Where marijuana is legal in the
United States updated
[]
This content has been fact checked and is up to date as of .
While the legalization of medical marijuana is a significant step, it’s important to understand the products it encompasses. CBD oil, a non-psychoactive extract from the cannabis plant, has become widely used for various medical conditions without the high associated with THC. Laws around products containing THC, the psychoactive component of cannabis, vary by state, with some allowing higher THC content for medicinal use. Understanding the distinction and regulations of CBD oil and THC content is critical for users and healthcare providers alike.
The legalization of marijuana has given rise to a burgeoning cannabis industry, encompassing a wide range of products from raw flower to edibles and concentrates. This sector has become a significant economic force, creating jobs and generating tax revenue. Understanding the scope and regulation of cannabis products is essential for consumers and businesses participating in this market.
U.S. legal marijuana states map updated []
U.S. marijuana legalization by year
State | Legal Status | Recreational | Medical | De- criminalized | State Laws official website | State Laws | ||
---|---|---|---|---|---|---|---|---|
Legal | Year legalized | Legal | Year legalized | |||||
Alabama | Mixed | No | Yes | 2021 | No | View State Laws | ||
Alaska | Fully Legal | Yes | 2014 | Yes | 1998 | Yes | View State Laws | View State Laws |
Arizona | Fully Legal | Yes | 2020 | Yes | 2010 | Yes | View State Laws | View State Laws |
Arkansas | Mixed | No | Yes | 2016 | No | View State Laws | ||
California | Fully Legal | Yes | 2016 | Yes | 1996 | Yes | View State Laws | View State Laws |
Colorado | Fully Legal | Yes | 2012 | Yes | 2000 | Yes | View State Laws | View State Laws |
Connecticut | Fully Legal | Yes | 2021 | Yes | 2012 | Yes | View State Laws | |
Delaware | Fully Legal | Yes | 2023 | Yes | 2011 | Yes | View State Laws | |
District of Columbia | Fully Legal | Yes | 2015 | Yes | 2011 | Yes | View State Laws | |
Florida | Mixed | No | Yes | 2016 | No | View State Laws | View State Laws | |
Georgia | Mixed | No | CBD Oil Only | 2015 | No | View State Laws | ||
Hawaii | Mixed | No | Yes | 2000 | Yes | View State Laws | ||
Idaho | Fully Illegal | No | No | No | View State Laws | |||
Illinois | Fully Legal | Yes | 2019 | Yes | 2013 | Yes | View State Laws | |
Indiana | Mixed | No | CBD Oil Only | No | View State Laws | |||
Iowa | Mixed | No | CBD Oil Only | 2017 | No | View State Laws | ||
Kansas | Fully Illegal | No | No | No | View State Laws | |||
Kentucky | Mixed | No | CBD Oil Only* | 2023 | No | View State Laws | ||
Louisiana | Mixed | No | Yes | 2015 | Yes | View State Laws | ||
Maine | Fully Legal | Yes | 2016 | Yes | 1999 | Yes | View State Laws | View State Laws |
Maryland | Fully Legal | Yes | 2022 | Yes | 2013 | Yes | View State Laws | View State Laws |
Massachusetts | Fully Legal | Yes | 2016 | Yes | 2012 | Yes | View State Laws | View State Laws |
Michigan | Fully Legal | Yes | 2018 | Yes | 2008 | Yes | View State Laws | View State Laws |
Minnesota | Fully Legal | Yes | 2023 | Yes | 2014 | Yes | View State Laws | |
Mississippi | Mixed | No | Yes | 2022 | Yes | View State Laws | View State Laws | |
Missouri | Fully Legal | Yes | 2022 | Yes | 2018 | Yes | View State Laws | View State Laws |
Montana | Fully Legal | Yes | 2020 | Yes | 2004 | Yes | View State Laws | View State Laws |
Nebraska | Fully Illegal | No | No | Yes | View State Laws | |||
Nevada | Fully Legal | Yes | 2016 | Yes | 1998 | Yes | View State Laws | View State Laws |
New Hampshire | Mixed | No | Yes | 2013 | Yes | View State Laws | ||
New Jersey | Fully Legal | Yes | 2020 | Yes | 2010 | Yes | View State Laws | View State Laws |
New Mexico | Fully Legal | Yes | 2021 | Yes | 2007 | Yes | View State Laws | View State Laws |
New York | Fully Legal | Yes | 2021 | Yes | 2014 | Yes | View State Laws | View State Laws |
North Carolina | Fully Illegal | No | No | Yes | View State Laws | |||
North Dakota | Mixed | No | Yes | 2016 | Yes | View State Laws | ||
Ohio | Fully Legal | Yes | 2023 | Yes | 2016 | Yes | View State Laws | View State Laws |
Oklahoma | Mixed | No | Yes | 2018 | No | View State Laws | View State Laws | |
Oregon | Fully Legal | Yes | 2014 | Yes | 1998 | Yes | View State Laws | View State Laws |
Pennsylvania | Mixed | No | Yes | 2016 | No | View State Laws | ||
Rhode Island | Fully Legal | Yes | 2022 | Yes | 2006 | Yes | View State Laws | |
South Carolina | Fully Illegal | No | No | No | View State Laws | |||
South Dakota | Mixed | No | Yes | 2020 | No | View State Laws | View State Laws | |
Tennessee | Mixed | No | CBD Oil Only | No | View State Laws | |||
Texas | Mixed | No | CBD Oil Only | No | View State Laws | |||
Utah | Mixed | No | Yes | 2018 | No | View State Laws | ||
Vermont | Fully Legal | Yes | 2020 | Yes | 2004 | Yes | View State Laws | View State Laws |
Virginia | Fully Legal | Yes | 2021 | Yes | 2020 | Yes | View State Laws | |
Washington | Fully Legal | Yes | 2012 | Yes | 1998 | Yes | View State Laws | |
West Virginia | Mixed | No | Yes | 2017 | No | View State Laws | View State Laws | |
Wisconsin | Mixed | No | CBD Oil Only | No | View State Laws | |||
Wyoming | Fully Illegal | No | No | No | View State Laws |
State status reflects current laws at the time of update, not pending legislation or future dates upon which marijuana becomes available medicinally or recreationally. States with legislation that has passed but has a future enactment date will be marked with an asterisk *.
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All of these conflicting laws and regulations can be confusing, so here’s a detailed breakdown of the marijuana laws of each state:
Alaska
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
Alaska embraces the green wave, welcoming both medical and recreational marijuana use for adults 21 and over. Whether seeking relief or relaxation, you can legally possess and consume cannabis within the state’s private bounds. However, puffing in public will set you back $100, so keep it private!
Homegrown enthusiasts can cultivate up to six plants (three mature) for personal enjoyment. Tourists flock to Alaska’s thriving cannabis scene, contributing over $1 million in tax revenue last year. Recreational stores offer various strains, with grams averaging around $20.
The journey began in 2014 with Ballot Measure 2, securing legal access for responsible adults with 53% of the vote. You can possess up to an ounce of usable marijuana, six plants (three mature), or one ounce of hash/concentrates. Embrace the Alaskan spirit responsibly!
This combined version retains the key information while condensing and streamlining the text. It also adds a bit of personality and local context, making it more engaging for readers.
Arizona
Medical use: Legal
Recreational use: Illegal
Decriminalized: Yes
In 2020, the Smart and Safe Arizona Act (Prop 207) was legalized with 59.95% of votes, allowing the possession of 1 oz usable marijuana, cultivation of 6 plants, and up to 5 g of hash/concentrates. While medical marijuana thrives in Arizona with over 100 dispensaries, non-medical use possession of up to 2 lbs remains a Class 6 felony, carrying potential penalties of up to 1.5 years of incarceration and fines reaching $150,000. To purchase, one must be an Arizona resident with a medical marijuana card.
Despite previous setbacks, ongoing government initiatives and petitions for marijuana legalization in Arizona suggest a high possibility of recreational use being legalized in the near future.
Arkansas
Medical use: Legal
Recreational use: Illegal
Decriminalized: No
Despite medical marijuana being legalized in Arkansas in 2016, the state has undergone huge difficulties in approving and opening dispensaries.
The government has put dispensary review on hold, meaning that patients may have to wait a while before being able to purchase medical marijuana.
Possession of up to 4 oz. of marijuana without a medical card is a Class A misdemeanor punishable by up to year of incarceration or $2,500 fine. Possession of drug paraphernalia is also illegal, and if you are caught with growing equipment you could face up to six years in prison.
California
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
Legalized in 2016 by Proposition 64 with 57% of votes, California has emerged as one of the most progressive states for marijuana laws. This proposition allows the possession of 1 oz of usable marijuana, cultivation of 6 plants, and up to 8 g of hash/concentrates.
The state’s marijuana journey began in 1996 with the legalization of medical marijuana, and in 2016, recreational use was also approved. Since January 2018, recreational marijuana stores have been serving adults aged 21 and over, who can also grow up to six plants.
California’s cannabis market is projected to surpass $5 billion by 2019, making it an appealing location for those interested in opening a marijuana store. For individuals aged 21 or over, the legal limits include possession of up to 28.5 grams of cannabis or up to 8 grams of concentrated cannabis.
Colorado
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
Legalized in 2012 by Amendment 64 with 55% of votes, Colorado was the pioneering state in recreational marijuana legalization. This move has proven highly beneficial, as the state now generates $105 million in tax revenue from marijuana sales. This revenue is being utilized to address homelessness, combat drug addiction, and support mental health programs.
In Colorado, anyone aged 21 or over can purchase up to 1 ounce of marijuana from various retail stores, attracting weed tourists with grams as low as $12 and ounces for $150. Residents can also obtain medical marijuana with a state red card, provided they have a doctor’s recommendation. The legislation allows for the possession of 1 oz of usable marijuana, cultivation of 6 plants (with no more than 3 mature), and possession of 1 oz of hash/concentrates.
Connecticut
Medical use: Legal
Recreational use: Decriminalized
Decriminalized: Yes
Connecticut residents with a medical marijuana certificate can typically acquire up to 2.5 ounces per month, obtainable from physicians for conditions like cancer, HIV/AIDS, glaucoma, and PTSD. Medical marijuana certificates are also accessible to patients under 18 through their parents or caregiver, though minors face stricter limits.
Although recreational use remains illegal, the state made strides in 2021 with the passage of SB 1201. This legislation permits the possession of 1.5 ounces of usable marijuana, cultivation of 6 plants (with no more than 3 mature starting July 2023), and possession of up to 7.5 grams of concentrates (equivalent to 750 mg of THC) or up to 25 grams of concentrates (equivalent to 2,500 mg of THC) in a locked container.
In Connecticut, possessing less than half an ounce for recreational use results in a civil penalty and sometimes a small fine.
Delaware
Medical use: Legal
Recreational use: Illegal
Decriminalized: Yes
In Delaware, medical marijuana is legally accessible to patients with a doctor’s recommendation, and dispensaries, all cultivating their own marijuana, serve as outlets for these patients. Medical marijuana patients in the state are permitted to possess up to six ounces of marijuana.
For non-patients in Delaware, possession is partially decriminalized. Having an ounce or less incurs a civil penalty with a maximum fine of $500. Possession of anything between an ounce and 175 grams may lead to a 3-month incarceration, with more severe penalties for those carrying larger amounts.
The legislative landscape shifted in 2023 with the passage of House Bill 1 and House Bill 2, legalizing recreational use. This legislation allows individuals in Delaware to possess up to 1 ounce of usable marijuana, 12 grams or less of concentrated cannabis, or cannabis products. Efforts to legalize marijuana for recreational use in Delaware are actively underway, indicating the potential for further changes in the near future.
Florida
Medical use: Legal
Recreational use: Illegal
Decriminalized: No
Florida legalized medical marijuana in 2016, although medical marijuana usage was plagued by complex laws. While patients only used to be permitted to consume vaporizable marijuana, it is now legal for Florida patients to smoke medical marijuana.
Recreational use is still illegal and possession of 20 grams or less is punishable by up to a year’s imprisonment and fines of $1,000. This quadruples for possession of over 20 grams.
Efforts to decriminalize and legalize recreational marijuana use in Florida have largely fallen short, with no upcoming government initiatives to change these laws.
Georgia
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
Medical marijuana patients in Georgia are only permitted to use CBD oil up to 5% THC by weight. While initially only available to epilepsy patients, a recent law passed has expanded the state’s medical marijuana program to include other ailments such as AIDs, Alzheimer’s disease, autism, and Tourette’s syndrome.
Recreational use is still illegal in Georgia with the possession of an ounce or less resulting in up to a year’s incarceration or $1,000 fine.
Hawaii
Medical use: Legal
Recreational use: Illegal
Decriminalized: Yes
Hawaii patients with a range of conditions are able to get a 329 Registration Card with the Medical Cannabis Registry. Patients with registration cards can purchase marijuana from dispensaries as well as cultivate up to seven plants. Medical cannabis
patients are able to possess up to four ounces.
Non-patients caught with less than an ounce of marijuana could face a $1,000 fine and up to 30 days in jail.
Hawaii lawmakers are currently in the process of creating a program to allow out-of-state medical marijuana patients to purchase marijuana from Hawaii dispensaries.
Idaho
Medical use: Illegal
Recreational use: Illegal
Decriminalized: No
Those looking to smoke marijuana in Idaho are likely to be disappointed. Laws are still far behind, with both medical and recreational use still being illegal. Efforts to legalize the use of CBD oil for patients with certain conditions have also failed.
Possession of up to 3 ounces is a misdemeanor punishable by a year’s incarceration and fines of up to $1,000. Any more than that amount can result in a felony and significantly harsher punishments.
Illinois
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
In 2019, Illinois took a significant step by legalizing marijuana through House Bill 1438. This legislation allows individuals to possess 1 ounce of usable marijuana and up to 5 grams of hash/concentrates. Following this, on January 1st, 2020, the state further decriminalized marijuana and extended recreational legality to anyone over 21 years old.
Now, in Illinois, individuals with a valid ID can easily enter a recreational dispensary and purchase marijuana. This dual approach—decriminalization and recreational legalization—reflects the state’s progressive stance on marijuana regulation.
Indiana
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
For the most part, marijuana is still illegal in Indiana, both for medical and recreational purposes. Thanks to a recent bill passed, CBD oil is now legal for everybody in Indiana providing it’s labeled as under 0.3% THC.
Possession of any amount of marijuana is a misdemeanor in Indiana with punishments of up to 180 days incarceration and a maximum fine of $1,000.
With no upcoming initiatives to change marijuana laws in Indiana, it may be a while before we see legalization in the Hoosier state.
Iowa
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
While Iowa patients are able to get a medical marijuana card, they’re only permitted to use CBD oil up to 3% THC and 32 ounces. With limited cards issued and a small number of dispensaries opened, medical use of cannabis in Iowa is still very limited.
Possession of any amount of marijuana less than 50 kg (excluding CBD oil) can result in up to a 6-month sentence and $1,000 fine. Larger amounts and multiple offenses will result in more severe consequences.
Kansas
Medical use: Illegal
Recreational use: Illegal
Decriminalized: No
Kansas still has strict laws against cannabis. Possession of any amount for either medical or recreational purposes can lead to 6 months incarceration and a $1,000 fine.
CBD oil for medical purposes may be approved in the Kansas legislature within this year. Other forms of medical marijuana and full legalization still seem a long way off.
Kentucky
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
Kentucky has a law exempting CBD oil from being defined as marijuana, meaning that while medical marijuana is still illegal, patients with conditions such as epilepsy are able to obtain and use any amount of CBD oil.
Possession laws are slightly less harsh in Kentucky, but possession of up to 8 ounces of cannabis is punishable by a maximum sentence of 45 days and fines of up to $250.
Louisiana
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: Yes
Medical marijuana use is limited to CBD oil for patients with a range of conditions. The sale or possession of any form of smokable marijuana is still prohibited in Louisiana.
Recreational use is still illegal and punishable by up to 15 days incarceration and fines of up to $300. Punishments get significantly stricter for possession of 2.5 lbs or more, with a minimum of 2 years imprisonment and $10,000 fines.
There are no upcoming initiatives to change marijuana laws in Louisiana this year.
Maine
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
In Maine, marijuana enjoys legal status for both recreational and medical purposes, a result of the 2016 legalization through Question 1 with 50% of votes. Adults aged 21 or older can possess up to 2.5 ounces of marijuana and are permitted to grow and gift up to seven plants at a time. For medical users, obtaining cannabis is possible through various dispensaries associated with a medical marijuana club.
While public smoking can lead to a $100 fine in Maine, residents have the freedom to smoke in private spaces and state-licensed clubs. Non-medical users, eager to access marijuana for recreational purposes, may soon find relief as recreational stores are anticipated to open within the current year. The state’s approach reflects a balanced regulation catering to both medical and recreational marijuana users.
Maryland
Medical use: Legal
Recreational use: Decriminalized
Decriminalized: Yes
In Maryland, individuals with various medical conditions can obtain approval for medical marijuana, allowing them to possess a month’s supply, approximately 4 ounces. The state’s medical marijuana system is expanding, with additional dispensaries expected to open this year, enhancing accessibility for patients.
For regular marijuana use, Maryland has adopted a partially decriminalized approach. Possession of up to 10 grams is considered a civil offense, carrying a fine of up to $100. However, possession of 10 grams or more is classified as a misdemeanor, potentially resulting in a year of incarceration and a fine of up to $1,000. Stricter penalties apply for the possession of 50 lbs.
In 2022, Maryland further evolved its stance on marijuana through the legalization of recreational use via Maryland Question 4 (Marijuana Legalization Amendment). With an impressive 66.88% of votes, this legislation permits individuals to possess 1.5 ounces of usable marijuana, cultivate up to 2 plants for personal use, and possess up to 12 grams of cannabis concentrates. Maryland’s comprehensive approach caters to both medical and recreational users while reflecting evolving attitudes toward marijuana legalization.
Massachusetts
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
In Massachusetts, the landscape for marijuana use has evolved on both medical and recreational fronts. Medical marijuana use was legalized in 2012, enabling patients aged 18 and older to obtain a physician’s recommendation for specific debilitating conditions. With a medical marijuana prescription, patients can purchase up to a 60-day supply, amounting to a maximum of 10 ounces, from a licensed dispensary.
Recreational use for adults aged 21 or over was legalized in 2016 through Question 4, securing 54% of the votes. Although recreational marijuana stores had not opened immediately, the anticipation grew, and sales were expected to commence by July 1st.
Additionally, adults in Massachusetts aged 21 or over are permitted to cultivate up to 6 plants, with a restriction of no more than 3 flowering at a given time.
This dual legalization approach, catering to both medical and recreational users, reflects the state’s progressive stance on marijuana regulation and accessibility.
Michigan
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
In Michigan, medical marijuana patients with a doctor’s recommendation are authorized to purchase up to 2.5 ounces of flower from dispensaries.
Additionally, these patients have the privilege of cultivating up to 12 plants for their medicinal needs.
The cannabis landscape in Michigan might soon undergo further transformation, as residents are set to vote on pot legalization in the upcoming November. If the initiative gains approval, Michigan would become the first Midwestern state to legalize marijuana for recreational purposes. The proposal grants local governments the authority to decide whether the sale of marijuana is permitted within their jurisdiction.
Michigan’s progressive approach to marijuana regulation was evident in the 2018 legalization by Proposal 1, which secured 56% of the votes. This legislation allows individuals to possess 2.5 ounces of usable marijuana, cultivate up to 12 plants, and possess up to 15 grams of concentrates. The potential for further legalization in the state highlights changing attitudes towards cannabis use.
Minnesota
Medical use: Legal
Recreational use: Decriminalized
Decriminalized: Yes
In Minnesota, patients with certain medical conditions are permitted to possess a month’s supply of medical marijuana. The state boasts eight medical cannabis centers, exclusively offering non-plant products to patients.
Minnesota has adopted relatively lenient laws concerning marijuana use, where possession of anything less than 42.5 grams is likely to result in a drug education program and a fine of up to $200.
Furthermore, the state underwent legalization changes in 2023 through HF100, allowing for the possession of 2 ounces of usable marijuana in public, 2 pounds of usable marijuana at home, cultivation of 8 plants (with no more than 4 mature), and possession of up to 800 mg of THC in edibles and 8 grams of concentrate. This signifies a broader acceptance of marijuana use in various forms, reflecting evolving attitudes towards cannabis regulation in Minnesota.
Mississippi
Medical use: Limited to CBD oil
Recreational use: Decriminalized
Decriminalized: Yes
Mississippi’s medical marijuana provisions only allow patients to use CBD oil, obtainable from two state universities. Currently, only patients with epilepsy are approved.
Marijuana use is decriminalized in Mississippi and possession of 30 grams or less will only result in a fine of up to $250. However, repeat offenses will result in a misdemeanor and the possession of anything over 30 grams is a felony.
Missouri
Medical use: Legal
Recreational use: Illegal
Decriminalized: Yes
In Missouri, products with up to 0.3% THC and 5% CBD are exclusively permitted for patients with epilepsy. However, the landscape may soon change as there is a bill in progress that could legalize medical marijuana for patients with terminal illnesses, allowing them to possess and consume smokeless marijuana.
Currently, possession of marijuana in Missouri is considered a Class A misdemeanor, carrying a penalty of up to a year’s incarceration and a fine of $1,000. In December 2018, Missouri took a step towards marijuana reform by passing a bill to legalize medical marijuana.
Further advancements were made in 2022 through Amendment 3, which legalized the possession of up to 3 ounces of usable marijuana, cultivation of up to 6 flowering plants, 6 immature plants, and 6 plants under 14 inches for personal use. This indicates a shift towards more comprehensive marijuana legalization in Missouri, providing greater access to individuals for both medical and recreational purposes.
Montana
Medical use: Legal
Recreational use: Illegal
Decriminalized: Yes
In Montana, patients holding a Medical Card have the legal allowance to possess up to an ounce of weed, obtainable from Montana dispensaries. Additionally, medical marijuana patients are permitted to cultivate up to 12 plants, with 4 mature plants allowed at any given time.
However, recreational use remains illegal, and individuals found in possession of cannabis without a Medical Card may face consequences such as 6 months of incarceration and a $500 fine.
As of now, there is no active legislation in Montana aimed at changing marijuana laws. The current legal landscape reflects the 2020 legalization through Initiative I-190 (56.89%) and CI-118 (57.82%), allowing individuals to possess 1 ounce of usable marijuana, cultivate up to 4 mature plants, and possess up to 8 grams of hash/concentrates. Montana’s marijuana regulations currently cater primarily to medical use, with limited allowances for recreational possession and cultivation.
Nebraska
Medical use: Illegal
Recreational use: Decriminalized
Decriminalized: Yes
Marijuana is illegal in all forms in Nebraska- legislation to legalize it has been shot down in the past, and the governor is notoriously anti-marijuana.
There is a Nebraska Marijuana Decriminalization Initiative that may appear on the ballot for November 2018 if enough signatures are gathered.
The possession of small amounts of marijuana has been decriminalized in Nebraska- having one ounce will only result in a citation and a small fine. Multiple offenses can carry harsher punishments, and possession of anything over an ounce is a felony.
Nevada
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
In Nevada, the recreational use of marijuana was legalized in 2017, allowing anyone 21 years of age or older to possess up to an ounce of marijuana.
Additionally, medical marijuana patients have the right to cultivate up to six plants, provided they are located more than 25 miles away from a dispensary.
Marijuana stores are abundant in cities like Reno and Las Vegas, offering the opportunity to purchase a gram for an average price ranging from $12 to $20.
Nevada enforces stricter DUI laws compared to most states, with driving under the influence occurring at 2 Nanograms of THC per mL of blood (as opposed to the typical 5), potentially resulting in a DUI charge.
The initial push towards marijuana legalization in Nevada occurred in 2016 through Question 2, which secured 54% of the votes. This legislation allows individuals to possess 1 ounce of usable marijuana, cultivate up to 6 plants, and possess up to 3.5 grams of hash/concentrates. The comprehensive approach in Nevada reflects the state’s commitment to both medical and recreational marijuana users.
New Hampshire
Medical use: Legal
Recreational use: Illegal
Decriminalized: Yes
Medical marijuana is available for patients for a wide variety of symptoms under the Therapeutic Cannabis Program in New Hampshire. Patients can possess up to two ounces of cannabis from New Hampshire dispensaries.
Marijuana possession has been partly decriminalized in New Hampshire- possession of up to ¾ of an ounce will only result in a maximum fine of $100. Anything over is a misdemeanor with harsher punishments including a year’s incarceration.
New Jersey
Medical use: Legal
Recreational use: Illegal
Decriminalized: Yes
In New Jersey, medical marijuana patients have the legal authorization to possess up to two ounces of marijuana per month. However, for non-patients, possession of marijuana remains illegal and is punishable by 6 months of incarceration and fines reaching up to $1,000.
Current efforts are underway to bring about changes to marijuana laws in New Jersey. A recent bill introduced by a state senator aims to address both medical and recreational marijuana. If this bill were to become law, it would lead to the opening of many more dispensaries, the legalization of recreational pot, and the establishment of public smoking lounges in New Jersey.
The state took a significant step towards marijuana reform in 2020 with the passage of the New Jersey Marijuana Legalization Amendment, securing an impressive 66.88% of votes. This amendment allows individuals in New Jersey to possess up to 1 ounce of usable marijuana, reflecting a shift in attitudes towards more expansive marijuana legalization in the state.
New Mexico
Medical use: Legal
Recreational use: Illegal
Decriminalized: Yes
In New Mexico, the legalization of medical marijuana dates back to 2007, allowing patients to purchase up to eight ounces of medical cannabis from various state dispensaries. Medical marijuana patients in the state also have the option to cultivate up to 16 plants, with the caveat that only 4 can be mature at a given time. Medical cards are obtainable for a range of conditions, including anorexia, arthritis, hepatitis C, cancer, PTSD, among others.
However, for recreational use, possession in New Mexico remains illegal and is subject to fines and potential jail time.
In 2021, New Mexico took a step further in marijuana legalization through House Bill 2, allowing individuals to possess up to 2 ounces of usable marijuana, cultivate up to 6 plants (with no more than 12 per household), possess up to 16 grams of concentrated marijuana, and consume up to 800 milligrams of edible cannabis. This dual approach reflects New Mexico’s commitment to both medical and recreational marijuana users, with evolving regulations aimed at providing more comprehensive access.
New York
Medical use: Limited
Recreational use: Decriminalized
Decriminalized: Yes
In New York, medical marijuana is legal for approved patients, but the use of smokable cannabis is explicitly prohibited. State dispensaries cater to cardholders by providing various CBD/THC-based products, including oils, capsules, patches, and ointments.
New York is among the states that have decriminalized marijuana, and possession of up to 25 grams incurs only a fine without the threat of jail time.
The prospect of broader legalization in New York is currently under consideration, with ongoing government studies aimed at assessing the potential consequences.
Further advancements were made in 2021 through Senate Bill S854A, which legalized the possession of up to 3 ounces of usable marijuana, cultivation of up to 12 plants, and possession of up to 24 grams of concentrates. These changes in legislation indicate a shift toward more comprehensive marijuana legalization in New York, with a focus on providing greater access to individuals for both medical and recreational purposes.
North Carolina
Medical use: Limited to CBD oil
Recreational use: Decriminalized
Decriminalized: Yes
While North Carolina epilepsy patients can get approved for medical marijuana, they are limited to 5% CBD oil with less than 0.9% THC. With no dispensaries in the state, patients are also forced to get oil from out of state.
Marijuana is decriminalized in North Carolina, and possession of 0.5 ounces or less will only result in a fine of up to $500 but no jail time, albeit still a misdemeanor.
North Dakota
Medical use: Legal
Recreational use: Illegal
Decriminalized: Yes
Voters in North Dakota passed a medical marijuana initiative in 2016, allowing patients with certain medical conditions to be able to possess up to 3 ounces of marijuana. Dispensaries have started opening up in North Dakota this year making medical marijuana available to patients.
For non-patients, possession of under 0.5 ounces is a Class B misdemeanor punishable by up to 30 days in prison and $1,000 fines. Possession of over 0.5 ounces is a Class A misdemeanor and can result in up a year’s incarceration.
An initiative for recreational marijuana legalization may reach the ballot this November providing enough signatures are gathered.
Ohio
Medical use: Legal
Recreational use: Decriminalized
Decriminalized: Yes
Although Ohio legalized medical marijuana in 2016, they are still working on getting it to patients. Dispensaries are expected to open by September 2018. Patients with one of 21 conditions will be able to obtain up to a 90-day supply of medical marijuana.
Ohio is one of the 13 states to decriminalize marijuana and possession of under 100 grams is only a minor misdemeanor carrying a maximum fine of $250.
It’s also another state where legalization may come soon if the initiative to legalize gains enough signatures to reach the November ballot.
Oklahoma
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
Oklahoma passed its first medical marijuana law in 2015, allowing patients of any age with epilepsy, paraplegia, and intractable nausea and vomiting to obtain certain FDA-approved CBD products with less than 3% THC.
Residents will be able to vote on State Question 788 on the 26th of June. If approved, medical marijuana patients in Oklahoma will be able to possess up to 8 ounces of marijuana at home and cultivate up to 6 mature plants and 6 seedlings.
Marijuana laws are still very strict in Oklahoma and possession of any amount can result in hefty fines and jail time.
Oregon
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
In Oregon, recreational weed is fully legalized, granting residents aged 21 or over the ability to keep up to eight ounces at home and carry up to an ounce in public. However, public consumption remains prohibited. Adult residents are also allowed to cultivate up to four plants.
Medical marijuana cardholders in Oregon enjoy the benefit of tax-free marijuana. Moreover, the state extends this privilege to out-of-state residents who can obtain cards in Oregon, making it an inclusive destination for those seeking medicinal cannabis.
Oregon’s liberal marijuana laws have positioned it as an attractive location for entrepreneurs looking to open marijuana stores and for tourists seeking a cannabis-friendly environment.
This legalization journey in Oregon began in 2014 with the passage of Measure 91, securing 56% of votes. This legislation allows individuals to possess 1 ounce of usable marijuana in public, 8 ounces of homegrown usable marijuana at home, cultivate up to 4 plants, possess up to 16 ounces of solid marijuana-infused products, 72 ounces of liquid-infused products, and up to 1 ounce of extract at home for hash/concentrates. The comprehensive allowances signify the state’s progressive stance on marijuana regulation for both medical and recreational users.
Pennsylvania
Medical use: Legal
Recreational use: Illegal
Decriminalized: No
While Pennsylvania legalized medical marijuana in 2016, developments have been slow. Pennsylvania’s first marijuana dispensaries only opened earlier in 2018.
Pennsylvania’s laws prohibit patients from using smokable marijuana- dispensaries offer products such as oils, pills, tinctures, and topical creams.
Possession of marijuana in Pennsylvania can result in 30 days incarceration and $500 fines for 30 grams or less.
Rhode Island
Medical use: Legal
Recreational use: Decriminalized
Decriminalized: Yes
Rhode Island took steps toward marijuana legalization by legalizing medical marijuana in 2006. Patients with a physician’s certificate for debilitating illnesses are permitted to possess up to 2.5 ounces of marijuana and cultivate up to 12 plants.
The state has also decriminalized marijuana, with possession of less than an ounce for personal use considered a civil violation carrying a $150 fine.
Regarding recreational use, the future of legalization in Rhode Island is uncertain. Attempts to legalize marijuana were stalled until 2019, leaving the state in a state of flux regarding broader cannabis legalization.
In 2022, Rhode Island moved further in this direction with the passage of the Rhode Island Cannabis Act, allowing individuals to possess 1 ounce of usable marijuana in public, 10 ounces usable at home, cultivate up to 3 mature plants and 3 immature plants, and possess up to 5 grams of concentrate. These changes indicate a potential shift towards more comprehensive marijuana legalization in Rhode Island.
South Carolina
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
While medical marijuana is still illegal in South Carolina, “Julian’s Law” allows patients with severe forms of epilepsy to use low-THC CBD oil to treat their illness.
There are currently bills in the legislature to legalize medical marijuana as well as recreational marijuana for veterans. While these are considered unlikely to pass, local advocates believe medical marijuana could be legal in South Carolina by 2019.
Possession of an ounce or less is a misdemeanor which can result in 30 days jail time, with harsher penalties for repeat offenses or the intent to sell.
South Dakota
Medical use: Illegal
Recreational use: Illegal
Decriminalized: No
Unlike its northern neighbor, South Dakota is still very much anti-marijuana with attempts to legalize medical marijuana repeatedly rejected from the ballot.
Possession of 2 ounces or less of marijuana can result in a year’s incarceration and a maximum fine of $2,000. Anything over 2 ounces is a felony and carries harsher penalties.
With the hostile attitude towards marijuana in South Dakota, it may be some time before any form of legalization is seen in the Mount Rushmore state.
Tennessee
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
Under Tennessee law, licensed physicians can recommend patients with uncontrollable seizure disorders cannabis oil less than 0.9% THC. A recent effort to legalize medical cannabis in Tennessee has currently been halted.
Marijuana is still illegal in Tennessee and possession can lead to 1 year of jail time and a $250 fine for up to half an ounce, with harsher penalties for greater amounts.
Despite more than 30 marijuana-related bills reaching Tennessee legislature for the recent 2017-2018 session, none of these bills were enacted.e: Illegal
Texas
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
The Texas Compassionate Use Act legalizes the sale of cannabis oil to epilepsy patients. Those with a doctor’s prescription are able to purchase CBD oil with less than 0.5% THC from Texas dispensaries. These laws are not ideal, with a very limited amount of dispensaries and patients still finding it hard to get their hands on suitable products.
Texas has fairly harsh penalties for marijuana possession- being caught with 2 ounces or less can result in up to 180 days incarceration and a maximum fine of $2,000.
So far, it doesn’t look like any changes will be made to Texas marijuana laws until 2019.
Utah
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
Utah has a limited medical marijuana program, enabling recommended epilepsy and terminally ill patients to use cannabis oil up to 15% CBD and no more than 0.3% THC. Attempts to expand the medical marijuana program fell short.
There is a Medical Marijuana Initiative on the Utah ballot for November 2018 which will expand the program if it gains enough support.
Vermont
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
Vermont made history as the latest state to legalize recreational marijuana, being the first to do so through legislation rather than a voter referendum. Since July 2018, adults aged 21 or over in Vermont are permitted to possess up to an ounce of marijuana and cultivate up to six plants, with a limit of two mature plants at a given time.
For patients with debilitating illnesses, Vermont’s Medical Marijuana program offers relief, allowing them to possess up to two ounces obtained from state dispensaries.
However, the regulations stipulate that marijuana must be smoked on private property, and possession of more than an ounce for non-patients can lead to incarceration and fines.
The legislative landscape changed in 2018 with the passage of Legislative Bill H.511, legalizing the possession of 1 ounce of usable marijuana, cultivation of up to 6 plants (with no more than 2 mature), and possession of up to 5 grams of hash. These comprehensive regulations in Vermont reflect a balanced approach catering to both medical and recreational marijuana users.
Virginia
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: Yes
In Virginia, a recent Medical Marijuana bill has been passed, allowing patients with prescriptions to use specific cannabis oil products. These patients can utilize CBD, THC-A, and rosin oil, provided it contains no more than 5% THC.
Contrastingly, a bill to decriminalize marijuana in Virginia was rejected this year, and there are currently no initiatives to legalize it on the ballot. Penalties for marijuana possession in Virginia are relatively strict, with any amount leading to incarceration and fines.
However, a shift occurred in 2021 with the legalization of marijuana through Senate Bill 1406 and House Bill 2312. This legislation allows individuals to possess 1 ounce of usable marijuana and cultivate up to 4 plants. While medical use is limited to specific cannabis oil products, recreational users in Virginia now have the legal freedom to possess a certain amount and cultivate a limited number of plants.
Washington
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
Washington was among the pioneering states to benefit significantly from the legalization of recreational marijuana through a voter referendum in 2012. Since 2018, the state has generated over $1 billion from marijuana sales.
For adults aged 21 or over, Washington permits the possession of up to an ounce of marijuana. Dispensaries have proliferated across the state, allowing both visitors and residents to legally purchase a gram for as little as $6-10.
Washington’s medical marijuana program, operational since 2016, continues to thrive. Patients with specific ailments can legally possess up to 3 ounces of plant-based marijuana and 216 ounces of liquid-based marijuana.
The initial move towards marijuana legalization in Washington occurred in 2012 through Initiative 502, securing 56% of votes. This legislation allows individuals to possess 1 ounce of usable marijuana, 16 ounces of solid marijuana-infused products, 72 ounces of liquid-infused products, and up to 7 grams of concentrates. Washington’s comprehensive approach reflects a commitment to both medical and recreational marijuana users, and the economic success further solidifies the state’s stance on marijuana regulation.
Washington D.C.
Medical use: Legal
Recreational use: Legal
Decriminalized: Yes
While not technically a state, the US capital has its own laws on marijuana. Both medical and recreational use of marijuana has been legalized and adults 21 or over can have up to two ounces and six plants (with three maturing).
Medical marijuana is available from dispensaries to any patient considered to have a debilitating condition by a licensed doctor.
Public consumption is still illegal and lighting up in public can result in a civil penalty with a fine of $100.
West Virginia
Medical use: Legal
Recreational use: Illegal
Decriminalized: No
Despite enacting a law to legalize medical marijuana in 2017, the West Virginia Medical Cannabis Act won’t allow patients to obtain cannabis until July 2019.
Patients with a range of debilitating conditions will be able to get a licensed physician’s recommendation to obtain a 30-day supply of non-smokable cannabis.
Possession of any amount of marijuana is a misdemeanor punishable by up to 6 months of jail time with fines of up to $1,000. With no marijuana initiatives on this year’s ballot, things won’t progress in West Virginia until 2019 at the earliest.
Wisconsin
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
While a medical marijuana provision in Wisconsin enables patients to use CBD oil, it’s impossible to access in the state making things difficult for patients.
Possession is a misdemeanor carrying a punishment of up to 6 months incarceration and $1,000 fines. Subsequent offenses are a felony carrying harsher punishments.
Wisconsin’s marijuana laws have been highly criticised, but initiatives to improve the medical marijuana program, legalize recreational use, and decriminalize pot have all been shot down.
Wyoming
Medical use: Limited to CBD oil
Recreational use: Illegal
Decriminalized: No
Wyoming medical marijuana patients are permitted to use oils of at least 5% CBD and up to 0.3% THC. However, there is currently no system in place for patients to obtain it.
Possession of up to 3 ounces in Wyoming can get you a year of incarceration and a fine of up to $1,000. Anything over 3 ounces is a felony punishable by up to 5 years of prison and $10,000 fines.
There are no marijuana initiatives on the 2018 ballot for Wyoming.
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