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Updated March 2023
This article will provide an overview of understanding state-by-state cannabis laws.
The legalization of cannabis is rapidly expanding across the United States. As the industry continues to evolve, so do the regulations that govern it. Depending on where you live, you'll find various types of legislation regarding cannabis usage, possession and sale. In addition, different states have different restrictions and rules for medical and recreational use — even within states that have legalized marijuana for both purposes!
Consumers of cannabis products including cannabis edibles, tinctures and cannabis vapes need to be aware of their local laws to stay compliant and safe. Understanding state-by-state cannabis laws are necessary for anyone who uses marijuana or wants to open a business related to its production or sale. In this article, we'll discuss what you need to know about these laws and how they vary from one region to another. Let's get started!
The legal status of cannabis varies significantly from state to state. While some states have legalized the recreational use of cannabis, others have only legalized it for medical purposes. In addition, there are a few states where all forms of cannabis use, even for medical purposes, remain illegal.
In states that allow recreational or medical cannabis use, there are usually regulations about who can purchase and possess the drug. For example, in many states individuals must be at least 21 years old to buy and possess cannabis products. Additionally, most states limit the amount of cannabis an individual can possess at any time.
It is essential to know your state's specific laws regarding cannabis before you purchase or consume any products containing it. Failing to do so could result in civil or criminal penalties depending on the laws of your particular state. Therefore, it is essential to understand your state's laws before consuming cannabis products to ensure that you comply with them.
It is important to understand the difference between federal level and state laws when it comes to cannabis. Federal law still considers cannabis an illegal substance, while many states have passed legislation that legalizes or decriminalizes the use of cannabis. In other words, while Federal law prohibits the sale, possession, and consumption of marijuana in any form, many states have chosen to either legalize or decriminalize these activities.
The differences between federal and state laws can be complex and confusing for anyone not a lawyer or well-versed in legal terminology. However, it is essential to understand these distinctions to protect yourself from potential legal consequences. For example, if you are caught with cannabis in a state where it is strictly prohibited by federal law, you could face severe criminal penalties.
On the other hand, if you are caught with cannabis in a state where it has been legalized or decriminalized, you may only face minor civil penalties such as fines or community service.
When considering state-by-state cannabis laws, it is important to consider both the legal implications of each state's stance on marijuana as well as its cultural attitude towards the drug. Depending on which state you live in, there may be different attitudes towards recreational marijuana use and medical marijuana use.
It is also important to remember that even if your state has passed legislation allowing for recreational or medical marijuana use, federal law still prohibits it nationwide. Therefore, checking local laws before engaging in any cannabis-related activity is always best.
Understanding the various nuances of state-by-state cannabis laws can be difficult, but necessary to make sure you remain compliant with all applicable regulations and avoid any potential legal consequences. In addition, knowing how each state views cannabis will help ensure that your actions remain within the confines of local and federal law.
Legal status - Mixed
Medicinal - Yes
Decriminalized - No
Alabama is one of only 19 states that still criminalizes simple possession of cannabis. A bill, SB 160, has been introduced that would reduce the penalty for possession of fewer than two ounces to a violation with a $250 fine for a first offense, $500 for a second offense, and $750 for third and subsequent offenses.
It would also provide expungement provisions for past offenses. Currently, possession of cannabis is considered a misdemeanor punishable with up to a year in jail and/or a fine of up to $6,000. SB 160 is expected to receive a hearing by the Judiciary Committee soon.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
Voters in Alaska have been long-time supporters of cannabis reform, and in 1998 they made the state one of the first three (tied with Washington and Oregon) to legalize medical marijuana.
In 2014, Alaska became the third state to legalize cannabis use for adults. This was approved by 53% of Alaska voters who supported Ballot Measure 2. This allowed those 21 years of age and older to cultivate up to six plants and purchase up to one ounce of flower or seven grams of concentrate. While some cities and towns have banned retail sales, many, like Anchorage, Juneau and Fairbanks, have retail cannabis stores.
However, those under the age of 21 are still not able to legally purchase medical cannabis, and medical patients over 21 are not exempted from cannabis taxes.
Legal status - Mixed
Medicinal - Yes
Decriminalized - No
In November 2022, Arkansas voters had the opportunity to make history by voting on Issue 4, a constitutional measure to legalize cannabis for adults. However, with just over half of eligible voters participating, the action was defeated by a 56.3% - 43.7% margin.
Recent polls show that the majority of Arkansans are actually in favor of cannabis legalization, which gives hope for future attempts to pass such measures. Thankfully, voters also rejected Issue 2, which would have raised the threshold for approval for constitutional amendments from a 50% simple majority to a 60% supermajority.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
The 2016 Election Day vote officially made it so that responsible adults 21 and over in California can possess up to an ounce or less of marijuana and securely cultivate up to six plants. This is a huge step forward from the state's previous policies, which, despite reducing penalties, still punished tens of thousands of adults each year for possessing a substance that is objectively safer than alcohol and tobacco.
Moreover, in the past decade, an astonishing 500,000 people have been arrested in California on marijuana-related charges, a large portion of whom are minorities. As a result, the state is now shifting its focus to ensuring that the profits of marijuana sales go to responsible businesses and state budgets rather than to criminals.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
In 2012, Colorado became the first in the nation (tied with Washington state) to legalize cannabis for adults through a voter-enacted constitutional amendment. This amendment allowed adults 21 and older to possess up to one ounce of cannabis, grow six plants (three mature), and purchase cannabis from regulated businesses.
Since then, the legislature has made several improvements to the law. These include allowing home delivery in cities and counties that will enable it (HB 1234, 2019), allowing cannabis hospitality (HB 1230, 2019), increasing the possession limit to two ounces (HB 21-1090, 2021), and revising medical cannabis provisions (HB 1317, 2022).
While Colorado’s cannabis laws have come a long way, other states have surpassed them in certain areas. For example, several states — including California, New Jersey, and New York — provide employment protections for cannabis consumers. In Colorado, however, both medical cannabis and adult-use consumers can still be fired for using cannabis off-hours and for testing positive, many hours, days, or even weeks later. For using cannabis off-hours and testing positive, many hours, days, or weeks later.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
Connecticut officially launched cannabis sales for adults aged 21 and over on January 10, 2023. This followed the Social Equity Council's vote to allow existing medical marijuana producers to receive an expanded license and supply both the adult-use and medical marijuana consumers. To ensure patient supply, the law required the approval of at least 250,000 square feet of growing and manufacturing space for adult-use production before retail sales could begin. On the 10th, seven dispensaries opened, with the remaining two opening in the upcoming weeks.
Adults 21 and over can purchase up to 1/4 ounce of cannabis or its equivalent per transaction. In addition, possession of up to 1.5 ounces of cannabis and up to 5 ounces in a locked container at home or locked glovebox has been allowed since 2021, when the initial provisions of the legalization law came into effect.
Legal status - Mixed
Medicinal - Yes
Decriminalized - Yes
The 2015 bill, HB 39, to decriminalize cannabis possession in Delaware went into effect that year, making possessing up to one ounce of cannabis a civil violation punishable by a $100 fine with no possibility of jail. Before this, possession of cannabis was a misdemeanor punishable by a $575 fine and up to three months in jail. In July 2019, Gov. Carney signed SB 45 into law, extending the decriminalization to those under 21.
Fast-forward to January 2023, and Rep. Ed Osienski (D) has introduced two separate cannabis bills - HB 1 and HB 2. HB 1 would legalize possession of up to an ounce of cannabis for those 21 and older with no fees or taxes.
It has passed the House Health and Human Development Committee and will require a simple majority of 21 votes if approved on the House floor. HB 2, which would regulate and tax cannabis sales for those 21 and older, has been approved by the House Revenue and Finance Committee and must be considered by the House Appropriations Committee before heading to the House floor, where it will need a supermajority of 25 votes to pass.
The current governor, John Carney, vetoed a cannabis legalization bill in the past (HB 371), which would have legalized possession of up to one ounce of cannabis for adults 21 and older. However, with new members in the General Assembly, there is hope that this could be the year Delaware finally legalizes cannabis.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
On January 31, 2023, Washington D.C.'s Mayor Muriel Bowser approved a landmark law expanding the District's medical cannabis program. The Medical Cannabis Amendment Act of 2022 lifts the existing limits on cannabis business licensing, grants tax credits to operators, emphasizes social equity, and introduces new regulated business categories such as on-site consumption sites.
Moreover, the legislation makes it possible for people aged 21 and over to access medical cannabis from dispensaries without having to go through the hassle of seeking a doctor's recommendation.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - No
In 2020, Senator Bobby Powell (D) introduced Senate Bill 470, aiming to reduce the penalty for possessing up to 20 grams of cannabis to a $100 fine plus court costs. Subsequently, Representative Dotie Joseph (D) followed suit with House Bill 725, proposing a $50 fine for possession of up to one ounce of cannabis. Finally, Representative Mike Caruso (R) filed House Bill 957, which would decriminalize possession of up to 20 grams.
All three of these bills have been re-introduced for the 2022 legislative session. Despite the passage of a medical cannabis program in 2014, Florida remains one of only 19 states where simple possession of cannabis still carries the risk of jail time.
Legal status - Fully legal
Medicinal - CBD Oil Only
Decriminalized - No
In Georgia, the use of marijuana is still heavily penalized, with imprisonment still being a possible sentence for possession. This makes it one of only nineteen states still imposing such a measure. Further, it is one of only thirteen without a medical marijuana program - the only exception being the allowance of cannabis-derived products of up to 5% THC.
With the legislature has adjourned for the year, it is up to the voters to decide whether or not to further the cause of marijuana policy reform by electing more cannabis-friendly legislators this fall. This election will be crucial to the marijuana policies implemented in the next four years.
Legal status - Mixed
Medicinal - Yes
Decriminalized - Yes
The Hawaii Senate gave its approval in March 2023 to a bill that would make the state the 22nd in the United States to legalize recreational marijuana. SB 669 passed with a 22-3 vote and is now headed to the House of Representatives for consideration.
The measure would permit adults aged 21 and older to possess, transport, and transfer up to 30 grams (one ounce) of cannabis. It would also allow individuals to cultivate up to six plants in their homes, with no more than three mature, flowering plants. Furthermore, the bill provides for the expungement of certain marijuana-related convictions and reduces the penalties for unlicensed cannabis cultivation and sales.
Legal status - Fully illegal
Medicinal - No
Decriminalized - No
In Idaho, marijuana usage is not allowed, as most of its population is strongly influenced by conservative values and a prominent Mormon demographic. Even though Idaho is surrounded by six states and Canada, which all allow some form of marijuana usage, the idea of 'Whacky Tobaccy' still has a negative connotation.
The smallest drug crime possible in Idaho is possession of a controlled substance, such as marijuana. However, for a conviction to occur, the prosecutor must demonstrate that the accused did more than just come in contact with the drug. This was tested when one case was reversed after the defendant claimed he had only touched the marijuana to discard it. Instead, he had discovered it in a friend's pocket before taking him to the hospital for emergency care.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
In Illinois, individuals can legally possess up to 30 grams (around one ounce) of cannabis flower. However, it is not permitted to smoke, vape, or consume cannabis in motor vehicles or public spaces.
Selling cannabis to anyone is also against the law. In addition, federal law prohibits travelling across state borders with any amount of cannabis. The Cannabis Regulation and Tax Act allocates 25 percent of all cannabis tax revenue to fund Restore, Reinvest, Renew (R3) program, which helps support communities suffering from economic disinvestment, violence, and the adverse effects of the war on drugs.
Legal status - Mixed
Medicinal - CBD Oil Only
Decriminalized - No
In Indiana, cannabis-related bills were introduced during the 2022 legislative session, but none of them was able to progress out of committee. This means that Indiana is now one of just thirteen states with no medical marijuana law and one of nineteen still carrying jail time for having even a tiny amount of cannabis.
Possessing a single joint can result in a year in prison and up to a $5,000 fine, while those with a prior drug conviction could face up to twelve months of jail time and a maximum $5,000 fee for having less than thirty grams of marijuana.
Legal status - Mixed
Medicinal - CBD Oil Only
Decriminalized - No
In contrast to many other states in the nation and the region, Iowa has yet to make progress regarding marijuana policy. While 31 states have legalized cannabis for adult use, Iowa continues to criminalize the possession of small amounts of marijuana, even in the case of a first offense.
In this state, an individual found holding a single joint can face up to six months in jail and a $1,000 fine, making it one of the most strict jurisdictions in the country in terms of marijuana laws. However, other states such as Illinois, Nebraska, Minnesota and Missouri have legalized or decriminalized simple marijuana possession.
Legal status - Fully illegal
Medicinal - No
Decriminalized - No
Kansas is one of only a small handful of states that have yet to pass a comprehensive medical marijuana law, and that still punishes simple possession of cannabis with jail time. Despite Gov. Laura Kelly's vocal support for medical cannabis, the Kansas House of Representatives passed a medical cannabis bill in 2021. Yet, the Senate failed to enact medical marijuana legislation that year and in 2022 before adjourning for the year.
Legal status - Mixed
Medicinal - CBD Oil Only
Decriminalized - No
Individuals in Kentucky diagnosed with one of the 21 medical conditions may be eligible to possess and use marijuana purchased legally from other states, provided they have a written certification from a medical provider with a bona fide patient-provider relationship to them. Possession of up to eight ounces of marijuana is a misdemeanor, carrying a maximum sentence of 45 days imprisonment and a maximum fine of $250.
Legal status - Mixed
Medicinal - Yes
Decriminalized - Yes
In Louisiana, possessing up to 14 grams or less of cannabis is considered a minor offense, carrying a fine of no more than $100. However, the use of marijuana for medicinal purposes is allowed, provided a physician has issued a written recommendation for a debilitating condition. Before statewide decriminalization, the cities of New Orleans, Baton Rouge, and Shreveport had already taken steps to lessen the penalties for possessing small amounts of marijuana.
Legal status - Mixed
Medicinal - Yes
Decriminalized - Yes
In the state of Maine, marijuana is now legal for recreational purposes. Starting in 1999, the state passed their first medical cannabis law, enabling patients to grow marijuana plants for their own personal use. Portland and South Portland subsequently decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively. Finally, 2016 saw Maine voters approve the full legalization, retail sale and taxation of marijuana, also known as adult-use marijuana.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
On November 3, 2020, Maryland residents voted in favor of Question 4, a constitutional amendment to legalize cannabis for adults beginning July 1, 2023. This referendum was supported by an overwhelming majority (67.2 percent) of voters, making it the most successful ballot measure to legalize cannabis yet.
As a result, cannabis is legal for medical use and temporarily decriminalized for recreational use from January 1, 2023, thru June 30, 2023, with possession of 1.5 oz (42 grams) or less no longer being an offense. On July 1st, 2023, full legalized recreational use of 1.5 oz or less will become a reality.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
After a century of criminalizing recreational cannabis, Massachusetts became the first U.S. state to legalize it through a vote in 2016. Now, the use of cannabis is legal for both medical and recreational purposes in the state. This decision's legal and cultural implications have impacted the state's residents.
On November 8, 2016, Bay State voters passed Question 4, the historic MPP-supported ballot initiative, which ended cannabis prohibition for adults 21 and older. As a result, cannabis became legal in Massachusetts on December 15, 2016, allowing adults to grow and possess it.
On November 20, 2018, recreational dispensaries began selling cannabis to adults, and by October 2020, the state had more than 80 stores and over $1 billion in sales, generating an estimated $170 million in tax revenue. The state's first-of-its-kind social equity program was delayed initially. Still, in 2020, the Cannabis Control Commission announced that all delivery licenses would be reserved for social equity and economic opportunity applicants for the first three years.
Cannabis in Massachusetts is legal for medical and recreational use. It also relates to the legal and cultural events surrounding the use of cannabis. A century after becoming the first U.S. state to criminalize recreational cannabis, Massachusetts voters elected to legalize it in 2016.
This is one of the promotional adverts that ran pre-ballot.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
In November 2018, Michigan became the tenth state in the US to legalize the recreational use of marijuana following the passing of the Michigan Regulation and Taxation of Marijuana Act with 56% of the vote. This followed the 2008 Michigan Compassionate Care Initiative, which made medical cannabis legal in the state with 63% of the vote. In December 2019, the state officially launched the sale of recreational marijuana in licensed dispensaries.
Legal status - Mixed
Medicinal - Yes
Decriminalized - Yes
As of 2014, cannabis use in Minnesota is allowed for medical purposes. In addition, starting from July 1, 2022, it was permissible to consume food and drinks that contain THC so long as the quantity of THC does not exceed 5mg per serving. Nevertheless, recreational smoking of cannabis is still prohibited.
The comprehensive 250-page bill provides for home cultivation, measures to promote equity, financing for substance abuse prevention and therapy, and cannabis training and start-up support, particularly to social equity applicants.
Legal status - Mixed
Medicinal - Yes
Decriminalized - Yes
In Mississippi, cannabis is only allowed for medical use, while non-medical use is strictly prohibited. Decriminalization of minor possession was implemented in 1978. However, it is still considered a misdemeanor. Therefore, being sentenced to jail time is not a risk for the first offense, but a fine of up to $250 and a maximum of 90 days in jail is still possible.
Nevertheless, probation is always given instead of a jail sentence. According to the Mississippi Code of 1979, having less than 30 grams of marijuana is a misdemeanor.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
Missourians voted in favor of legalizing recreational cannabis use in November 2022, with the measure passing by a margin of 53-47. On December 8th of that year, adults aged 21 and older gained the right to possess marijuana, and the first licensed sales occurred on February 3, 2023. Before this, medical cannabis was legal in 2018, with the first sale in October 2020.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
As of January 1st, 2021, marijuana has been made legal in the US state of Montana for both medical and recreational purposes, thanks to Initiative 190. Localities across the state had the opportunity to vote on additional cannabis policy measures in the November 2022 election. Some approved the sale of adult-use cannabis and additional local taxes on the drug, while others voted against similar proposals. As the legal cannabis industry in Montana continues to grow, more and more localities are embracing the opportunity to make cannabis commercially available.
Legal status - Fully illegal
Medicinal - No
Decriminalized - Yes
In Nebraska, cannabis is illegal, but a first-time offense for possessing small amounts was downgraded to a civil infraction in 1979. Unfortunately, supporters of medical cannabis have been met with obstacles as of late. For instance, a court ruling hindered a constitutional medical cannabis initiative from being put on the ballot in 2020. Therefore, Nebraskans for Medical Marijuana moved forward with two statutory ballot petitions for the 2022 election, though they were only a few thousand signatures away from the required threshold.
The issue will be brought up in the 2023 legislative session, and the hope is that state senators will support the passage of a medical cannabis law. Senator Anna Wishart has advocated for the issue, but some Republicans have blocked it from a vote. However, with a strong backing of grassroots support, advocates are looking towards possibly qualifying for the ballot in 2024.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
On January 1, 2017, Nevada officially legalized cannabis for recreational use when ballot measure Question 2 was passed during the 2016 ballot. This allowed for the first licensed sales of recreational cannabis to take place on July 1, 2017. The legalization of medical cannabis was established before this because two ballot initiatives passed in 1998 and 2000, and legislation allowing for licensed sales was approved in 2013. By July 31, 2015, the first medical cannabis dispensary opened.
Legal status - Mixed
Medicinal - Yes
Decriminalized - Yes
New Hampshire is the only state in New England that has not legalized and regulated cannabis for adult use. However, that could change as early as 2023. Currently, recreational cannabis use is illegal, and possession of up to three-quarters of an ounce (21 g) is decriminalized as of July 18, 2017. In addition, a bill passed in 2013 allows cannabis to be used for patients with chronic or terminal illnesses and debilitating medical conditions only after all other treatment methods have failed.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
The legalization of cannabis in New Jersey became effective on the first of January 2021, with Governor Phil Murphy signing the enabling legislation and related bills into law on the 22nd of February. On the 21st of April 2022, the New Jersey adult-use cannabis market finally opened. The New Jersey Cannabis Regulatory Commission gave authorization to 13 dispensaries to begin operations. In addition, it allowed seven alternative treatment centers to start selling adult-use cannabis to persons over 21 without needing a medical card.
The CRC also issued guidelines which state that medical patients can purchase up to three ounces every 30 days, while adult-use consumers can buy a maximum of one ounce per transaction.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
On April 1, 2022, New Mexico will join the states that have legalized adult-use cannabis. This came exactly a year after Governor Michelle Lujan Grisham signed the Cannabis Regulation Act into law, making New Mexico the eighteenth state to legalize adult-use cannabis and the fifth to do so through the legislative process. As of this date, adults 21 and over may purchase recreational cannabis at retail stores. Additionally, adults can legally possess up to two ounces of the substance and grow six mature plants.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
On December 29th of, 2022, New York allowed the sale of cannabis products to adults aged 21 and over. Under the law passed in March of 2021, individuals can purchase up to 3 ounces of cannabis and 24 grams of cannabis concentrate.
Starting October 5th, medical cannabis patients aged 21 and over can also cultivate their cannabis plants; 3 mature and three immature plants. Additionally, designated caregivers with the proper certification can grow up to 6 plants to support the needs of minors and those unable to cultivate their own. Home-grown cannabis cannot be sold and must be grown in secure, private locations to prevent access to minors.
Legal status - Fully illegal
Medicinal - No
Decriminalized - Yes
Cannabis in North Carolina is illegal except for minimal medical usage, though decriminalized for possessing 0.5 ounces or less. Due to this inaction, North Carolina remains an outlier as one of only 13 states that have not enacted a medical cannabis program.
Legal status - Mixed
Medicinal - Yes
Decriminalized - Yes
In North Dakota, cannabis is only permissible for medical use, leaving recreational use illegal. Although, since 2019, the state has decriminalized possession of up to a half ounce, which carries no jail time but is subject to a criminal fine of up to $1,000. Additionally, the cultivation of hemp is authorized in North Dakota.
Legal status - Mixed
Medicinal - Yes
Decriminalized - Yes
Possessing up to 100 grams (3+1/2 oz) of cannabis has been decriminalized since 1975 in Ohio, with certain cities enacting even more liberal policies. The state officially recognized the medicinal value of cannabis in 2016, legalizing it for medical use. The movement to make cannabis legal for recreational use is gaining momentum, with a proposal to be presented to the state legislature in 2023.
Legal status - Mixed
Medicinal - Yes
Decriminalized - No
In Oklahoma, medical marijuana is allowable, while recreational use is still illegal. Several activist organizations and individuals are pushing for the legalization of adult-use through ballot initiatives. ORCA, or Oklahomans for Responsible Cannabis Action, has proposed two constitutional amendments, State Question 818 and State Question 819.
The former, SQ 818, aims to create the State Cannabis Commission. At the same time, the latter, SQ 819, seeks to legalize marijuana for those over the age of 21 via the Oklahoma Marijuana Regulation and Right to Use Act.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
Oregon has a long history of dealing with cannabis. It was the first state to decriminalize the possession of small amounts of the drug and one of the first to allow it for medical use. In 1997, a measure to recriminalize the possession of small amounts of cannabis was rejected by voters. In more recent years, marijuana, hashish, THC, kief, and other forms of cannabis have become legal in the state for both medical and recreational purposes.
Legal status - Mixed
Medicinal - Yes
Decriminalized - No
The recreational use of cannabis is not allowed in Pennsylvania. Yet, possessing limited amounts of the substance is not considered a criminal offense in some of the state's largest cities. In 2016, a bill was approved by the state legislature, which authorized the use of cannabis for medicinal purposes.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
Rhode Island recently ended the prohibition of cannabis in May 2022, thus becoming the 19th state to do so. Adult-use cannabis is now available for purchase from five dispensaries in the state, with plans to open 28 more in the upcoming year. Some licenses will be reserved for social equity applicants and worker-owned cooperatives. Medical cannabis has been legal in Rhode Island since 2006 and is supplied by nearly 70 cultivators allowed to sell products to adult-use cannabis businesses.
Legal status - Fully illegal
Medicinal - No
Decriminalized - No
In South Carolina, marijuana use is prohibited for recreational purposes, and the use of low-THC CBD oil is only allowed for specific medical needs. If a person is charged with marijuana possession, the consequences can be severe. Such a conviction can include up to 6 months in jail, a fine of up to $1,000, or a combination of both, depending on the amount of marijuana involved.
Legal status - Mixed
Medicinal - Yes
Decriminalized - No
On November 3, 2020, voters in South Dakota passed a ballot initiative legalizing medical cannabis, making the state the last in the US to allow the ingestion of controlled substances. However, an amendment legalizing recreational marijuana that was approved in the same election was deemed unconstitutional by the South Dakota Supreme Court in February 2021 due to it violating Amendment Z, the 'Single-Subject Rule'.
Therefore, as of July 1, 2021, medical marijuana is now legal in South Dakota, and testing positive for cannabis can be a misdemeanor offense. If the recreational marijuana amendment had been upheld, South Dakota would have been the first state in US history to legalize medical and recreational cannabis simultaneously.
Legal status - Mixed
Medicinal - CBD Oil Only
Decriminalized - No
In Tennessee, medical marijuana use is not yet available, and possession of a half-ounce or less of cannabis is still a criminal offense, with imprisonment as a potential punishment. This means that the state remains one of only 13 in the U.S. without a viable medical cannabis program and one of 19 that continues to jail people for possessing small amounts of the drug. However, some legal allowances exist for non-psychoactive CBD oil as a form of medical cannabis.
Legal status - Mixed
Medicinal - CBD Oil Only
Decriminalized - No
In Texas, recreational cannabis is unlawful. Bearing up to two ounces is a Class B misdemeanor, with a possible penalty of up to 180 days in jail, a fine of up to $2000, or both. However, several major municipalities in the state have instigated reforms to lessen charges or restrict enforcement.
Medical use of cannabis is permissible only in low-THC cannabis oil, with less than 1% THC if a doctor's permission is given or less than 0.3% THC without. In 2015, legislation was passed to allow medical marijuana. Before 1973, Texas had the most stringent cannabis regulations of all the states, with any amount constituting a felony, punishable by two years to life in prison. The outlawing of possession in the state happened in 1931.
Legal status - Mixed
Medicinal - Yes
Decriminalized - No
In November 2018, the state of Utah legalized the use of medical cannabis through a ballot measure after passing a CBD-only law in 2014 and a ‘right to try’ law in March 2018. This allowed for the opening the first medical cannabis “pharmacy” in Salt Lake City in March 2020. In addition, to make the program even more accessible to patients, delivery and drive-through services are now available. Despite the legalization of medical cannabis, recreational use remains illegal, and possession of small amounts is still considered a misdemeanor.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
As of May 2004, cannabis use in Vermont has been legal for medical purposes. Then, on July 1, 2018, recreational use was also made legal. In addition, the Vermont Cannabis Control Board recently issued its first licenses for adult-use cannabis retail sales. On October 1, 2022, legal sales of cannabis will commence for adults aged 21 and over.
With a valid ID, individuals can purchase up to one ounce of marijuana or 8,400 milligrams of THC in any other product. Vermont is now the 11th state in the US to regulate adult-use cannabis sales and the second to have done so legislatively rather than by voter initiative.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
Virginia made history in 2021 by becoming the first state in the South, and the 17th in the nation, to legalize cannabis for adults. It is now legal for individuals over 21 to possess and share up to one ounce of marijuana and cultivate up to four plants at their primary residence without any commercial transaction. This resulted in Governor Ralph Northam signing a bill in April 2020 to decriminalize simple marijuana possession, which went into effect in July 2020.
Both houses of Virginia's General Assembly then passed legislation to fully legalize cannabis in February 2021, with the law to take effect in 2024. Virginia is the first state in the southern United States to legalize the drug.
Legal status - Fully legal
Medicinal - Yes
Decriminalized - Yes
On December 6th, 2012, Washington became the first state to legalize recreational marijuana use and sales. This was a significant milestone, as the state had previously legalized medical marijuana in 1998. According to state legislation, cannabis is now legal for both medical and recreational purposes for adults over 21.
Washington State beat Colorado by a mere three hours to become one of the first two states to legalize adult-use cannabis, thanks to a successful voter-approved initiative known as I-502. Interestingly, Washington State still criminalizes adults for privately growing a small number of cannabis plants.
Legal status - Mixed
Medicinal - Yed
Decriminalized - No
Possession of cannabis for recreational use is prohibited in West Virginia, and any amount of it is considered a misdemeanor offense. Despite this, the state legalized medical marijuana in 2017. To this day, West Virginia is one of the 19 states that have yet to decriminalize cannabis possession. According to the current law, anyone with any quantity of cannabis must be sentenced to a minimum of 90 days in jail (though a conditional discharge with probation may be given for up to 15 grams).
Legal status - Mixed
Medicinal - Yed
Decriminalized - CBD Oil Only
Cannabis use in Wisconsin remains strictly illegal for recreational purposes, making it one of the 19 states that still impose jail time for possession. A first offense could result in a fine of up to $1000 and 6 months behind bars, with a second offense being treated as a felony and punishable with up to 3.5 years in prison and a maximum fine of $10,000.
Despite neighboring states such as Michigan, Illinois, and Minnesota legalizing cannabis or introducing medical cannabis programs, Wisconsin has yet to follow suit. However, some counties and municipalities have decriminalized cannabis or lessened penalties for minor possession offenses. In addition, only low-THC cannabis oil (CBD oil) is legal for medical use.
Wisconsin was once a leading hemp producer, with the last hemp-producing company (Rens Hemp Company) in the country operating in the state before federal prohibition. In 2017, a law was passed that reauthorized hemp cultivation in the state.
Legal status - Fully illegal
Medicinal - No
Decriminalized - No
In Wyoming, cannabis is strictly prohibited, and the state has some of the most stringent cannabis laws in the US. However, in 2015, a law was passed that permits the limited usage of non-psychoactive Cannabidiol.
If caught with less than three ounces (85 g) of cannabis, it is considered a misdemeanor, punishable by up to one year in jail and a $1000 fine; if more than three ounces is held, it is regarded as a felony. Unfortunately, Wyoming is one of few states that continue to criminalize adults and patients for possessing and using cannabis.
To address this, two separate bills were recently introduced; HB 106 proposes to decriminalize minor amounts of cannabis for adults, while HB 143 strives to create a medical cannabis program for those suffering from severe health conditions.
When it comes to the transportation of cannabis products, specific rules must be followed. However, depending on the state, these rules can vary significantly and must be considered when transporting cannabis. Therefore, it's essential to know each state's regulations and be aware of any potential consequences for not adhering to them.
Generally speaking, the transportation of cannabis is only permitted from the point of purchase to a private residence. This means that if you plan on taking cannabis with you when you travel, it must always stay within that same private residence. Additionally, it's important to note that while some states may allow the transportation of recreational marijuana between two private residences, this is typically not allowed in other states. Additionally, any THC product should remain in its original packaging and never be opened or consumed during transport.
Each state has laws surrounding who may transport cannabis products and how they can do so safely and responsibly. For instance, some states require individuals transporting marijuana products to have a valid driver’s license or ID card, while others may require special permits or licenses. Furthermore, many states limit the amount of marijuana that can be transported at one time or restrict how far from the dispensary it can travel before reaching its destination.
It's essential to research and understands state-by-state laws regarding cannabis transportation before attempting to transport any kind of product containing THC to avoid breaking any laws or facing potential consequences for doing so. Knowing what is allowed and what isn't allowed will help ensure that anyone transporting cannabis does so safely and legally according to their state's regulations.
In conclusion, it’s essential to understand the various state-by-state cannabis laws when considering its use. Cannabis has many medical benefits and can be used in multiple ways. However, each state has different regulations regarding the sale, production, and transportation of cannabis products. Furthermore, there are restrictions on where cannabis can be used.
It’s essential to be aware of all these regulations before using any cannabis product. It’s also important to ensure that whatever type of product you use is legal in your particular state. If you’re unsure about any part of the law, it’s best to consult a legal professional or someone familiar with the laws for further advice and guidance.
