In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug.[1] Despite this, most states have legalized either or both the medical and recreational use of cannabis.
The medical use of cannabis is legal with a doctor's recommendation in 37 states, four out of five permanently inhabited U.S. territories, and the District of Columbia (D.C.).[2] Eleven other states have laws that limit the psychoactive compound tetrahydrocannabinol (THC), for the purpose of allowing access to products rich in cannabidiol (CBD).[2] Although cannabis remains a Schedule I drug, the Rohrabacher–Farr amendment prohibits federal prosecution of individuals complying with state medical cannabis laws.[3]
The recreational use of cannabis has been legalized in 21 states,[a] Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and D.C. Another 10 states have decriminalized its use.[4] Commercial distribution of cannabis has been legalized in all jurisdictions where possession has been legalized, except for D.C. Personal cultivation for recreational use is allowed in all of these jurisdictions except for Washington State and New Jersey.
Some cannabis-derived compounds have been approved by the Food and Drug Administration (FDA) for prescription use. Cannabinoid drugs which have received FDA approval are Marinol (THC), Syndros (THC), Cesamet (nabilone), and Epidiolex (CBD). For non-prescription use, CBD and delta-8-THC derived from industrial hemp are legal at the federal level, but legality and enforcement varies by state.[5][6][7]
Legal for recreational use
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Legal for medical use
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Illegal
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D Decriminalized |
State | Recreational | Medical | Cultivation | Notes | |
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Alabama | Misdemeanor for first offense, subsequent offenses felony | Legal | Legal for licensed cultivators, not individual patients[8] | ||
Alaska | Legal | Legal | Twelve plants in a household with two adults 21+,[10] or no limit with commercial license | ||
Arizona | Legal | Up to 1 oz (28 g)[12] | Six plants in a household, or a maximum of 12 with two or more adults 21+[13] |
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Arkansas | Illegal | Legal | Medical use only |
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California | Legal | Legal | Legal (six plants for personal use, or a commercial license) |
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Colorado | Legal | Legal | Legal (six plants for personal use, or commercially licensed[22]) |
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Connecticut | Legal | Legal | Legal (Up to three mature and three immature plants) beginning October 1, 2021, for medical marijuana patients, and for all adults 21 and older beginning July 1, 2023 |
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Delaware | D | Decriminalized (civil infraction) | Legal | Medical use only |
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Florida | Illegal | Legal | Medical use only |
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Georgia | Illegal; decriminalized in the cities of Atlanta,[30] Clarkston,[31] Forest Park,[32] Savannah, South Fulton,[33] Statesboro,[34] unincorporated Fulton County,[35] and Macon–Bibb County. | CBD oil (less than 5% THC) | Illegal |
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Hawaii | D | Decriminalized[39] | Legal | Medical use only |
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Idaho | Misdemeanor (85 g (3.0 oz) or less) | CBD oil (less than 0.1% THC) | Felony |
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Illinois | Legal[47] | Legal | Five plants in home for medical use only, or commercially licensed for recreational[48] |
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Indiana | Misdemeanor (up to 6 months in jail, $1000 fine) | CBD oil (less than 0.3% THC) legal for any use | Illegal | ||
Iowa | Illegal | THC content of 4.5 grams per patient in a 90-day period | Felony |
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Kansas | Misdemeanor | CBD oil (containing 0% THC) legal for any use | Illegal | ||
Kentucky | Misdemeanor for less than 8 oz (230 g) | CBD oil | Misdemeanor (less than 5 plants) |
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Louisiana | D | Decriminalized up to 14 grams (0.49 ounces) | Legal | Illegal |
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Maine | Legal | Legal | Up to three mature plants, twelve immature plants and unlimited number of seedlings; or commercially licensed[62] | ||
Maryland | Legal beginning July 1, 2023 | Legal |
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Massachusetts | Legal | Legal | Up to six plants for personal use or twelve plants maximum for 2 or more adults in a household; or a commercial license.[70] |
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Federal law |
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Legality by jurisdiction |
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Related |