Legality of cannabis by U.S. jurisdiction: Difference between revisions
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{{Legality of cannabis by US state}} |
{{Legality of cannabis by US state}} |
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[[Cannabis in the United States|In the United States]], [[Cannabis (drug)|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 [[List of Schedule I controlled substances (U.S.)|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.<ref name="mpp report">{{citation|title=State-By-State Medical Marijuana Laws|url=https://www.mpp.org/assets/pdf/issues/medical-marijuana/State-by-State-Laws-Report-2015.pdf|publisher=[[Marijuana Policy Project]]|date=December 2016}}</ref> 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.<ref name=CRS>{{citation|title=The Federal Status of Marijuana and the Expanding Policy Gap with States|publisher=Congressional Research Service|date=March 6, 2023|url=https://crsreports.congress.gov/product/pdf/IF/IF12270|id=IF12270|quote=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. }}</ref><ref name="NLR-AG-Garland">{{cite journal |last1=Haviland |first1=Jane |title=Attorney General Merrick Garland on DOJ's New Marijuana Policy |website=www.natlawreview.com |date=March 16, 2023 |volume=XIV |issue=1 |url=https://www.natlawreview.com/article/ag-garland-signals-department-justice-s-cannabis-policy-will-be-very-close-to-cole |access-date=2 January 2024 |language=en}}</ref> On May 1, 2024, the [[Associated Press]] reported on federal plans to change marijuana to a [[List of Schedule III controlled substances (U.S.)|Schedule III drug]].<ref name="To be rescheduled">{{cite news |last1=Miller |first1=Zeke |last2=Goodman |first2=Joshua |last3=Mustian |first3=Jim |last4=Whitehurst |first4=Lindsay |title=US poised to ease restrictions on marijuana in historic shift, but it’ll remain controlled substance |url=https://apnews.com/article/marijuana-biden-dea-criminal-justice-pot-f833a8dae6ceb31a8658a5d65832a3b8 |access-date=1 May 2024 |agency=[[Associated Press]] |date=May 1, 2024}}</ref> |
[[Cannabis in the United States|In the United States]], [[Cannabis (drug)|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 [[List of Schedule I controlled substances (U.S.)|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.<ref name="mpp report">{{citation|title=State-By-State Medical Marijuana. However, the DEA (Drug Enforcement Agency) and the DOJ (Department of Justice) has proposed legislature to change its classification to a schedule III drug. This means that it has a low to moderate risk of abuse, is generally safe, and has accepted medical uses. <ref>https://www.dea.gov/sites/default/files/2024-05/Scheduling%20NPRM%20508.pdf</ref> |
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Laws|url=https://www.mpp.org/assets/pdf/issues/medical-marijuana/State-by-State-Laws-Report-2015.pdf|publisher=[[Marijuana Policy Project]]|date=December 2016}}</ref> 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.<ref name=CRS>{{citation|title=The Federal Status of Marijuana and the Expanding Policy Gap with States|publisher=Congressional Research Service|date=March 6, 2023|url=https://crsreports.congress.gov/product/pdf/IF/IF12270|id=IF12270|quote=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. }}</ref><ref name="NLR-AG-Garland">{{cite journal |last1=Haviland |first1=Jane |title=Attorney General Merrick Garland on DOJ's New Marijuana Policy |website=www.natlawreview.com |date=March 16, 2023 |volume=XIV |issue=1 |url=https://www.natlawreview.com/article/ag-garland-signals-department-justice-s-cannabis-policy-will-be-very-close-to-cole |access-date=2 January 2024 |language=en}}</ref> On May 1, 2024, the [[Associated Press]] reported on federal plans to change marijuana to a [[List of Schedule III controlled substances (U.S.)|Schedule III drug]].<ref name="To be rescheduled">{{cite news |last1=Miller |first1=Zeke |last2=Goodman |first2=Joshua |last3=Mustian |first3=Jim |last4=Whitehurst |first4=Lindsay |title=US poised to ease restrictions on marijuana in historic shift, but it’ll remain controlled substance |url=https://apnews.com/article/marijuana-biden-dea-criminal-justice-pot-f833a8dae6ceb31a8658a5d65832a3b8 |access-date=1 May 2024 |agency=[[Associated Press]] |date=May 1, 2024}}</ref> |
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The [[Medical cannabis in the United States|medical use of cannabis]] is legal with a medical recommendation in 38 states, four out of five permanently inhabited U.S. territories,{{efn|Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands}} and the federal [[Cannabis in Washington, D.C.|District of Columbia]] (D.C.).<ref name="NCSL MMJ">{{cite web|date=June 22, 2023|title=State Medical Cannabis Laws|url=https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx|access-date=April 26, 2024|publisher=[[National Conference of State Legislatures]]}}</ref> 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.<ref name="NCSL MMJ"/><ref name=MPP-CBD>{{cite web |title=Overview of States’ Flawed High-CBD Laws |url=https://www.mpp.org/issues/medical-marijuana/overview-of-states-flawed-high-cbd-laws |website=[[Marijuana Policy Project]] |access-date=April 26, 2024}}</ref> The [[Rohrabacher–Farr amendment]], first passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws.<ref>{{cite news|last1=Ingraham|first1=Christopher|date=June 13, 2017|title=Jeff Sessions personally asked Congress to let him prosecute medical-marijuana providers|newspaper=[[The Washington Post]]|url=https://www.washingtonpost.com/news/wonk/wp/2017/06/13/jeff-sessions-personally-asked-congress-to-let-him-prosecute-medical-marijuana-providers/|url-status=live|url-access=limited|access-date=December 31, 2017|archive-url=https://archive.today/20170613151607/https://www.washingtonpost.com/news/wonk/wp/2017/06/13/jeff-sessions-personally-asked-congress-to-let-him-prosecute-medical-marijuana-providers/|archive-date=June 13, 2017}}</ref> |
The [[Medical cannabis in the United States|medical use of cannabis]] is legal with a medical recommendation in 38 states, four out of five permanently inhabited U.S. territories,{{efn|Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands}} and the federal [[Cannabis in Washington, D.C.|District of Columbia]] (D.C.).<ref name="NCSL MMJ">{{cite web|date=June 22, 2023|title=State Medical Cannabis Laws|url=https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx|access-date=April 26, 2024|publisher=[[National Conference of State Legislatures]]}}</ref> 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.<ref name="NCSL MMJ"/><ref name=MPP-CBD>{{cite web |title=Overview of States’ Flawed High-CBD Laws |url=https://www.mpp.org/issues/medical-marijuana/overview-of-states-flawed-high-cbd-laws |website=[[Marijuana Policy Project]] |access-date=April 26, 2024}}</ref> The [[Rohrabacher–Farr amendment]], first passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws.<ref>{{cite news|last1=Ingraham|first1=Christopher|date=June 13, 2017|title=Jeff Sessions personally asked Congress to let him prosecute medical-marijuana providers|newspaper=[[The Washington Post]]|url=https://www.washingtonpost.com/news/wonk/wp/2017/06/13/jeff-sessions-personally-asked-congress-to-let-him-prosecute-medical-marijuana-providers/|url-status=live|url-access=limited|access-date=December 31, 2017|archive-url=https://archive.today/20170613151607/https://www.washingtonpost.com/news/wonk/wp/2017/06/13/jeff-sessions-personally-asked-congress-to-let-him-prosecute-medical-marijuana-providers/|archive-date=June 13, 2017}}</ref> |
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* [http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx State medical marijuana laws (NCSL)] |
* [http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx State medical marijuana laws (NCSL)] |
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* [https://marijuana.procon.org/view.resource.php?resourceID=006868 State recreational marijuana laws (ProCon.org)] |
* [https://marijuana.procon.org/view.resource.php?resourceID=006868 State recreational marijuana laws (ProCon.org)] |
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* [http://www.ncsl.org/research/agriculture-and-rural-development/state-industrial-hemp-statutes.aspx State industrial hemp laws (NCSL)] |
* [http://www.ncsl.org/research/agriculture-and-rural-development/state-industrial-hemp-statutes.aspx State industrial hemp laws (NCSL)] |
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* [https://www.dea.gov/sites/default/files/2024-05/Scheduling%20NPRM%20508.pdf] |
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{{Cannabis in the United States|state=collapsed}} |
{{Cannabis in the United States|state=collapsed}} |
Revision as of 00:52, 23 May 2024
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.Cite error: A <ref>
tag is missing the closing </ref>
(see the help page).
Laws|url=https://www.mpp.org/assets/pdf/issues/medical-marijuana/State-by-State-Laws-Report-2015.pdf%7Cpublisher=Marijuana Policy Project|date=December 2016}}</ref> 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.[1][2] On May 1, 2024, the Associated Press reported on federal plans to change marijuana to a Schedule III drug.[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][5] The Rohrabacher–Farr amendment, first passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws.[6]
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][7] 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[8] at the federal level, but legality and enforcement varies by state.[9][10][11]
By state
Legal for recreational use
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Legal for medical use
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No comprehensive medical program
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D - Decriminalized |
State | Recreational | Medical | Cultivation | Notes | |
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Alabama | Illegal; Misdemeanor for first offense, any subsequent offense is a felony | Legal to possess up to "70 daily dosages" at one time. | Illegal.[12][13] |
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Alaska | Legal to possess up to 1 oz (28 g) | Legal to possess up to 1 oz (28 g)[15] | Legal for medical & 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.[16] | ||
Arizona | Legal to possess up to 1 oz (28 g)[18] | Legal to possess up to 2.5 oz (71 g) per 14 days. | 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] |
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Arkansas | Illegal; Misdemeanor | Legal to possess up to 2.5 oz (71 g) per 14 days.[24] | Illegal.[25] |
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California | Legal to possess up to 1 oz (28 g) | Legal to possess up to 8 oz (230 g) | Legal for recreational use up to an amount of six plants per household or acre of land. |
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Colorado | Legal to possess up to 2 oz (57 g)[30] | Legal to possess up to 2 oz (57 g) | Legal for medical & recreational use up to an amount of six plants per person with no more than three of which being mature at one time.[31] |
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Connecticut | Legal to carry up to 1.5 oz (43 g) or possess up to 5 oz (140 g) locked inside a home or trunk of a vehicle | Legal to possess up to 5 oz (140 g) per month | Legal for medical & recreational use up to an amount of six plants with only three at a time being mature. |
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Delaware | Legal to possess up to 1 oz (28 g) & 12 g (.4 oz) of concentrate | Legal to possess up to 6 oz (171 g) | Illegal[37] |
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Florida | Illegal | Legal to possess up to three 70-day, or six 35-day "supply limits". One 35-day supply is limited to 2.5 oz (71 g). | Illegal.[42] |
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Georgia | Illegal; decriminalized in the cities of Atlanta,[45] Clarkston,[46] Forest Park,[47] Savannah, South Fulton,[48] Statesboro,[49] unincorporated Fulton County,[50] and Macon–Bibb County. | CBD oil (less than 5% THC) | Illegal |
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Hawaii | D | Illegal; Decriminalized up to .1 oz (3 g)[54] | Legal to possess up to 4 oz (114 g). | Legal only for medical patients up to an amount not exceeding 7 plants per person.[55] |
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Idaho | Illegal; Misdemeanor (85 g (3.0 oz) or less) | CBD oil (less than 0.1% THC) | Illegal; Felony |
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Illinois | Legal to possess up to 30 g (1.1 oz)[63] | Legal to possess up to 2.5 oz (71 g) per 14 day period. | Legal only for medical patients up to an amount of 5 plants per person.[64] |
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Indiana | Illegal; Misdemeanor (up to 6 months in jail, $1000 fine) | CBD oil (less than 0.3% THC) legal for any use | Illegal | ||
Iowa | Illegal; Misdemeanor | Legal to possess up to an amount of THC not exceeding 4.5 grams per 90 day period. | Illegal; Felony | ||
Kansas | Illegal; Misdemeanor | CBD oil (containing 0% THC) legal for any use | Illegal | ||
Kentucky | Illegal; Misdemeanor (8 oz (230 g) or less) | Legal to possess an "uninterrupted 30-day supply" | Illegal; Misdemeanor (5 plants or less) |
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Louisiana | D | Illegal; Decriminalized up to 14 grams (0.49 ounces) | Legal to possess up to a "30-day supply" | Illegal[81] |
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Maine | Legal to possess up to 2.5 oz (71 g) | Legal to possess up to 2.5 oz (71 g) | 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.[83] |
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Maryland | Legal to possess up to 1.5 oz (42 g) & 12 g (.4 oz) of concentrate | Legal to possess up to 120 g (4.2 oz) or 36 g (1.3 oz) of concentrate | Legal for recreational use up to two plants per household. Registered medical cannabis patients can grow four plants per household.[88] |
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Massachusetts | Legal to possess up to 1 oz (28 g) in public or 10 oz (280 g) at home | Legal to possess up to 10 oz (280 g) per every 2-month period | Legal for recreational use up to an amount of six plants per person or twelve plants maximum for 2 or more adults in a household.[92] | ||
Michigan | Legal to possess up to 2.5 oz (71 g) in public or 10 oz (280 g) at home | Legal to possess up to 2.5 oz (71 g) | Legal for recreational use up to an amount of 12 plants per household.[98] |
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Minnesota | Legal to possess up to 2 lbs (2 oz in public), 8 g of concentrate, and 800 mg of infused edibles | Legal to possess up to 2.5 oz (71 g) every 14 days. | Legal for recreational use up to an amount of 8 plants of which only 4 can be mature at a time[99] |
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Mississippi | D | Illegal; Decriminalized up to 30 g (1.1 oz) or less for first offense. | Legal to possess up to 3 oz (85 g) per month | Illegal. | |
Missouri | Legal to possess up to 3 oz (85 g) | Legal to possess up to 6 oz (170 g) per month | Legal for medical & recreational use up to an amount of six plants per person or twelve plants for 2 or more adults in a household with a license. |
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Montana | 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. |
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Nebraska | D | Illegal; Decriminalized (first offense only) | CBD Oil (containing up to 0.3% THC) legal for any use | Illegal | 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.[109] |
Nevada | 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.[110][111] |
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New Hampshire | D | Illegal; Decriminalized up to 0.75 oz (21 g) or less | Legal to possess up to 2 oz (57 g) | Illegal.[117] |
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New Jersey | Legal to possess up to 6 oz (170 g).[122] Licensed delivery services allowed.[123] | Legal to possess up to 3 oz (85 g) per month | Illegal.[124][125] |
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New Mexico | Legal to possess up to 2 oz (57 g) | 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. |
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New York | Legal to possess up to 3 oz (85 g) of cannabis or 24 g of concentrates at home and 3 oz (85 g) in public or gifting without remuneration.[138] | Legal to possess a 60-day supply. | Legal for medical & recreational use up to an amount of three mature and three immature plants per person, with a limit of twelve per household.[139] |
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North Carolina | D | Illegal; Decriminalized up to 42 g (1.5 oz) or less | CBD oil | Illegal |
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North Dakota | D | Illegal; Decriminalized up to 14 g (0.49 oz) or less | Legal to possess up to 3 oz (85 g) | Illegal.[145] | |
Ohio | Legal to possess up to 2.5 oz (71 g) and up to 15 grams of cannabis concentrates. | Legal to possess a 90-day supply. | Legal to grow 6 plants per adult, maximum 12 plants per household. |
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Oklahoma | Illegal | 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] |
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Oregon | 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] |
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Pennsylvania | Illegal; Decriminalized In Philadelphia and Pittsburgh up to 30 g (1.1 oz)[166] | Legal to possess up to a 90-day supply | Illegal.[167] |
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Rhode Island | Legal to possess up to 1 oz (28 g) | Legal to possess up to 2.5 oz (71 g) | 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] | ||
South Carolina | Misdemeanor[173] | Cannabis oil (less than 0.9% THC) | Illegal |
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South Dakota | Misdemeanor | Legal to possess up to 3 oz (85 g) | Legal for medical patients up to an amount not exceeding 2 flowering, and 2 non-flowering plants; more in some cases.[175] | Possession of 2 oz or less a Class 1 misdemeanor punishable by a maximum of 1 year in prison and a maximum fine $2,000.[176] Medical use legal effective July 1, 2021.
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Tennessee | Illegal; Misdemeanor (less than .5 oz (14 g); first or second offense only). | Cannabis oil (less than 0.9% THC) | Illegal; Misdemeanor (nine plants or less), Felony (ten or more plants) |
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] |
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Texas | 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) | Illegal |
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Utah | Illegal; Misdemeanor | Legal to possess up to 4 oz (113 g) per 30-day period | Illegal.[186] |
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Vermont | Legal to possess up to 1 oz (28 g) | Legal to possess up to 2 oz (57 g) | 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. |
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Virginia | Legal to possess up to 1 oz (28 g) in public; no limit applies at home.[201] Legislature has yet to authorize retail sales. | Legal to possess up to 4 oz (113 g) per 30-day period; unlike recreational use, commercial sales of medical marijuana is legal. | Legal for medical & recreational use up to an amount of 4 plants per household.[202] |
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Washington | Legal to possess up to 1 oz (28 g) | Legal to possess up to 3 oz (85 g), 48 oz (1.3 kg) of edibles, 21 g (.74 oz) of concentrate, & 216 oz (6.1 kg) of infused-liquids. | Legal for medical patients only up to an amount of 6 plants.[206][207] |
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West Virginia | Illegal; Misdemeanor | Legal | Illegal.[210] | "Compassionate Use Act for Medical Cannabis; providing for protections for the medical use of cannabis..."[211] |
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Wisconsin | Illegal; Misdemeanor on first offense, felony on subsequent offenses; decriminalized in the cities of Milwaukee and Madison[212][213] | CBD oil | Illegal; Felony |
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Wyoming | Illegal; Misdemeanor | CBD oil | Illegal | 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] |
Federal district
District | Recreational | Medical | Cultivation | Notes | |
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District of Columbia | 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. |
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By inhabited territory
Territory | Recreational | Medical | Cultivation | Notes | |
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American Samoa | Illegal | Illegal | Illegal |
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Guam | 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] |
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Northern Mariana Islands | Legal | Legal | Legal for medical & recreational use up to an amount of 6 mature and 12 immature plants.[223] |
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Puerto Rico | Illegal | Legal to possess up to a 30-day supply. | Illegal.[226] |
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U.S. Virgin Islands | Legal to possess up to 2 oz (57 g), 1 oz (28 g) of edibles, & 14 g (.5 oz) of concentrate | Legal to possess up to 4 oz (113 g) | Legal for medical patients up to an amount of 12 plants. Cultivation for non-medical use is only legal for sacramental purposes.[228] |
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By tribal nation
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.
Reservation | Recreational | Medical | Cultivation | Notes | |
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Flandreau Santee Sioux Tribe (South Dakota) |
Legal[232] | Legal | 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] | |
Oglala Lakota Sioux Tribe (South Dakota) | Legal | Legal | Legal | Legalized by referendum in March 2020, ordinance effective November 27, 2020.[233] | |
Suquamish Tribe (Washington state) |
Legal[234][235] | Legal | Legal | 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] | |
Squaxin Island Tribe (Washington state) |
Legal[237] | Legal | Legal | Legalized in November 2015.[238] | |
Eastern Band of Cherokee Indians (North Carolina) |
Legal | Legal[239] | Illegal |
| |
St. Regis Mohawk Tribe (New York) |
Legal | Legal | 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
Jurisdiction | Effective date | Licensed sales since | Legalization method |
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Washington (state) | December 6, 2012 | July 8, 2014 | Initiated ballot measure |
Colorado | December 10, 2012[246] | January 1, 2014 | Initiated ballot measure |
Alaska | February 24, 2015 | October 29, 2016 | Initiated ballot measure |
Washington, D.C. | February 26, 2015 | Never authorized | Initiated ballot measure |
Oregon | July 1, 2015 | October 1, 2015 | Initiated ballot measure |
California | November 9, 2016 | January 1, 2018 | Initiated ballot measure |
Massachusetts | December 15, 2016 | November 20, 2018 | Initiated ballot measure |
Nevada | January 1, 2017 | July 1, 2017 | Initiated ballot measure |
Maine | January 30, 2017 | October 9, 2020 | Initiated ballot measure |
Vermont | July 1, 2018 | October 1, 2022[247] | Legislative bill |
Northern Mariana Islands | September 21, 2018 | July 16, 2021[248] | Legislative bill |
Michigan | December 6, 2018 | December 1, 2019 | Initiated ballot measure |
Guam | April 4, 2019 | Not yet started | Legislative bill |
Illinois | January 1, 2020 | January 1, 2020 | Legislative bill |
Arizona | November 30, 2020 | January 22, 2021 | Initiated ballot measure |
Montana | January 1, 2021 | January 1, 2022[249] | Initiated ballot measure |
New Jersey | February 22, 2021 | April 21, 2022 | Legislatively referred ballot measure |
New York | March 31, 2021 | December 29, 2022[250] | Legislative bill |
New Mexico | June 29, 2021[251] | April 1, 2022[252][253] | Legislative bill |
Connecticut | July 1, 2021 | January 10, 2023[254] | Legislative bill |
Virginia | July 1, 2021 | Never authorized | Legislative bill |
Rhode Island | May 25, 2022 | December 1, 2022 | Legislative bill |
Missouri | December 8, 2022 | February 3, 2023[255] | Initiated ballot measure |
United States Virgin Islands | January 18, 2023 | Not yet started | Legislative bill |
Delaware | April 23, 2023 | Not yet started | Legislative bill |
Maryland | July 1, 2023 | July 1, 2023 | Legislatively referred ballot measure |
Minnesota | August 1, 2023[103] | Not yet started | Legislative bill |
Ohio | December 7, 2023 | August 6, 2024[256] | Initiated ballot measure |
More maps
Delta-8 THC legal status by state.[257] |
Cannabis offense record clearance by state.[258] |
See also
- Cannabis and border towns in the United States
- Cannabis laws of Canada by province or territory
- Legal history of cannabis in the United States
- Legality of cannabis
- List of United States cannabis regulatory agencies
- Solomon–Lautenberg amendment ("Smoke a joint, lose your license" laws)
- Timeline of cannabis laws in the United States
Notes
- ^ 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
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