D Decriminalized Notes: · Reflects law of states and territories, including laws which have not yet gone into effect. Does not reflect federal, tribal, or local laws. · Hemp and hemp-derived products have been legal since the enactment of the 2018 Farm Bill.
In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose.[1] Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized.[2][3]
The medical use of cannabis is legal with a medical recommendation in 38 states, four out of five permanently inhabited U.S. territories,[a] and the federal District of Columbia (D.C.).[4] Ten other states have laws that limit the psychoactive compound tetrahydrocannabinol (THC), for the purpose of allowing access to products rich in cannabidiol (CBD), a non-intoxicating component of cannabis.[4] The Rohrabacher–Farr amendment, first passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws.[5]
The recreational use of cannabis has been legalized in 24 states, three U.S. territories, and D.C.[b] Another seven states have decriminalized its use.[c][6] Commercial distribution has been legalized in all jurisdictions where possession has been legalized, except for Virginia and D.C. Personal cultivation for recreational use is allowed in all of these jurisdictions except for Delaware, Illinois, New Jersey, and Washington state.
Cannabinoid drugs which have received approval from the Food and Drug Administration (FDA) for prescription use are Marinol and Syndros (synthetic THC is the active ingredient in both), Cesamet (nabilone), and Epidiolex (CBD). For non-prescription use, products with less than 0.3% delta-9 THC containing CBD, delta-8 THC, and other naturally-occurring cannabinoids derived from hemp (cannabis containing less than 0.3% delta-9 THC) are legal and unregulated[7] at the federal level, but legality and enforcement varies by state.[8][9][10]
First-time may be punished as a misdemeanor, but further possession, or intent to sell, can result in felony charges.
Medical use legalized in May 2021 through bill signed by Governor Kay Ivey.[13]
Registered patients are permitted to possess a maximum of "70 daily dosages" of medical cannabis at one time. Doses of authorized cannabis products are capped at a maximum of 50 milligrams for the first 90 days.[11]
Legal for medical (See notes) & recreational use up to an amount of no more than 6 plants per person, or twelve plants in a household with two or more adults.[19]
November 6, 2012: Colorado Amendment 64 approved by voters, legalizing the sale and possession of marijuana for non-medical use including cultivation of up to six plants with up to three mature.[32][33]
In Denver, there is a limit of 12 plants per household regardless of the number of adults.[34]
Colorado became the second state to legalize, going into effect four days after Washington state,[33] however, it was the first state for legal retail sales to become established.[35]
May 20, 2021: Colorado Governor Jared Polis signs HB 21–1090, a bill which increases possession limits from 1 oz to 2 oz for adults.
June 22, 2021: Connecticut Governor Ned Lamont signed SB 1201, a bill legalizing recreational marijuana for adults beginning July 1, 2021. Those between 18 and 20 would be subject to civil fine up to $150, and minors under 18 cannot be arrested for simple possession.[36]
November 8, 2016: medical marijuana legalized as of July 1, 2017, when voters passed Amendment 2 by 71%.[43]
In 2019, legislation under Senate Bill 182 was enacted, allowing individuals with eligible medical conditions to acquire smokable cannabis from authorized medical marijuana dispensaries.[44]
Misdemeanor possession of 1 oz (28 g) or less can be punished by a fine up to $1000 or up to 12 months in jail.[51] It is a felony for anyone to possess more than 1 oz (28 g), manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana and it is punishable by imprisonment for no less than one year and no more than ten years.[52] City and county level punishments for misdemeanor possessions vary.
April 16, 2015: use of low-THC CBD oil legalized for medical use, but in-state cultivation, production, and sale remains illegal.[53]
June 15, 2000: Governor Ben Cayetano signed bill legalizing medical marijuana. First state legislature to do so.[56][57]
July 14, 2015: Governor David Ige signed bill allowing medical cannabis dispensaries.[58]
July 14, 2016: Governor Ige signed law expanding medical cannabis programs.[59]
June 25, 2019: Governor Ige announced that he would not veto a bill passed by the legislature to decriminalize less than 3 g of marijuana. Law went into effect January 11, 2020.[54]
Possession of 85 g (3.0 oz) or less a misdemeanor up to 1-year prison or fine up to $1,000 or both. More than 3 oz (85 g) but less than 1 lb (0.45 kg) a felony up to 5 years in prison or fine up to $10,000 or both.[60]
2015: the Idaho Attorney General stipulated that CBD must both contain zero THC and be derived from one of the five identified parts of the cannabis plant, otherwise it is illegal in Idaho under current law.[61]
2021: Senate Bill 1017 is signed into law by Governor Brad Little expanding legal CBD access from 0.0% to 0.1% THC.[62]
Cannabis Control Act of 1978 allowed for medical marijuana but was never implemented.[65][66]
August 1, 2013: Gov. Pat Quinn signed bill legalizing medical marijuana effective January 1, 2014.[67]
May 31, 2019: the General Assembly passed the Illinois Cannabis Regulation and Tax Act to legalize recreational marijuana use beginning January 1, 2020, allowing adults age 21 and over to possess up to 30 g (1.1 oz).[68] With Gov. J. B. Pritzker's signature on June 25, Illinois became the first state in the nation to legalize adult marijuana sales through an act of state legislature.[69][63]
2022: Governor Andy Beshear signed an executive order, effective January 1, 2023, to pardon anyone possessing up to 8 ounces of cannabis if purchased legally in another state and a doctor certifies that patient has one of 21 qualifying conditions.[77][78]
2020: House Bill 819 is signed in to law by Governor John Bel Edwards expanding cannabis access to "any condition" that a doctor "considers debilitating to an individual patient and is qualified through his medical education and training to treat."
2021: Decriminalization signed into law by Governor Edwards.[81]
Legal for medical & recreational use up to an amount of six plants with no more than three at a time being mature. There is no limit on the amount of seedlings that can be grown at once.[82]
2022: Legislation is passed to allow the sale and consumption of food and beverage products containing 5 mg of THC per serving and 50 mg per package.[101]
2023: Governor Tim Walz signs House File 100 to legalize cannabis for recreational use, effective August 1, 2023.[102]
Legal to possess up to 1 oz (28 g) & 8 g of concentrates
Legal to possess up to 1 oz (28 g)
Legal for medical & recreational use up to an amount of four plants per person or 8 maximum per household, no more than 4 plants are allowed to be mature at one time.
Possession up to 1 oz (28 g) fined up to $300 for
first offense, with potential mandatory drug education. Second offense fine up to $500 and up to five days' jail, third offense up to $500 fine and maximum one week jail.[108]
Legal to possess up to 2.5 oz (71 g) & one fourth of an oz (7 g) of concentrate
Legal to possess up to 2.5 oz (71 g)
Legal for medical & recreational use only for people that live at least 25 mi (40 km) from the nearest dispensary. Limit is 6 plants for recreational use and 12 plants for medical use.[109][110]
November 7, 2000: medical marijuana legalized with 65% vote on Question 9.[111][112]
November 8, 2016: recreational marijuana legalized when Question 2 passed by 54%.[113]
Home cultivation allowed if at least 25 mi (40 km) from store.[114]
June 8, 2023: Legal Adult-use possession limits increased from 1 oz & one eighth of an oz of concentrate to 2.5 oz & one quarter of an oz of concentrate.[115]
January 18, 2010: medical marijuana law signed by Governor Jon Corzine. Maximum 1 year in prison and 1,000 dollar fine for possession of up to 50 grams.[125][126] September 19, 2016: Governor Chris Christie signed Assembly Bill 457 adding PTSD as a qualifying condition for medical marijuana, effective immediately.[127]
February 22, 2021: enabling legislation for cannabis legalization signed by Governor Phil Murphy. The bill includes provisions for transportation (delivery) and cultivation licensure.[130]
Legal to possess up to 8 oz (230 g) per 90-day period
Legal for medical & recreational use up to an amount not to exceed 16 plants, of which no more than 4 can be mature at one time, for medical use, and 6 mature plants, or twelve per household, for recreational use.
July 14, 2014: medical marijuana legalized when Governor Andrew Cuomo signed legislation allowing edibles, oils, pills, and vaporization, but not smoking.[139][140][141]
June 20, 2019: full decriminalization bill passed legislature and signed into law by Governor Cuomo. The bill decriminalizes amounts under 2 oz (57 g), providing for a $50 fine for under 1 oz (28 g) and $100 for under 2 oz. It also eliminates the "in public view" loophole whereby police would demand suspects empty their pockets, thus causing the cannabis to be in public view.[142] The law took effect on August 30, 2019.[143]
Legal to possess up to 8 oz (230 g), 1 oz (28 g) of concentrate, and 72 oz (2 kg) of edibles in a residence. Patients are able to possess up to 3 oz (85 g) in public.
Legal only for medical patients up to an amount of six plants & 6 seedlings per person.[151]
Legal to possess up to 2 oz (57 g) in public or 8 oz (230 g) at home[155]
Legal to possess up to 24 oz (680 g)
Legal for medical & recreational use up to an amount of six mature plants & 18 seedlings for medical patients or four plants per household for recreational use.[156]
April 17, 2016: medical use law signed by Governor Wolf. Possession of 30 g (1.1 oz) or less up to 30 days in jail and fine up to $500. More than 30g a misdemeanor up to a year in jail and $5000 fine.[168]
Legal for medical & recreational use up to an amount of 12 plants & 12 seedlings for medical patients or six plants of which no more than 3 are mature for recreational use.[169][170]
2014: Governor Nikki Haley signed Senate Bill 1035, "Julian's Law", allowing children with severe epilepsy to be treated with CBD oil if recommended by a physician.[174]
First-time possession one year supervised probation instead of one year in prison; possession of .5 oz (14 g) or more for resale a felony. CBD oil possession allowed as of May 4, 2015, if suffering seizures or epilepsy with recommendation of doctor.[181]
Illegal (De facto legal by refusal to arrest for less than 4 oz (112 g) in possession in Austin. A "cite and release" policy is in effect in Houston, Dallas, San Antonio, Austin, and residents of Travis County).
CBD oil (no more than 1% THC and no less than 10% CBD)
2014: HB 105 signed which allows use of low-THC cannabis oil for patients with epilepsy.[187]
March 2018: HB 195 signed which allows cannabis for certain terminally ill patients.[188]
Possession up to an 1 oz (28 g) 6-months prison and maximum fine $1,000. Over 10 oz (280 g) $10,000 fine. Selling any amount a felony with 5 years in prison and $5,000 fine.[189]
Legal for medical & recreational use up to an amount of 9 plants, with only 2 at a time being mature for medical patients, or six plants for recreational use of which no more than two can be mature at one time.
May 19, 2004: medical marijuana legalized when Senate Bill 76 was enacted.[190]
June 2007: medical marijuana expanded by the enactment of SB 7.[191]
June 6, 2013: Governor Peter Shumlin signed HB200, decriminalizing 1 oz (28 g).[192]
January 2018: HB511 was enacted,[193][194][195] legalizing recreational use of 1 oz (28 g) and two plants,[196] taking effect on July 1, 2018.[197][198][199] First state legislature to legalize recreational marijuana.[200]
April 2020: decriminalized up to 1 oz (28 g) (punishable by a $25 fine) per legislation signed by Governor Ralph Northam.[203]
April 7, 2021: Legalized for recreational use effective July 1, 2021.[204] Retail sales were scheduled to begin by January 1, 2024, but the legislature did not go on to develop the necessary legal framework.[205]
2012: legalized by Washington Initiative 502. The law permits anyone over 21 to carry 1 oz (28 g), and it requires licensed sellers, distributors, and growers. Home growing is not allowed except for medical use.[208] First state to legalize recreational marijuana on December 6, 2012, four days before Colorado.[209]
First possession a misdemeanor fine up to $1,000 or imprisonment up to 6 months, or both. Second offense a Class I felony fine up to $10,000 or imprisonment up to 3.5 years, or both.[214]
In 2020, Madison, WI legalized the possession of up to 1 oz (28 g) of recreational cannabis, including smoking cannabis on public property (not including places where cigarettes are already banned, inside or within 1,000 feet (300 m) of a school, or behind the wheel).[215]
Being under the influence of marijuana is a misdemeanor up to 90 days in prison and fine up to $100. Possession of 3 oz (85 g) or less a misdemeanor up to 1 year in prison and fine up to $1000.[216]
Legal to possess up to 2 oz (57 g). No commercial sales.[217]
Legal to possess up to 8 oz (230 g)
Legal for recreational use up to an amount of six plants with only three being mature at a time; there are no provisions for commercial recreational cultivation.
1998: Initiative 59 was voted in to allow medical marijuana, but was blocked from taking effect by Congress until 2009.
2014: D.C. Mayor Vincent Gray signed a bill that decriminalized possession of up to 1 oz (28 g) of marijuana in the U.S. capital for persons 18 years of age or older. The law made possession a civil violation with a penalty of $25, lower than most city parking tickets.
2014, D.C. voted by ballot Initiative 71 to legalize recreational marijuana possession, cultivation, and transportation; commercial production and sale prohibited. The law went into effect February 26, 2015, following 30 days of congressional review.[218]
In 1999, the territory established a five-year mandatory minimum sentence for possession of any amount of any illegal drug, to explicitly include marijuana, even when medically prescribed in another jurisdiction.[219]
Legal to possess up to 1 oz (28 g) & 8 g of concentrate
Legal to possess up to 2.5 oz (71 g)
Legal for medical & recreational use up to an amount not exceeding 6 mature & 12 immature plants for medical patients or up to 6 immature & 3 mature plants for recreational use.[220]
November 4, 2014: residents passed a ballot measure that allows cannabis for medical use only.[221]
March 2019: the Legislature of Guam passed a bill (by a close vote of 8–7) to legalize recreational cannabis. The Governor of Guam signed the bill into law on April 4, 2019, with immediate effect.[222]
Note: There are approximately 326 federally recognized Indian reservations in the United States. This table shows only reservations which are known to have legalized medical or recreational use of cannabis, and may not be a complete list of reservations that have done so.
Illegal; Only one site has been allowed as the primary growing location.
In summer 2015, the tribal authorities voted 5–1 to legalize recreational cannabis, making them the first reservation to do so following the 2013 Cole Memorandum.[232]
In September 2015, the tribe signed the nation's first tribe-state cannabis pact, under which the tribe would operate a cannabis retail store with regulations paralleling those of Washington state.[236]
Legal for medical & recreational use up to an amount of twelve plants.
Legislation approved in June 2021 legalizing recreational use of cannabis and establishing a dispensary license program where all growing, processing, and sales must take place on tribal land.[243][244][245]
Legalization timeline
United States jurisdictions with legalized recreational cannabis
^Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands
^States that have legalized the use of recreational marijuana, including laws which have not yet gone into effect: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington
Territories that have legalized recreational marijuana include: Guam, Northern Mariana Islands, U.S. Virgin Islands
^Hawaii, Louisiana, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota
^The Federal Status of Marijuana and the Expanding Policy Gap with States, Congressional Research Service, March 6, 2023, IF12270, Although state laws do not affect the status of marijuana under federal law ... the federal response to states' legalizing or decriminalizing marijuana largely has been to allow states to implement their own laws...Federal law enforcement has generally focused its efforts on criminal networks involved in the illicit marijuana trade.
^MacCoun, Robert J.; Reuter, Peter (August 27, 2001). "The Debate". Drug War Heresies: Learning from Other Vices, Times, and Places. Cambridge University Press. pp. 46–. ISBN978-0-521-79997-3.
