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By state: Changed legality for cultivation to illegal for Pennsylvania, as a medical patient myself i know what i can and cant do, the state regulates all cultivation with a seed to store camera so none can even slip out the back door.
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Governor Ralph Northam signed a bill that legalized medical marijuana at full strength. https://legiscan.com/VA/bill/SB1333/2021/X1
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In the [[United States]], the use and possession of [[Cannabis (drug)|cannabis]] is illegal under federal law for any purpose, by way of the [[Controlled Substances Act|Controlled Substances Act of 1970]]. 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.<ref>{{citation|title=State-By-State Medical Marijuana Laws|url=https://www.mpp.org/issues/medical-marijuana/state-by-state-medical-marijuana-laws/state-by-state-medical-marijuana-laws-report/|publisher=Marijuana Policy Project|date=December 2016}}</ref> At the state level, however, policies regarding the [[Medical cannabis|medical]] and [[Recreational drug use|recreational]] use of cannabis vary greatly, and in many states conflict significantly with federal law.
In the [[United States]], the use and possession of [[Cannabis (drug)|cannabis]] is illegal under federal law for any purpose, by way of the [[Controlled Substances Act|Controlled Substances Act of 1970]]. 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.<ref>{{citation|title=State-By-State Medical Marijuana Laws|url=https://www.mpp.org/issues/medical-marijuana/state-by-state-medical-marijuana-laws/state-by-state-medical-marijuana-laws-report/|publisher=Marijuana Policy Project|date=December 2016}}</ref> At the state level, however, policies regarding the [[Medical cannabis|medical]] and [[Recreational drug use|recreational]] use of cannabis vary greatly, and in many states conflict significantly with federal law.


The [[Medical cannabis in the United States|medical use of cannabis]] is legal, with a doctor's recommendation, in 35 states, four out of five permanently inhabited [[Territories of the United States|U.S. territories]], and the [[Washington, D.C.|District of Columbia]].<ref name="NCSL MMJ">{{cite web|date=November 4, 2020|title=State Medical Marijuana Laws|url=https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx|access-date=July 3, 2018|publisher=[[National Conference of State Legislatures]]}}</ref> Thirteen other states have laws that limit [[Tetrahydrocannabinol|THC]] content, for the purpose of allowing access to products that are rich in [[cannabidiol]] (CBD), a non-[[Psychoactive drug|psychoactive]] component of cannabis.<ref name="NCSL MMJ" /> Although cannabis remains a [[List of Schedule I drugs (US)|Schedule I drug]], the [[Rohrabacher–Farr amendment]] 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|work=[[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.is/y0Ps0|archive-date=June 13, 2017}}</ref>
The [[Medical cannabis in the United States|medical use of cannabis]] is legal, with a doctor's recommendation, in 36 states, four out of five permanently inhabited [[Territories of the United States|U.S. territories]], and the [[Washington, D.C.|District of Columbia]].<ref name="NCSL MMJ">{{cite web|date=November 4, 2020|title=State Medical Marijuana Laws|url=https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx|access-date=July 3, 2018|publisher=[[National Conference of State Legislatures]]}}</ref> Twelve other states have laws that limit [[Tetrahydrocannabinol|THC]] content, for the purpose of allowing access to products that are rich in [[cannabidiol]] (CBD), a non-[[Psychoactive drug|psychoactive]] component of cannabis.<ref name="NCSL MMJ" /> Although cannabis remains a [[List of Schedule I drugs (US)|Schedule I drug]], the [[Rohrabacher–Farr amendment]] 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|work=[[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.is/y0Ps0|archive-date=June 13, 2017}}</ref>


The [[Decriminalization of non-medical cannabis in the United States|recreational use of cannabis]] is legal in 14{{efn|May include states which have expressed intent to legalize the recreational use of cannabis, but have not yet implemented such laws.}} states, the [[Cannabis in Washington, D.C.|District of Columbia]], the [[Cannabis in the Northern Mariana Islands|Northern Mariana Islands]], and [[Cannabis in Guam|Guam]]. Another 16 states and the [[United States Virgin Islands|U.S. Virgin Islands]] have [[Decriminalization of non-medical cannabis in the United States|decriminalized its use]].<ref name="NCSL decrim">{{cite web|date=October 17, 2019|title=Marijuana Overview|url=https://www.ncsl.org/research/civil-and-criminal-justice/marijuana-overview.aspx|access-date=December 31, 2017|publisher=[[National Conference of State Legislatures]]}}</ref> Commercial distribution of cannabis is allowed in all jurisdictions where cannabis has been legalized, except the District of Columbia. Prior to January 2018, the [[Cole Memorandum]] provided some protection against enforcement of federal law in states that have legalized cannabis, but it was rescinded by Attorney General [[Jeff Sessions]].<ref>{{cite news|last1=Zapotosky|first1=Matt|last2=Horwitz|first2=Sari|author-link2=Sari Horwitz|last3=Achenbach|first3=Joel|author-link3=Joel Achenbach|date=January 4, 2018|title=Use of legalized marijuana threatened as Sessions rescinds Obama-era directive that eased federal enforcement|work=[[The Washington Post]]|url=https://www.washingtonpost.com/world/national-security/sessions-is-rescinding-obama-era-directive-for-feds-to-back-off-marijuana-enforcement-in-states-with-legal-pot/2018/01/04/b1a42746-f157-11e7-b3bf-ab90a706e175_story.html|url-status=live|url-access=limited|access-date=January 4, 2018|archive-url=https://archive.is/7tBJt|archive-date=November 9, 2020}}</ref>
The [[Decriminalization of non-medical cannabis in the United States|recreational use of cannabis]] is legal in 14{{efn|May include states which have expressed intent to legalize the recreational use of cannabis, but have not yet implemented such laws.}} states, the [[Cannabis in Washington, D.C.|District of Columbia]], the [[Cannabis in the Northern Mariana Islands|Northern Mariana Islands]], and [[Cannabis in Guam|Guam]]. Another 16 states and the [[United States Virgin Islands|U.S. Virgin Islands]] have [[Decriminalization of non-medical cannabis in the United States|decriminalized its use]].<ref name="NCSL decrim">{{cite web|date=October 17, 2019|title=Marijuana Overview|url=https://www.ncsl.org/research/civil-and-criminal-justice/marijuana-overview.aspx|access-date=December 31, 2017|publisher=[[National Conference of State Legislatures]]}}</ref> Commercial distribution of cannabis is allowed in all jurisdictions where cannabis has been legalized, except the District of Columbia. Prior to January 2018, the [[Cole Memorandum]] provided some protection against enforcement of federal law in states that have legalized cannabis, but it was rescinded by Attorney General [[Jeff Sessions]].<ref>{{cite news|last1=Zapotosky|first1=Matt|last2=Horwitz|first2=Sari|author-link2=Sari Horwitz|last3=Achenbach|first3=Joel|author-link3=Joel Achenbach|date=January 4, 2018|title=Use of legalized marijuana threatened as Sessions rescinds Obama-era directive that eased federal enforcement|work=[[The Washington Post]]|url=https://www.washingtonpost.com/world/national-security/sessions-is-rescinding-obama-era-directive-for-feds-to-back-off-marijuana-enforcement-in-states-with-legal-pot/2018/01/04/b1a42746-f157-11e7-b3bf-ab90a706e175_story.html|url-status=live|url-access=limited|access-date=January 4, 2018|archive-url=https://archive.is/7tBJt|archive-date=November 9, 2020}}</ref>
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|-
|-
| {{flag|Virginia}}
| {{flag|Virginia}}
| style="background:#B2DF8A; color:red; text-align:center;" | {{Hs|4}} <big>D</big>
| style="background:#42AA41; color:red; text-align:center;" | {{Hs|4}} <big>D</big>
| Decriminalized
| Decriminalized
| Legal
| CBD oil (less than 5% THC)
| Not clearly stated
| Not clearly stated
| Medical use only
| Illegal
| {{main article|Cannabis in Virginia}}
| {{main article|Cannabis in Virginia}}
* April 2020: decriminalized up to {{convert|1|oz|g|abbr=on}} (punishable by a $25 fine) per legislation signed by Gov. [[Ralph Northam]].<ref>{{cite news |last1=Jaeger |first1=Kyle |title=Virginia Governor Approves Marijuana Decriminalization Bill |url=https://www.marijuanamoment.net/virginia-governor-approves-marijuana-decriminalization-bill/ |access-date=April 12, 2020 |work=Marijuana Moment |date=April 12, 2020}}</ref>
* April 2020: decriminalized up to {{convert|1|oz|g|abbr=on}} (punishable by a $25 fine) per legislation signed by Gov. [[Ralph Northam]].<ref>{{cite news |last1=Jaeger |first1=Kyle |title=Virginia Governor Approves Marijuana Decriminalization Bill |url=https://www.marijuanamoment.net/virginia-governor-approves-marijuana-decriminalization-bill/ |access-date=April 12, 2020 |work=Marijuana Moment |date=April 12, 2020}}</ref>

Revision as of 06:37, 27 March 2021

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. 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] At the state level, however, policies regarding the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law.

The medical use of cannabis is legal, with a doctor's recommendation, in 36 states, four out of five permanently inhabited U.S. territories, and the District of Columbia.[2] Twelve other states have laws that limit THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis.[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 is legal in 14[a] states, the District of Columbia, the Northern Mariana Islands, and Guam. Another 16 states and the U.S. Virgin Islands have decriminalized its use.[4] Commercial distribution of cannabis is allowed in all jurisdictions where cannabis has been legalized, except the District of Columbia. Prior to January 2018, the Cole Memorandum provided some protection against enforcement of federal law in states that have legalized cannabis, but it was rescinded by Attorney General Jeff Sessions.[5]

Although the use of cannabis remains federally illegal, some of its derivative compounds have been approved by the Food and Drug Administration for prescription use. Cannabinoid drugs which have received FDA approval are Marinol (THC), Syndros (THC), Cesamet (nabilone), and Epidiolex (cannabidiol). For non-prescription use, cannabidiol derived from industrial hemp is legal at the federal level, but legality and enforcement varies by state.[6][7]

Legend:
  Legal   Legal for medical use   Legal for medical use, limited THC content   Illegal for any use D Decriminalized

By state

State Recreational Medical Transportation Cultivation Notes
 Alabama Felony (first-offense possession is a misdemeanor) Non-psychoactive CBD oil Not clearly stated Illegal

First-time may be punished as a misdemeanor, but further possession, or intent to sell, can result in felony charges.

 Alaska Legal Legal Up to 1 oz (28 g)[8] Twelve plants in a household with two adults 21+,[9] or no limit with commercial license

Legalized by Measure 2 on November 4, 2014.[10]

 Arizona Legal Legal Up to 1 oz (28 g)[11] Six plants in a household, or a maximum of 12 with two or more adults 21+[12]
 Arkansas Illegal Legal Medical use only Medical use only
  • 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 passed by 53%.[17]
 California Legal Legal Up to 1 oz (28 g) Legal (six plants for personal use, or a commercial license)
  • July 1975: Senate Bill 95 reduced the penalty for possession of 1 oz (28 g) or less of cannabis to a citable misdemeanor.[18]
  • November 1996: first state to legalize medical marijuana when Proposition 215 passed by 56%.[19]
  • November 2016: Proposition 64 passed by 57% to 43%, legalizing sale and distribution, effective January 1, 2018.[20]
 Colorado Legal Legal Up to 1 oz (28 g) Legal (six plants for personal use, or commercially licensed[21])
  • November 6, 2012: Colorado Amendment 64 passed, legalizing the sale and possession of marijuana for non-medical use including cultivation of up to six plants with up to three mature.[22][23] Colorado became the second state to legalize, going into effect four days after Washington state,[23] however, it was the first state for legal retail sales to become established.[24]
 Connecticut D Decriminalized Legal Felony (legal for medical use) Felony

Possession of less than 14 g (0.49 oz) by those 21 or over results in graduated fines and confiscation. Those under 21 face more sanctions, with temporary loss of driver's license.[25]

 Delaware D Decriminalized (civil infraction) Legal Medical use only Medical use only
 Florida Illegal Legal Medical use only Medical use only
  • November 8, 2016: medical marijuana legalized as of July 1, 2017, when voters passed Amendment 2 by 71%.[28]
 Georgia Illegal; decriminalized in the cities of Atlanta,[29] Clarkston,[30] Forest Park,[31] Savannah, South Fulton,[32] Statesboro,[33] unincorporated Fulton County,[34] and Macon–Bibb County. CBD oil (less than 5% THC) Medical use only Illegal
  • 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.[35] 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.[36] 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.[37]
State Recreational Medical Transportation Cultivation Notes
 Hawaii D Decriminalized[38] Legal Against program rules Medical use only
  • June 15, 2000: Governor Benjamin Cayetano signed bill legalizing medical marijuana. First state legislature to do so.[39][40]
  • July 14, 2015: Governor David Ige signed bill allowing medical cannabis dispensaries.[41]
  • July 14, 2016: Governor Ige signed law expanding medical cannabis programs.[42]
  • 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.[38]
 Idaho Misdemeanor (85 g (3.0 oz) or less) Illegal Not clearly stated Felony
  • 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.[43]
  • 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.[44]
 Illinois Legal[45] Legal Up to 30 g (1.1 oz) Five plants in home for medical use only, or commercially licensed for recreational[46]
  • Cannabis Control Act of 1978 allowed for medical marijuana but was never implemented.[47][48]
  • August 1, 2013: Gov. Pat Quinn signed bill legalizing medical marijuana effective January 1, 2014.[49]
  • 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).[50] 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.[51][45]
 Indiana Misdemeanor (up to 6 months in jail, $1000 fine) CBD oil (less than 0.3% THC) legal for any use Not clearly stated Illegal
  • 1913: prohibited
 Iowa Illegal CBD oil (less than 3% THC) Not clearly stated Felony
  • 2014: CBD oil legalized
 Kansas Misdemeanor CBD oil (containing 0% THC) legal for any use Not clearly stated Illegal
  • 1927: prohibited
  • 2018: CBD oil exempted from the definition of marijuana.[52][53][54]
 Kentucky Misdemeanor (less than 8 oz (230 g)) CBD oil Not clearly stated Misdemeanor (less than 5 plants)
  • 2014: CBD legalized
 Louisiana Illegal Legal Medical use only Illegal
  • 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."
 Maine Legal Legal Legal to carry up to 2.5 oz (71 g) Up to three mature plants, twelve immature plants and unlimited number of seedlings; or commercially licensed[55]
  • 1913: prohibited
  • 1976: decriminalized
  • 1999: medical cannabis legalized[56]
  • 2009: further decriminalized[57][58]
  • 2016: legalized recreational[59]
 Maryland D Decriminalized (10g or less) Legal Medical use only Illegal
  • April 14, 2014: SB 364 decriminalized possession of 10 grams or less punishable by $100 fine for first offense, $250 fine for second offense, and $500 fine plus possible drug treatment for third offense. HB 881 legalized medical cannabis. Both laws effective October 1, 2014.[60][61]
State Recreational Medical Transportation Cultivation Notes
 Massachusetts Legal Legal Up to 1 oz (28 g) 1 oz (28 g) of marijuana outside the home, 10 oz (280 g) inside the home, and up to six plants or a commercial license.[62]
  • 2008: decriminalized cannabis by 63% vote on Question 2. 1 oz (28 g) or less punishable by $100 fine.[63][64]
  • 2012: medical marijuana legalized when Question 3 passed by 60%.[65][66]
  • 2016: legalized recreational marijuana when Question 4 passed by 54%.[67]
 Michigan Legal Legal Medical and recreational 2.5 oz (71 g) of marijuana outside the home, allows 10 oz (280 g) and up to 12 plants per household, or commercially licensed[68]
  • 2008: legalized medical cannabis
  • 2018: legalized recreational cannabis
 Minnesota D Decriminalized Legal Medical use only Medical use only
  • 1976: decriminalization[69]
  • 2014: medical cannabis legalized[70]
 Mississippi D Decriminalized (first offense; 30 g (1.1 oz) or less) Legal Medical use only (up to 2.5 oz (71 g))[71] Medical use only
  • 1978: decriminalized
  • 2014: CBD legalized
  • 2020: medical cannabis legalized through Initiative 65.[72][73]
 Missouri D Decriminalized Legal Not clearly stated Legal for medical use
  • 2014: decriminalized; CBD legalized
  • 2018: Missouri voters approved Amendment 2, allowing for the distribution and regulation of medical cannabis.
 Montana Legal Legal Legal Legal
 Nebraska D Decriminalized (first offense only) Illegal Not clearly stated 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.[74]

 Nevada Legal Legal Medical and recreational use Adults at least 21 years old can grow in home (6 plants per household), or commercially licensed[75]
  • November 7, 2000: medical marijuana legalized with 65% vote on Question 9.[76][77]
  • November 8, 2016: recreational marijuana legalized when Question 2 passed by 54%.[78]
  • Home cultivation allowed if 25 miles away from store.[79]
 New Hampshire D Decriminalized (up to 21 g (0.74 oz)) Legal Medical use only Medical use only
  • July 23, 2013: medical marijuana legalized when Governor Maggie Hassan signed HB 573.[80][81]
  • July 11, 2015: Governor Hassan expanded medical marijuana law.[82]
  • July 18, 2017: Governor Chris Sununu signed bill decriminalizing up to 21 g (0.74 oz).[citation needed]
 New Jersey Legal Legal Up to 6 oz. for an individual. Licensed delivery services allowed. Legal for licensed cultivators only
  • January 18, 2010: medical marijuana law signed by Governor Jon Corzine. Maximum 1 year in prison and 1,000 dollar fine for possession of up to 50 grams.[83][84] September 19, 2016: Governor Chris Christie signed Assembly Bill 457 adding PTSD as qualifying condition for medical marijuana, effective immediately.[85]
  • November 3, 2020: recreational use legalized by referendum.[86][87]
  • February 22, 2021: enabling legislation for cannabis legalization signed by Governor Phil Murphy. The bill includes provisions for transportation (delivery) and cultivation licensure. [88]
State Recreational Medical Transportation Cultivation Notes
 New Mexico D Decriminalized Legal Medical use only Medical use only
  • 2007: medical use legalized when Governor Bill Richardson signed Senate Bill 523.[89][90]
  • 2019: legislation to decriminalize was signed into law.[91]
 New York D Decriminalized[92] Legal Medical use only Misdemeanor
  • July 14, 2014: medical marijuana legalized when Governor Andrew Cuomo signed legislation allowing edibles, oils, pills, and vaporization, but not smoking.[93][94][95]
  • June 20, 2019: full decriminalization bill passed legislature and signed into law by Governor Cuomo. The bill decriminalizes amounts under 2 oz (57 g), providing for a $50 fine for under 1 oz (28 g) and $100 for under 2 oz. It also eliminates the "in public view" loophole whereby police would demand suspects empty their pockets, thus causing the cannabis to be in public view.[96] The law took effect on August 30, 2019.[97]
 North Carolina D Decriminalized (42 g (1.5 oz) or less) CBD oil Illegal Illegal
  • 1977: decriminalized
  • 2015: CBD legalized
 North Dakota D Decriminalized (14 g (0.49 oz) or less) Legal Medical use only Medical use only
  • November 8, 2016: legalized medical marijuana when voters passed Measure 5 by 64%.[98]
  • May 2019: decriminalized[99]
 Ohio D Decriminalized (civil infraction) Legal Not clearly stated Medical use only
  • June 8, 2016: Governor John Kasich signed legislation legalizing medical marijuana.[100]
 Oklahoma Illegal Legal Not clearly stated Legal with medicinal license
  • 1933: criminalized[101]
  • 2015: Governor Mary Fallin signed law allowing CBD oil for children with epilepsy.[102]
  • June 26, 2018: voters in Oklahoma approved State Question 788, legalizing medical marijuana.[citation needed]
 Oregon Legal Legal Up to 1 oz (28 g), more for licensed cultivators Four plants per household for adults 21+, or commercially licensed[103]
  • 1973: Oregon became the first state to decriminalize cannabis.[104][circular reference]
  • November 4, 2014: voters approved Measure 91 providing for possession and sale of set amounts of cannabis.[105][106]
  • Cannabis sentencing reform signed July 1, 2015 by Governor Kate Brown.[107][108]
  • More medical cannabis reforms signed July 28, 2015 by Governor Brown, effective October 1, 2015.[109][110]
  • Governor Brown signed 25% cannabis sales tax.[111]
 Pennsylvania Illegal Legal Medical use only Illegal
  • April 17, 2016: medical use law signed by Governor Wolf. Possession of 30 g (1.1 oz) or less up to 30 days in jail and fine up to $500. More than 30g a misdemeanor up to a year in jail and $5000 fine.[112]
 Rhode Island D Decriminalized (civil violation) Legal Medical use only Medical use only

Possession of 1 oz (28 g) $150 fine, three violations within 18 months a misdemeanor with larger fines or prison or both.[113]

 South Carolina Misdemeanor[114] Cannabis oil (less than 0.9% THC) CBD oil Illegal
  • 2014: Governor Nikki Haley signed Senate Bill 1035, "Julian's Law", allowing children with severe epilepsy to be treated with CBD oil if recommended by a physician.[115]
State Recreational Medical Transportation Cultivation Notes
 South Dakota Misdemeanor
(Legalization referendum held in 2020, overturned in 2021)
Legal Medical use only Medical use only

Personal use of 2 oz or less a Class 1 misdemeanor punishable by a maximum 1 year in prison and a maximum fine $2,000.[116]

Medical use legal effective July 1, 2021.

  • November 3, 2020: Medical and recreational use legalized by separate referendums.[117][118]
  • February 8, 2021: Recreational legalization referendum overturned.[119]
 Tennessee Misdemeanor (less than .5 oz (14 g); first or second offense only). Cannabis oil (less than 0.9% THC) CBD oil 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.[120]

 Texas Illegal (De facto legal by refusal to arrest for less than 4 ounces in possession in Austin. "cite and release" in Houston, Dallas, San Antonio, Austin, and residents of Travis County.) CBD oil (no more than 0.5% THC and no less than 10% CBD) Not clearly stated Illegal
  • December 2014: possession of up to 2 oz (57 g) of marijuana can result in a jail sentence of up to six months and fine of up to $2,000.[121]
  • June 1, 2015: governor Greg Abbott signed a bill legalizing CBD oil for medical use in patients with intractable epilepsy.[122]
  • May 2019: expanded the qualifying conditions of medical cannabis to include Parkinson's disease, ALS, autism, multiple sclerosis, spasticity and terminal cancer.[123]
 Utah Misdemeanor Legal Not clearly stated Illegal
  • 2014: HB 105 signed which allows use of low-THC cannabis oil for patients with epilepsy.[124]
  • March 2018: HB 195 signed which allows cannabis for certain terminally ill patients.[125]
  • Possession up to an 1 oz (28 g) 6-months prison and maximum fine $1,000. Over 10 oz (280 g) $10,000 fine. Selling any amount a felony with 5 years in prison and $5,000 fine.[126]
 Vermont Legal (up to 1 oz (28 g) or yield of two mature plants)[127] Legal Legal Legal (two mature plants, four immature, no commercial cultivation)
  • May 19, 2004: medical marijuana legalized when Senate Bill 76 passed[128]
  • June 2007: medical marijuana expanded by SB 7.[129]
  • June 6, 2013: Governor Peter Shumlin signed HB200, decriminalizing 1 oz (28 g).[130]
  • January 2018: HB511 passed,[131][132][133] legalizing recreational use of 1 oz (28 g) and two plants,[134] taking effect on July 1, 2018.[135][136][137] First state legislature to legalize recreational marijuana.[138]
 Virginia D Decriminalized Legal Not clearly stated Medical use only
  • April 2020: decriminalized up to 1 oz (28 g) (punishable by a $25 fine) per legislation signed by Gov. Ralph Northam.[139]
 Washington Legal Legal Legal Legal with restrictions and commercial licensing
  • 2012: legalized by Washington Initiative 502. The law permits anyone over 21 to carry 1 oz (28 g), and it requires licensed sellers, distributors, and growers. Home growing is not allowed except for medical use.[140] First state to legalize recreational marijuana on December 6, 2012, four days before Colorado.[141]
 West Virginia Misdemeanor Legal Not clearly stated Illegal

"Compassionate Use Act for Medical Cannabis; providing for protections for the medical use of cannabis..."[142]

 Wisconsin Misdemeanor on first offense, felony on subsequent offenses; decriminalized in the city of Milwaukee[143][144] CBD oil Not clearly stated; qualified patients for CDB oil may have 3 oz (85 g) of leaves or flowers Felony; qualified patients for CDB oil may have twelve plants

First possession a misdemeanor fine up to $1,000 or imprisonment up to 6 months, or both. Second offense a Class I felony fine up to $10,000 or imprisonment up to 3.5 years, or both.[145] Medical CBD oil legalized in 2014 and 2017.[142] In 2020, Madison, WI legalized the possession of up to 1 oz (28 g) of recreational cannabis, including smoking cannabis on public property (not including places where cigarettes are already banned, inside or within 1000 feet of a school, or behind the wheel).[146]

 Wyoming Misdemeanor CBD oil Not clearly stated 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.[147]

State Recreational Medical Transportation Cultivation Notes

Federal district

District Recreational Medical Transportation Cultivation Notes
 District of Columbia Legal (no commercial sales)[148] Legal (commercial sales) Legal to carry up to 2 oz (57 g) Legal to grow up to six plants (only three mature at a time) for recreational purposes; no provision for commercial recreational cultivation
  • 1998: Initiative 59 was voted in to allow medical marijuana, but was blocked from taking effect by Congress until 2009.
  • 2014: D.C. Mayor Vincent Gray signed a bill that decriminalized possession of up to 1 oz (28 g) of marijuana in the U.S. capital for persons 18 years of age or older. The law made possession a civil violation with a penalty of $25, lower than most city parking tickets.
  • 2014, D.C. voted by ballot Initiative 71 to legalize marijuana possession and cultivation for personal recreational use (commercial production and sale prohibited); the law went into effect February 26, 2015 following 30 days of congressional review.[149]

By inhabited territory

Territory Recreational Medical Transportation Cultivation Notes
 American Samoa Illegal Illegal Illegal Illegal

In 1999, the territory established a five-year mandatory minimum sentence for possession of any amount of any illegal drug, to explicitly include marijuana, even when medically prescribed in another jurisdiction.[150]

 Guam Legal Legal Legal Legal
  • November 4, 2014: residents passed a ballot measure that allows cannabis for medical use only.[151]
  • March 2019: the Legislature of Guam passed a bill (by a close vote of 8–7) to legalize recreational cannabis. The Governor of Guam signed the bill into law on April 4, 2019, with immediate effect.[152]
 Northern Mariana Islands Legal Legal Legal Legal
  • September 21, 2018: Republican governor Ralph Torres signed a bill into law to legalize the recreational use of cannabis in the territory.[153][154]
 Puerto Rico Illegal Legal Medical use only Medical use only
  • May 4, 2015: the governor of Puerto Rico signed an executive order legalizing medicinal marijuana in the U.S territory.[155]
 U.S. Virgin Islands D Decriminalized Legal Medical use only Medical use only
  • December 2014: possession of up to an 1 oz (28 g) was decriminalized.[156]
  • January 2019: medical use was legalized.[157]

By Tribal Nation

Reservation Possession Sale Transportation Cultivation Notes
Flandreau Santee Sioux Tribe
(South Dakota)
Legal[158] Not Yet Started Legal One single licensed grow site for the nation 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.[158]
Oglala Lakota Sioux Tribe (South Dakota) Legal Not Yet Started Legal Legal Legalized by referendum in March 2020, ordinance effective November 27, 2020.[159]
Suquamish Tribe
(Washington state)
Legal Legal sales since December 2015[160][161] 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.[162]
Squaxin Island Tribe
(Washington state)
Legal Legal sales since November 2015[163] Legal Legal Legalized in November, 2015.[164]

Legalization timeline

United States Jurisdictions With Legalized Recreational Cannabis
Jurisdiction Legalization Date Licensed Sales Since Legalization Method
Washington (state) December 6, 2012 July 8, 2014 Initiated Ballot Measure
Colorado December 10, 2012[165] January 1, 2014 Initiated Ballot Measure
Alaska February 24, 2015 October 29, 2016 Initiated Ballot Measure
Washington, D.C. February 26, 2015 [N/A] 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 Not Yet Started Legislative Bill
Northern Mariana Islands September 21, 2018 Not Yet Started 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 Not Yet Started Initiated Ballot Measure
New Jersey February 22, 2021 Not Yet Started Legislatively Referred Ballot Measure

See also

Notes

References

  1. ^ May include states which have expressed intent to legalize the recreational use of cannabis, but have not yet implemented such laws.
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  165. ^ Governor signs Amendment 64, marijuana officially legal in Colorado