With the rapid expansion of state-by-state medical and adult-use cannabis legalization, it will not be long before the entire U.S. has legal access to cannabis in some form or another. Many attempts to establish federal laws for cannabis have failed in the past, but with support for cannabis increasing, future attempts at cannabis reform may pass. Until then, it is up to the states to establish their own regulatory frameworks and licensing processes.
Although many states have legalized this past year, some states are still holding out. There are still some states where cannabis is considered fully illegal, meaning the state has not established a legal medical or recreational cannabis program and statewide cannabis prohibition remains in effect. Cannabis is still considered fully illegal in Idaho, Kansas, and Nebraska.
Idaho
Despite bordering multiple states with legal cannabis programs, like Oregon and Washington, Idaho has yet to regulate cannabis. Although a previous attempt to legalize cannabis in Idaho failed in 2015, it is possible that another proposal in support of cannabis could make the ballot in 2022. Those in support of cannabis have begun gathering signatures so that the Idaho Medical Marijuana Act can be voted upon next year. Over 65,000 signatures will be needed by April 30, 2022 to implement a medical cannabis program in the state.
Unlike most other state medical cannabis programs, the initiative proposed in Idaho would allow social sharing. This means the state would allow cannabis transactions between consumers as long as it involves fewer than three ounces. While some in the state have expressed concern for this, those in support argue that this is already happening in Idaho due to the statewide prohibition on cannabis and nearby states with legal access.
This attempt to legalize faced opposition from a proposed constitutional amendment that attempted to permanently ban any psychoactive drug, including medical cannabis, not already legal and FDA approved. This amendment would have required the support of the voters, but died in the House in April.
Nebraska
Similarly, attempts to legalize cannabis in 2020 in Nebraska were unsuccessful. The Nebraska Supreme Court ruled that the ballot measure aimed at legalizing the use cannabis was unconstitutional because it violated the state’s single subject format. The measure sought to legalize possession, distribution, and manufacturing, and may have been successful had Nebraska residents been allowed to vote on the measure.
Residents in Nebraska have been unphased by previous failures at cannabis legalization and have proposed another attempt to legalize cannabis through a ballot measure in 2022. Those in support of medical cannabis believe that Nebraska residents will vote in favor of legalizing medical cannabis, they just need the opportunity to vote.
Kansas
Unlike Idaho and Nebraska, citizens in Kansas do not have the option to legalize through voter initiative measure, in which if enough signatures are collected an initiative will be added to the ballot for residents to vote upon.Â
Though Kansas legalized CBD in 2018, legislation focused on legalizing medical cannabis has been repeatedly unsuccessful, including in 2020. Despite these failures, a medical cannabis bill recently passed the Kansas House and awaits a vote in the Senate, though this is not expected until the 2022 session.
Future of Statewide Cannabis Prohibitions
While Idaho, Nebraska, and Kansas attempt to hold out, cannabis legalization is spreading throughout the rest of the U.S. Whether or not these states beat the federal government in legalizing cannabis, it is likely that nation-wide access to cannabis is coming in the near future. These states will not remain fully illegal forever.
How Can Sapphire Risk Help?
Tony Gallo and the team of experts and consultants at Sapphire Risk Advisory Group have worked in 34 states and are ready to work in Idaho, Nebraska, and Kansas when these states legalize. Follow us on social media to stay up to date with more security best practices and cannabis industry updates!
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