a permit to sell low-dose cannabis-infused drinks at their businesses under a newly introduced pair of bills. Sen. Jeremy Cooney (D) and Assemblymember John Zaccaro, Jr. (D) filed companion versions of the legislation in their respective chambers this past week, with the intent being to build upon the state’s maturing cannabis market. That market “continues to evolve, and consumer demand for low-dose, beverage-based cannabis products has increased significantly,” a justification memo attached to the proposal says. “These products are typically lower potency and consumed in a manner similar to other regulated beverages, making them appropriate for sale in controlled retail environments with strong compliance histories.” “Allowing existing off-premises alcohol retailers to sell low potency cannabis beverages through a carefully structured permit system will expand legal access to regulated products, reduce illicit market activity, and provide a clear, enforceable pathway for responsible retail sales,” it says. “By limiting eligibility to established licensees and requiring separate storage, tracking, and enforcement coordination, the bill preserves public health and safety while ensuring strong regulatory oversight.” The Senate bill, S9220, has been referred to the Investigations and Government Operations Committee, while the Assembly version, A10191, is heading to the Economic Development Committee. The legislation “supports small businesses and social and economic equity applicants by dedicating a portion of revenues to loans, grants, technical assistance, and enforcement against illicit operators,” and it also provides for revenue sharing with municipalities in a way that “recognizes the local role in hosting and regulating these sales.” “This targeted approach balances consumer access, economic opportunity, and public safety while maintaining the integrity of New York’s cannabis and alcohol regulatory frameworks,” the justification memo concludes. Under the proposal, alcohol shops that obtain a low potency cannabis beverage retail permit from the New York State Liquor Authority would be able to sell cannabis drinks in single-use containers and containing no more than 5 milligrams of total THC. Regulators would be tasked with determining the annual fee to maintain the cannabis permit, which would need to be held concurrently with the business’s alcohol sales license. All low potency cannabis beverages shall be maintained in a separate and distinct area of the licensed premises from alcoholic beverages, clearly marked by signage as required by the authority,” the bill says. “Low potency cannabis beverage retail permittees shall maintain inventory records of all low potency cannabis beverages acquired, in the possession of the permittee, and sold using a software system determined by” the Office of Cannabis Management (OCM). The legislation would also impose a 9 percent tax on the sale or transfer of low-potency cannabis drinks from distributors to permit holders, and there would also be a 13 percent tax on the sale of those beverages at the point of purchase by consumers. Tax revenue would cover administrative costs, social equity initiatives such as technical assistance, enforcement operations targeting the illicit cannabis market and local governments where the permit holders operate. Meanwhile, the governor of New York this month signed legislation into law that revises zoning requirements for licensed marijuana businesses, granting more flexibility to retailers located within certain distances of schools and places of worship. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Last month, New York officials released a set of reports providing a 2025 end-of-year status update on the evolution of the state’s medical and adult-use marijuana markets—touting record sales, revenue hauls for state coffers, licensing approvals, equity initiatives and more. All told, retail cannabis sales in New York have exceeded $2.5 billion since the passage of recreational legalization, including $1.6 billion that was generated last year alone as of November. Also, licensed storefronts nearly doubled from 261 in 2024 to 556 in 2025. The OCM annual report also notes that Hochul signed legislation into law that expands the state’s medical cannabis program by improving patient access and “updating the program framework to better meet patient needs statewide.” The legislation the governor signed also grants reciprocity to out-of-state residents, streamlines the patient certification process and allows adults 18 and older to grow their own cannabis plants for therapeutic use. Separately, given confusion within the marketplace about timelines for provisional licenses, regulators said they will be extending the renewal deadline for conditional adult-use until December 31, 2026. “This extension provides licensees additional time to secure viable locations and move toward full licensure,” OCM said. “It will also apply to any provisional licenses issued between September 9, 2025, and December 30, 2025, ensuring clarity and consistency for all provisional license holders.” Last July, meanwhile, New York officials announced the first round of grants under a $5 million program to help retail marijuana businesses owned by justice-involved people cover startup costs. The post New York Liquor Stores Could Sell Low-THC Cannabis Beverages Under Newly Filed Bills appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Texas voters who go to the polls for the primary election that’s currently underway have the opportunity to weigh in on whether marijuana should be legalized in the state—at least if they select a Democratic ballot. As part of the March 3 election for which early voting has already started, each major party was able to place several non-binding propositions on the ballot that allow voters show how they feel on key issues. The Texas Democratic Party is using one of its propositions to find out where the electorate stands on legalizing cannabis and whether past convictions should be expunged. The yes or no question on Democratic primary ballots reads: “Texas should legalize cannabis for adults and automatically expunge criminal records for past low-level cannabis offenses.” There is no cannabis question on the Republican ballot, but Texas has an open primary system in which voters can opt to participate in either party’s primary regardless of how they are registered. The result of the voting on Democrats’ marijuana question will not on its own change any cannabis laws, but it could send a signal to lawmakers about popular support for reform. For what it’s worth, a poll released last year found that a plurality of Texas voters want the state’s marijuana laws to be made “less strict.” And among the legislative items lawmakers considered during recent special sessions, voters say a proposal to address hemp regulations was among the least important. In the background, officials with the Department of Public Safety (DPS) in December conditionally approved nine new medical marijuana business licenses in December as part of a law that’s being implemented to significantly expand the state’s cannabis program. The department will issue conditional licenses to three additional dispensaries by April 2026. This represents a major change to the program, as there are currently only three dispensaries licensed to operate in Texas. DPS in October adopted additional rules to increase the number of licensed dispensaries, establishing security requirements for “satellite” locations and authorizing the revocation of licenses for certain violations. The Department of State Health Services (DSHS) also recently finalized rules allowing doctors to recommend new qualifying conditions for cannabis patients and creating standards for allowable low-THC inhalation devices. Meanwhile, bipartisan Texas lawmakers say the stage is set to advance legislation next session establishing regulations for hemp THC products, with growing understanding among their colleagues that prohibition fails to effectively address concerns about the cannabis market. In the interim, Texas regulators have taken a series of steps to enact rules around consumable hemp products over recent month, which began after Gov. Greg Abbott (R) vetoed a bill last year that would’ve effectively eradicated the state’s hemp market. In late December, meanwhile, the Department of State Health Services (DSHS) released a set of proposed rules to regulate the state’s hemp market—including provisions related to age-gating, licensing fees, testing requirements, packaging restrictions and more in response to an executive order the governor signed in September. Image element courtesy of AnonMoos. The post Marijuana Legalization Is On The Ballot In Texas During The Primary Election That’s Happening Now appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Hawaii senators have approved a bill to legalize low-dose and low-potency marijuana, even as their counterparts in the House of Representatives say cannabis prohibition will not be ended in the state this year. Members of the Senate Health and Human Services Committee advanced the measure—SB 3275 from Sen. Joy San Buenaventura (D)— on Wednesday after holding a hearing on the proposal a day earlier. The legislation would allow adults 21 and older to legally possess and use certain amounts of low-dose and low-THC cannabis for personal use, with products limited to a maximum of 5 milligrams of THC per serving. In liquid form, they could have up to 5 milligrams of THC per twelve ounces. The bill does not provide for licensing of commercial cannabis cultivation, production and sales. Before approving the proposal, members amended it by removing some provisions concerning home cultivation and swapping out a regulatory role for the Department of Commerce and Consumer Affairs with the Office of Medical Cannabis Control and Regulation. They also deleted sections of the bill that would have protected marijuana consumers’ workplace, parental and medical care rights. The Commerce and Consumer Protections Committee, which also participated in the joint hearing on the bill on Tuesday, deferred its own action on the measure until Thursday. The Health and Human Services Committee on Wednesday also approved a bill to allow patients to immediately access medical cannabis once their registrations are submitted, instead of having to wait until their cards are delivered as is the case under current law. A separate marijuana legalization bill that contained provisions making the reform contingent on changes to federal law or the state Constitution, SB 2421, was deferred for action by both panels. Both panels additionally deferred action on a measure to allow for the sale of certain hemp-derived cannabinoid products. The state attorney general’s office voiced opposition to the legalization proposal that advanced, stating that, as currently drafted, the bill “effectively legalizes a level of non-medical adult-use cannabis without the necessary resources and regulatory scheme required to safely and effectively administer a non-medical adult-use cannabis program.” The Senate committee action comes after key House lawmakers signaled that cannabis legalization proposals would not be advancing in the 2026 session, citing a lack of sufficient support in their chamber. Despite renewed hopes that those bills—including one from House Judiciary and Hawaiian Affairs Committee Chairman David Tarnas (D) that would have put the issue of legalization before voters at the ballot—would advance this year, the sponsor and House Speaker Nadine Nakamura (D) said there wasn’t enough support within the legislature to pass them this round. State officials last month released a report on the potential economic impact of recreational marijuana legalization in the state, including revenue implications related to domestic and international tourism. All told, researchers said survey data and comparative analyses indicate that Hawaii could see anywhere from $46-$90 million in monthly marijuana sales by year five of implementation, after accounting for a maximum 15 percent tax rate on cannabis products. Hawaii’s Senate last year narrowly defeated a proposal that would have increased fivefold the amount of cannabis that a person could possess without risk of criminal charges. Had the measure become law, it would have increased the amount of cannabis decriminalized in Hawaii from the current 3 grams up to 15 grams. Possession of any amount of marijuana up to that 15-gram limit would have been classified as a civil violation, punishable by a fine of $130. A Senate bill that would have legalized marijuana for adults, meanwhile, ultimately stalled for the session. That measure, SB 1613, failed to make it out of committee by a legislative deadline. While advocates felt there was sufficient support for the legalization proposal in the Senate, it’s widely believed that House lawmakers would have ultimately scuttled the measure, as they did last February with a legalization companion bill, HB 1246. In 2024, a Senate-passed legalization bill also fizzled out in the House. Last year’s House vote to stall the bill came just days after approval from a pair of committees at a joint hearing. Ahead of that hearing, the panels received nearly 300 pages of testimony, including from state agencies, advocacy organizations and members of the public. Gov. Josh Green (D) signed separate legislation last year to allow medical marijuana caregivers to grow marijuana on behalf of up to five patients rather than the current one. And in July, the governor signed another bill that establishes a number of new rules around hemp products in Hawaii, including a requirement that distributors and retailers obtain a registration from the Department of Health. Lawmakers also sent a bill to the governor that would help speed the expungement process for people hoping to clear their records of past marijuana-related offenses—a proposal Green signed into law last April. That measure, HB 132, from Tarnas, is intended to expedite expungements happening through a pilot program signed into law in 2024 by Green. Specifically, it will remove a distinction between marijuana and other Schedule V drugs for the purposes of the expungement program. The bill’s proponents said the current wording of the law forces state officials to comb through thousands of criminal records manually in order to identify which are eligible for expungement under the pilot program. Meanwhile, in November, Hawaii officials finalized rules that will allow medical marijuana dispensaries to sell an expanded assortment of products for patients—including dry herb vaporizers, rolling papers and grinders—while revising the state code to clarify that cannabis oils and concentrates can be marketed for inhalation. The department also affirmed its support for federal marijuana rescheduling—a policy change that President Donald Trump ordered to be completed expeditiously but has yet to come to fruition. Hawaii lawmakers recently advanced a bill to allow qualifying patients to access medical marijuana at health facilities. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Regulators are also launching a series of courses designed to educate physicians and other healthcare professionals about medical marijuana as the state’s cannabis program expands. The underlying medical marijuana expansion bill signed by the governor in late June, in addition to allowing more patients to more easily access cannabis, also contains a provision that advocates find problematic. Before lawmakers sent the legislation to Green, a conference committee revised the plan, inserting a provision to allow DOH to access medical marijuana patient records held by doctors for any reason whatsoever. Photo courtesy of Philip Steffan. The post Hawaii Senators Approve Limited Marijuana Legalization Bill After House Punts On Reform For 2026 appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The U.S. Justice Department is again defending the federal law prohibiting people who use marijuana from owning or possessing firearms—in part by drawing a contrast between those affiliated with gangs and a hypothetical “frail and elderly grandmother” who uses medical cannabis. In a brief filed with the U.S. Court of Appeals for the Eighth Circuit last week, attorneys for DOJ said judges should uphold the earlier denial of a motion to dismiss the case, U.S. vs. Baxter, where the defendant was convicted of violating a statute known as Section 922(g)(3). As in multiple related cannabis and gun cases, the Justice Department argued that disarming people who use marijuana does not constitute a violation of the Second Amendment because the law is grounded in historical precedent with the country’s founding. Specifically, the federal government claimed there are relevant historical analogues prohibiting gun ownership by the mentally ill, those who induce terror and “habitual drunkards.” “Because Baxter’s marijuana use makes him a particularly dangerous gun possessor, this Court should affirm the denial of his motion to dismiss,” DOJ said. In defending its position, the department made repeated references to an earlier case that went before the Eighth Circuit, U.S. vs. Veasley, in which the court indicated that historical precedent might not justify disarming a “frail and elderly grandmother” who uses medical cannabis and keeps a gun for protection. “Notably, however, disarmament of drug users is comparable to founding-era laws only if it is ‘limited to those who pose a danger to others,'” DOJ said in the latest filing. “The Second Amendment, for example, may tolerate disarmament of a PCP user but not a ‘frail and elderly grandmother’ who ‘uses marijuana for a chronic medical condition.'” It later added that “this Court suggested an as-applied Second Amendment challenge might succeed for an ’80-year-old grandmother who uses marijuana for a chronic medical condition and keeps a pistol tucked away for her own safety,'” but DOJ argued that the standard does not apply in Baxter because the defendant was affiliated with a gang, was found to have THC metabolites in his system at the time of his arrest and posted on social media videos of him brandishing firearms, sometimes while allegedly consuming cannabis. An “as-applied challenge focuses on Baxter’s conduct, and the record makes plain that Baxter is nothing like…the hypothetical grandmother discussed in Veasley,” it said. “All told, the district court correctly concluded that Baxter ‘bears no resemblance to the ‘frail and elderly grandmother’ this Court envisioned in Veasley. Veasley makes clear that ‘at least some drug users and addicts fall within a class of people who historically have had limits placed on their right to bear arms.’ The district court correctly held that Baxter was among those drug users who may be disarmed based on their use of firearms to induce terror.” “In Baxter’s case, the record amply shows that his marijuana use and resulting behavior are consistent with that of someone who is mentally ill and dangerous,” the brief said, adding that expert testimony from a former National Institute on Drug Abuse (NIDA) section chief suggested that “modern marijuana is ‘tremendously more potent’ due to genetic engineering.” The filing in Baxter comes as the U.S. Supreme Court weighs the facts in a separate case challenging the constitutionality of the federal gun ban for cannabis consumers. Last month, the National Rifle Association (NRA)–arguably the most influential gun rights lobbying group in the U.S.—joined top drug policy reform organizations and other interests in urging justices to declare the federal ban unconstitutional. ACLU attorneys representing the defendant in Hemani have made the case that the federal ban on gun ownership by marijuana consumers is nonsensical and unconstitutional—and that it’s made all the more confounding by the fact that President Donald Trump directed the expeditious finalization of a rule to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). The Supreme Court is scheduled to hear oral arguments in the Hemani proceedings on March 2. In the background, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) recently moved to loosen rules that bar people who consume marijuana and other illegal drugs from being able to lawfully purchase and possess guns by making it so fewer people would be affected. The interim final rule from ATF seeks to update the definition of “unlawful user of or addicted to any controlled substance” under an existing policy that has been interpreted to deny Second Amendment rights to people who have used illegal substances a single time within the past year. In December, meanwhile, attorneys general for 19 states and Washington, D.C. filed their own brief siding with the federal government in the Hemani case, insisting that justices should maintain the current § 922(g)(3) statute. Also that month, Smart Approaches to Marijuana (SAM) and 21 other prohibitionist groups filed a brief, urging justices to uphold the constitutionality of the federal gun ban for people who use cannabis—which they claim is associated with violence and psychosis. U.S. Solicitor General D. John Sauer, for his part, told the Supreme Court that people who use illegal drugs “pose a greater danger” than those who drink alcohol. Meanwhile, the Biden administration was evidently concerned about potential legal liability in federal cases for people convicted of violating gun laws simply by being a cannabis consumer who possessed a firearm, documents recently obtained by Marijuana Moment show. The previously unpublished 2024 guidance from former President Joe Biden’s Justice Department generally cautioned U.S. attorneys to use discretion in prosecuting federal cannabis cases, particularly for offenses that qualified people for pardons during his term. But one section seems especially relevant as the Supreme Court takes on a case challenging the constitutionality of the current federal gun statute. With respect to Hemani, in a separate August filing for the case, the Justice Department also emphasized that “the question presented is the subject of a multi-sided and growing circuit conflict.” In seeking the court’s grant of cert, the solicitor general also noted that the defendant is a joint American and Pakistani citizen with alleged ties to Iranian entities hostile to the U.S., putting him the FBI’s radar. If justices declare 922(g)(3) constitutional, such a ruling could could mean government wins in the remaining cases. The high court recently denied a petition for cert in U.S. v. Cooper, while leaving pending decisions on U.S. v. Daniels and U.S. v. Sam. The court denied a petition for cert in Baxter, but that wasn’t especially surprising as both DOJ and the defendants advised against further pursing the matter after a lower court reinstated his conviction for being an unlawful user of a controlled substance in possession of a firearm. Meanwhile, in recent interviews with Marijuana Moment, several Republican senators shared their views on the federal ban on gun possession by people who use marijuana—with one saying that if alcohol drinkers can lawfully buy and use firearms, the same standard should apply to cannabis consumers. Separately, the U.S. Court of Appeals for the Tenth Circuit last year sided with a federal district court that dismissed an indictment against Jared Michael Harrison, who was charged in Oklahoma in 2022 after police discovered cannabis and a handgun in his vehicle during a traffic stop. The case has now been remanded to that lower court, which determined that the current statute banning “unlawful” users of marijuana from possessing firearms violates the Second Amendment of the Constitution. The lower court largely based his initial decision on an interpretation of a Supreme Court ruling in which the justices generally created a higher standard for policies that seek to impose restrictions on gun rights. In the U.S. Court of Appeals for the Eleventh District, judges recently ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms. As a recent report from the Congressional Research Service (CRS) explained the current legal landscape, a growing number of federal courts are now “finding constitutional problems in the application of at least some parts” of the firearms prohibition. In another ruling, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial before a jury may be necessary to determine whether cannabis in fact caused the defendant to be dangerous or pose a credible threat to others. The Third Circuit separately said in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional as applied to particular defendants. A federal court in October agreed to delay proceedings in a years-long Florida-based case challenging the constitutionality of the ban on gun ownership by people who use medical marijuana, with the Justice Department arguing that the Supreme Court’s recent decision to take up Hemani warrants a stay in the lower court. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Last year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent. A federal judge in El Paso separately ruled in 2024 that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed. DOJ has claimed in multiple federal cases over the past several years that the statute banning cannabis consumers from owning or possessing guns is constitutional because it’s consistent with the nation’s history of disarming “dangerous” individuals. In 2023, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they’re “unlikely” to store their weapon properly. Read the latest DOJ filing defending the federal gun ban for marijuana users below: The post DOJ Suggests ‘Frail And Elderly Grandmother’ Who Uses Medical Marijuana Could Own Gun—While Defending Overall Federal Ban appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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AZ bill to criminalize “excessive” marijuana odor; PA legalization push; HI medical cannabis access vote; MO licensing audit Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Free to read (but not free to produce)! We’re proud of our newsletter and the reporting we publish at Marijuana Moment, and we’re happy to provide it for free. But it takes a lot of work and resources to make this happen. If you value Marijuana Moment, invest in our success on Patreon so we can expand our coverage and more readers can benefit: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW The Food and Drug Administration has missed a deadline in hemp recriminalization legislation signed by President Donald Trump to publish lists of cannabinoids in the plant and issue guidance on the term ‘container’” with respect to hemp product THC serving sizes. An Arizona senator filed legislation to criminalize the “creation of excessive marijuana smoke and odor” after complaining about the smell of cannabis in his own neighborhood—but admitting that he “hadn’t thought about” applying it to cigarettes as well. The Hawaii Senate Health and Human Services Committee and Commerce and Consumer Protections Committee approved a bill to allow patients to immediately purchase medical cannabis after their registration is submitted instead of having to wait until their card is delivered. The Pittsburgh, Pennsylvania City Council adopted a resolution calling on Gov. Josh Shapiro (D) and state lawmakers to “act with urgency and pass comprehensive adult-use cannabis legalization during the 2026 legislative session.” Missouri’s state auditor issued a report highlighting “deficiencies” in the Division of Cannabis Regulation’s marijuana business licensing process, drawing pushback from the agency. The Nebraska legislature’s General Affairs Committee approved a bill to give Medical Cannabis Commission members a salary, create a cash account to help fund the body’s work and allow it to charge fees of and require fingerprinting from business license applicants. The South Dakota Department of Health announced that it will soon begin issuing digital medical cannabis patient cards as an alternative to physical ones. / FEDERAL The Drug Enforcement Administration posted another profile of one of its special agents. / STATES Texas’s agriculture commissioner and a primary challenger discussed marijuana and hemp policy during a debate. Massachusetts’s top marijuana regulator acknowledged that the state has “not met the mission of promoting social equity” in the industry.” California’s top marijuana regulator discussed taxes and efforts to oversee the legal industry. New York regulators published guidance on hemp issues. Oklahoma regulators touted their recent administrative actions over alleged violations by medical cannabis businesses. Oregon regulators will consider lifting a marijuana business license moratorium on Thursday. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / INTERNATIONAL Finnish lawmakers rejected a marijuana legalization proposal. / SCIENCE & HEALTH A study of medical cannabis use found “improvements in pain, anxiety, depression, and [quality of life] were observed from Baseline to Week 24.” A review concluded that “psilocybin-assisted therapy is associated with rapid antidepressant effects and durability signals in selected samples, while convergent animal and human mechanistic findings support neuroplasticity as a biologically plausible contributor to sustained clinical improvement.” / BUSINESS MTL Cannabis Corp. shareholders approved the company’s acquisition by Canopy Growth Corporation. Organigram Global Inc. entered into an agreement to acquire Sanity Group GmbH shares it does not already own. Stiiizy Inc. is being sued for allegedly breaching contracts. The Cannabist Company Holdings Inc. extended a forbearance agreement with noteholders. / CULTURE Basketball player Deandre Ayton was detained on suspicion of marijuana possession at an airport in the Bahamas. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post FDA misses cannabis deadline mandated by Congress (Newsletter: February 19, 2026) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Hawaii lawmakers have approved a bill to allow patients to immediately access medical cannabis once their registrations are submitted, instead of having to wait until their cards are delivered as is the case under current law. At a joint hearing of the Senate Health and Human Services Committee and Commerce and Consumer Protections Committee on Wednesday, members approved the legislation from Sen. Angus McKelvey (D), with an amendment lowering the one-time purchase limit to one ounce of cannabis instead of the two ounces that would have been covered by the measure as introduced. Sen. Joy San Buenaventura (D), chair of the Health and Human Services Committee, said at the hearing that she believes regulators are equipped to track those interim sales “using administrative rules as required,” and she said her support it partly informed by personal experience. The chairwoman said SB 3315 could have helped her family as they supported a terminally ill relative, “where we tried every possible prescriptive ability” and “really needed that one-time use.” “So for those reasons, I’m going to be passing [the bill] with amendments” to reduce the purchase limit from two ounces to one ounce. The measure’s approval comes as legislators also weigh proposals to legalize marijuana in the state, with action expected imminently. Historically, it’s been the Hawaii Senate that’s proved more amenable to cannabis reform in the legislature—and the 2026 session hasn’t been any different so far. That was evidenced, in part, after key House lawmakers announced earlier this month that a pair of legalization bills that originated in the chamber were effectively dead for the year. Despite renewed hopes that the proposals—including one from House Judiciary and Hawaiian Affairs Committee Chairman David Tarnas (D) that would have put the issue of legalization before voters at the ballot—would advance this year, the sponsor and House Speaker Nadine Nakamura (D) said there wasn’t enough support within the legislature to pass them this round. State officials last month released a report on the potential economic impact of recreational marijuana legalization in the state, including revenue implications related to domestic and international tourism. All told, researchers said survey data and comparative analyses indicate that Hawaii could see anywhere from $46-$90 million in monthly marijuana sales by year five of implementation, after accounting for a maximum 15 percent tax rate on cannabis products. Hawaii’s Senate last year narrowly defeated a proposal that would have increased fivefold the amount of cannabis that a person could possess without risk of criminal charges. Had the measure become law, it would have increased the amount of cannabis decriminalized in Hawaii from the current 3 grams up to 15 grams. Possession of any amount of marijuana up to that 15-gram limit would have been classified as a civil violation, punishable by a fine of $130. A Senate bill that would have legalized marijuana for adults, meanwhile, ultimately stalled for the session. That measure, SB 1613, failed to make it out of committee by a legislative deadline. While advocates felt there was sufficient support for the legalization proposal in the Senate, it’s widely believed that House lawmakers would have ultimately scuttled the measure, as they did last February with a legalization companion bill, HB 1246. In 2024, a Senate-passed legalization bill also fizzled out in the House. Last year’s House vote to stall the bill came just days after approval from a pair of committees at a joint hearing. Ahead of that hearing, the panels received nearly 300 pages of testimony, including from state agencies, advocacy organizations and members of the public. Gov. Josh Green (D) signed separate legislation last year to allow medical marijuana caregivers to grow marijuana on behalf of up to five patients rather than the current one. And in July, the governor signed another bill that establishes a number of new rules around hemp products in Hawaii, including a requirement that distributors and retailers obtain a registration from the Department of Health. Lawmakers also sent a bill to the governor that would help speed the expungement process for people hoping to clear their records of past marijuana-related offenses—a proposal Green signed into law last April. That measure, HB 132, from Tarnas, is intended to expedite expungements happening through a pilot program signed into law in 2024 by Green. Specifically, it will remove a distinction between marijuana and other Schedule V drugs for the purposes of the expungement program. The bill’s proponents said the current wording of the law forces state officials to comb through thousands of criminal records manually in order to identify which are eligible for expungement under the pilot program. Meanwhile, in November, Hawaii officials finalized rules that will allow medical marijuana dispensaries to sell an expanded assortment of products for patients—including dry herb vaporizers, rolling papers and grinders—while revising the state code to clarify that cannabis oils and concentrates can be marketed for inhalation. The department also affirmed its support for federal marijuana rescheduling—a policy change that President Donald Trump ordered to be completed expeditiously but has yet to come to fruition. Hawaii lawmakers recently advanced a bill to allow qualifying patients to access medical marijuana at health facilities. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Regulators are also launching a series of courses designed to educate physicians and other healthcare professionals about medical marijuana as the state’s cannabis proagram expands. The underlying medical marijuana expansion bill signed by the governor in late June, in addition to allowing more patients to more easily access cannabis, also contains a provision that advocates find problematic. Before lawmakers sent the legislation to Green, a conference committee revised the plan, inserting a provision to allow DOH to access medical marijuana patient records held by doctors for any reason whatsoever. The post Hawaii Lawmakers Approve Bill To Let Patients Access Medical Marijuana Immediately Instead Of Having To Wait For Registration Processing appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net