The Facts You Need To Know About Cannabis

Where in the USA is Marijuana Legal?

First Published October 18, 2022

Which States Have Legalized Weed?

Medical Marijuana: As of January 1, 2024, a total of 37 states along with the District of Columbia (DC), Puerto Rico, the U.S. Virgin Islands and Guam have laws that regulate medical cannabis for registered patients. Another 10 states make allowance for persons to access cannabis products with comparatively low THC.

Nevertheless, there are hold-outs, as the states of Idaho, Kansas and Nebraska make no provision for medical marijuana to be administered legally.

Non-Medical Marijuana: At the same time, 24 states and DC have legalized recreational marijuana, while some states and cities have decriminalized possession of the drug for specified quantities and at least for the first offence.

Please be reminded that none of the information presented on this page constitutes legal advice and must not be construed as such.

Hemp is Legal

While unraveling the fifty state laws, it is important to bear in mind that the US Farm Bill signed into law on December 20, 2018, legalizes hemp (containing less than 0.3% THC) throughout the United States. However, the cultivation, production and sale of hemp are still subject to federal and state regulations. See details on this bill at https://www.natlawreview.com/article/2018-farm-bill-legalizes-hemp-obstacles-to-sale-cbd-products-remain.

Marijuana Dispensary in California

States with Legal / Regulated Recreational Marijuana

As of January 1, 2024, marijuana for recreational use has been legalized and regulated in the following states:

· Alaska (since 2014)

· Arizona (2020)

· California (2016)

· Colorado (2012)

· Connecticut (2021)

· Delaware (2023)

· Illinois (2019)

· Maine (2016)

· Maryland (2022)

· Massachusetts (2016)

· Michigan (2018)

· Minnesota (2023)

· Missouri (2022)

· Montana (2020)

· Nevada (2016)

· New Jersey (2020)

· New Mexico (2021)

· New York (2021)

· Ohio (2023)

· Oregon (2014)

· Rhode Island (2022)

· Vermont (2020)

· Virginia (2021)

· Washington (2012)

2020 Petition for Legalization of Marijuana in Nebraska

States / Cities with Partial Marijuana Decriminalization

As shown below, some states and cities have taken the approach to Decriminalize possession of non-medical marijuana in specific amounts and/or for the first offense. Generally, decriminalization means that the offender is subjected to a fine or an administrative order, rather than having to serve jail time.

Hawaii: Decriminalized Possession of Non-Medical Marijuana but only for 3 grams or less.

Louisiana: Decriminalized Possession of Non-Medical Marijuana but only for 14 grams or less.

Nebraska: Decriminalized Possession of Non-Medical Marijuana for the first offense only. *A first offense for illegal possession of 1 ounce or less treated as infraction with a fine.

New Hampshire: Decriminalized Possession of Non-Medical Marijuana but only for 21 grams or less.

Palm Beach, Broward & Miami-Dade counties plus the cities of Tampa & Orlando (all in the state of Florida), may issue civil citations for illegal possession of Non-Medical Marijuana up to 20 grams.

Other counties and cities throughout the country have taken a similar approach.

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Legal Access to Medical Marijuana

Marijuana Dispensaries are Accessible to Registered Patients

Registered Patients Can Access Medical Marijuana

The following states regulate medical marijuana, thereby providing legal access to qualified patients:

· Alabama

· Alaska

· Arizona

· Arkansas

· California

· Colorado

· Connecticut

· Delaware

· Florida

· Hawaii

· Illinois

· Louisiana

· Maine

· Maryland

· Massachusetts

· Michigan

· Minnesota

· Mississippi

· Missouri

· Montana

· Nevada

· New Hampshire

· New Jersey

· New Mexico

· New York

· North Dakota

· Ohio

· Oklahoma

· Oregon

· Pennsylvania

· Rhode Island

· South Dakota

· Utah

· Vermont

· Virginia

· Washington

· West Virginia

North Carolina as well as South Carolina allow the use of cannabis extracts with up to 0.9% THC to be used in the treatment of Epilepsy. Meanwhile, Wyoming allows for the use of hemp derived CBD products with very low THC.

The states of Georgia, Indiana, Iowa, Kentucky, Tennessee, Texas and Wisconsin only permit the use of CBD-Oil-based products.

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Sample medical marijuana card - Hawaii

Legal Status of Marijuana in Washington DC, Native American Tribal Nations and US Territories

District of Columbia: Marijuana for both recreational and medical use has been legal in Washington DC since 2015. Adults 21 years or older may possess up to two ounces of cannabis in their private residence. Each adult may grow up to six plants (only 3 mature) and each household may grow up to six mature plants and six immature plants.

Native American Tribal Nations: Between 2015 and June of 2021, the Tribal Nations have largely legalized marijuana for both recreational and medical use.

US territories: Marijuana for both recreational and medical use is legal in the US territories of Guam and the Northern Mariana Islands. Possession of up to one ounce of marijuana has been decriminalized in the US Virgin Islands while medical use of cannabis is legal. In Puerto Rico, recreational use of marijuana remains illegal while medical use is legal. American Samoa has not legalized cannabis for any use.

US Federal Agencies and Enforcement of Marijuana Laws

The US Congress is divided on the matter of legalizing non-hemp cannabis; hence it remains illegal under federal law, specifically, the Control Substances Act of 1970 (CSA). In fact, marijuana is grouped with narcotic substances considered to have a high potential for dependency and no accepted medical use.

Notwithstanding, federal agencies have been exercising restraint so that the state laws prevail for the most part. The state registries for medical marijuana may also help to protect patients who possess cannabis in accordance with their state laws. Again, ensure that you understand federal, state and local laws before using cannabis (or marijuana / weed) in any form within the United States.

Immigrants and Visitors to the United States: Special care must be taken by immigrants and visitors to the United States. Either possession of marijuana or being involved in the industry could have serious repercussions. In truth, federal marijuana laws may be invoked in the consideration of matters relating to immigration or temporary stay in the country.

Individuals must be judicious and not expose themselves to legal trouble.

*** Every effort was made to ensure that the information presented is correct as of the date posted on this website. However, we cannot guarantee 100% accuracy. Due to the rapidly changing laws, it can be a challenge to keep the information updated. We will attempt to update the information periodically. Indeed, we are open to correction or any new information that readers are aware of.

Note: You may view a detailed explanation of each state’s cannabis law by navigating the links on this web site: https://www.mpp.org/states/

The site may also provide certain updates.

Note for Medical Marijuana Patients: In order to obtain information relating to patient registry/ID cards; regulation of dispensaries; the specific conditions that are eligible for medical marijuana treatment across the United States etc., we suggest that you visit the National Conference of State Legislatures website and view information on the following webpage: https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx#:~:text=A%20total%20of%2037%20states,medical%20use%20by%20qualified%20individuals.

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References:

“State Medical Cannabis Laws.” National Conference of State Legislatures. September 12, 2022. Accessed 17 Sept. 2022, from

https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx#:~:text=A%20total%20of%2037%20states,medical%20use%20by%20qualified%20individuals.

“2018 Farm Bill Legalizes Hemp, but Obstacles to Sale of CBD Products Remain.” National Law Review. March 5, 2019. Accessed 8 July 2022, from

https://www.natlawreview.com/article/2018-farm-bill-legalizes-hemp-obstacles-to-sale-cbd-products-remain

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