The United States Takes Two More Steps Toward Legalizing Cannabis

In the United States, several states have further relaxed their cannabis laws—particularly those regarding medical use—due to the COVID-19 pandemic. Some have even legalized possession and use. For many years, cannabis was illegal in only a few U.S. jurisdictions, including Alabama, Wyoming, and South Carolina. In Mississippi, medical cannabis was legalized nearly two years ago. 

As of June 2016, consumers faced only a fine of less than $100. By the end of that same year, cannabis was more or less legal in about 30 of the 50 states. And one in five states had legalized non-medical use by adults. States on the West Coast are the most likely to legalize cannabis. Furthermore, thresholds for production, possession, and consumption vary. This situation makes the task of federal regulators difficult. Recreational use continues to grow.

During the U.S. midterm elections on Tuesday, November 8, voters in five states were asked to vote on the legalization of cannabis. With the exception of Maryland, these states voted for Donald Trump in the 2020 presidential election. Prior to these referendums, recreational cannabis use was permitted in nineteen states. According to the results, two more states will join them.

Midterm elections are elections for both chambers of the United States Congress. They are held halfway through the U.S. president’s four-year term, hence their name. They disrupt U.S. domestic politics. The elections cover all 435 seats in the House of Representatives and one-third of the 100 seats in the Senate.

On the same day, in many states, counties, and cities across the United States, elections for their own representatives are held, following the federal model, or referendums are held. As a result, nearly two-thirds of the governors responsible for their states’ executive branches will be elected on that day.

Midterm elections, like all federal elections, are held on the Tuesday following the first Monday in November (Election Day). Thus, the most recent midterms took place on Tuesday, November 8, 2022.

In total, six states have recently adopted measures to regulate substances. Five of these measures concerned cannabis. In Colorado, the proposal called for the reclassification of certain psychedelic substances.

Until the day before the results were announced, cannabis was legal in California, New York, Illinois, Michigan, New Jersey, Virginia, Washington, Arizona, Massachusetts, Colorado, Oregon, Connecticut, Nevada, New Mexico, Maine, Rhode Island, Montana, Alaska, and Vermont.

Maryland and Missouri have now joined the other states, with 65.53% and 53.99% of the votes, respectively, in favor of the legalization initiatives.

Incidentally, it is worth mentioning Denton, Elgin, Harker Heights, Killeen, and San Marcos counties in Texas, where measures to legalize and decriminalize [the substance] have also been approved.

The cannabis “green wave” continues to sweep across the United States. And the midterm elections confirmed a trend that has been dominating the country for several years: the relaxation of cannabis laws. In addition to electing officials, several states had to vote on their anti-smoking laws.

Maryland voters approved a constitutional amendment legalizing recreational cannabis. The East Coast state thus becomes the 19th state to take this step. The passage of this amendment does not mean that adults can simply walk into a store and legally purchase cannabis. However, it paves the way for state lawmakers to establish a legal industry.

In Baltimore or the Chesapeake Bay area, adults aged 21 and older will soon be able to smoke a pipe filled with THC, the psychoactive compound in cannabis. Purchased legally. Or, if they feel like Mikołaj Ogrodnik, they can even grow their own crop. In fact, the law allows you to have up to two cannabis plants in your home. While the medical use of cannabis has been legal in Maryland for years, the state took a step forward this year toward decriminalizing recreational use.

There is already a transition period. From January 1 through June 30, possession of a small amount of cannabis—up to 42 g—will be reclassified from a crime to a civil offense carrying a maximum fine of “only” $100. Then, starting July 1, it will be legal for people over the age of 21 to carry the same amount of cannabis in their pockets.

Voters in four other states were set to vote on similar measures. In Arkansas, Missouri, North Dakota, and South Dakota—more conservative regions—the vote served as a test to gauge local support for the “green wave.” And only Missouri will legalize marijuana. Voters in the other three states rejected all legalization bills.

Currently, 19 states—including Colorado, California, and the District of Columbia (Washington, D.C.)—have fully legalized cannabis. In addition, 37 states, including Maryland, have already legalized medical cannabis. In October, Joe Biden announced an upcoming bill that would expunge federal convictions of Americans for cannabis use or possession: “No one should be imprisoned simply for using or possessing cannabis.”

You’ve probably noticed CBD shops popping up all over France recently. The sale of this relaxing cannabis-derived product has been the subject of legal battles. The Court of Justice of the European Union compelled France to clarify the matter, which it did with a highly restrictive decree dated December 30, 2021. The ban on flowers was finally lifted following an application for interim relief filed by hemp industry professionals.

Beyond CBD, the topic of cannabis regularly comes up in French public debate. And one wonders which presidential candidate will take up this issue, which continues to be a source of division in our country. The last time, in 2017, it was Benoît Hamon who championed legalization.

This issue concerns health, public finances, and security alike, and perhaps it is time to take a look at what is happening in the United States.

In fact, the legalization of cannabis began there in the 1990s, before it gained momentum in the 2010s in many states, influencing our discussions and decisions.

The law distinguishes between the use, possession, and sale of cannabis. The user is considered the same as the possessor.

If the police find cannabis on you—even if the amount is very small—it is a criminal offense. The law provides for a penalty of up to 1 year in prison and/or a fine of 3,750 euros (Article 3421-1 of the Public Health Code).

If this is your first offense, the judge will generally order a review of the law. You will therefore be summoned to appear before the judge. The judge may also order that you be referred to a treatment, education, or rehabilitation program (such as a treatment order or a course on the dangers of cannabis, particularly when driving, etc.).

If you sell or give away cannabis, even in very small quantities—even if it is just to “help” a friend—you are liable to a prison sentence of up to 10 years and a fine of 7,500,000 euros (Article 222-37 of the Penal Code).

These penalties are doubled when cannabis is sold to minors.

Regardless of the sentence, a conviction has a significant impact on one's future career, as it is recorded on one's criminal record. This can then prevent access to certain professions (working with children, public service, etc.).

Be careful! Do not drive after using cannabis, even several hours later. The law of February 3, 2003, provides for a penalty of 2 years in prison and a fine of 4,500 euros for driving under the influence of substances or plants classified as narcotics. Furthermore, it is above all your life and the lives of those riding with you in the car that are at risk due to the high likelihood of an accident.

If you are also under the influence of alcohol (0.5 g of alcohol per liter in your blood), the penalties are increased to 3 years in prison and a fine of 9,000 euros. Random checks are conducted by the police and the gendarmerie at the request of the public prosecutor’s office.
 

In France, a growing number of politicians, scientists, sociologists, and economists are advocating for the decriminalization of cannabis. Their main arguments are: better control over product quality, economic benefits, and a more equitable allocation of police and judicial resources in the fight against cannabis trafficking. 

In any case, the debate isn't over yet! What do you think? At our CBD shop, every product is legal and carefully selected to comply with current regulations.