Model marijuana and THC policies for the 2027 legislative session
With federal rescheduling underway and the hemp fight moving to the states, the rules state legislatures write now are the guardrails that will apply. These are SAM’s priority recommendations, with draft model language legislative counsel can adapt to any state code.
Updated September 2026. Recommendations follow SAM’s session at SoConCon and the 10th annual Statesmen Academy.
Model bill language for every recommendation. 13 pages, PDF.
Find your state’s track
The hemp fight is moving to the states
Federal law now caps hemp products at 0.4 milligrams of total THC per container, but Congress has already delayed most of the ban once, to December 11, 2026. A state law makes the ban permanent no matter what happens in Washington.
Rescheduling puts states in charge
An April 2026 federal order moved state-licensed medical marijuana to Schedule III and relies heavily on state rules for certifications, labeling, and packaging. A decision on all marijuana is still pending.
Today’s marijuana is a different drug
THC levels in flower have climbed to roughly 20 percent or more in legal markets, and concentrates can exceed 90 percent.
States without legal marijuana
The goal: keep commercial marijuana out and close the hemp back door before an industry builds a customer base.
Ban intoxicating hemp THC at or below the federal limit
Write a total-THC standard into state law, cap hemp products at no more than 0.4 milligrams of total THC per container, and prohibit chemically converted cannabinoids like Delta-8 made from CBD. Back it with registration, civil penalties, and license suspensions.
A state statute makes the ban permanent no matter what Congress does.
Firewall state law from federal rescheduling
Keep marijuana and THC in state Schedule I unless the legislature itself votes to move them.
Many state laws automatically follow federal scheduling changes unless an official objects within a short window.
Stop THC from being shipped or sold into the state
Prohibit delivery of any THC product that is unlawful to sell in the state, and give the attorney general enforcement power over out-of-state sellers and online marketplaces.
A state without a legal market can still end up with one through the mailbox.
Keep medicine in the FDA lane
Support FDA-approved cannabinoid medicines and research, and reject bills allowing smokable marijuana, open-ended condition lists, or unlimited licenses.
FDA approval means a tested dose, verified purity, and proven effectiveness.
Measure harm, fund prevention, and strengthen drugged-driving laws
Require annual reporting on THC-related harms, fund school-based prevention, and make it illegal to drive with any detectable active THC.
Baseline data is the strongest tool legislators have.
States with legal marijuana
SAM’s long-term goal remains ending commercialization, but these reforms reduce harm now and are winnable in a single session. Every Track 2 package should include the Big Three.
Medical programs: measured-dose pills and capsules only. Recreational markets: no vapes, dabbable concentrates, candy-like edibles, or THC beverages.
Set maximum THC in statute, measured as total THC: 10 to 15 percent for flower, no concentrates or vapes, and strict milligram limits on pills and edibles.
Large health warnings and plain, child-resistant packaging on every product, including that the FDA has not approved marijuana for any medical purpose.
More reforms for all legal marijuana states
Crack down on drugged driving
Zero tolerance for active THC, roadside oral fluid testing, and toxicology testing after serious crashes.
Rein in marketing and close the revolving door
Ban billboards, social media, and influencer marketing; guarantee local opt-out; bar officials from ever working for the industry.
Tax heavily and deny write-offs
A high, potency-based excise tax dedicated to prevention, treatment, and enforcement, plus a state version of Section 280E.
Mandate public health reporting
Annual data on THC-related harms and an independent review of the program every four years.
Restore real medical standards
In-person exams, ongoing doctor relationships, no certification for anyone under 21, and public data on certifications.
Stop medical creep
A closed list of conditions set by the legislature, capped licenses, and no conversion of medical licenses to recreational ones.
Why these recommendations matter
Each reform responds to documented harm. Lawmakers can use these findings to build the legislative record.
Daily users of high-potency marijuana had 4.8 times the odds of a psychotic disorder compared with people who never used.
Di Forti et al., The Lancet Psychiatry, 2019
Prevalence of psychotic disorders among California teens in areas that ban storefronts and delivery, compared with teens within five minutes of a store. Teens more than 20 minutes away had 47 percent lower prevalence.
USC and Kaiser Permanente, Substance Use and Misuse, 2025
Adult marijuana users report serious thoughts of suicide at about twice the rate of all adults, 10.7 percent versus 5.0 percent.
SAMHSA, 2023 National Survey on Drug Use and Health
A major review found randomized trials do not support cannabis or cannabinoids for most of the conditions for which they are promoted.
Hsu et al., JAMA, November 2025
Increase in marijuana use disorder among 12- to 17-year-olds in states after recreational legalization.
Cerdá et al., JAMA Psychiatry, 2020
Americans met clinical criteria for marijuana use disorder in 2025, second only to alcohol.
SAMHSA, 2025 National Survey on Drug Use and Health
The toolkit
The full brief includes draft language for each recommendation, written as starting points for legislative counsel. SAM can provide drafting assistance.
Model provisions in the brief
Hemp and rescheduling (all states): intoxicating hemp prohibition; federal rescheduling firewall; impaired driving.
Products and labels (legal states): product-form limits; THC potency limits; mandatory health warnings.
Money and ethics (legal states): excise tax, dedicated revenue, and deduction disallowance; ethics and conflicts of interest; medical license no-conversion clause.
Does your state automatically follow federal rescheduling?
In each of these states, a state official has 30 days to agree with or object to a federal rescheduling decision. If the official objects, a public hearing is held. Officials should object and keep marijuana in the strictest possible schedule, and lawmakers should pass a firewall so the decision stays with the legislature.
Need drafting help or testimony for your state?
SAM’s government affairs team can help.
Contact Jordan Davidson, Director of Government AffairsSee all of SAM’s policy work
