Proposed Limits on Legal Marijuana Keypoints

Summary of key points in bills filed by Sen. Jason Lewis and Rep. Hannah Kane. House and Senate leaders have filed dozens of bills that would make major changes in the recreational marijuana law. [source]

  • Possession: It is currently legal to have up to 1 ounce of marijuana in public and up to 10 ounces at home. Bills filed by Lewis and Kane would keep the public cap of up to 1 ounce, but at home, the limit would drop from 10 ounces to to 2 ounces.
  • Home growing: It is currently legal to grow up to six plants as an individual with a limit of 12 per household. The bills would cut the total allowed in one home to six plants.
  • Sales: The original law said sales could begin on Jan. 1, 2018. The Legislature has already delayed that start date to July 2018. The new legislation proposes a further two year moratorium on the manufacture and sale of edibles and concentrates. The sale of buds or flower could still begin in July 2018.
  • Local control: The current law says municipalities must allow marijuana stores unless voters pass a referendum that bans local sales. The proposed change would let members of a city or town council — or voters at a town meetings — approve a ban without holding a special election.
  • Cannabis Control Commission (CCC): The CCC is a three member body under the current law, appointed by and under the oversight of the state treasurer. Lewis and Kane would make the CCC a five member independent entity, similar to the Gaming Commission.
  • Drugged driving: The proposal is to add language that would require drivers suspected of driving under the influence to submit to field sobriety tests or face arrest. In addition, legislation says the state should look into setting a THC threshold for impairment, similar to the 0.08 standard for alcohol.
  • Taxes: There seems to be widespread agreement that the Legislature will increase the 3.75 percent excise tax on marijuana included in the ballot question. Legislators filed a number of bills on this topic, several of which call for more study of an appropriate rate. Lawmakers say there is disagreement about whether the state should make money off the sale of marijuana or just cover the costs of implementing and studying the effects of the law.
  • Clear records: Lewis' bill says anyone arrested or fined for less than 1 ounce could petition the court to have their record expunged.