In this blog post, we're taking a deep dive into the current landscape of cannabis legalization for medical and recreational use across the U.S.
To ensure we deliver only the most accurate and up-to-date insights, one of our primary resources is the reputable National Conference of State Legislatures (NCSL). A brief recap for those unfamiliar - the NCSL is a trusted organization established in 1975, encompassing all 50 states, commonwealths, and territories. It's an esteemed bipartisan policy research source, providing invaluable legislative trends information.
Current Number of States with Legalized Medical or Recreational Cannabis
As of April 24, 2023, medical cannabis use has been legalized in 38 states, three territories, and the District of Columbia. On the other hand, non-medical or adult-use cannabis has been regulated in 23 states, two territories, and the District of Columbia. Source: NCSL.org
Get up-to-date on the next states to legalize weed, and take a trip with us across the nation as we explore the future of weed legalization in the United States.
Table of Contents
- Medical and Recreational Marijuana are very profitable
- Federal Legalization and Safe Banking Bills continue to fall short
- Expected States for Recreational Marijuana Legalization in 2023
- Maryland begins adult-use sales
- Delaware to begin adult-use sales in 2024
- Does Minnesota have legal weed yet?
- Pennsylvania marijuana bill introduced
- Ohio gives legal weed another chance
- Possible States for Recreational Marijuana Legalization in 2024
- States Likely to Legalize Medical Cannabis in 2023
- Supporting Evidence for Future Weed Legalization
Medical and Recreational Marijuana are very profitable
Medical and recreational marijuana sales are projected to reach just over $100 billion by the end of 2023, according to MJBizDaily. This number has climbed steadily each year since 2012 as a result of new states opting for weed legalization and adult-use sales almost every subsequent year.
In fact, by the year 2028 recreational marijuana sales could reach as high as $170 billion once even more states pass their own marijuana bills and offer recreational marijuana to adults 21 and over in their respective states.
States like Michigan, who passed their marijuana bill in 2018, have been raking in the dough with astronomical figures like an approximately $325 million in tax revenue garnered in 2022 alone. Robust sales figures like these testify to the profitability and demand for some form of legalized weed by a majority of folks in this country.
Federal Legalization and Safe Banking Bills continue to fall short
Meanwhile, both houses of Congress and the federal government continue to fall way short of public demand by continually failing to pass federal legalization.
Even the ability to accept electronic payments and safely deposit large cash sums with an FDIC safety net still eludes legal weed dispensary businesses. Proposed safe banking bills have continued to lack the full support of Congress several times over the last few years.
Expected States for Recreational Marijuana Legalization in 2023
2023 is no different for continued weed legalization for many other states that haven’t yet passed any recreational marijuana measures.
Maryland begins adult-use sales
As a result of a statewide ballot initiative that passed in 2022, Maryland is now the most recent state to enact its own adult-use recreational marijuana program. Maryland passed legislation in May 2023, and officially began sales July 1, 2023. Cannabis possession in small amounts up to 1.5 ounces is legal per person as well as home cultivation of 2 cannabis plants.
Dual licenses for adult-use sales were issued to almost 100 medical marijuana facilities that already existed in the state, marking a speedy start to Maryland’s program. More licenses will continue to be granted to additional storefronts, while social equity applicants will be prioritized according to Governor Wes Moore, the state’s first African-American governor.
Delaware to begin adult-use sales in 2024
Just recently as April of 2023, the state of Delaware passed their own legalization and regulatory marijuana bills that aim to begin adult-use legal weed sales sometime in 2024. In the meantime, Delaware residents are also now able to enjoy the freedoms of personal cannabis possession and usage without fear of consequences from law enforcement.
Does Minnesota have legal weed yet?
Effective August 1, 2023, Minnesota became the 23rd U.S. State to legalize cannabis for recreational purposes for adults 21 and over. Cannabis possession up to two ounces, along with home grow of up to 8 plants in total are already legal. The Minnesota Office of Cannabis Management hopes to get their legal weed adult-use program up and running in the next year to year-and-a-half.
Pennsylvania marijuana bill introduced
A marijuana bill in the Commonwealth of Pennsylvania was introduced in early May 2023 by its many co-sponsors in the state legislature. The proposal would permit “possession, consumption, cultivation, and purchase of cannabis” by adults 21 years of age or older.
This bill has mapped out a path forward for adult-use recreational marijuana sales in Pennsylvania to mirror the state store system that provides adults 21 and over in PA with access to retail liquor sales. The current medical marijuana program in PA is operated by dispensary locations throughout the state.
Josh Shapiro, the first-term governor of Pennsylvania, has already come out in favor of an adult-use marijuana bill in his state.
Ohio gives legal weed another chance
Residents of Ohio–affectionately known as Buckeyes–have previously attempted to pass marijuana ballot initiatives during earlier election cycles, and it looks like November 2023 will most likely be no different.
As a result of inaction by the Ohio state legislature, an activist-led effort is now collecting enough signatures to place another weed legalization bill for the state on the ballot in November 2023.
It’s then again up to Buckeye voters to join the party as the next state to legalize weed, along with home grow provisions. This specific adult-use proposal aims to use a 10% tax rate on recreational marijuana dispensary sales in order to fund administrative costs, addiction treatment centers, municipalities that incorporate dispensaries, and social equity and work resources.
Possible States for Recreational Marijuana Legalization in 2024
2024 brings about another big election cycle here in the United States. As Americans get out to the polls to choose who will be the POTUS, others will also be making their own history as the next state to legalize weed.
Florida
After completing the required signature collection portion of their efforts, legal weed activists known as Safe & Smart Florida are close to getting the Florida state supreme court to approve their adult-use initiative. If the state supreme court is able to determine that the initiative holds water, the proposal will then be placed on the ballot for Floridians to vote on in November of 2024. In addition, at least 14 of 28 districts in the state will also need to approve of the initiative to get it on the ballot. Safe & Smart claims to have secured 14 thus far.
It’s worth noting that the Safe & Smart ballot initiative does not include any home grow provisions for residents of the state. Medical marijuana is also currently legal and available in Florida.
Texas
As a true sign of the changing times, conservative-leaning states like Texas are even looking to possibly get in on weed legalization.
After passing a decriminalization bill in the Texas House of Representatives recently–one that is most likely to be vetoed by the Lt. Governor–Texas lawmakers are kicking the tires regarding a recreational marijuana program in the Lone Star State. This includes, HB 3652, a bill not expected to pass, but has managed to create a more “open-to-discussion” environment among the rank-and-file of the Texas legislature.
The fact that Texas is even having hearings on the subject of legal weed is very promising. Countless cannabis consumers in Texas often just utilize the black markets, or drive to surrounding legalized states like New Mexico or Colorado to stock up on recreational marijuana products.
Georgia
Now that legal weed has been normalized in so many places across the U.S., it’s a reminder that anything is possible when it comes to weed legalization.
According to a 2023 Atlanta Journal-Constitution poll that surveyed 860 registered Georgia voters, approximately 53% are in favor of legal medical and recreational marijuana in Georgia. This is a significant shift since 2017 with just 46% of voters in favor at that time.
Georgia already has a medical marijuana program, however it is currently one of the most restrictive in the country.
House Bill 338 seeks to decriminalize small possession limits of cannabis in Georgia as well. Perhaps the will of public opinion in Georgia can influence state lawmakers to go a step further with an adult-use ballot initiative in 2024?
Arkansas
An amendment to the Arkansas state constitution has been proposed to establish recreational marijuana and home cultivation cannabis programs. The hope is to get ahead of the curve of special interests that some lawmakers think will at some point eventually be successful in establishing their own incentive-rich versions of an adult-use marijuana bill.
Missouri–Arkansas’s neighbor to the north has established a successful adult-use program that has already seen sales skyrocket since debuting in December 2022. A domino-like effect of states with legal weed across this region of the country is of course the hope.
New Hampshire
Despite failed efforts of New Hampshire state senators to pass several weed legalization laws, there is still hope for future sessions of the legislature. Governor Sununu–previously and staunchly opposed to legal weed–has now come out in favor of a state-run store model for any future legislation seeking to make weed legal.
Sununu recently mentioned the inevitability of legalization since all neighboring states have already passed adult-use initiatives.
States Likely to Legalize Medical Cannabis in 2023
Idaho
Surrounded by several neighboring states that have already established adult-use and medical marijuana programs, Idaho is finally ready to start discussing cannabis for medicinal purposes.
This is especially important since Idaho is the only state out of all 50 that does not allow for any form of medical cannabis whatsoever, including low-THC oil tinctures for terminal patients.
A bill calling for “criminal and civil protections for patients using cannabis for debilitating health purposes” via dispensaries in Idaho has been introduced. If the bill fails it’s still important for establishing debate among the state legislature, during which a good sample size of Idahoans are for medicinal weed legalization.
South Carolina
In another state-wide consensus, a poll conducted by Winthrop University in South Carolina also found that a majority (54%) of adults in that state are in favor of both medical and recreational marijuana programs. A whopping 78% said they were in favor of medical weed legalization exclusively.
Efforts to pass two marijuana bills through the state legislature have stalled from various reasons including lack of current support. However, there is still hope subcommittees will take up the bill for discussion in 2024.
Two state-wide decriminalization bills are also currently awaiting review by committee in the goal to at least bring about some pro-cannabis legislation the people of South Carolina are very favorably in support of.
Supporting Evidence for Future Weed Legalization
The demand for federal and continued state-wide weed legalization didn’t just materialize out of nowhere. There are several important factors that continue to drive the debate and activism in support of patients and adults across the nation being able to safely access cannabis without fear of law enforcement.
Public opinion supports weed legalization
Courtesy of Pew Research Center survey from mid-October 2022, a staggering 88% (58% for recreational marijuana, 30% for medical cannabis only) total of adults in the U.S. are in favor of weed legalization.
A separate Gallup poll from around the same period of time last year indicates that 68% of Americans are in favor of legal weed. These findings also uncovered some interesting demographic tidbits. Younger adults are certainly more inclined to support legal weed, while older adults are more hesitant to support overall recreational marjuana access.
Social justice and racial disparities are of course driving factors in public opinion discourse as well. Incarceration rates are still high for possession of cannabis in many states across the country that have still not amended their laws to adjust for changing times.
Patient Need
There’s currently a significant lack of funding for extensive federal research into the therapeutic effects of cannabis. So many cannabinoids are awaiting further research to unlock benefits we have only begun to scratch the surface of.
Plenty of independent studies have discovered the potential therapeutic benefits of cannabis, including an extensive recent study by the American Medical Association that concluded “marijuana is associated with significant and sustained health improvements.” The findings also found that non-cancer chronic pain is the most prescribed condition for cannabis usage, followed by cancer, insomnia, and anxiety.
By continuing to prevent patients in need with safe, affordable access to legal weed products that have shown to improve quality-of-life conditions, legislators force many into despair regarding their conditions. On top of that, opiates that have obviously created an epidemic in the U.S. still continue to be legally prescribed in lieu of a safer alternative such as legal weed.
Economic Benefits
Economic growth and job creation are just two positive side effects to legalizing marijuana. Projections as recently as January 2022 by Leafly estimated 428,059 jobs for the legal weed industry at that time. As more states continue to roll-out expanded adult-use programs, these numbers will continue their trend of large increases each year.
For perspective, a study by the Marijuana Policy Group estimates around 10,000 new jobs can be created in Idaho after medical marijuana is potentially legalized.
Not to mention the money that is then reinvested into communities and the state as a result. The study also sees around $100 million in tax revenue each year.
Add that to the mix of the already projected $100 billion expected to be netted in medical and recreational marijuana sales in 2023, and it’s a no-brainer that removing federal prohibition of legal weed can be a prosperous move for the entire nation for a multitude of sensible reasons.