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Home Regulation

Where Is Marijuana Legal? A Guide to Marijuana Legalization

July 29, 2023
in Regulation
Reading Time: 15 mins read
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where is marijuana legal

Navigating the varying degrees of marijuana legality in the United States can be a confusing task. Despite being classified as an illicit substance at the federal level, many states have given the green light for the recreational and medicinal use of cannabis.

This article provides you with comprehensive insights into locations within the U.S. where marijuana is legal to both possess and consume, giving you clarity on this complex issue. So let’s dive in to decode these laws together!

Key Takeaways

  • Several states in the United States have legalized recreational marijuana, including Colorado, Washington, Alaska, Oregon, California, Maine, Massachusetts, Michigan and Vermont.
  • Twenty – eight states, along with Puerto Rico and Guam, have legalized medicinal marijuana.
  • Federal laws classify marijuana as illegal at the national level but there are ongoing discussions and actions that indicate a potential shift towards more leniency.

Understanding Marijuana Legalization

Marijuana legalization refers to the process of legalizing the recreational or medicinal use of cannabis, allowing individuals to possess, consume, and in some cases, cultivate marijuana without facing legal consequences.

Definition of Marijuana Legalization

Marijuana legalization refers to the process of removing all legal prohibitions against it. This includes allowing for its sale, possession, use, and cultivation by adults. It’s important to note that various restrictions may still apply, like age limits and driving-under-the-influence laws similar to alcohol regulations.

Legalization also involves regulating the production and distribution of marijuana – ensuring a safe and secure supply chain from seed to sale. Many states began this process with medical marijuana before expanding it further to include recreational use as well, marking an evolving shift in societal attitudes towards cannabis use over time.

Difference between legalization and decriminalization

Legalization and decriminalization of marijuana are distinct approaches to cannabis laws. In the context of legalization, states like Colorado, California, and Washington have fully permitted and regulated the recreational use of cannabis.

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It means that residents in these areas can grow, sell, purchase, and possess marijuana without fear of criminal prosecution. On the other hand, decriminalization refers to reducing legal penalties for minor cannabis offenses like possession of small amounts up to a certain limit.

Under this system, individuals caught with a specified amount aren’t criminally charged but may be subjected to fines or mandatory drug education programs similar to a traffic violation; it’s akin to treating marijuana infractions as civil rather than criminal cases.

Despite both being strides towards leniency in marijuana policies compared to outright prohibition enforcement, there’s still a notable difference between full-blown legalization and mere decriminalization.

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Where Is Marijuana Legal?

State

Recreational

Medical

Cultivation

Alabama

Illegal; Misdemeanor on first offense, felony on subsequent offenses

Legal to possess up to 70 daily dosages at one time

Illegal

Alaska

Legal to possess up to 1 oz

Legal to possess up to 1 oz

Legal for medical & recreational use up 6 plants per person, or 12 plants in a household

Arizona

Legal to possess up to 1 oz

Legal to possess up to 2.5 oz per 14 days

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Legal for medical & recreational use up to 6 plants per person, or 12 plants in a household

Arkansas

Illegal; Misdemeanor

Legal

Illegal

California

Legal to possess up to 1 oz

Legal to possess up to 8 oz

Legal for recreational use up to 6 plants per household

Colorado

Legal to possess up to 2 oz

Legal to possess up to 2 oz

Legal for medical & recreational use up to 6 plants per person (3 mature at the same time)

Connecticut

Legal to carry up to 1.5 oz or possess up to 5 oz locked inside a home or trunk of a vehicle

Legal to possess up to 5 oz per month

Legal for medical & recreational use up to 6 plants per person (3 mature at the same time)

Delaware

Legal to possess up to 1 oz & 12 g of concentrate

Legal to possess up to 6 oz

Illegal

Florida

Illegal

Legal to possess up to three 70-day, or six 35-day supply limits

Illegal; Felony

Georgia

Illegal; decriminalized in certain cities

CBD oil (less than 5% THC)

Legal only for medical patients up to 7 plants per person

Hawaii

Illegal; Decriminalized up to .1 oz

Legal to possess up to 4 oz.

Illegal; Felony

Idaho

Illegal; Misdemeanor (85 g or less)

CBD oil (less than 0.1% THC)

Legal only for medical patients up to 5 plants per person

Illinois

Legal to possess up to 30 g

Legal to possess up to 2.5 oz per 14 day period

Illegal

Indiana

Illegal; Misdemeanor (up to 6 months in jail, $1000 fine)

CBD oil (less than 0.3% THC) legal for any use

Illegal; Felony

Iowa

Illegal; Misdemeanor

Legal to possess up to an amount of THC not exceeding 4.5 grams per 90 day period

Illegal

Kansas

Illegal; Misdemeanor

CBD oil (containing 0% THC) legal for any use

Illegal; Misdemeanor (5 plants or less)

Kentucky

Illegal; Misdemeanor (8 oz or less)

Legal to possess a 30-day supply

Illegal

Louisiana

Illegal; Decriminalized up to 14 grams

Legal to possess up to a 30-day supply

Legal for medical & recreational use up to 6 plants per person (3 mature at the same time)

Maine

Legal to possess up to 2.5 oz

Legal to possess up to 2.5 oz

Legal for recreational use up to 2 plants per household. Registered medical cannabis patients can grow 4 plants per household

Maryland

Legal to possess up to 1.5 oz & 12 g of concentrate

Legal to possess up to 120 g or 36 g of concentrate

Legal for medical & recreational use up to 6 plants per person, or 12 plants in a household

Massachusetts

Legal to possess up to 1 oz in public or 10 oz at home

Legal to possess up to 10 oz per every 2-month period

Legal for recreational use up to 12 plants per household

Michigan

Legal to possess up to 2.5 oz in public or 10 oz at home

Legal to possess up to 2.5 oz

Legal for recreational use up to 8 plants (4 mature at the same time)

Minnesota

Legal to possess up to 2 lbs, 8 g of concentrate, & 800 mg of infused edibles

Legal to possess up to 2.5 oz every 14 days

Illegal

Mississippi

Illegal; Decriminalized up to 30 g or less for first offense

Legal to possess up to 3 oz per month

Legal for medical & recreational use up to 6 plants per person, or 12 plants in a household

Missouri

Legal to possess up to 3 oz

Legal to possess up to 6 oz per month

Legal for recreational use up to 4 plants per person or 8 plants per household (4 mature at the same time)

Montana

Legal to possess up to 1 oz & 8 g of concentrates

Legal to possess up to 1 oz

Illegal

Nebraska

Illegal; Decriminalized (first offense only)

CBD Oil (containing up to 0.3% THC)

Legal for medical & recreational use only for people at least 25 mi from the nearest dispensary. 6 plants for recreational and 12 plants for medical use

Nevada

Legal to possess up to 2.5 oz & one fourth of an oz of concentrate

Legal to possess up to 2.5 oz

Illegal

New Hampshire

Illegal; Decriminalized up to 0.75 oz or less

Legal to possess up to 2 oz

Illegal

New Jersey

Legal to possess up to 6 oz.

Legal to possess up to 3 oz per month

Legal for medical use up to 16 plants (4 mature at the same time) or 6 mature plants for recreational per person, max 12 per household

New Mexico

Legal to possess up to 2 oz

Legal to possess up to 8 oz per 90-day period

Legal for medical & recreational use up 3 mature and 3 immature plants per person, max 12 per household

New York

Legal to possess up to 5 lb of cannabis or 24 g of concentrates at home and 3 oz in public

Legal to possess a 60-day supply

Illegal

North Carolina

Illegal; Decriminalized up to 42 g or less

CBD oil

Illegal

North Dakota

Illegal; Decriminalized up to 14 g or less

Legal to possess up to 3 oz

Illegal

Ohio

Illegal; Decriminalized (civil infraction)

Legal to possess a 90-day supply

Legal only for medical patients up to 6 plants & 6 seedlings per person

Oklahoma

Illegal

Legal to possess up to 8 oz, 1 oz of concentrate, and 72 oz of edibles in a residence

Legal for medical use up to six plants & 18 seedlings for medical patients or 4 plants per household for recreational use

Oregon

Legal to possess up to 2 oz in public or 8 oz at home

Legal to possess up to 24 oz

Illegal

Pennsylvania

Illegal; Decriminalized In Philadelphia and Pittsburgh up to 30 g

Legal to possess up to a 90-day supply

Legal for medical use up to 12 plants & 12 seedlings for patients or 6 plants (3 mature at the same time) for recreational use

Rhode Island

Legal to possess up to 1 oz

Legal to possess up to 2.5 oz

Illegal

South Carolina

Misdemeanor

Cannabis oil (less than 0.9% THC)

Legal for medical patients up to 3 plants; more in some cases

South Dakota

Misdemeanor

Legal to possess up to 3 oz

Illegal; Misdemeanor (9 plants or less), Felony (10 or more plants)

Tennessee

Illegal; Misdemeanor (less than .5 oz; first or second offense only)

Cannabis oil (less than 0.9% THC)

Illegal

Texas

Illegal (Austin police won’t arrest for less than 4 oz; Houston, Dallas, San Antonio, Austin, Travis County have a “cite and release” policy)

CBD oil (no more than 1% THC and no less than 10% CBD)

Illegal

Utah

Illegal; Misdemeanor

Legal to possess up to 4 oz per 30-day period

Legal for medical use up to 9 plants (2 mature at the same time) or 6 plants for recreational use (2 mature at the same time)

Vermont

Legal to possess up to 1 oz

Legal to possess up to 2 oz

Legal for medical & recreational use up to 4 plants per household

Virginia

Legal to possess up to 1 oz in public; no limit applies at home.

Legal to possess up to 4 oz per 30-day periodegal.

Legal for medical patients only up to 6 plants.

Washington

Legal to possess up to 1 oz

Legal to possess up to 3 oz, 48 oz of edibles, 21 g of concentrate, & 216 oz of infused-liquids

Illegal

West Virginia

Illegal; Misdemeanor

Legal

Illegal; Felony

Wisconsin

Illegal; Misdemeanor on first offense, felony on subsequent offenses

CBD oil

Illegal

Wyoming

Illegal; Misdemeanor

CBD oil

Illegal

States that have Legalized Recreational Marijuana

p60566 States that have Legalized Recreational Marijuana 41ee33ecf9 2123567778

Several states in the United States have legalized recreational marijuana, including Colorado, Washington, Alaska, Oregon, California, Maine, Massachusetts, Michigan, Vermont.

Colorado

Colorado made history by becoming one of the first states to legalize recreational marijuana in 2012. This bold decision created room for a flourishing industry, filled with an array of cannabis strains and products.

In this state, you can find not only dried cannabis flowers but also edibles and concentrates at local dispensaries. Colorado’s planned approach towards its marijuana market has generated millions in sales tax revenue.

Despite opposition citing public health and safety risks, supporters maintain that cannabis is less dangerous than alcohol while offering therapeutic benefits. Rules vary regarding possession limits, home cultivation, and taxation aspects on marijuana sales within Colorado’s borders as they have begun to carve their own path amidst ongoing national debate regarding legalization.

Washington

Washington is one of the 24 states in the US that have legalized recreational marijuana. They passed Initiative 502 in 2012, allowing for the recreational use of marijuana. This means that adults aged 21 and older can legally possess and consume cannabis without facing criminal charges.

Washington was one of the first states to take this step towards legalization, along with Colorado.

Alaska

Alaska is one of the 23 states that have legalized recreational marijuana. It followed in the footsteps of Colorado and Washington, becoming one of the early adopters of this change.

Alongside these 23 states, Washington, D.C., and Guam also allow for recreational marijuana use. The state’s House passed a decriminalization bill for marijuana in April 2022. Moreover, President Joe Biden has announced plans to issue pardons for those convicted of simple marijuana possession at the federal level in Alaska in 2022.

Oregon

Oregon is one of the 23 states that have legalized recreational marijuana. Along with Washington, D.C. and Guam, Oregon joined Colorado and Washington in leading the way for legalization back in 2012.

Currently, state legislatures in Oregon are grappling with the issue of legalizing marijuana and how to address its disproportionate impact on minority communities.

California

California, the golden state, has played a pioneering role in marijuana legislation. It was the first state to legalize medical marijuana way back in 1996. Today, recreational marijuana is also legal in California.

This means that individuals can possess up to 1 ounce of usable marijuana and grow up to 6 plants. California has its own set of regulations when it comes to possession limits, home cultivation, and taxation of recreational marijuana sales.

And interestingly, President Joe Biden supports leaving regulation of recreational marijuana up to individual states like California.

Maine

Maine is one of the 23 states where recreational marijuana is legal. In Maine, individuals can possess up to 2.5 ounces of usable marijuana and grow a maximum of 15 plants, with no more than 3 being mature plants.

Additionally, individuals in Maine are allowed to possess up to 5 grams of hash or concentrates. The legalization of marijuana in Maine aims to address issues such as the disproportionate impact of marijuana laws on minority communities and mass incarceration.

Massachusetts

Massachusetts is among the 23 states that have legalized recreational marijuana. This happened after Colorado and Washington became the first states to do so in 2012. In Massachusetts, steps have been taken to address the consequences of marijuana prohibition, including expungement of low-level convictions.

It’s important to note that President Joe Biden announced plans to issue pardons for individuals convicted of simple marijuana possession at the federal level in 2022. Furthermore, under President Barack Obama’s direction, the Justice Department was instructed to defer to state authorities in jurisdictions that had legalized marijuana.

Michigan

Michigan is one of the 23 states that have legalized recreational marijuana. This means that adults aged 21 and older can legally possess and consume marijuana for personal use.

The legalization of recreational marijuana in Michigan reflects a larger trend among states embracing similar laws. It offers opportunities for cannabis cultivation and use within the state while also contributing to the overall growth of the legal cannabis industry.

Vermont

Vermont is one of the 23 states that have legalized recreational marijuana. It joined Colorado and Washington as the first states to do so. Vermont has also legalized the use of cannabis products for medical purposes.

Currently, the state legislature is grappling with the issue of marijuana legalization, which shows that there are ongoing discussions and debates about this topic in Vermont. In 2022, President Joe Biden announced his intention to issue pardons for individuals convicted of simple marijuana possession at the federal level, potentially benefiting those in Vermont who have been affected by such convictions.

Other notable states

The list above is only a selection of states where marijuana is legal. Check the full list in the table above for a full overview of the legal status of weed in all US states.

With a growing number of states embracing legalization, the landscape of cannabis cultivation and use continues to evolve across the United States.

States that have Legalized Medicinal Marijuana

p60566 States that have Legalized Medicinal Marijuana 2c7a87231f 858713320

28 states, along with Puerto Rico and Guam, have legalized medicinal marijuana. These states recognize the potential medical benefits of marijuana and have implemented laws to allow its use for certain medical conditions. Here is the list of states where medicinal marijuana is legal:

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Illinois
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island

Federal Laws on Marijuana

p60566 Federal Laws on Marijuana c1e14d032c 1208842885

The Cole Memorandum

The Cole Memorandum, issued in 2013 by the U.S. Department of Justice during the Obama administration, provided guidance to federal prosecutors on enforcing marijuana laws in states where it is legal.

Its main focus was on preventing marijuana distribution to minors, stopping revenue from criminal enterprises, and preventing violence and firearm use in marijuana cultivation and distribution.

The memorandum allowed states to regulate marijuana within their borders as long as they followed specific guidelines. However, in 2018, then-Attorney General Jeff Sessions rescinded the memorandum, creating uncertainty for states with legalized marijuana.

Current status of marijuana at the federal level

The current status of marijuana at the federal level is complex. While some progress has been made in terms of decriminalization and legalization efforts, marijuana remains illegal under federal law.

However, there have been recent developments that indicate a shifting perspective. For example, President Joe Biden announced plans to issue pardons for individuals convicted of simple marijuana possession, signaling a potential shift towards more leniency.

In addition, the House passed a bill to decriminalize marijuana in April 2022, and the Senate is currently considering the Cannabis Administration and Opportunity Act. These ongoing discussions and actions show that attitudes toward marijuana at the federal level are evolving.

Public Opinion on Marijuana Legalization

The public opinion on marijuana legalization is overwhelmingly in favor of it. In fact, 91% of Americans believe that cannabis should be legalized to some extent. This support has even reached mainstream politicians, with many Democrats and even some Republicans backing the idea.

The current US President, Joe Biden, supports leaving the regulation of recreational marijuana up to individual states. These sentiments are reflected in state legislatures as well, where lawmakers are grappling with the question of whether and how to legalize the drug.

As a result, several marijuana-related bills have been introduced in Congress, including a recent decriminalization bill passed by the House in April 2022 and an ongoing consideration of the Cannabis Administration and Opportunity Act by the Senate.

The Future of Marijuana Legalization

The future of marijuana legalization looks promising, with ongoing efforts in Congress to pass legislation and potential future states considering legalizing recreational or medicinal marijuana.

Marijuana legalization efforts in Congress

Congress is currently making efforts to legalize marijuana at the federal level. In April 2022, the House passed a bill that would decriminalize marijuana, and now it’s up to the Senate to consider the Cannabis Administration and Opportunity Act.

This bill aims to regulate cannabis like alcohol, allowing states to decide their own policies while also implementing measures for equity and social justice. Additionally, other marijuana-related bills have been introduced in Congress as legislators grapple with how best to approach legalization.

President Joe Biden has also expressed his support for pardoning individuals convicted of simple marijuana possession at the federal level. The future of marijuana legalization in Congress remains uncertain but promising as lawmakers continue discussions on this topic.

Prospective states for future legalization

Several states are being closely watched for the potential future legalization of marijuana. These states include New York, New Jersey, Connecticut, and Pennsylvania, all of which have made significant progress in recent years toward legalizing recreational cannabis.

Additionally, there is growing support for legalization in states like Delaware, Rhode Island, and Maryland. These states have already decriminalized marijuana or legalized it for medicinal use and may be the next to pursue full legalization.

With public opinion shifting towards acceptance and more states exploring the economic benefits of cannabis legalization, we can expect to see further progress in expanding access to marijuana across the country.

Conclusion

In conclusion, marijuana is legal for recreational use in 23 states, including Colorado, Washington, California, and Massachusetts. Additionally, medical marijuana has been legalized in 40 states and the District of Columbia.

While federal laws still classify marijuana as illegal, the landscape of legalization is changing rapidly as more states embrace its benefits. The future looks promising for continued expansion of marijuana legalization efforts across the United States.

FAQs

Where is marijuana legal in the United States?

Currently, marijuana is legal for recreational use in 19 states and Washington D.C. These include Alaska, Arizona, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey Oregon, Vermont Virginia, and Washington. Additionally, medical cannabis is legal in an additional 36 states.

Is marijuana legal at the federal level in the United States?

No, marijuana remains classified as a Schedule I controlled substance under federal law which means it is illegal at the federal level regardless of state laws.

Can you legally travel across state lines with marijuana?

Traveling with marijuana between states where it is legal can be complex and subject to various restrictions. It’s important to research and understand the specific laws of both your departure and destination locations before attempting to transport or possess any quantity of marijuana.

What are the penalties for possessing or distributing marijuana illegally?

Penalties for possessing or distributing marijuana illegally vary depending on federal and state laws. They can range from fines to probation to imprisonment depending on the quantity involved and individual circumstances. It’s important to consult local laws or seek legal advice if you have concerns about your specific situation.

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