Although cannabis remains federally illegal, a number of states have moved forward with medical and recreational cannabis programs, making the plant accessible to a majority, but not all, Americans. A total of 41 states, as well the District of Columbia and Puerto Rico, have medical marijuana programs and 23 of those have decriminalized cannabis or have full adult-use programs.
The following is a comprehensive and updated list of the legality of cannabis and cannabis products in the USA, updated November 2022.
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Medical background Layer 1 Recreational2 background Layer 1 Recreational reciprocity background Layer 1 ReciprocityAlabama law does not allow the consumption, possession, or cultivation of marijuana for recreational purposes, but has approved the establishment of a medical marijuana program in February 2021.
Roll out of the program has been slow, and as of June 2022, there were still no doctors certified to issue prescriptions, no licensed dispensaries, and no legal farming of cannabis products. Unlike other states, Alabama requires doctors to document a failure of conventional medical treatment before issuing a medical cannabis prescription.
A representative from the Alabama Agriculture Department has stated that licenses for medical marijuana producers won’t be issued before September, 2022 and it could take until 2023 to get the program up and running.
Like the North Star, Alaska has been at the forefront of states with legal weed for over two decades. The state legalized medical marijuana in 1998 and since 2015, it has been legal to possess and sell cannabis in the state. The state opened its first recreational dispensary in 2016, and in 2019, became the first state to license marijuana consumption on-site at dispensaries. State law also allows the cultivation of up to 25 plants within a private residence.
Medical marijuana has been legal in Arizona since 2010. Recreational marijuana will become legal once the results of the 2020 elections, in which a legalization measure overwhelmingly passed, is certified.
Arkansas voters approved medical marijuana in 2016 and the first dispensary in the state opened its doors in 2019. Recreational marijuana is not legal in the state, and even a first offense possession of any amount of cannabis or paraphernalia can result in incarceration. Cultivation is not legal.
CaliforniaThe Golden State was the first to go green – when it comes to medical marijuana. In 1996, the state passed Proposition 215, the “Compassionate Use Act of 1996.” There are currently more than 106,000 registered patients according to the California Department of Public Health, and they are legally allowed to possess up to 8 ounces of marijuana each and maintain up to 6 mature plants. The sale of recreational marijuana was approved by California voters in 2016, and can be purchased in hundreds of licensed retail shops across the state.
Along with Washington, Colorado was one of the first two states to legalize recreational cannabis, with the passing of Amendment 64 in 2012. The state legalized medical marijuana back in 2000, and reportedly there are more (recreational and medicinal) dispensaries operating in the state than there are McDonald’s and Starbucks chains combined. It is also legal to privately grow up to six marijuana plants in the state.
ConnecticutRecreational cannabis became legal in Connecticut on July 1, 2021. The law allows people over 21 to possess up to 1.5 ounces of cannabis in public and up to 5 ounces at their personal residence. It also allows home cultivation, but only beginning on July 1, 2023, after which adults will be able to grow up to six plants for personal use.
In 2015, Delaware Governor John Carney signed a bill that decriminalized marijuana for adults and minors, making possession of up to one ounce a civil penalty. The state’s general assembly legalized medical marijuana in 2011 and the first dispensary opened in 2015. Delaware does not allow recreational marijuana sales, but in June 2019 a bill to legalize recreational marijuana sales cleared its first legislative hurdle. The state does not allow personal cultivation of marijuana.
Florida voters approved medical marijuana legalization in 2016 and the first licensed dispensary opened later that year. Recreational marijuana is still illegal and possession of any amount can result in a criminal charge. Possession of any amount of hashish or concentrates is considered a felony. The personal cultivation of marijuana is illegal in the Sunshine State.
Adult-use cannabis is illegal in Georgia, but the state does have a limited medical program. Legalized in 2015, patients with qualifying conditions can get a prescription for up to 20 oz of low THC oil. But it is a medical program in name only, because as of June 2022 there were no licensed dispensaries in Georgia.
The state does not consider itself a “medical marijuana” state because growing, possessing, or smoking any form of the plant outside of low THC oil is still illegal.
In 2019, Hawaii became the 26th state to legalize or decriminalize marijuana. As of January 2020, when the new law went into effect, possession of up to three grams is punishable by a fine of up to $130. Hawaii legalized medical marijuana back in 2000, but the state’s first medical dispensary did not open until 2017. Patients are allowed to be in possession of up to four ounces of marijuana at any given time, and can cultivate up to seven marijuana plants.
Both medical and adult-use cannabis are illegal in Idaho. In August the state’s High Court overturned a new law that would have made it harder to get marijuana legalization initiatives on ballot measures before voters. In April, the state’s legislature rejected a proposed constitutional amendment that would have made any future legalization measure require approval of two-thirds of the legislature.
And while Idaho has not legalized or decriminalized cannabis in any sense, possession of marijuana is considered a misdemeanor up until the amount exceeds three ounces.
Illinois was the first state where recreational marijuana sales were legalized by the state legislature and not a ballot initiative. The first dispensaries opened in January 2020, and reported some $3.2 million in sales on the first day of operations. The state legalized medical cannabis in 2013, and allows the cultivation of up to five plants for medical patients. For non-medical patients, cultivating up to five plants is considered a violation and subject to a $200 fine.
Medical and adult-use cannabis are illegal in the Hoosier State, but Indiana does allow the use of CBD products with less than 0.3% THC.
Iowa does not have an adult-use cannabis program, but medical cannabis was legalized in May 2017 with sales starting in December 2018. The medical program is very limited, with a yearly prescription, a small amount of THC allowed every 90 days and no cannabis flower.
The regulations only allow sales of processed cannabis products, not flower. As of June 2022, there were just five medical marijuana dispensaries to serve the entire state.
Both medical and adult-use cannabis are illegal in Kansas, and possession of any amount of cannabis is considered a class B misdemeanor. The state allows the use and sale of CBD products with 0% THC. Medical patients with a letter from a doctor won’t face a conviction for possession of CBD oil with up to 5% THC, but can still be arrested and charged with possession.
Adult-use and medical cannabis are illegal in the Bluegrass state, though Kentucky does allow the use of CBD oil and has long been a center of hemp cultivation. Under Kentucky law, possession of anything up to 8 ounces of cannabis is a misdemeanor. In addition, some local jurisdictions have adopted measures to lower penalties for small-time cannabis crimes.
Louisiana approved medical marijuana in 2016 and the state’s first licensed dispensary opened in Baton Rouge in 2019, with only tinctures available for purchase. As of now the only forms of cannabis approved for purchase are oils, extracts, tinctures, sprays, capsules, pills, solutions, suspension, gelatin-based chewables, lotions, transdermal patches, suppositories, and metered-dose inhalation. There are currently nine approved dispensaries in the state for medical patients. Possession of less than 14 grams is punishable by $100.
Maine legalized cannabis for recreational use in 2016, but there are currently no legal retail stores open in the state — the first ones are expected to open in 2020. In the meantime, it is legal to possess up to 2.5 ounces of marijuana and cultivate up to three marijuana plants. The state legalized medical marijuana in 1999, but only put in place a system for dispensaries in 2009.
In November 2022, Maryland became the 20th state in the USA to legalize recreational cannabis. The new program will go into effect on July 1, 2023 and adults over the age of 18 will be able to possess up to 1.5 oz of cannabis or 12 grams of concentrate, and grow two plants at home.
Medical marijuana has been legal in Maryland since 2014. The law allows patients to have up to a 30-day supply of marijuana and it does not allow the cultivation of marijuana for personal use.
MassachusettsMassachusetts legalized recreational marijuana in 2016 and the first recreational dispensaries opened in the state in 2018. There are currently dozens of recreational dispensaries open in the state, and hundreds of licenses for new stores are awaiting approval. The state approved medical marijuana in 2013 and honors medical licenses from other states. Massachusetts state law allows adults to grow up to 12 plants if they are not publicly visible.
The first dispensaries opened in Michigan in December 2019, a year after voters approved a ballot measure to legalize recreational cannabis. Over a decade earlier, in 2008, the state approved medical marijuana and in 2018 added 11 new qualifying conditions including chronic pain, autism, and inflammatory bowel disease. The state also honors out-of-state medical marijuana licenses, and allows adults to privately grow up to 12 marijuana plants.
Minnesota first decriminalized possession of marijuana for personal use in the 1970s. Recreational marijuana sales are not legal in the state, however. The state legalized marijuana for medical use in 2014, and as of today there are eight cannabis patient centers across the state — but they are only allowed to sell cannabis pills, oil, liquids, and topical solutions. Cannabis flowers and edibles are not allowed. Cultivation is not legal in Minnesota and it is prosecuted as possession (based on the aggregate weight of the plants found).
MississippiMedical cannabis has been legal in Mississippi since 2020 but the program is not operational. Under Initiative 65, dispensaries will be able to supply approved patients with up to 2.5 ounces of medical marijuana per 14-day period. However the program has been slow to roll out. In June 2022, the state released applications for licenses for patients, doctors, farmers, and dispensaries. Sales have not yet started.
Mississippi offers limited reciprocity for out of state patients who register with the state. Recreational cannabis is not legal. Possession of 30 grams or less not criminalized for a first offense and is a misdemeanor for the second and third offense. Anything over 30 grams is a felony.
Recreational cannabis was legalized in Missouri in November, 2022 via ballot initiative. Sales are expected to start in December 2022, when existing medical dispensaries open their doors to recreational consumers. Medical marijuana has been legal in Missouri since 2018.
It is legal for adults over the age of 21 to purchase and possess up to an ounce of cannabis. Montana residents can grow up to four plants at home. The adult-use market opened in January 2022, but only certain counties opted into sales. Montana voters approved medical marijuana in 2004 and the state’s first dispensaries opened soon after. Legal storefronts still service medical patients in the state, who are also legally allowed to grow up to four mature plants.
Medical and adult-use marijuana are illegal in Nebraska, though a first-time arrest for possession of one ounce or less is considered an infraction that is punishable by a maximum fine of $300. There have been multiple attempts to create a medical marijuana program, all of which have failed. The next attempt to get medical marijuana on the ballot will likely be in 2024.
Nevada approved marijuana for recreational use in 2016 and the state’s first dispensary opened in the summer of 2017. Nevada voters approved the legalization of medical marijuana back in 2000, but it wasn’t until 2015 that the first medical dispensary opened its doors in the state. Nevada is also notable for a state law that prevents employers from rejecting job applicants based on pre-employment marijuana tests. Medical patients are allowed to grow up to 12 plants.
New HampshireAs of 2017, possession of three-quarters of an ounce or less marijuana flower or five grams or less hash or concentrates became only a violation and not a criminal offense in the Granite State. Medical marijuana became legal in New Hampshire in 2013, and there is a network of medical dispensaries across the state. Cultivation is illegal in New Hampshire.
New JerseyThe personal possession and use of cannabis is legal in New Jersey. The state also has a medical cannabis program. Adults over the age of 21 can legally possess up to 6 ounces of marijuana or 17 grams of hashish. It is also legal to use cannabis, and dispensaries can legally make cannabis retail sales to anyone over 21. At the time of writing, however, there were no adult-use dispensaries yet open in the state.
New MexicoNew Mexico has both a medical and an adult-use cannabis program. Recreational cannabis was legalized in 2021 and sales began in 2022. People over age 21 can possess up to two ounces of cannabis, 16 grams of concentrate, and 800 milligrams of edible cannabis. Home grow is allowed for up to six mature plants.
Possession of over 8 oz and growing more than six plants is still considered a felony.
New York legalized cannabis for adult use in March, 2021. Adults over the age of 21 are allowed to posses up to 3 ounces of cannabis flower and up to 24 grams of cannabis concentrates. Public consumption is allowed anywhere tobacco smoking is allowed with a few exceptions. New York approved medical marijuana in 2014.
North CarolinaAdult-use marijuana is illegal in North Carolina and the state does not have a legal medical cannabis program. North Carolina does allow the consumption of hemp extract that has less than .9% THC and at least 5% CBD if the person is recognized as having an intractable form of epilepsy. Change could be on the way though, as in late August, 2021 a North Carolina Senate committee approved a bill that would legalize medical marijuana. It must still be approved by the Senate Rules and Operations Committee before it can make it to the senate floor, then the House of Representatives and finally to the governor to sign into law.
North Dakota decriminalized marijuana in 2019 and possession of up to a half ounce is punishable by a fine of up to $1,000. Voters approved medical marijuana in 2017, but the first dispensary only opened in 2019. Cultivation is illegal and punishable according to the aggregate weight of the plants.
A patchwork of cities in Ohio have decriminalized marijuana possession, though it is not decriminalized on a state-wide basis. Ohio voters approved medical marijuana in 2016, but the state’s first dispensary only opened in 2019. Smoking marijuana is not approved under the state’s medical marijuana law, but flowers are sold for use in vaporizers. Edibles, tinctures, and topical solutions are also available. Personal cultivation is illegal in Ohio.
Oklahoma voters approved a medical marijuana initiative in 2018, allowing dispensaries to sell to approved patients. Patients are not limited to a set list of medical conditions and are allowed to cultivate up to six mature plants. The state’s first dispensaries opened in 2018 and as of 2019, the state was considered “the fastest growing marijuana market in the country.” Recreational marijuana remains illegal in the state, but in 2018, the Oklahoma City council approved an ordinance to reduce the penalties for simple possession to a fine.
Oregon was one of the first states to approve medical marijuana, which was passed by ballot measure in 1998. The state legalized recreational cannabis in 2014, and the the first dispensaries opened in 2015. The state has one of the highest saturations of legal cannabis stores in the country, and in 2017, legal cannabis sales topped $520 million. In Oregon, residents are allowed to grow up to four cannabis plants inside a private residence.
PennsylvaniaPoliticians in the Keystone State approved a medical marijuana bill in 2016, and the commonwealth’s first dispensaries opened in 2018. In late 2019, reports indicated shortages at the more than 60 dispensaries in the state. Recreational marijuana is illegal in Pennsylvania, though several municipalities have passed ordinances to decriminalize possession.
Rhode IslandCannabis use is legal for anyone over the age of 21 in Rhode Island. Adults may have up to one ounce of cannabis in public and 10 ounces at home. Public consumption is legal where cigarette smoking is legal.
Home grow of up to 6 plants is also legal in Rhode Island. Public possession of over one ounce of cannabis is decriminalized and considered a civil violation which is subject to a fine, but no jail time
Recreational cannabis was signed into law in May of 2022 and retail sales are expected to begin as soon as December 2022. Sales will start at existing medical dispensaries, while up to 33 adult-use dispensaries will be granted licenses. The law created a new regulatory body, the Cannabis Control Commission, and also mandates automatic expungement for civil and criminal records, no later than July 2024.
South CarolinaThe Palmetto State does not allow medical or adult-use marijuana but it is legal to purchase and consume medicinal CBD oil that contains less than .9% THC and more than 15% CBD if they have certain qualifying health conditions.
Medical: Yes
Recreational: No
Reciprocity: Yes
Despite voters legalizing recreational cannabis in the 2020 election, adult-use cannabis is still not legal in South Dakota. The ballot measure was struck down in the state supreme court after a challenge from the Governor. State activists are still exploring alternative ways to legalize recreational cannabis. Medical cannabis was legalized during the same 2020 election, and cardholders may possess up to three ounces of cannabis and grow three plants.
Tennessee has not legalized medical or adult-use cannabis, but does allow the use of CBD oil. In March, 2021, a bill that would have legalized medical marijuana in the Volunteer State failed in the Senate. Change could potentially be on the horizon though, and in July, a republican state lawmaker proposed a new bill that would allow voters to decide if the state should legalize medical and recreational marijuana, and/or decriminalize possession of one ounce or less of cannabis.
Recreational cannabis is not legal in Texas, but the state has a limited medical program. First passed in 2015 under the Compassionate Use Program, it allowed cannabis medications for epilepsy patients. In 2022, the program has expanded to include a number of qualifying conditions. Patients can access low dose THC products, typically in a tincture or oral spray. Most products are combined with CBD as well.
Possession of 4 oz or less is a misdemeanor, while anything over 4 oz is a felony. A number of local jurisdictions in Texas have also adopted decriminalization measures, including the four largest cities in the state, which represent four of the 11 largest cities in the US.
Utah voters approved the Utah Medical Cannabis Act in 2018, and the state’s first dispensaries (referred to as “pharmacies” in Utah) are expected to open in 2020. Personal cultivation is not allowed in Utah, and possession of any amount of marijuana for recreational use remains illegal.
Medical: Yes
Recreational: Yes
Reciprocity: No
The Green Mountain State legalized medical cannabis in 2004 and there is currently a network of medical dispensaries open in the state, mainly in the Burlington area.
In 2018, the legislature legalized marijuana for recreational use, legalizing possession and home grow (Vermont allows residents to cultivate up to two plants with no penalty). The first three legal dispensaries in the state opened on October 1 2022. Up to 100 dispensaries are expected to be licensed over the course of 2023.
It is legal for anyone in the commonwealth of Virginia to possess up to 1 ounce of cannabis, which became the law on July 1, 2021. In June of 2022, the State Senate amended possession laws, deciding that up to 3 ounces will face a $25 fine, possession of 4 – 15 ounces is a misdemeanor, and possession of over a pound of cannabis is a felony. This change is awaiting the Governor’s signature to be signed into law
People who are under the age of 21 and are in possession of less than an ounce, will face a $25 fine and will be required to attend a substance abuse education program.
It is still illegal to consume cannabis in public.
Retail sales of cannabis will only begin 2024, but in June of 2022, the state legalized the sale of hemp-derived cannabinoids. This means lab-created THC, along with cannabinoids such as delta-8 THC will be legal before THC from the plant. The change is currently awaiting a signature from the Governor to become law.
In the meantime, Virginia residents will be able to legally grow up to 4 plants in the privacy of their home. The law states that the Virginia Board of Pharmacy will be in charge of licensing “retail marijuana stores,” and that the commonwealth will allow up to a maximum of 400 such licenses. Local municipalities will have the right to hold a referendum on whether or not to allow dispensaries within the boundaries of their jurisdiction.
WashingtonThe Evergreen State joined Colorado as one the first two states to legalize marijuana for recreational use, with the passing of Initiative 502 in 2012. Washington was also an early adopter of medical marijuana, and passed legalization in 1998. The first recreational dispensaries opened in 2014, and since then they have racked up more than $1 billion in sales . The state also allows medical cannabis recipients to grow up to 12 plants.
West VirginiaIn 2017, Governor Jim Justice signed into law a medical marijuana act, allowing patients to possess a “30-day supply” of cannabis products, including pills, oil, topical solutions, and vapes. Smoking is not an approved method of consumption under the bill, but vaporization and nebulization are allowed. The bill also does not allow personal cultivation. The state began accepting applications for dispensaries in December, 2019.
Adult-use cannabis is illegal in Wisconsin and the state does not have a legal medical cannabis program, though it does allow the use of CBD oil. In August, 2021, lawmakers in the state unveiled a bill to legalize adult-use marijuana. The state already borders two legal cannabis states – Illinois and Michigan – and a number of local jurisdictions in the state have adopted measures to lower the penalties for minor cannabis offenses.
Both medical and adult-use cannabis are illegal in Wyoming, though the Cowboy State does allow for the possession and use of high CBD, low THC (less than 0.3%) products if recommended by a physician.
The Washington, DC council voted unanimously to approve medical marijuana in the District in 2010 and the first local dispensaries opened in 2013. In 2014, DC Initiative 71 legalized possession of up to two ounces of marijuana and cultivation of up to six marijuana plants for recreational use. The sale of recreational marijuana remains illegal in the District as of January 2020.