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Map of cannabis laws in the US
Legality of cannabis in the United States
  Legal for recreational use
  Legal for medical use
  No comprehensive medical program
● Decriminalized
Notes:
· Reflects laws of states and territories, including laws which have not yet gone into effect. Does not reflect federal, tribal, or local laws.
· Map does not show state legality of hemp-derived cannabinoids such as CBD or delta-8-THC, which have been legal at federal level since enactment of the 2018 Farm Bill.

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]

By state

[edit]
Legend:
  Legal for recreational use
  Legal for medical use
  Illegal
 D Decriminalized
State Recreational Medical Notes
 Alabama Misdemeanor for first offense, subsequent offenses felony Legal
Main article: Cannabis in Alabama
  • 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.[8]
 Alaska Legal Legal
Main article: Cannabis in Alaska

Legalized by Measure 2 on November 4, 2014.[9]

 Arizona Legal Up to 1 oz (28 g)[10]
Main article: Cannabis in Arizona
 Arkansas Illegal Legal
Main article: Cannabis in Arkansas
  • Possession under 3 oz (85 g) a misdemeanor; cities of Fayetteville and Eureka Springs labeled cannabis their lowest law enforcement priority.
  • November 8, 2016: medical marijuana legalized when Issue 6 was approved by 53% of voters.[15]
 California Legal Legal
Main article: Cannabis in California
  • July 1975: Senate Bill 95 reduced the penalty for possession of 1 oz (28 g) or less of cannabis to a citable misdemeanor.[16]
  • November 1996: first state to legalize medical marijuana when Proposition 215 was approved by 56% of voters.[17]
  • November 2016: Proposition 64 passed by 57% to 43%, legalizing sale and distribution, effective January 1, 2018.[18]
 Colorado Legal Legal
Main article: Cannabis in Colorado
  • 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.[19][20] Colorado became the second state to legalize, going into effect four days after Washington state,[20] however, it was the first state for legal retail sales to become established.[21]
  • 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.
 Connecticut Legal Legal
Main article: Cannabis in Connecticut
  • 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.[22]
 Delaware D Decriminalized (civil infraction) Legal
Main article: Cannabis in Delaware
 Florida Illegal Legal
Main article: Cannabis in Florida
  • November 8, 2016: medical marijuana legalized as of July 1, 2017, when voters passed Amendment 2 by 71%.[25]
 Georgia Illegal; decriminalized in the cities of Atlanta,[26] Clarkston,[27] Forest Park,[28] Savannah, South Fulton,[29] Statesboro,[30] unincorporated Fulton County,[31] and Macon–Bibb County. CBD oil (less than 5% THC)
Main article: Cannabis in Georgia (U.S. state)
  • 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.[32] 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.[33] 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.[34]
 Hawaii D Decriminalized[35] Legal
Main article: Cannabis in Hawaii
  • June 15, 2000: Governor Ben Cayetano signed bill legalizing medical marijuana. First state legislature to do so.[36][37]
  • July 14, 2015: Governor David Ige signed bill allowing medical cannabis dispensaries.[38]
  • July 14, 2016: Governor Ige signed law expanding medical cannabis programs.[39]
  • 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.[35]
 Idaho Misdemeanor (85 g (3.0 oz) or less) CBD oil (less than 0.1% THC)
Main article: Cannabis in Idaho
  • 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.[40]
  • 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.[41]
  • 2021: Senate Bill 1017 is signed into law by Governor Brad Little expanding legal CBD access from 0.0% to 0.1% THC.[42]
 Illinois Legal[43] Legal
Main article: Cannabis in Illinois
  • Cannabis Control Act of 1978 allowed for medical marijuana but was never implemented.[44][45]
  • August 1, 2013: Gov. Pat Quinn signed bill legalizing medical marijuana effective January 1, 2014.[46]
  • 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).[47] 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.[48][43]
 Indiana Misdemeanor (up to 6 months in jail, $1000 fine) CBD oil (less than 0.3% THC) legal for any use
Main article: Cannabis in Indiana
  • 1913: prohibited
  • Decriminalized in Marion County[49]
  • Delta-8 products allowed[50]
 Iowa Illegal THC content of 4.5 grams per patient in a 90-day period
Main article: Cannabis in Iowa
  • 2014: CBD oil legalized
  • 2017: Medical CBD expanded
  • 2020: THC limits overhauled
 Kansas Misdemeanor CBD oil (containing 0% THC) legal for any use
Main article: Cannabis in Kansas
  • 1927: prohibited
  • 2018: CBD oil exempted from the definition of marijuana.[51][52][53]
 Kentucky Misdemeanor for less than 8 oz (230 g) CBD oil
Main article: Cannabis in Kentucky
  • 2014: CBD legalized
  • 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.[54][55]
 Louisiana D Decriminalized up to 14 grams (0.49 ounces) Legal
Main article: Cannabis in Louisiana
  • 1924: prohibited
  • 2015: medical cannabis legalized
  • 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.[56]
 Maine Legal Legal
Main article: Cannabis in Maine
  • 1913: Prohibited
  • 1976: Decriminalized
  • 1999: Medical cannabis legalized[57]
  • 2009: Further decriminalized[58][59]
  • 2016: Legalized recreational[60]
 Maryland Legal beginning July 1, 2023 Legal
Main article: Cannabis in Maryland
 Massachusetts Legal Legal
Main article: Cannabis in Massachusetts
  • 2008: decriminalized cannabis by 63% vote on Question 2. 1 oz (28 g) or less punishable by $100 fine.[64][65]
  • 2012: medical marijuana legalized when Question 3 passed by 60%.[66][67]
  • 2016: legalized recreational marijuana when Question 4 passed by 54%.[68]

See also

[edit]

Notes

[edit]
  1. ^ Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington (including states that have passed legislation to legalize but the law has not yet gone into effect)

References

[edit]
  1. ^ State-By-State Medical Marijuana Laws (PDF), Marijuana Policy Project, December 2016
  2. ^ a b "State Medical Marijuana Laws". National Conference of State Legislatures. November 4, 2020. Retrieved July 3, 2018.
  3. ^ Ingraham, Christopher (June 13, 2017). "Jeff Sessions personally asked Congress to let him prosecute medical-marijuana providers". The Washington Post. Archived from the original on June 13, 2017. Retrieved December 31, 2017.
  4. ^ "Marijuana Overview". National Conference of State Legislatures. October 17, 2019. Retrieved December 31, 2017.
  5. ^ Hudak, John (December 14, 2018). "The Farm Bill, hemp legalization and the status of CBD: An explainer". The Brookings Institution. Archived from the original on February 25, 2020. Retrieved June 3, 2019.
  6. ^ Williams, Timothy (May 6, 2019). "CBD Is Wildly Popular. Disputes Over Its Legality Are a Growing Source of Tension". The New York Times. Archived from the original on May 30, 2019. Retrieved June 3, 2019.
  7. ^ Mentzer, Rob (January 4, 2022). "A loophole in federal marijuana law has led to the creation of new THC product". NPR.
  8. ^ Cason, Mike (May 17, 2021). "Gov. Kay Ivey signs Alabama's medical marijuana bill". al.com. Retrieved May 17, 2021.
  9. ^ Ferner, Matt (November 5, 2014). "Alaska Becomes Fourth State To Legalize Recreational Marijuana". The Huffington Post. Archived from the original on June 12, 2016. Retrieved March 2, 2015.
  10. ^ Bassler, Hunter (September 21, 2020). "Everything to know about Proposition 207 and legal marijuana in Arizona before you vote". KPNX. Retrieved November 3, 2020.
  11. ^ "Arizona voters approve medical marijuana measure". CNN. November 14, 2010. Archived from the original on January 28, 2016. Retrieved February 4, 2014.
  12. ^ Christie, Bob (November 13, 2010). "Ariz. voters approve medical marijuana". Today. Associated Press. Archived from the original on January 6, 2014. Retrieved February 4, 2014.
  13. ^ "Arizona Becomes Fifteenth State To Legalize Limited Medical Use Of Marijuana". NORML. November 18, 2010. Retrieved February 4, 2014.
  14. ^ Randazzo, Ryan. "Arizona voters approve Proposition 207, making recreational marijuana legal in state". The Arizona Republic. Retrieved November 4, 2020.
  15. ^ "Arkansas Issue 6 — Medical Marijuana Amendment — Results: Approved". The New York Times. August 1, 2017. Archived from the original on February 16, 2019. Retrieved November 12, 2016.
  16. ^ Budman, K. B. (January 1977). "A First Report of the Impact of California's New Marijuana Law (SB 95)". National Technical Information Service. PB-268 180. Archived from the original on November 28, 2018. Retrieved February 4, 2014 – via the National Criminal Justice Reference Service.
  17. ^ Kaye, Jeffrey (November 7, 1996). "Decriminalized Marijuana". PBS NewsHour. Archived from the original on October 24, 2013.
  18. ^ McGreevy, Patrick (November 8, 2016). "Californians vote to legalize recreational use of marijuana in the state". Los Angeles Times. Archived from the original on January 2, 2018. Retrieved November 9, 2020.
  19. ^ "Colorado Laws and Penalties". NORML. Retrieved November 12, 2016.
  20. ^ a b "Colorado Legalization". NORML. December 10, 2012. Retrieved November 12, 2016.
  21. ^ Ingold, John (January 1, 2014). "World's first legal recreational marijuana sales begin in Colorado". The Denver Post. Archived from the original on March 26, 2017. Retrieved February 19, 2020.
  22. ^ Connecticut Governor Signs Marijuana Legalization Into Law, June 22, 2021
  23. ^ WUSA (August 31, 2016). "Delaware Gov. signs bill to allow marijuana for terminally ill". WKYC. Archived from the original on November 9, 2020. Retrieved November 12, 2016.
  24. ^ "Measure would expand medical marijuana to terminally ill patients". Delaware State News. May 19, 2016. Archived from the original on September 11, 2016. Retrieved November 12, 2016.
  25. ^ "Florida Amendment 2 — Expand Medical Marijuana — Results: Approved". The New York Times. August 1, 2017. Archived from the original on April 2, 2019. Retrieved November 12, 2016.
  26. ^ "Atlanta Joins List Of Cities That Decriminalized Marijuana". October 3, 2017. Retrieved September 13, 2018.
  27. ^ Thompson, Laura (September 16, 2016). "High hopes for Clarkston's marijuana ordinance". The Atlanta Journal-Constitution. Archived from the original on September 14, 2019. Retrieved January 29, 2019.
  28. ^ Ervin, Camile (August 30, 2018). "Forest Park Becomes 6th Georgia City To Decriminalize Marijuana". Georgia Public Broadcasting. Archived from the original on January 30, 2019. Retrieved January 29, 2019.
  29. ^ Kass, Arielle (March 21, 2018). "City of South Fulton decriminalizes marijuana possession". The Atlanta Journal-Constitution. Archived from the original on August 22, 2019. Retrieved January 29, 2019. {{cite news}}: |archive-date= / |archive-url= timestamp mismatch; April 22, 2019 suggested (help)
  30. ^ Szilagyi, Jessica (December 4, 2018). "Statesboro Council Makes Marijuana Possession Non-Arrestable Offense, Says "It's Not Decriminalization"". AllOnGeorgia. Archived from the original on April 22, 2019. Retrieved January 29, 2019.
  31. ^ Kass, Arielle (June 7, 2018). "Fulton County decriminalizes marijuana in unincorporated area". The Atlanta Journal-Constitution. Archived from the original on April 22, 2019. Retrieved January 29, 2019.
  32. ^ "2010 Georgia Code :: TITLE 16 - CRIMES AND OFFENSES :: CHAPTER 13 - CONTROLLED SUBSTANCES :: ARTICLE 1 - GENERAL PROVISIONS :: § 16-13-2 - Conditional discharge for possession of controlled substances as first offense and certain nonviolent property crimes; dismissal of charges; restitution to victims". Retrieved January 29, 2019 – via Justia Law.
  33. ^ "2010 Georgia Code :: TITLE 16 - CRIMES AND OFFENSES :: CHAPTER 13 - CONTROLLED SUBSTANCES :: ARTICLE 2 - REGULATION OF CONTROLLED SUBSTANCES :: § 16-13-30 - Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties". Retrieved January 29, 2019 – via Justia Law.
  34. ^ Bluestein, Greg (April 16, 2015). "Medical marijuana is now legal in Georgia". The Atlanta Journal-Constitution. Archived from the original on March 22, 2016. Retrieved April 16, 2015.
  35. ^ a b "Hawaii Governor Backs Decriminalizing Small Amounts Of Pot". Hawaii Public Radio. Associated Press. Retrieved June 25, 2019.
  36. ^ "Hawaii Becomes First State to Approve Medical Marijuana Bill – New York Times". The New York Times. Associated Press. June 15, 2000. Archived from the original on June 11, 2019. Retrieved February 4, 2014.
  37. ^ "Governor Signs Hawaii's Medical Marijuana Bill Into Law". NORML. June 15, 2000. Retrieved February 4, 2014.
  38. ^ "Hawaii Governor Signs Bill Legalizing Medical Marijuana Dispensaries". The Daily Chronic. July 15, 2015.
  39. ^ "Hawaii Governor Signs Medical Marijana Expansion Law". The Daily Chronic. July 14, 2016. Retrieved November 9, 2016.
  40. ^ "Idaho Laws and Penalties". NORML. Retrieved March 2, 2015.
  41. ^ "Cannabidiol (CBD)". Idaho Office of Drug Policy. Retrieved November 12, 2019.
  42. ^ "SENATE BILL 1017 – Idaho State Legislature". Retrieved April 25, 2021.
  43. ^ a b Lopez, German (June 25, 2019). "Illinois just legalized marijuana". Vox. Archived from the original on February 14, 2020. Retrieved June 25, 2019.
  44. ^ Thompson, Claire (April 8, 2010). "Medical Marijuana Is Already Legal in Illinois". Chicago Reader. Archived from the original on May 23, 2015.
  45. ^ "720 ILCS 550/ Cannabis Control Act". Illinois General Assembly.
  46. ^ Ahern, Mary Ann; Relerford, Michelle (July 31, 2013). "Illinois Becomes 20th State To Legalize Medical Marijuana". WMAQ-TV. Archived from the original on March 4, 2016.
  47. ^ Petrella, Dan (May 31, 2019). "Illinois House approves marijuana legalization bill backed by Gov. J.B. Pritzker". Chicago Tribune. Archived from the original on September 23, 2019. Retrieved June 1, 2019.
  48. ^ Hansen, Claire (May 31, 2019). "Illinois Lawmakers Approve Marijuana Legalization". U.S. News & World Report. Archived from the original on November 7, 2019. Retrieved June 1, 2019. {{cite news}}: |archive-date= / |archive-url= timestamp mismatch; November 7, 2020 suggested (help)
  49. ^ Van Wyk, Rich (September 30, 2019). "Marion County will no longer prosecute simple marijuana cases". Archived from the original on January 19, 2022. Retrieved July 5, 2022.
  50. ^ Legan, Mitch (March 17, 2022). "Delta 8 THC survived the 2022 legislative session, but will it make it next year?". WFYI.
  51. ^ "Join the Marijuana Policy Project". Marijuana Policy Project. Retrieved June 3, 2018.[permanent dead link]
  52. ^ "Kansas: New Law Excludes CBD From The Criminal Code". NORML. Retrieved June 3, 2018.
  53. ^ "SB 282" (PDF).
  54. ^ Jaeger, Kyle (November 15, 2022). "Kentucky Governor Signs Executive Orders Allowing Medical Marijuana Possession From Other States And Regulating Delta-8 THC". Marijuana Moment. Retrieved November 17, 2022.
  55. ^ "Gov. Beshear To Allow Kentuckians With Severe Medical Conditions To Use Medical Cannabis for Treatment". www.kentucky.gov. November 15, 2022. Retrieved November 18, 2022.
  56. ^ Karlin, Sam (June 15, 2021). "John Bel Edwards signs bill decriminalizing marijuana, says it's not decriminalization". The Advocate. Retrieved June 15, 2021.
  57. ^ "Referendum Election Results, Questions 1-3 – November 2, 1999 (Secretary of State, State of Maine, U.S.A.)". Maine.gov. November 2, 1999. Archived from the original on November 6, 2014. Retrieved February 4, 2014.
  58. ^ "Maine: Lawmakers Expand Marijuana Decriminalization Law". NORML. May 7, 2009. Archived from the original on July 1, 2017. Retrieved February 4, 2014.
  59. ^ "PUBLIC Law, Chapter 67, An Act To Streamline and Clarify Laws Pertaining to the Civil and Criminal Possession of Marijuana". Maine Legislature. Retrieved February 4, 2014.
  60. ^ Whittle, Patrick (November 9, 2016). "Maine recreational marijuana vote: Narrow victory for Question 1 gives New England two legalized states". The Cannabist. Associated Press. Archived from the original on January 30, 2018. Retrieved November 9, 2016.
  61. ^ "Md. governor signs marijuana bills into law". WUSA. April 14, 2014. Archived from the original on January 30, 2016. Retrieved November 12, 2016.
  62. ^ "House Bill 881" (PDF). Maryland General Assembly. Archived (PDF) from the original on September 19, 2020.
  63. ^ "Maryland voters approve legalization of recreational marijuana". Associated Press. November 8, 2022 – via Fox News.
  64. ^ Abel, David (November 5, 2008). "Voters approve marijuana law change". The Boston Globe. Archived from the original on April 17, 2015. Retrieved September 8, 2014.
  65. ^ Galvin, William Francis (November 28, 2012). "Return of Votes for Massachusetts State Election November 4, 2008" (PDF). Massachusetts Secretary of the Commonwealth. Archived from the original (PDF) on February 25, 2015. Retrieved February 4, 2014.
  66. ^ Galvin, William Francis (November 28, 2012). "Return of Votes For Massachusetts State Election November 6, 2012" (PDF). Massachusetts Secretary of the Commonwealth. Archived from the original (PDF) on January 20, 2013.
  67. ^ Rapoza, Kenneth (January 22, 2014). "On Marijuana, Massachusetts Voters Say 'Legalize It'". Forbes. Retrieved February 4, 2014.
  68. ^ "Mass. voters say 'yes' to legalizing marijuana". The Boston Globe. November 8, 2016. Retrieved November 12, 2016.
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