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Legality of cannabis by U.S. jurisdiction
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- January 18, 2021
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Online marijuana dispensary home delivery.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.
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The medical use of cannabis is legal, with a doctor’s recommendation, in 35 states, four out of five permanently inhabited U.S. territories, and the District of Columbia.[2] Thirteen 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 15[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provided some protection against enforcement of federal law in states that have legalized cannabis, but it was rescinded by Attorney General Jeff Sessions.[5]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]
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 | |
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Felony (first-offense possession is a misdemeanor) | Non-psychoactive CBD oil | Not clearly stated | Illegal |
Main article: Cannabis in Alabama
First-time may be punished as a misdemeanor, but further possession, or intent to sell, can result in felony charges. |
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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 |
Main article: Cannabis in Alaska
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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] |
Main article: Cannabis in Arizona
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Illegal | Legal | Medical use only | Medical use only |
Main article: Cannabis in Arkansas
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Legal | Legal | Up to 1 oz (28 g) | Legal (six plants for personal use, or a commercial license) |
Main article: Cannabis in California
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Legal | Legal | Up to 1 oz (28 g) | Legal (six plants for personal use, or commercially licensed[21]) |
Main article: Cannabis in Colorado
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D | Decriminalized | Legal | Felony (legal for medical use) | Felony |
Main article: Cannabis in Connecticut
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] |
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D | Decriminalized (civil infraction) | Legal | Medical use only | Medical use only |
Main article: Cannabis in Delaware
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Illegal | Legal | Medical use only | Medical use only |
Main article: Cannabis in Florida
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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 |
Main article: Cannabis in Georgia (U.S. state)
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State | Recreational | Medical | Transportation | Cultivation | Notes | |
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D | Decriminalized[38] | Legal | Against program rules | Medical use only |
Main article: Cannabis in Hawaii
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Misdemeanor (85 g (3.0 oz) or less) | Illegal | Not clearly stated | Felony |
Main article: Cannabis in Idaho
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Legal[45] | Legal | Up to 30 g (1.1 oz) | Five plants in home for medical use only, or commercially licensed for recreational[46] |
Main article: Cannabis in Illinois
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Misdemeanor (up to 6 months in jail, $1000 fine) | CBD oil (less than 0.3% THC) legal for any use | Not clearly stated | Illegal |
Main article: Cannabis in Indiana
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Illegal | CBD oil (less than 3% THC) | Not clearly stated | Felony |
Main article: Cannabis in Iowa
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Misdemeanor | CBD oil (containing 0% THC) legal for any use | Not clearly stated | Illegal |
Main article: Cannabis in Kansas
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Misdemeanor (less than 8 oz (230 g)) | CBD oil | Not clearly stated | Misdemeanor (less than 5 plants) |
Main article: Cannabis in Kentucky
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Illegal | Legal | Medical use only | Illegal |
Main article: Cannabis in Louisiana
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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] |
Main article: Cannabis in Maine
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D | Decriminalized (10g or less) | Legal | Medical use only | Illegal |
Main article: Cannabis in Maryland
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State | Recreational | Medical | Transportation | Cultivation | Notes | |
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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] |
Main article: Cannabis in Massachusetts
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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] |
Main article: Cannabis in Michigan
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D | Decriminalized | Legal | Medical use only | Medical use only |
Main article: Cannabis in Minnesota
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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 |
Main article: Cannabis in Mississippi
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D | Decriminalized | Legal | Not clearly stated | Legal for medical use |
Main article: Cannabis in Missouri
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Legal | Legal | Legal | Legal |
Main article: Cannabis in Montana
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D | Decriminalized (first offense only) | Illegal | Not clearly stated | Illegal |
Main article: Cannabis in Nebraska
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] |
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Legal | Legal | Medical and recreational use | Adults at least 21 years old can grow in home (6 plants per household), or commercially licensed[75] |
Main article: Cannabis in Nevada
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D | Decriminalized (up to 21 g (0.74 oz)) | Legal | Medical use only | Medical use only |
Main article: Cannabis in New Hampshire
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Technically still illegal due to legislature delaying ballot measure implementation.[83] | Legal | Medical use only | Medical use only |
Main article: Cannabis in New Jersey
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State | Recreational | Medical | Transportation | Cultivation | Notes | |
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D | Decriminalized | Legal | Medical use only | Medical use only |
Main article: Cannabis in New Mexico
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D | Decriminalized[89] | Legal | Medical use only | Misdemeanor |
Main article: Cannabis in New York
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D | Decriminalized (42 g (1.5 oz) or less) | CBD oil | Illegal | Illegal |
Main article: Cannabis in North Carolina
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D | Decriminalized (14 g (0.49 oz) or less) | Legal | Medical use only | Medical use only |
Main article: Cannabis in North Dakota
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D | Decriminalized (civil infraction) | Legal | Not clearly stated | Medical use only |
Main article: Cannabis in Ohio
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Illegal | Legal | Not clearly stated | Legal with medicinal license |
Main article: Cannabis in Oklahoma
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Legal | Legal | Up to 1 oz (28 g), more for licensed cultivators | Four plants per household for adults 21+, or commercially licensed[100] |
Main article: Cannabis in Oregon
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Illegal | Legal | Medical use only | Medical use only |
Main article: Cannabis in Pennsylvania
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D | Decriminalized (civil violation) | Legal | Medical use only | Medical use only |
Main article: Cannabis in Rhode Island
Possession of 1 oz (28 g) $150 fine, three violations within 18 months a misdemeanor with larger fines or prison or both.[110] |
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Misdemeanor[111] | Cannabis oil (less than 0.9% THC) | CBD oil | Illegal |
Main article: Cannabis in South Carolina
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State | Recreational | Medical | Transportation | Cultivation | Notes | |
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Misdemeanor, becomes legal on July 1, 2021.[113] | Illegal, becomes legal on July 1, 2021.[113] | not clearly stated | illegal |
Main article: Cannabis in South Dakota
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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) |
Main article: Cannabis in Tennessee
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.[116] |
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Illegal (“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 |
Main article: Cannabis in Texas
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Misdemeanor | Legal | Not clearly stated | Illegal |
Main article: Cannabis in Utah
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Legal (up to 1 oz (28 g) or yield of two mature plants)[123] | Legal | Legal | Legal (two mature plants, four immature, no commercial cultivation) |
Main article: Cannabis in Vermont
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D | Decriminalized | CBD oil (less than 5% THC) | Not clearly stated | Illegal |
Main article: Cannabis in Virginia
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Legal | Legal | Legal | Legal with restrictions and commercial licensing |
Main article: Cannabis in Washington (state)
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Misdemeanor | Legal | Not clearly stated | Illegal |
Main article: Cannabis in West Virginia
“Compassionate Use Act for Medical Cannabis; providing for protections for the medical use of cannabis…”[138] |
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Misdemeanor on first offense, felony on subsequent offenses; decriminalized in the city of Milwaukee[139][140] | 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 |
Main article: Cannabis in Wisconsin
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.[141] Medical CBD oil legalized in 2014 and 2017.[138] 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).[142] |
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Misdemeanor | CBD oil | Not clearly stated | Illegal |
Main article: Cannabis in Wyoming
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.[143] |
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State | Recreational | Medical | Transportation | Cultivation | Notes |
Federal district
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
District | Recreational | Medical | Transportation | Cultivation | Notes | |
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Legal (no commercial sales)[144] | Legal (commercial sales) |
Main article: Cannabis in Washington, D.C.
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By inhabited territory
Territory | Recreational | Medical | Transportation | Cultivation | Notes | |
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Illegal | Illegal | Illegal | Illegal |
Main article: Cannabis in American Samoa
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.[146] |
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Legal | Legal | Legal | Legal |
Main article: Cannabis in Guam
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Legal | Legal | Legal | Legal |
Main article: Cannabis in the Northern Mariana Islands
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Illegal | Legal | Medical use only | Medical use only |
Main article: Cannabis in Puerto Rico
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D | Decriminalized | Legal | Medical use only | Medical use only |
Main article: Cannabis in the United States Virgin Islands
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By Tribal Nation
Reservation | Possession | Sale | Transportation | Cultivation | Notes | |
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Flandreau Santee Sioux Tribe (South Dakota) |
Legal[154] | Legal sales since January 1, 2016 | 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.[154] | |
Suquamish Tribe (Washington state) |
Legal | Legal sales since December 2015[155][156] | 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.[157] | |
Squaxin Island Tribe (Washington state) |
Legal | Legal sales since November 2015[158] | Legal | Legal | Legalized in November, 2015.[159] |
Legalization timeline
United States Jurisdictions With Legalized Recreational Cannabis | ||
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Jurisdiction | Legalization Date | Method |
Washington (state) | December 6, 2012 | Initiated Ballot Measure |
Colorado | January 5, 2013 | Initiated Ballot Measure |
Alaska | February 24, 2015 | Initiated Ballot Measure |
Washington, D.C. | February 26, 2015 | Initiated Ballot Measure |
Oregon | July 1, 2015 | Initiated Ballot Measure |
California | November 9, 2016 | Initiated Ballot Measure |
Massachusetts | December 15, 2016 | Initiated Ballot Measure |
Nevada | January 1, 2017 | Initiated Ballot Measure |
Maine | January 30, 2017 | Initiated Ballot Measure |
Vermont | July 1, 2018 | Legislative Bill |
Northern Mariana Islands | September 21, 2018 | Legislative Bill |
Michigan | December 6, 2018 | Initiated Ballot Measure |
Guam | April 4, 2019 | Legislative Bill |
Illinois | January 1, 2020 | Legislative Bill |
Arizona | November 30, 2020 | Initiated Ballot Measure |
Montana | January 1, 2021 | Initiated Ballot Measure |
New Jersey | TBD[b] | Legislatively Referred Ballot Measure |
South Dakota | July 1, 2021 | Initiated Ballot Measure |
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