As the legal status of marijuana continues to change in all 50 states, keeping up with the current federal, state, and local laws can be hard to stay on top of. To help you stay on top of things we have created a full list of the current legalization, recreational use, and medical marijuana law by state.
Is Marijuana Legal in Your State?
Here you can quickly see a state-by-state guide to whether or not to legalize marijuana if legalization has occurred in your state. As always you should make sure you fully understand and abide by the local cannabis laws in your area and in states you plan on visiting.
Underingstaind of these laws can help you avoid any misunderstanding and of course legal trouble. Check out each state to learn more about the current marijuana laws. Please note this guide covers all current federal laws and does not include any pending or future legislation.
Disclaimer: We do our very best to stay on top of the ever-changing state, local, and federal hemp and marijuana laws. However, due to the fact that these laws can, and do change so frequently, we do recommend you do your own research to verify the information you find in this article. This information is for educational purposes only and is not intended to be used as legal advice or as a substitute for legal aid.
Alabama
Legal status: Mixed - While Alabama has legalized medical marijuana they have not legalized recreational weed.
Decriminalized: No
Possession of personal use amounts of marijuana is considered a misdemeanor punishable by up to one year in prison and a $6,000 fine. Medical cannabis is only legal in the form of non-psychoactive CBD oil for children with epilepsy.
Alaska
Legal status: Fully Legal - Alaska was able to successfully legalize recreational cannabis and medicinal cannabis use.
Decriminalized: Yes
Marijuana is legal for recreational purposes for adults 21 years and older. Alaska also has a medicinal marijuana program for qualifying patients.
Arizona
Legal Status: Fully Legal - Both medical and recreational marijuana use is legal
Decriminalized: No
Cannabis is legal in Arizona and in fact, has been since 2020. Adults can buy and possess up to an ounce of weed and grow up to six cannabis plants for personal use.
Arkansas
Legal Status: Mixed - Medical marijuana is legal, but recreational cannabis use is not.
Decriminalized: No
Possession of small recreational amounts can earn you a year in jail and fines of up to $2,500. The medical cannabis program in Arkansas is one of the more restrictive in the country.
California
Legal Status: Fully Legal - Both medical and adult use marijuana is legal
Decriminalized: Yes
Adults 21 years and up can buy up to one ounce of marijuana and grow up to 6 cannabis plants. In 1996 California was the first state to legalize the use of weed for medical purposes.
Colorado
Legal Status: Fully Legal - Both medical and recreational marijuana is legal
Decriminalized: Yes
Colorado has pioneered recreational marijuana legalization in the USA. Adults can possess up to an ounce of cannabis and grow up to six mature weed plants for personal cultivation.
Connecticut
Legal Status: Fully Legal - Both medical and recreational marijuana is legal
Decriminalized: Yes
Connecticut state lawmakers have decriminalized cannabis, but larger quantities will still land you prison time along with a steep fine. The state does have a robust medicinal marijuana program with a large list of eligible conditions.
Delaware
Legal Status: Mixed - Medical marijuana is legal, but recreational marijuana is not.
Decriminalized: Yes
You can purchase marijuana in Delaware but only for medical reasons. Currently, a state legislature bill is pending to legalize cannabis for recreational use.
District of Columbia
Legal Status: Fully Legal - Both medical and recreational marijuana is legal
Decriminalized: Yes
District of Columbia legislature approved recreational users to possess up to two ounces of marijuana as long as they are 21 years or older. Adults can also grow up to six cannabis plants at home.
Florida
Legal Status: Mixed - Recreational cannabis is illegal but medical cannabis is legal
Decriminalized: No
Weed is illegal for recreational use in Florida, but possession of less than 20 grams has been decriminalized. Medical cannabis patients are allowed to possess up to 2.5 ounces of marijuana.
Georgia
Legal Status: Mixed - Only high THC CBD oil is legal for medical purposes, recreational cannabis is illegal.
Decriminalized: No
Georigia has some of the most restrictive marijuana laws with possession charges of anything more than one ounce of weed landing you felony charges. The passing of HB 324 only calls for the medical use of cannabis oil. CBD oil with up to 5% THC is allowed for patients.
Hawaii
Legal Status: Mixed - Medicinal use of marijuana is legal, recreational cannabis use is not.
Decriminalized: Yes
Hawaii has legalized medical marijuana and patients can carry up to 4 ounces. In addition, adult use marijuana possession has been decrminalized.
Idaho
Legal Status: Illegal
Decriminalized: No
Idaho cannabis laws echo federal law, marijuana of any kind is illegal and possession of more than 3 opunces is considered a felony.
Illinois
Legal Status: Fully Legal
Decriminalized: Yes
In addition to the states medical use program, Illinois has allowed legal recreational marijuana since 2020. You can possess up to 5 grams of cannabis concentrates and 30 grams of flower.
Indiana
Legal Status: Mixed - Recreational marijuana is illegal, medicinal use of cannabis oil is legal but very limited
Decriminalized: No
Like federal laws, Indiana allows CBD oil with no more than 0.3% THC. All other forms of cannabis are strictly prohibited.
Iowa
Legal Status: Mixed - Recreational marijuana is illegal, medicinal use of cannabis oil is legal but very limited
Decriminalized: No
Weed is illegal in Iowa except for medical marijuana patients. You can legally purchase CBD oil at less than 3% if you have a qualifying medical condition.
Kansas
Legal Status: Illegal
Decriminalized: No
Marijuana is illegal for all purposes in Kansas. Even hemp-derived CBD products are restricted to isolate by state law.
Kentucky
Legal Status: Mixed - Recreational marijuana is illegal, medicinal use of cannabis oil is legal but very limited
Decriminalized: No
In Kentucky, the use of CBD oil is exclusively permitted for individuals participating in clinical trials for epilepsy treatment at the University of Kentucky.
Louisiana
Legal Status: Mixed - Medical use is legal but no recreational cannabis bill has been passed
Decriminalized: Yes
Louisiana operates a relatively limited medical marijuana program, providing patients with a 30-day allocation of non-smokable marijuana.
Maine
Legal Status: Fully Legal
Decriminalized: Yes
Main has legalized recreational marijuana and medical use marijuana. Residents can posses up to 2.5 ounces of weed and grow 3 cannabis plants for personal use.
Maryland
Legal Status: Mixed - Recreational marijuana is illegal, Maryland has legalized cannabis for medical purposes.
Decriminalized: Yes
Possession of 10 grams or less is merely considered a civil infraction. Medical marijuana is accessible to patients, with availability in the form of a 30-day supply.
Massachusetts
Legal Status: Fully Legal
Decriminalized: Yes
Marijuana is completely legal, with allowable possession limits set at 1 ounce in public spaces and 10 ounces within a private residence.
Michigan
Legal Status: Fully Legal
Decriminalized: Yes
Michigan allows recreational cannabis sales and medical use sales. Adults can have up to 2.5 ounces of weed in public, 10 ounces at home, and can grow as many as 12 plants.
Minnesota
Legal Status: Mixed - Recreational marijuana is illegal, medical marijuana is legal
Decriminalized: Yes
Possession of less than 42.5 grams has been decriminalized. Medical mairijuana patients can legally buy their medicine from the state-licensed dispensaries.
Mississippi
Legal Status: Mixed - Recreational marijuana is illegal, medical marijuana is legal
Decriminalized: Yes
You won't go to prison if you have 30 grams or less. Medical marijuana patients can possess up to 2.5 ounces of marijuana and purchase high-CBD/low THC oil.
Missouri
Legal Status: Mixed - Recreational marijuana is illegal, medical marijuana is legal
Decriminalized: Yes
Missouri has a fairly open medical marijuana program and has decriminalized the possession of small amounts of weed for personal use.
Montana
Legal Status: Fully Legal
Decriminalized: Yes
Montana approved recreational cannabis legalization in November 2020. Adults 21 years and older can purchase an ounce of weed from adult-use dispensaries and grow up to four plants.
Nebraska
Legal Status: Illegal
Decriminalized: Yes
Nebraska has initiated the process of decriminalizing possession of minor quantities of marijuana, both medical and recreational use of the substance continues to be illegal in the state.
Nevada
Legal Status: Fully Legal
Decriminalized: Yes
Marijuana is fully legal. Recreational consumers are permitted to cultivate up to six plants per household and are allowed to possess up to one ounce of marijuana and 3 grams of marijuana concentrates.
New Hampshire
Legal Status: Mixed - Recreational marijuana is illegal, New Hampshire has legalized medical marijuana
Decriminalized: Yes
Cannabis has been legalized for medical purposes. Moreover, possession has been decriminalized to the level of misdemeanors for the initial three offenses.
New Jersey
Legal Status: Fully Legal
Decriminalized: Yes
In 2020, New Jersey legalized recreational marijuana use, enabling adults aged 21 and above to possess marijuana without the threat of legal prosecution.
New Mexico
Legal Status: Fully Legal
Decriminalized: Yes
In 2021, New Mexico legalized marijuana. Adults are permitted to carry up to 2 ounces of cannabis flower and 16 grams of extracts.
New York
Legal Status: Fully Legal
Decriminalized: Yes
In 2021, marijuana was legalized, permitting adults to possess up to 3 ounces of marijuana flower and up to 24 grams of concentrates. Adults are also allowed to store up to 5 pounds of marijuana at home and cultivate up to 6 plants per household.
North Carolina
Legal Status: Illegal
Decriminalized: Yes
CBD oil is the sole legal form of cannabis, and it's exclusively accessible to individuals with epilepsy that is resistant to other forms of treatment.
North Dakota
Legal Status: Mixed - Recreational marijuana is illegal, medical use is legal
Decriminalized: Yes
In North Dakota, possession of minor quantities for personal use has been decriminalized. The state operates a medical marijuana program for patients, although only in non-smokable forms.
Ohio
Legal Status: Mixed - Recreational marijuana is illegal, medical use is legal
Decriminalized: Yes
Minor amounts of marijuana have been decriminalized and the use of medical cannabis has been legalized for a wide variety of health conditions.
Oklahoma
Legal Status: Mixed - Recreational marijuana is illegal, medical use is legal
Decriminalized: No
In 2018, Oklahoma legalized the medical use of marijuana. The state boasts the largest program in the nation, with over 340,000 medical marijuana cards issued.
Oregon
Legal Status: Fully Legal
Decriminalized: Yes
In 2015, Oregon legalized recreational marijuana use. Individuals using marijuana recreationally can possess up to one ounce in public spaces and up to eight ounces within their homes.
Pennsylvania
Legal Status: Mixed - Recreational marijuana is illegal, medical use is legal
Decriminalized: No
Medical marijuana is permitted in non-smokable forms, and a number of cities have decriminalized possession of minor quantities intended for personal use.
Rhode Island
Legal Status: Fully Legal
Decriminalized: Yes
Possession of less than one kilogram has been decriminalized. Individuals with qualifying health conditions are eligible to apply for a medical marijuana card.
South Carolina
Legal Status: Illegal
Decriminalized: No
In South Carolina, only CBD oil with less than 0.9% THC is permitted for medical use in individuals diagnosed with Dravet syndrome, Lennox-Gastaut syndrome, or refractory epilepsy.
South Dakota
Legal Status: Mixed - Recreational marijuana is illegal, CBD is legal for medical use
Decriminalized: No
Individuals using marijuana recreationally are permitted to buy and hold up to one ounce of the substance and cultivate up to three plants for personal use.
Tennessee
Legal Status: Mixed - Recreational marijuana is illegal, CBD is legal for medical use
Decriminalized: No
Tennessee allows the use of CBD containing less than 0.9% THC. Nonetheless, the existing law does not facilitate the in-state purchase of this oil. Various municipalities have decriminalized possession of minor quantities of marijuana.
Texas
Legal Status: Mixed - Recreational marijuana is illegal, CBD is legal for medical use
Decriminalized: No
Recreational use of marijuana is prohibited in Texas. The state only permits the use of CBD oil that contains less than 0.5% THC.
Utah
Legal Status: Mixed - Recreational marijuana is illegal, medical use is legal
Decriminalized: No
Marijuana is legalized solely for medical purposes, within the context of a relatively restrictive medical marijuana program.
Vermont
Legal Status: Fully Legal
Decriminalized: Yes
Recreational users are permitted to possess up to an ounce of marijuana and cultivate up to 4 immature plants. Nevertheless, retail sales are still prohibited. Medical marijuana, on the other hand, is obtainable at dispensaries.
Virginia
Legal Status: Fully Legal
Decriminalized: Yes
Virginia made history as the first southern state to legalize marijuana for recreational use. Adults in Virginia are permitted to share up to 1 ounce of marijuana and cultivate up to 4 plants per household.
Washington
Legal Status: Fully Legal
Decriminalized: Yes
Washington was one of the first states to pass cannabis legalization. Adults aged 21 and above can purchase up to one ounce of marijuana, 16 ounces of edible products, and 72 ounces of liquid marijuana products.
West Virginia
Legal Status: Mixed - Recreational marijuana is illegal, medical use is legal
Decriminalized: No
Marijuana is illegal for recreational use in West Virginia, although the state has a fairly robust medical marijuana program.
Wisconsin
Legal Status: Mixed - Recreational marijuana is illegal, CBD is legal for medical use
Decriminalized: No
In Wisconsin, the use of marijuana is entirely illegal. The state only permits the use of CBD oil containing less than 0.3% THC.
Wyoming
Legal Status: Illegal
Decriminalized: No
Wyoming is known for having one of the most stringent stances on marijuana. The recreational use of weed is illegal, and the state solely permits the use of low-THC CBD oil for treating intractable epilepsy.
Facts about Marijuana Legalization
Is Marijuana Federally Legal?
No, marijuana is not federally legal in the United States. Despite its legalization in various U.S. states for medical and/or recreational use, marijuana remains classified as a Schedule I drug under the Controlled Substances Act at the federal level. This classification indicates that the drug is viewed as having high abuse potential, no accepted medical use, and a lack of accepted safety under medical supervision. Actions involving marijuana such as possession, cultivation, transportation, and distribution constitute a federal crime.
Laws legalizing marijuana for medicinal or recreational purposes at the state level pose a challenge to the federal government, causing a conflict between the rights of states to establish their own regulations to legalize recreational marijuana and the overarching power of the federal government.
Nonetheless, the federal government has opted not to intervene with marijuana legalization in states that have chosen to do so. In 2009, the Obama Administration directed federal prosecutors to refrain from pursuing individuals involved in the distribution of marijuana in compliance with state medical cannabis laws.
Is CBD Legal at the Federal Level?
Indeed, the 2018 Farm Bill decriminalized hemp by excluding it from the controlled substances list. This legislation established a clear distinction between hemp and marijuana, legalizing all hemp-based products containing 0.3% delta-9 THC or less.
Hemp was reinstated as an agricultural product; farmers are now allowed to cultivate and market it for a variety of purposes, such as textiles, ropes, building materials, biofuel, paper, food, and wellness supplements like CBD oil.
Hemp-derived CBD oil is legally purchasable in all 50 states, though it's advisable to review local regulations to verify if your state permits all categories of CBD oil or just broad-spectrum and isolate-based products.
What is Cannabis Decriminalization?
Decriminalization entails reducing penalties associated with simple marijuana possession, transforming the offense of possessing small quantities of marijuana from a criminal act to a civil offense in states that adopt this approach.
As per the findings of the Marijuana Policy Project's report, a total of 31 states and the District of Columbia have enacted decriminalization laws pertaining to the possession of small amounts of marijuana for personal use. These laws typically eliminate the imposition of prison sentences. However, in certain states, there may still be the possibility of fines or the creation of a criminal record in cases involving the possession of marijuana.
Several states that have implemented decriminalization measures also have established medical marijuana programs. Additionally, there are two states where marijuana possession has been decriminalized, but its legalization for any purpose is yet to be achieved.
What is the Cole Memorandum?
The Cole Memorandum signifies a pivotal point in federal marijuana enforcement policy. In 2013, the Justice Department announced its stance on cannabis administration and that it would not contest states' marijuana legalization laws, instead expecting states to independently enforce these laws.
In 2018, former Attorney General Jeff Sessions directed prosecutors to exercise their own discretion in deciding whether to prosecute or ignore marijuana-related offenses.
The Justice Department, for the most part, has chosen not to pursue cases where individuals have adhered to state laws, nor has it contested state legalization efforts in a federal appeals court.
Following the implementation of the Cole Memorandum, a majority of prosecutors within the Department of Justice have largely ignored marijuana-related cases, focusing instead on more grave felonies related to firearms or organized crime.
Can you Buy Delta 8 THC in the United States?
The legal situation of marijuana alternatives like hemp-derived products varys by state. The Farm Bill did, indeed, legalize all these products at the federal level but like marijuana, each state has the ability to pass their own laws.
Originally Delta-8 THC was traditionally sourced from marijuana due to the prohibitive cost of extraction from hemp. However, recent advancements in extraction techniques, coinciding with new law, have enabled manufacturers to synthesize CBD to obtain Delta-8 THC from hemp in usable amounts. Given the final product contains less than 0.3% delta-9 THC, delta-8 THC is deemed legal under federal law.
Regardless, not all states are on board with hemp derived THC. Find out which states allow Delta 8 and which states allow Delta 9 THC.
What is America's stance on Legalizing Marijuana?
America's stance on legalizing marijuana is diverse and complex. A considerable number of states have passed laws legalizing marijuana for medical and/or recreational use, challenging the federal statute.
The federal government has typically adopted a hands-off approach regarding state-level legalization efforts, causing a state of legal discrepancy. Public opinion on the matter has also been shifting over the years, with growing support for full legalization. Therefore, while marijuana remains federally illegal, America's stance on the cannabis plant is evolving and may change in the future.
We think it's important to know that you have a wide array of legal alternatives for those who live in an area that lacks state-regulated cannabis programs or legalized cannabis for recreational use. Chances are you probably have options, check out the selection of hemp-derived Delta 8 THC or Delta 9 THC products available at Everyday Delta.
*By using this website, you agree to and are subject to the following Legal Disclaimer, which is part of our Terms of Service. The information provided on this website does not and is not intended to, constitute legal advice or reliable statements of the status of any laws.